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State of Assam - Section

Section 5 in The Assam Consolidation of Holdings Act, 1960

5. Principles to be followed in preparing scheme.

- The Consolidation Officer shall prepare the scheme with due regard to the following principles, namely:
(a)consolidation shall be made, as far as possible, by way of exchange or amalgamation on the owner's voluntarily agreeing to it before the Consolidation Officer:
Provided that the Consolidation Officer shall ensure that in allotment of consolidated land, every such person gets, as far as possible, the same area or area of same value as the original area or the value of the original area of such person ;
(aa)setting apart of land, where necessary, for public purposes, which shall include roads or village paths, play grounds, schools, burial and cremation grounds, grazing grounds, village tanks and wells ;
(b)allotment of a consolidated plot shall be made as far as practicable to the owner who holds the largest area in that plot:
(c)owners belonging to the same family shall, as far as possible, be allotted adjacent plots;
(d)proximity to owner's permanent homestead or improvement, if any, made by the owner in the plot, shall be taken into consideration in allotting plots;
(dd)wherever Co-operative Farming Societies are started the land pooled into the society shall, as far as practicable, be consolidated into one or two compact blocks;
(e)where the market value of the allotted plots is less than that of the original plots of an owner, compensation shall be payable to him for the deficiency ; and where the market value of the allotted plots exceeds that of his original plots, compensation shall be realisable from him for the excess value.
Explanation. - In preparation of a scheme for consolidation of holdings the dwelling house of an owner with the land on which it stands, together with any courtyard, compound, attached garden or orchard, shall not be taken into consideration.