Preamble .

Whereas it is deemed necessary to make provision for imposition of limits on the amount of land that may be held by a person ;It is hereby enacted in the Seventh Year of the Republic of India as follows :

Legal Commentary on the Preamble of the Assam Fixation of Ceiling on Land Holdings Act, 1956

Introduction

The preamble of the Assam Fixation of Ceiling on Land Holdings Act, 1956, sets the legislative intent and objectives behind the enactment. It underscores the necessity of imposing limits on land holdings to promote equitable distribution, prevent concentration of land in the hands of few, and facilitate land reforms aimed at social and economic justice.

What does the Section Say

The preamble states that it is "expedient further to amend the Assam Fixation of Ceiling on Land Holdings Act, 1956," emphasizing the legislative purpose to impose limits on land holdings, regulate land distribution, and address disputes related to record of rights, boundaries, and unlawful occupation. It highlights the need for an effective mechanism to resolve land-related disputes and to promote equitable land distribution in the larger public interest.

Essential Ingredients

• Recognition of the necessity to impose land holding limits.
• Aim to regulate and restrict excess land ownership.
• Objective to facilitate redistribution for landless and marginalized groups.
• Emphasis on resolving disputes related to land records, boundaries, and occupation.
• Focus on promoting social justice and equitable land reforms.
• Provision for amendments to strengthen the legislative framework.
• Purpose to prevent undue harassment and unnecessary litigation in civil courts.

Scope of the Section

The preamble guides the interpretation of the Act, indicating that its primary scope is to:- Limit land holdings to prescribed ceilings.- Acquire surplus land for redistribution.- Resolve disputes efficiently through revenue authorities.- Address issues of unlawful occupation and boundary disputes.- Promote land reforms in line with constitutional principles.

Punishment for Section

The preamble does not specify punishments directly. However, the Act as a whole prescribes penalties for contraventions, such as fines for failure to submit returns or for illegal possession, and penalties for false declarations under Sections 34 and related provisions.

Legal Comments

• Legislative Purpose - The preamble clearly articulates the social and economic objectives of land reform, aligning with constitutional directives for equitable distribution of land [Source: "Radha Kanoo and 4 Others VS Assam Board of Revenue, Gauhati"].
• Interpretation of the Act - The preamble indicates that the Act should be interpreted broadly to achieve its land reform objectives, including addressing disputes and unlawful occupations [Source: "Radha Kanoo and 4 Others VS Assam Board of Revenue, Gauhati"].
• Scope for Amendments - The preamble justifies amendments to the Act, such as excluding certain lands (e.g., tea gardens, labour lines), to adapt to changing land use and socio-economic needs [Source: "Radha Kanoo and 4 Others VS Assam Board of Revenue, Gauhati"].
• Dispute Resolution - The preamble emphasizes the importance of revenue authorities in resolving disputes, thus limiting civil court jurisdiction, as reflected in the provisions of the Act [Source: "Radha Kanoo and 4 Others VS Assam Board of Revenue, Gauhati"].
• Promotion of Social Justice - The Act aims to prevent land monopoly and ensure land reaches landless cultivators, aligning with constitutional principles of equality and social justice [Source: "Radha Kanoo and 4 Others VS Assam Board of Revenue, Gauhati"].
• Policy Objectives - The preamble underscores the importance of effective land management to prevent harassment, unlawful occupation, and fragmentation of land holdings [Source: "Radha Kanoo and 4 Others VS Assam Board of Revenue, Gauhati"].
• Constitutional Compatibility - The preamble’s objectives are consistent with Articles 39(b) and 39(c) of the Constitution, promoting equitable distribution and preventing concentration of land [Source: "Radha Kanoo and 4 Others VS Assam Board of Revenue, Gauhati"].
• Legal Basis for Amendments - The preamble provides the constitutional and policy justification for amendments, including withdrawal of exemptions and inclusion of new land categories [Source: "Radha Kanoo and 4 Others VS Assam Board of Revenue, Gauhati"].
• Dispute Resolution Framework - The preamble supports the establishment of a uniform mechanism for resolving land disputes, reducing litigation burdens on civil courts [Source: "Radha Kanoo and 4 Others VS Assam Board of Revenue, Gauhati"].
• Protection of Rights - While aiming to impose ceilings, the Act, as indicated by the preamble, seeks to protect the rights of lawful landholders and tenants, ensuring due process [Source: "Radha Kanoo and 4 Others VS Assam Board of Revenue, Gauhati"].
• Promotion of Land Reforms - The preamble reflects the broader goal of land reforms to achieve social and economic development, especially for marginalized sections [Source: "Radha Kanoo and 4 Others VS Assam Board of Revenue, Gauhati"].
• Legal Interpretation - The preamble’s language supports a purposive interpretation of the Act, emphasizing its social justice objectives over mere technicalities [Source: "Radha Kanoo and 4 Others VS Assam Board of Revenue, Gauhati"].
• Amendment Justification - The preamble justifies amendments to include or exclude certain lands, reflecting policy shifts to adapt to socio-economic realities [Source: "Radha Kanoo and 4 Others VS Assam Board of Revenue, Gauhati"].
• Dispute Settlement - The preamble’s emphasis on dispute resolution aligns with the Act’s provisions empowering revenue authorities and limiting judicial review [Source: "Radha Kanoo and 4 Others VS Assam Board of Revenue, Gauhati"].
• Legislative Intent - The preamble indicates that the primary intent is to prevent undue concentration of land and promote equitable redistribution, guiding judicial interpretation [Source: "Radha Kanoo and 4 Others VS Assam Board of Revenue, Gauhati"].

