Section 4(6) in The Assam Fixation of Ceiling on Land Holdings Act, 1956
(6)If any person transfers or partitions in contravention of the provisions of sub-section (5), or transfer or partitions any land after the first day of April, 1970, i.e., the day on which this amending Bill was introduced in the Assam Legislative Assembly, but before the commencement of the Assam Fixation of Ceiling on Land Holdings (Amendment) Act, 1970, in anticipation of, or in order to avoid or defeat the objects of the Assam Fixation of Ceiling on Land Holdings (Amendment) Act, 1970, then the area so transferred or partitioned shall be taken into account in calculating the area which that person is entitled to hold, and land exceeding area so calculated shall be deemed to be in excess of the limit fixed under Section 4 notwithstanding that the land remaining with him not in fact be in excess of such limit.If by reason of such transfer or partition the holding of that person is less than the area so calculated to be in excess of such limit, then all his land shall be deemed to be surplus land ; and out of the land so transferred or partitioned and in possession of this transferred land to the extent of such deficiency shall subject to rules made in that behalf also be deemed to be surplus land notwithstanding that the holding of the transferer may not in fact be in excess of limits fixed under Section 4.All transfers and partitions made after the first day of April, 1970, i.e., the day on which this amending Bill was introduced in the Assam Legislative Assembly, but before the commencement of the Assam Fixation of Ceiling on Land Holdings (Amendment) Act, 1970, shall be deemed, unless the contrary is proved, to have been made in anticipation of, or in order to avoid or defeat the objects of the Assam Fixation Ceiling on Land Holdings (Amendment) Act, 1970.
