The ASSAM LAND-REVENUE, RENT AND CESS (APPORTIONMENT) ACT, 1950
ASSAM ACT XIV **OF 1950**

*THE ASSAM LAND-REVENUE, RENT AND CESS

(APPORTIONMENT) ACT, 1950

[Published in the "Assam Gazette" of 12th April 1950]

An Act to apportion and fix the land-revenues, rents and cesses **in** **respect**

of the portions situated within the State of Assam of certain

estates, tenures and holdings

Preamble.-Whereas certain estates, tenures and holdings in the State of
Assam as it existed before the date on which the award came into force are com-
prised of the lands situated, after the said date, partly in the State of Assam
in the Union of India and partly in the Province of East Bengal in the Dominion
of Pakistan ;
And whereas it is expedient to apportion and fix the land-revenues or rents,
as the case may be, and the cesses payable in respect of the portions situated
in the State of Assam, of the common estates, tenures or holdings;
It is hereby enacted as follows :-
1. Short title, extent and commencement.-(1) This Act may be called the
Assam Land-Revenue, Rent and Cess (Apportionment) Act, 1950.

(2) It extends to the whole of the State of Assam.
(3) It shall come into force on such date as the State Government may,
by notification in the official Gazette,
appoint.
2. Definitions.-In this Act, unless there is anything repugnant in the sub-

ject or context:-

(!) "award" means the award of the Boundary Commission referred to
in section 3 of the Indian Independence Act. 1947 ;
(2) "cess" includes the local rates levied under the .Assam Local Rates
Regulation. 1876 ;
(3) the expression "common estates. tenures or holdings" me~ns estates,
tenures or holdin gs which are comprised of lands situated after the date on which
the award came into force. partly in the State of Assam in the Union of India
and partly in the Province of East Bengal in the Dominion of Pakistan ;
(4) "land-revenue" includes any rent payable in respect of any common
estate; .

(5) "prescribed" means prescribed by rules made by the State Govern-

ment under this Act ; and
(6) "Revenue Officer" includes any officer whom the State Government may
appoint to discharge any of the functions of a Revenue Officer under this Act.
3. Power to order preparation cf record of lands in common estates, tenures
and holdings.-The State Government may, by notification in the official Gazette,
make an order directing that a record be prepared in such manner and containing
such particulars as may be prescribed of all lands in Assam forming parts of the
common estates, tenures or holdings.
4. PrepaEatioo of rccord.-WheP an order has been made for the prepara-

tion of a record under section 3, the Revenue Officer shall prepare such record
accordingly containing. in addition to the oarticular>; referred to in section 3,
the .amount~ of land-revenues or rents. as the case may be, and of cesses payable

*For Statement of Objects and Reasons see "Assam Gazette, Extraordinary",

March 2, 1950, page 92.


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in respect of the portions iricltided in Assam of the common estates, tenures o
holdings, to be determined by the Revenue Officer in such manner and in a

         - :o.rdance whicli suclf prin'cfpfos as . niay lfo prescribed.

_5._ Preliminary pubfidition' of i'ecoll&-=-When a record has been prepare

under section 4, the Revenue Officer shall cause a draft of it to be published i
such manner affef for suth pehod as may be ~cescribed and sh·an· receive, durin

the period of publication of the r.ecord, any objection made in reg,arcl to any-

entfy therein or omissiDo: therefrom rela.ting to the apportionment of land-reve-·:

nues, rents or cesses.
6. Final disposal of objedioi1s and confirmation and final publication of

recordi.-(1) After the expiry of the period of publication of the record under.

sectibh _5,_ the Revenu:e Officer shall submit the record to the Revenue Authority

pt~scribed witli a summary of the objections, if any, which he ha:s· received ahd
his[ repor't thereon. . . . .

(2,) ,,Such authdrify shall finally dispose of the objections subnl.itted to iF

under sub-section (1) according to such rules M the State Governmeat may make
###### a1"o: m~y ·cstl,firin the record with or without amendment ; · · .

Provided that no entry shaH be amended or omission supplied unless notice

bas heen givei:L tb' the parlies concerned for such. p~riod and in £U.Ch · matlnei as

may be prescribed to appear and be heard in the matter.

