Section 11A in The Assam Fixation of Ceiling on Land Holdings Act, 1956
11A. Taking possession in advance.
- Notwithstanding anything contained in this Act or in any other law for the time being in force :(1)when it appears from a return submitted by a person under Section 5 or Section 22 of this Act that there is any land in excess of the ceiling limit, the Collector may by an order in writing take possession of such excess lands. In doing so the Collector shall take possession of that land which has not been selected to be retained and in case when no such selection has been indicated in the return the Collector shall himself select the lands to be taken possession of ;(2)when it appears from a return submitted by a person under Section 5 or Section 22, that the particulars shown therein are not correct and the Collector finds from information received by him that there are land in excess of the ceiling limit, the Collector may, by an order in writing, take over possession of such excess lands. While doing so the Collector shall himself select the lands to be taken possession of;(3)when no return has been submitted under this Act by any person in respect of his lands by the Collector finds from information received by him that the person holds lands in excess of the ceiling limit, the Collector may, at any time by an order in writing, take over possession of such excess lands. While doing so the Collector shall himself select the lands to be taken possession of;(4)when the Collector has passed an order under sub-section (2) of Section 7 showing therein any land to be in excess of the ceiling limit applicable to the person concerned, he shall, by an order in writing, take possession of such excess land ;(5)no order for taking possession shall be passed under any of the previous sub-sections, unless it appears to the Collector to be necessary to do so in public interest or for securing proper management of land in question ;(6)when possession is taken of any land under any of the preceding sub-sections, the person whose lands are taken possession of , shall be paid for each year of such possession an amount equal to the annual land revenue and local rate payable for such land ;(7)where the excess land of any person determined finally under Section 7 is found to be less than the land of that person which the Collector has taken possession under this section, the land which is in excess of the area so determined shall be returned by the Collector.
