343
ASSAM ACT XIV OF 1950
*THE ASSAM LAND-REVENUE, RENT AND CESS
(APPORTIONMENT) ACT, 1950
[Published in the "Assam Gazette" of 12th April 1950] An Act to apportion and fix the land-revenues, rents and cesses in respect
of the portions situated within the State of Assam of certain estates, tenures and holdings
Preamble.-Whereas certain estates, tenures and holdings in the State of Assam as it existed before the date on which the award came into force are com- prised 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 whereas 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 or holdings; It is hereby enacted as follows :-
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 sub- ject or context:-
(!) "award" means the award of the Boundary Commission referred to in section 3 of the Indian Independence Act. 1947 ;
(2) "cess" includes the local rates levied under the .Assam Local Rates Regulation. 1876 ;
(3) the expression "common estates. tenures or holdings" me~ns estates, tenures or 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 rent payable in respect of any common estate; .
(5) "prescribed" means prescribed by rules made by the State Govern- ment 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 cf record of lands in common estates, tenures and holdings.-The State Government may, by notification in the official Gazette, make an order directing that a r ecord be prepared in such manner and containing such particulars as may be prescribed of all lands in Assam forming parts of the common estates, tenures or holdings.
4. PrepaEatioo of rccord.-WheP an order has been made for the prepara- tion of a record under section 3, the Revenue Officer shall prepare such record accordingly containing. in addition to the oarticular>; referred to in section 3, the .amount~ of land-revenues or rents. as the case may be, and of cesses payable *For Statement of Objects and Reasons see "Assam Gazette, Extraordinary", March 2, 1950, page 92.
14
in respect of the portions iricltided in Assam of the common estates, tenures o holdings, to be determined by the Revenue Officer in such manner and in a ·::o.rdance whicli suclf prin'cfpfos as . niay lfo prescribed.
5. Preliminary pubfidition' of i'ecoll&-=-When a record has been prepare under section 4, the Revenue Officer shall cause a draft of it to be published i such manner affef for suth pehod as may be ~cescribed and sh·an· receive, durin the period of publication of the r.ecord, any objection made in reg,arcl to any- entfy therein or omissiDo: therefrom rela.ting to the apportionment of land-reve-·:
nues, rents or cesses.
6. Final disposal of objedioi1s and confirmation and final publication of recordi.-(1) After the expiry of the period of publication of the record under. sectibh 5, the Revenu:e Officer shall submit the record to the Revenue Authority pt~scribed witli a summary of the objections, if any, which he ha:s· received ahd his[ repor't thereon. . . . .
(2,) ,,Such authdrify shall finally dispose of the objections subnl.itted to iF under sub-section (1) according to such rules M the State Governmeat may make a1"o: m~y ·cstl,firin the record with or without amendment ; · · . Provided that no entry shaH be amended or omission supplied unless notice bas heen givei:L tb' the parlies concerned for such . p~riod and in £U.Ch · matlnei as may be prescribed to appear and be heard in the matter.
(3) After confi:rm~bn by such authority the R eveni.le Officer 1ihall cause the record to bP. · finallv published in the manner prescribed and such pUblicati'bJf shall be conclusive evidence that the record has ·been duly prepared under this l\'ct.
7. Appe.al and saving.-(1) Any person who is aggrieved by any entry in·; or omis~ion. from. the recor_d finally published under s~ction 6 in ,so !a~ ,air ~uc · reclbf'd ' relates ta' the' apportionment and fixation of rents or cesses in respect o tenures · or holdings, may appeal to the superior R evenue authority prescribed ml such, mariner and within such period as may be prescribed.
(2) Notwithstanding anything contained in any other law for tlie. time being in• force, no· Court sliall have any jurisdiction in respect of any issue arising .. out of the proceedings under this Act for the apportionment and fixation of land-reve- ' mies, re'ntir or ces~es· dt shall annul or alter .any dedsion of a Revenue Offi:cer or a, Reven:iie authority under this Act.
8~ Corr~ction Qf record.-The Revenue Officer may, at any lime, eith"er o his own n:iotforl. or ori ·application, a.nd after giving notice lo the parties con•. cerned- fOr suth pehoa ah d in· such manner as' ma'y be ,pfosaribed to appear an.ct
be heard in the matter, c.orrect any arithmetical or clerical mistake in the record
fin-ally pl\blisHe'd uhder ' section 6 or any error arist:ng therein' from· any· accfdentaJ
slip or omission <1.nd shall make such alterations therein as may be ri~cessary
to· give effect· t6 any decisioh on appeal under sub-section (1) of sed,iori 7.
9'. Commenceinelff an:d effect · oil the record . ...:oo. the final publication o(
the record under . section 6~ · . · ·
(a) die apportionment ana· fixation, thereunder o'f !arid-revenues ·or ' rents M' the C'ase may be; ahd of cases in respeCt of the po1tions ~ situated in .Assa nf ' the' common' esmfos:, tenures· or holdings shall, notwithstan.ding anythirrg co .. tained in any other law for the time being in force or in any coritra:tt, be deem to :have come into force and the common estates, tenures or holdings, as the ca nfay be, s'hal'l be deem&d to have been. ann to be partitioned accordingly, onr an ' from tlie date on which "the award came 1nto force (hereinafter referred t'o as th. saitl1date); and
(b) all laws for the time being in force relating to the creation or sett! ~enCof;' esfates, tenures or holdin gs · or to tlie: recovery of lana :revenues; ' reti or cesses in . respect thereof shall be deemed to have been and to be applicab\e
2
345
mutatis mutandis fo such partition ed es tates, .tenures or holdin gs on and from ·the said date.