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Assam act 020 of 1962 : The Assam Fixation of Ceiling on Land Holdings (Amendment) Act, 1962

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ASSA M ACT XX OF 1962

THE ASSAM FIX A TIO N OF C E H 'NG ON LA ND HOL DI NG S

(AME ND ME NT) AC T, 1962

(Passed by the Assembly}

(R eceive d the as se nt o f the Go ver nor on the 3rd Se ptem be r 1962)

[Publis hed in the Assam Gazette, Ex traord ina ry, date d the 5th September

1962]

An

Ac t furth er to amend t'ne Assam Fixatio n o f Ceiling on Lan d Holdin gs Ac t, 195b

Preamble Whereas it is expedient furt her to amend the Assam Assam Act Fix ation of Ceiling on La nd Hold ings Act , 1956,ol195?' here inafter ca lled the princi pal Act, in the manner hereinafte r appeari ng ;

It is hereby enacted in the Th irteenth Yea r o f the Repub lic of In di a as follows:—

*

Short ti tl e , 1. (i) This Act may be call ed the Assam Fixation comm: nee- C eil in g on La nd Hold ings (Amendm ent) Act, 1962. ment,

(2) It shal l hav e the like extent as the prin cipal Act.

(3) It shall come into force a t once; Substitu tion 2. For Section 2 of the prin cipal Ac t, the following of section 2 shall be substituted, namely

of Assam

Act 1 of 1957.

'*2, Exceptions—Th e provisions of this Act, shall not apply to

(a) lands held by the Sta te Governm ent or by th e Union Govern men t or by any Loca l Atho- rity ;

(b) lands belonging to any religous or cha rita ble inst itut ion of a pub lic nature ;

(c) (i) lands held for a special cul tiva tion o tea or

purposes anci llary thereto , (ii) lands exceeeing 150 bigh as, util ized for large-scale cultivation of citrus in a com- pac t block by any person before the first day of Janu ary, 1955,

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(iii) lands util ized by efficiently managed farms on which heavy investme nt or pe rm anent str uc tur al improvements have been made and whose break-up is likely to lead to a fall in produc tion , and

(iv) lands held by a mill, factory or workshop as may be req uir ed for the purposes of the expansion of the mill, factory or workshop or for ancil lary purposes of the mill, factory or workshop, such as setting up of schools, dispensaries and roads bu t not for growing crops for use in the mill, factory or workshop ;

(v) lands held by a sugar factory or a co-ope - rat ive farming society for cul tiva tion of suga r-cane for the pu rpose of such fac- tory :

Provided th at , if at any time , such lands cease to be utilized for t he purposes men tioned here in, the provi- sions of this Act shall apply.

(d) land s vesting in a Gram Sabha un de r the Assam Act I

Assam Gramdan Act, 1961 ; °f 1962. Explanation.—Lands held by ten an ts (other than tea garde n labourers) with in estates settled for cul- tiva tion of tea sha ll not be deemed to be held for special cult ivat ion or for purposes anci llary thereto."

Amendment 3. For sub-sec tion (2) of Sec tion 28 of the pr in-

28 o f^ th e Act , the following shal l be sub sti tuted,

Assam Act I n am ely . cf 1957.

" (2) The Board shall consist of six members, name ly: —

(a) two non-official mem bers nominated by the Sta te Governm ent,

(b) three Officers of the Sta te Governm ent, namely: —

(i) the Commissioner of Plains Division,

(ii) the Secretary to the Governme nt of Assam in the Revenue De partm ent,

(iii) the La nd Reforms Officer who shall also be the Secretary to the Board ,

(c) a Chairman nominated by the State Government."