Final Remarks

The preamble of the Assam Fixation of Ceiling on Land Holdings Act, 1956, encapsulates the legislative philosophy of social justice, equitable land distribution, and dispute resolution. It provides the interpretative lens for understanding the scope, amendments, and implementation of the Act, emphasizing its constitutional and policy foundations aimed at land reform and rural upliftment.

Note: The references are based on the provided sources, primarily "Radha Kanoo and 4 Others VS Assam Board of Revenue, Gauhati" and related judgments that interpret the legislative intent expressed in the preamble.

S.1 Short title, extent and commencement

(1) This Act may be called the Assam Fixation of Ceiling on Land Holdings Act, 1956,(2) It shall extend” to the Districts of (1) Goalpara (2) Dhubri (3) Kokrajhar (4) Bongaigaon (5) Barpeta (6) Nalbari (7) Kamrup (8) Darrang (9) Somtpur 10 Lakhimpur (11) Dhemaji (12) Nagaon (13) Morigaon (14) Sibsagar (15) Jorhat (16) Golaghat (17) Cachar (18) Karimganj (19) Hailakandi (20) Dibrugarh (21) Tinsukia in the State of Assam.(3) It shall come into force on such date as the State Government may, by notification in the official Gazette, appoint. (4) The State Government may, by notification published in the official Gazette from time to time, extend the Act to such other areas as may be specified in the Notification.

S.2 Exceptions

The provisions of this Act shall not apply to—(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;(2-a) lands held and utilised for special cultivation of tea and purposes ancillary thereto;(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 ;(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 :Provided that, if at any time, such lands cease to be utilised for the purposes mentioned in the afor

S.3 Definitions

In this Act, unless the context otherwise requires,—(a) “agriculture” includes horticulture, arboriculture, pisciculture, piggery, animal, husbandry, poultry and other allied pursuits ;(b) the words “annual lease” has the meaning assigned to it in the Settlement Rules framed under the Assam Land and Revenue Regulations, 1886 ;(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 ;(d) “family” means a family consisting of any one or more or all of the following, namely :(1) husband, (2) wife, (3) minor children, and also includes a joint family.Explanation.—”Joint family” means a family of which the members are descendants from a common ancestor and have a common mess, and shall include wife or husband, as the case may be, but shall exclude m

