Section 12 in The Assam Fixation of Ceiling on Land Holdings Act, 1956
12.
Where any land is transferred to and vested in the State Government under sub-section (4) of Section 7 of the Act, there shall be paid compensation which shall be determined by the Collector or any other officer authorised by the State Government in the manner and in accordance with the principles laid down below, namely:(a)(1) Where the person from whom the excess land has been acquired held it as the owner thereof, the compensation (inclusive of the value of any tenancy right) shall be-(i)in case of fallow land, an amount equal to 25 times the full rate of annual land revenue payable for such land; and(ii)in case of other land, inclusive of the value of tress, an amount equal to 50 times such annual land revenue :Provided that if the land is under occupation of tenant, then the compensation, shall be apportioned between the owner and the tenant, and the share of the owner shall be, if the tenant has acquired occupancy right 15 times, and in other cases 20 times, such annual land revenue.(2)Where the person from whom the excess land has been acquired held it as a tenant thereon, the compensation for his tenancy right shall be-(i)if he is an occupancy tenant, 10 times the full rate of annual land revenue payable for the land when the. land is fallow, and 35 times such annual land revenue in all other cases ;(ii)if he is not an occupancy tenant, 5 times such annual land revenue payable for the land, when the land is fallow, and 30 times such annual land revenue in all other cases.(3)(a)Where there is a sub-tenant in the excess land acquired, amount equal to 50 per cent of the compensation payable under (1) or (2) above to the tenant under whom he holds shall be paid out of it to the sub-tenant.Explanation. - Land which is not cultivated for 3 consecutive years immediately preceding the date of acquisition or which does not contain any tree, bamboo, or thatch, shall be regarded as fallows :Provided that where the land is revenue-free, or assessed to land revenue at a concessional rate, or where it is not assessed to and revenue under the provisions of the Assam land and Revenue Regulations, 1886 or of the Assam Land Revenue Re- assessment Act, 1936, the compensation shall be determined on the basis of annual land revenue assessable under the provisions of the afore-mentioned Acts on similar, full revenue-paying land situated nearest to it.(b)Where there is any building or structure or crop on the land, the owner thereof shall be given the option of removing it within the prescribed period and if the fails to do so within the said period, it shall be sold in public auction, and the sale proceeds, after deduction of the cost of auction, if any, shall be paid to him.(c)For any improvement made on the land, an additional amount not exceeding twice the amount of compensation payable under Clause (a) above for the land benefited by such improvement shall be payable to the owner or the tenant, as the case may be, at whose expense the improvement was made. In determining this amount, the following factors shall be taken into consideration namely :(i)enhancement of the value of the land due to tire improvement ;(ii)probable duration of the effects of the improvement; and(iii)labour and capital spent on the improvement.
