The Assam Land and Revenue Regulation (Amendment) Act, 1947

ASSAM ACT  XV  OF  1947
TH E ASSAM  L AND  AND RE VE NU E RE GU LA TION  (AM ENDM ENT) 
ACT, 1947.
(Passed by the Assembly)
[ R eceiv ed  th e a sse n t o f  th e G over n or on th e 11 th  O cto b er, 19 47 .J
[ Published in the Assa m Gazette of the 22nd Octobe r, I°47.]
An
Act further to  amend the Assam Land and Reven ue Reg ulat ion, 1886
Preamb le.
t it le
Whereas it is expedient fur the r to amend  the Assam ^eg,u}g g(°n 
Land and  Revenue Regulation , 1886, here inaf ter called the ° b ‘  
said Regu latio n, in the ma nner hereinafter app earing  ;
It is hereby enac ted as follows : —
1. (1) This  Act shall be called the Assam Lan d and 
Act, 1947.
Short
and com- Revenue Regu latio n (Amendment) mencement.
(2) It  shall come into force at once.
2. To the said Regulatio n, the following shall be adde d 
n e w as C hapte r X, comprising  sections 160, 161, 162, 163, 164, 
165, 166, 167, 168, 169, 170 and 171, na me ly:—
Addition of 
a
Chapter X, 
comprising 
sections 160  
to 171, to 
Reg ulat ion I 
of 188 6.
‘CH AP TE R X
Prote ction  
of certain  
classes.
Pr ote ction of  backwa rd cl as ses
160. (1) Notwithst anding any thin g hereinbefore con­
tain ed, the  Provincial Governm ent may ado pt such 
measures as it deems fit for the protection of those classes 
w ho on  accoun t of their  prim itive  cond ition and  lack of 
education or materi al advanta ges are incapa ble o f looking 
afte r the ir welfare in so far as such welfare depends upon 
the ir having sufficient land  for the ir maintenan ce.
(2) Th e Prov ihcia l Governmen t ma y, by notifica­
tion in the  official Gazette, specify the classes of people 
whom  it considers entitled to protection by such measures as 
aforesaid .
Con stitu tion 161. Th e protective measures may  includ e the  constitu- 
of com pact t ;o n  o f co mpa ct areas, in regions predom inantly  peopled by 
the  classes of people notified un de r the provisions of sub­
section (2) of section 160, into  belts or blocks. Th e 
boundaries of th e areas so con stituted shall as far as possible 
coincide wi th ma uza  boun daries or be otherw ise easily
distin guish able.
Extension o f 16 2. (1) Th e Prov incial Governmen t may, by notifica- 
Ch apter  X tion in the official Gaz ette , dire ct th at the  provisions of this 
to  such Ch apter  shall app ly to the areas, or any o f the areas, consti­
tut ed into belts or blocks und er the provisions of section 
161. On  such app lica tion , the  disposal of land by lease for 
ord inary cultiva tion , the  na tur e and extent of rights 
conveyed by ann ual  or periodic leases, the termination or
[ Price  anna s 2 or  2d.]

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tv-*-
forfeiture of.such  rights, the ejec tme nt of persons in occu pa­
tion who have no valid right in the  lan d, the man age ment 
or letting ou t in farm of l and  in  ce rtain circu mstances by the 
Deputy Comm issioner, and  oth er allied or conn ected  
matters shall, so far as possible, be governed by the pro­
visions of  this Ch apter  and the rules mad e the reu nde r. 
- Where this is n ot possible, the Deputy Commissioner shall
be guid ed by the  spir it of the  provisio ns of the foregoing 
Cha pters of the  Reg ulation  and the rules mad e there­
und er.
(2) Th e Provincial Gov ern ment may , in like ma nner, 
dir ect  th at  the provisions of this Ch apt er shall cease to 
apply  to any are a, or areas, or portions of any  area or 
are as, to which they have been app lied  under  the provisions 
of sub-section (1).
(3)  Th e app lication  of th e provisions of this Chapt er 
to any area as aforesaid will not affect
(a) land  settle d for special cultivation or purposes 
ancillar y to special cultivation (including grants mad e for 
tea cultivation) ,
( £ > )  lakher aj, nisfkheraj or special estates settled with 
non-cultivators for the ir mainte nance,
which land  and  estates and  the righ ts and interests  therein 
shall continue to be governe d by the provisions of the fore­
going Ch apters of th e Reg ulation  and the rules made the re­
under.
Disposal of  16 3. (1) Th e disposal of la nd , in areas to which the 
'poses of cul- Pr o v ’s*0 n s  °f this Ch ap ter  app ly, for the purpose of 
tivatio n. ord inary cultivation or purposes anc illary the reto, shall be 
in accorda nce with such policy and  procedu re as may be
ado pte d and direc ted by the Prov incia l Governme nt. _
(2) In  ado ptin g and directing such policy or procedure
the Provincial Governmen t shall take  into cons ideration— 
(a) the  bo na  fide needs of those who are perm anently 
residing in the  area on the date of th e notification under  sub­
section (1) o f section 162,
( Z > )  the bo na  fide needs of those who are  temporarily 
residing  in the are a, bu t who are sett lem ent holders of land  
within the are a, on the afores aid date, and who are likely 
to und erta ke to become perm anently  resident therein  wit h­
in a reasonable  time,
(c) the bu na  fide needs of mem bers  of the classes 
notified und er sub-section (2) of section 160, who are 
living elsewhere in the  d istrict, and
(rf) if the  extent of cult ivable land  available for 
settlem ent in the belt or block be large enough, the bo na  fide 
needs of oth er classes of persons residing in the neighbour-
(
 hood of the belt or block. Preference shall be given to 
persons whose relig ion, mode of  life, agricu ltural custom s 
and hab its are  the  more akin  to those  of the classes for 
whose pro tection  the  belt or block was con stitu ted.
settlem ent0*  ^ 4 . W  A sett lem ent hold er other than a land holder 
holders and  shall have n, o right s in the land  held by. him beyond 
land - such as are expressed in his s ettlement lease.
holders.
k  -
L-
 
