THE ASSAM MANAGEMENT OF ESTATES ACT, 1949

Preamble, ASSAM ACT XVII OF 1949 THE ASSAM MANAGEMENT OF ESTATES ACT, 1949. (Passed by the Assembly) (Received the assent of th·e Gove1·nor-General on the 25th October, 1949.) [Publish~d in the Assam Gazette of the 9th November, 1949.] An Act to provide for the management by the Court of Wards of estates and tenures of proprietors, land-holders or tenure-holders in the permanently-settled and tempo1atily-settled areas of the districts of Goalpara, Garo Hills, Kamrup, Nowgong, Darrang, Sibsagar, Lakhimpur and Cachar in the Province ef Assam. WHEREAS, for the purpose of improving the economic and $Ocial conditions of the agriculturists and for ensuring full and efficient use of land for agriculture, and for improvement, conservation and efficient management of forests, fisheries, hats, ba;:;ars and ferries, it is necessary to assume management of estates and tenures in the perma­ nently and temporarily-settled areas of Assam : ANn WHEREAS the previous sanction of the Governor under section 299(3) of the Government of India Act, 1935 has been obtained to the introduction of the Bill ; It is hereby enacted as follows:- clhort title, I. (1) This Act may be called the Assam Management extent and of Estates Act, 1949. commence- ment, (2) It extends to the permanently-settled and tempo­ rarily-settled areas of the districts of Goalpara, Garo Hills, Kamrup, Nowgong, Darrang, Sibsagar, Lakhimpur and Cachar. (3) It shall come into force on such date as the Provin­ cial Government may by notification appoint in this behalf. Definitions. 2. In this Act, unless there is anything repugnant in the subject or context,- (a) "Court of Wards" means the "Court of Wards" Bengal Act under the Court of Wards Act, 1879 (as amended by IX of 1879. Assam Acts) ; (b) "Deputy Commissioner" means the Deputy C(m­ missioner of the district in which the land in question is situated, and includes any Revenue Officer or Extra Assist­ ant Commissioner empowered by the Provincial Govern­ ment to dischaq;e any of the functions of the Deputy Com­ missioner under any provision of this Act ; (&) "estate" means lands (other than lands settled for special cultivation) included under one entry in any of the general registers of revenue paying and revenue free lands, prepared and maintained under the law for the time being in force by the Deputy Commissioner and Price 2 annas or 2d. 2 including Government revenue free lands not entered in any register and lands prospectively subject to the payment of revenue although no engagement has been entered into for -that amount ; (d) "LakhiraJ estate" means any estate exempt from assessment under any grant made by the previous rulers of the country and confirmed by or on behalf of the Govern­ ment; (e) "land-holder" means any person deemed to have Regulation acquired the status of a land-holder under section 8 of the I of 1886• Assam Land and Revenue Regulation, 1886 ; (f) "land-lord" means a person immediately under whom a tenant holds, but does not include the Govern­ ment; ( g) "permanently-settled estate " means any estate in the districts of Cachar, Gealpara and Garo Hills included in the decennial settlement of the Lower Provinces of Bengal or permanently settled at any subsequent date under any law for the time being in force ; · (h) "prescribed" means prescribed by the Rules made under this Act ; (i) "private land" means the proprietors' private land Assam Act as described in section 123 of the Goalpara Tenancy Act, 1 of 1929· 1929, and section 143 of the Sylhet Tenancy Act, 1936: Assam Act provided that the proprietor for this purpose includes a II of 1936. ''tenure-holder''; (J) "proprietor" means a person holding in trust or owning for his own benefit any permanently-settled estate or any LakhiraJ estate, or a part of any such estate and includes the heirs and 'successors in interest of a proprietor, and where a proprietor is a minor or of unsound mind or an idiot, his guardian, committee or other legal curator; (k) "raiyat" means a person who has acquired from a proprietor, land-holder or tenure-holder a right to hold land for the purpose of cultivating it by himself or by the mem­ bers of his family or by servants or hired labour ; (l) "rent'' means whatever is lawfully payable in money or kind by a tenant on account of the use and occupation of the land held by him ; (m) "Revenue Officer" in any provision of this Act includes any officer whom the Provincial Government may appoint by name or by virtue of his offiGe to discharge any of the functions of a Revenue Officer under that provi· sion ; (n) "tenant'' means a person who holds land under another person and is, or but for a special contract would be, liable to pay rent for that land to that other person, but does not include a person who holds immediately undet' Government ; (o) "tenure" means the interest of a tenure-holder or an under-tenure-holder; (p) "tenure-holder" means a person who has acquired from a proprietor, land-holder or from another tenure-holder right to hold land for the purpose of collec­ ting rent or of bringing it wholly or partly under cultivation by ·establishing tenants on it, and includes the successor in interest of a person who has acquired such right and a per­ son who holds such right in trust_, and where a tenure-holder is a minor or of unsound mind or an idiot, his guardian, committee or other legal curator ; (q) "under-raiyat" means a person holding land mediately or immediately under a raiyat. ~otifi~ation 3. ( 1) Notwithstanding any law for the time