THE ASSAM LAND AND REVENUE REGULATION, 1886

CHAPTER – I Preliminary

Regulation - 1. Short title commencement and local extent.

(1)     This Regulation may be called the Assam Land and Revenue Regulation, 1886; and

(2)     It shall come into force on such dates and in such territories under the administration of the [1][State] Government of Assam as the [2][State] Government** [3] may direct by notification in the official Gazette.

Provided that

(a)      any such notification may declare that any portion of this Regulation shall not be in force in any territory to which the Regulation may be extended; and

(b)      the [4][State] Government may direct by notification in the official Gazette that any portion of this Regulation shall cease to be in force in any territory to which the regulation may have been extended.

(3)     [5]The [6][State] Government may, in like manner, amend, vary or rescind any notification issued under sub-section (2).

Regulation - 2. Repeal.

On and from the date on which this Regulation comes into force in any territory, the enactments mentioned in the schedule hereto annexed, in so far as they apply to, or are in force in that territory, and all regulations and rules (if any) in force there relating to any of the matters provided for by this Regulation, shall be repealed:

Provided that -

(a)      this repeal shall not revive any enactment repealed or affect anything done, or any offence committed, or any fine or penalty incurred, or any proceedings commenced, before this Regulation comes in force; and

(b)      all rules prescribed, appointments and settlements made, powers conferred and notifications published under any enactment hereby repealed, and all other rules (if any) in force on the date on which this Regulation comes into force relating to any of the matters hereinafter dealt with, shall (so far as they are consistent with this Regulation and could be prescribed, made, conferred or published thereunder) be deemed to have been respectively prescribed, made, conferred and published thereunder.

Regulation - 3. Definitions.

In this Regulation, unless there is somthing repugnant in the subject or context,

(a)      "the commencement" of this Regulation used with reference to any local area, means the date on which it comes into force in that local area; 

(b)      "estate" includes

(1)     any land subject, either immediately or prospectively, to the payment of land revenue, for the discharge of which a separate engagement has been entered into;

(2)     any land subject to the payment of, or assessed with a separate amount as land revenue, although no engagement has been entered into with the Government for that amount;

(3)     any local area for the appropriation of the produce or products whereof a license or farm has been granted under rules made by the State Government under section 155, clause (e) or clause (f);

(4)     any char or island thrown up in a navigable river which under the laws in force is a,t the disposal of the Government.

(5)     any land which is for the time being entered in the Deputy Commissioner's register of revenue free estates as a separate holding;

(6)     any land being the exclusive property of the Government of which the State Government has direct the separate entry in the registers of revenue-paying and revenue-free estates mentioned in Chapter I.

Explanation.- Any land gained by alluvion or by dereliction of a river to 'any estate as here defined, which under the laws in force is considered an increment to tenure to which the land has accreted, shall be deemed to be part of that estate;

(c)      "permanently-settled estate" means any estate in the districts of Cachar and Goalpara included in the decennial Settlement of the Lower Provinces of Bengal or permanently settled at any subsequent date under any law for the time being in force;

(d)      "temporarily -settled estate" means any estate not being a revenue-free or permanently-settled estate:

(e)      "land revenue" means any revenue assessed by the State Government on an estate, and includes any tax assessed in lieu of land revenue;

(f)       "proprietor" means the owner of any estate permanently settled or entered on the Deputy Commissioner's register of revenue-free estates;

(g)      "land-holder" means any person deemed to have acquired the status of a land holder under section 8:

(h)     "settlement-holder" means any person, other than a proprietor, who has entered into an engagement with the Government to pay land revenue and includes a landholder;

(i)       "recorded proprietor", "recorded land holder" "recorded sharer", and "recorded possession" mean any proprietor, land holder, sharer or possession, as the case may be, registered in the general registers prescribed in Chapter IV;

(j)       "agricultural year" means the year commencing on the 1st April, or on such other date as the State Government may, in the case of any specified local area, by notification, appoint;

(k)      "notification" means a notification published in the official Gazette; and

(l)       "prescribed" means prescribed by rules made under this Regulation;

(m)    "Deputy Commissioner" includes and shall be deemed always to have included the Additional Deputy Commisioner;

(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.

CHAPTER II Rights Over Land

Regulation - 4. Land exempted from the operation of this Chapter.

This Chapter shall apply to all land except following

(a)      land included in any forest constituted a reserved forest under the law for the time being in force;

(b)      any land which the State Government may, by notification, exempt from the operation of this Chapter.

Regulation - 5. Power to define boundaries of exempted land.

(1)     When the boundaries of any land exempted under section 4 from the operation of this Chapter need definition for the purpose of that section, and no other mode of defining them is provided by law, the State Government shall cause them to be defined by the Deputy Commissioner.

(2)     If, before the boundaries are defined, any question arises as to whether any land is included within them, it shall be decided by the Deputy Commissioner.

(3)     The order by which a Deputy Commissioner defines any boundaries, or decides any question under this section shall, subject to the provisions of section 151 of this Regulation, be final.

Regulation - 6. Rights which may be acquired over land.

No right of any description shall be deemed to have been, or shall be, acquired by any person over any land to which this Chapter applies, except the following ;

(a)      Rights of proprietors, land holders and settlement-holders other than landholders, as defined in this Regulation and other rights acquired in manner provided by this Regulation;

(b)      rights legally derived from any right mentioned in clause (a);

(c)      rights acquired under section 26 and 27 of the Indian Limitation Act, 1877 (Now Act IX of 1908).

(d)      rights acquired by any person as tenant under the Rent Law for the time being in force:

Provided that nothing in this section shall be held to derogate from the terms of any lease granted by or on behalf of the Government.

Regulation - 7. Rights of proprietor.

Proprietors shall, subject to the provisions of this Regulation, have the same rights and enjoy the same privileges in respect of lands included in their estates as they have at the commencement of this Regulation.

Regulation - 8. Status of land-holder how acquired.

(1)     (a) Any person who has, before the commencement of this Regulation, held immediately under the Government for ten years continuously any land not included either in a permanently-settled-estate, or in a revenue -free estate, and who has during that period paid to the Government the revenue due thereon, or held the same under an express exemption from revenue; and

(b) Except as provided by section 15, any person who has, whether before or after the commencement of this Regulation, acquired any such land under a lease granted by or on behalf of the Government, the term of which is not less than ten years, shall be deemed to have acquired the status of a landholder in respect of the land.

(2)     When any land held by one person has come immediately by transfer or succession to be held by another, the holding shall, for the purposes of sub-section (1), clause (a), be deemed to have been continuous and the latter person may, in reckoning the lenght of his holding, add the holding of the former to his own.

(3)     When any revenue has been paid in respect of land by any person holding the land under another, that revenue shall for the purposes of the said clause, be deemed to have been paid by the latter person.

Regulation - 9. Rights of land holders.

A land holder shall have a permanent", heritable and transferable right of use and occupancy in his land, subject to

(a)      the payment of all revenue taxes, ceases and rates from time to time legally assessed or imposed in respect of land;

(b)      the reservation in favour of the Government of all quarries and of all mines minerals and mineral oils, and of all buried treasure, with full liberty to search for and work the same, paying to the land-holder only compensation for the surface damage as estimated by the Deputy Commissioner; and

(c)      the special conditions of any engagement into which the land holder may have entered with the Government.

Regulation - 10. Forfeiture of land

holders rights on relinquishment.

Any land -holder who, after the commencement of this Regulation, voluntarily relinquishes any land and ceases to pay the revenue assessed thereon shall at once forfeit his status of land-holder in respect of that land.

Regulation - 11. Rights of settlement-holders.

A settlement-holder who is' not a land-holder, shall have no rights in the land held by him beyond such as are expressed in his settlement lease.

Regulation - 12. Power to make rules for the disposal of Government lands and ejectment there from of unauthorised occupier.

In the case of any land over which no person has the rights of a proprietor, land-holder or settlement-holder under this regulation, the State Government may make rules to provide for

(1)     the disposal by way of grant, lease or otherwise of such land;

(2)     the ejectment of any person who has entered into unauthorised occupation of such land; and

(3)     the disposal of any crop raised, or any building or other construction erected without authority on such land.

Regulation - 13. Power to make rules for allotment of grazing grounds.

The State Government may make rules for the allotment from the land referred to in section 12 of grazing grounds to the inhabitants of any village in the neighbourhood whom they consider to stand in need of such allotment, and for regulating and controlling the enjoyment of those grazing grounds by persons permitted to resort thereto.

Regulation - 14. Power to make rules for allotment of lands for tribes practising jhum or migratory cultivation.

The State Government may make rules for the allotment from the land referred to in section 12, for the use of tribes or families practising Jhum or migratory cultivation, or areas suitable for such cultivations, of sufficient extent, and situated in localities reasonably convenient, for the purpose of the persons to whom they are allotted, and for regulating and controlling the enjoyment of lands so allotted by persons permitted to resort to the same.

Regulation - 15. Bar to acquisition of rights over land disposed of under section 12, 13 and 14.

No person shall acquire, by length of possession or otherwise, any right over lands disposed of or allotted under section 12, section 13, or section 14 beyond that which is given by the rules made under the section.

Regulation - 16. Rights in fishery.

The Deputy Commissioner, with the previous sanction of the State Government, may, by proclamation published in the prescribed manner, declare any collection of water, running or still, to be a fishery; and no right in any fishery so declared shall be deemed to have been acquired by the public or any person, either before or after the commencement of this Regulation, except as provided in the rules made under section 155 :

Provided that nothing in this section shall affect any express grant of a right to fish made by or on behalf of the Government or on any fishery rights acquired by a proprietor before the commencement of this Regulation, or the acquisition by a proprietor of such rights in any fishery forming after the commencement of this Regulation in his estate.

CHAPTER III Settlement and Resumption

PART A General

Regulation - 17. Settlement operations defined.

Settlement operations may consist of one or more of the following

(a)      survey and demarcation;

(b)      assessment of land revenue of land;

Regulation - 18. General notification of settlement.

(1)     When any local area or class of estates is to be settled the State Government may issue a notification of settlement, and in the notification shall -

(a)      define the local area or class of estates to be settled; and

(b)      specify the settlement operations to be carried out.

(2)     The State Government may amend or alter any such notification.

Regulation - 19. Period during which local area, is held to be under settlement.

(1)     Every local area or class of estates shall be held to be Tinder settlement from the date of any notification published under section 18 and relating hereto, until the issue of another notification declaring settlement operations to be closed therein.

(2)     Every local area or class of estates under settlement at the commencement of this Regulation shall be deemed to be under settlement within the meaning of this section without the issue of the notification prescribed by section 18.

Regulation - 20. Power of State Government to exclude any local area, etc., from the operation of any portion of this Chapter.

The State Government may, by rule, direct that this Chapter or anyone or more sections or portions of sections thereof shall not apply to any local area or to the settlement of any particular class of estates.

PART B Survey and Demarcation of Land

Regulation - 21. Power to call for information and assistance.

Every proprietor and settlement-holder of any land and every person entitled to receive rent in respect of any land or occupying any land as a tenant, shall, on the written requisition of a Survey Officer, furnish, personally or otherwise, as the Survey Officer directs, such information or assistance as may be required by that officer for the purposes of the survey of the land.

Regulation - 22. Power to require erection and maintenance of boundary marks.

(1)     Every proprietor and land-holder of any land, and every person entitled to receive rent in respect of any land, shall, on the written requisition of a Survey-Officer, erect and repair such boundary marks on the land as the Survey-Officer directs.

(2)     If any person on whom a requisition has been made under sub-section (1) fails to erect or repair any boundary-mark mentioned in the requisition, the Survey-Officer may erect or repair it.

Regulation - 23. Procedure in case of boundary disputes.

(1)     Whenever in the course of survey it comes to knowledge of the Survey-Officer that any boundary dispute exists, he shall notify the same to the Settlement-officer, who shall proceed as follows-

(a)      if the dispute is between the proprietors of different estates, the Settlement -Officer shall decide it on the basis of actual possession; or if he is unable to satisfy himself as to which party is in possession, he may determine by summary inquiry who is the person best entitled to possession, and may put him in possession; or he may refer the dispute to arbitration for decision on the merits, as provided in section 143;

(b)      if the dispute is between the settlement-holders of different estates, the Settlement-Officer shall, after due inquiry, determine the proper boundaries of those estates;

(c)      if the dispute is between the Government and any settlement-holder as to whether any land is comprised in the settlement, the Settlement-Officer shall, after due inquiry, determine the dispute.

(2)     The order by which a Settlement-Officer determines any boundaries or any dispute under Clause (b) or Clause (c) of this section shall, subject to the provisions of section 158 of this Regulation, be final.

Regulation - 24. Power of Survey officer in certain cases to cause marks to be erected.

Whenever the Settlement-Officer has determined a dispute under section 23, and the order has become final or has been altered by a decree or order of any comptent Court or authority, which has become final, and whenever it comes to the notice of the Survey Officer that any boundary has been determined by a competent Court or authority, the Survey-Officer may cause such marks as he may think fit to be erected in order to secure the boundary permanently.

Regulation - 25. Penalty for removing boundary- marks.

Any person wilfully destroying, removing or damaging any boundary-mark (not being a landmark fixed by the authority of a public servant within the meaining of section 434 of the Indian Penal Code), which has been lawfully erected shall be punished with fine which may extend to two hundred rupees for each mark so destroyed, removal or damaged, in addition to such sum as may be necessary to defray the expense of restoring the boundary-mark so destroyed, removed, or damaged.

Regulation - 26. Obligation to given notice of injury to boundary marks.

If any permanent boundary-mark lawfully erected on any land, or on the boundary thereof, is injured, destroyed or removed, or requires repairs, the proprietor or settlemet-holder of the land, and every person entitled to receive rent in respect of the same or occupying it as a tenant, shall be bound to give immediate notice of the fact to the prescribed Revenue Officer; and every person who omits, to give notice, as required by this section shall be liable to a fine, not exceeding one hundred rupees, to be imposed by order of the Deputy Commissioner.

Regulation - 27. Power of State Government to make rules.

