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Section 19

The Assam Consolidation of Holding Act, 1961 (Single Document)State Act of Assam · Act 19 of 1961

(1) After determining the compensation payable to or by an owner on the principles laid down in clause (e) of Section 5 and section 18,the Consolidation Officer shall inform him of the amount so determined and shall give him an opportunity of being heard, and shall after making such modification, if any, make an award.

(2) Any person interested in the award but not satisfied with it, or to its apportionment, may apply to the Consolidation Officer within 30 days of the order excluding the period required for obtaining copies thereof, to refer the matter to the Court. The Consolidation Officer shall, on receipt of such application, refer the matter to the Court.

9 Correction of record of rights.

20. On enforcement of the Scheme of consolidation, the Settlement Officer shall cause the existing record-of-rights of the area included in the Scheme to be revised according to the provisions of the Scheme.

CHAPTER V Prevention of Fragmentation Prevention of fragmentation.

21. Notwithstanding anything contained in any law or customs in any areas where a Scheme of consolidation has come into force-

(1) no land shall, at any time thereafter, be partitioned so as to create a new plot less than 5 bighas in size ;

(2) no land shall be transferred, leased or mortgaged so as to create a new plot of less than five bighas in size except to the owner of a contiguous plot or to the State Government or a Land Mortgage Bank or any other Co-operative Society as security for any loan advanced to him by the State Government or such Bank or Society, as the case may be ;

(3) if in consequence of inheritance there are two or more cosharers and each share consists of an area of less than 5 bighas, then unless such sharers agree among themselves to keep the property in common and make a joint cultivation, the sharer disagreeing shall surrender his share, and such sharer shall then get market value of his share as compensation for the share so surrendered, which shall be realised from the co-sharers who elect to retain the land.

Any amount realisable as compensations shall be recovered as arrears of land revenue ;

(4) notwithstanding anything contained in any law for the time being in force, no Court shall hold any sale so as to create a new plot of less than 5 bighas in size.

Penalty for transfer, etc, in contravention of the Act.

Where this provision sits

ActThe Assam Consolidation of Holding Act, 1961 (Single Document)
Section19
JurisdictionState of Assam
StatusIn force as published by the source

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