The Assam Land and Revenue Regulation (Amendment) Act, 1981
# The Assam Gazette

**e u n e n sq**

**EXTRAORDINARY**

FOTOSBOT _m AUTHORITY_

103 30 1981, 9 1903 («f^)

**No. 103** **Disptir, Wednesday, 30th Dec em be r, 1081** **9th Pau sa ,**

**1903 (8. E** **. )**

## GOVERNMENT OF ASSAM ' ■ ']

 ORDERS BY THE GOVERNOR

LEGISLATIVE (LAW) DEPARTMENT : LEGISLATIVE BRANCH

NOTIFICATION

e . ' ' ' ■ I
The 30th December 1981

No.LGL.91/80/2.—The following Act promulgated by the Presi­

dent and published in the Gazette of India Extraordinary Pa rt- II of
Section I, dated 30th December, 1981 is republished for general

information. ,

U. TAHBILDAR,

Secretary to the Govt, of Assam,

Legislative Department.

**Name of Act** **No. of Act** **Date of assent.**

The Assam Land and Revenue President’s Act 28th December 1981

Regulation (Amendment) Aet, No. 2 of 1981.

1981,

C* .-of


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**618** **THE ASSAM GAZETTE, EXTRAORDINARY, DEC. 30, 1981**

President’s Act No. 2 of 1981

**Received the assent of the President of India on 28th December, 1981**

THE ASSAM LAND AND REVENUE REGULATION

(AMENDMENT) ACT, 1981

**Enacted by the President in the Thirty-second Year of the Republic**

**of India.**

i ; **An**

**Act**

furthe r to amend the Assam Land and Revenue Regulation, 1886.

In exercise of the powers conferred by section 3 of the Assam

State Legislature (Delegation of Powers) Act, 1981 (39 of 1981), the
President is pleased to enact as follows:—

1. Short title.—This Act may be called the Assam Land and

Revenue Regulation (Amendment) Act, 1981.

2. Amendment of section 162.—In section 162 of the Assam Land

and Revenue Regulation, 1886 (Regulation I of 1886), (hereinafter
referre d to as the principal Regulation),—

(a) in sub-section (1), the concluding portion beginning with

the words "where this is not possible” and ending with the words
"ru les made thereunder” shall be om mitted;

(b) in sub-section (2), the following proviso shall be inserted

at the end, namely :—

"Provided that nothing contained in this Chanter or in the

rules made thereunder shall affect any tra nsfer by way of a

mortgage in favour of any nationalised bank, a co-operative
society registered under the Assam Co-operative Society Act,
1949 (Assam Act I of 1950), or such other financing institu tion
as may be approved by the State Government,.”.

"'I' I v-' A;
3. Amendment of section 163.—In section 163 of the principal

Regulation,—

(a) for sub-section (2), the following sub-section shall be sub­

stituted, nam ely ■:—

"(2) In adopting and directing such policy or procedure the

State Government shall tak e into consideration—

(a) , first, the bonafide needs of the persons belonging to

the classes notified under sub-section (2) of section 169, who
are permanently residing in such area from before its cons-
titution under section 161 ;

(b) secondly, the bonafide needs of the persons belonging

to such classes who are tem porarily residing in such area
from before its constitution but who are settlement holders
of land within the area, on the date of its constitution, and
who are likely to undertake to become permanent residents
therein within a reasonable tim e; and


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THE ASSAM GAZETTE, EXTRAORDINARY, ©EC. 30, 1981 619

(c) thirdly, if the exten t of cultivable land available for

settlement in the belt or block be large, enough, the **bonafide**
needs of,

(i) the persons belonging to the oth er classes of people

residing in the belt or block from before the constitution of
the belt or bl oc k;

(ii) the persons belonging to the classes notified under

sub-section (2) of section 160, who are living elsewhere in
the Sta te.”;

(b) after sub-section (2), the following sub-section shall be

inserted, nam ely;—

"(3) The policy adopted and directed under sub-section (1)

shall also provide that no settlement with the persons belonging
to the classes of people mentioned in clause (c) of sub-section (2)
shall be made except with the previous approval of the State
Government.”.

4. Amendment of section 164.—In section 164 of the principal

Regulation, in sub-section (2), the following provisos shall be inser­
ted, nam el y:—

"Provided that no land holder shall tra nsfer his land in a belt

or block—

(a) to any person not belonging to a class of people notified

under section 160; or

(b) to any person who is not a permanent resident in that

belt or block :

Provided further that no such land holder shall transfer his

land in a belt or block to any person who is a permanent resident
in that belt or block who does not belong to a class of people noti­
fied under section 160 except with the previous permission of the
Deputy Comm issioner:

Provided also that in gra nting such permission the Deputy

Commissioner shall have due reg ard for the intere sts of persons
belonging to the classes notified under that section.”.
' , ..........

**5.** Insertion of new section 164A.—After section 164 of the prin­

cipal Regulation, the following section shall be inserted, na mely:—

"164A.—Bar of acquisition by prescription in a belt or block.—

Notwithstanding anything to the contrary contained in this Act
or in any law relating to limitation, no person to whom any land
is tra nsferre d in a belt or block in contravention of the provisions
of this Chapter shall acquire any rig ht or title in that land by any
length of possession, whether adverse or not.”. __ _________ _

i z
N. SANJIVA REDDY,

President.
“........ p[-] ”

R. V. S. PERI SASTRI, ,

...A t -.... ‘ S ecretary to the Govt, of India,


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c20 THE ASSAM GAZETTE, EXTRAORDINARY, DEG. 30, 1981

**Reasons for the enactment**

Chapter X of the Assam Land and Revenue Regulation, 1886

(Regulation I of 1886) provides for protection and furtheran ce of

the interest of tribals in land. The State Government are competent
to specify, by notification, the classes of people deserving, in their
view, special protection and to constitute belt or blocks in areas pre­
dom inantly people by such classes. The existing scheme of allotment
of land for ordinary cultivation or for purposes ancillary thereto in
the areas constituted into belts or blocks requires, according to the
State Government, some modifications. They have suggested that a
clear and unambiguous priority should be given in the law to tribals,
that there should be sta tutory restrictions on the right of transfer,
and that tra nsfer in contravention of the law should not be saved

by the law of limitation. It has, however, been felt that transfers in
favour of nationalised banks co-operative societies or other financing
institu tions approved by the State Government should not be subject
to these restrictions. The Bill seeks to amend Chapter X of the Assam
Land and Revenue Regulation,1886 to give effect to these changes.

2. The Consultation Committee constituted under the proviso to

sub-section (2) of section 3 of the Assam State Legislature (Delega­
tion of Powers) Act, 1981, has been consulted before the enactment of
this measure as a President’s Act.

S. C. VARMA,

Secy, to the Govt, of India,

          - (Ministary of R ural Reconstruction).

**GAUH AT l—Printed and published by the Supdt. i/c., Assato Gov<** **Printing Press,**

**(Ea-G azettel N o.2 05-9 20—20 0—25—30-12-1981**


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