Section 23 in The Assam Fixation of Ceiling on Land Holdings Act, 1956
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 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 ;(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:Provided that no tenancy of tenant, who has acquired the right of occupancy under any law for the time being in force, shall be terminated except under the provisions of that law :Provided further that if the landlord is a minor, or a widow, or a person subject to any physical or mental disability, or a member of the Military, Naval or Air Forces of the Union, then it shall not be obligatory on him to leave a minimum area with the tenant under the provisions of Clause (a) or (b) above.
