The Assam Land and Revenue Regulation (Amendment) Act, 1946
_The 27th November 1946_

No .L.1125/46/15.-—The following Act of the Assam Legislature having been

'assented to in His Majesty’s name by the Governor, is hereby published for

general information :—

[Received the assent of the Governor on the 26th November 1946.]

**ASSAM ACT XI OF 1946**

TH E ASSAM LAND AND REVENU E (AMENDMENT) ACT,

1946

[Passed by the Assam Legislature.]

(Published in the _Assam Gazette of the 4th December 1946.)_

_s_

_An Act to amend the'Assam Land and Revenue Regulation, 1886 {Regulation_ **_I_**

_o f_ _1886)._

Preamble. Whereas it is expedient further to amend the Assam Land and
Regula­ Revenue Regulation, 1886 (hereinafter referred to as the principal
tion I of

1886. Regulation), in the manner hereinafter appearing ;

It is hereby enacted as follows :•—•

Short title, 1. (1) This Act shall be called the Assam Land and Revenue

extent and (Amendment) Act, 1946.
commence­
ment. (2) It shall have the like extent as the principal Regulation.

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

Government may, by notification in the official Gazette, appoint.

Amend­ 2. In sub-section (2) of section 53A of the principal Regulation ,
ment of between the words “ may ” and “ apply ”, the words “ within **a**

section 53A
of Regula­ period of three years of the date of such order ” shall be inserted.
tion I of

1886.

Insertion of 3. After section 69A of the principal Regulation, the following
a new sec­ shall be inserted as section 69B, namely :—
tion 69B in

Regulation
I ef 1886.

“ Attach­ “ 69B. (1) When an arrear has accrued in respect of any estate
ment of pertaining to a religious institution, the Deputy Commissioner

estates per­ after consultation with the Managing Committee of the religious
taining to institution, if there be any, nfay, with the previous sanction of the
tel'gious
institu­ Commissioner, attach such estate and may take it under his own
tions” . management or may let it out in farm.

(2) Whenever the Deputy Commissioner attaches under sub­

section (1) an estate pertaining to a religious institution to which
another estate or other estates in the same district pertain, the Deputy
Commissioner may, with the previous sanction of the Provincial

Government, also attach such other estate or some or all of such other
estates, and take it or them under his own management or let it or
them out in farm.

(3) During the continuance of an attachment under sub-section

(1) or (2), the settlement-holder, or, when an estate is _lakheraj or_

revenue-free, the _lakherajdar or proprietor, as the case may be, shall_
be excluded from possession of the land attached ; and the Deputy
Commissioner or the person to whom it is let in farm by the Deputy
Commissioner shall have all the rights of the settlement-holder, _lakhe­_
_rajdar or proprietor, as the case may be, to manage the estate or estates_
and to realise the rents and profits arising therefrom.


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(4) (t) The income of every estate attached under sub-section

(1) or (2) shall be applied as follows :—-

Firstly, to the defraying of the costs of attachm ent, management

and collection in respect of all the estates so attached ;

Secondly, to the payment of all sums lawfully due to the Govern­

ment on account of revenue or otherwise in respect of any' of the estates
under attachme nt ; and

Thirdly, to the discharge of the arrear for the recovery of which

the attachment was made.

(«) Should any surplus remain after the appropriations as

aforesaid, it shall be paid to the person conducting the daily

worship or prayer at the institution concerned on his furnishing

such security as the Deputy Commissioner may require.

(5) (/) Save as provided in clauses («) and (m) of this sub­

section, every attachm ent under sub-section (1) or (2) shall continue
until the arrears in respect of all the estates so attached are fully
realised or paid.

(m) When an estate is released from attachment, the Deputy

Commissioner shall forthwith reinstate the settlement-holder, _iakhe-_
_rajdar or_ proprietor, as the case may be, in possession :

Provided that if the Deputy Commissioner is not satisfied that the

future management of any such estate or estates would be such as would
adequately ensure the punctual payment of future dues to Govern­
ment in respect of such estate or estates, he may, with the previous
sanction of the Provincial Government, maintain the attachm ent

of such estate or estates in force until he is so satisfied.

(u7) No attach ment shall continue for a period longer than two

years without the previous sanction of the Provincial Government” .

Amend 4. In section 78A of the principal Regulation :—
ment of (1) In sub-section (1) :—
Section (a) the words “ either owning such estate or a part thereof or
78A o f holding an interest therein by virtue of a title acquired before such
Regula­
tion X of sale” , shall be omitted, and

1886. (Z>) for the words “ on or before the thirtieth day from the date o

sale ”, the words “ at or before noon on the sixtieth day from the day
of sale, reckoning the said day of sale as the first of the said sixty days,”
shall be substituted.

(2) After sub-section (2) the following shall be added as sub-sec­

tion (3), namely :■—

“ (3) Nothing in this section shall be deemed to create in favour

of the person making such deposit any title or right to such estate or
pa rt of estate, merely by virtue of the fact that he has made such
deposit or that the sale has been set aside at his instance.”

H. G. STOR K,

_Secy. io the Govt, o f Assam in the Leg. Deptt._


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