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Assam Agricultural Land (Regulation of Reclassification and Transfer for Non-Agricultural Purpose) Act, 2015
Assam Agricultural Land (Regulation of Reclassification and Transfer for Non-Agricultural Purpose) Act, 2015
Sections
1. Short title, extent and commencement.
Section 12. Definitions.
Section 23. Bar of agricultural land use or transfer for non-agricultural purpose without reclassification and permission.
Section 34. Nature of land capable of reclassification.
Section 45. Procedure for land reclassification and reclassification-cum-transfer.
Section 56. Power to levy and collect Reclassification Premium.
Section 67. Authority Competent to reclassify and reclassify-cum-Transfer.
Section 78. Penalty.
Section 89. Provision relating to agricultural land already putto non-agricultural use.
Section 910. Mandatory establishment of the approved non-agricultural activity within three years.
Section 1011. Restriction on change of approved non-agricultural activity.
Section 1112. Restriction on transfer of land approved for establishing non-agricultural activity.
Section 1213. High Power Committee.
Section 1314. Furnishing of timely report by the Deputy Commissioner.
Section 1415. Power of the state Government.
Section 1516. Act not to apply to certain lands.
Section 1617. Appeal.
Section 1718. Act to override other laws.
Section 1819. Power to give directions.
Section 1920. Bar of jurisdiction.
Section 2021. Protection of action taken in good faith.
Section 2122. Power to remove difficulties.
Section 2223. Power to make rules.
Section 23
assam-agricultural-land-regulation-of-reclassification-and-transfer-for-non-agricultural-purpose-act-2015.json
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23 Sections
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Assam
{
"id": 13565,
"slug": "assam-agricultural-land-regulation-of-reclassification-and-transfer-for-non-agricultural-purpose-act-2015",
"title": "Assam Agricultural Land (Regulation of Reclassification and Transfer for Non-Agricultural Purpose) Act, 2015",
"short_title": "Assam Agricultural Land (Regulation of Reclassification and Transfer for Non-Agricultural Purpose) Act, 2015",
"act_number": "(Assam Act No. 26 of 2015)",
"act_year": 2015,
"act_type": "STATE",
"location": "Assam",
"law_status": "unknown",
"enactment_date": null,
"description": "Assam Agricultural Land (Regulation of Reclassification and Transfer for Non-Agricultural Purpose) Act, 2015",
"preamble": "",
"section_label": "Section",
"sections": [
{
"number": "1",
"title": "1. Short title, extent and commencement.",
"chapter": null,
"content": "",
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{
"number": "2",
"title": "2. Definitions.",
"chapter": null,
"content": "(a) \"agricultural land\" means and includes land classed as such in the revenue record or used for cultivation or raising of any crop or grass or garden produce, horticulture, floriculture or any other activity that the Department of Agriculture, Government of Assam, may from time to time notify as an agricultural activity but shall not include lands under Tea cultivation in the state and the word 'agricultural' shall be construed accordingly ;\n(b) \" commercial purpose\" means use of land for the purpose of trade or commerce or business whether retail or wholesale, which shall include a shop, shopping complex, marriage hall, marriage garden, conference hall, bank, restaurant, hotel, depot, godown, printing press, auto service station, show-room, cinema, multiplex, explosive magazine, weigh bridge, workshop, dhaba (whether- pucca or temporary structure), petrol or diesel pump, tourism activities and such other purposes or any other activity, notified by the State Government, from time to time, as commercial purpose and shall also include the use thereof partly for residential and partly for commercial purposes ;\n(c) \"Circle Officer\" means the Revenue Circle Officer under whose jurisdiction the agricultural land or a part thereof is situated, and includes Attached Circle Officer;\n(d) \"developer\" means a person who desires or undertakes subdivision, reconstitution or improvement of plots ;\n(e) \"The Deputy Commissioner\" means the Deputy Commissioner of the District under whose jurisdiction the agricultural land is situated ;\n(f) \"Government\" means the State Government of Assam ;\n(g) \"industrial area\" means an area of land to be developed by any person, for setting up an industry or industries including essential welfare and supporting services within the industrial area like residential colony for employees, entrepreneurs, staff of Industrial units and shall include Industrial Parks and Estates;\n(h) \"industrial purpose\" means the use of any land for any industry whether a small or medium or large scale unit including Information Technology industry, and shall include a brick-kiln or kiln but shall not include use of any premises or land for the commercial purpose;\n(i) \"infrastructure projects\" means activities such as Power Projects, Telecommunication Projects, Transport Projects, Water Supply Projects, Solid Waste Management Projects, Sewerage Treatment Plants or any project as may be specified by the State Government from time to time ;\n(j) \"institutional purpose\" means the use of land by any establishment, organization or association for the