The Assam Fixation of Ceiling on Land Holdings Act, 1956

{
    "id": 14008,
    "slug": "the-assam-fixation-of-ceiling-on-land-holdings-act-1956",
    "title": "The Assam Fixation of Ceiling on Land Holdings Act, 1956",
    "short_title": "The Assam Fixation of Ceiling on Land Holdings Act, 1956",
    "act_number": "",
    "act_year": 1956,
    "act_type": "STATE",
    "location": "Assam",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Assam Fixation of Ceiling on Land Holdings Act, 1956",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title, extent and commencements.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Exceptions.",
            "chapter": null,
            "content": "(1) lands held by the State Government or by the Union Government or by any Local Authority, or by any Agricultural Farming Corporation constituted under the Assam Agricultural Farming Corporation Act, 1973 ;\n(2-a) lands held and utilised for special cultivation of tea and purposes ancillary thereto;\n(2-b) lands held by a mill, factory, workshop, as the case may be, for the purposes of the expansion of the mill, factory or workshop, or for ancillary purposes of the mill, factory, workshop, such as setting up of schools dispensaries and roads but not for any other purposes;\n(2-c) lands held by a Co-operative Farming Society for cultivation of sugarcane, only for the purpose of feeding a Co-operative Sugar factory :\n(3) land vesting in Gram Sab ha under the Assam Gramdan Act, 1961.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Definitions.",
            "chapter": null,
            "content": "(a) \"agriculture\" includes horticulture, arboriculture, pisciculture, piggery, animal, husbandry, poultry and other allied pursuits ;\n(b) the words \"annual lease\" has the meaning assigned to it in the Settlement Rules framed under the Assam Land and Revenue Regulations, 1886 ;\n(c) \"Collector\" means the Deputy Commissioner or any other officer authorised by the State Government to perform the function of a Collector under this Act;\n(d) \"family\" means a family consisting of any one or more or all of the following, namely :\n(1) husband, (2) wife, (3) minor children, and also includes a joint family.\n(e) [ Deleted ],\n(f) \"land\" means land which is or may be utilised for agricultural purpose or purposes subservient thereto, and includes land which is or may be utilised for quarrying stones ;\n(g) the word \"land-holder\" has the meaning assigned to the Assam Land and Revenue Regulations, 1886 ;\n(h) \"landlord\" means a person immediately under whom a tenant holds land out but does not include the Government;\n(i) \"owner\" includes proprietor,land-holder or settlement holder as defined in Section 3 of the Assam Land and Revenue Regulations 1886 but does not include Government;\n(j) \"person\" includes an individual, a family, a joint family, a trustee, a company, a body corporate, a partnership firm, a society or an association of individuals whether incorporated or not;\n(k) \"personal cultivation\" means cultivation-\n(i) by the person himself, or\n(ii) by any member of his family, or\n(iii) by servants or hired labourers on fixed remuneration payable in cash or in kind but not in crop share, under personal supervision of the person himself or any member of his family :\n(l) \"prescribed\" means prescribed by rules made under this Act;\n(m) the expression \"public purpose\" include a purpose connected with settlement of land with actual cultivator or co- operative farming society;\n(n) \"rent\" means whatever is fully payable in money or in kind on account of the use and occupation of the land;\n(o) \"tenant\" means a person who holds land under another person and is or but for a special contract would be liable to pay rent for that land to that other person, and includes a person who cultivates the land of another person on condition of delivering a share of the produce.\nChapter II\nCeiling on Existing Holding and Acquisition of Excess Land",
            "footnote": "",
            "is_definition": true,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Ceiling on existing land.",
            "chapter": null,
            "content": "(i) land used for factory buildings ;\n(ii) land used for staff building including labour line ;\n(iii) land used for roads, bridges and drains within the tea estate ;\n(iv)land used for nurseries including shade trees ;\n(v) land used for hospitals, dispensaries, creches, recreation centres and playgrounds ;\n(vi) land used for religious institution, burial or cremation grounds ;\n(vii) land used for any other building built by management as a statutory requirement under any law for the time being in force ;\n(viii) land used for seed bari;\n(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 7-½ per cent of the planted area ;\n(x) lands lying within the boundaries of the actual planted areas excluding tenanted khet lands ;\n(xi) land used bamboos baris but not exceeding 50 bighas.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Submission of returns by person holding lands in excess of ceiling.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Collection of information through other agency.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Submission of statement to Government.",
            "chapter": null,
            "content": "8.\n9.\n10.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "11",
            "title": "11. Taking possession.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "11A",
            "title": "11A. Taking possession in advance.",
            "chapter": null,
