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State of Assam - Section

Section 2 in Assam Agricultural Land (Regulation of Reclassification and Transfer for Non-Agricultural Purpose) Act, 2015

2. Definitions.

- In this Act, unless the context otherwise requires,-
(a)"agricultural land" means and includes land classed as such in the revenue record or used for cultivation or raising of any crop or grass or garden produce, horticulture, floriculture or any other activity that the Department of Agriculture, Government of Assam, may from time to time notify as an agricultural activity but shall not include lands under Tea cultivation in the state and the word 'agricultural' shall be construed accordingly ;
(b)" commercial purpose" means use of land for the purpose of trade or commerce or business whether retail or wholesale, which shall include a shop, shopping complex, marriage hall, marriage garden, conference hall, bank, restaurant, hotel, depot, godown, printing press, auto service station, show-room, cinema, multiplex, explosive magazine, weigh bridge, workshop, dhaba (whether- pucca or temporary structure), petrol or diesel pump, tourism activities and such other purposes or any other activity, notified by the State Government, from time to time, as commercial purpose and shall also include the use thereof partly for residential and partly for commercial purposes ;
(c)"Circle Officer" means the Revenue Circle Officer under whose jurisdiction the agricultural land or a part thereof is situated, and includes Attached Circle Officer;
(d)"developer" means a person who desires or undertakes subdivision, reconstitution or improvement of plots ;
(e)"The Deputy Commissioner" means the Deputy Commissioner of the District under whose jurisdiction the agricultural land is situated ;
(f)"Government" means the State Government of Assam ;
(g)"industrial area" means an area of land to be developed by any person, for setting up an industry or industries including essential welfare and supporting services within the industrial area like residential colony for employees, entrepreneurs, staff of Industrial units and shall include Industrial Parks and Estates;
(h)"industrial purpose" means the use of any land for any industry whether a small or medium or large scale unit including Information Technology industry, and shall include a brick-kiln or kiln but shall not include use of any premises or land for the commercial purpose;
(i)"infrastructure projects" means activities such as Power Projects, Telecommunication Projects, Transport Projects, Water Supply Projects, Solid Waste Management Projects, Sewerage Treatment Plants or any project as may be specified by the State Government from time to time ;
(j)"institutional purpose" means the use of land by any establishment, organization or association for the promotion of some object specially of general utility, charitable, educational or like nature, except public utility purpose;
(k)"Local Authority" means and includes an Urban Development Authority or a Gram Panchayat in rural areas or any other Authority which the government may from time to time notify as Local Authority, under whose jurisdiction the agricultural land falls;
(l)"medical facilities" means and include climes, dispensaries, hospitals, diagnostic centers, nursing-homes, etc,
(m)"multiplex" means a building which contains one or more cinema halls, along with space for recreation and commercial activities;
(n)"minimum zonal value of land" means the minimum base value of land for a particular class of land in an area that is fixed and notified by the Deputy Commissioner of the district from time to time;
(o)"non-agricultural class" includes all Trade sites including industry and commercial or residential sites or any other class that the government may notify as non-agricultural class from time to time;
(p)"non agricultural land" means land other than agricultural land and intended to be used for non-agricultural purposes;
(q)"non-agricultural purpose" means and includes use oi land for establishing industries or industrial areas, commercial purposes, infrastructure projects, institutions, medical facilities, housing including residential area or housing colony or township project, public utility or amenities or any other purpose not being an agricultural purpose,
(r)"owner" means any person being a proprietor or a settlement holder and shall have same meaning as assigned in the Assam Land and Revenue Regulation, 1886 (Regulation 1 of 1886) and shall not include a Power of Attorney holder under this Act,
(s)"prescribed" means, prescribed by rules made under this Act ;"
(t)"person" includes individual, firm, registered society, association of persons, corporate body or any legal person;
(u)"public utility or amenities" means places of religious worship, dharmashala, gaushala, Haj Bawans, public parks, hostels, smashan or kabarsthan, old age home, leprosy treatment center, pensioners rest house, night shelter, training center for differently abled persons, public water huts, public toilets, public libraries, etc. or any other place of public utilities that may be notified by the Government from time to time as public utility or amenity excluding use of medical facilities ;
(v)"Registrar of Land Registration" means and includes the jurisdictional District Registrar, Deputy Registrar, Senior Sub-Registrar and Sub-Registrar of Land Registration ;
(w)"Reclassification Premium" means a 'premium' charged and realized by the state from the owner for change of land use from agricultural to -intended non-agricultural purpose;
(x)"residential area" or "housing colony" or "township project" means an area having residential plot or group houses or flats or groups of plots, etc. along-with other essential facilities or amenities and also includes residential plots or flats or houses being developed by developers for further sale to interested persons;
(y)"reclassification" means change of land use from agricultural purpose to intended non-agricultural purpose and "reclassified land" means land for which permission under this Act is granted for use for non-agricultural purpose;
(z)"reclassification-cum-transfer" means reclassification of the agricultural land for intended non-agricultural purpose and subsequent transfer of the land;
(za)"transferee" under this Act means a person to whom an agricultural land has been transferred after reclassification to an intended non-agricultural purpose;
(zb)"tourism activities" means and include hotels, wayside amenities, camping site with furnished tented accommodation, a resort, an amusement park, a safari park developed with the permission of the Forest Department, an aerial ropeway established under the prevailing rules and regulations, a Health Spa, Golf Academy or Golf Course, an Art Gallery, handicrafts market and any other related activity declared as Tourism Activity by the Department of Tourism,Government of Assam, from time to time;
(zc)"value of consideration" means the value of the land as mentioned on the Deed of Transfer of land.