being in directing the force or the terms of any contract or grant, whenever it management h p · · 1 G h ,. h of any estate appears tot e rovmcia overnment t at, ror t. e purpose or tenure of improving the economic and social conditions of the under the agriculturist and for ensuring full and efficient use of land ~u~ of for agriculture, or for improvement, conservation and ar 5 ' efficient management of forests, fisheries, hats, hazars and ferries, it is necessary to assume management of any estate or tenure of a proprietor, land-holder or tenure-holder, the Provincial Government may, by notification in the official Ga.zette, direct that the estate or tenure or the portion there­ of specified in the notification be mapaged by the Court of Wards: Applicabili· ty of Court of Wards Act. Provided that no such notification shall be issued in respect of any estate or tenure the total area of which does not exceed 400 bighas. (2) A copy of the notification shall be served upon the proprietor, land-holder or tenure-holder in the manner prescribed. (3) A copy of the notification shall also be published at a convenient place in the locality where the estate or tenure is situated. (4) The publication ofa notification under sub-section (1) shall be conclusive evidence that the direction has been duly given and that the assumption of management has been validly taken. 4. When the Court Of Wards undertakes under section 3 above the management of an estate or tenure, so much of the provisions of the Court of Wards Act, 1879 B 1 A (as amended by Assam Acts), rel a ting to the I~n~~ 187~1 management of immovable property and application • of the money received and disposal of the surplus shall apply to the management whenever undertaken under this Act. PrP-paration 5. (1) At any time after the assumption of manage­ ~frecord·of· ment of any estate or tenure by the Court of Wards, the nghts. Provincial Government may make an order directing that a survey be made and a record-of-rights prepared by a Revenue Officer in respect of all or any lands in the estate or tenure or part thereof, whether such lands are let out, or occupied for agricultural purposes or not, or whether they an.: "private lands" of a propriet9r gr not, 4 (2) A notification in the official Gazette of an order under sub-section (1) shall be conclusive evidence that the order has been duly made . . (3) The survey shall be made and the record-of-rights prepared in the prescribed manner. Particulars 6. When an order is made under section 5 for to be record· preparation of a record-of-rights, the particulars to be ed. recorded shall be specified in the order and may include either without or in addition ·to other particulars, !ome or all of the following, namely :- (a) the name of each person in occupation of the land, whether as proprietor, land-holder, tenure·holder, raiyat or under-raiyat, (b) the class or classes to which each tenant belongs, (c) if the person in occupation is not a tenant within the meaning of this Act, the character of such occupation, (d) the situation and quantity and any index for identification of the land held by each tenant or other occupant, (e) the rent, if any, payable in the year in which the records-of-rights are prepared and in each of the 15 agricultural years preceding it, ( f) the special condition and incidents, if any, of the tenancy, (g) any rights-of-way or other easements over or appurtenant to the land for which the record-of-rights is' being prepared, (h) where lands are held by religious or charitable institutions, in addition to the above particulars, if any, the actual expenditure incurred in each of the 15 agricultural years preceding, for religious or charitable purposes as the case may be, ( i) "private land" of the proprietors or tenure-holders, ( j ) any other particulars prescribed by the Provincial Government. Preli~in_ary 7. (1) When a draft record-of-ri~hts has been pre• pubhcauon, pared, the Revenue Officer shall publish the draft in the amdendfirnen 1 t manner prescribed and shall receive and consider any an na b' · h' h b d d · h · f publication o ~e~t10~s w ic may e ma ~ unng t e peno~ . o of record-of- pubhcat10n to any entry therem, or to any om1ss1on rights. therefrom. (2) When such objections have been considered and disposed of in the manner prescribed the Revenue Officer shall finally frame the record, and shall cause it to be finally published in the prescribed manner, and such publication shall be conclusive evidence that the record has been duly prepared under this Act. (3) Separate draft er final records may be published under sub-section. (I) or (2) for different local areas~ estate~1 tenures~ l\W.c:lings or parts t~e~eqf, . . .. s1Jmption 8. (1) When a record-of-rights ha8 been finally publbh- 1 «• ..,:,1~0 .