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

The Assam Gazette
e u n e n s q
EX TR AO RD INAR Y
FO TO SB OT  m A U TH O R IT Y
103 30 1981, 9 1903 («f^)
No. 103 Dispt ir, W ed ne sday , 30 th D ec em be r,  1081 9th Pau sa ,
1903 (8.  E . )
GOV ERN MEN T OF ASSAM '  ■  ']
ORDER S BY  THE GOVE RNOR
LEGIS LATIVE (LAW) DEPAR TMENT : LEGISLATIVE BRANCH
NOTIFICATION
e .  ' ' ' ■  I The 30th Dece mber 1981
No.LGL.91/80/2.—The following Act pro mulgated by the  Presi­
den t and  pub lish ed in the  Gaz ette  of India Ex tra ordinary Pa rt- II of 
Section I, dated 30th Decem ber, 198 1 is rep ublished for gen eral 
info rma tion . ,
U. TAHBIL DAR, 
Secre tar y to  t he Govt, of Assam,
Legislative Departme nt.
Name of Act No. of Act Date  of assent.
The Assam Land and Revenue President’s Act 28th December 19 81  
Regulation (Amendment) Aet, No. 2 of 1981.
1981,
C*  .- o f

618 THE AS SA M GAZETTE , EXTRAORDINA RY, DEC. 30, 1981
Presi dent’s Act N o . 2 of 19 81
Received the assent of the President of India on 28th December, 1981
THE ASSAM LAND AND REVENUE REGULA TION 
(AMENDMENT) ACT, 19 81
Enacted by the President in the Thirty-second Year of the Republic  
of India.
i ; An
Act
fu rthe r to amend the  Assam Land and Revenue Regu lation, 188 6.
In exercise of the  powe rs con ferred by section 3 of the Assam 
Sta te Legislatu re (Delegation of Powers) Act, 1981 (39  of 198 1), the 
Presi dent is pleased to enac t as follo ws :—
1. Sh ort titl e.—This Act ma y be called the  Assam Land and 
Rev enu e Regulation (Amendm ent) Act, 1981.
2. Am end men t of section 162.—In section 162  of the  Assam Land 
and Reven ue Regu lation, 188 6 (Regulatio n I of 1886), (he reinaf ter 
referre d to as the  prin cipal Regulation),—
(a) in sub-section (1) , the concluding portion  beginnin g wit h 
the words "w here this is not possible” and ending with the  words 
"ru les  made ther eu nd er” shall be om m itt ed ;
(b) in sub-section (2), the  following proviso shall be inserted 
at the  end, name ly :—
"Provi ded  th at  nothing containe d in this  Chant er or in the 
rul es made thereu nd er sha ll affect any  tra ns fe r by way  of a 
mortga ge in favour of any  nationalised bank, a co-o perative 
society reg iste red  under the Assam  Co-operative Society Act, 
1949 (Assam Act I of 1950), or such oth er financing ins titu tion 
as may be approved by the  Sta te Government,.”.
"'I' I v-' A;3. Am end men t of section 163.—In section 163  of the  principa l 
Regulation ,—
(a) for sub-section (2), the  follow ing sub-section shall be sub ­
stit ute d, nam ely  ■ : —
"(2) In adopting and dire ctin g such policy  or proc edu re the  
Sta te Government shall tak e into  conside ration—
(a)  ,  first, the  bonafide need s of the  persons belon ging to 
the classes notified un de r sub-section (2) of section 169, who 
are  perm anently  residing  in such area from befo re its cons- 
tit ution un de r section 16 1 ;
(b) secondly, the bonafide need s of the  perso ns belonging 
to such classes who are  tem porar ily residing in such area 
from  before its constitutio n bu t who are settleme nt holders 
of lan d within the  area , on the  date of its  constitu tion, and 
who are like ly to underta ke to become permanent  residents 
therein  within a reasonable ti m e ; and
 