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Ej ectm en t 
an d evic 
tio n.
Im m un ity.
(2) A landho lder shall have a right of use and 
occu pancy in the land held by him subject to any restrictions 
or modifications prescribed in rules made under this 
Ch apter , and  to the provisions of section 9.
(3) Th e rights of a land holder  derived from a 
periodic lease in respect of land to which the  provisions 
of this Ch apter  have  been app lied , and issued before 
the da te o f the notification und er sub-section (1) o f section 
162 shall, for the perio d during which the area remains 
subject to the provisions of the  Chapt er, be the  same as 
described in sub-section (2).
165. (1) In the case o f unsettle d land, any person who 
witho ut valid autho rity  has encroached upo n or occupied 
it shall be liable to ejectment forthwith.
(2) In  the  case of annually settled lan d, persons oth er 
than  settlem ent holders, members of the ir families and 
hire d serv ants, if found in occ upation  thereof, shall be 
liable to ejectment forthw ith.  Th e settlement, with the 
sett lem ent holder shall, unless terminated  earlier  for 
infringe men t of th e conditions of the lease or for  any acti on 
con trary to or inco nsis tent with the rights confe rred on 
him  by the  lease, aut om atic ally  ter mi nate at  the end of 
the period covered by the lease.
(3) (a) In  the case o f periodically  settled land, persons 
who have ente red into occupation  withou t valid aut hority  
from  the  land holder or whose entr y or occ upation  is or has 
com e about in a ma nner inconsistent with the  provisions of 
this Ch apter  shall be liable to eviction.
(6) Such eviction shall be preceded by service of notice 
requiring the occu pant s to vac ate the land, and  to remove 
all building s and  oth er constructions ere cte d, and crops 
raised, wit hin a  p erio d not exceeding one mo nth  from the 
da te of rec eipt o f the notice.
(c)  Th e Deputy Commissioner may , after the  persons 
concern ed have evacuated or been evicted from the land , 
take the land under his own m ana gem ent , or may  let it in 
farm , for such perio d as he thinks fit, bu t shall give the 
landho lder a reasonable  opp ortu nity  of und erta king in 
writing th at he will do everything in his power to prevent 
una uth orised  occupat ion by oth er persons in fut ure , and  of 
agreeing  in writing tha t, on his failure to do so, he will 
forfeit his r ights and status of a land holder  in respect of th e 
land. If  satisfied with an und erta king and agre ement as 
aforesaid, the Dep uty Commissioner shall accept them , and 
they shall be deem ed to govern the landhold er’s future 
rights and  status in respect of the land, and  the land shall 
the n be restored to the land holder.  If  the landho lder sub­
sequently contravenes the und erta king as aforesaid, or any of 
the  provisions of section 9, he shall be liable to forfe iture of 
his rights and status in respect of the lan d, which will then 
be available for settlement afresh, subject to any lawful 
encumb ranc es subsisting upon it.
166. No suit shall lie against any public serv ant for 
any thin g done by him in good faith under this Cha pter.
dktion? Url S"  167. No Civil Co urt  shall exercise jurisd iction  in any of 
the  matters covered by this Chapt er.

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Investme nt 168. Th e Provin cial Governmen t may, by notification
of powers. j n  t jl e official Gazette, invest any Revenue Officer with the  
powers of the Deputy Commissioner under  all or any of the 
provisions of this Ch apter  wit hin such limits, with such 
restrictions and for such period as may be specified, and 
may w ithd raw from any such Officer any of the powers so
conferred upo n him.
Appeals. 169. (1) An app eal shall lie under  this Ch apter  : —
(a) to the Deputy Commissioner, from any origina l
ord er passed by any Officer subo rdin ate to him, and
( Z > )  to the Revenue  Tr ibu nal, from  any original
order passed by a Dep uty Comm issioner.
(2) Except in regard to orders rela ting  to per iodi­
cally settled land , an ord er passed on app eal und er sub­
section (1) clause (a) shall be final.
(3) In regard to orders relatin g to periodically 
settle d land an app eal will lie to the Revenue  Tribu nal 
from an app ella te order of the Deputy Commissioner.
Revision. 170. Th e Revenue  Tri bunal or the  Dep uty Comm is­
sioner may call for the  proceedings held by any Officer 
subo rdin ate to it or him , and  pass such order s thereon as It 
or he thinks fit.
Rules. 17]. Th e Provincial Gover nment may , by notification
in the official Gaz ette, ma ke rules for the purpose of 
carryin g ou t the provisions of this Ch ap ter” .
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A.G .P. (Leg.) No.28— 1,000+35—3-2-1943.

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