            "content": "(1) when it appears from a return submitted by a person under Section 5 or Section 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 ;\n(2) when it appears from a return submitted by a person under Section 5 or Section 22, that the particulars shown therein are not correct and the Collector finds from information received by him that there are land in excess of the ceiling limit, the Collector may, 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;\n(3) when no return has been submitted under this Act by any person in respect of his lands by the Collector finds from information received by him that the person holds lands in excess of the ceiling limit, 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;\n(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 applicable to the person concerned, he shall, by an order in writing, take possession of such excess land ;\n(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 management of land in question ;\n(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 ;\n(7) where the excess land of any person determined finally under Section 7 is found to be less than the land of that person which the Collector has taken possession under this section, the land which is in excess of the area so determined shall be returned by the Collector.\n12.\n(a) (1) Where the person from whom the excess land has been acquired held it as the owner thereof, the compensation (inclusive of the value of any tenancy right) shall be-\n(i) in case of fallow land, an amount equal to 25 times the full rate of annual land revenue payable for such land; and\n(ii) in case of other land, inclusive of the value of tress, an amount equal to 50 times such annual land revenue :\n(i) if he is an occupancy tenant, 10 times the full rate of annual land revenue payable for the land when the. land is fallow, and 35 times such annual land revenue in all other cases ;\n(ii) if he is not an occupancy tenant, 5 times such annual land revenue payable for the land, when the land is fallow, and 30 times such annual land revenue in all other cases.\n(b) Where there is any building or structure or crop on the land, the owner thereof shall be given the option of removing it within the prescribed period and if the fails to do so within the said period, it shall be sold in public auction, and the sale proceeds, after deduction of the cost of auction, if any, shall be paid to him.\n(c) For any improvement made on the land, an additional amount not exceeding twice the amount of compensation payable under Clause (a) above for the land benefited by such improvement shall be payable to the owner or the tenant, as the case may be, at whose expense the improvement was made. In determining this amount, the following factors shall be taken into consideration namely :\n(i) enhancement of the value of the land due to tire improvement ;\n(ii) probable duration of the effects of the improvement; and\n(iii) labour and capital spent on the improvement.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "13",
            "title": "13. The manner of payment of compensation.",
            "chapter": null,
            "content": "(b) (i) Where the land acquired is subject to a mortgage or charge the creditor shall be paid out of the compensation money to the extent of the claim proved before the Collector or any other officer empowered in this behalf :\n(ii) The creditors whose debts are secured by mortgage Or charge on the land acquired shall, within 60 days from the date of notification under Section 8, prefer claim in writing before the Collector who shall thereupon proceed with and dispose of the claim.\n(iii) In case of dispute as to the person or persons who are entitled to be paid out of the compensation money, the amount shall be kept in deposit in a Government Treasury and the dispute shall be referred to the Civil Court of competent jurisdiction and the amount shall then be paid in terms of the final decision of the Court.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "14",
            "title": "14. Ad interim payment of compensation.",
            "chapter": null,
            "content": "Chapter III\nDisposal of Excess Land",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "15",
            "title": "15. Disposal of excess land.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "16",
            "title": "16. The manner of disposal of excess land.",
            "chapter": null,
            "content": "(a) that the area of land so settled, together with any other land held by him or any member of his family either as tenant or as owner shall not exceed in the aggregate the limit fixed under Section 4 of this Act ; and\n(b) that he shall pay to the State Government in one or more equal annual instalments not exceeding five, an amount fixed by it, but not exceeding the compensation payable by the State Government for acquisition thereof:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "16",
            "title": "17. Manner of disposal of land which is not settled under Section 16.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "18",
            "title": "18. Tenant who does not agree to take settlement.",
            "chapter": null,
            "content": "Chapter IV\nExcess Land Under Annual Lease",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "19",
            "title": "19. Taking over of excess land which is under annual lease.",
            "chapter": null,
            "content": "Chapter V\nCeiling On Future Acquisition",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "20",
            "title": "20. Ceiling on future acquisition by transfer, etc.",
            "chapter": null,
            "content": "(i) inheritance; and\n(ii) bequest or gift to an heir.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "20",
            "title": "21. Penalty for contravention of Section 20.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "22",
            "title": "22. Ceiling on future acquisition by inheritance.",
            "chapter": null,
            "content": "Chapter VI\nCeiling for Resumption of Land From Tenants for Personal Cultivation by the Landlord",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "23",
            "title": "23. Ceiling for resumption of land from tenants for personal cultivation by the landlord.",
            "chapter": null,
