The Assam Land and Revenue Regulation (Amendment) Act, 1962

81
ASSAM ACT No .X XI I OF 1962
1’HE ASSAM LAN D AND RE VE NU E RE GU LA TION  
(AM ENDM ENT) AC T, 1962
(As passed by the  Assembly)
(R ec eive d the as se nt o f the Go ver nor  on  t he  4th Se pt em be r, 1962)
[Published in the  Assam  Gazette,  Extraord ina ry, dated  the 5th 
Sep tem ber  1962]
A n
Ac t
fu rt h er to amen d the Assam Lan d and  Revenue Regulation, 18 86  
Preamble Whereas it is exp edie nt to abolish the app ella te
and revisiona ry powers of  the Comm issioner and 
otherwise amend  the  Assam Land and Revenue Regu- (Regji ation 
latio n, 1886 here inafter called the  “  Reg ulation  ” in i o s  1886) 
the  ma nner her ein after appeari ng  ;
It  is here by ena cted in the Th irteenth  Year of 
the Rep ublic of Ind ia as follows :—
Sho rt title, 
extent and 
commence­
ment.
1. (1) This Act may be called the Assam Land 
and  Revenue Reg ulation (Am endment) 
Act, 1962 .
a
(2) It shall have the like extent as the Assam 
Land and Revenue Regulati on, 1886.
(3) It  shall come into force on such date as 
the  Sta te Governme nt may , by notification 
in the Official Gazette, app oint.
Amendment 2. In  section 3 of the  R egu lati on, after clause (m ) 
ofRegula3 *he following shall be inse rted  as clause («), na me ly: —
1 * 8 8 6 . “ («) ‘ Board ’  means the Assam Board of
Revenue  con stituted under the Assam 
Board of Rev enue A ct, 1959 o r und er any 
stat utory re- ena ctm ent  or modification 
ther eof.”
Amendment 3.  In  section 79 of the  Reg ulation  :— 
of section
lV ^n ^o f (1) for the  words “ Commissioner or (where
1 8 £ 6 .n ° ther e is no Commissioner) to the Sta te
Governme nt”  the  words “ Deputy Comm is­
sion er”  shall be subs titu ted ;
(2) in the  first proviso, for the words “ Com­
missioner or the  S tate  Governm ent (as the 
case may b e)”  the words “Deputy Com­
missioner” shall be substituted.
 
32
4. In  section 80 o f the  R egulation, in sub-sectionAm endm ent
80 of Kegu- (2) f° r  th e words “ State Governmen t or Gommissio- 
lstion  I of ne r” the words “Deputy Com miss ione r” shall be 
1886. substituted.
Amendment 5. In  section 81 of the  Regulati on, for the words 
of section “ Sta te Go ver nment” the word  “B oard” shall be
su b,dtu .ed .
188 6.
Am endm ent 6, In  section 82 of. he Regulation, in sub-sec ' 
82  SofR °n  t *o n  ^ )>  f°r  the  words “ Commissioner or the  Sta te 
gulation I Go ver nm ent ” the  words “ Dep uty Commissioner’  
of 1886. shall be subst ituted .
Amendment y. In section  85 of  the Reg ulation , in the proviso 
SfCR °n  s u k-section (3), for the words “ Sta te Go vernm ent”
gulatio n6! the  word “ Board ” shall be substitu ted, 
of 1886.
-r
Amendm ent 8. In  section II7 of the Reg ulation , for the  words 
of ^section u  Commissioner of th e Division, or where there is no 
gul ation I Comm issioner, to the Sta te Gover nm ent ” the word 
of 1886. “Bo ard ” shall be substituted.
Amendment 9. In  section 128 of the Reg ulation , after sub- 
SCrtn'>n section (3) the  following shall be add ed as sub-sec-
cf 1886 .
9<(4) Subject to the  gen eral  control o f the Sta te 
Governm ent, all Revenue Officers shall 
be subordinate to the  Board and shall 
exercise all the  powers conferred on them 
by or under this Reg ulation  subject to 
its con tro l.”
Substitution io . For section 130 of the Reg ulation  the  follow- 
lfoo^Re- * n ®  shall be subs titute d, na me ly:—
gulation I 
of  188 6.
“ Power of 
superior reve 
nue auth ori­
ties to with­
draw  and 
transfer 
cases.
Amendment 
of section 
140 of Re­
gulation t 
at 188 6
130 . Th e Board or a Deputy Commissioner or 
Subdivisio nai Officer ma y withd raw  any 
case pen ding before any Revenue Officer 
sub ord ina te to it or him and eith er dis­
pose of it i tself or himself or refer it for 
disposal to any oth er Revenue Officer 
sub ordinate to it or him and having 
power to dispose of the  sam e.”
II. In section 140 of the Regulatio n, for clause (a) 
the following shall be sub stituted, namely :—
the  Board may  h old Court at an} place 
within the Sta te of Assam ;

