Section 6(1) in Assam State Acquisition of Zamindaries Act, 1951
(1)Notwithstanding anything contained in Section 4 above, the proprietor or tenure-holder shall, with effect from the date of vesting, be entitled to retain possession, subject to the provisions of sub-section (4) of this section, of any-(i)Homesteads included in an estate or a tenure vested in the State which are in his possession on the date of vesting ;(ii)Buildings, together with lands on which they stand, other than buildings vesting in the State under section 4 above which (a) are used for purpose of trade, commerce or agriculture, or (b) are let out on hire or rent, and are in his possession on the date of vesting ; and(iii)"Private land" of a proprietor as defined in this Act, subject to a maximum of 400 bighas :Provided that the limit of 400 bighas may be relaxed in the case of a proprietor or a tenure-holder who has undertaken large-scale farming on a cooperative basis or by the use of power-driven mechanical appliances :Provided further that the limit of 400 bighas shall apply again whenever the aforesaid large-sale farming has ceased 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 :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 proprietor or tenure-holder for the surplus land above the prescribed maximum of 400 bighas retained by the proprietor or tenure-holder, and such rent shall be included for assessment of the gross income under section 11 of this Act.