            "content": "(a) if the aggregate area of lands in actual occupation of a tenant does not exceed 10 bighas, then he shall not be ejected therefrom until he has been provided with land of equivalent value in the locality ;\n(b) if the aggregate area of lands in actual occupation of a tenant exceeds 10 bighas, then the tenant shall not be ejected from a minimum area of 10 bighas as selected by him (tenant), until he has been provided with land of equivalent value in the locality, but the landlord shall be entitled to resume for personal cultivation any area in excess of these 10 bighas. In no case, however, taken together, along with any other land already held under personal cultivation by the landlord or any member of his family on the date of resumption, shall exceed an overall limit of 50 bighas ;\n(c) the right of resumption shall be exercisable by only those landlords whose income by cultivation of land is the principal source of income for their maintenance:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "24",
            "title": "24. No ejection after the expiry of 5 years.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "25",
            "title": "25. Restoration of possession to tenants in certain circumstances.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "26",
            "title": "26. Ejected tenant to receive compensation for improvement done by him.",
            "chapter": null,
            "content": "(a) the enhancement of the value of the land due to the improvement,\n(b) probable duration of the effect of the improvement,\n(c) labour and capital spent by the tenant by the landlord in consideration of the improvement.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "27",
            "title": "27. Landlord to select the area for resumption and tenants of lands not selected for resumption for personal cultivation not liable to ejection.",
            "chapter": null,
            "content": "(a) that he has done any act which is destructive or permanently injurious to the land failed to repair the damage within 90 days of service of notice given by the landlord ; or\n(b) that he has failed to pay the rent lawfully due to the landlord within 90 days of its becoming due ; or\n(c) that he has kept the land fallow for two consecutive years without any reasonable ground.\nChapter VII\nEstablishment of Land Reforms Board",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "28",
            "title": "28. Notification for establishment of Land Reforms Board.",
            "chapter": null,
            "content": "(a) two non-official members nominated by the State Government,\n(b) three officers of the State Government, namely :\n(i) the Commissioner of Plains Division,\n(ii) the Secretary to the Government of Assam in the Revenue Department;\n(iii) the Land Reforms Officer who shall also be the Secretary to the Board,\n(c) a Chairman nominated by the Government.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "29",
            "title": "29. Functions of the Board.",
            "chapter": null,
            "content": "(1) to advise the State Government in-\n(a) carrying out the provisions of this Act,\n(b) formulating policies in matters relating to land reforms,\n(c) formulating schemes of co-operative settlement of land and of co-operative farming societies,\n(2) to evaluate from time to time the progress and effect of land reforms, and\n(3) to perform such other functions as may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "30",
            "title": "30. Rules of procedure.",
            "chapter": null,
            "content": "Chapter VIII\nMiscellaneous",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "31",
            "title": "31. Appeals.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "32",
            "title": "32. Bar to jurisdiction.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "33",
            "title": "33. Collector may enforce order.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "34",
            "title": "34. Penal ties.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "35",
            "title": "35. Protection of action taken in good faith.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "36",
            "title": "36. Delegation of powers.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "37",
            "title": "37. Power to order production of documents, etc.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 33
        },
        {
            "number": "38",
            "title": "38. Officer holding enquiries to have powers of Civil Courts for enforcing attendance, etc.",
            "chapter": null,
            "content": "(a) enforcing attendance of any person and his examination on oath,\n(b) compelling production of documents, and\n(c) issue of commission.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 34
        },
        {
            "number": "39",
            "title": "39. Mode of recovery of any amount under the Act.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 35
        },
        {
            "number": "40",
            "title": "40. Power to make rules.",
            "chapter": null,
            "content": "(a) the manner in which any notice or order under this Act may be served or published ;\n(b) the manner in which the Collector shall exercise any of the powers under this Act ;\n(c) the procedure and fees regarding appeal, revision or any other petition under this Act;\n(d) the period within which and the form in which the return has to be submitted under Section 5 ;\n(e) the agency through which the information is to be collected under Section 6;\n(f) the manner in which a copy of the draft statement shall be served on the person or persons concerned under sub-section (2) of Section 7 ;\n(g) [ Deleted ] ;\n(h) the period within which the tenant shall exercise option under Section 16 for settlement of land with him ;\n(i) the period within which the owner shall remove building, structure or crop under Section 12 or 19;\n(j) the period within which the return should be submitted under Section 22.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 36
        }
    ],
    "metadata": {
        "Act ID": "Last Updated 12th February, 2020 [ass253]",
        "Act Number": "",
        "Enactment Date": "",
        "Act Year": "1956",
        "Short Title": "The Assam Fixation of Ceiling on Land Holdings Act, 1956",
        "Type": "STATE",
        "Location": "Assam"
    },
    "updated_at": "2026-09-29 21:55:18"
}