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] 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:-- (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. 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." 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. In section 80 of the
Regulation, in sub-section (2) for the words "State Government or
Commissioner" the words "Deputy Commissioner" shall be
substituted. In section 81 of the
Regulation, for the words "State Government" the word
"Board" shall be substituted. 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. In section 85 of the
Regulation, in the proviso to sub-section (3), for the words ''State
Government" the word "Board" shall be substituted. 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. 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." 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.' 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;" 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 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." In section 143 of the
Regulation, in subsection (1) the words "a Commissioner of a
Division" and the following comma shall be deleted. 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
Preamble - ASSAM LAND AND REVENUE REGULATION (AMENDMENT) ACT, 1962PREAMBLE