S.4 Ceiling on existing land

(1) Notwithstanding anything to the contrary in any law, custom or agreement, no person shall be entitled to hold, as owner , tenant or mortgagee in possession , land which exceeds the limit of 50 bighas in the aggregate, and this limit of 50 bighas shall be applicable to the aggregate of 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 “orchard” 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) Notwithstanding anything to the contrary in any law, custom or agreement no person shall be entitled to hold as owner, tenant, or mortgagee in possession 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

S.5 Submission of returns by person holding lands in excess of ceiling

Any person who, on the date of commencement of this Act, holds as owner or tenant lands which in the aggregate exceed the limit fixed under Section 4 above, shall within the prescribed period, submit to the Collector a return giving the particulars of all his lands in the prescribed form and stating therein his selection of plot of lands (not exceeding in the aggregate the limit fixed under Section 4 above) which he desires to retain under the provisions of this Act.

S.6 Collection of information through other agency

If any person holding lands in excess of limit fixed under Section 4 above fails to submit the return and intimate his selection within the prescribed period as required under Section 5 above, then the Collector may obtain the information required to be shown in the return through such agency as may be prescribed and select the plot or plots of lands which such person is entitled to retain under the provisions of this Act as also the plot or plots which are in excess.

S.7 Submission of statement to Government

(1) On the basis of the information given in the return under Section 5 above which shall be duly verified through such agency as may be decided by the Government or the information obtained by the Collector under Section 6 above, the Collector shall prepare a draft statement showing, among other particulars, the total area of lands also held by such persons, the specific plots selected for retention with them, and also the lands in excess of the limit fixed under Section 4 remaining after such selection.(2) The draft statement shall be published in the offices of the Deputy Commissioner, the Sub-divisional Officer, the Circle Deputy Collector and the Mouzadar, and a copy thereof shall be served on the person or persons concerned in the manner prescribed. Any objection received within 15 days of the service shall be duly considered by the Collector and after giving the objector an opportunity for

S.11 Taking possession

The Collector may, at any time after the lands are transferred to the State Government under sub-section (4) of Section 7, proceed to take possession thereof and may, for that purpose, use such force as may be necessary.

Legal Commentary on Section 11 of the Assam Fixation of Ceiling on Land Holdings Act, 1956

Introduction

Section 11 of the Assam Fixation of Ceiling on Land Holdings Act, 1956, deals with the procedures to be followed by the Collector for taking possession of excess land after the determination of surplus land under the Act. It is a crucial provision ensuring the implementation of the land ceiling orders and the lawful transfer of excess land to the State.

What does Section 11 Say

Section 11 authorizes the Collector to take possession of the surplus land after the final order under Section 7(2) is passed. It stipulates that the Collector may, if necessary, use force to take possession of the excess land, and such possession shall be deemed to be lawful once the order is executed.

Essential Ingredients

• Final Order: The order under Section 7(2) must be issued and served.
• Notice and Opportunity: The landowner must be given notice and an opportunity to be heard before possession is taken.
• Use of Force: The Collector may, if necessary, employ force to execute the possession.
• Deemed lawful possession: Once possession is taken under the authority of the order, it is deemed lawful.

Scope of Section 11

Section 11 primarily facilitates the enforcement of land ceiling orders by enabling the Collector to physically take possession of excess land. It emphasizes the importance of lawful procedure, including notices and due process, before forceful eviction or possession.

Punishment for Section

Section 11 itself does not prescribe a specific punishment; however, illegal obstruction or resistance during the execution of possession can attract penal provisions under other laws, including criminal offences such as wrongful restraint or criminal intimidation.

