Amendment status not verified — confirm the current text below against the official source.
In section 3 of the principal Act, in the Expla- of Assam nation occurring under clause (d), a comma 1957 1 ° f by the words “ married sons” shall be inserted between the words “dau ghters” and “and” . Amend ment of sec- 4 . In section 4 of the principa l Act,— tion 4 of ofS1957.C tl (1) in sub-section (I) of section 4 of the princi- exhti’Jt5h0°l! pal Act, the figure “ 150” occurring between the ding 46 words “ of” and “Bighas” shall be substituted by the figure ‘’75” . (2) after sub-section (1) the following shall be inserted as sub-section (2), namely:— “(2) Notwithstanding anything to the contrary in any law, custom or agreement no person shall be entitled to hold as owner or tenant lands for special cultivation of tea in excess of such lan d as has been used for special cultivation of tea and purposes Ancil lary thereto on the day of commencement of this A ct: Provided that the State Government may allow more lands to be held for ancillary purposes and for increase in area under special cultivation of tea in accordance with the rules as may be prescribed. Explanation.—Purposes ancillary to special cultiva tion shall mean the following :— (i) land used for factory buildings. (ii) land used for staff building includ ing labour' line. (iii) land used for roads, bridges and drains within the tea estate. (iv) land used for nurseries including shade trees. (v) land used for hospitals, dispensaries, creches, recreation centres and play grounds. (vi) land used for religious institution, burial or cremation ground. (vii) land used for any other building built by management as a statutory re quirement under any law for the time being in force. (viii) land used for seed bari. (ix) lands used as may be needed for rotational plantation to maintain the planted areas as on the commencement of this Act but not exceeding 7j per cent of the planted area. 47 (x) lands lying w ithin the boundaries of the actual planted areas excluding tenanted kh etland s, (xi) land used for bamboos baris but not exceeding 50 bighas. (3) the existing sub-section (2) shall be renum bered as sub-section (3). (4) the existing sub-section (3) shall be renum bered as sub-section (4) and the following sub-section" shall be added as sub-sections (5) and (6), namely:— “(5) No person who holds land in excess of the limit fixed under section 4 shall, on or after the com mencement o f this Act transfer or partition any land until the land in excess of such of limit is determined and possession taken over by the Collector under the Act: Provided that for special reason to be recorded in writing, the Collector may perm it transfer or parti tion of the land or any portion thereof. Explanation.—In this section the expression transfer shall have the same meaning as defined in section 5 of the Transfer of Property Act (Centra l Act IV of 1882) and “partition” means any division of land by act of parties made inter vivos. (6) If any person, transfers or partitions in contravention of the provi sion of sub-section (5), or transfers or partitions any land after the first day of April, 1970, t.e., the day on which this amending Bill was introduced in the Assam Legislative Assembly, but before the commencement of this Act, in anticipation of, or in order to avoid o r defeat the objects of this Act, then the area so transferred or partitioned shall be taken into account in calculating the area which that person is entitled to hold, and land exceeding the area so calculated shall be deemed to be in excess of the limit fixed under section 4 notwithstanding that the land rem aining with him may not, in fact, be in exces of such limit. If by reason of such transfer or partition the holding of that person is less than the area so calculated to be in excess of such limit, then all his land shall be deemed to be surplus land ; and out of the land so transferred or partitioned and in possession of his 48 transferree land to the extent of such deficiency shall subject to rules made in that behalf also be deemed to be surplus lan d notwithstanding that the holding of the transferree may not, in fact, be in excess of the limit fixed under section 4. All transfers and partitions made after the first day of April 1970, i.e., the day on which this amending Bill was introduced in the Assam Legislative Assembly, but before the commencement of this Act, shall be deemed, unless the contrary is proved, to have been made in anticipation of, or in order to avoid or defeat he objects of this Act.” Amendment