The Assam Land and Revenue Regulation (Amendment) Act, 1947

ASSAM ACT XV OF 1947 TH E ASSAM LAND AND RE VE NU E RE GU LA TION (AM ENDM ENT) ACT, 1947. (Passed by the Assembly) [ R ece iv ed th e a sse n t o f th e G over nor on th e 11 th O cto b er , 19 47 .J [ Published in the Assam Gazette of the 22nd Octobe r, I°47.] An Act further to amend the Assam Land and Revenue Regulation, 1886 Preamb le. t it le Whereas it is expedient fur the r to amend the Assam ^ eg,u}gg(°n Land and Revenue Regulat ion , 1886, here inaf ter called the ° b ‘ said Regu latio n, in the manner here inaf ter app ear ing ; It is hereby enac ted as follows :— 1. (1) This Act shall be called the Assam Lan d and Act, 1947. Short and com- Revenue Regu latio n (Amendment) mencement. (2) It shall come into force at once. 2. To the said Regulatio n, the following shall be adde d n e w as C hapte r X , comprising sections 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170 and 171, na me ly:— Addi tion of a Chapter X, compris ing sections 160 to 171, to Regulat ion I of 1886. ‘CH APTER X Protection of cer tain classes. Protection of backward classes 160. (1) Notwi thst and ing any thin g hereinbefore con­ tain ed, the Provincial Governm ent may ado pt such measures as it deems fit for the protect ion of those classes w ho on accoun t of their prim itive cond ition and lack of educat ion or materi al advanta ges are incapable o f looking afte r the ir welfare in so far as such welfare depends upon the ir having sufficient land for the ir maintenan ce. (2) Th e Prov ihcia l Governmen t ma y, by notifica­ tion in the official Gazette , specify the classes of people whom it considers enti tled to protection by such measures as aforesaid . Con stitu tion 161. Th e pro tect ive measures may include the consti tu- of compact t ;o n o f co mpa ct areas, in regions predom inantly peopled by the classes of people notified un de r the provisions of sub­ section (2) of section 160, into belts or blocks. The boundaries of th e areas so constituted shall as far as possible coincide wi th ma uza boun daries or be otherwise easily distin guish able. Extension o f 16 2. (1) Th e Prov incia l Governmen t may, by notifica- Ch apter X tion in the official Gaz ette , dire ct that the provisions of th is to such Ch apter shall app ly to the areas, or any o f the areas, consti­ tut ed into belts or blocks under the provisions of section 161. On such app lica tion , the di sposal of land by lease for ord inary cul tiva tion , the na tur e and extent of rights conveyed by ann ual or periodic leases, the terminat ion or [ Price annas 2 or 2d.] 2 tv-*- forfe iture of.such r ights, the ejec tme nt of persons in occupa­ tion who have no valid right in the lan d, the man age ment or let ting ou t in farm of l and in ce rta in circumstances by the Deputy Commissioner, and other allied or connected matters shal l, so far as poss ible, be governed by the pro­ visions of this Ch apter and the rules made the reunde r. - Where this is n ot possible, the Deputy Commiss ioner shall be guided by the spir it of the provisions of the foregoing Cha pte rs of the Reg ula tion and the rules mad e the re­ und er. (2) The Provincial Gov ernment may , in like ma nner, dir ect th at the provisions of this Chapt er shall cease to apply to any are a, or areas , or portions of any area or are as, to which they have been app lied under the provisions of sub-section (1). (3) The app lica tion of the provisions of this Chapt er to any area as aforesaid will not affect (a) land settled for special cultivation or purposes anc illary to special cult ivat ion (including grants made for tea cult ivat ion) , (£>) lakher aj, nisfkheraj or special estates settled with non-cul tiva tors for the ir maintenance, which land and estates and the righ ts and interests therein shall cont inue to be governed by the provisions of the fore­ going Chapters of th e Reg ula tion and the rules made the re­ under. Disposal of 16 3. (1) Th e disposal of la nd , in areas to which the 'poses of cul- Pr o v ’s*0 n s ° f this Ch ap ter app ly, for the purpose of tivatio n. ord inary cult ivat ion or purposes anc illa ry the reto, shall be in accorda nce with such policy and procedu re as may be ado pted and direc ted by the Prov incia l Government. _ (2) In adoptin g and directing such policy or procedure the Provincial Governmen t shall take into cons idera tion— (a) the bona fide needs of those who are permanently resid ing in the area on the date of the notification under sub­ section (1) o f section 162, (Z>) the bona fide needs of those who are temporarily residing in the are a, bu t who are sett lement holders of land within the are a, on the aforesaid da te, and who are likely to und erta ke to become permanently resident therein with­ in a reasonable time, (c) the buna fide needs of mem bers of the classes notif ied und er sub-sec tion (2) of section 160, who are living elsewhere in the d istr ict, and (rf) if the extent of cult ivable land ava ilab le for set tlem ent in the belt o r block be large enough, the bona fide