The, State Government may make rules prescribing the mode in which any survey conducted under the provisions of this Part shall be effected, and the manner in which all the cost of such a survey, compensation due on account of anything done under the orders of a Survey-Officer, and all expenses incurred under this Part in erecting and repairing boundary-marks, shall be apportioned among and levied from proprietors and land-holders and persons entitled to receive rent in respect of land.

PART C Assessment of Land

Regulation - 28. Land liable to assessment.

All land shall be deemed liable to be assessed to revenue, except

(a)      land for the time being exempt from assessment under the express terms of any grant made or confirmed by, or on behalf of, the Government;

(b)      land in respect of which a tax is for the time being imposed under section 47 ;

Provided that nothing in this section shall

(1)     affect the provisions of any settlement, grant or lease for the time being in force;

(2)     authorize the assessment of any land included in the limits of a permanently-settled estate, unless it is shown that it was not included in the permanent settlement;

(3)     affect any title to hold land revenue free if the title existed immediately before the commencement of this Regulation and was valid under the law then in force; or

(4)     authorize the assessment of any land which has been held revenue-free for sixty years continuously unless it is shown that the right so to hold it has ceased to exist.

["Provided further that notwithstanding anything contained in any law for the time being in force or in any lease, grant, settlement, transfer, allotment, acquisition, agreement or contract, the State Government may assess revenue on all are any land held by any individual, organisation, company, association, society, authority, public undertaking or anybody whether corporate or not, whether Government or semi Government and whether under the Central or State Government by way of transfer, allotment, acquisition and used by such individual, organisation, company, association, society authority, undertaking or body for trade, commerce, industries or any other purposes.][7]

Regulation - 29. Settlement rules.

The State Government may make rules prescribing the principles on which the land revenue is to be assessed, the term for which, and the conditions on which; settlements are to be made, and the manner in which the Settlement Officer is to report for Sanction his rates and method of assessment.

Regulation - 30. Framing and submission of general proposals of assessment.

The Settlement-Officer shall, in accordance with the rules issued under section 29, frame general proposals of assessment for any local area or class of estates to be assessed, and submit those proposals to the State Government.

Regulation - 31. Detailed assessment and declaration thereof to persons concerned.

After the receipt of the orders of the State Government thereon, and subject to such orders, the Settlement Officer shall ascertain, and make an order, determining the amount of the assessment proper for each estate, and shall, on a date and at a place to be notified by proclamation in the prescribed manner, offer a settlement based thereon to the person with whom the settlement of the estate is to be made.

Regulation - 32. To whom settlement is to be offered.

(1)     The Settlement Officer shall offer the settlement to such persons (if any) as he finds to be in possession of the estate and to have a permanent heriable and transferable right of use and occupancy in the same, or to be in possession as mortgagees of persons having such a right.

(2)     If the Settlement-Officer finds no person in possession as aforesaid, it shall be in his discretion, subject to such rules as the State Government may make under section 12, to offer the settlement to any person he thinks fit.

Regulation - 33. Acceptance or refusal of settlement.

(1)     It shall be in the option of the person to whom a settlement is offered to accept or refuse the same.

(2)     If he is willing to accept it, he shall deliver to the Settlement Officer an acceptance in writing under his hand, in the prescribed form.

(3)     If a person to whom a settlement has been offered does not, within the prescribed time, deliver such an acceptance or inform the Settlement Officer in the prescribed manner that he refuses the proposed settlement, he shall, if the Settlement-Officer by an order in writing so directs, be deemed to have accepted the settlement.

Regulation - 34. Effect of acceptance of settlement.

When a settlement has been accepted, the revenue fixed thereby and no more shall be payable from such date and for such term, as the State Government may fix in this behalf:

Provided that

(1)     (a) The revenue shall be liable to revison according to the law for the time being in force;

(b) a settlement shall not be final as against the Government until it has been sanctioned by the State Government;

(c) in the case of gain by alluvion, or by dereliction of a river, or loss by deluvion, durintg the currency of the settlement, increment shall be assessed and reductions granted by the Deputy Commissioner according to such limitations as to the extent of the gain or loss and such other conditions as may be prescribed; and

(d) in any local area to which the a State Government may, by notification, apply this clause, a settlement-holder may, after giving notice at the time and in the manner prescribed, relinquish the estate of which he has accepted a settlement or any part thereof on which a separate part of the revenue has been apportioned and shall thereupon be released from all future obligation to pay the revenue of the estate, or the part thereof so apportioned as the case may be.

Regulation - [34 A. Revision of rates of revenue by the State Government.

Notwithstanding anything contained in the Assam land and Revenue Regulation, 1886 and the rules framed thereunder or in any other law for the time being in force the State Government may, on its own motion or otherwise, for reasons to be recorded in writing, at any time, order revision of the rates of revenue for a local area or class of estates, both for town and areas other than town land as per rules to be prescribed.][8]

Regulation - 35. Effect of refusal of settlement.

If the person to whom a settlement is offered refuses to accept it, it shall be in the discretion of the Settlement-Officer, subject to such rules, as the State Government may make under Section 12, to exclude him for the term of the settlement from possession of the estate, and to offer the settlement thereof to any other person as he thinks fit.

Regulation - 36. Procedure when some of those to whom the settlement is offered refuse.

In the case of an estate held by several persons jointly entitled to an offer of a settlement, if some of those persons refuse to accept the offer, it shall be in the discretion of the Settlement Officer to exclude them from possession for the term of settlement and to offer the Settlement of the whole estate to the others.

Regulation - 37. Settlement Officer when to apportion assessment over land.

(1)     When the whole or part of the land comprised in an estate is held in severalty, the Settlement-Officer shall, on the application of any one or more of the settlement-holders, makes an order apportioning to several holdings the revenue assessed on estate.

(2)     Except as provided by sub-section (1), a Settlement-Officer shall not apportion the revenue of an estate over the lands comprised therein unless he is required to do so by rules made by the State Government in this behalf.

(3)     No apportionment of the revenue by the Settlement-Officer shall affect the joint and several liability for the revenue imposed by section 63.

Regulation - 38. Representation of incompetent persons and of bodies of persons.

(1)     A lunatic, minor or other person incapable of making a contract, shall be deemed to be duly represented for all the purposes of this part by his manager.

(2)     A body of persons for whom representatives have been appointed in this behalf under rules made under Section 155, Clause (d), shall be deemed to be duly represented for all the purposes of this part by those representatives.

PART D Record of Rights

Regulation - 39. Effect of decision of Settlement Officer as to Settlement.

Subject to the provisions of section 151 of this Regulation the order of a Settlement-Officer as to the person to whom a settlement, should be offered, the amount of revenue to be assessed, and the nature and term of the settlement to be offered, shall be final and a settlement concluded with that person shall be binding on all persons from time to time interested in the estate; but, except as provided by Sections 35 and 36, no person shall, merely on the ground that a settlement has been made with him or with some person through whom he claims, be deemed to have acquired any right to or over any estate, as against any other person claiming rights to or over that estate.

Regulation - 40. Record of rights.

The settlement officer shall frame for each estate a record-of-rights in the prescribed manner.

Regulation - 41. Entries in record and their effect.

(1)     Entries in the record made under section 40 shall be founded on the basis of actual possession and all disputes regarding such entiries, whether taken up by the Settlement-officer of his own motion or on the application of a party concerned shall be investigated and decided by him on that basis and all persons not in possession, but claiming the right to be so shall be referred by him to the proper Court.

(2)     Every entry in the record-of-rights made under this section shall, until the contrary is proved, be presummed to be correct.

Regulation - 42. Determination of class of tenants and the rent payable by them.

Notwithstanding anything contained in section 41, in the case of any dispute respecting the class of any tenant under the Rent Law for the time being in force, or the amount of rent payable by such tenant, the Settlement-officer shall decide the dispute, or, where the rent is open to alteration, fix the rent according to the principles laid down in the said Rent Law, and, subject to the provisions of section 151 of this Regulation, his order shall be final.

PART E Resumption

Regulation - 43. Inquiry by Deputy Commissioner regarding land liable to resumption.

Whenever a Deputy Commissioner has reason to believe that any land within his jurisdiction is being held wholly or partially free of assessment and is liable to be assessed under section 28, he may institute an inquiry and the person claiming the land shall be bound to prove his title to hold the same wholly or partially free of assessment, as the case may be.

Regulation - 44. Report to State Government of result of inquiry.

The result of every inquiry instituted by the Deputy Commissioner under section 43 shall be reported to the State Government for orders in the prescribed manner.

Regulation - 45. Order of State Government on Deputy Commissioner's report.

(1)     In any case reported to the State Government under section 44, if the State Government declare the land not liable to assessment, their order shall be final except on proof of fraud or collusion on the part of or on behalf of the person interested.

(2)     If the State Government declare, the land liable to assessment, the Deputy Commissioner shall inform the person interested of the State Government's decision, and shall proceed to assess the land in accordance with the rules made under section 29 and to settle it with the person int possession.

Regulation - 46. Suit in Civil Court to set aside State Government's order directing resumption:

Any person whose lands are assessed by order of the State Government passed under section 45 may at any time within one year from the date of his being informed of the State Government's order institute a suit in the Civil Court to have the order set aside, failing which the order shall be final.

PART F Hoe-Tax or House-Tax

Regulation - 47. Hoe-tax or house-tax.

(1)     The State Government may direct that in lieu of the revenue assessable on any land there shall be collected an annual tax on each male person who has completed the age of eighteen years taking part in the cultivation of the land at any time during the year of assessment, or on each family or house of persons taking part as aforesaid.

(2)     The rates of the tax, the class of person upon whom, and the localities and mode in which it may be assessed, shall be determined by the State Government.

CHAPTER IV Registration

PART A The Preparation and Maintenance of Registers

Regulation - 48. Registers to be kept.

(1)     The Deputy Commissioner of every district shall prepare and keep the following registers-

(a)      a general register of revenue-paying estates;

(b)      a general register of revenue-free estates; and

(c)      such other registers as the State Government may direct.

(2)     The registers shall be written in the prescribed form and language, and shall be prepared, arranged, kept and maintained in the prescribed manner.

["(3) Registers mentioned in sub-section (1) may also be prepared and kept by means of Computers system in the manner prescribed by the State Government, in addition to the other mode as mentioned in this Chapter.

(4)   The Registers mentioned under sub-section (1) may be prepared and kept in computer floppies or diskettes or in any other electronic form in the manner and subject to the safeguards as may be prescribed by the State Government from time to time, in addition to the other mode as mentioned in this Chapter.

(5)   Registers prepared and mentained by means of Computer system shall have the same validity as those prepared and maintained manually under the provisions of the principal Regulation.

(6)   Copies of the Registers mentioned in sub-section (1) may also be kept in the concerned office of the Sub-Divisional Officer (Civil) as well as in the concerned Revenue Circle Offices where land records are maintained in computerised form, in addition to the office of the Deputy Commissioner of every district.

Explanation- In this section unless the context otherwise requires, the words "electronic form", "Computer System" and "Computer" shall have the same meanings respectively assigned to them in the Information Technology Act, 2000 (Act No. 21 of 2000)"][9].

Regulation - 49. Existing Registers.

Until registers are prepared for any tract under Section 48, the State Government may direct that any registers kept by or under the control of the Deputy Commissioner at the commencement of this Regulation shall be deemed to be registers prepared under that section.

PART B Registration

Regulation - 50. Liability of persons succeeding to estates to give information of succession.

After the commencement of this Regulation-

(a)      every proprietor or land-holder succeeding to any estate, or share in an estate, whether by transfer or inheritance, and obtaining possession of the same;

(b)      every joint proprietor or joint land-holder, or any estate assuming charge of the estate or of any share therein on behalf of the other proprietor or land-holders thereof;

(c)      every person assuming charge of any estate of a proprietor or land-holder, or of any share therein as manager; and

(d)      every mortgagee obtaining possession of any estate of a proprietor or land-holder, or of any share therein; shall, within six months from the date of taking possession or assumption of charge, apply to the Deputy Commissioner of the district on the general registers of which the estate is borne for registration of his name as such proprietor, land-holder, manager or mortgagee, and of the nature and extent of the interest in respect of which the application is made.

Regulation - 51. Existing properietor etc., may apply for registration.

Every person who, at the commencement of this Regulation, is in the possession of an estate or any share in an estate as proprietor or land holder, or as manager of the estate of a proprietor or land-holder, or as mortgagee, may apply to the Deputy Commissioner of the district on the general register of which the estate is borne for registration of his name as such proprietor, land-holder, manager or mortgagee and of the nature and extent of the interest in respect of which the application is made.

Regulation - 52. Procedure on application for registration.

(1)     On receiving an application under Section 50 or section 51, the Deputy Commissioner shall, if he considers that there are sufficient grounds for proceeding with the application, publish a notice requiring all persons who object to the registration of the name of applicant, or who dispute the nature or extent of interest in respect of which registration is applied have in a written statement of their objections, appear on a day to be specified in the notice not being less than one month from the date thereof.

(2)     If the application alleges that the applicant has acquired possession of the estate, or share in an estate in respect of which he applies to be registered by transfer from any person, a copy of the notice shall be served on the alleged transferor, if he is dead, upon his heirs.

Regulation - 53. Inquiry by Deputy Commissioner.

On the day fixed in the notice issued under section 52, or as soon thereafter as possible the Deputy Commissioner shall consider any objections which may be advanced, and, after such further inquiry (if any) as appears necessary to ascertain the truth of the succession, assumption of charge or possession alleged in the application, shall, if it appears to him that the succession accompanied by possession has taken place or that charge has been assumed or that the applicant is in possession, as the case may be, make an order directing the registration.

Regulation - 53A. Power to Deputy Commissioner to direct registration on information received otherwise than through application.

(1)     Notwithstanding anything contained in sections 50 to 53, where the Deputy Commissioner has received information, otherwise than through an application, of any such taking of possession or assumption of charge as is referred to in section 50; he may make an order directing the registration of the name of the person so taking possession or assuming charge:

Provided that

(a)      the information has been verified by local inquiry made by an officer not below the rank of an Assistant Settlement officer; or

(b)      notice has been published and inquiry has been held in the manner prescribed by sections 52 and 53 as if an application for registration had been received, from the person to whom the information relates.

