The ASSAM ASSESSMENT OF REVENUE FREE WASTE LAND GRANTS ACT, 1948 (SINGLE DOCUMENT)
# ASSAM ACT XXIV OF 1948
 THE ASSAM ASSESSMENT OF REVENUE FREE WASTE LAND GRANTS ACT, 1948
 [Received the assent of the Governor on the 14th November, 1948]
 An Act

_to provide for assessment of the Revenue Free Waste Land_
_Grants in Assam_

WHEREAS it is expedient to provide for the assessment

**Preamble.**

of the Revenue Free Waste Land Grants in Assam.


**Short title,**
**extent and**
**commencement.**

**Definitions.**

**Revenue Free**
**Waste Land**
**Grant.**


It is hereby enacted as follows:
1. (1) This Act may be called the Assam Assessment of
Revenue Free Waste Land Grants Act, 1948.

(2) It extends to the whole of the Province of Assam.

(3) This Act shall be deemed to have had effect as from
the 1st day of April, 1948, in regard to any local area, Tea
Estate or Grant as the Provincial Government may, by
notification in the official Gazette, direct.

2. In this Act unless there is anything repugnant in the subject
or context
(1) "Revenue Free Waste Land Grant" means land held on
revenue free terms under :
(a) Fee-simple Grant Rules of 1862, or

(b) Revised Fee-simple Grant Rules of 1874, or

(c) 45-years' Lease Rules of 1838 and exempted from
assessment in perpetuity ; or

(d) 99-years' Lease Rules of 1854 and exempted from
assessment in perpetuity ; or

(e) 45-years' Lease Rules 1838 or 99-years' Lease Rules
of 1854 the land-revenue of which has been
subsequently redeemed under Fee-Simple Grant
Rules.

(2) "Grant" means any land which is for the time being
entered in the Deputy Commissioner's Register of
Revenue Free Estates as a separate Grant.


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**Assessment of** 3. Notwithstanding anything contained in the Assam Land and
**Grants.** Revenue Regulation 1886, or in any other law for the time
being in force, or in any contract, and notwithstanding any
express exemption from assessment under the terms of any
Grant, a Revenue Free Waste Land **[1][*] Grant shall be**
deemed liable to assessment to revenue on and from 1st
April, 1948, and such Grant be liable to the payment of
revenue, in addition to the local rates and local cesses, if any,
assessed thereon, as follows : 
(a) for the year 1948-49, 1st April, 1948 to 31st March,
1949--at a rate not exceeding Re. l per acre of the
gross area as the Provincial Government may
determine ;

(b) for the year 1949-50 (1st April, 1949 to 31st March,
1950) at a rate not exceeding Re. 1 per acre of the
gross area as the Provincial Government may
determine ;

(c) for the year 1950-51 (1st April, 1950 to 31st March,
1951) and subsequent years at such rates as the
Provincial Government may from time to time by
notification in the official Gazette determine :

Provided that the rate of revenue so determined shall not
exceed the usual rate for the time being for such class or
classes of lands in the neighbourhood :

Provided also that different rates may be determined for
lands in different localities :

Provided further that the term of assessment to revenue
shall after the 31st March, 1950, be for such period as will be
consistent and concurrent with the period of settlement for
other lands in the area in which the grant is situate.


Regulation
I of 1886

Regulation
I of 1886


**Recovery of**
**revenue and**
**costs, etc.**


4. All sums due on account of any revenue assessed on any land
under this Act and for costs of inquiry and survey, if any,
under section 7 shall be payable by the grantee, or granteesjointly and severally when more than one, and shall be
recoverable in accordance with the provisions of Chapter V
of the Assam Land and Revenue Regulation, 1886.

_Explanation.- The expression 'grantee' includes the heirs_
and successors in interest of the grantee, and where the
grantee is a minor or of unsound mind, or an idiot--his
guardian, committee, or other legal curator.


1. Omitted by Assam Act XV of 1949


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**Subject to**
**section 3**
**conditions of**
**grants remain**
**unmodified.**

**Power of**
**provincial**
**Government.**

**Grantees**
**required to**
**furnish**
**information.**

**Appeals.**

**Limitation of**
**such appeals.**


5. Subject to the liability to be assessed to revenue in terms of
section 3, nothing herein contained shall be deemed to
modify the terms and conditions of any grant, or prejudice
the rights and privileges of the grantee in any way.

6. The Provincial Government may from time to time by
notification in the official Gazette
(a) appoint officers to assess and collect any revenue
under this Act and to do such other acts as may be
deemed necessary for the purpose and make rules for
the guidance of such officers in assessing or collecting
such revenue;

(b) prescribe the form of demand and by what instalments
and at what time such revenue shall be payable ;

(c) exempt any land from liability to pay the whole or
any part of such revenue ;

(d) refund in whole or in part any revenue paid.

7. All grantees shall, on the requisition of any officer appointed
under section 6 to assess and collect the revenue, furnish such
information as they may be called upon to supply regarding
the area and class of land held by them, the extent of such
land under cultivation, and the crops grown, and all other
information necessary to enable him to determine the
revenue. In case of default or refusal to supply such
information when required, or if the officer appointed as
afornsaid has reason to doubt the correctness of the
information supplied, such officer may, personally or by
means of his subordinates, carry out any inquiry on the land
which may be necessary and make any surveys which he may
deem essential to the obtaining of such information ; and the
cost of such inquiry and surveys shall be borne by the grantee
in all cases of default or refusal, and, when such inquiry is
undertaken in consequence of doubt as to the correctness of
the information rendered, if the inquiry and survey made
show the information supplied to have been substantially
incorrect.


8.


(1) An appeal from the order of any officer appointed under
section 6 to assess or to collect the revenue shall lie to the
High Court of Assam, and the order passed on such appeal, if
any, shall be final.

(2) The period of limitation for an appeal under sub-section
(1) shall be sixty days from the date of the order appealed
against.

In computing such period, and in all respects not herein
specified, the limitation of appeals shall be governed by the
Indian Limitation Act, 1908.

3


Act IX of
1908


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**Bar of**
**jurisdiction of**
**Civil courts.**


9. Subject to the provisions of section 8 no Civil Court shall
exercise jurisdiction in any of the following matters
(a) question as to the amount of revenue to be assessed and
the mode or principle of assessment ;

(b) claims connected with, or arising out of, the collection
of land revenue, or any process for the recovery of an
arrear of land-revenue ; and

(c) claims to exemption, remission or refund of any
revenue payable or paid under this Act.


**Power to make** 10. (1) The Provincial Government may make rules to carry out
**rules.** the purposes and objects of this Act.

(2) In particular and without prejudice to the generality of the
foregoing such power, such rules may
(a) prescribe the procedure to be followed in filing
appeals; and

(b) prescribe the court-fees, if any, for appeal petitions.

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