The Assam Land and Revenue Regulation (Amendment) Act, 1962

81 ASSAM ACT No .X XI I OF 1962 1’HE ASSAM LAN D AND RE VE NU E RE GU LA TION (AM ENDM ENT) AC T, 1962 (As passed by the Assembly) (R eceive d the as se nt o f the Go vernor on t he 4th Se ptem be r, 1962) [Published in the Assam Gazette, Ex traord ina ry, dated the 5th Sep tem ber 1962] An Ac t fu rt her to amen d the Assam Lan d and Revenue Regulat ion, 18 86 Preamble Whereas it is expedie nt to aboli sh the appella te and revisiona ry powers of the Commissioner and otherwise amend the Assam Land and Revenue Regu- (Regji a tion latio n, 1886 here inaf ter call ed the “ Reg ula tion ” in i os 1886) the ma nner her einafter appeari ng ; It is here by ena cted in the Th irteenth Year of the Republ ic of Ind ia as follows :— Sho rt title, extent and commence­ ment . 1. (1) This Act may be called the Assam Land and Revenue Regulat ion (Am endment) Act , 1962. a (2) I t shall have the like extent as the Assam Land and Revenue Regulati on, 1886. (3) It shall come into force on such da te as the Sta te Governme nt may , by notification in the Official Gazet te, appoin t. Amendment 2. In section 3 of the R egu lation, afte r clause (m) ofRegula3 *he following shall be inse rted as c lause («), name ly: — 1*886. “ («) ‘ Board ’ means the Assam Board of Revenue constituted under the Assam Board of Revenue A ct, 1959 o r und er any statutory re- ena ctm ent or modification ther eof .” Amendment 3. In section 79 of the Reg ulation :— of section lV ^n^o f (1) for the words “ Commissioner or (where 18£6.n ° ther e is no Commissioner) to the Sta te Governme nt” the words “ Deputy Comm is­ sion er” shall be subs titu ted ; (2) in the first proviso, for the words “ Com­ missioner or the S tate Governm ent (as the case may b e)” the words “Deputy Com­ missioner” shall be subs tituted. 32 4. In section 80 o f the R egulation, in sub-sectionAmendment 80 ofKegu- (2) f° r th e words “ Sta te Governmen t or Gommissio- lst ion I of ne r” the words “Deputy Commiss ione r” sha ll be 1886. subs tituted. Amendment 5. In section 81 of the Regulati on, for the words of section “ Sta te Government” the word “B oard” shall be su b,dtu .ed . 1886. Amendment 6, In section 82 of. he Regulat ion, in sub-sec ' 82 SofR °n t *o n ^ )> f° r the words “ Commissioner or the Sta te gulat ion I Go ver nm ent ” the words “ Dep uty Commissioner’ of 1886. shall be subst itu ted . Amendment y. In section 85 of the Reg ula tion , in the proviso SfCR°n s u k-sect ion (3), for the words “ Sta te Go vernm ent” gulation6! the word “ Board” shall be substitu ted, of 1886. -r Amendm ent 8. In section II7 of the Reg ula tion , for the words of ^section u Commissioner of the Division, or where there is no gulation I Commissioner, to the Sta te Gover nment ” the word of 1886. “Board ” shall be substituted. Amendment 9. In section 128 of the Reg ula tion , after sub- SCrtn'>n section (3) the following shall be add ed as sub-sec- cf 1886. 9<(4) Subject to the gen eral con trol o f the Sta te Governm ent, all Revenue Officers shall be subord ina te to the Board and shall exercise all the powers conferred on them by or under this Reg ula tion subject to its con tro l.” Substi tution io . For section 130 of the Reg ula tion the follow- lfoo^Re- *n ® shall be subs tituted, na me ly:— gulation I of 1886. “ Power of superior reve nue auth ori­ ties to with ­ draw and transfer cases. Amendment of section 140 of Re­ gula tion t at 1886 130. The Board or a Deputy Commissioner or Subdivisio nai Officer ma y withd raw any case pen ding before any Revenue Officer sub ord ina te to it or him and eith er dis­ pose of it i tself or himself or refer it for disposal to any oth er Revenue Officer sub ord ina te to it or him and having power to dispose of the sam e.” II . In section 140 of the Regulatio n, for clause (a) the following shall be sub stituted, namely :— the Board may hold Court at an} place within the Sta te of Assam ; 83 Amendment 12. In sub-section fl ) of section 141. of the Regu- <?41 s e ftj,o n lati on, for th e words “ Sta te Government” , the word gulation**! “B oard” shall be subs tituted. of 1886. (2) In sub-sec tion (2J of section 141 of th e Regu­ lat ion , between the words “as” and “such” the word “ the Board or” shall be sub stituted. Substitut ion 13. Section 142 of the Regulat ion shall be i42Se<of°n substitu ted by the following, na me ly:— Regulation I of 1886. “ Power to fine person summoned for non- attendance. Amendment of section 143 of Regula tion I of 1886. 