Section 10 in Assam Agricultural Land (Regulation of Reclassification and Transfer for Non-Agricultural Purpose) Act, 2015
10. Mandatory establishment of the approved non-agricultural activity within three years.
(1)Where a No Objection Certificate (NOC) for reclassification is accorded by the Deputy Commissioner under sub-section (7) of section 5, it shall be mandatory for the owner to establish the approved non-agricultural activity within a period of three years from the date of reclassification of the said land in the land records or where such a No Objection Certificate (NOC) is accorded for reclassification-cum-transfer, it shall be mandatory for the transferee to establish the approved non-agricultural activity within a period of three years from the date of registration of the Deed of Transfer;Provided that the Deputy Commissioner, for reasons beyond the control of the owner or the transferee, may extend the aforesaid period of three years for establishing the non-agricultural activity by another two years and the cumulative period for establishing the approved non-agricultural activity in no case shall exceed a maximum period o-f five years including the initial three years period.(2)If the owner or the transferee fails to establish an approved non-agricultural activity within the period as mentioned in subsection (1) of this section, the Deputy Commissioner, on the expiry of the said period including the extended period, if any, shall impose a penalty upon the owner or the transferee at a rate equal to ten times the Reclassification Premium that was paid on the land by the owner or transferee before issuing reclassification or reclassification-cum-transfer, as the case may be, in accordance with section 6 and shall deny further transfer of the said land for a five years starting from the date of expiry of the approved 3 or 5 years period accorded under sub-section (1) of this section:Provided that the Government in the Revenue Department may, for reasons beyond the control of the owner or the transferee, relax the aforesaid ban on further transfer from five years to two years in appropriate cases.(3)Nothing in this section shall restrict the right of the Banks or Financial Institutions to recover any unpaid monies from an owner or transferee as per the existing procedures and laws applicable to the Banks or Financial Institutions in the event of the said land being mortgaged for securing loans towards establishing the intended non-agricultural activity:Provided that in the event of any land being disposed of by the Bank or Financial Institution, the Deputy Commissioner before according No Objection Certificate (NOC) for transfer, shall realize from the transferee (buyer) any penalty amount that might be due on the said land that has been duly charged in accordance- with the provisions of sub-section (1) of this section and remained unpaid.