(2)     Where any person is aggrieved by an order directing registration under this section which has been made after verification of the information received by local inquiry only, he may [within a period of 3 years of the date of such order], apply to the Deputy Commissioner to have such order set aside and on receipt of such application the Deputy Commissioner shall cancel the registration and then proceed to publish the notice and hold the inquiry prescribed by sections 52 and 53 as if an application for registration had been received from the person whose name had been registered.

Regulation - 54. Power to put one party in possession in case of dispute.

If in the course of an inquiry made under section 53, a dispute regarding the fact of possession arises and the Deputy Commissioner is unable to satisfy himself as to who is in possession, he shall ascertain by summary inquiry who is the party best entitled to possession, and shall put him in possession and make the necessary entry in the proper register accordingly.

Regulation - 55. Registration of tenures in permanently settled estate.

After the commencement of this Regulation, any person who holds a talukdari or other similar tenure which has been created since the time of the permanent settlement, and is held immediately from the proprietor of a permanently settled estate may apply to the Deputy Commissioner to have the tenure registered.

Regulation - 56. Procedure on application for registration under section 55.

(1)     On receiving an application under section 55 the Deputy Commissioner shall serve a notice on the recorded proprietors of the estate in which the tenure is situated, and shall also publish a general notice requiring the proprietors or any persons interested, who object the applications, to file within thirty days from the date of the notice, a written statement of their objections.

(2)     If within the time specified no objection is made, the Deputy Commissioner shall register the tenure.

(3)     If within the time specified an objection is made by any recorded proprietor, or by any person interested not being a proprietor, the Deputy Commissioner shall examine the person so objecting and, If it appears that he has probable ground of objection, shall suspend proceedings and refer the parties to the Civil Court.

(4)     Provided that no tenure shall be registered under this section unless the Deputy Commissioner is satisfied that it has been created in good faith and at a rent not less than the full amount of the revenue fairly payable in respect of the lands comprised in it.

Regulation - 57. Registration fee.

On any registry under this Chapter, fees may be levied from the person in whose favour the registration is made at the prescribed rates.

Regulation - 58. Penalty for non-registration.

(1)     If any person, being required by section 50 to apply for registration, voluntarily or negligently omit to do so within the time specified in that section he shall be liable to a fine, to be imposed by the Deputy Commissioner which may extend to five times the amount of fee which would be payable under section 57 for registration, and to such further daily fine as the Deputy Commissioner may think fit to impose, not exceeding one rupee for each day during which the person omits to apply for registration after a date to be fixed by the Deputy Commissioner in a notice requiring him to apply for registration; and

(2)     A person required by section 50 to apply for registration shall not acquire, or be deemed to have acquired, as against the Government any interest in land as proprietor, land-holder, manager or mortgagee, or be entitled to prefer any claim against the Government in respect of such interest, as long as he omits to apply for registration, but shall be subject to all the liabilities of a proprietor, land holder, manager or mortgagee so far as regards the payment of revenue and all other obligations to the Government.

Regulation - 59. No person bound to pay rent to unregistered proptietor, etc.

(1)     No person shall be bound to pay rent to any person claiming it as proprietor, land-holder, manager or mortgagee in possession of an estate, unless the name of the claimant has been registered under this Chapter.

(2)     No person, being liable to pay rent two or more such proprietors, land-holders, managers or mortgagees, shall be bound to pay one such proprietor, land-holders, manager or mortgagee more than the amount which bears the same proportion to the whole of the rent as the extent of the share in respect of which the proprietor, landholder, manager or mortgagee is registered bears to the entire estate.

PART C Miscellaneous

Regulation - 60. Public entitled to inspect and to apply for extract from registers.

Subject to the prescribed conditions and to payment of the prescribed fees, all registers kept under this Chapter shall be open to public inspection, and subject as aforesaid, the Deputy Commissioner shall supply an extract from any such register to any person who may apply for the same.

Regulation - 61. Power of Deputy Commissioner to pay recorded proprietors etc., money due to them in accordance with their registered interests.

Whenever any sum of money is payable (otherwise than under the Land Acquisition Act, 1894) by the Deputy Commissioner to two or more proprietors, land-holders, managers or mortgagees, in possession of an estate, the Deputy Commissioner may pay to anyone or more recorded proprietors, land-holders, managers or mortgagees thereof, respectively, such portions of the said sum as may be proportionate to the extent of the interest in respect of which each such proprietor, land-holder, manager or mortgagee is registered, and, the receipt of each such proprietor, land-holder, manger or mortgagee shall afford full indemnity to the Deputy Commissioner in respect of any sum so paid.

Regulation - 62. Saving clause.

Nothing contained in this Chapter and nothing done in accordance therewith shall be deemed to

(a)      preclude any person from bringing, a suit in the Civil Court for possession of, or for declaration of his right to any immovable property to which he may deem himself entitled; or

(b)      render the entry of any land in any register under this Chapter as revenue-free an admission on the parts of the Government of the right of the person in whose name the land may be entered, or an admission of the validity of the title under which the said land is held revenue-free.

CHAPTER V Arrears and Mode of Recovering Them Liability for Revenue and Default

Regulation - 63. Liability for land-revenue etc.

Land-revenue payable in respect of any estate shall be due jointly and severally from all persons who had been in possession of the estate or any part of it during any portion of the agricultural year in respect of which that revenue is payable.

Regulation - 64. Liability for house-tax of families of cultivators.

When tax is imposed on a family or house in respect of the cultivation of any land, the amount due for any year of assessment from the family or house shall be jointly and severally from all males of the family or house who, at any time during the year, being then above the age of eighteen years, took any part in the cultivation of the land.

Regulation - 65. Procedure when Co-Proprietor of permanently settled estate desires to pay separately.

(1)     When there are several recorded proprietors of a permanently -settled estate, anyone of them whether he is entitled to a share of the estate or to particular lands comprised therein, may, if he desires to pay his share or portion, of the revenue separately, submit a written application to that effect to the Deputy Commissioner specifiying his share of the estate or the particular lands therein to which he is entitled and when he claims particulars lands the portion of the revenue for which, as between him and his co-proprietors, he is liable.

(2)     The Deputy Commissioner shall then publish a notice requiring all persons who object to the application to appear within six weeks from the date of the notice and give in a written statement of their objections.

(3)     If within the period specified in the notice no objection is made by any recorded co-proprietor of the estate, the Deputy Commissioner shall open separately accounts for the applicant's share or lands and for the aggregate of the other proprietors, and shall credit separately in those accounts all payments made by him and them respectively.

(4)     If any recorded co-proprietor of the estate objects that the applicant has, no right to the share or lands claimed by him, or that his interest in the estate is less or other than that claimed by him, or if the application is in respect of particular lands, that the amount of revenue stated by the applicant to be payable on account of those lands is not the amount which is recognised among the co-proprietors as the revenue thereof, the Deputy Commissioner shall refer the parties to the Civil Court, and shall suspend proceedings until the objection is withdrawn or the question at issue is judicially determined.

(5)     The opening of separate accounts under this section shall not affect the joint and several liability imposed by section 63 except in so far as is, by this Regulation, expressly provided.

Regulation - 66. Revenue when due, and where and to whom payable.

Every sum payable under this Regulation on account of land-revenue, shall fall due on such date and shall be payable in such manner, in such instalments at such place and to such person, as may be prescribed.

Regulation - 67. "Arrear" and "defaulter defined.

Land-revenue not paid on the date when it falls due shall be deemed to be an arrear ; and every person liable for it shall be deemed to be a defaulter.

NOTICE OF DEMAND

Regulation - 68. Penalty leviable on arrears and notice of demand.

(1)     When an arrear has accrued, an additional charge by way of penalty not exceeding one rupee may be levied.

(2)     If the arrear is not in respect of a permanently settled estate, the prescribed officer may in his discretion, before employing any of the processes for enforcing payment prescribed by this Chapter, issue a notice of demand, calling on the defaulter to pay the amount within a time specified :

Provided that in such classes of cases, not being cases in which an arrear has accrued in respect of a permanently-settled estate, as the State Government may direct in this behalf, the prescribed officer shall not employ any such process for enforcing payment as aforesaid, until he has issued a notice of demand and the defaulter has failed to pay the arrear within the time specified in such notice.

SALE OF MOVEABLES

Regulation - 69. Attachment and sale of moveables.

(1)     the Deputy Commissioner may, for the recovery of an arrear, order the attachment and sale of so much of a defaulter's moveable property as will, as nearly as may be defray the arrear.

(2)     Every such attachment and sale shall be conducted according to the law for the time being in force for the attachment and sale of moveable property under a decree of a Civil Court, subject to such modifications thereof as may be prescribed by rules framed by the State Government for proceeding under the Assam Land and Revenue Regulation.

(3)     Nothing in this section shall authorise the attachment and, sale of necessary wearing apparel, implement of husbandry, tools of artisans, materials of houses and other buildings belonging to and occupied by agriculturists, or of such cattle or seed-grain as may be necessary to enable the defaulter to earn his livelihood as an agriculturist.

ATTACHMENT OF DEFAULTING ESTATE

Regulation - 69.AAttachment of estate, application of profits and duration of attachment.

(1)     When an arrear has accrued in respect of a temporarily-settled estate, the Deputy Commissioner, with the previous sanction of the Commissioner, may attach the estate, and may take it under his own management or may let it in farm.

(2)     During the continuance of such attachment, the settlement-holder shall be excluded from possession of the land attached, and the Deputy Commissioner or the person to whom it is let in farm by the Deputy Commissioner shall have all the rights of the settlement-holder to manage the estate, and to realise the rents and profits arising there from.

(3)     The surplus profits of the estate, after defraying the costs of attachment and of collection, shall be applied, first to the payment of any revenue becoming due in respect of such estate during the attachement, and, next to discharging the arrear for the recovery of which the attachment was made.

(4)     The attachment shall continue until the arrear is paid or realised from the profits of the estate attached, or the Deputy Commissioner reinstates the settlement-holder in possession:

Provided that, without the sanction of the State Government, no attachment shall continue for a longer period than five years.

Regulation - 69. B

(1)     When an arrear has accrued in respect of any estate pertaining to a religious institution, the Deputy Commissioner after consultation with the Managing Committee of the religious institution, if there be any, may with the previous sanction of the Commissioner, attach such estate and may take it under his own management or may let it out in farm.

(2)     Whenever the Deputy Commissioner attaches under subsection (1) an estate pertaining to a religious institution to which another estate of other estates in the same district pertain, the Deputy Commissioner, may with the previous sanction of the State Government, also attach such other estate or some or all of such other estates and take it or them under his own management or let it or them out in farm.

(3)     During the continuance of an attachment under sub-section (1) or (2), the settlement-holder or when an estate is lakheraj or revenue-free, the lakherajdar or proprietor, as the case may be, shall be, excluded from possession of the land attached; and the Deputy Commissioner or the person to whom it is let in farm by the Deputy Commissioner shall have all the rights of the settlement holder, lakherajdar or proprietor, as the case may be, to manage the estate or estates and to realise the rents and profits arising therefrom.

(4)     (i) The income of every estate attached under sub-section (1) or (2) shall be applied as follows:

Firstly, to the defraying of the cost of attachment, management and collection in respect of all the estates so attached;

Secondly, to the payment of all sums lawfully due to the Government on account of revenue or otherwise in respect of any of the estates under attachment; and

Thirdly, to the discharge of the arrear for the recovery of which the attachment was made;

(ii) Should any surplus remain after the appropriations as aforesaid, it shall be paid to the person conducting the daily worship or prayer at the institution concerned on his furnishing such security as the Deputy Commissioner may require.

(5)     (i) Save as provided in clauses (ii) and (iii) of this sub-section, every attachment under sub-section (1) or (2) shall continue until the arrears in respect of all the estates so attached are fully realised or paid;

(ii) When an estate is released from attachment, the Deputy Commissioner shall, forthwith reinstate the settlement-holder, lakherajdar or proprietor, as the case may be, in possession:

Provided that if the Deputy Commissioner is not satisfied that the future management of any such estate or estates would be such as would adequately ensure the punctual payment of future dues to Government in respect of such estate or estates, he may, with the previous sanction of the State Government maintain the attachment of such estate or estates in force until he is so satisfied.

(iii) No attachment shall continue for a period longer than two years without the previous sanction of the State Government.

SALE OF DEFAULTING ESTATE

Regulation - 70. When estate may be sold.

When an arrear has accured in respect of a permanently-settled estate or of an estate in which the settlement-holder has a permanent, heritable and transferable right of use and occupancy, the Deputy. Commissioner may sell the estate by auction:

Provided that

(1)     Except when the State Government by general order applicable to any local area or any class of cases, or by special order, otherwise direct, an estate which is not permanently settled shall not be sold unless the Deputy Commissioner is of opinion that the process provided for in section 69 is not sufficient for the recovery of the arrear;

(2)     If the arrear has accrued on a separate account opened under section 65, only the shares or lands comprised in that account shall in the first place be put up to sale; and, if the highest bid does not cover the arrear, the Deputy Commissioner shall stop the sale, and direct that the entire estate shall be put up for sale at a future date, to be specified by him; and the entire estate shall be put up accordingly and sold;

(3)     no property shall be sold under this section

(a)      for any arrear which may have become due in respect thereof while it was under the management of the Court of Wards, or was so circumstanced that the Court of Wards might have exercised jurisdiction over it under the law for the time being in force; or

(b)      for any arrear which may have become due while it was under attachment by order of a revenue authority.

Regulation - 71. Estate to be sold free of incumbrances.

Property sold under Section 70 shall be sold free of all incumbrances previously created thereon by any other person than the purchaser :

Provided that

first, nothing in section shall apply

(a)      in a permanently-settled estate,

(1)     to tenures which have been held from the time of the Permanent Settlement; or

(2)     to tenures held immediately of the proprietors which have been created since the permanent settlement and which have been registered under Chapter IV;

(b)        in any estate, to tenures created bona-fide and at (I) a rent not less than the full amount of the revenue fairly payable in respect of the land;

secondly, nothing in this section shall entitle a purchaser to reject any tenant having a right of occupancy under the Rent Law for the time being in force, or to enhance the rent of any such tenant otherwise than in the manner prescribed by that law;

thirdly, nothing in this section shall apply when the purchaser is a recorded or unrecorded proprietor or settlement-holder of the estate ;

fourthly, nothing in this section shall apply to encumbrances created in favour of State Government in any estate.

