Assam act 002 of 1981 : The Assam Land and Revenue Regulation (Amendment) Act, 1981

618 THE AS SA M GAZETTE , EXTRAORDINARY, DEC. 30, 1981

Presi dent's Act No. 2 of 1981

Received the assent of the President of India on 28th December, 1981

THE ASSAM LAND AND REVENUE REGULATION

(AMENDMENT) ACT, 1981

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, 1886. In exercise of the powe rs conferred by section 3 of the Assam Sta te Legis latu re (Delegation of Powers) Act, 1981 (39 of 1981), the Presi dent is pleased to enac t as fo llo ws :—

1. Short titl e.—This Act ma y be called the Assam Land and Revenue Regulat ion (Amendment) Act, 1981.

2. Amendmen t of section 162.—In section 162 of the Assam Land and Revenue Regu lation, 1886 (Regulation I of 1886), (he reinaf ter refe rre d to as the prin cipal Regulation),—

(a) in sub-sect ion (1), the concluding por tion beginnin g with the words "where thi s is not possible" and ending wi th the words

"ru les made thereu nd er" shal l be om mitt ed ;

(b) in sub-sec tion (2), the following proviso shal l be inserted at the end, name ly :—

"Provided th at nothing contained in this Chanter 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 nat ionalised bank, a co-opera tive socie ty 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. Amendmen t of section 163.—In section 163 of the principa l Regulation ,—

(a) for sub-sect ion (2), the follow ing sub-sect ion shal l be sub - stit ute d, nam ely ■:—

"(2) In adopting and directin g such policy or proc edure the Sta te Government sha ll tak e into conside ration—

(a) , first, the bonafide needs of the persons belonging to the classes notified un de r sub-section (2) of section 169, who are pe rmanently residing in such area from befo re its cons- tit ut ion un de r section 161 ;

(b) secondly, the bonafide needs 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 set tleme nt holders of lan d wi thin the area , on the date of its constitu tion , and who are like ly to undertake to become permanent residen ts therein wi thin a reasonable ti m e ; and

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THE ASSA M GAZETTE, EXTRAORDINARY, ©EC. 30, 1981 619

(c) thi rdl y, if the ex ten t of cul tiva ble lan d available for set tleme 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 res idin g in the belt or block from before t he constitu tion of the be lt or bl oc k;

(ii) the persons belonging to the classes notified under sub-sec tion (2) of section 160, who are living else whe re in the Sta te.";

(b) af ter sub-sec tion (2), the follow ing sub-sec tion sha ll be inserted, nam el y;—

"(3) The policy adop ted and directed un de r sub-sect ion (1) sha ll also prov ide th at no set tleme nt wi th the persons belonging to the classes of people men tioned in clause (c) of s ub-section (2) sha ll be mad e except wi th the prev ious app roval of the Sta te Government .".

4. Amendmen t of section 164.—In section 164 of the principa l Regulat ion, in sub- sect ion (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 bel t or block—

(a) to any person not belon ging to a class of people notified un de r section 160; or

(b) to any person who is not a permanent res ident in that be lt or block :

Provided fu rthe r that no such land holder shal l tra ns fer his lan d in a be lt or block to any person who is a permanent res iden t in that be lt or block who does not belong to a class of people noti- fied under section 160 except wi th the prev ious permission of the Deputy Comm iss ion er:

Provided 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 under that section." .' , ..........

5. Ins ert ion of new section 164A.—Afte r section 164 of the pr in- cipa l Regulation, the follow ing section shal l be inserted, na m el y:—

"164A.—Bar of acqu isition by pre scr ipt ion in a b elt or block.— Notwi ths tanding any thing to the contrar y contain ed in this Act or in any law relating to lim ita tion, no person to whom any land is tra ns ferre d in a belt or block in contrave ntion of the provisions of this Chapt er sha ll acquire 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. PERI SASTRI, ,

... A t -.... ' S ecre tary to the Govt, of India,

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c20 THE ASSAM GAZETTE, EXTRAORDINARY, DEG. 30, 1981

Reasons for the enactment

Chapt er X of the Assam Land and Revenue Regu lation, 1886 (Regula tion I of 1886) prov ides for protect ion and fur the ran ce of the in ter es t of triba ls in land. The Sta te Gov ernmen t are competent to specify, by notification , the classes of people deserving, in their view, special protect ion and to con stit ute bel t or blocks i n areas pre- dom inantly people by such classes. The exis ting scheme of allo tment of lan d for ord ina ry cul tiva tion or for purposes anc illa ry the reto in the areas con stituted into bel ts or blocks require s, according to the Sta te Gov ernm ent, some modifica tions. They have suggested th at a clear and unambiguous pr ior ity should be given in the law to trib als , th at there shou ld be sta tu tory res tric tions on the rig ht of transf er, and that tra ns fer in con trav ent ion of the law should not be saved by the law of limi tatio n. It has, however , been fel t that tra ns fers in fav our of nat ionalis 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 rict ions. The B ill seeks to amend Chapter X of th e Assam Land and Revenue Reg ula tion ,1886 to give effect to these changes.

2. The Con sult ation Com mittee con stituted under the proviso to sub-sec tion (2) of section 3 of the Assam Sta te Leg isla ture (Delega- tion of Powers) Act, 1981, has been c onsu lted befo re the e nac tme nt of this measu re as a Pres iden t's Act.

S. C. VARMA,

Secy, to the Govt, of India ,

• (Ministary of R ura l Reconstruction).

GAUH AT l—Printed and publi shed by the Supdt. i/c ., Assato Gov< Printing Press, (Ea-G aze tte l N o .2 05-9 20—20 0—25—30-12-1981

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