( I) If the return under the precedingrule isnot submitted within the period prescribed in that rule, then the Collector shall obtain the information prescribed in sub-rules (2), (3) and (5) 2 of the preceding rule through the agency of the Settlement Officer and his staff where a settlement operation is in progress, and through the Circle sub-Deputy Collector and his staff where no such settlement operation is in progress, or through any such Government agency that the State Government may, by order, direct,
(2) Thc Settlement Officer or the Circle Sub-Deputy Collector, as the case may be, shall also furnished the Collectorwith the following information, namely-
(a) the plot number. location and area (not exceeding the limit fixed under Section (4) of the land which he recommends for retention with the person;
(bjthe plot number. location and area of the excess land which he recommeds for acquisition by the State Government; and
(c) the description of the building structureor crop that may exist in any part of the excess land ment,ioned at (b) above and the plot number and location of such land.
(3) The Collector may further proceed to get the person who fails to submit the return furnished under sub-section (2) of Section 34.
5. Verificat ion under Section 7 (I) ofthe Intormatiou given in the retu rn-s- Where a retum is submitted duly under rule 3, the information contained therein may be verified through the agency of the settlement officer and his staff where a settlement operation is in progress, and through the Circle Sub-Deputy Collector and his staffwhereno such settlement operationis inprogress or through anysuch Government agency that the State Government may, by order direct.
(33) The Laud Reforms Acts and Rules .' Assam SA. Grant of land for ancillary pruposes for increase in area under pedal cultivation of tea- I) In respect ofa person holding land for special cultivation of tea. ifthe verification under Rule 5 revea ls that no land has been utilised fora) factory buildings;
b) staff buildings and labour lines;
c) hospitals and dispensaries;
then the Collector may allow more land to be held for these anc illary purp oses but not excceeding the following limitsa) Factory buildings 2 hec tares;
b) Staff buildings and labour line - 4 hectares;
c) Hospi tals and dispensaries - 2 hectarics;
Provided that the Collector may impose a condition that where such lands allowed under these rules are not utilised for purposes for which they have been allowed within a period of three years such land s shall be deemed to be not needed lor the purposes for which they have been allowed and liable for acquisition under the Ceiling Act.
SA (2) The Collecto r shall dete rmine the land to be allowed for increase in the area under specia l cultivation of tea under proviso to sub-section 2 of Section 4 of the Act on the following basisa) where in a tea estate, the total planted area is less than 120 hectares.
the allowab le land shall be 50 per cen t of the plant ed area;
Provided that the area thus allowed togetherwith the planted and specified ancillary purposes shall not be less than 10 hectares.
b) where in a tea esta te, the total planted area is above 120 hectares but
(34) rile Assam Fixation of Ceiling em Land Holdings Act, 1956 less than 400 hectares-30 percent of the planted areas;
c) where in a tea estate, the total planted area is above 120 hectares but less than 800 hectares-20 percent of the planted areas;
d) where in a tea estate, the total planted area is above 800 hectares-I f percent of the planted area ;
Provided that the land allowed under this sub-rule in respect of a tea estate shall be allowed to be held in that tea estate only;
Provided further that where additional land is allowed under sub-rule (2) the person shall give an undertaking in writing that he will not divert such land for an other purposes and that it will be used only for increase in area under specia l cultivation of tea.
5 B. Procedure to be followed in cases failling under Section 4 (5) and 4
(6) :- Where any person transfers or partitions any land in violation of Section 4(5) and!
or Section 4(6) and the land remaining with him is less than the excess determined under provisions of the Act, the deficiency shall be acq uired from the possession of his transferees or their successors in interest in the following manner-
(a) Ifthere is only one transferee-land to the extent ofthe deficiency;
(b) If there are more than one transferee-land or the same proportion as the land transferred to each of these transferees so as to aggregate in the total of the diticiency.
Provided that the transferee shall be given the option to indicate the plot or plots to be acquired under the provisions of this 11l1e.
6. Manner of the service of th e draft statement sub-section (2) of Section 7- ( I) The draft statement prepared by the Collector under sub-section (I ) of Section 7 shall, as far as prac ticable, be in Form A or Form A ( I) as the case may be.
(2) The Collector shall serve the draft statement on the person holding the excess land by tendering and delivering a copy there of to his duly authorised agent.
(35 ) Tile Lund Reforms .-1(."( \. und Rules : A SS Ci111
(3) If such person or his agent be found absent, then the darft statement shall be delivered to any adult member of the house iu which he ordinarily resides.
Provided that in the cases covered by the sub-rule (2) and (3) above, the serving officer shall require the signature of the reception to be given in the body of the returnable copy in token of acknowledgement or'receipt of the copy served on him.
(4) If such person ordinarily resides outside.thejurisdiction of the Collector, then draft statement may be srved by posting a copy to him by registered post, and such posting shall be deemed to be sufficient service.
(5) If "U1:h person or his 1L~e!lt or any adult member of a house be found unwillling to accept the <ira ti statement or to sign acknowledgement or avoids service, or if he resides ordinarily outside the jurisdicti: ,fj of the Collector and his address is not known, then the draft statement may by served be affixing ~ copy thereof in some conspicous part or the land to whicl-the darft statement relates :
PI'(' \ ided tlnu in cases covered b:r this sub-rule, a reunn by a serving officer statig the date of such service attested by two persons present at the time of service shall be sufficient proof of service.
7. Manner or ser vice unde r Section 10 of t ile copy of the notification of acqutsltion : The copy of'thc notification ofacquisition of excess land published under Section 8 shall be served by the Collector on thc person holding such excess land in the manner laid down in Rule 6 above.
8. Period within which an y building. cr op. ete., shall he removed un der Section 12 (b) from the acquired land : The Collector or any other officer authorised by the State Government sh:1I1as SOOIl as possible after the publication of the Final statement under sub-section 5 of Section 7* serve a nctice under sub-section (b) of Section 12 calling upon the owner of any building, structure or crop that may exist on the acquired land tu remove it within 90 days of the setvice ofthc notice and stating therein that if it is not removed within the specified period of 90 days, then such building structure or crop shall be sold in public aution.
_____."__. ... _ _ ..M • ..
"Amended vide Notificat ion No.RRT 247/75/ 12 dtd 25-6-1 980 (3 6) Tlw Assam Fixation ofCeiling 0 11 Land Jh,friir;gs Act, 1956
(2) The Collector 01' the officer authorised shall ifit j; not removed within the specified period of 90 days, sell it in public acution after deducting the cost of auction, if any,pay the sale proceeds thereof tc the person owning it along with the compensation, if any payable to him under sub-section (a) or (cjofSection 12, If there is no buyer then the Collector or the authorised officer shall purchase it for one rupee and then demolish it.