Regulation - 72. Notice of sale.

(1)     If the Deputy Commissioner proceeds to sell any property under Section 70, he shall prepare a statement in manner prescribed, specifying the property which will be sold, the time and place of sale, the revenue assessed on the property and any other particular which he may think necessary.

(2)     A list of all estates for which a statement has been prepared under sub-section (1) shall be published in manner prescribed, and the copy of the statement relating to every such estate shall be open to inspection by the public free of charge in manner prescribed.

(3)     If the revenue of an estate for which a statement has been prepared under sub-section (1) exceeds five hundred rupees, a copy of the statement shall be published in the official Gazette.

(4)     When the arrear has accrued on an estate, not being a permanently-settled estate in the district of Cachar a copy of the statement prepared under sub-section (1) shall be served on the defaulter, or, if he cannot be found, posted on the estate in manner prescribed.

(5)     When the arrear has accrued on a permanently-settled estate in the district of Cachar a copy of the statement shall be posted on, or in the vicinity of the estate in manner prescribed and, if any proprietor of the estate has registered his name and address in the manner prescribed, a copy of the notice shall be despatched to him by post in a registered cover to that address.

(6)     In making rules prescribing the manner of registering names and addresses for the purpose of sub-section (5), the State Government may impose a fee for such registration and may fix a period after which such registration will, unless renewed, become void.

Regulation - 73. Proclamation to tenants of defaulter.

When any property is notified for sale under Section 72, the Deputy Commissioner may publish a proclamation forbidding the tenants of the defaulter to pay the defaulter any rent which has fallen due since the arrear accrued, on pain of not being entitled to credit in their accounts with the purchaser for any sum so paid.

Regulation - 74. Sale by whom and when to be made.

(1)     Every sale under this Chapter, shall be made either by the Deputy Commissioner in person, or by an officer specially empowered by the State Government in this behalf.

(2)     No such sale shall take place on a Sunday or other authorized holiday, or until after the expiration of at least thirty days from the date on which the (list of estates) has been published under section 72.

(3)     The Deputy Commissioner may, from time to time, postpone the sale, and every postponement of sale of a permanently-settled estate shall be reported to the Commissioner or (where there is no Commissioner) to the State Government :

Regulation - 75. When sale may be stayed.

If the defaulter pays the arrear of revenue in respect of which the property is to be sold, and the fee (if any) prescribed in this behalf, at any time before the day fixed for the sale, the sale shall be stayed.

Regulation - 76. Right of co-proprietors to purchase share or land sold on separate account.

Where the arrear has accrued on a separate account opened under Section 65, and a sale of the entire estate has been directed under Section 70, proviso (2), any proprietor of the estate who is not comprised in the separate account may, within ten days from the time at which the direction is given, purchase the share or lands comprised in the separate account by paying the amount of the arrear, and the provision of Section 71 shall, notwithstanding the third proviso thereto, apply to such a purchase.

Regulation - 77. Deposit by purchaser.

The person declared to be the purchaser at an auction-sale under the foregoing sections shall be required to deposit immediately twenty-five per centum on the amount of this bid, and in default of such deposit the property shall forthwith be again put up and sold.

Regulation - 78. Payment of balance of purchase-money and consequences of default.

(1)     The full amount of purchase-money shall be paid by the purchaser before sunset of the fifteenth day from the date on which the auction-sale took place or, if that day is a Sunday or other authorized holiday then on the next following office day.

(2)     In default of payment within that period the deposit, after defraying thereout the expenses of the sale, shall be forfeited to the Government, the property shall be re-sold, and the defaulting purchaser shall forfeit all claim to the property or to any part of the sum for which it may be subsequently sold:

Provided that no re-sale under this section shall be made unless and until a fresh notice has been issued in the manner prescribed for the original sale.

(3)     If the proceeds of the sale which is eventually made are less than the price bid by the defaulting purchaser, the difference shall be leviable from him under the provisions of this Chapter as if it were an arrear:

Provided that the provisions of this section shall not apply to any case in which the sale has been set aside under Section 78A before the full amount of purchase-money falls due under subsection (I) of this section.

Regulation - 78A. Application to set aside sale on depositing percentage of purchase-money.

(1)     Where an estate has been sold under Section 70 or 76 any person may apply at or before noon on the sixteenth day from the date of sale, reckoning the said day of sale as the first of the said sixty days, to have the sale set aside on depositing in the Deputy Commissioner's Court

(a)      for disposal as directed in sub-section (2) a sum equal to five percent of the purchase-money up to Rs. 1,000 and to three per cent on the excess over Rs. 1,000 provided that such sum shall not be less than one rupee; and

(b)      for payment to State Government, the amount specified in the proclamation of sale as that for recovery of which the sale was ordered together with the expenses of the sale.

(2)     If deposit and application be made as aforesaid, the Deputy Commissioner shall set aside the sale and shall cause to be repaid to the purchaser the purchase-money so far as it has been deposited together with the deposit made under sub-section.

(3)     (a), unless the former has been forfeited to the Government under sub-section (2) of Section 78, in which case the latter sum shall also be forfeited to the Government.

(b) Nothing in this Section shall be deemed to create in favour of the person making such deposit any title or right to such estate or part of estate merely by virtue of the fact that he has made such deposit or that the sale has been set aside at his instance.

Explanation.- The word 'estate' in this section includes a separate account opened under Section 65.

Regulation - 79. Application to set aside sale on ground of mistake or irregularity.

At any time within sixty days from the date of the sale, application in writing may be made to the Deputy Commissioner, to set aside the sale on the ground of some material irregularity or mistake in publising or conducting it:

Provided that no sale shall be set aside on this ground unless the applicant proves to the satisfaction of the Deputy Commissioner, that he has sustained substantial injury by reason of the irregularity or mistake complained of :

Provided also that non-delivery or misdelivery of a registered cover despatched under Section 72, sub-section (5), shall not, for the purposes of this section, be deemed an irregularity or mistake in publishing or conducting the sale.

Regulation - 80. Sales when final.

(1)     A sale on which the purchase-money has been paid as directed in section 78, and against which no application under section 78A or 79 has been preferred, shall subject to the provision of Sections 81 and 82, be final at noon of the sixtieth day from the day of sale, reckoning the said day of sale as the first of the said sixty days.

(2)     A sale against which such an application has been preferred and has been dismissed by the Deputy Commissioner shall, subject as aforesaid, be final from the date of the dismissal, if more than sixty days from day of sale, or if less, then at noon of the sixtieth day as above provided.

Regulation - 81. Annulment of sale on ground of hardship.

The Board may, on application made to them at any time within one year of a sale becoming final under section 80, set the sale aside on the ground of hardship or injustice.

Regulation - 82. Annulment of sale by Civil Court.

(1)     A sale for arrears of revenue shall not be annulled by a Civil Court, except on the ground of its having been made contrary to the provisions of this Regulation, and on proof that the plaintiff has sustained substantial injury by reason of the neglect of those provisions.

(2)     A suit to annul such a sale shall not be entertained upon any ground, unless that ground has been specified in an application made to the Deputy Commissioner under section 79, or unless it is instituted within one year from the date of sale becoming final under section 80.

(3)     No person shall be entitled to contest the legality of a sale after having received any portion of the purchase-money.

Regulation - 83. Saving of right to sue for damages.

Nothing in the foregoing sections shall be construed to debar any person, considering himself wronged by any act or omission connected with a sale under this Regulation, from his remedy in a suit sale under this Regulation, from his remedy in a suit for damages against the person by whose act or omission he considers himself to have been wronged.

Regulation - 84. Re-payment of purchase- money when sale is set aside.

Whenever the sale of any estate is set aside except under Section 78A, the purchaser shall be entitled to receive back from the State Government his purchase-money, except the surplus thereof (if any), paid away under the last clause of section 87, with or without interest, at such rate not exceeding six per centum per annum, as the State Government think fit.

Regulation - 85. On sale becoming final purchaser to be put in possession.

(1)     After a sale has become final, the Deputy Commissioner shall put the purchaser into possession of the property sold, and shall grant him a certificate to the effect that he has purchased be property to which the certificate refers.

(2)     The certificate shall bear the date on which the sale became final under Section 80, and the title to the property sold shall vest in the purchaser from the date of the certificate and not before.

(3)     A certificate granted to a purchaser under this section shall be conclusive evidence in his favour, and in favour of any person claiming under him, that every publication serving, posting or despatch of any statement, list, notice or letter required by this Regulation, or the rules made under it, to be published, served, posted or despatched has been duly effected; and the title of any person who has obtained any such certificate or of any person claiming under him, shall not be impeached or affected under Section 82 or otherwise by reason of any omission, informality or irregularity as regards the publication, serving, posting or despatching of any statement, list, notice or letter in the proceedipgs under which the sale was held at which the property was purchased:

Provided that nothing in this sub-section shall effect the power conferred on the Board by section 81.

Regulation - 86. Bar of suit against certified purchaser.

The name of the purchaser to be entered in the certificate shall be that of the person declared at the time of sale to be the actual purchaser, and any suit brought in a Civil Court against the certified purchaser on the ground that purchase was made on behalf of another person not the certified purchaser, though by agreement the name of the certified purchaser was used, shall be dismissed with costs.

Regulation - 87. Application of proceeds of sale.

When a sale has become final under Section 80, the proceeds, of the sale shall be applied-

first, to defraying the expenses of the sale;

secondly, to the payment of the arrear due;

thirdly, to the payment of any other arrear due by the same 'defaulter;

and the surplus, if any, shall be paid to the person whose property has been sold, and shall not except under an order of a Civil Court, be payable to any creditor of that person.

Regulation - 88. Liability of purchaser for revenue.

The person named in the certificate of title as purchaser shall be liable for all installments of land revenue becoming due in respect of the property purchased subsequently to the accrual of the arrear for the recovery of which the property was sold.

Regulation - 89. Right of pre-emption.

When an estate held by settlement holders situate in any local area to which the State Government lay, by notification, apply this Section, is sold under section 70, any recorded settlement-holders of the estate, not being himself in arrear with regard to the revenue which, as between him and the other settlement-holders, is payable by him, may, if the lot has been knocked down to a stranger, claim to take the property at the sum last bid:

Provided that the claim is made on the day of sale and before the officer conducting the sale has left the office for the day, and that the claimant fulfills all the other conditions of the sale.

ANNULMENT OF SETTLEMENT

Regulation - 90. Annulment of settlement.

(1)     Where the estate in respect of which the arrear has accrued is not a permanently-settled estate, and is situate in any local area to which the State Government may, by notification, apply this section, if the process provided for in Section 69 is not sufficient for the recovery of the arrear, the Deputy Commissioner may, by proclamation publish in the prescribed manner, annual, the existing settlement of the estate and relinquish the claim of the Government to the arrear: Provided that

(a)      if the arrear is in respect of an estate in which the settlement-holder has a permanent, heritable and transferable right of use and occupancy, the Deputy Commissioner shall not unless the State Government otherwise, by rule direct, annul the settlement without the sanction of the State Government;

(b)      this sanction shall not apply to the recovery of any arrear which may have accrued on an estate;

(i)       while it was under the management of the Court of Wards or was so circumstanced that the Court of Wards might have exercised jurisdiction over it under the law for the time being in force; or

(ii)      while it was under attachment by order of a revenue authority.

(2)     Upon the publication of a proclamation under this Section, all encumbrances, other than the tenures mentioned in section 71, proviso first clause (b) affecting the estate, or any portion thereof shall become void, and the Deputy Commissioner (may eject the settlement-holder from possession and), may enter upon and manage the estate and receive all rents and profits accruing there from, or may dispose of the estate, in accordance with rule issued by the State Government under Section 12.

SALE OF IMMOVEABLE PROPERTY OTHER THAN THE DEFAULTING ESTATE

Regulation - 91. Power to proceed against defaulter's other immoveable property.-

[(1) If an arrear of an estate in which the settlement-holder has not a permanent, heritable and transferable right of use and occupancy, cannot be recovered by the process mentioned in Section 69, and an arrear in respect of any other estate, cannot be recovered by any of the processes mentioned in this chapter ;

And the defaulter is in possession of any immoveable property, other than the estate in respect of which the arrear has accrued, the Deputy Commissioner may proceed against any of that other property situated within his district according to the law for the time being in force for the attachment and sale of immoveable property under the decree of a Civil Court][10].

(2)   If there is no such other property in his district the Deputy Commissioner may make under his hand a certificate in the prescribed form, of the amount of the arrear remaining unpaid, and may forward the same to the Deputy Commissioner of any other district in which this Regulation is in force, and within the limits of which defaulter is possessed of any such property, and that Deputy Commissioner shall there upon proceed to realise the arrear as if it were an arrear accruing in his own district.

SUPPLEMENTAL

Regulation - 92. Recovery of cost.

The costs of serving any notice, proclamation or other process under this Chapter shall be recoverable as part of the arrear in respect of which such process was issued.

Regulation - 93. Recovery of existing arrears.

Arrears of land-revenue due at the comencement of this Regulation shall be recoverable as nearly as may be according to the provisions of this Chapter.

Regulation - 94. Recovery of other money.

The provision of this chapter shall, so far as may be, apply to the recovery of any sum of money realisable under any enactment for the time being in force as if it were an arrear of land-revenue.

Regulation - 95. Power of the State Government to make rules.

The State Government may, from time to time make rules, not inconsistent with this Regulation, to provide for the proper performance of all things to be done, and for the requisition of all proceedings to be taken, under this Chapter,

CHAPTER VI Partition and Union of Revenue Paying Estates

Regulation - 96. "Perfect partition" and "imperfect partition" defined.

