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 Re-Classification.
Provision of Law/Act/Rules:
- Rule 23 of the Assam Land Records Manual,1906
- Assam Agricultural Land(Regulation of Reclassification and Transfer for Non Agricultural Purpose)Act,2015
Requirement of No Objection Certificate (NOC):
- No Objection Certificate (NOC) is required for Re-Classification or Re-Classification cum transfer of agricultural land to non agricultural purpose if the area of land exceeds one bigha.
- No NOC is required for Re-Classification or Re-Classification cum transfer of agricultural land to non agricultural purpose if the area of land 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 Re-Classification of non-agricultural land to other non-agricultural purposes.
Competent authority to issue NOC for Re-Classification:
- The Deputy Commissioner of a District can issue NOC for Re-Classification/Re-Classification cum transfer of agricultural land exceeding one bigha and up to the limit of fifty bighas.
- The Revenue & Disaster Management Department, Govt of Assam is the competent authority to issue NOC for Re-Classification/Re-Classification cum transfer of agricultural land to non agricultural purpose above fifty bighas.
Whom to apply for Re-Classification:
- The Applicant has to apply in writing to the concerned Deputy Commissioner.
- Documents/Particulars required to be furnished along with the application for obtaining NOC for Re-Classification
- Along with the court fee affixed application, the applicant has to furnish one Affidavit to the effect that the land proposed for Re-Classification/Re-Classification cum transfer shall be put to the permitted non agricultural purpose within stipulated period.
- The applicant should also submit a photocopy of up-to-date land revenue paying receipt against the land to be Re-Classified.
Category of agricultural land that can be Re-Classified:
- 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 Re-Classified/Re-Classified 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 Re-Classified/Re-Classified cum transferred for non agricultural activity by the Deputy Commissioner without the approval of the Government.
Time taken for Re-Classification of one's agricultural land:
- The Deputy Commissioner (as in principle) accords approval for Re-Classification/Re-Classification 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 Re-Classification premium paid by the applicant.
Rates of Re-Classification Premium:
- The rate of Premium shall be assessed @ 10% of the prevailing minimum zonal value of the land in respect of Re-Classification.
- The rate of Premium shall be assessed @ 15% of the prevailing minimum zonal value of the land in respect of Re-Classification 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.
- No premium is required to be paid for Re-Classification of agricultural land if the area of land does not exceed one bigha and is intended for construction of one's own dwelling house up to two storeys.
Penalty for putting agricultural land to non agricultural use without obtaining NOC:
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 Re-Classified upon realization of penalty at following rates:
- For land which has not been cultivated at least for last ten years : @2x reclassification premium chargeable while according NOC.
- For land under cultivation during the period of ten years: @5x reclassification premium chargeable while according NOC with prior approval of the Govt.
Agricultural land exempted from the purview of the Assam Agricultural Land (Regulation of Re-Classification and Transfer for Non Agricultural Purpose) Act,2015. Provisions of this Act shall not apply to the following category of land :
- Land under GMC/Municipality Board/Town Committee.
- Land owned by State Govt./Central Govt./Govt. Agencies/Corporations so long as the land is used for official purpose and not used or transferred for commercial purpose.
- Land owned by Local Authority and not used/transferred for commercial purpose.
- Land under tea cultivation.
- Land used for religious/charitable purpose.
- Land used for Aquaculture/Animal Husbandry including poultry/duckery.
- Land used for construction of dwelling house to the extent of 1 Bigha.
- Land within Industrial Zone.
- Land used for such other purposes as may be notified by the Govt. from time to time.