The Assam Land and Revenue Regulation (Amendment) Act, 1962
**ASSAM ACT No .XXI I OF 1962**

1’HE ASSAM LAND AND REVENU E RE GU LA TION

(AM ENDMENT) AC T, 1962

(As passed by the Assembly)

**(Received** **the as se nt of the Governor on the 4th Septem ber, 1962)**

[Published in the _Assam Gazette, Extraordinary, dated the 5th_

September 1962]

_An_
_Ac t_

_fu rt her to amend the Assam Lan d and Revenue Regulation, 18 86_

Preamble Whereas it is expedient to abolish the appellate

and revisionary powers of the Commissioner and

otherwise amend the Assam Land and Revenue Regu- (Re[gji] a [tion ]

lation, 1886 hereinafter called the “ Regulation ” in i os 1886)

the manner hereinafter appearing ;

It is hereby enacted in the Thirteenth Year of

the Republic of Ind ia as follows :—

Short title, 1. (1) This Act may be called the Assam Land

extent and and Revenue Regulation (Amendment)

commence­

ment. Act, 1962.

(2) It shall have the like extent as the Assam

Land and Revenue Regulation, 1886.

(3) It shall come into force on such date as

the State Government may, by notification
in the Official Gazette, appoint.

Amendment 2. In section 3 of the Regulation, after clause (m)

ofRegula[3] *he following shall be inserted as clause («), name ly:—

a 1*886. “ («) ‘ Board ’ means the Assam Board of

Revenue constituted under the Assam

Board of Revenue Act, 1959 or under any
statutory re-enactm ent or modification

thereof.”

Amendment 3. In section 79 of the Regulation :—

of section

lV ^n^of (1) for the words “Commissioner or (where

18£6.[n] ° there is no Commissioner) to the State
Government” the words “Deputy Commis­
sioner” shall be substituted ;

(2) in the first proviso, for the words “ Com­

missioner or the State Government (as the
case may b e)” the words “Deputy Com­
missioner” shall be substituted.


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Amendment **4.** In section 80 of the Regulation, in sub-section

80 ofKegu- (2) f° [r] the words “State Government or Gommissio-
lstion I of ne r” the words “Deputy Commissioner” shall be

1886. substituted.

Amendment **5.** In section 81 of the Regulation, for the words

of section “ State Government” the word “Board” shall be

sub,dtu .ed .

1886.
Amendment 6, In section 82 of. he Regulation, in sub-sec'

82 [S]ofR°[n t] *o n ^)> f° r the words “Commissioner or the State

gulation I Government” the words “Deputy Commissioner’

of 1886. shall be substituted.

-r

Amendment y. In section 85 of the Regulation, in the proviso

SfCR°[n ] s u k-section (3), for the words “State Governm ent”

gulation[6]! the word “ Board” shall be substituted,

of 1886.

Amendment 8. In section II7 of the Regulation, for the words

of ^section [u] Commissioner of the Division, or where there is no
gulation I Commissioner, to the State Government” the word
of 1886. “Board” shall be substituted.

Amendment **9.** In section 128 of the Regulation, after sub-

SCrtn'>n section (3) the following shall be added as sub-sec-

cf 1886.

9<(4) Subject to the general control of the State

Government, all Revenue Officers shall
be subordinate to the Board and shall
exercise all the powers conferred on them
by or under this Regulation subject to
its con trol.”

Substitution io . For section 130 of the Regulation the follow-

lfoo^Re- *n ® shall be substituted, name ly:—

gulation I
of 1886.

“Power of 130. The Board or a Deputy Commissioner or

superior reve Subdivisionai Officer may withdraw any
nue authori­
ties to with­ case pending before any Revenue Officer
draw and subordinate to it or him and either dis­

transfer pose of it i tself or himself or refer it for
cases. disposal to any other Revenue Officer

subordinate to it or him and having
power to dispose of the sam e.”

Amendment **II. In** section 140 of the Regulation, for clause (a)

of section

**the following** shall be substituted, namely :—

140 of Re­

gulation t

at 1886

the Board may hold Court at an} place

within the State of Assam ;


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Amendment 12. In sub-section fl) of section 141. of the Regu-

<?41s e ftj,on lation, for th e words “ State Government”, the word

gulation**! “Board” shall be substituted.
of 1886.

(2) In sub-section (2J of section 141 of the Regu­

lation, between the words “as” and “such” the word
“the Board or” shall be substituted.

Substitution 13. Section 142 of the Regulation shall be

i42[Se<]of°n substituted by the following, name ly:—

Regulation
I of 1886.

