ASSAM LAND AND REVENUE REGULATION (AMENDMENT) ACT, 1962

ASSAM LAND AND REVENUE REGULATION (AMENDMENT) ACT, 1962

Preamble - ASSAM LAND AND REVENUE REGULATION (AMENDMENT) ACT, 1962

THE ASSAM LAND AND REVENUE REGULATION (AMENDMENT) ACT, 1962

[Act No. 22 of 1962]

[04th September, 1962]

PREAMBLE

An Act further to amend the Assam Land and Revenue Regulation, 1886

Whereas it is expedient to abolish the appellate and reversionary powers of the Commissioner and otherwise amend the Assam Land and Revenue Regulation, 1886 (Regulation I of 1886) hereinafter called the "Regulation" in the manner hereinafter appearing;

It is hereby enacted in the Thirteenth Year of the Republic of India as follows:--

Section 1 - Short title, extent and commencement

(1)     This Act may be called the Assam Land and Revenue Regulation (Amendment) Act, 1962.

(2)     It shall have the like extent as the Assam Land and Revenue Regulation, 1886.

(3)     It shall come into force on such date as the State Government may, by notification, in the Official Gazette, appoint.

Section 2 - Amendment of section 3 of Regulation I of 1886

In section 3 of the Regulation, after clause (m) the following shall be inserted as clause (n), namely:--

"(n) ?'Board' means the Assam Board of Revenue constituted under the Assam Board of Revenue Act, 1959 or under any statutory re-enactment or modification thereof."

Section 3 - Amendment of section 79 of Regulation I of 1886

In section 79 of the Regulation:--

(1)     for the words "Commissioner or (where there is no Commissioner) to the State Government" the words "Deputy Commissioner" shall be substituted;

(2)     in the first proviso, for the words "Commissioner or the State Government (as the case may be)" the words "Deputy Commissioner" shall be substituted.

Section 4 - Amendment of section 80 of Regulation I of 1886

In section 80 of the Regulation, in sub-section (2) for the words "State Government or Commissioner" the words "Deputy Commissioner" shall be substituted.

Section 5 - Amendment of section 81 of Regulation I of 1886

In section 81 of the Regulation, for the words "State Government" the word "Board" shall be substituted.

Section 6 - Amendment of section 81 of Regulation I of 1886

In section 82 of the Regulation, in sub-section (2), for the words "Commissioner or the State Government" the words "Deputy Commissioner" shall be substituted.

Section 7 - Amendment of section 85 of Regulation I of 1886

In section 85 of the Regulation, in the proviso to sub-section (3), for the words ''State Government" the word "Board" shall be substituted.

Section 8 - Amendment of section 117 of Regulation I of 1886

In section 117 of the Regulation, for the words "Commissioner of the Division, or where there is no Commissioner, to the State Government" the word "Board" shall be substituted.

Section 9 - Amendment of section 128 of Regulation I of 1886

In section 128 of the Regulation, after subsection (3) the following shall be added as sub-section (4), namely:--

"(4) ?Subject to the general control of the State Government, all Revenue Officers shall be subordinate to the Board and shall exercise all the powers conferred on them by or under this Regulation subject to its control."

Section 10 - Substitution of section 130 of Regulation I of 1886

For section 130 of the Regulation the following shall be substituted, namely:--

130. "Power of superior revenue authorities to withdraw and transfer cases.

The Board or a Deputy Commissioner or Subdivisional Officer may withdraw any case pending before any Revenue Officer subordinate to it or him and either dispose of it itself or himself or refer it for disposal to any other Revenue Officer subordinate to it or him and having power to dispose of the same.'

Section 11 - Amendment of section. 140 of Regulation I of 1886

In section 140 of the Regulation, for clause (a) the following shall be substituted, namely:--

"(a) the Board may hold Court at any place within the State of Assam;"

Section 12 - Amendment of section 141 of Regulation I of 1886

In sub-section (1) of section 141 of the Regulation, for the words "State Government", the word "Board" shall be substituted.

(2) ??In sub-section (2) of section 141 of the Regulation, between the words "as" and "such" the words "the Board or" shall be substituted.

Section 13 - Substitution of section 142 of Regulation I of 1886

Section 142 of the Regulation shall be substituted by the following, namely:--

142. "Power to fine person summoned for non-attendance.

If any person fails to comply within the time fixed by a notice served on him with any requisition made upon him under section 141, the Board or the Officer, as the case may be, making the requisition may impose upon him such daily fine as they or he thinks fit, not exceeding fifty rupees, until the requisition is complied with. Provided that, whenever the amount levied under an order under this section passed by an Officer exceeds five hundred rupees the Deputy Commissioner shall report the case to the Board and no further levy in respect of the fine shall be made otherwise than by authority of the Board."

Section 14 - Amendment of section 143 of Regulation I of 1886

In section 143 of the Regulation, in subsection (1) the words "a Commissioner of a Division" and the following comma shall be deleted.

Section 15 - Substitution of section 147 of Regulation I of 1886

For section 147 of the Regulation the following shall be substituted, namely:--

147. "Authority to whom appeals lie.

Appeals shall lie under this Regulation as follows:--

(a)      to the Board from orders, original or appellate passed by a Deputy Commissioner, Settlement Officer or Survey Officer;

(b)      to the Deputy Commissioner, from orders passed by a Subdivisional Officer, an Assistant Commissioner or Extra Assistant Commissioner;

(c)      to the Settlement Officer, from orders passed by an Assistant Settlement Officer j