142. If any person fails to comply with in the time fixed by a notice served on him with any requisition made upo n him under section 141, the Board or the Officer, as the case may be, mak ing the requ isition may impose upon him such dai ly fine as they or he thinks fit, not exceeding fifty rupees, unti l the requisition is complied with. Prov ided that, whenever the amount levied under an order und er this section passed by an Officer exceeds five hundred rupees the Deputy Commiss ioner shall report the case to the Board and no fur the r levy in respec t of the fine shall be made othe r­ wise tha n by authority of the Board .” 14. In section 143 of the Regulati on, in sub­ section (1) the words “ a Comm issioner of a Division” and the following com ma shall be dele ted. Subs titution 15. po r section 147 of the Reg ula tion thf l47Se<of°n following shall be substitu ted, nam ely : — Regulation I o f 1886. 4- Authority to whom appeals lie. 147. Appeals snai l lie under this Regulatio n fo llo ws: — as (a) to the Board from order s, orig inal o app ella te passed by a Deputy Commis­ sioner, Settlement Officer or Survey Officer ; (A) to the Depu ty Commissioner, from orders passed by a Subdiv isional Officer, an Assistant Commissioner or Ex tra Assis­ tant Comm issioner ; (<} to the Settl ement Officer, from order? passed by an Assistant Set tlem ent Officer ; I 84 (d) to a Survey Officer, from orders passed by an Assistant Survey Off icer : Provided that no appeal shall lie aga inst the fol low ing or der s: — (?) order s of an Assistant Sett lement Officer or Assistant Survey Officer under sections 21 and 22 ; Gt) orders o f a Survey Officer or Set tlem ent Officer— (1) under sections 21, 22 and 24 ; (2) app orti oning the expense or erect ing and rep air ing boundary-m arks in acco rdan ce with rules made under section 27 ; (tit) order s of a Survey Officer, Set tlem ent Officer or Deputy Commissioner, ori gin al or appe lla te, imposing or conf irming a fine not exceeding fifty rupees ; (ip) orders of a Dep uty Commissioner under section 79 setting aside or refusing to set aside the sa le ; (p) any decision given in accorda nce with an award of arbi tra tor s app oin ted under section 143, except in the case of frau d or collusion ; (pi) order s und er section 148, adm itti ng an appea l after the period of l imi tation has expired ; (aii) orders expressly dec lared by this Regu­ lation to be final subject to the provis ion of section 151.” X AmenSment 16. In section 148 of the Re gu lat ion ;—• of section 148 ° 9 M 8886.ta n (1) For sub-section (1) the following shall be sub stituted, namely :— “ (1) Unless otherwise specia lly pro vid ed in this Reg ula tion , or in rules issued under this Regulatio n,— (a) no ap pe al und er section M7, clause (a) shall lie afte r the expirat ion of 2 mon ths from the da te of the order appealed ag ai nst ; 85 (b) no appeal under same section , clauses (b), (c) and (</) shall lie afte r the expiratio n of thirty days from the date of the order app ealed aga inst .” /2) in sub-section (3), for the word “T ri ­ bu na l” the word “ Board” shall be substitu ted. Amendment I7. In section 149 of the Reg ula tion , for the word of section “ Tribu na l” the word “Boa rd” sha ll be substituted. I49 ot Regu­ lation I of 1886. Substitution 18. For section 151 of the Reg ula tion , the follow- ofsecbcm^l jn g s]l a u jj e substitu ted, na mely:— tion I of 1886. “Power to i51. The Boa rd, a Deputy Com miss ioner, a p r°f Set tlem ent Officer and a Survey Officer subordinate l r a y c a ^ f° r t ^e proce edings held by any officers. officer sub ord ina te to it or him, and pass such orders ther eon as it or he thinks fit.” Deletion of section 158 of Regula­ tion I of 19. Section dele ted. 158 of the Reg ula tion shal l be 1886. i- Amendment 20. In section 169 of the Regulat ion, in sub-sec- of^R egu la- t 'o n s (1) W and (3 ), for the words “ Revenue tion I of Tribu na l” the word “B oard” shall be substituted. 1886. Amendment 21. In section I7O of the Reg ula tion , for the ° sec t'°’’ ^7 words “Revenue Tr ibun al” the word “ Board” shall tion I of be sub stituted. 1886. Board ’ 22. Any proceedin g under the R egu lation pen ding hearCr /■t0 be f°r e Comm issioner immedia tely before the da te proceed” commencement of this Act shall be deem ed to 0 ’ hav e been ins titu ted before the Board , and shall be dec ided as if it were duly ins titu ted before the Board .