The ASSAM MANAGEMENT OF ESTATES ACT, 1949.
#### 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.

Preamble,

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._


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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 [1]9[2]9·
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;


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_(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

5

ar ' 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:

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.

Applicabili· 4. When the Court Of Wards undertakes under section
ty of Court 3 above the management of an estate or tenure, so much
of Wards

of the provisions of the Court of Wards Act, 1879 B

Act. 1 [A ] 1

(as amended by Assam Acts), rel a ting to the I~n~~ 187~

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,


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(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              - o 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
amdendfirnent manner prescribed and shall receive and consider any
1
an publication na o b' ~e~t10~s · w h' ic h may b e ma d ~ d unng · t h e peno~ · . o f
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,
# . .


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s1Jmption 8. (1) When a record-of-rights ha8 been finally publbh-

1 « • ..,:, ~[0 ] .~nal ed under section 7 above, the Revenue Officer shall, with-

puouca.10n. . 1 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

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.

Appeal. 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.

Limit of 12. Except as provided for in this Act, no suit shall lie
Civil

in any Civil Court in respect of any order directing the

Court's
jurisdiction preparation of a record-of-rights or in respect of framing,
in certaio publishing, signing or altering such a record or any part

µiatters. thereof.


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Recovery of 13. (1) When the preparation of a record-of:.rights
expenses. 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
able money to pay-Go- prov1s1on ' · o f t h' IS A ct s a h 11 b e recovera le -as b arrears

vernment. ef I.and-revenue.


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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~ 1 t~ 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,


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