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

343 
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 estat es, 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 expedi ent 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-R evenue, 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 a ward of the Boundary Commission referred to 
in section 3 of the Indian Indep endence 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 compri sed 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 Provinc e o f 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" include s 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 r ecord 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 th e oarticular>; referred to in section 3, 
the .amount~ of land-revenue s or rents. as the case may be, and of cesses payable 
*For Statement of Obj ects and Reason s see "Assam Gazette, Extraordinary" , 
March 2, 1950, page 92. 
14 
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 apportio nment 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 Stat e Governmeat may make 
a1"o: m~y ·cstl,firin the record with or withou t am endm ent ; · · . 
Provided that no entry shaH be amended or omission supplied unless notice 
bas heen givei:L tb' the parlies concern ed 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 publish ed 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 appe al to the superior R evenue 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 afte r giving notice lo the parties con• . 
cerned - fOr suth pehoa ah d in· such man ner 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 alt erations 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 appo rtionment 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. 
saitl1 date); and 
(b) all laws for the time being in force relating to the creation or sett! 
~enCof;' esfates, tenure s or holdin gs· or to tlie: recovery of lana :revenues ; 'reti 
or cesses in . respect there of shall be deemed to have been and to be applicab\e 
345 
mutatis mutandis fo such partition ed estat es, .tenures or holdin gs on and from ·the 
said date. 
10. Protection of Action taken unde1 the Act.-(1) No suit, prosecution or 
other legal proceedin gs shall li e agai nst 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 lie again st the State Govern ment for an y 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 there under. 
11. Powers 10 make rule s.-- (!) The Slate Gove rnm ent may make rulcs 1 for 
carrying out the purpo ses of this Act. 
(2) In particular and without prejudi ce to the generality of the foregoing 
iJOWer, such rule s ma y provid e for a ll or any of the following matter s, namely: ­
(a) the manner of preparin g a record a nd the parti cular s to be contained 
there.in referred to in section 3 : 
(b) the manner of. and · the prin ciples 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 Reve nue author ity rd cr rcd to in sub-·section (I) of section 6, and 
the dispo sal of objecti ons under sub-sec tion (2) a nd th e manner of final publica­
tion of a record und er sub-s ection (3) of lltat sec ti on : 
(e) the period of, a nd the manner of. giving notice referr ed to in the pro­
vi ~o to sub-section (2) of sec tion 6 and in sec tion 8 : and 
(f) the s uperi or Re ven ue authorit y refe rred to in sub-sec tion (1) of sec­
tion 7, the mann er of presentation of app eals to such authority and the period 
within which such app eals shall be prese!1tcd und er the said sub-section. 

‹ Prev All Assam acts Next ›