CIVIL

Restrictions on alienation of land in favour of non- Indians in Assam

The Assam Alienation of Land (Regulation) Act 1980

 

sec 4. Restrictions on alienation

No person shall without the previous sanction of the Collector obtained in such manner as may be prescribed, make 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 may be, are not citizens of India, or which is incorporated, formed or register outside India.

alienation” in relation to any land (includes building or structures thereon and any right therein) means the transfer of such land by sale, mortgage, lease, exchange, gift, will or otherwise;

sec 7. Declaration of alienation to be void etc

(1) Whenever it appears to the Collector that any alienation of land has been made in contravention of the provisions of Section 4, he may issue a notice in Form E to the transferor, the alienee and any other person in possession or control of the land alienated to show cause why the alienation should not be declared to be void and of no effect and why the land alienated should not vest in the State Government from the date of alienation free from encumbrances and why direction should not be issued for delivery of possession of the land to the State Government.

(2) On receipt of a notice under the preceding sub-rule, anyone or more of the persons served with notice may adduce such facts and evidences as he or they, as the case may be, likely/like to adduce to show that the alienation did not contravene any of the provisions of Section 4.

(3) On receipt of the show cause and on going through the facts and evidence adduced and on hearing any one or more of them, as the case may be, pass an order either-

(a) vacating the order issuing the notice, when he finds that the alteration did not contravene any of the provisions of Section 4, or

(b) declaring that the alienation is void and of no effect that the land alienated stands vested from encumbrances in the State Government with effect from the date of alienation.

 

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