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State of Assam - Section

Section 15 in Assam Agricultural Land (Regulation of Reclassification and Transfer for Non-Agricultural Purpose) Act, 2015

15. Power of the state Government.

(1)Notwithstanding anything contained in this Act, the Government in the Revenue Department, in the public interest, may, by notification in the Official Gazette, restrict or prohibit the establishment of any non-agricultural activity in any area within the state.
(2)In order to protect the interests of the cultivators cultivating in the agricultural lands in the vicinity of the lands wherein a non-agricultural activity has been either proposed or established, the Government in the Revenue Department or the Deputy Commissioner may order for such alterations to the nature of the non-agricultural activity including and not limited to the site or building plan, as may be considered necessary and the owner or transferee shall be duty bound to make necessary alterations to the nature of the non-agricultural activity as ordered by the Government or the Deputy Commissioner, as the case may be.
(3)While ordering for any alterations under sub-section (2) of this section, the Government in the Revenue Department or the Deputy Commissioner may seek such expert opinion as deemed necessary for arriving at a decision,
(4)The Deputy Commissioner, in the public interest, may make recommendations for ensuring the right-of-way and for providing proper drainage for prevention of floods or water stagnation in the area where a non-agricultural activity is intended or established and the owner or transferee shall be duty- bound to give effect to all such recommendations.
(5)In case the owner or transferee fails to comply with the provisions of sub-sections (2), (3) and (4) of this section, the Deputy Commissioner may revoke the No Objection Certificate (NOC) issued under sub-section (7) of section 5 of this Act for establishing the non-agricultural activity or direct closure of the non-agricultural activity, after service of a notice in such manner as may be prescribed.
(6)If the general public of the area or the village where the non-agricultural activity is intended to be established, express any grievance with regard to the proposed non-agricultural activity, the Deputy Commissioner shall admit the grievance and dispose of the same in such manner as may be prescribed,