Section 16 in The Assam Fixation of Ceiling on Land Holdings Rules, 1957
16. Manner of disposal of excess land under Section 16 where the excess land was acquired from an owner.
(1)(a)A cultivating tenant in the occupation of the land shall be given settlement of payment of due premium to be adjusted against the compensation he is entitled to receive under the provisions of the Act. In case the amount of compensation falls short of the premium due to be paid under Clause (b) of sub-section (1) of Section 16, the deficiency shall be recovered from him as an arrear of land revenue as prescribed in the Assam Land and Revenue Regulations, 1886.(b)He shall submit a formal written petition for settlement before the Collector or any other authorised Officer within six months from the date of notification under Section 8.(2)In the petition of settlement the tenant shall state-(a)the nature of the tenancy and the name of the person from whom he holds;(b)the plot No. and the area of land under his actual occupation ;(c)the boundaries of the land occupied ;(d)the total area of land (excluding) the land for which settlement has been prayed for under this rule) which is held by him or any member of his family as tenant or owner and which has not been acquired by the State under the provisions of the Act;(e)any amount which he is entitled to receive as compensation under the provisions of this Act.(3)On receipt of the petition for settlement from the tenant the Collector or the Officer authorised shall verify the truth of the petition through the agency of Settlement Officer or Circle Sub-Deputy Collector, as the case may be, and if he is satisfied that the tenant is in actual possession of the land prayed for or any part of it, then he shall pass an order for allotment of the land or any part of it which is under his actual possession.(4)The Collector or the Officer authorised shall then determine the amount payable to the State Government by such tenant under Clause (b) of sub-section (1) of Section 16 adjust the same from the compensation amount due to him or fix the number of instalments in which he shall pay the full amount and the cash and amount of each instalments, on or before the amount of compensation due to such tenant is paid.(5)He shall maintain in Form E a register of realisation of amounts payable under the preceding sub-rule.(6)The Collector or the Officer authorised shall forward a copy of his order of settlement to the Settlement Officer or the Circle Sub-Deputy Collector, as the case may be, and latter shall correct the records of ri
