The Assam Land and Revenue Regulation (Amendment) Act, 1947
#### ASSAM ACT XV OF 1947

TH E ASSAM LAND AND REVENU E RE GU LA TION (AM ENDMENT)

ACT, 1947.

(Passed by the Assembly)

**[ R eceiv ed th e a ssen t o f the G over nor on th e 11 th O cto ber, 19 47.J**

[ Published in the _Assam Gazette of the 22nd October, I°47.]_

**_An_**

_Act further to amend the Assam Land and Revenue Regulation, 1886_

Preamble. Whereas it is expedient further to amend the Assam ^ [eg],u}gg([°][n]

Land and Revenue Regulation, 1886, hereinafter called the ° b ‘

said Regulation, in the manner hereinafter appearing ;

It is hereby enacted as follows :—

Short **tit le** 1. (1) This Act shall be called the Assam Land and
and com- Revenue Regulation (Amendment) Act, 1947.
mencement.
(2) It shall come into force at once.

Addition of 2. To the said Regulation, the following shall be added

a new as C hapter X, comprising sections 160, 161, 162, 163, 164,
Chapter X,
comprising 165, 166, 167, 168, 169, 170 and 171, name ly:—
sections 160
to 171, to

Regulation I
of 1886.

‘CHAPTER X

_Protection of backward classes_

Protection 160. (1) Notwithstanding anything hereinbefore con­
of certain

classes. tained, the Provincial Government may adopt such

measures as it deems fit for the protection of those classes
who on account of their primitive condition and lack of
education or material advantages are incapable of looking
after their welfare in so far as such welfare depends upon

their having sufficient land for their maintenance.

(2) Th e Provihcial Government may, by notifica­

tion in the official Gazette, specify the classes of people

whom it considers entitled to protection by such measures as
aforesaid.

Constitution 161. The protective measures may include the constitu-

of compact t ;o n o f compact areas, in regions predominantly peopled by

the classes of people notified under the provisions of sub­
section (2) of section 160, into belts or blocks. The

boundaries of the areas so constituted shall as far as possible
coincide with mauza boundaries or be otherwise easily

distinguishable.

Extension of 162. (1) The Provincial Government may, by notifica-

Chapter X tion in the official Gazette , direct that the provisions of this
to such Chapter shall apply to the areas, or any o f the areas, consti­

tuted into belts or blocks under the provisions of section
161. On such application, the disposal of land by lease for

ordinary cultivation, the nature and extent of rights

conveyed by annual or periodic leases, the termination or

_[ Price annas 2 or 2d.]_


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**2**

forfeiture of.such rights, the ejectment of persons in occupa­
tion who have no valid right in the land, the management
or letting out in farm of land in certain circumstances by the
Deputy Commissioner, and other allied or connected

matters shall, so far as possible, be governed by the pro­
visions of this Chapter and the rules made thereunder.

k -

      - Where this is not possible, the Deputy Commissioner shall

be guided by the spirit of the provisions of the foregoing

##### tv-*-

Chapters of the Regulation and the rules made there­
under.

(2) The Provincial Government may, in like manner,

direct that the provisions of this Chapter shall cease to
apply to any area, or areas, or portions of any area or
areas, to which they have been applied under the provisions
of sub-section (1).

(3) The application of the provisions of this Chapter

to any area as aforesaid will not affect

_(a) land settled for_ special cultivation or purposes

ancillary to special cultivation (including grants made for
tea cultivation),

(£>) lakheraj, nisfkheraj or special estates settled with

non-cultivators for their maintenance,
which land and estates and the rights and interests therein
shall continue to be governed by the provisions of the fore­
going Chapters of the Regulation and the rules made there­
under.

Disposal of 163. (1) The disposal of land, in areas to which the

'poses of cul- P[r o v] ’[s] *0 n s °f this Chapter apply, for the purpose of

tivation. ordinary cultivation or purposes ancillary thereto, shall be
in accordance with such policy and procedure as may be

adopted and directed by the Provincial Government. _

(2) In adopting and directing such policy or procedure L-

the Provincial Government shall take into consideration—

(a) the _bona fide needs of those who are_ permanently

residing in the area on the date of the notification under sub­
section (1) of section 162,

(Z>) the _bona fide needs of those who are temporarily_

residing in the area, but who are settlement holders of land
within the area, on the aforesaid date, and who are likely
to undertake to become permanently resident therein with­
in a reasonable time,

(c) the _buna fide needs of members of_ the classes

notified under sub-section (2) of section 160, who are

living elsewhere in the district, and

(rf) if the extent of cultivable land available for

settlem ent in the belt or block be large enough, the _bona fide_
needs of other classes of persons residing in the neighbour-

hood of the belt or block. Preference shall be given to

## (persons whose religion, mode of life, agricultural customs

and habits are the more akin to those of the classes for
whose protection the belt or block was constituted.

settlement0     - ^ 4 . W A settlement holder other than a landholder

holders and shall have n,o rights in the land held by. him beyond
land- such as are expressed in his settlement lease.

holders.