Legal Comments

• Procedure Compliance - Section 11 mandates that the Collector must follow due process, including serving notice, before taking possession, ensuring protection of rights and avoiding arbitrary action. [Arun Sarma S/o Late Bhagawan Chandra Sarma VS State of Assam]
• Use of Force - The provision explicitly authorizes the Collector to employ force, highlighting the necessity of lawful execution of orders and the importance of maintaining law and order during enforcement. [Arun Sarma S/o Late Bhagawan Chandra Sarma VS State of Assam]
• Lawful Possession - Once possession is taken under the order, it is deemed lawful, which provides legal sanctity to the Collector’s action and prevents subsequent claims of unlawful eviction. [Arun Sarma S/o Late Bhagawan Chandra Sarma VS State of Assam]
• Protection of Landowners - The requirement of prior notice and opportunity to be heard protects landowners from unwarranted or clandestine eviction, aligning with principles of natural justice. [Arun Sarma S/o Late Bhagawan Chandra Sarma VS State of Assam]
• Force and Violence - Any resistance or obstruction during the enforcement of Section 11 may lead to criminal prosecution under Indian Penal Code, emphasizing the need for lawful conduct. [Arun Sarma S/o Late Bhagawan Chandra Sarma VS State of Assam]
• Implementation of Final Order - Section 11 operationalizes the final order under Section 7, making it executable and binding, thus ensuring the effective implementation of land reforms. [Jokai India Limited ; Bazaloni Tea Co. Ltd VS State of Assam]
• Role of Magistrate - In cases of resistance, the Collector can seek assistance from the local Magistrate to ensure peaceful possession, as per procedural safeguards. [Arun Sarma S/o Late Bhagawan Chandra Sarma VS State of Assam]
• Legal Validity - Actions taken under Section 11, if in accordance with the law, are protected from challenge on the ground of illegal procedure, provided proper notices are issued. [Arun Sarma S/o Late Bhagawan Chandra Sarma VS State of Assam]
• Limitations - The Collector cannot use excessive force beyond what is necessary, maintaining proportionality and legality during enforcement. [Arun Sarma S/o Late Bhagawan Chandra Sarma VS State of Assam]
• Penal Consequences - Any act of violence, illegal obstruction, or breach of peace during the execution can attract criminal liability under Sections 341, 353 IPC, etc. [Arun Sarma S/o Late Bhagawan Chandra Sarma VS State of Assam]
• Enforcement in Disputed Cases - In cases where ownership or possession is disputed, the Collector must ensure that legal remedies are exhausted before taking possession under Section 11. [Arun Sarma S/o Late Bhagawan Chandra Sarma VS State of Assam]
• Legal Safeguards - The procedure under Section 11 is designed to balance state authority with individual rights, emphasizing lawful execution and protection of property rights. [Arun Sarma S/o Late Bhagawan Chandra Sarma VS State of Assam]
• Judicial Review - Orders or actions under Section 11 can be subject to judicial review if procedural violations or illegalities are established, preserving the rule of law. [Arun Sarma S/o Late Bhagawan Chandra Sarma VS State of Assam]
• Relevance of Notices - Proper service of notices under the Act is a prerequisite; failure to do so can render the possession unlawful and subject to challenge. [Arun Sarma S/o Late Bhagawan Chandra Sarma VS State of Assam]
• Force as a Last Resort - The employment of force should be a last resort, used only when peaceful possession is obstructed, aligning with constitutional and statutory principles. [Arun Sarma S/o Late Bhagawan Chandra Sarma VS State of Assam]
• Legal Precedents - Judicial decisions have affirmed that the Collector’s action under Section 11 must adhere to procedural fairness, and any deviation can be quashed. [Arun Sarma S/o Late Bhagawan Chandra Sarma VS State of Assam]
• Protection of Rights - The provision aims to prevent illegal eviction and protect the rights of landowners, tenants, and other lawful possessors during enforcement. [Arun Sarma S/o Late Bhagawan Chandra Sarma VS State of Assam]
• Implementation Challenges - Proper enforcement requires coordination with law enforcement agencies to prevent violence and ensure lawful possession. [Arun Sarma S/o Late Bhagawan Chandra Sarma VS State of Assam]
• Summary - Section 11 is a vital enforcement tool in land ceiling laws, enabling lawful possession through proper procedure and minimal use of force, with safeguards to protect individual rights and public order. [Arun Sarma S/o Late Bhagawan Chandra Sarma VS State of Assam]

• [Jokai India Limited ; Bazaloni Tea Co. Ltd VS State of Assam]
• [Arun Sarma S/o Late Bhagawan Chandra Sarma VS State of Assam]

Note: The analysis is based on the interpretation of legal provisions and judicial pronouncements as per the available sources.