Partition is either perfect or imperfect. "Perfect partition" means the division of a revenue paying estate into two or more such estates, each separately liable for the revenue assessed thereon. "Imperfect partition" means the division of a revenue paying estate into two or more portions jointly liable for the revenue assessed on the entire estate.

Regulation - 97. Persons entitled to partition.

(1)     Every recorded proprietor of a permanently-settled estate and every recorded landholder of a temporarily-settled estate may, if he is in actual possession of the interest, in respect of which he desires partition, claim perfect or imperfect partition of the estate:

Provided that-

(a)      no person shall be entitled to apply for perfect partition if the result of such partition would be to form a separate estate, liable for an annual amount of revenue less than five rupees;

(b)      no person shall be entitled to apply for imperfect partition of an estate unless with the consent of recorded co-sharers holding in the aggregate more than one half of the estate;

(c)      a person may claim partition only in so far as the partition can be effected in accordance with the provisions of this Chapter.

(2)     When two or more proprietors or land-holders would be entitled under sub-section (1) to partition in respect of their respective interests in the estate, they may jointly claim partition in respect of the aggregate of their interests.

Regulation - 98. Application for perfect partition.

Every application for perfect partition shall be in writing, shall be presented to the Deputy Commissioner, and shall specify the area of the estate, the applicant's interest therein, and the names of the other proprietors or land-holders.

Regulation - 99. Notification of application.

(1)     The Deputy Commissioner, shall, if the application is in order and not open to objection on the face of it, publish a proclamation at his office, and at some conspicuous place on the estate to which the application relates; and shall serve a notice on all such of the recorded proprietors or landholders of the estate as have not joined in the application, requiring any of them in possession who may object to the partition to appear before him and state their objections, on a day to be specified in the proclamation and notice, not being less than thirty or more than sixty days from the date on which the proclamation is issued.

(2)     Where from any cause, notice cannot be personally served on any proprietor or land-holder, the proclamation shall be deemed sufficient notice under this section.

Regulation - 100. Objection on question of title.

(1)     If an objection, preferred as required under section 99 raises any question of title which has not been already determined by a Court of competent jurisdiction, the Deputy Commissioner shall stay his proceedings for such time as, in his opinion, is sufficient to admit of a suit being instituted in the Civil Court to try the objection.

(2)     A Deputy Commissioner staying his proceedings under this section shall make an order requiring the objector, or, if for any reason he deems it more equitable, the applicant, to institute such a suit within the time fixed, and, in the event of such a suit not being instituted within that time, may in his discretion, disallow the objection, or dismiss the application, as the case may be.

(3)     On a suit being instituted to try any objection under this section, the Deputy Commissioner shall with reference to the objection, be guided by the orders passed by the Civil Court in the suit.

Regulation - 101. Other objections how dealt with.

If any objection, other than an objection of the nature referred to in section 100, is preferred as aforesaid to the partition, the Deputy Commissioner shall dispose of it himself; unless for any reason he thinks fit to require that it be submitted to a Civil Court for adjudication, in which event the provisions of section 100 shall apply to the objection.

Regulation - 102. Proceedings of the Deputy Commissioner after objections have been disposed of.

When the period specified under section 99 has expired, and the objections (if any) made have been disposed of by the Deputy Commissioner or by the Civil Court as the case may be, the Deputy Commissioner shall, if no such objection has been allowed, proceed to make the partition;

Provided that the Deputy Commissioner may, in his discretion, in order to admit of the institution of an appeal from any decision regarding an objection, or for any other reason he deems sufficient, further postpone his proceedings.

Regulation - 103. Mode of partition.

The Deputy Commissioner may give the parties the option of making the partition themselves, or of appointing arbitrators for the purpose; or he may make, the partition himself.

Regulation - 104. Power to enter on land for purpose of partition.

In making partitions the Deputy Commissioner and any person appointed by him, shall have the same powers for entry on the land under partition, for making out the boundaries surveying and other purposes, as have been conferred on Survey Officers by or under this Regulation.

Regulation - 105. Partition of lands held only in severalty.

Where there are no lands held in common, the lands held in severalty by the applicant for partition shall be declared a separate estate, and shall be separately assessed to the Government revenue.

Regulation - 106. Partition of lands some of which are held in common.

(1)     Where some of the lands are held in common, the Deputy Commissioner shall allot to the applicant for partition his share of those lands in accordance, with village-custom if any such exists. If no such custom exists, Deputy Commissioner shall make such division as may secure to the applicant his fair portion of the common lands.

(2)     The portion of the common lands falling by the partition to the share of the applicant shall be added to the land held by him in severalty, and the aggregate thus formed shall be declared a separate estate, and shall be separately assessed to the Government revenue.

Regulation - 107. Partition where all lands are held in common.

Where all the lands are held in common, the Deputy Commissioner shall make such a partition as may secure to the applicant his fair share of the estate, and the land allotted to him shall be declared a separate estates, and shall be separately assessed to the Government revenue.

Regulation - 108. Transfers to be effected in making partition.

In making the partition under section 105 or section 106, the Deputy Commissioner shall give effect of any transfer of lands held in severalty, forming part of the estate, agreed to by the parties and made before the declaration of the partition.

Regulation - 109. Estates to be compact.

In all cases, each estate shall be made as compact as possible:

Provided that, except with the sanction of the Commissioner, where there is no Commissioner, with the sanction of the State Government, no partition shall be disallowed solely on the ground of incompactness.

Regulation - 110. Rule when building of one sharer is included in estate assigned to another.

(1)     If, in making a partition, it is necessary to include in the estate assigned to one sharer the land occupied by a dwelling house or other building in the possession of another co-sharer, that other co-sharer shall be allowed to retain it with any buildings thereon, on condition of his paying a reasonable ground-rent for it to the sharer into whose portion it may fall.

(2)     The limits of the land, and the rent to be paid for it, shall be fixed by the Deputy Commissioner.

Regulation - 111. Rule as to tanks, wells, water-courses and embankments.

(1)     Tanks wells, water-courses and embankments shall be considered as attached to the land for the benefit of which they were originally made.

(2)     Where from the extent, situation or construction of any such_work, it is found necessary that it should continue as the joint property of the proprietors or land-holders of two or more of the estates into which the estates is divided the Deputy Commissioner shall determine the extent to which the proprietors or land-holder of each estate may make use of the work and the proportion of the charges for repairs to be borne by them respectively, and the manner in which the profits, if any, derived from the works, are to be divided.

Regulation - 112. Rule as to places of worship and burial grounds.

(1)     Places of worship and burial grounds held in common previous to the partition of an estate, shall continue to be so held, unless the parties otherwise agree among themselves.

(2)     In such cases they shall state in writing the agreement into which they have entered, and their statement shall be filed with the record.

Regulation - 113. Determination of revenue payable by each portion of divided state.

(1)     The amount of revenue to be paid by each portion of the divided estate shall be determined by the Deputy Commissioner:

Provided that the aggregate revenue of the new estates shall not exceed the revenue assessed on the estate immediately before partition.

(2)     The proprietors or land-holders of each of the new estates shall be jointly and severally liable for the portion of the revnue assessed on their estate, whether new acceptance are taken from them or not.

Regulation - 114. Costs.

(1)     The State Government shall make rules for determining the costs of partition under this Act, the mode in which those cost are to be apportioned, and the parties by whom, and the stage of the proceedings at which, they are to be paid;

Provided that the cost of surveying an estate, when a survey is necessary for the purpose of partition, shall be paid rateably, by all the proprietors or land-holders of the estate, according to their interests therein.

(2)     If the costs to be paid by the applicant for partition are not paid within a time to by fixed be the Deputy Commissioner subject to the rules made under this section, the case may by struck off the file.

Regulation - 115. Power to stay partition.

If at any stage of the proceedings there appears to be any reason for stopping the partition, the Deputy Commissioner may, of his own motion, stay the partition and order the proceedings to be quashed.

Regulation - 116. Proclamation of partition.

On completion of a partition the Deputy Commissioner shall publish a proclamation of the fact at his office and at some conspicuous place on each of the new estates or in the estate of which they originally formed part, and the partition shall take effect from the beginning of the agricultural year next after the date of the proclamation.

Regulation - 116A. Procedure to be followed by Deputy Commissioner in giving effect to the partition.

As soon as may be after the date on which the partition takes effect under the last preceding section, the Deputy Commissioner shall deliver to the several sharers possession of the separate lands allotted to them, and for this purpose may, if necessary, summarily eject any proprietor or land-holder who may refuse to vacate the same.

Regulation - 117. Appeal from decision of Deputy Commissioner.

An appeal against the decision of the Deputy Commissioner making a partition shall lie to the Board within one year from the date on which the partition takes effect.

Regulation - 118. Power to order new allotment of revenue on proof of fraud or error in the first distribution.

Where the revenue is fraudulently or erroneously distributed at the time of partition, the State Government may, within twelve years from the time of discovery of the fraud or error, order a new allotment of the revenue upon the several estates into which the estate has been divided, on an estimate of the assets of each estate at the time of the partition to be made conformably to the best evidence and information procurable respecting the same.

Regulation - 119. Making of imperfect partition.

Imperfect partition shall be carried on according to the provisions of the preceding section, so far as they are applicable.

Regulation - 120. Persons entitled to union.

If a recorded proprietor or land-holder is in possession of two or more revenue-paying estates, he may, subject to the rules framed under section 121, claim to have those estates united, and to hold them as a single estate.

Regulation - 121. Power to make rules.

The State Government may make rules, not being inconsistent with this Regulation, as to the procedure and principles to be observed in dealing with applications for, and in carrying out, the partition and union of estates, and in assessing the land revenue on estates divided.

CHAPTER VII Powers of Officers

PART A Revenue Officers

Regulation - 122. State Government.

(1)     The State Government shall be the chief controlling authority.

Regulation - 123. Ex-officio Revenue officers.

Every Commissioner of a Division, Deputy Commissioner, Assistant Commissioner and Extra Assistant Commissioner shall be a Revenue-officer for the purposes of this Regulation.

Regulation - 124. Appointment of other Revenue Officers.

The State Government may, for the purposes of this Regulation-

(a)      appoint to each district, in addition to the officers mentioned in section 123, as many other Revenue-officers as they think fit, and

(b)      suspend or remove any officer appointed under this section.

Regulation - 125. Sub-divisional Officers.

(1)     The State Government may, for the purposes of this Regulation

(a)      divide any district into sub-divisions, or make any portion of a district a sub-division, ahd may alter the limits of a sub-division, and

(b)      place any Assistant Commissioner or Extra Assistant Commissioner in charge of one or more sub-divisions of a district, and at any time remove him there from.

(2)     An Assistant Commissioner or Extra Assistant Commissioner in charge of a sub-division shall be called the Sub-Divisional Officer.

Regulation - 126. Powers of Sub-divisional Officers.

(1)     A Sub-divisional Officer shall, in addition to any other powers conferred on him by or under this Regulation, have the following powers of a Deputy Commissioner, namely

(a)      power to dispose of cases of gain by alluvium or by dereliction of a river, and loss by dilution under section 34;

(b)      power to inquire into and report on revenue-free holdings and to assess revenue on resumed lands under Chapter III, Part E ;

(c)      the powers conferred by sections 50 to 58 (both inclusive) in respect of registration;

(d)      power to attach and sell moveable property belonging to defaulters under Chapter V; and

(e)      subject to the confirmation of the Deputy Commissioner, power to receive applications and to do all that is necessary for effecting partition and union of estates under Chapter VI.

(2)     The State Government may confer on any Sub-Divisional Officer all or any of other powers of a Deputy Commissioner under the Regulation.

Regulation - 127. Power to invest Assistant Commissioners etc, not in charge of sub-divisions with special powers.

The State Government may confer upon Assistant Commissioners and Extra Assistant Commissioners not in-charge of sub-divisions of districts all or any of the powers conferred by or under this Regulation on Sub-divisional Officers in such cases or classes of cases as the Deputy Commissioner of the district may, frame time to time, refer to them for disposal.

Regulation - 128. Subordination of Revenue Officers.

(1)     All Revenue Officers in a district shall be subordinate to the Deputy Commissioner, and shall exercise all powers conferred on them by or under this Regulation subject to his control.

(2)     Subject to the general control of the Deputy Commissioner, all Revenue- Officers other than the Sub-Divisional Officer, in a Sub-division of a district shall, unless the State Government otherwise direct, be subordinate to the Sub-Divisional Officer, and shall exercise all powers conferred on them by or under this Regulation subject to his control.

(3)     Subject to the general control of the State Government, all Revenue- Officers in a district which is included in a Commissioner's division shall be subordinate to the Commissioner, and shall exercise all powers conferred on them by or under this Regulation subject to his control.

[(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][11].

Regulation - 129. Power to distribute work.

(1)     Subject to any rules which the State Government may make in this behalf, Deputy Commissioner or Sub-Divisional Officer may refer any case to any Revenue-Officer subordinate to him for investigation and report, or, if that officer has power to dispose of the case, for disposal.

(2)     Subject as aforesaid, a Deputy Commissioner may direct that any Revenue-Officer subordinate to him shall, without such reference, deal with any case or class of cases arising within any specified area, and either investigate and report on the case or class of cases or if the has power, dispose of it himself.

(3)     A sub-ordinate Revenue -Officer shall submit his report on any case referred to him under this section for report to the officer referring it, or otherwise as may be directed in the order of reference; and the officer receiving the report may, if he has power to dispose of the case, dispose of the same, or may return it for further investigation to the officer submitting the report, or may hold the investigation himself.

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

The Board or a Deputy Commissioner or Sub-Divisional 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.

Regulation - 131. Powers of officers transferred to another district.

Whenever any Revenue-officer who has been invested with any powers under this Regulation in any district or subdivision is transferred to another district or sub-division, he shall unless the State Government otherwise direct, be held to be invested with the same powers in the district or sub-division to which he is so transferred.

Regulation - 132. Provision for discharge of duties of a Deputy Commissioner dying or being disabled.

When a Deputy Commissioner dies or is disabled from performing his duties, such officer as the State Government may by rule direct shall take executive charge of his district, and shall be deemed to be a Deputy Commissioner under this regulation, until, successor to the Deputy Commissioner so dying or disabled is appointed, and that successor takes charge of his office, or until the person so disabled resumes charge of his office.

