f --- ·---- . ¥,,__.- Registered No. A- If -~ ) The Assam Gazette "IJfl~n~q EXTRAORDINARY tnfA~·~~~ .PUBUSHED BY AumOIUTY ,.
-----------·- - - ----- <i~ 40 N-J,~, "IR'<tt", 19 ~'ii~. 1980, 28 ~t~t-.r, 1902 {'"!<11) -\ No. 40 Dispur, Saturday, 19th Joly, 1980, 28th Asadha, 1902 (S. E.)
GOVERNMENT OF ASSAM ORDERS BY THE GOVERNOR LEGISLATIVE DEPARTMENT NOTIFICATION The 19th July 1980 ;, No.LGL.10/79/33.-The following Act/made by the Presidenit and published in the Gazet te of India Extra ordinary Part II of Section I, dated 19th July, 1980 is republished for general information.
Name of Act The Assam Alienation of Land (Regulation) Act, 1980.
U. TAHBILDAR, Secretary to the Govt. · of As~am, Legislative Department.
No. of Act President's Act No.1 uf 1980.
Date of assent 19th July 1980.
202 THE ASSAM GAZETTE, EXTRAORDINARY, JDLY 19, iYBO Presiderl.t's Act No. 1 of 1980 THE ASSAM ALIENATION OF LAND (REGULATION) ACT 1980 (Received the assent of the President on 19th July, 1980.)
~~iille Enacted by the President in the Thirty-first Year of the Republic of India.
AN ACT to provide, in the public interest for the regulation of alienation of land in certain cases.
In exercise of the powers conferred by Section 3 of the Assam State Legislature (Delegation of Powers) Act, 1980. the President is pleased to enact as follows .-l38fof 1980.
Shortt it I c 1 (1) This Act may be called the Assam Alienation and extrnt.}.of Land (Regulation) Act, 1980.
- (2) It extends to the whole of Assam Definitions, 2. In this Actl, unless the co111text otherwise requires. -
(a) "alienation" in relation •to any land means -the transfer of such land by sale, mortgage , lease exchange, gift_ will or otherwise;
(b) "land" includes building br structures thereon and any right ¢herein;
(c) "prescribed" means pre!cribed by rules made by 1the State Government under this Act.
Act to over- 3 The provisions of this Act shall have effect not rldc other withstanding anything ~o t!he contrary contained in laws, etc. any other law or in any co111t ract, express or implied, or in any instrument.
Restrictions 4. No. pe·rson shall without 1Jhe previous sanction of on alicna•the Collector obtained in such manner as may be prestion.
cribed, mallte any alienation of any land in favour of any person when such person is-
(a) an individual who is not a citizen of India; or
(b) a body corporate or firm of. which the majority of the directors, shareholders or partners. as the case THE ASSAM GAZETTE, EX1 FAORDINARY, JULY 19, 1980 26.3 may be, are not c•~izens of India, or which is incor porated formed or registered ou,tside India.
Withhol_ding] 5. (1) The sanction referred to in seation 4 may be of sanction. withheld if-
(a) the transferee is, in the opinion of the Collec tPr, unsuitable, or
(b) )the proposed aliena1Jjon is in the opinion of tihe Collector, prejudicial to the public interest .
. (2) Where !\;he Collector withholds any sancJii.on un der t!}lis section, lle shall record his reasons for doing so
(3) An appea1 shall lie front the order of the Coll~c tor withholding sanction under sub-seation (1) within sixty days from the · date of such order to rthe StJate Government:
Provided ~hat; the S*te Government may en ter1~ain an appeal after 1Jhe expiry of 1Jhe period of sixty days if it is satisfied 1that1 the appellant was preven ted by sufficient cause from filing iJt in time.
(4) On receipt of any such appeal rthe Statje Govern ment shall after giving rthe appellant a reasonable opportunity of being heard and af1Jer making such in quiry as itJ deems proper, decide the appeal.
(5) The decision of t~e State Governmet,t on such appeal. and, where no such appeal is preferred, the decision of the Collector under sub-sectuon (1) shall be final.