promotion of some object specially of general utility, charitable, educational or like nature, except public utility purpose;\n(k) \"Local Authority\" means and includes an Urban Development Authority or a Gram Panchayat in rural areas or any other Authority which the government may from time to time notify as Local Authority, under whose jurisdiction the agricultural land falls;\n(l) \"medical facilities\" means and include climes, dispensaries, hospitals, diagnostic centers, nursing-homes, etc,\n(m) \"multiplex\" means a building which contains one or more cinema halls, along with space for recreation and commercial activities;\n(n) \"minimum zonal value of land\" means the minimum base value of land for a particular class of land in an area that is fixed and notified by the Deputy Commissioner of the district from time to time;\n(o) \"non-agricultural class\" includes all Trade sites including industry and commercial or residential sites or any other class that the government may notify as non-agricultural class from time to time;\n(p) \"non agricultural land\" means land other than agricultural land and intended to be used for non-agricultural purposes;\n(q) \"non-agricultural purpose\" means and includes use oi land for establishing industries or industrial areas, commercial purposes, infrastructure projects, institutions, medical facilities, housing including residential area or housing colony or township project, public utility or amenities or any other purpose not being an agricultural purpose,\n(r) \"owner\" means any person being a proprietor or a settlement holder and shall have same meaning as assigned in the Assam Land and Revenue Regulation, 1886 (Regulation 1 of 1886) and shall not include a Power of Attorney holder under this Act,\n(s) \"prescribed\" means, prescribed by rules made under this Act ;\"\n(t) \"person\" includes individual, firm, registered society, association of persons, corporate body or any legal person;\n(u) \"public utility or amenities\" means places of religious worship, dharmashala, gaushala, Haj Bawans, public parks, hostels, smashan or kabarsthan, old age home, leprosy treatment center, pensioners rest house, night shelter, training center for differently abled persons, public water huts, public toilets, public libraries, etc. or any other place of public utilities that may be notified by the Government from time to time as public utility or amenity excluding use of medical facilities ;\n(v) \"Registrar of Land Registration\" means and includes the jurisdictional District Registrar, Deputy Registrar, Senior Sub-Registrar and Sub-Registrar of Land Registration ;\n(w) \"Reclassification Premium\" means a 'premium' charged and realized by the state from the owner for change of land use from agricultural to -intended non-agricultural purpose;\n(x) \"residential area\" or \"housing colony\" or \"township project\" means an area having residential plot or group houses or flats or groups of plots, etc. along-with other essential facilities or amenities and also includes residential plots or flats or houses being developed by developers for further sale to interested persons;\n(y) \"reclassification\" means change of land use from agricultural purpose to intended non-agricultural purpose and \"reclassified land\" means land for which permission under this Act is granted for use for non-agricultural purpose;\n(z) \"reclassification-cum-transfer\" means reclassification of the agricultural land for intended non-agricultural purpose and subsequent transfer of the land;\n(za) \"transferee\" under this Act means a person to whom an agricultural land has been transferred after reclassification to an intended non-agricultural purpose;\n(zb) \"tourism activities\" means and include hotels, wayside amenities, camping site with furnished tented accommodation, a resort, an amusement park, a safari park developed with the permission of the Forest Department, an aerial ropeway established under the prevailing rules and regulations, a Health Spa, Golf Academy or Golf Course, an Art Gallery, handicrafts market and any other related activity declared as Tourism Activity by the Department of Tourism,Government of Assam, from time to time;\n(zc) \"value of consideration\" means the value of the land as mentioned on the Deed of Transfer of land.",
"footnote": "",
"is_definition": true,
"sort_order": 1
},
{
"number": "3",
"title": "3. Bar of agricultural land use or transfer for non-agricultural purpose without reclassification and permission.",
"chapter": null,
"content": "(i) No agricultural land shall be put for intended non-agricultural purpose without the prior permission of the Deputy Commissioner. The Deputy Commissioner shall be competent to accord permission only after reclassification of the said land.\n(ii) No agricultural land shall be transferred for intended non-agricultural purpose without the prior permission of the Deputy Commissioner. The Deputy Commissioner shall be competent to accord permission only after reclassification of the said land.\n(iii) The Deputy Commissioner shall examine the bona fides of applications received for issue of permission for reclassification' or reclassification- cum- transfer under clause (i) and (ii) of this section and issue the permissions only when he is satisfied that the permission has been sought for bonafide use of the land for non-agricultural purposes.\n(iv) No permission is required to be obtained from the Deputy Commissioner under this section, when an agricultural land not exceeding one bigha is intended to be used or transferred for construction of one's own dwelling house and when construction of the said structure is limited to two-storeys. In such cases the Deputy Commissioner may suo moto or on an application received from the owner or the transferee reclassify such land into residential class.;",
