THE ASSAM LAND HOLDING (ADOPTION OF RELATIONSHIP UNDER THE ASSAM LAND AND REVENUE REGULATION, 1886 IN THE ACQUIRED PERMANENTLY SETTLED ESTATES) ACT, 1974

- ASSAM ACT I OF 1975 [ Received the assen t of t:be President on the 18th January 1975 ] THE ASSAM LAND HOLDIN G (ADOPTION OF RELATIONSHIP UNDER TH F: ASSAM L AND AND R EVENUE REGULATION, 1886 IN THE ACQUIRED PERMANENTLY SETTLED ESTATES) ACT, 1974 (Published in the Assam Gazet t e Extra ordinary, dated 19th February 1975) Ar. Act to introduce uniform pat tern of land revenue administra tion in the a reas formerly known as per­ manently settled areas of G oalpara Dis trict and Karimganj Subdivision of Cachar Dis trict after aboli tion of Zamindary system. Preamble. Wher eas i t is expedient to introduce uniform Short title, ex tent and comroence­ mei;u.- land holding pattern and ten ancy system in the areas for merly k nown as permanen tly settled areas of Goalp 'lr a Dis trict and K arimganj Subdivision of Cachar Distric t ; It is here by enacted in the T wenty-fifth Year of the R epublic of India as follows :- I. ( l ) Thi s Act may be called the Assam Land Holding (Adoption of Rela tionship under the Assam L and a nd Revenue R egulatio n, 1886 in the acquired permanen tly Set tled Es ta tes) Act, 1974. (2) l L extends to the areas known as per• manently settled a reas of the District of Goalpara inclusi ve of the a reas known as "acknowledged estates" covered b y erstwhile Bij ni and Sidli Esta­ •es and the permanen qy settled areas ofKarimganj Subdivision of Cachar District. . (3) It shall come into force atonce. · Ai;] ··fu,~ ~" ··"\'.';j Definition. 2 .. In th is Act unless there is anything ·) epug: nant in the subject or context - (1) "Area " means the area in which Assam Act the Assam State Acquisition of Zamindaris Act, XVIII of 1951 is applicable; 1951. Act to over­ ride other laws etc. 2 (2) " L and" includes both agricul tural and non-agricultural lands; (3) "Notification" me:i ns notifica tion publi­ shed in the official Gazet te; (4) "Regulation" means the Assam Land and Revenue Regulation, 1886 and the Rules made thereunder; (5) "Schedule" m eans the ~chedule appended to this Act; (6) All word s and expressions used and not defined herein but defined in the Assam Land and Revenue Regul a tion, 1886 and the rules made there­ under shall respectively have the meanings assigned to them in the A,sam Land a nd Revenue Regula­ tion and the rules made thereunder . 3. Notwithstanding anything contained in any other law or any custom or usage or any contract express or implied, inconsistent with the provisions ~f thi1 Act, the provisions of this Act shall have effect. Conferment 4. (1) Any person, on the commencement of d ofl;indt-htol- this Act, holding any land directly under Govern­ er s a a us . h ' d f h · · f to persons ment m t e area un er any o t e provisions o holding the As1am State Acquisition of zamindaris Act, land 1951, shall con tinue to ho ld the same und er the uGnder t Regulation with the status of a land-holder subject overnmen. · to payment of such land revenue as may be asse- ssed as per provision under the Regulation : Provided that the land revenue a ssessable shall not exceed the amount paid or payable as rent for auch land in respect of the area for a period of 25 years or till the terminal year of assessment made during the last Resettlement _ oper ation of temporarily settled estates of that e.rea. (~) Every person holding any land as a tenant of another person in the area shall continue to hold the same with the status of a tenant as per provi1ions of the Assam (Temporarily Settled Areas) Tenancy Act, 1971 ; Provided that the rent payable by such tenant shall not exceed the maximum fixed under the Assam (Temporarily Settled Areas) Tenancy Act, 1971 Provided further that nothing in this section shall be deemed to affect any right already acquir­ ed by such tenant to his disadvantage. Assam Act XVIII of 1951 Assam Act XXIII of 1971. Assam Act XXIII of 1971. c . "' Explana­ tion. 3 (1) Any ex-proprietor or ex-tenure holder holding any land or holding any homestead land in the Area free from payment of land revenue under sub-section ( 4) of section 6 of the Assam S tate Acquisition of Zamindaris Act, 1951 is also liable to pay land revenue as may be assessed as per provisions under the Regulation. (2) Any occupancy or non-occupancy tenant of the e.x'-proprietor or ex-tenure holder holding land in the areas a fter the acquisiti on under the Assam State Acquisition of Zamindaris Act, 1951 shall acquire the status of a land-ho:der under the Regulation. (3) Any person holding land under another person in the erea shall be deemed to b e a tenant under the provisions of the Assam (Temporarily Settled Areas) Tenancy Act, 1971. ( 4) Any person holding non-agricultural land under another person in the a reas shall be deemed to be a tenant under the Assam Non-Agricultural Urban Areas Tenancy Act, 1955 . • < I , 1 d 5. (1 ) On and from the date of commcnce- ,epea an f h · A h A · d · saving and ment o t is ct, t :: cts mentione 1n the enforcement Schedule: shall be repealed and on such repeal the of Assam Assam (Temporaril y Settled Areas 1 Tenancy Act, Act XXIII 1971 shall come in to force in the area. of 1971. (2 ) Notwithstanding such repeal. any rule made, any order issued, any notification published , any proceedings commenced , any action taken or any thing whatsover done under the Acts so repealed, shall con tinue and be deem­ ed to have continued and have effect as if made, issued, published, commenced, taken, or done under the provisions of thi s Act. Presumption 6. Un til a settlement operation under the Regu­ as to the lation is completed in the area , any records prepared correct- under the Ac ts mentioned in the schedule, or ~;~~r~: revised under any other Act , shall be deemed to Immunity. be correct unless contrar f is proved. 7. Not suit shall lie against any officer for anything done by him in good faith under this Act. Bar to Juris- 8. No C ivil Court shall eJ1.ercise jurisdiction diction. in a11y matter covered by this !\ct. Assam Ac XVIII of 1951. Assam Act XVIII of 1951. Assam Act XXIIl of 1971. }.i.ssam Act XII of 1955, Assam Act XXIII of 1971.