Section 9 in Assam State Acquisition of Zamindaries Act, 1951
9. Settlement operation with a view to effecting raiyatwari settlement.
(1)As soon as possible after the date of notification referred to in section 3, the State Government shall appoint a Settlement Officer with the requisite staff for the purpose of effecting a settlement with a view to converting the estates or tenures vested in the State into temporarily-settled estates in accordance with the provisions of the Assam Land and Revenue Regulation, 1886 (Regulation I of 1886), and the Assam Land Revenue Re-assessment Act, 1936 (Assam Act VIII of 1936).(2)In effecting such settlement the following directions to the Settlement Officer shall be given by the State Government :-(i)The raiyats shall be given the status of a settlement-holder as defined in the Assam Land and Revenue Regulation, 1886 (Regulation I of 1886) :Provided that a raiyat having occupancy right under the Goalpara Tenancy Act. 1929 (Assam Act I of 1929) (as amended), or the Sylhet Tenancy Act, 1936 (Assam Act XI of 1936 (as amended), or a raiyat who has held the land continuously as a raiyat for a period of not less than ten years prior to the date of notification under section 3 of this Act, shall have the status of a land-holder as defined in the Assam Land and Revenue Regulation, 1886 (Regulation I of 1886).(ii)The proprietor or the tenure-holder in respect of lands retained possession by and settled with him under section 6, shall have the status of a land-holder as defined in the Assam Land and Revenue Regulation, 1886 (Regulation I of 1886).(iii)The under - raiyat shall have the status of an under-raiyat as defined in the Assam (Temporarily-Settled Districts) Tenancy Act, 1935 (Assam Act III of 1935) : provided that an under -raiyat who has already acquired a limited right of occupancy under section 41-A of the Goalpara Tenancy Act, 1929 (Assam Act I of 1929) (as amended) shall continue to have that right.(iv)Any agricultural land included in a lease shall not, without the previous permission of the Deputy Commissioner of the district, be transferable to any person who is not a bona fide cultivator.Explanation. - For the purpose of this clause, "cultivator" means a person who actually cultivates the soil himself or by members of his household or by his servants or hired labour, and with his own or hired stock.(v)Except in the case of proprietor or tenure-holder as provided for in section 6 no settlement-holder shall be entitled to get settlement of lands for more than 150 (one hundred and fifty) bighas in the aggregate, and the provisions of sub-sections (2) and (3) of section 6 of this Act shall, mutatis mutandis, apply in respect of the selection of the 150 bighas :Provided that the limit of 150 bighas may be relaxed (i) in the case of a co-operative society formed either for the purpose of large-scale farming or consolidation of holdings, or (ii) in the case of a family consisting of more than twenty members, or (iii) in the case of individuals taking up large-scale cultivation by mechanical appliances : provided further that the limit of 150 bighas shall apply again whenever such large-scale farming or cultivation ceases to exist, and the Government may, by notification, resume the excess on payment of compensation calculated on the basis of rent prevailing in similar lands in the neighbourhood with similar advantages, and such rent shall be included for assessment of the gross income under section 11 of this Act :Provided further that compensation calculated on the basis of rent prevailing in similar lands in the neighbourhood with similar advantages shall be paid to the settlement-holder if any excess land above the prescribed maximum of 150 bighas held so long under his occupation as a raiyat is taken away from him, and such rent shall be included for assessment of gross income under section 11 of this Act.(vi)Lands held for the purpose of special cultivation and the lease for such cultivation shall continue under the State under the same terms and conditions as existed before the vesting of such lands in the State till the termination of the existing lease : provided that any land held for the purpose of special cultivation by a proprietor or tenure-holder without any lease shall be offered for settlement with such proprietor or tenure-holder subject to payment of revenue at the rate prevailing for similar lands in the neighbourhood with similar advantages.Explanation. - "Special cultivation" means cultivation which involves, either owing to the nature of the crop or owing to the process of cultivation, a much larger expenditure of capital per acre than is incurred by most of the cultivators in the State, and includes cultivation of tea.(vii)In all other respects, the provisions of the Assam Land and Revenue Regulation. 1886 (Regulation I of 1886), and the Assam Land Revenue Re-assessment Act, 1936 (Assam Act VIII of 1936), shall be followed.