"footnote": "",
"is_definition": false,
"sort_order": 2
},
{
"number": "4",
"title": "4. Nature of land capable of reclassification.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 3
},
{
"number": "5",
"title": "5. Procedure for land reclassification and reclassification-cum-transfer.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 4
},
{
"number": "6",
"title": "6. Power to levy and collect Reclassification Premium.",
"chapter": null,
"content": "(i) every owner of agricultural land specified under both subsection (1) and (2) of section 4 shall pay a Reclassification Premium at the rate of 10% of the prevailing minimum zonal value in respect of the said agricultural land in that area in respect of reclassification or at the rate of 15% of the prevailing minimum zonal value for the said agricultural land in that area in respect of reclassification-cum-transfer, before issue of the No objection Certificate (NOC) by the Deputy Commissioner, under sub-section (7) of section 5:\n(ii) For the purposes of this section, the minimum zonal value of the land shall be fixed in such manner as may be prescribed.",
"footnote": "",
"is_definition": false,
"sort_order": 5
},
{
"number": "7",
"title": "7. Authority Competent to reclassify and reclassify-cum-Transfer.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 6
},
{
"number": "8",
"title": "8. Penalty.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 7
},
{
"number": "9",
"title": "9. Provision relating to agricultural land already putto non-agricultural use.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 8
},
{
"number": "10",
"title": "10. Mandatory establishment of the approved non-agricultural activity within three years.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 9
},
{
"number": "11",
"title": "11. Restriction on change of approved non-agricultural activity.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 10
},
{
"number": "12",
"title": "12. Restriction on transfer of land approved for establishing non-agricultural activity.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 11
},
{
"number": "13",
"title": "13. High Power Committee.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 12
},
{
"number": "14",
"title": "14. Furnishing of timely report by the Deputy Commissioner.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 13
},
{
"number": "15",
"title": "15. Power of the state Government.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 14
},
{
"number": "16",
"title": "16. Act not to apply to certain lands.",
"chapter": null,
"content": "(a) lands falling within the jurisdiction of the Municipal Corporations and the notified Municipal Boards or Town committees under the Assam Municipal Act, 1956; XN\n(b) lands owned or held by the State Government or the Central government or their Agencies including Corporations so long as the land is used for official purposes and not used or transferred for commercial purposes;\n(c) lands owned or held by a local authority and used for any community purposes so long as the land is not used or transferred for commercial purposes;\n(d) lands under Tea cultivation in the state;\n(e) lands used for religious or charitable purposes and other public utilities or amenities as defined under the Act;\n(f) lands used for Aquaculture and Animal Husbandry including Poultry and Duckery ;\n(g) land used for construction of dwelling house to the extent exempted under this Act;\n(h) lands of an Industrial Zone notified under Section-3 A of the Assam Land Revenue Reassessment Act, 1936 ; (Assam Act VIII of 1936)\n(i) lands used for such other purposes as may be notified by the Government from time to time.",
"footnote": "",
"is_definition": false,
"sort_order": 15
},
{
"number": "17",
"title": "17. Appeal.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 16
},
{
"number": "18",
"title": "18. Act to override other laws.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 17
},
{
"number": "19",
"title": "19. Power to give directions.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 18
},
{
"number": "20",
"title": "20. Bar of jurisdiction.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 19
},
{
"number": "21",
"title": "21. Protection of action taken in good faith.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 20
},
{
"number": "22",
"title": "22. Power to remove difficulties.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 21
},
{
"number": "23",
"title": "23. Power to make rules.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 22
}
],
"metadata": {
"Act ID": "Last Updated 13th February, 2020 [ass343]",
"Act Number": "(Assam Act No. 26 of 2015)",
"Enactment Date": "",
"Act Year": "2015",
"Short Title": "Assam Agricultural Land (Regulation of Reclassification and Transfer for Non-Agricultural Purpose) Act, 2015",
"Type": "STATE",
"Location": "Assam"
},
"updated_at": "2026-09-29 21:55:18"
}