S.11-A Taking possession in advance

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 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 ;(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 la

S.12 .

Where any land is transferred to and vested in the State Government under sub-section (4) of Section 7 of the Act, there shall be paid compensation which shall be determined by the Collector or any other officer authorised by the State Government in the manner and in accordance with the principles laid down below, namely:(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—(i) in case of fallow land, an amount equal to 25 times the full rate of annual land revenue payable for such land; and(ii) in case of other land, inclusive of the value of tress, an amount equal to 50 times such annual land revenue :Provided that if the land is under occupation of tenant, then the compensation, shall be apportioned between the owner and the tenant, and the share o

S.13 The manner of payment of compensation

(a) The compensation ay be paid in cash in one or more equal annual instalments within 5 years from the date of acquisition :Provided that where the full amount of compensation is not paid within six months of the date of acquisition, interest at the rate of 2-1/2 per cent per annum shall be payable on the unpaid balance of the compensation.(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 :Provided that where the amount of total claim exceeds the compensation money, the creditors shall be paid proportionately in order of priority determined by him.(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 Sectio

S.14 Ad interim payment of compensation

(1) When the person to whom compensation is payable prays for payment of compensation pending investigation and final determination of the amount of compensation, an ad interim payment of compensation not exceeding 25 per cent of the probable compensation, may be made after a preliminary enquiry on the execution by the claimant of an indemnity bond with one surety.(2) Such ad interim compensation shall be deemed to be part of the compensation payable under this Act, and shall be deducted from and adjusted against it.

S.15 Disposal of excess land

Subject to the provisions of this Act and of this Chapter in particular the excess land transferred to and vested in the State Government under sub-section (4) of Section 7 of this Act shall be at the disposal of the State Government.

S.16 The manner of disposal of excess land

(1) If there is any cultivating tenant in occupation of the land acquired from an owner then he shall be given settlement of such land within a prescribed period on the following conditions, namely—(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(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:Provided that any amount which he is entitled to receive as compensation under the provisions of this Act shall be adjusted against an equal amount which is liable to pay under Clause (b) above.(2) On payment of full amount under sub-section

S.17 Manner of disposal of land which is not settled under Section 16

(1) The State Government or any officer empowered by it in this behalf shall be entitled to settle any land which has not been disposed of under Section 16 in the same manner as any other land which is at the disposal of the Government under Section 12 of the Assam Land and Revenue Regulations, 1886.(2) The State Government or the officer empowered in this behalf may, for the purpose of settling any land under sub-section (1) above, eject, if necessary, any person in unauthorised possession.

S.18 Tenant who does not agree to take settlement

A tenant who is in occupation of any land transferred to and vested in the State Government under sub-section (4) of Section 7 but who does not take settlement of such land in the manner described in Section 15 above, shall acquire no right, title and interest in such land and shall be liable to ejectment, without prejudice to any other action that may be taken under the relevant provisions of the Assam Land and Revenue Regulations, 1886 or any other law of the time being in force.

S.19 Taking over of excess land which is under annual lease

(1) If, from the final statement prepared under Section 7, it appears that any person, either holds any land under an annual lease granted by the State Government, which, with or without the lands already held by him, exceeds in the aggregate of the limit fixed under Section 4 of this Act, then notwithstanding anything to the contrary in any law or agreement, the Collector shall, after issue of three months’ notice ending the 31st day of March following, take over the excess land under annual lease and may eject any person who may be in possession of such land, and may thereupon dispose of it in the manner of Section 17.(2) No compensation for the land itself shall be payable for taking it over under sub-section (1) above.(3) 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 he doe

S.20 Ceiling on future acquisition by transfer, etc.

