Ans.~ Land is classified depending upon its use,e.g.,agricultural(salitoli,lahitoli etc),homestead (basti,residential site-I/II )etc. If the usage of land is changed, the class of the land also requires to be changed. The process through which the class of a land is changed from existing one to a new one as per land use is known as reclassification.
Ans.~ Provisions and procedures for reclassification of land are laid down under Rule 23 of the Assam Land Records Manual,1906 and in Assam Agricultural Land(Regulation of Reclassification and Transfer for Non Agricultural Purpose)Act,2015.
Ans.~ No Objection Certificate is required for reclassification or reclassification cum transfer of agricultural land to non agricultural purpose if the land area exceeds one bigha.
No NOC is required for reclassification or reclassification cum transfer of agricultural land to non agricultural purpose if the land area is below one bigha and the purpose of its use is restricted to construction of one's own dwelling house( upto two storeys).
No NOC is required for reclassification of non-agricultural land to other non-agricultural purposes.
Ans.~ The Deputy Commissioner of a District can issue NOC for reclassification/reclassification cum transfer of agricultural land exceeding one bigha and up to the limit of fifty bighas.
For reclassification/reclassification cum transfer of agricultural land to non agricultural purpose above fifty bighas, the Revenue & Disaster Management Department,Govt of Assam is the competent authority.
Ans.~ Such land which is recorded as agricultural land but has already become unfit for agricultural activity for at least 10 years preceding the date of application for NOC shall only be reclassified/reclassified cum transferred for intended non agricultural activity with the prior approval of the Deputy Commissioner.
No agricultural land under cultivation during 10 years preceding the date of application for NOC shall be reclassified/reclassified cum transferred for non agricultural activity by the Deputy Commissioner without the approval of the Government.
For the above mentioned category of land the applicant has to apply in writing to the concerned Deputy Commissioner.
Ans.~ Initially an in principle approval is accorded by the Deputy Commissioner for reclassification/reclassification cum transfer within 30 days from the date of receipt of the proposal from the Circle Officer. The final NOC is accorded after the confirmation of receipt of reclassification premium paid by the applicant.
Ans.~ The rate of premium shall be assessed @10% of the prevailing minimum zonal value of the land in respect of reclassification & @ 15% of the prevailing minimum zonal value of the land in respect of reclassification cum transfer. However if the value of consideration is more than the prevailing minimum zonal value of the said land, premium @ 15% shall be assessed.
Ans.~ No premium is required to be paid for reclassification of agricultural land if the land area does not exceed one bigha and is intended for construction of one's own dwelling house up to two storeys.
Ans.~ There is provision for realization of penalty for putting agricultural land to non agricultural use without obtaining NOC. Such land shall be deemed to have been reclassified upon realization of penalty at following rates:
Ans.~ Provisions under the Bengal Public Demand Recovery Act,1913 shall apply for recovery of premium/penalty as arrear of land revenue.
Ans.~ Provisions of this Act shall not apply to the following category of land :
Ans.~Since the land area is less than one bigha and the land will be used for construction of dwelling house, no NOC is required for reclassification. However you can apply to the concerned Circle Officer for initiating a reclassification proceeding. The Circle Officer shall submit a proposal to the Deputy Commissioner and once the approval is accorded by the Deputy Commissioner, the land records will be corrected. You can obtain a copy of corrected land record and submit it to the Bank authority. The Circle Officer can suo-moto initiate the reclassification proceeding.
Ans.~ You have to see the column 2 of the Chitha ( Field Index register) against the Dag(Plot) number of your land. The copy of Chitha can either be obtained from the Circle Office in hard form or you can view and take a print of it by browsing through the online portal of the Revenue & Disaster Management Department, Govt.of Assam.
Ans.~ Along with the court fee affixed application, the applicant has to furnish one Affidavit to the effect that the land proposed for reclassification/reclassification cum transfer shall be put to the permitted non agricultural purpose within stipulated period. The applicant should also submit a xeroxed copy of up-to-date land revenue paying receipt against the land.
Ans.~ Yes, there are provisions under the Assam Agricultural Land(Regulation of Reclassification and Transfer for Non Agricultural Purpose)Act,2015 for obtaining views/concurrence of the concerned Local Bodies before issuing the NOC.
There exist a District level committee headed by the Deputy Commissioner which examines the bona fide of the proposals on case to case basis and either approves or reject the proposals.