PART B Settlement and Survey-Officers

Regulation - 133. Appointment of Settlement Officers.

(1)     The State Government may appoint a Settlement-Officer to be in-charge of the settlement of any local area or class of estates, and as many Assistant Settlement-Officers as they think fit; and all Assistant Settlement Officers so appointed shall be subordinate to the Settlement -Officer.

(2)     The State Government may suspend or remove any officer appointed under this section.

Regulation - 134. Appointment of Survey officers.

(1)     The State Government may appoint a Survey-Officer to be in-charge of the survey of any local area or class of estates, and as many Assistant Survey Officers as they think fit; and all Assistant Survey-Officers so appointed shall be subordinate to the Survey-Officer.

(2)     The State Government may suspend or remove any officer appointed under this section.

Regulation - 135. Powers of settlement officers.

A Settlement-Officer shall, in addition to any other power conferred on him by or under this Regulation, have in the local area or class of estates under Settlement

(a)      all the powers conferred by Chapter III, Part E, on a Deputy Commissioner; and

(b)      when a survey does not form part of the settlement all the powers conferred by Chapter III, Part B, on a Survey officer.

Regulation - 136. Power of Assistant Settlement officers and Assistant Survey-officers.

An Assistant Settlement-Officer and Assistant Survey Officer shall have all the power's conferred by this Regulation on a Settlement-Officer and Survey-Officer respectively, subject to such restrictions as the Settlement-Officer or Survey-Officer may from time to time, impose:

Provided that no Assistant Settlement-Officer shall, unless specially empowered by the State Government, have power

(a)      to frame proposals for assessment under section 30;

(b)      to exclude persons under sections 35 and 36 for refusal to accept settlement; or

(c)      to assess land which the State Government has under section 45, sub-section (2) declared liable to assessment.

Regulation - 137. Investing of Settlement Officers with special powers.

The State Government may invest Settlement-Officer, SurveyOfficer, Assistant Settlement-Officer, or Assistant Survey Officer with all or any of the powers of a Deputy Commissioner under this Regulation, within such limits, and with such restrictions, and for such period, or Survey Officer as they think fit.

Regulation - 138. Exercise of powers of Settlement-officers or Survey officer by other officers.

(1)     At any time during the currency of a Settlement the State Government may invest any officer with all or any of the powers of a Settlement Officer or Survey-Officer under this Regulation, within such limits, and with such restrictions, and for such period, as they think fit.

(2)     If no Settlement-Officer or Survey-Officer is appointed, and no officer is invested with the powers of a Settlement -Officer or Survey-Officer under sub-section (1), the Deputy Commissioner and Sub-Divisional Officer (if any) shall have all the powers conferred by this Regulation on a Settlement-Officer as the case may be.

PART C Mode of Conferring and withdrawing Powers

Regulation - 139. Conferring and withdrawing of powers.

(1)     In conferring powers under this Regulation the State Government may empower persons by name or classes of officials generally by their official titles and may vary or cancel any order conferring such powers.

(2)     The State Government may withdraw from any officer the powers conferred on him by this Regulation.

CHAPTER VIII Procedure

Regulation - 140. Place for holding Court.

Subject to the orders of the State Government-

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

(b)      a Deputy Commissioner, and Assistant Commissioner, or Extra Assistant Commissioner (whether-in-charge or not of a Sub-division of a District), a Settlement-Officer, an Assistant Settlement-Officer, a Survey-Officer, and an Assistant Survey Officer may hold his Court at any place within the limits of the district or sub-division to which he is appointed.

Regulation - 141. Power to summon persons to give evidence, etc.

(1)     The Board and any officers mentioned in section 140 may summon any person whose attendance they consider necessary for the purposes of any investigation or other business before them conducted under this Regulation.

(2)     All persons so summoned shall be bound to attend either in person or by authorised agent as the Board or such officer may direct;

and to state the truth upon any subject respecting which they are examined;

and to produce such documents and other things as may be required.

Regulation - 142. Power to fine persons 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.

Regulation - 143. Power to refer disputes to arbitration.

(1)     The State Government, a Deputy Commissioner, a Sub-Divisional Officer, a Settlement- Officer or an Assistant Settlement-Officer, a Survey Officer or an Assistant Survey-Officer may, with the consent of the parties, refer any dispute before them to arbitration.

(2)     In all cases referred to arbitration the procedure laid down in the Code of Civil procedure in force for the time being shall be followed so far as applicable, and the officer referring the case shall discharge the function of the Civil Court.

Regulation - 144. Recovery of fines and costs.

All fees, rents, fines, costs, and other money payable under this Regulation, or under rules made by the State Government under this Regulation shall be recoverable as an arrear of land revenue.

Regulation - 144A- Recovery of rents, fees, royalties and of moneys due to the Government in certain cases.

All rents, fees and royalties due to the Government for the use or occupation of land or water (whether the property of the Government or not) or on account of any products thereof and all moneys falling due to the Government under any grant, lease security bond, or contract which provides that they shall be so recoverable, may be recovered under this Regulation in the same manner as an arrear of land-revenue.

Regulation - 145. Proceedings against defaulting Revenue Officers.

If a Deputy Commissioner has reason to believe, that a Revenue Officer subordinate to him, who has collected any sum due under this Regulation, has absconded, or is about to abscond, without accounting for such sum, he may issue a warrant for the apprehension of the officer, and proceed against him, or cause proceedings to be instituted against him, under Chapter V, as if he were a defaulter in the amount so collected.

Regulation - 146. Proceedings against sureties of defaulters or Revenue Officers.

Any person who has become liable for any amount as surety for a defaulter or Revenue Officer may be proceeded against in the manner prescribed in Chapter V, as if he was a defaulter in such amount.

Regulation - 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 Sub-divisional Officer, an Assistant Commissioner or Extra Assistant Commissioner;

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

(d)   to a Survey Officer, from orders passed by an Assistant Survey Officer:

Provided that no appeal shall lie against the following orders-

(i)       orders of an Assistant Settlement Officer or Assistant Survey Officer under sections 21 and 22;

(ii)      orders of a Survey Officer or Settlement Officer;

(1)     under sections 21, 22 and 24;

(2)     apportioning the expense of erecting and repairing boundary-marks in accordance with rules made under section 27;

(iii)     orders of a Survey Officer, Settlement Officer or Deputy Commissioner, original or appellate imposing or confirming a fine not exceeding fifty rupees;

(iv)    orders of a Deputy Commissioner under section 79 setting aside or refusing to set aside the sale;

(v)      any decision given in accordance with an award of arbitrators appointed under section 143, except in the case of fraud or collusion;

(vi)    orders under section 148, admitting an appeal after the period of limitation has expired;

(vii)   orders expressly declared by this Regulation to be final subject to the provision of section 151][12].

Regulation - 148. Limitation of appeal.

(1)     Unless otherwise specially provided in this Regulation, or in rules issued under this Regulation

(a)      no appeal under section 147, clause (a) shall lie after the expiration of 2 months from the date of the order appealed against;

(b)      no appeal under same section, clauses (b), (c) and (d) shall lie after the expiration of thirty days from the date of the order appealed against.

(2)     In computing the period prescribed for an appeal by this section, the day on which the order appealed against was passed, and the time required for obtaining a copy of such order, shall be excluded.

(3)     An appeal may be admitted after the period of limitation prescribed therefor by this section when the appellant satisfies the Board or officer to whom he appeals that he had sufficient cause for not presenting the appeal within that period.

Regulation - 149. Procedure of Appellate Court on appeal.

The Board or officer to whom the appeal lies may reject the appeal without hearing the respondent (if any); if it or he, as the case may be, admits the appeal it or he may reverse, modify or confirm the order appealed against, it or he may direct such further investigation to be made or such additional evidence to be taken as it or he may think necessary, or it or he may itself or himself as the case may be, take such additional evidence.

Regulation - 150. Suspension of order appealed against.

In any case in which an appeal is admitted the Appellate Court may, if it thinks fit, pending the result of the appeal, direct the order appealed against to be suspended.

Regulation - 151. Power to call for proceedings of subordinate officers.

The Board, a Deputy Commissioner, a Settlement Officer and a Survey Officer may call for the proceedings held by any officer subordinate to it or him, and pass such orders thereon as it or he thinks fit.

Regulation - 152. Power of make rules.

The State Government may make rules consistent with this Regulation, to regulate the procedure of officers in the discharge of any duty imposed on them by or under this Regulation, and may by such rule confer upon any officer any power exercised by a Civil Court in the trial of suits.

CHAPTER IX Miscellaneous

Regulation - 153. Proceedings under this Regulation, un-affected by mistake mis description or irregularity.

(1)     No proceedings under this Regulation shall be affected by reason of any mistake in the name of any person thereby rendered liable to pay any sum of money, or in the description of any estate in respect of which he is rendered liable to pay, or by reason of any other informality: provided that the provisions of this Regulation, and of the rules passed under this Regulation have been substantially complied with.

(2)     No proceedings under this Regulation shall be affected by reason of any irregularity or omission in the publication or service of any notice or proclamation thereunder, unless it is proved that some material injury was caused by such irregularity or omission.

Regulation - 153A. Boards Power to hear pending proceedings.

Any proceeding under the Regulation pending before the Commissioner immediately before the date of commencement of this Act shall be deemed to have been instituted before the Board, and shall be decided as if it were duly instituted before the Board.

Regulation - 154. Matters exempted from cognizance of Civil Court.

(1)     Except when otherwise expressly provided in this Regulation, or in rules issued under this Regulation, no Civil Court shall exercise jurisdiction in any of the following

(a)      questions as to the validity or effect of any settlement, or as to whether the conditions of any settlement are still in force;

(b)      questions as to the amount of revenue tax, cess or rate to be assessed; and the mode, or principle of assessment;

(c)      the formation of the record-of-rights or the preparation, signing, or alteration of any document contained therein;

(d)      claims of persons to perfect partition;

(e)      claims of persons to imperfect partition, except in cases in which a perfect partition could not be claimed from, and been refused by, the revenue authorities on the ground that the result of such partition would be to form a separate estate liable for an annual amount of revenue less than five rupees;

(f)       the distribution of the land or allotment of the revenue on partition;

(g)      claims connected with, or arising out of the collection of land revenue, or any process for the recovery of an arrear of land revenue or any other enactment for the time being in force, realisable as an arrear of land revenue;

(h)     claims to occupy or resort to lands under sections 13 and 14, and disputes as to the use and enjoyment of such lands between persons permitted to occupy or resort to the same;

(i)       claims to have an allotment made under section 13 or section 14, and objection to the making of such allotment;

(j)       claims to a remission or refund of any revenue, cess tax, rate, fee, or fine payable or paid under this Regulation or liable under any enactment for the time being in force as an arrear of land revenue;

(k)      claims to set aside a decision passed in accordance with an award or arbitrators;

(l)       claims to any office connected with the revenue, administration or to any emolument appertaining to such office or in respect of any injury caused by exclusion, suspension or removal therefrom;

(m)    any matter respcting, which an order expressly declared by this Regulation to be final, subject to the provisions of section 151, has been passed ;

[(n) any matter regarding ejectment of any person from a land over which no person has accrued the right of a proprietor, land-holder or settlement-holder and the disposal of any crop raised or any building or other construction erected without authority on such land][13].

(2)     In all the above cases jurisdiction shall rest with the revenue authorities only.

(3)     Notwithstanding anything in section 265 or section 396 of the Code of Civil Procedure, a Civil Court may, in the case of claim for an imperfect partition with respect to which its jurisdiction is not barred by this section, exercise the same powers in making the partition of a revenue-paying estate as it is competent to exercise in making the partition of a revenue-free estate.

(4)     When a Civil Court has made an imperfect partition of a revenue-paying estate the amount of revenue for which each portion of the divided estate is, as between that portion and the other portions to be liable, shall be determined by the Deputy Commissioner in the same manner as if the partition had been carried out by himself under Chapter VI of this Regulation."

Regulation - 154A.

(1)     Notwithstanding anything contained in any judgment decree or order of any court, any notice served or any action taken or any penalty imposed to any ejectment done under sub-rule (1), (2), (3a) and (3b), (4), (5) and (5a) of rule 18 of the Settlement Rules made under the Regulation shall be and always be deemed to have been validly done.

(2)     No suit or other proceedings shall be maintained or continue in any court against the Government or any person or authority for any act done or purported to have been done under sub-rules (1), (2), (3a) and (3b), (4), (5) and (5a) of Rule 18 of the Settlement Rules made under the Regulation.

(3)     No court shall enforce any decree or order against the Government or any other person for any action taken or purported to have been taken under sub-rules (1), (2), (3a) and (3b), (4), (5), and (5a) of Rule 18 of the Settlement Rules made under the Regulation.

Regulation - 155. Additional power to make rules.

The State Government may, in addition to the other matters for which they are empowered by the Regulation to make rules, consistent with this Regulation relating to the following matters

(a)      the person by whom, and the time, place and manner at or in which, anything is to be done for the doing of which provision is made in this Regulation or the rules made there under;

(b)      the mode in which notices, proclamations, summonses, warrants and other processes issued under this Regulation shall be issued, published and served, and the fees to be charged for the issue, publication and service of such proceedings;

(c)      the costs of all proceedings under this Regulation;

(d)      the manner in which representatives shall be appointed to act in matters relating to this Regulation on behalf of any body of settlement-holders or persons entitled to, or with whom it may be desirable to make, a settlement;

(e)      the granting of licences to prepare or collect or the farming of the right of preparing or collecting, rubber, lack and other forest produce upon land over which no person, has the rights of a proprietor, land-holder, on settlement-holder;

(f)       the granting of licences, or the farming of the right, or work mines, stones and lime quarries, salt-wells and oil-wells, to fish in fisheries proclaimed under Section 16, and to carry on goldwashig operations;

(g)      the payments in consideration of which and the conditions on which, such licences or firms may be granted; and

(h)     generally to carry out the provisions of this Regulation.

Regulation - 156. Penalty for breach of rules.