needs of oth er classes of persons residing in the neighbour- ( hood of the be lt or block. Preference shall be given to persons whose relig ion, mode of life, agr icu ltural customs and hab its are the more akin to those of the classes for whose pro tec tion the belt or block was constitu ted . settlement0* ^ 4 . W A sett lem ent hold er other than a landholder holders and shall have n,o right s in the land held by. him beyond land - such as are expressed in his s ettl ement lease. holders. k - L- 3 Ej ec tm en t an d ev ic tio n. Im m un ity. (2) A landho lder shall have a right of use and occupancy in the land held by him subject to any restric tions or modifications presc ribed in rules made under this Ch apter , and to the provisions of section 9. (3) The right s of a land holder derived from a periodic lease in respec t of land to which the provisions of this Ch ap ter have been app lied , and issued before the da te o f the notification under sub-section (1) o f section 162 shal l, for the perio d during which the area remains subject to the provisions of the Chapter, be the same as described in sub-section (2). 165. (1) In the case o f unsettle d land, any person who witho ut valid autho rity has encroached upon or occupied it shall be liable to ejec tment forthwi th. (2) In the case of annual ly settl ed lan d, persons oth er than set tlem ent holders, members of the ir families and hire d servants , if found in occ upa tion thereof, shall be liab le to ejectment for thw ith. Th e sett lement, wi th the sett lem ent holder shal l, unless terminated ear lier for infr inge men t of th e conditions of the lease or for any action con trary to or inconsis tent with the rights confe rred on him by the lease, automatic ally terminate at the end of the period covered by the lease. (3) (a) In the case o f per iodically settled land, persons who have ente red into occupa tion withou t valid authority from the land holder o r whose entr y or occupa tion is or has com e about in a ma nner inconsis tent wi th the provisions of this Ch apter shal l be liab le to eviction. (6) Such eviction shall be preceded by service of no tice requir ing the occu pant s to vacate the land, and to remove all building s and other cons truc tions ere cted, and crops raised, within a p eriod not exceeding one mo nth from the da te of receipt o f the notice. (c) The Deputy Commiss ioner may , afte r the persons concerned have evacuated or been evicted from the land , take the land under his own m ana gem ent , or may let it in farm , for such perio d as he thinks fit, bu t shall give the landho lder a reasonable opp ortu nity of underta king in writ ing that he will do everything in his power to prevent una uthori sed occupat ion by oth er persons in future , and of agreeing in writ ing tha t, on his failure to do so, he will forfeit his r ights and status of a land holder in respect of the land. If satisfied with an und erta king and agre ement as aforesaid, the Deputy Commissioner shall accept them , and they shall be deem ed to govern the landhold er’s futu re rights and status in respect of the land, and the land shall the n be restored to the landholder. If the landho lder sub­ sequently contravenes the underta king as a foresaid, or any of the provisions of section 9, he shall be liab le to forfe iture of his rights and status in respect of the lan d, which will then be available for sett lement afresh, subjec t to any lawful encumb ranc es subsisting upon it. 166. No suit shall lie aga inst any pub lic serv ant for any thin g done by him in good faith under this Cha pter. dktion?UrlS" 167. No Civil Court shall exercise jur isd ict ion in any of the matters covered by this Chapt er. 4 Investment 168. The Provincial Governmen t may, by notification of powers. jn t jl e official Gazette , invest any Revenue Officer with the powers of the Deputy Commissioner under all or any of the provisions of this Ch apter within such limits, with such restr ictions and for such period as may be specified, and may w ithd raw from any such Officer any of the powers so conferred upon him. Appeals . 169. (1) An appeal shall lie under this Ch apter :— (a) to the Deputy Commissioner, from any origina l ord er passed by any Officer subo rdinate to him, and (Z>) to the Revenue Tr ibu na l, from any original order passed by a Dep uty Commissioner. (2) Except in regard to orders rela ting to per iod i­ cally settled land , an ord er passed on appeal und er sub­ section (1) clause (a) shall be final. (3) In regard to orders relatin g to periodical ly settled land an appeal will lie to the Revenue Tr ibu na l from an app ella te order of the Deputy Commissioner. Revision. 170. Th e Revenue Tribunal or the Deputy Commis­ sioner may call for the proceedings held by any Officer subo rdinate to it or him, and pass such order s thereon as It or he thinks fit. Rules. 17] . Th e Provincial Government may , by notifica tion in the official Gazette , make rules for the purpose of car ryin g ou t the provis ions of this Ch ap ter” . 1 A.G.P. (Leg. ) No.28— 1,000+35—3-2-1943.