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Assam Land Revenue, Rent and Cess (Apportionment) Act, 1950


Preamble.- An Act to apportion and fix the land revenues, rents and ceases in respect of the portions and situated within the State of Assam of certain estates, tenures and holdings.
Whereas certain estates, tenures and holding in the State of Assam as it existed before the date on which the award came into force are comprised 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 where as it is expedient 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 of holdings.
It is hereby enacted as follows:
Act XIV of 1950
1. Short title, extent and commencement.-
(1) This Act may be called the Assam land Revenue, 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 subject or context-
(l)"award" means the award of the Boundary Commission referred to in S. 3 of the Indian Independence Act, 1974.
(2)"Cess" includes the local rates levied under the Assam Local Rates Regulation, 1876;
(3)the expression "common estates, tentures or holdings" means estate, tentures and holdings which are comprised 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 Province of East Bengal in the Dominion of Pakistan;
(4)"land revenue" includes any payable in respect of any common estate.
(5)"prescribed" means prescribed by rules made by the state Government under this Act; and
(6)"Revenue Officer" includes 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 of record of lands in common
estates, tentures and holdings.- The State Government may,
by notification in the official Gazette, make an order directing that a record be prepared in such manner and containing such particulars as may be prescribed of all lands in Assam forming parts of the common estates, tentures and holdings.
4. Preparation of record.- When an order has been made for the
preparation of a record under S.3, the Revenue Officer shall
prepare such record accordingly containing, in addition to the
particulars referred to in S.3 the amounts of land revenues or
rents, as the case may be, and of cesses payable in respect of
the portions included in Assam of the common estates, tentures
and holdings, to be determined by the Revenue Officer in such
manner and in accordance with such principles as may be
prescribed.
5. Preliminary publication of record.- When a record has been
prepared under S.4, the Revenue Officer shall cause a draft of it
to be published in such manner and for such period as may be
prescribed and shall receive, during the period of publication of
the record, any objection made in regard to any entry therein or
omission there from relating to the apportionment of land,
revenues, rents or cesses.
6. Final disposal of objections and confirmation and final
publication of record.-
(1) After the expiry of the period of publication of the record
under S.5, the Revenue Officer shall submit the record to the
Revenue Authority prescribed with a summary of the
objections, if any, which he has received and his report
thereon.
(2) Such authority shall finally dispose of the objection
submitted to it under sub-S.(l) according to such rules as the State Government may make and may confirm the record with or without amendment: Provided that no entry shall be amended or omission supplied unless notice has been given to the parties concerned for such period and in such manner as may be prescribed to appear and be heard in the matter.
(3) After confirmation by such authority the Revenue Officer shall cause the record to be finally published in the manner prescribed and such publication shall be conclusive evidence that the record has been prepared under this Act.
7. Appeal and saving.-
(1) Any person who is aggrieved by any entry in or omission
from, the record finally published under S.6 in so far as such
record relates to the appointment and fixation of rents or
cesses in respect of tentures of holdings, may appeal to the
superior Revenue Authority prescribed in such manner and
within such period as may be prescribed.
(2) Notwithstanding anything contained in any other law for
the time being in force, no Court shall have any jurisdiction
in respect of any issue arising out of the proceedings under
this Act for the appointment and fixation of land-revenues,
rents or cesses or shall annual or alter any decision of a
Revenue Officer or a Revenue Authority under this Act.
8. Correction of record.- The Revenue Officer, at any time, either of his own motion or on application, and after giving notice to the parties concerned for such period and in such manner as may be prescribed to appear and be heard in the such manner as may be prescribed to appear and be heard in the matter, correct any arithmetical or clerical mistake in the record finally published under S.6 or any error arising therein from any accidental slip or omission and shall make such alterations therein as may be necessary to give effect to any decision on appeal under sub-S. (1) of S.7.
9. Commencement and effect of the record.- On the final
publication of the record under S.6-
(a) the appointment and fixation thereunder of land-
revenues or rebts, as the case may be ,and of
cesses in respect of the portions situated in Assam
of the common estates, tentures, holdings shall,
notwithstanding anything contained in any other
law for the time being in force or in any contract, be
deemed to have come into force and the common
estates, tentures and holdings, as the case may be ,
shall deemed to have been and to be partitioned
accordingly, on and from the date on which the
award came into force (hereinafter referred to as the
said date), and
(b) all laws for the time being in force relating to the
creation or settlement of estates, tentures and
holdings or to the recovery of land-revenues ,rents,
or cesses in respect thereof shall be deemed to have
been and to be applicable mutatis mutandis to
such portioned estates, tentures and holdings on
and form the said date.
10. Protection of action taken under the Act.-
(1) No suit, prosecution or other legal proceedings shall lie against any person for anything in good faith done or intended to be done in pursuance of this Act or any order made thereunder.
(2) Save as otherwise expressly provided in this Act, no suit or other legal proceedings shall lie against the State Government for any damage caused or likely to be caused by anything in good faith done or intended to be done in pursuance of this Act or any order made thereunder.
11. Power to make rules.-
(1) The State Government may make rules for carrying out
the purposes of this Act.
(2) In particular and without prejudice to the generality of
the foregoing power , such rules may provide fro all or may
of the following matters, namely:

(a) the manner of preparing a record and the
particulars to be contained therein referred to in
S.3.
(b) the manner of, and the principles for, determining
the amounts of land-revenues, rents and cesses
referred to in S.4;
(c) the manner and period of publication of a draft
referred to in S.5;
(d) the Revenue Authority referred to in sub-S. (1) of S.
6, and the disposal of objections under sub-S. (2)
and the manner of final publication of a record
under sub-S. (3) of that section.
(e) The period of, and the manner of giving notice referred to in the proviso to sub-S. (2) of S.6 and in S.8; and

The superior Revenue Authority referred to in sub-S. (1) of S.7, the manner of presentation of appeals to such authority and the period within which such appeals shall be presented under the said sub¬section.

 

 

 
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