Section 21 in The Assam Fixation of Ceiling on Land Holdings Rules, 1957
21. Action to be taken when there is a contravention of Section 20.
(1)If, on receipt of the report of the Settlement Officer or the Circle Sub-Deputy Collector under the preceding rule or from any other information, the Collector or the Officer authorised has reason to believe that there has been a contravention of Section 20 in any particular case, then the Collector of the Officer authorised shall issue notice upon the transferee to show cause why he should not be ejected under the provisions of Section 21 from the excess land which has been transferred to him in contravention of Section 20.(2)After giving the transferee an opportunity of being heard and taking such evidence as he deems necessary,the Collector or the Officer authorised shall, if he is satisfied that the transaction has been placed in contravention of Section 20, pass order for taking possession of so much of the land acquired under the transaction as is found to be in excess of the limit fixed under Section 4 after taking into account the total area of lands already by him as well as the land transferred by the transaction.(3)The Collector or the Officer authorised shall, if it is necessary for the purpose of taking possession under the preceding sub-rule, eject the transferee, his assignee or any other person who may be in occupation of the land on his behalf or through him. The ejection shall be preceded by 30 days' clear notice and carried out by selling any building, structure, fence or crop that may exist on the land. The sale proceeds, after deduction of the cost of sale, shall be paid to the transferee or his assignee. If there is no buyer after due notice, the building, structure, fence or crop shall be purchased for one rupee by the Collector or the authorised Officer on behalf of the State Government and then demolished.(4)The Collector or the Officer authorised shall forward a copy of his order passed under sub-rule (2) to the Settlement Officer or the Circle Sub-Deputy Collector for necessary corrections of records-of-rights.