The State Government may, in making any rule under this Regulation, provide that a breach of the rule, in addition to any other consequence which would ensure from such breach, be punishable with fine which may extend to two hundred rupees, or when such breach is a continuing breach, to fifty rupees for each day during which such breach continues, or on conviction before a Magistrate, with imprisonment which may extend to six months or with fine up-to one thousand rupees or with both.

Regulation - 157. Making and publication of rules.

(1)     The State Government shall, before making any rules under this Regulation, publish in such manner as may, in their opinion, be sufficient for giving information to persons interested, a draft of the proposed rules, with a notice specifying a date at or after which the draft will be taken into consideration; and shall, before making the rules, receive and consider any objection or any suggestion which may be made by any person with respect to the draft before the date so specified.

(2)     If, on such consideration of the draft, any modification is made, the State Government shall determine whether it is necessary to republish the draft under this section.

[14](3) * * * * * * *

(4) All rules made by the State Government under the Regulation shall be published in the official Gazette and shall thereupon have the force of law.

Regulation - 158.

[15][* * * ]

Regulation - 159. Powers exercisable from time to time.

All powers conferred by this Regulation may be exercised from time to time as occasion requires.

CHAPTER X Protection of Backward Classes

Regulation - 160. Protection of certain classes.

(1)     Notwithstanding anything hereinbefore contained, the State Government may adopt such measures as it deems fit for the protection of those classes who on account of their primitive condition and lack of education or material advantages are incapable of looking after their welfare in so far as such welfare depends upon their having sufficient land for their maintenance.

(2)     The State Government may, be notification in the Official Gazette, specify the classes of people whom it considers entitled to protection by such measures as aforesaid.

Regulation - 161. Constitution of compact areas.

The protective measures may include the constitution of compact areas, in regions predominantly peopled by the classes of people notified under the provisions of sub-section (2) of Section 160, into belts or blocks. The boundaries of the areas so constituted shall as far as possible coincide with mauza boundaries or be otherwise easily distinguishable.

Regulation - 162. Extension of Chapter X to such areas.

(1)     The State of Government may, by notification in the official Gazette, direct that the provisions of this Chapter shall apply to the areas, or any of the areas, constituted into belts or blocks under the provisions of section 161. On such application, the disposal of land by lease for ordinary cultivation, the nature and extent for rights conveyed by annual or periodic leases, the termination or forfeiture of such rights, the ejectment of persons in occupation who have no valid right in the land, the management or letting out in farm of land in certain circumstances by the Deputy Commissioner, and the other allied or connected matters shall so far as possible, be governed by the provisions of this Chapter and the rules made there under.

(2)     Notwithstanding anything to the contrary in any laws, usage, contract or agreement, no person shall acquire or possess by transfer, exchange, lease, agreement or settlement any land in any area or areas constituted into belts or blocks in contravention of the provisions of sub-section (1) :

Provided that nothing contained in this chapter or in the rules made thereunder, shall affect any transfer by way of a mortgage in favour of any nationalised bank, a Co-operative Society registered under the Assam Co-operative Society Act, 1949 (Assam Act I of 1950), or such other financing institution as may be approved by the State Government).

(3)     From and after the commencement of the Assam Land and Revenue Regulation (Amendment) Act, 1964, no document evidencing any transaction for acquisition or possession of any land by way of transfer, exchange, lease agreement or settlement shall be registered under the Indian Registration Act, 1908, if it appears to the registering authority that the transaction has been effected in contravention of the provisions of sub-section (2).

(4)     The State Government may in the like manner, direct that provisions of this chapter shall cease to apply to any area or areas or provisions of any area, or areas, to which they have been applied under the provisions of sub-section (1).

(5)     The application of the provisions of this chapter to any area as aforesaid will not affect

(a)      Land settled for special cultivation or purposes ancillary to special cultivation (including grants made for tea cultivation);

(b)      Lakheraj, Niskheraj or special estate settled with non-cultivators for their maintenance, which land or estate and the rights and interests therein shall continue to be governed by the provisions for the foregoing chapters of the Regulation and the rules made thereunder.

Regulation - 163. Disposal of land for the purposes of cultivation.

(1)     The disposal of land in areas to which the provisions of this chapter apply for this purpose of ordinary cultivation or purposes ancillary thereto, shall be in accordance with such policy and procedure as may be adopted and directed by the State Government.

[16](2) In adopting and directing such policy or procedure, the State Government shall take into consideration

(a)      first, the bonafide needs of persons belonging to the classes notified under sub-section (2) of section 160 who are permanently residing in such area from before its constitution under section 161;

(b)      secondly, the bonafide needs of persons belonging to such classes who are temporarily residing in such area from before its constitution, but, who are settlement holders of land within the area, on the date of its constitution, and who are likely to undertake to become permanent residents therein within a reasonable time; and

(c)      thirdly, if the extent of cultivable land available for settlement in belt or block be large enough, the bonafide needs of

(i)       The persons belonging to the other classes of people residing in the belt or block from before the constitution of the belt or block;

(ii)      The persons belonging to the classes notified under sub-section (2) of section 160, who are living elsewhere in the State.

[17](3)   The policy adopted and directed under sub-section (1) shall also provide that no settlement with the persons belonging to the classes of people mentioned in clause (c) of sub-section (2) shall be made except with the previous approval of the State Government.

Regulation - 164. Rights of settlement holders and land holders.

(1)     A settlement-holder other than a land-holder shall have no right in the land held by him beyond such as are expressed in his settlement lease.

(2)     A land-holder shall have a right of use and occupancy in the land-holder by him subject to any restrictions or modifications of section 9.

Bar of Acquisition in a belt or block.- Provided that no landholder shall transfer his land in a belt or block to

(a)      any person not belonging to a class of people notified under section 160; or

(b)      to any person who is not a permanent resident, in that belt or block :

Provided further that no such land-holder shall transfer his land in a belt or block to any person who is a permanent resident in that belt or block who does not belong to a class of people notified under section 160 except with the previous permission of the Deputy Commissioner :

Provided also that in granting such permission the Deputy Commissioner shall have due regard to the interests of persons belonging to the classes notified under that section.

Regulation - 164(A). Bar of acquisition by prescription in a belt or block

[Notwithstanding anything to the contrary contained in this Act or in any law relating to limitation, no person to whom any land is transferred in a belt or block in contravention of the provisions of this Chapter, shall acquire any light or title in that land by length of possession whether adverse or not.][18]

Regulation - 164(B). Penalty for Transfer.

[If any transfer of land is effected in contravention of the provisions of this Chapter both the transferor and the transferee shall be punished with simple imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both][19].

Regulation - 165. Ejectment and eviction.

(1)     In the case of unsettled land any person, who without authority has encroached upon or occupied it shall be liable to ejectment forthwith.

(2)     In the case of annually settled land, persons other than settlement-holders, members of their families and hired servants, if found in occupation thereof, shall be liable to ejectment forthwith. The settlement with the settlement-holder shall, unless terminated earlier for infringement of the conditions of the lease, or for any action contrary to or in consistent with the rights conferred on him by the lease, automatically terminate at the end of the period covered by the lease.

(3)     (a) In the case of periodically settled land, persons who have entered into occupation without valid authority from the land-holder, or whose entry or occupation is or has come about in a manner, inconsistent with the provisions of this chapter, shall be liable to eviction.

(b) Such eviction shall be preceded by service of notice requiring the occupants to vacate the land and to remove all buildings and other constructions erected and crops raised, within a period not exceeding one month from the date of receipt of the notice.

(c) The Deputy Commissioner may after the persons have vacated or have been evicted from the land, take the land under his own management, or may let in farm, for such period as he thinks fit, but shall give the land-holders a reasonable opportunity of undertaking in writing that he will do everything in his power to prevent unauthorised occupation by other persons in future, and of agreeing in writing that on his failure to do so, he will forfeit his lights and status of a land-holder in respect of the land. If satisfied with an undertaking and agreement as aforesaid, the Deputy Commissioner shall accept them and they shall be deemed to govern the land-holder's future-rights and status in respect of the land, and the land shall then be restored to the land-holder. If the land-holder subsequently contravenes the undertaking as aforesaid, or any of the provisions of section 9, he shall be liable to forfeiture of his rights and status in respect of the land, which will then be available for settlement a fresh subject to any lawful, encumbrances subsisting upon it.

Regulation - 166. Immunity.

No suit shall lie against any public servant for anything done by him in good faith under this Chapter.

Regulation - 167. Bar on jurisdiction.

No Civil Court shall exercise jurisdiction in any of the matters covered by this Chapter.

Regulation - 168. Investment of powers.

The State Government may, by notification in the official Gazette, invest any Revenue Officer with the powers of the Deputy Commissioner under all or any of the provisions of this Chapter within such limits, with such restrictions and for such period as may be specified, and may withdraw from any such officer any of the powers so conferred upon him.

Regulation - 169. Appeals.

(1)     An appeal shall lie under this Chapter-

(a)      to the Deputy Commissioner, from any original order passed by any officer subordinate to him, and

(b)      to the Board from any original order passed by a Deputy Commissioner.

(2)     Except in regard to orders relating to periodically settled land and an order passed on appeal under subsection (1) clause (a) shall be final.

(3)     In regard to orders relating to periodically settled land an appeal will lie to the Board from an appellate order of the Deputy Commissioner.

Regulation - 170. Revision.

The Board or the Deputy Commissioner may call for the proceedings held by any officer subordinate to it or him, and pass such order thereon as it or he thinks fit.

Regulation - 171. Rules.

The State Government may, by notification in the official Gazette, make rules for purposes of carrying out the provisions of this Chapter. 

 

THE SCHEDULE

[See Section 2)

Enactments Repealed

Part 1 - Bengal Regulation

 

 

 

Part II. - Acts of the Governor General in Council-conctd.

 

Part II1. - Acts of the Lieutenant Governor of Bengal Council

 

Part IV. - Regulation under 33 Victoria, Chapter 3

Regulation IV, 1875 Realisation of arrears of revenue The whole, in Sylhet and Goalpara.

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THE ASSAM LAND AND REVENUE REGULATION, 1886

CHAPTER – I Preliminary

Regulation - 1. Short title commencement and local extent.

(1)     This Regulation may be called the Assam Land and Revenue Regulation, 1886; and

(2)     It shall come into force on such dates and in such territories under the administration of the [1][State] Government of Assam as the [2][State] Government** [3] may direct by notification in the official Gazette.

Provided that

(a)      any such notification may declare that any portion of this Regulation shall not be in force in any territory to which the Regulation may be extended; and

(b)      the [4][State] Government may direct by notification in the official Gazette that any portion of this Regulation shall cease to be in force in any territory to which the regulation may have been extended.

(3)     [5]The [6][State] Government may, in like manner, amend, vary or rescind any notification issued under sub-section (2).

Regulation - 2. Repeal.

On and from the date on which this Regulation comes into force in any territory, the enactments mentioned in the schedule hereto annexed, in so far as they apply to, or are in force in that territory, and all regulations and rules (if any) in force there relating to any of the matters provided for by this Regulation, shall be repealed:

Provided that -

(a)      this repeal shall not revive any enactment repealed or affect anything done, or any offence committed, or any fine or penalty incurred, or any proceedings commenced, before this Regulation comes in force; and

(b)      all rules prescribed, appointments and settlements made, powers conferred and notifications published under any enactment hereby repealed, and all other rules (if any) in force on the date on which this Regulation comes into force relating to any of the matters hereinafter dealt with, shall (so far as they are consistent with this Regulation and could be prescribed, made, conferred or published thereunder) be deemed to have been respectively prescribed, made, conferred and published thereunder.

Regulation - 3. Definitions.

In this Regulation, unless there is somthing repugnant in the subject or context,

(a)      "the commencement" of this Regulation used with reference to any local area, means the date on which it comes into force in that local area; 

(b)      "estate" includes

(1)     any land subject, either immediately or prospectively, to the payment of land revenue, for the discharge of which a separate engagement has been entered into;

(2)     any land subject to the payment of, or assessed with a separate amount as land revenue, although no engagement has been entered into with the Government for that amount;

(3)     any local area for the appropriation of the produce or products whereof a license or farm has been granted under rules made by the State Government under section 155, clause (e) or clause (f);

(4)     any char or island thrown up in a navigable river which under the laws in force is a,t the disposal of the Government.

(5)     any land which is for the time being entered in the Deputy Commissioner's register of revenue free estates as a separate holding;

(6)     any land being the exclusive property of the Government of which the State Government has direct the separate entry in the registers of revenue-paying and revenue-free estates mentioned in Chapter I.

Explanation.- Any land gained by alluvion or by dereliction of a river to 'any estate as here defined, which under the laws in force is considered an increment to tenure to which the land has accreted, shall be deemed to be part of that estate;

(c)      "permanently-settled estate" means any estate in the districts of Cachar and Goalpara included in the decennial Settlement of the Lower Provinces of Bengal or permanently settled at any subsequent date under any law for the time being in force;

(d)      "temporarily -settled estate" means any estate not being a revenue-free or permanently-settled estate:

(e)      "land revenue" means any revenue assessed by the State Government on an estate, and includes any tax assessed in lieu of land revenue;

(f)       "proprietor" means the owner of any estate permanently settled or entered on the Deputy Commissioner's register of revenue-free estates;

(g)      "land-holder" means any person deemed to have acquired the status of a land holder under section 8:

(h)     "settlement-holder" means any person, other than a proprietor, who has entered into an engagement with the Government to pay land revenue and includes a landholder;

(i)       "recorded proprietor", "recorded land holder" "recorded sharer", and "recorded possession" mean any proprietor, land holder, sharer or possession, as the case may be, registered in the general registers prescribed in Chapter IV;

(j)       "agricultural year" means the year commencing on the 1st April, or on such other date as the State Government may, in the case of any specified local area, by notification, appoint;

(k)      "notification" means a notification published in the official Gazette; and

(l)       "prescribed" means prescribed by rules made under this Regulation;

(m)    "Deputy Commissioner" includes and shall be deemed always to have included the Additional Deputy Commisioner;

(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.