~nal ed under section 7 above, the Revenue Officer shall, with- puouca.10n. . h . h p . . l G b m sue time as t e rovmc1a overnment may y general or spe'cial order direct, make a certificate stating the fact of such final publication and the date thereof, and shall date and subscribe the same with his name and official title. (2) The certificate of final publication, or in the absence of such certificate, a certificate signed by the Deputy Com­ missioner, stating that a record-of-rights has been finally published on a specified date, shall be conclusive proof of such publication and the date thereof. (3) Every entry in a record-of-rights finally published shall be evidence of the matter referred to in su::h entry and shall be presumed to be correct until it is proved by evidence to be incorrect. Correction 9. Any Revenue Officer specially empowered by the of. tbokna fi~e Provincial Government in this behalf may on application mis a es rn h' · . h' h 'b d · d fj record-of- or on is own motion, wit m t e prescn e per10 rom rights by the date of certificate of final publication of the record-of­ the Revenue rights under section 8, correct any entry in such record-of­ Officer. rights which he is satisfied has been made due to a.bona.fide mistake: Provided that no such correction shall be made if an appeal affecting such entry has been filed under section 11 of this Act or until reasonable notice has been given to the parties concerned to appear and be heard in the matter . Proceedings 10. At any time within 4 months from the date of before a certificate of final publication of the record-of-rights under Revenue J d Officer. section 7, a proceeding may Je institute before the Appeal. Limit of Civil Court's jurisdiction in certaio µiatters. Revenue Officer for decision of any dispute regarding any entry which a Revenue Officer has made in or any omission which he has made from the record and the Revenue Officer shall hear and decide the dispute : Provided that the Revenue Officer may, subject to such rules as may be prescribed, refer any party to a com­ petent Civil Court for the adjudication of such dispute. 11. An appeal shall lie- ( a) to the Deputy Commissioner against the order of the Revenue Officer under section I 0, provided that it is preferred within 30 days from the date of the order appealed against, and (b) to the High Court against the order, original or appellate, of the Deputy Commissioner, provided that it is preferred within 60 days of the date of the order appealed against. 12. Except as provided for in this Act, no suit shall lie in any Civil Court in respect of any order directing the preparation of a record-of-rights or in respect of framing, publishing, signing or altering such a record or any part thereof. Recovery of expenses. 13. (1) When the preparation of a record-of:.rights of any estate. or tenure has been directed or undertaken under this Act, the expenses incurred in carrying out the provisions for preparation of such record-of-rights or ~uch part of the expenses as the Provincial Government may direct shall be defrayed by the land-lords, tenants and other persons having an interest in such estate or tenure in such manner as the Provincial Government may determine; (2) the Provincial Gove1 nment shall determine the ele­ ments which constitute the expenses mentioned in sub­ section ( 1). Termination 14. (1) The Provincial Government, when it 1s of of manage- · · h · · · h · ment op1mon t at It IS not necessary to contmue t e rnanagement· · of the estate or tenure, may by notification published ir:. the official Gazette direct that the said management shall be terminated. (2) On the termination of the said management the estate shall be delivered into the possession of the proprie­ tor, land-holder or tenure-holder, or if he is dead, of any person, who in the opinion of the Provincial Government is entitled to the said estate together with any balances which may be due to the credit of the said proprietor, land-holder_ or tenure-holder. (3) The delivery of possession of the estate under sub­ section (2) together with any balances which may be due to them shall be a full discharge of the Government from all liability in respect of such delivery, but shall not preju­ dice any rights in respect of the land and money, if any, which any other person may be entitled by due process of law to enforce against the person to whom possession or money is so delivered or paid. ( 4) All acts done or purporting to be done by the Court of Wards during the continuance of the management of the estate or tenure shall be binding on the proprietor, land-holder or tenure-holder or any person to whom the possession of the estate or tenure has been delivered. Acqui!ition 15. If at any time it appears to the Provincial Govern­ or the estate ment that any estate or tenure, the management of which or te,nutre ort has been assumed by the Court of Wards under the provi- any m eres . f h' A h . f . therein. s1ons o t 1s ct, or t e mterest o any other person 1n such estate or tenure, should in the public interest be acquired, it shall be lawful for the Provinciai Government to acquire the said estate or tenure or any interest therein under the relevant provisions of any Act for the time being in force. Recovery of 16. Any money payable to Government under any money pay- ' · f h' A h 11 b b able to Go- prov1s1on o t IS ct s a e recovera le -as arrears vernment. ef I.and-revenue. ·- L__ ___ _ utde.r rn~de 17. No order made, direction given or notification 0~ direction issued or purporting to have been made, given or issued ~h:~I'n0~1t~ under sections 3 and 14 of this Act by the Provincial • called in Gover.nment shall be called in question in any Court. question in Courts. Bar to ~uir, 18. (1) No suit, prosecution or other legal proceeding prosecullon shall lie against any person for anythincr which is in good or legal pro- f . h cl . d d b - . o f h' A ceedings, a1t one or mten e to e done m pursuance o t is ct. etc. (2) No suit or other legal proceeding shall lie against the Crown for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act. Power to 19. The Provincial Government may after previous make rules. publication in the official Gazette make rules to carry out the purposes and objects of this Act. A.G. P. (.Leg.) No. 30/49-500-5-4-1950, -- -"'-