Assam Reclassification of Land

In Assam, the land is classified as agriculture (salitoli, lahitoli) and homestead (Basti, residential site-I/II) based on its uses. The usage of property can be changed by taking prior permission from the competent authority in the state. If the usage of land is changed, the class of the land also needs to be changed. The process through which the class of land is changed from an existing one to a new one is known as land reclassification. In this article, we look at the procedure for Assam reclassification of land.

Governing Laws

Rule 23 of the Assam Land Records Rules, 1906 and Assam Agricultural Land (Regulation of Reclassification and Transfer for Non-Agricultural Purpose) Act, 2015 regulate the process of land reclassification in Assam.

No Objection Certificate (NOC)

Deputy Commissioner and Revenue & Disaster Management Department are the competent authority for land reclassification in Assam. The land owner who tends to reclassify the land should get permission from the concerned authority. Approval will be provided in the form of No objection certificate (NOC). This certificate is required for reclassification or reclassification cum transfer of agricultural land for non-agricultural purposes if the area of that land exceeds one bigha. No NOC is required for the following purposes:

Reclassification of agricultural land for non-agricultural purpose if the area of land is below one bigha and the land use is restricted to construction of one's own dwelling house (up to two storeys).
Reclassification of non-agricultural land to other non-agricultural purposes.

Prescribed Authority for Land Reclassification

The Deputy Commissioner of a District will issue NOC of agricultural land exceeding one bigha and up to the limit of fifty bighas. The Revenue & Disaster Management Department, Government of Assam, will issue NOC for land above fifty bighas.

Lands Liable to be Reclassified

Following categories of land can be reclassified according to the rules as mentioned earlier.

Lands which are recorded as agricultural land but have already become unfit for agricultural activity for at least ten years preceding the date of application for NOC will only be Re-Classified with the prior approval from the Deputy Commissioner.
Agricultural land under cultivation during ten years preceding the time of application for NOC will be Re-Classified with the prior approval from state Government.

Exempted Lands

Agriculture land exempted from reclassification under Agricultural Land (Regulation of Re-Classification and Transfer for Non-Agricultural Purpose) Act is given below:

Land under GMC, Municipality Board or Town Committee
Land owned by State or Central Government or Government agencies, Corporations so long as the land is used for the 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 the religious/charitable purpose.
Land used for Aquaculture/Animal Husbandry including poultry.
Land used for the construction of a dwelling house to the extent of one Bigha.
Land within Industrial Zone.
Land used for such other purposes as may be notified by the Government from time to time.

Eligibility Criteria

Eligibility criteria to apply for NOC for reclassification of agriculture land are given here.

Only patta holders can apply for reclassification and reclassification cum transfer.
Multiple co pattadars of the same patta can apply for land reclassification

Note: Multiple patta is not allowed in one application and Power of attorney can’t apply for reclassification

Reclassification of part dag area

In case of part reclassification of land above one bigha, another the part of land must be partitioned in Dharitree then only the NOC will be issued.

Premium for Reclassification

The rate of premium payable for land reclassification is given here:

The rate of Premium will be 10% of the prevailing minimum zonal value of the land for Re-Classification.
The rate of Premium will be 15% of the prevailing minimum zonal value of the land for Re-Classification cum Transfer.
If the value of the consideration is more than the prevailing minimum zonal value of the said land, premium @ 15% will be assessed.
No premium is required 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.

Applicable Fee

User charges for re-classification and reclassification cum transfer are given below:

Sl.No	Bighas	Fee
1	Up to first 3 bighas	Rs.2000
2	More than 3 bighas up to 10 bighas	Rs.50 per additional bigha
3	More than 10 bighas up to 50 bighas	Rs.100 per additional bigha
4	Above 50 bighas	Rs.150 per additional bigha

Documents Required

Documents required for obtaining NOC for Re-Classification in Assam are tabulated here:

Application form with court fee
Affidavit
Photocopy of up-to-date land revenue receipt (Khajana Receipt)
Photograph of seller
Voter ID/passport
Land Patta
Power of attorney (if applicable)
PAN/TAN card
GMC/GMDA/Municipality/Community Receipt
Occupancy certificate in case of flat

Processing Time

The Deputy Commissioner accords the approval for Re-Classification or Re-Classification cum transfer within 30 days from the date of receipt of the proposal from the Circle Officer, and the final NOC is accorded after the confirmation of receipt premium paid by the applicant.

Application Procedure for Reclassification

Procedure to apply for reclassification of agriculture land for non-agriculture purposes is given here. Step 1: Applicant will have to make an application in prescribed format to the Deputy Commission under whose jurisdiction the land is suited. Provide following details in the application form:

Particulars of land
Justification of the proposed reclassification or reclassification cum transfer

[pdf-embedder url="https://www.indiafilings.com/learn/wp-content/uploads/2018/09/Reclassification-Application.pdf" title="Reclassification Application"] Step 2: Submit an affidavit stating that the land intended for Re-Classification/Re-Classification cum transfer will be put to the permitted non-agricultural purpose within a stipulated period. Note: If the total area is above 50 bighas, the DC will send the proposal to the Government after getting approval from Revenue Department, DC will process the application. Step 3: DC will call for a report from Circle officer after verification of land Circle officer will send a report to DC within 15 days. Step 4: District level committee headed by DC will verify all land related documents and check the proposed non-agriculture activity with the prevailing rules and regulation. Step 5: Once the in-principle approval for classification or reclassification cum transfer is accorded, the landowner (applicant) need to pay applicable premium and fee within 30 days from the date of receipt of approval. Note: Challan can also be submitted. Step 6: After payment of a fee, the deputy commissioner will issue NOC for reclassification of agriculture land for the Non-Agriculture purpose. Circle inspector will reclassify the agriculture land into appropriate non-agriculture class and make necessary entries in the land records. Registrar of Land Registration will register the Deed of transfer after the reclassification by the circle officer.