Amendment status not verified — confirm the current text below against the official source.
In Section 4 of the principal Act— (1) Sub-section (1) shall be substituted by the following, namely : — “ (1) Notwithstanding anything to the contrary in any law, custom or agreement, no person shall be entitled to hold, as owner or tenant, lan d which exceeds the limit of 50 bighas in the aggregate and this limit of 50 bighas shall be applicable to the aggregate of the lands held individually by the members of a family or jointly by some or all the members of such a family : Provided that where such person holds ‘orch ard’ land the aforementioned limit shall be increased by the actual area of orchard subject to a maximum of 4 bighas over the limit of 50 bighas mentioned above” (2) In sub-section (2), (I) the first parag raph shall be substituted fey the following, namely :— “ (2) Notwithstanding anything to the contrary in any law, custom or agreement, no person shall be entitled to hold, as c.wner or tenant, lands for special cultivation of tea in excess of such land as has been used for special cultivation of tea and purposes ancillary thereto on the day on which the Assam Fixation of Ceiling on Land Holdings (Amendment) Act, 1970 came into Assam Act fo rce;” V Iilo fl9 7 i. (II) in the explanation, item (V) shall be substituted by the following, namely :—• “ (v) land used for hospitals, dispensaries, creches, recreation centres and play-grounds (3) In sub-section (5), the first paragraph shall be substituted by the following, namely :— “(5) No person who holds land in excess of the limit fixed under Section 4 shall, on or after the commencement of the Assam Fixation of Ceiling on Land Holdings (Amendm ent) Act, 1970, trans fer or partition any land until the land in excess of such limit is determined and possession vil l of 1971 taken over by the Collector under this Act 886 TH E ASSAM GAZETTE, EX TR AO RD INAR Y, SEPT. 17, 1975 (4) In sub-section (6), for the words, “this Act” wherever they occur, the words, “the Assam Fix ation of Ceiling on Land Holdings (Am end ment) Act, 1970” shall be substituted. of Section 6' After Section 11, the following new Section ’ll A. ’ shall be inserted as Section 11 A, na mely:— Takin g possession in advance. “ 11 A. Notwithstanding anything contained in this Act or in any other law for the time being in force (1) When it appears from a return submitted by a person under Section 5 or 22 of this Act that there is any land in excess of the ceiling limit the Collector may by an order in writing take possession of such excess lands. In doing so the Collector shall take possession of that land which has not been selected to be retained and in case when no such selection has been indicated in the return the Collector shall himself select the lands to be taken possession of. (2) When it appears from a return submitted by a person under Section 5 or 22, that the parti culars shown therein are not correct and the Collector finds from information received by him that there are lands in excess of the ceiling limit the Collector may by an ord er in writing take over possession of such excess lands. While doing so the Collector shall himself select the lands to be taken possession of. (3) When no return has been submitted under this Act by any person in respect of his lands but the Collector finds from information received by him that the person holds lands in excess of the ceiling lim it, the Collector may at any time by an order in writing take over possession of such excess lands. While doing so the Collector shall himself select the lands to be taken possession of. (4) When the Collector has passed an order under sub-section (2) of Section 7 showing therein any land to be in excess of the ceiling limit appli cable to the person concerned he shall by an order in writing take possession of such excess iaud. (5) No order for taking possession shall be passed under any of the previous sub-sections unless it appears to the Collector to be necessary to do so in public interest or for securing proper manage ment of the lands in question. TH E AS SA M GA ZETTE. EX TR AO RD INAR Y, SEPT. 17, 1975 887 (6) When possession is taken of any land under any of the preceding sub-sections, the person whose lands are taken possession of shall be paid for each year of such possession an amount equal to the annual land revenue and local rate payable for such land. (7) Where the excess land of any person deter mined finally under Section 7 is found to be less than the land of that perso n which the Collector has taken possession of under this Section, the land which is in excess of the area so determined shall be re turned by the Collector. (8) Notwithstanding anything in any law for the tipie being in force, any order passed bv a Collector under any of the preceding sub-sections shall be final and no court or any other authority shall entertain any suit, proceeding or apeea l in respect of any such order passed or in respect of taking over and return of possession of land under any of the preceding sub-sections. (9) For taking over possession of any land under any of the preceding sub-sections, the Collector may use such force as may be necessary. (10) Any order passed by the Collector for taking over possession of any land under any of the p re ceding sub-sections shall not affect or prejudice in any manner, the determ ination of the excess land under the provisions of the Act. (11) Any land of which possession is taken by the Collector may be temporarily for a period not exceeding one year at a time disposed of or utilised in the spirit of the provisions of Chapter III of this Act. Such tem porary disposal shall not create any right, title and interest whatsoever in favour o f any person. Insertion of After sub-section (2) of Section 17 insert the new >ub- following as sub-section (3), namely “(3) In making settlement under sub-section (1) of this Section preference shall be given as far as practicable to the following categories of person in the order of narration stated below:— (a) Landless cultivator who has been rendered homeless due to flood, erosion or earth quake. (b) Landless cultivator. (c) Agricultural Farming Corporation as de- Assam Act fined in the Assum Agricultural Farming VIII of Corporation Act, 1973. " 1973- section under Section 17 of Assam Act I of 1957. 888 THE ASSAM GA ZETTE, EX TR AO RD INAR Y, SEPT; 17, 1975 ■»<+ Amendment of Section 23 of Assam Act I of 1957, Amendment of Section 34 of Assam Act I of