Section 4 in The Assam Fixation of Ceiling on Land Holdings Act, 1956
4. Ceiling on existing land.
(1)Notwithstanding anything to the contrary in any law, custom or agreement, no person shall be entitled to hold, as owner , tenant or mortgagee in possession , land which exceeds the limit of 50 bighas in the aggregate, and this limit of 50 bighas shall be applicable to the aggregate of lands held individually by the members of a family or jointly by some or all the members of such a family :Provided that where such person holds " orchard" land the aforementioned limit shall be increased by the actual area of orchard subject to a maximum of 4 bighas over the limit of 50 bighas mentioned above.(2)Notwithstanding anything to the contrary in any law, custom or agreement no person shall be entitled to hold as owner, tenant, or mortgagee in possession lands for special cultivation of tea in excess of such land as has been used for special cultivation of tea and purposes ancillary thereto on the day on which the Assam Fixation of Ceiling on Land Holdings (Amendment) Act, 1970 came into force :Provided that the State Government may allow more lands to be held for ancillary purposes and for increase in area under special cultivation of tea in accordance with the rules as may be prescribed.Explanation. - "Purposes ancillary to special cultivation" shall mean the following:(i)land used for factory buildings ;(ii)land used for staff building including labour line ;(iii)land used for roads, bridges and drains within the tea estate ;(iv)land used for nurseries including shade trees ;(v)land used for hospitals, dispensaries, creches, recreation centres and playgrounds ;(vi)land used for religious institution, burial or cremation grounds ;(vii)land used for any other building built by management as a statutory requirement under any law for the time being in force ;(viii)land used for seed bari;(ix)lands used as may be needed for rotational plantation to maintain the planted areas as on the commencement of this Act but not exceeding 7-½ per cent of the planted area ;(x)lands lying within the boundaries of the actual planted areas excluding tenanted khet lands ;(xi)land used bamboos baris but not exceeding 50 bighas.(3)The ceiling of a Co-operative Farming Society shall be the aggregate of the ceilings of its individual members or their families under subs-section (1) above:Provided that lands held outside the society by a member of a co- operative society or any member of his family shall also be taken into account for determining his ceiling.(4)No benami transfer made after the twelfth day of November, 1955, shall be taken into account in determining the limit up to which the transferor shall be entitled to hold lands under sub-section (1) above, and in such case the limit and the excess land of the transferor shall be determined as if the transfer has not taken place.(5)No person who holds land in excess of the limit fixed under sub-section (4) shall, on or after the commencement of the Assam Fixation of Ceiling on Land Holdings (Amendment) Act, 1970 transfer or partition of any land until the land in excess of such limit is determined and possession taken over by the Collector under the Act:Provided that for special reasons to be recorded in writing, the Collector may permit transfer or partition of the land or any portion thereof.Explanation. - In this section the expression transfer shall have the same meaning as defined in Section 5 of the Transfer of Property Act (Central Act 4 of 1882) and 'partition, means any division of land by act of parties made inter vivos.(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.