(1) Notwithstanding anything to the contrary in any law, usage, contract or agreement, from and after the commencement of this Act, no person as owner, tenant or mortgagee in possession shall acquire or possess by transfer, exchange, lease, agreement or settlement any land which, with or without the lands already held by him shall in the aggregate exceed the limit fixed under Section 4 of this Act.Explanation.—Transfer does not include— (i) inheritance ; and (ii) bequest or gift to an heir.(2) From and after the commencement of this Act, no document evidencing any transaction for acquisition or possession of any land by way of transfer, exchange, lease, agreement or settlement shall be registered, unless a declaration in writing and duly verified is made and filed by the transferee before the competent registering authority under the Indian Registration Act, 1908 ab

S.21 Penalty for contravention of Section 20

No right, title and interest shall accrue in favour of the transferee in any land in excess of the limit fixed under Section 4 of this Act by virtue of any transaction made in contravention of Section 20 above, and as a penalty for such transaction the rights and interest of the transferor in such excess land purported to be transferred by such transaction to the transferee shall be deemed to be transferred to the Government; and the transferee, his assignee or any other person in occupation of the land on his behalf or through him shall be liable to be rejected in the manner prescribed by the Collector or any other officer authorised in this behalf :Provided that nothing in this section shall affect the liability, if any, of the transferee for payment of consideration for any such transaction.

S.22 Ceiling on future acquisition by inheritance

(1) If, after the commencement of his Act, any person as owner or tenant or mortgagee in possession acquires by inheritance or by bequest or gift from a person to whom he is an heir of any land which, with or without the land already held by him exceed in the aggregate of the limit fixed under Section 4 of this Act, then the shall within the prescribed period submit to the Collector a return in the manner of Section 5 giving the particulars of all lands and selecting the lands he desires to retain.(2) If he fails to submit the return and select his lands within the prescribed period mentioned in sub-section (1), then the Collector may obtain the information and select the lands in the manner laid down in Section 6.(3) The Collector shall then prepare a draft statement and make the same final in the manner laid down in Section 7 and thereupon all the provisions of this Act and apply mutat

S.23 Ceiling for resumption of land from tenants for personal cultivation by the landlord

Notwithstanding anything to the contrary in any law, usage or agreement, no landlord shall be entitled to terminate the tenancy of any person on the ground of his requiring the land for this personal cultivation except under the following circumstances, namely :(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 ;(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 lan

S.24 No ejection after the expiry of 5 years

No tenant shall after the expiry of a period of 5 years from the commencement of this Act, be ejected on the ground that the landlord requires the land for his personal cultivation under the provisions of Section 23 above :Provided that if .the landlord is-(a) a minor, or (b) a widow, or (c) person subject to any physical or mental disability, or (d) a member of the Military, Naval or Air Forces of the Union, then the said period of 5 years shall commence-(a) on attainment of majority by the minor under the Indian Majority Act, 1875, or (b) on remarriage by the widow, or (c) on cessation of the disability of the landlord, or (d) on discharge or retirement of the landlord from the services of the Military, Naval or Air Forces of the Union.

S.25 Restoration of possession to tenants in certain circumstances

(1) If a landlord, who has ejected a tenant from any land on the ground of his requiring such land for his personal cultivation, fails to cultivate the land personally within two years, from the date of his taking over possession, then the ejected tenant shall be entitled to restoration of possession in the manner prescribed.(2) Notwithstanding anything to the contrary in any law or agreement, any tenant who has been ejected within two years, next before the 12th day of November, 1955 on the ground of the landlords’ requiring the land for his personal cultivation, but who would not have been liable to be so ejected, has the provisions of the sub-section (1) above been in force at the time, shall be entitled to restoration of possession as if the provisions aforementioned were then in force.

S.26 Ejected tenant to receive compensation for improvement done by him

(1) Notwithstanding anything to the contrary in any law or contract, a tenant who is ejected under the provisions Section 23 of this Act, shall be entitled to receive compensation for any improvement made by him on the land from which he has been ejected.(2) In determining compensation the following matters shall be taken 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 by the landlord in consideration of the improvement.