THE ASSA M GAZETTE, EXTRAORDINARY, ©EC. 30, 19 81  619
(c)  thirdl y, if the  ex ten t of cultiva ble lan d available for 
settleme nt in the  be lt or block be large, enoug h, the  bonafide 
needs of,
(i) the  persons belonging to the oth er classes of people 
residin g in the belt or block from  before t he  constitu tion of 
the  belt or bl oc k;
(ii) the perso ns belonging to the  classes notified under  
sub-sec tion  (2)  of section 160 , who are livi ng else whe re in 
the Sta te.”;
(b) after  sub-section (2) , the  follow ing sub-section shall be 
inserted, nam el y ;—
"(3) The policy  adop ted and directed  un de r sub-section (1) 
shall also provide th at  no settleme nt wi th the perso ns belonging 
to the classes of people men tioned in clause (c) of s ub-s ection (2) 
sha ll be mad e except with the  previous app roval of the  Sta te 
Gover nment.”.
4. Am end men t of section 164.—In section 164 of the  principa l 
Regulation, in sub- section (2) , the following provisos sha ll be ins er­
ted, nam el y:—
"Prov ide d th at  no land holde r sha ll tra ns fe r his lan d in a belt 
or bloc k—
(a) to any  pers on not belon ging to a class of people notified 
un de r section 160; or
(b) to any person who is not a perm anent resident in that 
belt or block :
Pro vided fu rthe r that no such land holder  shall tra ns fer his 
lan d in a belt or block to any  person who is a permanent  residen t 
in that belt or block who does not belong to a class of people noti­
fied un der section 160 except with the  prev ious  permission of the  
Deputy Co mm ission er :
Pro vided also th at  in gra nting such  perm issio n the Dep uty 
Commissioner shal l hav e due reg ard  for the int ere sts  of persons
belongin g to the  classes notified un der that section.” .' ,  ..........
5. Ins ert ion  of new  section 164A.—Afte r section 164  of the  prin­
cipal Regulation, the  follow ing section shall be inserte d, na m el y:—
"164A.—Ba r of acquisition by pre scription  in a b elt or block.— 
Notwithstanding any thing to the  co ntrar y contain ed in this Act 
or in any  law  relating to lim itation, no pers on to whom any  land  
is tra ns ferre d in a belt or block in contrave ntion of the provisions 
of this Ch apt er shall acq uire any  rig ht  or tit le in that lan d by any 
len gth  of possession, wh eth er adv erse or no t.” . __ _ _ _______ _
i z N. SANJIVA REDDY, 
Preside nt.“........ p - ”
R. V. S. PE RI SASTRI, ,
... A  t  - .... ‘  S ecre tar y to the Govt, of India,

c20  THE ASSA M GAZETTE, EXTRAORDINARY, DEG. 30, 19 81
Reasons for the enactment
Ch apt er X of the  Assam  Land and Revenue  Regu lation, 188 6 
(Regulation I of 188 6) provides for protection and fur the ran ce of 
the inter est of tribals in land. The Sta te Gov ernmen t are  compete nt 
to specify, by notification, the  classes of people deserving, in their  
view, special protection and to con stit ute belt or blocks i n areas pre­
dom ina ntly people by such  classes. The existing  schem e of allo tment 
of lan d for ord ina ry cultiva tion  or for purposes  ancilla ry the ret o in 
the  areas con stituted  into  belts or blocks require s, according to the  
Sta te Gov ernm ent, some modifications. They have suggested th at  a 
cle ar and unambiguous prior ity  s hould be given in the law to trib als, 
th at  there shou ld be sta tutory res tric tions on the  rig ht of tra nsf er, 
and that tra ns fer in con trav ention of the  law  should not be saved  
by th e law  of limitatio n. It has, however, been  fel t that tra nsfers in 
fav our of nationalis ed banks co-operativ e societies or oth er financing 
ins titu tions approve d by the  Sta te Government s hould not be sub ject  
to these rest rictions. The B ill seeks to amend Chapt er X of th e Assam 
Land and Revenue  Reg ulation ,1886 to give effect to the se changes.
2. The Con sultation Com mittee con stituted  under the  proviso to 
sub-section (2) of section 3 of the  Assam Sta te Leg isla ture (Delega­
tion  of Powers) Act, 1981, ha s been  c onsu lted befo re the e nac tme nt of 
this  me asu re as a Presiden t’s Act.
S. C. VARMA,
Secy, to the  Govt, of India,
•  (Ministary of R ura l Reco nstruction).
GAUH AT l—Printed and published by the Supdt. i/c., Assato Gov< Printing Press,  
(Ea-G aze ttel N o .2 05-9 20—20 0—25—30-12-1981

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