“ Power to 142. If any person fails to comply within the

fine person time fixed by a notice served on him with
summoned

any requisition made upon him under

for non-

attendance. section 141, the Board or the Officer, as

the case may be, making the requisition

may impose upon him such daily fine as
they or he thinks fit, not exceeding fifty
rupees, until the requisition is complied

with. Provided that, whenever the amount

levied under an order under this section

passed by an Officer exceeds five hundred
rupees the Deputy Commissioner shall report
the case to the Board and no further levy
in respect of the fine shall be made other­
wise than by authority of the Board.”

Amendment 14. In section 143 of the Regulation, in sub­

of section

section (1) the words “ a Commissioner of **a** Division”

143 of

Regulation and the following comma shall be deleted.
I of 1886.

Substitution 15. p o r section 147 of the Regulation thf

l47Se<of°n following shall be substituted, nam ely: —

Regulation
I o f 1886.

Authority 147. Appeals snail lie under this Regulation as
to whom

4- appeals lie. follo ws: —

_(a) to the Board from orders,_ original o

appellate passed by a Deputy Commis­
sioner, Settlement Officer or Survey

Officer ;

(A) to the Deputy Commissioner, from orders

passed by a Subdivisional Officer, an
Assistant Commissioner or Ex tra Assis­
tant Commissioner ;

(<} to the Settlement Officer, from order?

passed by an Assistant Settlem ent

Officer ;

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_(d) to a Survey Officer, from orders passed_

by an Assistant Survey Officer:

Provided that no appeal shall lie against the

following or der s:—

(?) orders of an Assistant Settlement Officer or

Assistant Survey Officer under sections 21
and 22 ;

Gt) orders of a Survey Officer or Settlement

Officer—

(1) under sections 21, 22 and 24 ;
(2) apportioning the expense or erecting

and repairing boundary-m arks in

accordance with rules made under

section 27 ;

(tit) orders of a Survey Officer, Settlem ent X

Officer or Deputy Commissioner, original

or appellate, imposing or confirming a

fine not exceeding fifty rupees ;

(ip) orders of a Deputy Commissioner under

section 79 setting aside or refusing to set

aside the sale;

(p) any decision given in accordance with an

award of arbitrators appointed under

section 143, except in the case of fraud or
collusion ;

(pi) orders under section 148, adm itting an

appeal after the period of limitation has

expired ;

(aii) orders expressly declared by this Regu­

lation to be final subject to the provision

of section 151.”

AmenSment 16. In section 148 of the Regulation ;—•

**of section 148**

**° 9 M** **[8]886.[ta n]** (1) For sub-section (1) the following shall

be substituted, namely :—

“ (1) Unless otherwise specially provided in

this Regulation, or in rules issued

under this Regulation,—

(a) no appeal under section M7, clause (a)

shall lie after the expiration of 2 months
from the date of the order appealed

ag ainst;


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(b) no appeal under same section, clauses (b),

(c) and (</) shall lie after the expiration

of thirty days from the date of the order
appealed against.”

/2) in sub-section (3), for the word “T ri­

bunal” the word “Board” shall be

substituted.

Amendment I7. In section 149 of the Regulation, for the word

of section “ Tribu na l” the word “Board” shall be substituted.
I49 ot Regu­

lation I of

1886.

Substitution 18. For section 151 of the Regulation, the follow-

ofsecbcm^l j n g s]l a [u j]j e [ substituted, namely:—]

tio[n] I of

1886.

“Power to i51. The Board, a Deputy Commissioner, a

p r°f Settlem ent Officer and a Survey Officer

subordinate l r a y c a ^ f° r t ^ e proceedings held by any

officers. officer subordinate to it or him, and pass
such orders thereon as it or he thinks fit.”

Deletion 19. Section 158 of the Regulation shall be

of section 158 deleted.

of Regula­

tion I of

1886.

Amendment 20. In section 169 of the Regulation, in sub-sec-

of^R egula- [t] ' [o n s] (1) W and ([3] ), for the words “Revenue

tion I of Tribu na l” the word “Board” shall be substituted.

i- 1886.

Amendment 21. In section I7O of the Regulation, for the

° [sect]'°’’ ^7 words “Revenue Tribun al” the word “Board” shall

tion I of b[e] substituted.

1886.

Board’ 22. Any proceeding under the Regulation pending

hear[Cr] /■t0 be f°r e Commissioner immediately before the date

proceed” commencement of this Act shall be deemed to

0 ’ have been instituted before the Board, and shall be

decided as if it were duly instituted before the

Board.


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