The Assam Land and Revenue Regulation (Amendment) Act, 1946

w The 27th November 1946 No .L .112 5/46/15.-—The following Act of the Assam Legislatu re having been 'ass ented to in His Maje sty’s nam e by the Gove rnor, is hereby publ ished for general info rma tion :— [Received the assent of th e Governor on the 26th November 1946.] ASSAM ACT XI OF 1946 s Pream ble. Regu la­ tion I of 1886. Sh or t title , exte nt and commence­ ment . Amend­ me nt of section 53A of Regula­ tion I of 1886. Insertion of a new sec­ tion 69B in Regulation I ef 1886. “ Attach­ men t of estates pe r­ taining to tel'g ious insti tu­ tions” . TH E ASSAM LAN D AND RE VE NU E (AME ND ME NT) AC T, 1946 [Passed by the Assam Legislature.] (Published in the Assam Gazette o f the 4th December 1946.) An Act to amend the'Assam Land and Revenue Regulation, 1886 {Regulation I o f 1886). Whereas it is expedien t fur the r to amend the Assam La nd and Revenue Regulati on, 1886 (hereina fter referred to as the pr inc ipa l Regulati on), in the manner hereinafte r appea ring ; It is hereby enac ted as follows :•—• 1. (1) This Act shall be called the Assam Land and Revenue (Amendm ent) Act, 1946. (2) It shall have the like e xten t as the prin cipal Reg ula tion . (3) It shall come into force on such da te as the Pro vin cia l Governmen t may, by notification in the official Gazet te, appo int . 2. In sub-section (2) o f section 53A of the prin cipal Re gu lat ion , betw een the words “ may ” and “ app ly ”, the words “ within a per iod of three yea rs o f the date of such orde r ” shall be inser ted. 3. After section 69A of the prin cipal Reg ula tion , the following shall be inserted as section 69B, namely :— “ 69B. (1) When an arrear has accrued in respect of any estat e per tainin g to a religious inst itut ion , the Deputy Comm issioner afte r consultation with the Managing Comm ittee of the religious ins titu tion , if there be any , nfay, with the previous sanc tion of the Commissioner, att ach such estate and may take it under his own manag ement or may let it out in farm . (2) Whenever the Deputy Commissioner atta ches under sub­ section (1) an estate per tainin g to a religious inst itut ion to which anoth er estate or other estates in the same dist rict per tain , the Deputy Commissioner may , with the previous sanction of the Prov incia l Gov ernment, also att ach such other estate or some or all of such other estates, and take it or them under his own manageme nt or let it or them out in farm. (3) Dur ing the con tinu ance of an at tach men t under sub-sec tion (1) or (2), the settlement-holde r, or, when an estate is lakheraj or revenue-free, the lakherajdar or pro prieto r, as the case may be, shall be excluded from possession of the land att ach ed ; and the Deputy Commissioner or the person to w hom it is let in farm by the Deputy Commissioner shall have all the rights of the settlement-holder, lakhe­ rajdar or proprie tor, as the case may be, to man age the esta te or estates and to realise the rents and profits a rising therefrom. V Amend ment Section 78A Regula­ tion X 1886. (4) (t) The incom e of every estat e at tach ed under sub-sect ion (1) or (2) sha ll be applied as follows :—- First ly, to the defray ing of the costs of at tac hm en t, manageme nt and collection in respect of all the estates so at tac hed ; Secondly, to the pay ment of all sums lawfully due to the Gov ern­ ment on account of rev enue or otherwise in respect of any' of the estates under a tta chme nt ; and Thirdl y, to the discharge o f the arr ea r for the recovery of which the a tta chmen t was made. («) Should any surplus rem ain afte r the app rop ria tions as aforesaid , it shall be paid to the person conduc ting the dai ly worship or prayer at the inst itut ion concerned on his furni shing such secur ity as the Deputy Commiss ioner may require. (5) (/) Save as prov ided in clauses («) and (m) of this sub ­ section, every att achm en t under sub-section (1) or (2) shall continue un til the arrears in respect of all the estates so att ach ed are fully realised or pa id. (m) When an estate is released from attach me nt, the Deputy Commissioner shall forthwi th rein stat e the settl ement-hold er, iakhe- rajdar or pro prieto r, as the case may be, in possession : Prov ided that if the Dep uty Commissioner is not satisfied that the futu re manag ement o f any such estat e or estates would be such as would ade qua tely ensure the pun ctual pay ment of futu re dues to Govern­ me nt in respect of such esta te or estates , he may , with the previous sanc tion of the Provincial Gov ernmen t, ma intain the att achm en t of such estate or estates in force un til he is so satisfied. (u7) No att ach me nt shall con tinue for a period longer tha n two years withou t the previous sanction of the Prov incia l Governme nt” . 4. In section 78A o f the principal Regulatio n :— of (1) In sub-sect ion (1) :— (a) the words “ either owning such estat e or a pa rt thereof or o f holding an interest therein by virtue of a title acquired before such of sale” , shall be om itte d, and (Z>) for the words “ on or before the thi rtieth day from the da te o sale ” , the words “ at or before noon on the sixtieth day from the day of sale, r eckoning the said day o f sale as the first of the said sixty day s,” shall be subs tituted. (2) After sub-section (2) the following shall be added as sub-sec­ tion (3), namely :■— “ (3) Nothing in this section shall be deem ed to crea te in favou r of the person making such depos it any title or right to such estate or pa rt of estate, merely by virt ue of the fac t that he has made such deposit or that the sale has been set aside at his ins tance.” H. G. ST OR K, Secy. io the Gov t, o f Assam in the Leg. De ptt .