Section 7 in The Assam Fixation of Ceiling on Land Holdings Act, 1956
7. Submission of statement to Government.
(1)On the basis of the information given in the return under Section 5 above which shall be duly verified through such agency as may be decided by the Government or the information obtained by the Collector under Section 6 above, the Collector shall prepare a draft statement showing, among other particulars, the total area of lands also held by such persons, the specific plots selected for retention with them, and also the lands in excess of the limit fixed under Section 4 remaining after such selection.(2)The draft statement shall be published in the offices of the Deputy Commissioner, the Sub-divisional Officer, the Circle Deputy Collector and the Mouzadar, and a copy thereof shall be served on the person or persons concerned in the manner prescribed. Any objection received within 15 days of the service shall be duly considered by the Collector and after giving the objector an opportunity for hearing, order shall be passed on these objections.The person making any such objection shall ascertain the date on which the objection will be considered and if on the day fixed or on any other date to which the consideration may be postponed, the objector is absent, the Collector shall consider the objections in the absence of the objector and pass such orders as he may think necessary making the statement final.(3)The draft statement shall then be made final in terns of the final orders passed under the preceding sub-section and the Collector shall sign it and affix the date.(4)Notwithstanding anything contained in the next sub- section, with effect from the date on which the final statement is signed by the Collector under the preceding sub-section, all rights, title and interest of the person or persons whose lands are shown as excess in such statement shall stand transferred to and vest in the State Government free from all encumbrances created by such person or persons and no person shall then be entitled to question it in any Court.(5)The final statement prepared under sub-section (3) above shall be published in the same manner in which a draft statement is to be published under sub-section (2) above.(6)Without prejudice to any action under other provision of this Act, the State Government may, on its own motion or on application, if filed within a period of 1 (one) year from the date of publication of the final statement under sub-section (4) or from the date on which the Assam Fixation of Ceiling on Land Holdings (Amendment) Act, 1993 shall come into force whichever is later, call for any record relating to any final statement and may pass such order or orders as it deems fit after giving the person or persons concerned an opportunity of being heard.An order passed under this section, the basis of draft statement prepared under Section 6 of the Act. whereby an area covered by deep forests and soil plantation was acquired as excess land, this order was quashed in Barduar Tea & Timber Co. v. S.D.O. Gauhati. IA1R 1973 Gauhati. 1311. on the ground that the object of the Act will be not be achieved in case the land is covered by deep forests and soil plantation.