Cforu1~que~ces 6. (1) Any alienation of any land made in cont,ra o a 1enat10n t· f th . . f t· 4 h 1 b . d in contraven-ven 10n o e prov1s10ns o sec 10n s a 1 e v01d an tion of sec-Of no effect and the land alienated shall vest in the tion 4. State GovernmentJ from the d~te o.( alienation free.
from all encumbrances
(2) The Collector may, after g1v1nfl the panties an opportun~ty of being heard, by order-
(a) direct any person in whose possession or. con trol any land or _part of land vested in the State Go".ernment under sub-section (1) may be rto deliver possession thereof to ±he State Governmenfi,_,, 204 THE ASSAM GAZE'ITE, EXTRAORDINARY, JULY 19, 1980 ---- - - ------- --
(b) impose on the transferor a penalty which may amouni':; to double tJhe consideration for which such land was alienated; and
(c) if in tihe opinion of the Collector !there are circumstances justifying a refund bf th~ considera~ tion, if any, paid by . the transferee in respe'1t of such ~and, allow ithe transferee such refund.
(3) The penalty imposed under clause (b) of sub section (2) shall be recoverable as an arrear of land revenue • Delive:y @ff 7 (1) On !1;he issue by the Collector of an order un-possess1on o · . .
land to Stateder clause (a) of sub-section (2) of section 6 directing Govern n.ent the delivery of possession of any land or pa.rt of land and pen11ltY•to the St~:e Government any person in whose possession or control such land or part of ~and may be, shalI forthwith deliver possession thereof Ito the State GovernmentJ.
(2) If any person refuses or fails to comply with the provisions of sub-section (1), the Collect or shall-
(a) if he is a Magistratle enforce ithe delivery to t he Starve Government of th~ possession of the land!
or pan~ of the land in respect! of which such refusal' has been made or failure has been committved; or
(b) if he is not a MagistJrai':e apply to a Magis trate and such Magistirai':e shall enforce the delivery to the State GovernmentJ of the possession of such land gr part of land
(3) Whoever refuses or unlawfully obsfjructs the de livery tb the State Government of the possession of any fand or part of l and delivery of possession where of tl9 the State Government has been diredted by the Collector hy an order under cJiause (a) of sub-section
(2) of section 6. shall on conviction by a Magistra t'e , be punishable w "thout prejudice t o any ot her pen alty t o which he m ay be liable under any other law for the time being in force with fine which may extiend to two thousand rupees.
Disdposal odr 8 Any land vested in the St'at,e Government under Ja, veste . ~ . . d" in 1h . State~ub-section (1) of sect;on 6 shall be dealt. w ith and is,- Gvvernment . posed of by the State Government in such m anner n~ may be prescribed, . I 'l~HE -~SS~~ GAZETTE. EXTRAORDil'Hi.RY, JULY 19, 1980 285 Deleg~t1on of power.
9 The Stai';e Government may by notification in the Otticial Gazette, direct tha,t the· power exercisable bf ~t under th.s Act. otiher than the power to make ,rules under sect~on 12, shall in such circumstances and un dt;r :rnch condit.ons, if any, as may be specified in the notification. be exercisable also by an officer subordi nate to itl.
Indemnity, 10. No su~t or otiher legal proceeding shall 1ie against · the State Government.; any officer subordina1J.e to it or or any otJher person for any damage caused or likely to be caused or any injury suffered or likely to be suffered by virtue of any provision of "flhis Act or for anY1thing in good faith done or intended to be done in pursuance of this ActJ or any rule or order made thereunder.
Bar of juris· 11. No order made under this Act shall be l called in diction of question in any civil or criminal court.
courts.
Power to 12 (1) The State Government may, by notific""ion m make rules. t he. Official Gazet~e. make rules for carrying out the purposes of this AQt.
(2) In particular and without prejudice t!O the gene rqlity of 1the foregoing power such rules may provide for any matter· which is required to be or may be pres cr,bed under this Act.
Repeal and 13. (1) The Assam Alienation of Land (Regulation)Assam Ordi nance II of 1980, saving, Ordinance, 1980, is hereby repealed.
(2) NotwiUis~anding such repeal. anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under (this Act as if this Act had come into force on the 71Jh day of April 1980. . ' ' I ' N. SANJIVA REDDY, President.
R V. S PERI SASTRI, Secy. to' (the Government of India.
GAUHATI-Printed and published by the Supdt. i/c., Asaaa Goyt, Printi111 Pres1 (Bx-Gazette) No. 79-900-500-19-7-1980, I' ----------- - - -------------------- -------------------------- ---