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(2) A landholder shall have a right of use and

occupancy in the land held by him subject to any restrictions
or modifications prescribed in rules made under this

Chapter, and to the provisions of section 9.

(3) The rights of a landholder derived from a

periodic lease in respect of land to which the provisions
of this Chapter have been applied, and issued before
the date of the notification under sub-section (1) of section
162 shall, for the period during which the area remains
subject to the provisions of the Chapter, be the same as
described in sub-section (2).

Ejectment 165. (1) In the case o f unsettled land, any person who
an d tio n. evic without valid authority has encroached upon or occupied

it shall be liable to ejectment forthwith.

(2) In the case of annually settled land, persons other

than settlem ent holders, members of their families and
hired servants, if found in occupation thereof, shall be
liable to ejectment forthwith. The settlement, with the
settlement holder shall, unless terminated earlier for

infringement of th e conditions of the lease or for any action
contrary to or inconsistent with the rights conferred on
him by the lease, automatically terminate at the end of
the period covered by the lease.

(3) (a) In the case o f periodically settled land, persons

who have entered into occupation without valid authority
from the landholder or whose entry or occupation is or has
come about in a manner inconsistent with the provisions of
this Chapter shall be liable to eviction.

(6) Such eviction shall be preceded by service of notice

requiring the occupants to vacate the land, and to remove
all buildings and other constructions erected, and crops
raised, within a period not exceeding one month from the
date of receipt o f the notice.

(c) The Deputy Commissioner may, after the persons

concerned have evacuated or been evicted from the land,
take the land under his own m anagem ent, or may let it in
farm, for such period as he thinks fit, but shall give the
landholder a reasonable opportunity of undertaking in

writing that he will do everything in his power to prevent
unauthorised occupation by other persons in future, and of
agreeing in writing tha t, on his failure to do so, he will
forfeit his rights and status of a landholder in respect of the
land. If satisfied with an undertaking and agreement as

aforesaid, the Deputy Commissioner shall accept them, and
they shall be deemed to govern the landholder’s future
rights and status in respect of the land, and the land shall
then be restored to the landholder. If the landholder sub­
sequently contravenes the undertaking as aforesaid, or any of
the provisions of section 9, he shall be liable to forfeiture of
his rights and status in respect of the land, which will then
be available for settlement afresh, subject to any lawful
encumbrances subsisting upon it.

Im mun ity. 166. No suit shall lie against any public servant for

anything done by him in good faith under this Chapter.

dktion? [UrlS]" 167. No Civil Court shall exercise jurisdiction in any of

the matters covered by this Chapter.


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Investment 168. The Provincial Government may, by notification

of powers. jn t jle official Gazette, invest any Revenue Officer with the
powers of the Deputy Commissioner under all or any of the
provisions of this Chapter within such limits, with such
restrictions and for such period as may be specified, and
may withdraw from any such Officer any of the powers so

# 1

conferred upon him.

Appeals. 169. (1) An appeal shall lie under this Chapter :—

_(a) to the Deputy Commissioner, from any original_

order passed by any Officer subordinate to him, and

(Z>) to the Revenue Tribu nal, from any original

order passed by a Deputy Commissioner.

(2) Except in regard to orders relating to periodi­

cally settled land, an order passed on appeal under sub­
section (1) clause (a) shall be final.

(3) In regard to orders relating to periodically

settled land an appeal will lie to the Revenue Tribu nal
from an appellate order of the Deputy Commissioner.

Revision. 170. The Revenue Tribunal or the Deputy Commis­

sioner may call for the proceedings held by any Officer

subordinate to it or him, and pass such orders thereon as It
or he thinks fit.

Rules. 17]. The Provincial Government may, by notification

in the official Gazette, make rules for the purpose of

carrying out the provisions of this Ch apter” .

A.G.P. (Leg.) No.28—1,000+35—3-2-1943.


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