The Assam Land and Revenue Regulation (Amendment) Act, 1946

w
The 27th Nov emb er 1946
No .L .112 5/46/15.-—Th e following Act of th e Assam Legislatu re having been  
'ass ented to in His Maje sty’s nam e by the Gove rnor, is hereby published for 
general  info rma tion  :—
[Received the assent of th e Governor on the  26th Novemb er 1946.]
ASSAM ACT XI OF 1946
s
Pream ble. 
Regu la­
tion I of 
1886.
Sh ort title, 
exte nt and 
commence­
ment.
Amend­
me nt of 
section 53A 
of Regula­
tion I of 
1886.
Insertion of 
a new sec­
tion 69B  in 
Regulation 
I ef  188 6.
“  Attach­
men t of 
estates pe r­
taining to 
tel'g ious 
institu­
tions” .
TH E ASSAM LAN D AND RE VE NU E (AME ND ME NT ) AC T, 
1946
[Passed by the Assam Legislature.]
(Published in the Assa m Gazette of the 4th December 1946.)
An Act to amend  the'Assam Land and Rev enu e Reg ulation, 1886 {Regula tion I 
o f 1886).
Whereas it is expe dien t further to amend the  Assam La nd  and 
Revenue Regulati on, 1886 (hereinafter referred to as the princ ipa l 
Regulati on), in the manner hereinafte r appea ring ;
It is hereby enac ted as follows : • — •
1. (1) This Act shall be called the Assam Land and Rev enue 
(Am endm ent) Act, 1946.
(2) It shall have the  like e xten t as the prin cipal Reg ulation .
(3) It  shall come into  force on such da te as the Pro vin cia l 
Gov ernmen t may, by notification in the  official Gazette, ap po int .
2. In  sub-section (2) o f section 53A of the  prin cipal Re gu lat ion , 
betw een the words “ may  ” and  “ app ly ”, the words “ wit hin a 
period of three  yea rs o f the  date of such orde r ” shall be inser ted.
3. After section 69A of the prin cipal Reg ulation , the following 
shall be inserted as section 69B, namely :—
“ 69B. (1) When an arrear  has accrued in respect of any estat e 
per tainin g to a religious inst itut ion, the De puty Comm issioner 
afte r consultation with the  Managing Comm ittee  of the religious 
institu tion , if there be any, nfay, with the previous sanction of the  
Commissioner, att ach  such estate and  may  take it under  his own 
ma nag ement or may let it out in farm .
(2) Whenever the Deputy Commissioner atta ches under sub­
section (1) an estate per tainin g to a religious institut ion to which 
anoth er estate or oth er estates in the same dist rict per tain , the  Deputy 
Comm issioner may , with  the  previous sanction of the Prov incia l 
Gov ern ment, also attach  such other estate or some or all of such oth er 
estates, and  take it or them under  his own manageme nt or let it or 
them out in farm.
(3) Dur ing the con tinu ance of an attach men t under sub-section 
(1) or (2), the settlement-holde r, or, when an estate is lakheraj or 
revenue-free, the lak her ajd ar or pro prietor, as the  case may  be, shall 
be excluded  from possession of the land attach ed ; and the Deputy 
Commissioner or the person  to w hom it is let in farm  by the  Deputy 
Commissioner shall have  all the rights of th e settlement-holder, lakhe­
rajdar or proprie tor, as the case may be, to man age the  estate or estates 
and  to realise the rents and profits arising therefrom.
 
 
V
Amend
ment
Section
78A
Reg ula­
tion  X  
188 6.
(4) (t) The incom e of every estat e attach ed  under sub-section 
(1) or (2) shall be applied as follows : —-
Firstly, to the  d efray ing of the costs of attac hm en t, manageme nt 
and collection in respect of all the  estates so at tac hed ;
Secondly, to the  pay ment of all sums lawfully due  to the Gov ern­
me nt on account of rev enue or otherw ise in respect of any' of the estates 
under  atta chme nt ; and
Thirdl y, to the  disch arge o f th e arr ear for the recovery of which 
the  a tta chmen t was made.
(«) Should any surplus rem ain after the  app rop riations as 
aforesaid , it shall be paid to the perso n conducting  the  daily 
worship or prayer at  the inst itut ion concerned on his furnishing  
such security as the Dep uty Commissioner may req uire.
(5) (/) Save as prov ided  in clauses («) and  (m) of this sub ­
section, every att achm en t under sub-section (1) or (2) shall c ontinue 
un til the arrears in respect of all the estates so attach ed are fully 
realised or paid.
(m) When an estate is released from attach me nt, the  Deputy 
Commissioner shall forthwith rein stat e the  settlement- hold er, iakh e- 
rajd ar or pro prietor, as the  case may  be, in possession :
Prov ided th at if the  Dep uty Commissioner is not satisfied that the  
futu re manag ement o f any such estat e or estates would be such as would 
ade qua tely  ensure the pun ctu al pay ment of futu re dues to Govern­
me nt in respect of such esta te or estates, he may , with  the previous 
sanction of the Provincial Gov ernmen t, ma intain  the  att achm en t 
of such estate or estates in force un til he is so satisfied.
(u7 ) No attach me nt shall con tinu e for a period longer tha n two 
years wit hou t the previous sanction of the Prov incial Governme nt” .
4. In section 78A o f the principal Regul atio n :— 
of (1) In  sub-section (1) :—
(a) the words “ either owning such estat e or a pa rt thereof or 
o f holding an interest therein by virtue of a title acquired before such 
of sale” ,  shall be om itte d, and
( Z > )  for the words “ on or before the thi rtieth  day from the date o 
sale ” , the words “ at or before noon on the sixtieth day from the day 
of sale, r eckoning the said day o f sale as the first of the said sixty day s,” 
shall be substituted.
(2) After  sub-section (2) the  following shall be add ed as sub-sec­
tio n (3), namely : ■ —
“ (3) Nothing  in this section shall be deem ed to crea te in favou r 
of  the  perso n making such deposit any title or right to such estate or 
pa rt of estate, merely by virt ue of the fact that he has mad e such 
deposit or that the  sale has been set aside at  his instance.”
H. G. ST OR K,
Secy. io the Govt, o f Assam  in the Leg. De ptt .
 

‹ Prev All Assam acts Next ›