Section 5 in Assam Agricultural Land (Regulation of Reclassification and Transfer for Non-Agricultural Purpose) Act, 2015
5. Procedure for land reclassification and reclassification-cum-transfer.
(1)Any owner of agricultural land who intends to reclassify or reclassify-cum-transfer agricultural land for non-agricultural purpose under clause (i) and (ii) of section 3, shall make an application to the Deputy Commissioner under whose jurisdiction the agricultural land is situated giving full particulars of his land and justification of the proposed reclassification or reclassification-cum-transfer as under section 4, in such form and manner as may be prescribed.(2)An application under sub-section (1) of this section shall be accompanied by an affidavit duly sworn in by the owner of the land to the effect that the land proposed for reclassification or reclassification-cum-transfer shall be put to the permitted non-agricultural purpose within the stipulated period.(3)The Deputy Commissioner shall call for a report from the Circle Officer concerned immediately under whose jurisdiction the agricultural land or a part thereof is situated and after making such enquiries including field enquiries as may be necessary, the Circle Officer shall submit a report to the Deputy Commissioner with his recommendation within fifteen days from the date receipt of the order of the Deputy Commissioner calling for his report, in such form and manner as may be prescribed.(4)The Deputy Commissioner shall accord an in-principle approval or deny approval altogether for allowing reclassification or/ reclassification-cum-transfer,as the case may be, within 30 (thirty) days of the receipt of the recommendations of the Circle Officer and while doing so shall take the Opinion of a District Level Committee headed by himself-with-officials drawn from relevant district line departments as may be prescribed and/or take such expert advice that may be deemed necessary for arriving at a decision:Provided that in case the total area intended to be reclassified-cum-transferred is above 50 bighas, the Deputy Commissioner shall accord his in-principle approval only with the prior permission of the Government in the Revenue Department in such manner as may be prescribed.(5)Before issuing an in-principle approval under sub-section (4) of this section, the Deputy Commissioner shall take the prior concurrence of the concerned Local Authority under whose jurisdiction the agricultural land falls with regard to the proposed non agricultural activity with the prevailing rules or regulations or byelaws of the Local Authority.(6)Once the in-principle approval for reclassification or reclassification-cum-transfer is accorded, it shall be mandatory on the part of the owner to remit the prescribed Reclassification Premium as specified under section 6 within 30 (thirty) days from the date of receipt of the approval:Provided that the Deputy Commissioner, for valid reasons, may extend the time for the payment of the Reclassification Premium for another 30 (thirty) days and during the interim period if the minimum zonal value of land in the area where the said land is located is enhanced, then the owner shall pay the Reclassification Premium as assessed on such enhanced minimum zonal value of land.(7)The owner shall furnish the receipt or challan of payment of the Reclassification Premium at the rate as specified under section 6 to the Deputy Commissioner who on being satisfied, shall issue a No Objection Certificate (NOC) in turn, for reclassification or reclassification-cum-transfer, as the case may be, and the Circle Officer shall reclassify such agricultural land into appropriate non-agricultural class and make necessary entries in the land records and where the land is meant for reclassification-cum-transfer, the Registrar of Land Registration shall register the Deed of Transfer after the reclassification by the Circle Officer.(8)No agricultural land shall be put to non-agricultural use without the payment of the prescribed Reclassification Premium by the owner.(9)No Agricultural Land shall be reclassified for non-agricultural purposes or reclassified-cum-transferred for non-agricultural purposes without the payment of the prescribed Reclassification Premium by the owner:Provided that no Reclassification Premium as mentioned under sub-section (8) and (9) of this section shall be charged and realized while an agricultural land not exceeding one bigha is used or reclassified or reclassified-cum-transferred for construction of one's own dwelling house and when construction of the said structure is limited to two-storeys.