(3) After confi:rm~bn _by_ such authority the R eveni.le Officer 1ihall cause

the record to bP. · finallv published in the manner prescribed and such pUblicati'bJf

shall be conclusive evidence that the record has ·been duly prepared under this

l\'ct.

7. Appe.al and saving.-(1) Any person who is aggrieved by any entry in·;

or omis~ion . from. the recor_d finally published under s ~ction 6 in ,so !a~ ,air ~uc ·

reclbf'd ' relates ta' the' apportionment and fixation of rents or cesses in respect o
tenures· or holdings, may appeal to the superior Revenue authority prescribed _ml_

such, mariner and within such period as may be prescribed.
(2) Notwithstanding anything contained in any other law for tlie. time being in•

force, no· Court sliall have any jurisdiction in respect of any issue arising .. out of
the proceedings under this Act for the apportionment and fixation of land-reve- '
mies, re'ntir or ces~es· dt shall annul or alter .any dedsion of a Revenue Offi:cer or
###### a, Reven:iie authority under this Act.

8~ Corr~ction Qf record.-The Revenue Officer may, at any lime, eith"er o
#### his own n:iotforl. or ori ·application, a.nd after giving notice lo the parties con•.
cerned- fOr suth pehoa ah d in· such manner as' ma'y be ,pfosaribed to appear an.ct
be heard in the matter, c.orrect any arithmetical or clerical mistake in the record

fin-ally pl\blisHe'd uhder' section 6 or any error arist:ng therein' from· any· accfdentaJ

slip or omission <1.nd shall make such alterations therein as may be ri~cessary
###### to· give effect· t6 any decisioh on appeal under sub-section (1) of sed,iori 7.

9'. Commenceinelff an:d effect · oil the record . ...:oo. the final publication o(

the record under . section 6~        - .        - ·

(a) die apportionment ana· fixation, thereunder o'f !arid-revenues ·or ' rents

M' the C'ase may be; ahd of cases in respeCt of the po1tions ~ situated in .Assa
nf 'the' common' esmfos:, tenures· or holdings shall, notwithstan.ding anythirrg co

.. tained in any other law for the time being in force or in any coritra:tt, be deem
to :have come into force and the common estates, tenures or holdings, as the ca
nfay be, s'hal'l be deem&d to have been. ann to be partitioned accordingly, onr an '

###### from tlie date on which "the award came 1nto force (hereinafter referred t'o as th.
saitl[1 ] date); and
(b) all laws for the time being in force relating to the creation or sett!

~enCof;' esfates, tenures or holdings· or to tlie: recovery of lana :revenues; 'reti
#### or cesses in . respect thereof shall be deemed to have been and to be applicab\e


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345

_mutatis mutandis_ fo such partitioned es tates, .tenures or holdin gs on and from     - he
said date.

10. Protection of Action taken unde1 the Act.-(1) No suit, prosecution or
other legal proceedin gs sha ll li e against any person for anything in good faith
done or intended to be do ne in pursuance of th.is Act or any order made there-
under.
(2) Save as otherwise expp.:ssly provided in this Act, no suit or other
legal proceedings shall li e against the State Govern ment for any damage caused
###### or likely to be caused by an y thi1~ z in good faith done or intended to be done in
pursuance of this Act or any order made thereunder.

_11._ Powers 10 make rules.-- (!) The Slate Gove rnm ent may make rulcs [1 ] for

carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing

iJOWer, such rules ma y provide for a ll or any of the following matters, namely:-

(a) the manner of preparin g a record and the particulars to be contained

there.in referred to in section 3 :

(b) the manner of. and · the principles for. determining the amounts of

lantl-revenues. rt:'.nts ::ind cesses referred to in sec ti on 4 ;

(c) the manner and peri od of publicntion of. a draft record referred to in

section 5 ;

(d) the Revenue authority rdcrrcd to in sub-·section (I) of section 6, and

the disposal of objections under sub-sec tion (2) and the manner of final publica-
tion of a record under sub-section (3) of lltat sec ti on :

(e) the period o f, and th e manner of. givin g notice referred to in the pro-

vi ~o to sub-section _(2)_ of secti on 6 and in sec tion 8 : and


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