Bare ActsThe Assam Fixation of Ceiling on Land Holdings Act, 1956

Section 3

Substitucd by the Assam Act IX of 1975

Amendment status not verified — confirm the current text below against the official source.

Substitucd by the Assam Act IX of 1975. 19 a fT ^ (2) Notwithstanding anything to the contrary in any law or agreement, any tenant who has been eje ted within two years next before the 12th day of Novem- ber, 1955 on the ground of the land-lord requiring the land for his personal cultivation, but who would not have been liable to be so ejected, had the provi­ sions of the sub-section (1) above been in force at that time, shall be entitled to restoration of posses­ sion as if the provisions aforementioned were then in force. Ejected te- 26.(1) Notwithstanding anything to the contrary ceive t°om- *n a n ^ ' a w o r c o n t r a c t> a tenant who is ejected pensation for under the provisions of section 23 of this Act, improvement shall be entitled to receive compensation for any done by him. improvement made by him on the land from which he has been ejected. (2) In determining compensation, the following matters shall betaken into consideration, namely: — (a) the enhancement of the value of the land due to the improvement, (b) probable duration of the effect of /the improvement, (c) labour and capital spent by the tenant on the improvement, (d) any advantage allowed to the tenant by the landlord in consideration of the improve­ ment. Land lord 27.(1) A landlord who wants to resume any area for re- la n (^ f°r Pe r s o n al cultivation under section 23 shall sumption give notice to his tenant to that effect and there- and tenants upon the tenant shall select the area under his of lands not OCCUpation which he is entitled to retain under resumption provisions of this Act, and shall inform the for personal landlord in writing within 30 days of the service cultivaticn of the notice, not liable <0 ejection. The landlord may then, out of the area not so selected by the tenant, choose the area which he is entitled to resume and may terminate the tenancy thereof after giving the tenant not less than 60 day’s notice in writing. (3) If no information as required under sub­ section (1) above is received by the landlord within 45 day’s of the service of the notice, the landlord shall be entitled to select, in his discretian, the land for resumption under section 23, and to ter­ minate the tenancy thereof after giving the tenant not less than 60 day’s notice in writing. 20 (4) Notwithstanding anything to the contrary in any law or contract, no tenant of the land which has not been selected and dem arcated for resumption for personal cultivation by the landlord under the sub-sections above and no tenant of the land which has been selected for resumption by the landlord but proceeding for ejection wherefrom has not been instituted within the period mentioned in section 24 of this Act, shall be ejected except on the grounds mentioned below and after giving at least 30 day’s notice in writing'— (a) that he has done any act which is destruc­ tive or permanently injurious to the land and failed to rep air the dam age within 90 days of the service of the notice given by the land­ lord; 01' (b) that he has failed to pay the ren t lawfully due to the land-lord within 90 days of its becoming due; or (c) that he has kept the lan d fallow for two conse­ cutive years without any reasonable ground. CH APTER VII ESTABLISHMENT OF A LAND REFORMS BOARD No tification 28.(1) The State Government may, by notification for establish-jn t ji e official Gazette, establish a Land Reforms Land” * Board for the State of Assam. Re form Bo ard. [(2) The Board shall consist of six members, namely,— (a) two non-official members nominated by the State Government, (b) three officers of the State Government, name ly:— (1) the Commissioner of Plains Division, (ii) the Secretary to the Government of Assam in the Revenue Department, (iii) the land Reforms Officer who shall also be the Secretary to the Board. (g) a Chairman nominated by the State Govern­ ment.]! “

Section 3 – The Assam Fixation of Ceiling on Land Holdings Act, 1956 | DailyLaw.ai