Section 6 in Assam State Acquisition of Zamindaries Act, 1951
6. Certain lands to be settled with the ex-proprietor or ex-tenure-holder.
(1)Notwithstanding anything contained in Section 4 above, the proprietor or tenure-holder shall, with effect from the date of vesting, be entitled to retain possession, subject to the provisions of sub-section (4) of this section, of any-(i)Homesteads included in an estate or a tenure vested in the State which are in his possession on the date of vesting ;(ii)Buildings, together with lands on which they stand, other than buildings vesting in the State under section 4 above which (a) are used for purpose of trade, commerce or agriculture, or (b) are let out on hire or rent, and are in his possession on the date of vesting ; and(iii)"Private land" of a proprietor as defined in this Act, subject to a maximum of 400 bighas :Provided that the limit of 400 bighas may be relaxed in the case of a proprietor or a tenure-holder who has undertaken large-scale farming on a cooperative basis or by the use of power-driven mechanical appliances :Provided further that the limit of 400 bighas shall apply again whenever the aforesaid large-sale farming has ceased to exist, and the Government may, by notification, resume the excess on payment of compensation calculated on the basis of rent prevailing in similar lands in the neighbourhood with similar advantages, and such rent shall be included for assessment of the gross income under section 11 :Provided further that compensation calculated on the basis of rent prevailing in similar lands in the neighbourhood with similar advantages shall be paid to the proprietor or tenure-holder for the surplus land above the prescribed maximum of 400 bighas retained by the proprietor or tenure-holder, and such rent shall be included for assessment of the gross income under section 11 of this Act.(2)When the area of private land mentioned in (iii) above exceeds the maximum of 400 bighas, the proprietor or the tenure-holder shall be given the option of selecting the holdings which would in the aggregate make up an area of 400 bighas :Provided that no holding so selected shall be less than a compact area of 20 bighas.(3)If the proprietor or the tenure-holder fails to select the holdings under sub-section (2), the Settlement Officer or any other officer empowered on this behalf by the State Government, shall in his discretion, select the holdings which would in the aggregate make up an area of 400 bighas out of his private land, and shall offer him settlement, on refusal of which he shall set no settlement.(4)All such lands possession of which is retained by the proprietor or tenure-holder under sub-section (1) shall be offered for settlement with him as temporarily-settled estates within the meaning of the Assam Land and Revenue Regulation 1886 (Regulation I of 1886). If he refuses to accept such settlement the lands may be offered for settlement to any other person, and the proprietor or tenure-holder shall be excluded or ejected from possession of such lands : provided that compensation for such lands shall be given to the proprietor or tenure-holder so ejected at the same rate as he would get if these were not his private or homestead lands within the meaning of this section.(5)The Settlement Officer appointed under section 9 below shall demarcate the private lands which the proprietor or tenure-holder will be entitled to retain possession of and get settlement under sub-section (4).(6)If there is any dispute as to the possession and extent of any homestead or private land or building referred to in sub-section (1), the Settlement Officer shall, on application, make such enquiry as he deems fit and pass such order as may appear to him just and proper.