83
Am end me nt 12. In sub-section fl ) of section 141. of the Regu- 
<?41
s eftj,o n lati on, for th e words “ Sta te Gover nment” , the word 
gula tion**! “B oar d” shall be substituted.
of 1886.
(2) In sub-section (2J  of section 141 of th e Re gu­
lation , between the  words “as”  and  “such” the  word 
“ the  Board or”  shall be sub stituted.
Substitution 13. Sectio n 142 of the  Reg ulation shall be 
i42S e<of°n substitu ted by the  following, na me ly:—
Regulation 
I of 1886.
“ Power to 
fine person 
summoned 
for non- 
attendance.
Amendm ent 
of section 
143 of 
Regulation 
I of 188 6.
142. If  any person  fails to comply with in the 
time  fixed by a notice served on him with  
any requisition mad e upo n him under  
section 141, the Board or the Officer, as 
the  case may be, mak ing the requisition 
may impose upo n him  such daily fine as 
they  or he think s fit, not exceeding fifty  
rupees, until the requisition is complied 
with. Prov ided that,  whenever the  amount 
levied under an order und er this section 
passed by an Officer exceeds five hundred  
rupees the Deputy Commissioner shall report 
the case to the Board  and no fur the r levy 
in respect of the fine shall be made othe r­
wise tha n by aut hority  of the  Board .”
14.  In section 143 of the  Regulati on, in sub­
section (1) the words “ a Comm issioner of  a Division” 
and the following com ma shall be dele ted.
Subs titution 15. po r  section 147 of the  Reg ulation  thf  
l47S e<of°n following shall be substitu ted,  nam ely : —
Regulation 
I  o f 1886.
4-
Authority 
to whom 
appeals lie.
147. Appeals snail lie under this Regul atio n 
fo llo ws: —
as
(a) to the Board  from  order s, original o 
app ella te passed by a Deputy Commis­
sioner, Settleme nt Officer or Survey 
Officer ;
(A ) to the  Deputy Comm issioner, from orders 
passed by a Subdiv isional Officer, an 
Assistant Commissioner or Ex tra  Assis­
ta nt  Comm issioner ;
(< } to the Settl ement Officer, from order? 
passed by an Assistant Settlem ent
Officer ;
I

84
(d) to a Survey Officer, from orders passed 
by an Assistant Survey Officer :
Provided th at no app eal shall lie against the 
follow ing  or der s: —
(? ) order s of an Assistant Settlement Officer or 
Assista nt Survey Officer under  sections 21  
and 22 ;
Gt) orders o f a Survey Officer or Settlem ent 
Officer—
(1) under sections 21, 22 and 24 ;
(2) app orti oning the expense or erecting 
and  rep air ing  boundary-m arks  in 
acco rdan ce with rules made under 
section 27 ;
(tit) order s of a Survey Officer, Settlem ent
Officer or Deputy Comm issioner, ori gin al 
or appellate,  imposing or confirming a 
fine not exceeding fifty rupe es ;
(ip)  orders of a Dep uty Commissioner und er 
section 79 setting aside or refusing to set 
aside the sa le ;
(p) any decision given in accorda nce with an 
award  of arbitra tor s app ointed under 
section 143, except in the case of frau d or 
collusion ;
(pi ) order s und er section 148, adm itti ng an 
appea l after the period of l imi tati on has 
expired ;
(aii) orders expressly dec lared by this Regu­
lation to be final subject to the provision 
of  section 151.”
X
AmenSment 16. In  section 148 of the Re gu lat ion ;— •  
of section 148
° 9 M 8886.ta  n  (1) For  sub-section (1) the  following shall
be sub stituted, namely :—
“ (1) Unless otherwise specially pro vid ed in 
this Reg ulation , or in rules issued 
under this Regulatio n,—
(a) no ap pe al und er section M7, clause  (a) 
shall lie after the  expiration of 2 mon ths 
from the date of the ord er app ealed 
ag ai nst ;

85
(b) no app eal und er same section, clauses (b),
(c ) an d (< /)  shall lie after the expiratio n 
of thirty days from the  date of the order 
app ealed aga inst.”
/2) in sub-se ction (3), for the word “T ri­
bu na l”  the word  “ Board” shall be 
substitu ted.
Amendment I7. In  section 149  of th e Reg ulation , for the  word
of section “ Tribu na l”  the word “Boa rd” shall be substituted. I49 ot Regu­
lation I of 
1886.
Substitution 18.  For section 15 1 of the  Reg ulation , the  follow- 
ofsecbcm^l j n g s]l a u j j e substitu ted,  na mely:—
tion  I of
1886.
“ Power to i51. The Boa rd, a Deputy Com missioner, a
p r°f Settlem ent Officer and a Survey Officer
subordinate  l r a y c a ^ f° r  t ^ e  proce edings held by any
office rs. officer sub ord ina te to it or him, and pass
such orders ther eon as it or he thinks fit.”
Deletion 
of section 15 8 
of Regula­
tion I of
19. Section 
deleted.
158 of the Reg ulation  shall be
1886.
i-
Amendment 20. In  section 169 of the  Regulation, in sub-sec- 
of^R egu la- t ' o n s  (1) W and ( 3 ), for the words “ Revenue 
tion  I of Tribu na l” the word “B oard” shall be sub stituted.
1886.
Amendment 21. In  section I7O of the  Reg ulation , for the
° se c t'°’’  ^7  words “Rev enue Tr ib un al ” the  word “ Board ” shall 
tion I of be  sub stituted.
1886.
Board ’ 22. Any proceedin g under  the  R egulation pen ding
hearCr /■ t0  b e f°r e  Comm issioner immediately before the date 
procee d” commencement of this Act shall be deem ed to
0 ’ hav e been  institu ted  before the Board, and  shall be 
decided  as if it were duly ins titu ted  before the
Board .

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