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Government Of Assam Revenue & Disaster Management DIRECTORATE OF LAND REQUISITION ACQUISITION & REFORMS

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FIXATION OF CEILING ON THE LAND HELD BY THE TEA GARDEN

  • FIXATION OF CEILING ON THE LAND HELD BY THE TEA GARDEN
    (For special Cultivation and ancillary purpose there to as per the Ceiling Act, 1956 (as amended)

    1. With the inclusion of the Company,corporate body within the meaning of person by the Amended Act, 1971, the excess land of the Tea garden also came under purview of the Ceiling Act. The Ceiling limit of 50 bigha in respect of ceiling cases of individual is not applicable in respect of Tea Estate, land held and actually utilised by the tea garden authority i.e. land under actual tea plants are exempted from the operation of ceiling limits as per the Amendment Act, 1971. Lands utilized for ancillary purposes for special cultivation of Tea are not included in ceiling limit. It has been left to the discretion of the State Govt. to allow more lands to be held for ancillary purposes and for increase in area under special cultivation of Tea.(as per Section 4 (2) of the Ceiling Act.).
    2. Purposes ancillary to special cultivation shall mean the following:-
      • Land used for factory building.
      • Land used for staff bildings including labour line.
      • Land used for roads, bridges, and drains witin the Tea- Estates.
      • Land used nurseries including shade trees.
      • Land used fo hospitals, dispensaries, creches, recreation centes and play grounds.
      • Land sed fo religious institution, burial or cremation ground.
      • Land used for any other bilding built by management as a statutory requirement under any law for the time being in force.
      • Land used fo seed bari.
      • Land used as may be needed for rotational plantation to maintain the planted areas as on the commencement of this Act but not exceeding 7 (1/2) pecent of the planted area.
      • Lands lying within the boundaries of the actal planted area excluding tenanted khet lands.
      • Lands used fo bamboo baris but not exceeding 50 bighas.
    3. It has been laid down in Rule 5A (1) (The Assam Fixation of Ceiling on Land Holdings Rules, 1957)- in special cultivation of Tea, if no land has been used following ancillary purposes (after verification unde Rule 5):-
      • Factory Bildings
      • Staff Buildings and Labour Lines
      • Hospitals and Dispensaries

      then the collector may allow more land to be held for these ancillary purposes but not exceeding the following limits:-

      • Factory Bildings - 2 hectares
      • Staff Buildings and Labour Lines - 4 hectares
      • Hospitals and Dispensaries - 2 hectares
    4. Unde Rule 5A (2), the Collector shall determine the land to be allowed for increase in the area under special cultivation of Tea under provisions of Section 4(2) of the Ceiling Act on the following basis:-
      • where in a Tea-Estate, the total planted area is less than 120 hectares, the allowable land shall be 50 percent of the planted area; provided that the area thus allowed together with the planted and specified ancillary purposes shall not be less than 10 hectares.
      • where in a Tea-Estate, the total planted area is above 120 hectares but less than 400 hectares, the allowable land shall be 30 percent of the planted area;
      • where in a Tea-Estate, the total planted area is above 400 hectares but less than 800 hectares, the allowable land shall be 20 percent of the planted area;
      • where in a Tea-Estate, the total planted area is above 800 hectares, the allowable land shall be 15 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 pwhere additional land is allowed under this sub-rule, the person shall give an undertaking in writing that he will not divert such land for another purposes and that it will be used only for increase in area under special cultivation of Tea.
    5. Acquisition of excess land of the tea garden i.e. Ceiling surplus land of the tea garden after publishing the final statement by the collector will make the status of such land as ordinary Govt. land. Before publication of the Final Statement, selection of land is required to be indicated in the Ceiling Returns i.e. option should be given showing the retainable part of the tea garden and land to be surrendered. If the same is not indicated, the collector may select the land to be taken over.
    6. Govt. had formulated policy to settle the land to the eligible tea garden under occupation of Ceiling Surplus land on payment of premium at the rate of 200% of the prevailing market value of land. Very few tea gardens have come forward for settlement of land encroached by them. To deal with the situation firmly, Govt. has imposed fine @ Rs. 200/- per bigha of encroached land per annum whether eligible for settlement or not until encroachment in cleared. This fine shall be realised as arrear of land revenue each year. This may be assessed to as land revenue and included in the Annual Doul (Annual Demand of land revenue).
    7. The proposal for settlement of such land on recommendation of District level Land Advisory Committee should be sent to the Govt. Non-Settlement of land for long time, may cause loss of huge amount of revenue which could have been earned earlier by the Govt.
    8. If the Tea garden authority is reluctant to get settlement of the ceiling surplus land as encroached by them, the land should be made free through eviction or arrangement may be made for disposal of such land by giving allotment/settlement to the deserving landless persons like ex-tea gardens workers who are very poor, socio-economically backward, landless and whose means of livelihood depend only on cultivation.
    9. Ceiling surplus land suitable for special cultivation for the purpose of allotment to the Small Tea Growers may be identified on the basis of suitability report as obtained from the State and Central Govt. agencies concerned. The maximum limit of land for allotment to the Small Tea Growers is 4 hectares for individual and aggregate of the holdings of the number of members in case of registered Co-operative Society. D.C’s are entrusted with the responsibility to send proposal to the Govt. on recommendation of the District Level, Advisory Committee and arrange for realisation of premium for settlement of such Ceiling Surplus land @ rate of 33 1/3% of the prevailing market value of land. Utilization of such land only for special cultivation of Tea within 3 years of allotment is the pre-requisite condition for eligibility to get settlement.