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State of Assam - Section

Section 16 in The Assam Fixation of Ceiling on Land Holdings Act, 1956

16. The manner of disposal of excess land.

(1)If there is any cultivating tenant in occupation of the land acquired from an owner then he shall be given settlement of such land within a prescribed period on the following conditions, namely-
(a)that the area of land so settled, together with any other land held by him or any member of his family either as tenant or as owner shall not exceed in the aggregate the limit fixed under Section 4 of this Act ; and
(b)that he shall pay to the State Government in one or more equal annual instalments not exceeding five, an amount fixed by it, but not exceeding the compensation payable by the State Government for acquisition thereof:
Provided that any amount which he is entitled to receive as compensation under the provisions of this Act shall be adjusted against an equal amount which is liable to pay under Clause (b) above.
(2)On payment of full amount under sub-section (1) above the land shall be settled with him with status of a land holder as defined in the Assam Land and Revenue Regulations, 1886, or an occupancy tenant as defined in the Goalpara Tenancy Act, 1929 or the Sylhet Tenancy Act, 1936, as the case may be, on the same rate of revenue or rent for such classes of land in the neighbourhood.
(3)Where the excess land is acquired from a tenant as such and not from the owner thereof, the State Government shall be entitled to settle it, on such terms as it may fix, with the sub- tenant, if any, who is in occupation of such land, subject to the limit under Section 4, or if there be no sub-tenant so entitled, with any person coming within the purview of sub-section (1) of Section 17 below, with the same status as was held by the tenant from whom the land has been acquired.