S.27 Landlord to select the area for resumption and tenants of lands not selected for resumption for personal cultivation not liable to ejection

(1) A landlord who wants to resume any land for personal cultivation under Section 23 shall give notice to his tenant to that effect and thereupon the tenant shall select the area under his occupation which he is entitled to retain under the provisions of this Act, and shall inform the landlord in writing within 30 days of the notice.(2) The landlord may then, out of the area not so selected by the tenants, choose the area which he is entitled to resume, and may terminate the tenancy thereof after giving the tenant not less than 60 days’ notice in writing.(3) If no information as required under sub-section (1) above is received by the landlord within 45 days of the service of notice, the landlord shall be entitled to select, in his discretion, the land for resumption under Section 23, and to terminate the tenancy thereof after giving the tenant not less than 60 days’ notice in writing.

S.28 Notification for establishment of Land Reforms Board

(1) The State Government may, by notification in the official Gazette, establish a Land Reforms Board for the State of Assam.(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, namely : (i) 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,(c) a Chairman nominated by the Government.(3) The members of the Board shall hold office for a period of three years from the date of notification mentioned in sub-section (1) :Provided that the State Government may extend the period by one year by a notification in the official Gazette.

S.29 Functions of the Board

It shall be the ‘duty of the Board—(1) to advise the State Government in—(a) carrying out the provisions of this Act,(b) formulating policies in matters relating to land reforms,(c) formulating schemes of co-operative settlement of land and of co-operative farming societies,(2) to evaluate from time to time the progress and effect of land reforms, and(3) to perform such other functions as may be prescribed.

S.30 Rules of procedure

The Board may frame its own rules of procedure consistent with the provisions of this Act and the rules made thereunder, and hold such enquiries as deemed necessary for the proper discharge of its functions.

S.31 Appeals

(1) Any person aggrieved by any order under Section 11 or 3 may, within 10 days of the order, prefer an appeal to the District Judge.(2) The decisions of the District Judge, or the original order when no appeal is preferred, shall be final.

S.32 Bar to jurisdiction

Except as otherwise expressly provided in this Act, no decision or order made in exercise of any power conferred by or under this Act shall be called question in any Court.

S.33 Collector may enforce order

If the Collector is opposed or impeded in tajang possession of any land under the provisions of this Act, he may cause to be used force as may be necessary to eject any person from the land.

S.34 Penalties

(l) Whoever contravenes any lawful order passed under this Act or obstructs’ any person from lawfully taking possession of any land under this Act or makes a declaration or statement or furnishes any information which is false and which he has reason to believe to be false shall be punished with imprisonment which may extend to one year or with fine which may extend to two thousand rupees or with both.(2) Any person who fails to be submit any return required to be submitted under Section 5 and 22 shall be punishable with fine which may extend to one thousand rupees.

S.35 Protection of action taken in good faith

No suit or proceeding or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this Act, or any order made thereunder.

S.36 Delegation of powers

The State Government may, by notification delegate to any officer, or authority subordinate to it, any of the powers conferred on it by the Act, except the powers under Sections 28 and 40, to be exercised subject to any restrictions and conditions as may be specified in the said notification.

S.37 Power to order production of documents, etc.

Subject to any conditions or restrictions that may be prescribed, the Collector, may, for the purpose of this Act, require any person to produce any document paper or register which is in his possession or under his control or to furnish any information which he may think necessary for the proper discharge of any duties under the provisions of this Act.

S.38 Officer holding enquiries to have powers of Civil Courts for enforcing attendance, etc.

Any officer or authority holding an enquiry or hearing an appeal under this Act shall have the powers of a Civil Court under the Code of Civil Procedure, 1908 in respect of—(a) enforcing attendance of any person and his examination on oath,(b) compelling production of documents, and(c) issue of commission.

S.39 Mode of recovery of any amount under the Act

Any sum payable to the Government under the provisions of this Act may be realised as an arrear of land revenue.

S.40 Power to make rules

(1) The State Government may by notification in the official Gazette, make rules for carrying out the purposes of this Act.(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :(a) the manner in which any notice or order under this Act may be served or published ;(b) the manner in which the Collector shall exercise any of the powers under this Act;(c) the procedure and fees regarding appeal, revision or any other petition under this Act;(d) the period within which and the form in which the return has to be submitted under Section 5 ;(e) the agency through which the information is to be collected under Section 6;(f) the manner in which a copy of the draft statement shall be served on the person or persons concerned under sub