CourtMesh

Section 21: Action to be taken when there is a contravetion of Section 20

The Assam Fixation of Ceiling on Land Holdings Rules, 1957State Rules of Assam · 1957

(1) If on receipt of the report of the Settlement Officer or the Circle Sub-Deputy Collector under the prec eding rule or from any other information, the Colle ctor or the officer authorised has reason to behave that there has been a contravention of Section 20 in any particular case, then the Collector or the officer authorised shall issue notice upon the transferee to show cause why he should not be rejected under under provisions of Section 21 from the excess land which has been transferred to him in contravention of Section 20.

(2) After giving the tran sferee an opportunity of being heard and taking such evidence as he deems neces sary, the Collector or the officer authorised shall, if he is satisfied that the transaction has taken place in contravention of Section 20 pass order for taking possession of so much of the land acquired under the transaction as is found to be in excess of the limit fixed under Section 4 after taking into account the total area oflands already held by him as well as the land transferred by the transaction.

(3) The Collector or the officer authorised shall, if it is necessary for the purpose oftaking posse ssion under the preceding sub-rule, reject the transferee, his assignee or any other person who may be in occupation of the land on his behalf or through him.

The ejection shall be proceeded by 30 days' clear notice and carried out by selling any

(43) The Land Reforms Acts and Kulcs: Assam building, structure fence or crop thai may exist (In the land. The sale proceeds, after deduction of cost of sale, shall be paid to the transferee or his assignee. If there is no buyer even after due notice, the building, structure, fence or crop shall be purchased tor one rup ee hy the Collector or the authorised officer on behalf ofthe Stale Government and then demolished.

(4) The Collector or the officer authorised shall also forward a copy of his order passed under sub-rule (2) to the Settlement Officer or the Circe Sub-Deputy Collector for necessary correction of records-of-rights.

22. Refusal of m utarlon in case of t ransacti on made in cont r avent ion of Section 20 ;- Any person who prays formutation of name in records ofrights shall state in the mutation petition the total area ami description of the lands already held by him or any member of his family as owner or tenant. the Settlement Officer or the Circle Sub-Deputy Collector:-

(i) shall refuse to sanction mutation in the recodrs-of-rights claimed by virtue of a transaction which. he has reason to believe has taken place in contravention of Section 20; and

(ii) shall report immediately to the Collector or any authorised offi cer, for taking action under Section 2 1, any transaction which, he has rea50:J.S to bel ieve, hns taken place in contravention oftbe provisions of Section 20 '[23. Period for subm ission of return unde r Section 22 :- The period within which the retum shall be submitted under sub-section (I) of Setit'll 22 shall he 60 days from the date of in-heritanee or the bequest or the gift or taking of the prosscssion by a mortgagee under mortgage as the case may be 1[24. Case of lnherl. auce, etc, ~;j ju i i (g within the purview of Sectlon 21 (J.)

to be reported :-The Settlement Officer or the Circle Sub-Deputy Collector shall report to the Collector or the Officer authoris ed any case of inheritance. bequest of gifl to an heir or taking of the possession by a mortgagee under mortgage which according to his information comes within the purview of sub-section (1) of Section 22, for taking necessary action under the provisions of that action.]

(44) The Assam Fixation of Ceiling on Land Holdings Act, / 956

Where this provision sits

ActThe Assam Fixation of Ceiling on Land Holdings Rules, 1957
Section21
Marginal noteAction to be taken when there is a contravetion of Section 20
JurisdictionState of Assam
StatusIn force as published by the source

Find the provision, not just read it

The full text above is free, and it stays free. What a free CourtMesh account adds is everything you cannot do by reading one page at a time:

  • Search 49,000+ Central and State enactments by what a provision says, not by its number
  • Jump from any section to every judgment that has applied it
  • Search 300 million+ Indian court records alongside the statute
  • Ask a research agent to find and read the case law on a provision for you

Free account. No card. About a minute to create.

Create a free account

Need this as data, not as a page? The Assam Fixation of Ceiling on Land Holdings Rules, 1957 is one of 49,000+ enactments on CourtMesh. The Indian court cases API serves the case law that cites these provisions over JSON, with API documentation and plans and pricing. See also the judgment library.