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State of Assam - Section

Section 23 in Assam Gramdan Act, 1961

23. Allotment of land and conditions thereof.

(1)A Gram Sabha shall allot 95 per cent of the land donated by donor to him for the purposes of cultivation, such lands being specified by the donor at the time of donating his land. Other lands vested in or coming under the management of a Gram Sabha shall be allotted to such other landless members of the Gram Sabha as it thinks fit :Provided that if any donor himself is a landless person, the remaining 5 per cent of the land donated by him shall also be allotted to him for cultivation.
(2)Every allotment of land made under sub-Section (1) shall be subject to the following conditions, namely :
(a)the allottee shall be liable to pay annually to the Cram Sabha an amount equal to the land revenue, rent, cesses, rates and other taxes payable in respect of the land allotted to him before such dates or date as may by prescribed ;
(b)the allottee shall contribute annually to the Gram Sabha one-fortieth of this net agricultural income or such other share, quantity or proportion of his income as the Gram Sabha may determine ;
(c)the allottee shall not allow the land allotted to him to remain uncultivated for a period exceeding two years ;
(d)the allotment made to a person shall be heritable ;
(e)the allottee may transfer his allotment for consideration either to the Gram Sabha or to any person joining the gramdan community of the village, or to the State Government or a co-operative society, to secure the payment of a loan contracted by him :
Provided that no allottee shall have any such power of transfer if the lands are not included in the lands donated by him, except with the previous permission of the Gram Sabha concerned ;
(f)the allottee must cultivate the land allotted to him personally if the land allotted to him is not included in the land donated by him, if any ;
(g)except as otherwise provided in this Act, the allottee shall not be disturbed from the possession of such land by the Gram Sabha without his consent.
(3)Nothing contained in this section shall be deemed to confer on the allottee any rights which the Gram Sabha did not possess immediately before making the allotment.
(4)The Gram Sabha may cancel an allotment made to any person for violating the conditions of allotment and may evict the person from the allotted land. The lands comprising the allotment so cancelled may thereafter be allotted by the Gram Sabha to other members of the Gram Sabha in accordance with the provisions of this Act.Explanation. - For the purpose of this section, 'landless person' shall include a person who does not own or hold land in excess of such area as may be prescribed.