CHAPTER II Rights Over Land

Regulation - 4. Land exempted from the operation of this Chapter.

This Chapter shall apply to all land except following

(a)      land included in any forest constituted a reserved forest under the law for the time being in force;

(b)      any land which the State Government may, by notification, exempt from the operation of this Chapter.

Regulation - 5. Power to define boundaries of exempted land.

(1)     When the boundaries of any land exempted under section 4 from the operation of this Chapter need definition for the purpose of that section, and no other mode of defining them is provided by law, the State Government shall cause them to be defined by the Deputy Commissioner.

(2)     If, before the boundaries are defined, any question arises as to whether any land is included within them, it shall be decided by the Deputy Commissioner.

(3)     The order by which a Deputy Commissioner defines any boundaries, or decides any question under this section shall, subject to the provisions of section 151 of this Regulation, be final.

Regulation - 6. Rights which may be acquired over land.

No right of any description shall be deemed to have been, or shall be, acquired by any person over any land to which this Chapter applies, except the following ;

(a)      Rights of proprietors, land holders and settlement-holders other than landholders, as defined in this Regulation and other rights acquired in manner provided by this Regulation;

(b)      rights legally derived from any right mentioned in clause (a);

(c)      rights acquired under section 26 and 27 of the Indian Limitation Act, 1877 (Now Act IX of 1908).

(d)      rights acquired by any person as tenant under the Rent Law for the time being in force:

Provided that nothing in this section shall be held to derogate from the terms of any lease granted by or on behalf of the Government.

Regulation - 7. Rights of proprietor.

Proprietors shall, subject to the provisions of this Regulation, have the same rights and enjoy the same privileges in respect of lands included in their estates as they have at the commencement of this Regulation.

Regulation - 8. Status of land-holder how acquired.

(1)     (a) Any person who has, before the commencement of this Regulation, held immediately under the Government for ten years continuously any land not included either in a permanently-settled-estate, or in a revenue -free estate, and who has during that period paid to the Government the revenue due thereon, or held the same under an express exemption from revenue; and

(b) Except as provided by section 15, any person who has, whether before or after the commencement of this Regulation, acquired any such land under a lease granted by or on behalf of the Government, the term of which is not less than ten years, shall be deemed to have acquired the status of a landholder in respect of the land.

(2)     When any land held by one person has come immediately by transfer or succession to be held by another, the holding shall, for the purposes of sub-section (1), clause (a), be deemed to have been continuous and the latter person may, in reckoning the lenght of his holding, add the holding of the former to his own.

(3)     When any revenue has been paid in respect of land by any person holding the land under another, that revenue shall for the purposes of the said clause, be deemed to have been paid by the latter person.

Regulation - 9. Rights of land holders.

A land holder shall have a permanent", heritable and transferable right of use and occupancy in his land, subject to

(a)      the payment of all revenue taxes, ceases and rates from time to time legally assessed or imposed in respect of land;

(b)      the reservation in favour of the Government of all quarries and of all mines minerals and mineral oils, and of all buried treasure, with full liberty to search for and work the same, paying to the land-holder only compensation for the surface damage as estimated by the Deputy Commissioner; and

(c)      the special conditions of any engagement into which the land holder may have entered with the Government.

Regulation - 10. Forfeiture of land

holders rights on relinquishment.

Any land -holder who, after the commencement of this Regulation, voluntarily relinquishes any land and ceases to pay the revenue assessed thereon shall at once forfeit his status of land-holder in respect of that land.

Regulation - 11. Rights of settlement-holders.

A settlement-holder who is' not a land-holder, shall have no rights in the land held by him beyond such as are expressed in his settlement lease.

Regulation - 12. Power to make rules for the disposal of Government lands and ejectment there from of unauthorised occupier.

In the case of any land over which no person has the rights of a proprietor, land-holder or settlement-holder under this regulation, the State Government may make rules to provide for

(1)     the disposal by way of grant, lease or otherwise of such land;

(2)     the ejectment of any person who has entered into unauthorised occupation of such land; and

(3)     the disposal of any crop raised, or any building or other construction erected without authority on such land.

Regulation - 13. Power to make rules for allotment of grazing grounds.

The State Government may make rules for the allotment from the land referred to in section 12 of grazing grounds to the inhabitants of any village in the neighbourhood whom they consider to stand in need of such allotment, and for regulating and controlling the enjoyment of those grazing grounds by persons permitted to resort thereto.

Regulation - 14. Power to make rules for allotment of lands for tribes practising jhum or migratory cultivation.

The State Government may make rules for the allotment from the land referred to in section 12, for the use of tribes or families practising Jhum or migratory cultivation, or areas suitable for such cultivations, of sufficient extent, and situated in localities reasonably convenient, for the purpose of the persons to whom they are allotted, and for regulating and controlling the enjoyment of lands so allotted by persons permitted to resort to the same.

Regulation - 15. Bar to acquisition of rights over land disposed of under section 12, 13 and 14.

No person shall acquire, by length of possession or otherwise, any right over lands disposed of or allotted under section 12, section 13, or section 14 beyond that which is given by the rules made under the section.

Regulation - 16. Rights in fishery.

The Deputy Commissioner, with the previous sanction of the State Government, may, by proclamation published in the prescribed manner, declare any collection of water, running or still, to be a fishery; and no right in any fishery so declared shall be deemed to have been acquired by the public or any person, either before or after the commencement of this Regulation, except as provided in the rules made under section 155 :

Provided that nothing in this section shall affect any express grant of a right to fish made by or on behalf of the Government or on any fishery rights acquired by a proprietor before the commencement of this Regulation, or the acquisition by a proprietor of such rights in any fishery forming after the commencement of this Regulation in his estate.

CHAPTER III Settlement and Resumption

PART A General

Regulation - 17. Settlement operations defined.

Settlement operations may consist of one or more of the following

(a)      survey and demarcation;

(b)      assessment of land revenue of land;

Regulation - 18. General notification of settlement.

(1)     When any local area or class of estates is to be settled the State Government may issue a notification of settlement, and in the notification shall -

(a)      define the local area or class of estates to be settled; and

(b)      specify the settlement operations to be carried out.

(2)     The State Government may amend or alter any such notification.

Regulation - 19. Period during which local area, is held to be under settlement.

(1)     Every local area or class of estates shall be held to be Tinder settlement from the date of any notification published under section 18 and relating hereto, until the issue of another notification declaring settlement operations to be closed therein.

(2)     Every local area or class of estates under settlement at the commencement of this Regulation shall be deemed to be under settlement within the meaning of this section without the issue of the notification prescribed by section 18.

Regulation - 20. Power of State Government to exclude any local area, etc., from the operation of any portion of this Chapter.

The State Government may, by rule, direct that this Chapter or anyone or more sections or portions of sections thereof shall not apply to any local area or to the settlement of any particular class of estates.

PART B Survey and Demarcation of Land

Regulation - 21. Power to call for information and assistance.

Every proprietor and settlement-holder of any land and every person entitled to receive rent in respect of any land or occupying any land as a tenant, shall, on the written requisition of a Survey Officer, furnish, personally or otherwise, as the Survey Officer directs, such information or assistance as may be required by that officer for the purposes of the survey of the land.

Regulation - 22. Power to require erection and maintenance of boundary marks.

(1)     Every proprietor and land-holder of any land, and every person entitled to receive rent in respect of any land, shall, on the written requisition of a Survey-Officer, erect and repair such boundary marks on the land as the Survey-Officer directs.

(2)     If any person on whom a requisition has been made under sub-section (1) fails to erect or repair any boundary-mark mentioned in the requisition, the Survey-Officer may erect or repair it.

Regulation - 23. Procedure in case of boundary disputes.

(1)     Whenever in the course of survey it comes to knowledge of the Survey-Officer that any boundary dispute exists, he shall notify the same to the Settlement-officer, who shall proceed as follows-

(a)      if the dispute is between the proprietors of different estates, the Settlement -Officer shall decide it on the basis of actual possession; or if he is unable to satisfy himself as to which party is in possession, he may determine by summary inquiry who is the person best entitled to possession, and may put him in possession; or he may refer the dispute to arbitration for decision on the merits, as provided in section 143;

(b)      if the dispute is between the settlement-holders of different estates, the Settlement-Officer shall, after due inquiry, determine the proper boundaries of those estates;

(c)      if the dispute is between the Government and any settlement-holder as to whether any land is comprised in the settlement, the Settlement-Officer shall, after due inquiry, determine the dispute.

(2)     The order by which a Settlement-Officer determines any boundaries or any dispute under Clause (b) or Clause (c) of this section shall, subject to the provisions of section 158 of this Regulation, be final.

Regulation - 24. Power of Survey officer in certain cases to cause marks to be erected.

Whenever the Settlement-Officer has determined a dispute under section 23, and the order has become final or has been altered by a decree or order of any comptent Court or authority, which has become final, and whenever it comes to the notice of the Survey Officer that any boundary has been determined by a competent Court or authority, the Survey-Officer may cause such marks as he may think fit to be erected in order to secure the boundary permanently.

Regulation - 25. Penalty for removing boundary- marks.

Any person wilfully destroying, removing or damaging any boundary-mark (not being a landmark fixed by the authority of a public servant within the meaining of section 434 of the Indian Penal Code), which has been lawfully erected shall be punished with fine which may extend to two hundred rupees for each mark so destroyed, removal or damaged, in addition to such sum as may be necessary to defray the expense of restoring the boundary-mark so destroyed, removed, or damaged.

Regulation - 26. Obligation to given notice of injury to boundary marks.

If any permanent boundary-mark lawfully erected on any land, or on the boundary thereof, is injured, destroyed or removed, or requires repairs, the proprietor or settlemet-holder of the land, and every person entitled to receive rent in respect of the same or occupying it as a tenant, shall be bound to give immediate notice of the fact to the prescribed Revenue Officer; and every person who omits, to give notice, as required by this section shall be liable to a fine, not exceeding one hundred rupees, to be imposed by order of the Deputy Commissioner.

Regulation - 27. Power of State Government to make rules.

The, State Government may make rules prescribing the mode in which any survey conducted under the provisions of this Part shall be effected, and the manner in which all the cost of such a survey, compensation due on account of anything done under the orders of a Survey-Officer, and all expenses incurred under this Part in erecting and repairing boundary-marks, shall be apportioned among and levied from proprietors and land-holders and persons entitled to receive rent in respect of land.

PART C Assessment of Land

Regulation - 28. Land liable to assessment.

All land shall be deemed liable to be assessed to revenue, except

(a)      land for the time being exempt from assessment under the express terms of any grant made or confirmed by, or on behalf of, the Government;

(b)      land in respect of which a tax is for the time being imposed under section 47 ;

Provided that nothing in this section shall

(1)     affect the provisions of any settlement, grant or lease for the time being in force;

(2)     authorize the assessment of any land included in the limits of a permanently-settled estate, unless it is shown that it was not included in the permanent settlement;

(3)     affect any title to hold land revenue free if the title existed immediately before the commencement of this Regulation and was valid under the law then in force; or

(4)     authorize the assessment of any land which has been held revenue-free for sixty years continuously unless it is shown that the right so to hold it has ceased to exist.

["Provided further that notwithstanding anything contained in any law for the time being in force or in any lease, grant, settlement, transfer, allotment, acquisition, agreement or contract, the State Government may assess revenue on all are any land held by any individual, organisation, company, association, society, authority, public undertaking or anybody whether corporate or not, whether Government or semi Government and whether under the Central or State Government by way of transfer, allotment, acquisition and used by such individual, organisation, company, association, society authority, undertaking or body for trade, commerce, industries or any other purposes.][7]

Regulation - 29. Settlement rules.

The State Government may make rules prescribing the principles on which the land revenue is to be assessed, the term for which, and the conditions on which; settlements are to be made, and the manner in which the Settlement Officer is to report for Sanction his rates and method of assessment.

Regulation - 30. Framing and submission of general proposals of assessment.

The Settlement-Officer shall, in accordance with the rules issued under section 29, frame general proposals of assessment for any local area or class of estates to be assessed, and submit those proposals to the State Government.

Regulation - 31. Detailed assessment and declaration thereof to persons concerned.

After the receipt of the orders of the State Government thereon, and subject to such orders, the Settlement Officer shall ascertain, and make an order, determining the amount of the assessment proper for each estate, and shall, on a date and at a place to be notified by proclamation in the prescribed manner, offer a settlement based thereon to the person with whom the settlement of the estate is to be made.

Regulation - 32. To whom settlement is to be offered.

(1)     The Settlement Officer shall offer the settlement to such persons (if any) as he finds to be in possession of the estate and to have a permanent heriable and transferable right of use and occupancy in the same, or to be in possession as mortgagees of persons having such a right.

(2)     If the Settlement-Officer finds no person in possession as aforesaid, it shall be in his discretion, subject to such rules as the State Government may make under section 12, to offer the settlement to any person he thinks fit.

Regulation - 33. Acceptance or refusal of settlement.

(1)     It shall be in the option of the person to whom a settlement is offered to accept or refuse the same.

(2)     If he is willing to accept it, he shall deliver to the Settlement Officer an acceptance in writing under his hand, in the prescribed form.

(3)     If a person to whom a settlement has been offered does not, within the prescribed time, deliver such an acceptance or inform the Settlement Officer in the prescribed manner that he refuses the proposed settlement, he shall, if the Settlement-Officer by an order in writing so directs, be deemed to have accepted the settlement.

Regulation - 34. Effect of acceptance of settlement.

When a settlement has been accepted, the revenue fixed thereby and no more shall be payable from such date and for such term, as the State Government may fix in this behalf:

Provided that

(1)     (a) The revenue shall be liable to revison according to the law for the time being in force;

(b) a settlement shall not be final as against the Government until it has been sanctioned by the State Government;

(c) in the case of gain by alluvion, or by dereliction of a river, or loss by deluvion, durintg the currency of the settlement, increment shall be assessed and reductions granted by the Deputy Commissioner according to such limitations as to the extent of the gain or loss and such other conditions as may be prescribed; and

(d) in any local area to which the a State Government may, by notification, apply this clause, a settlement-holder may, after giving notice at the time and in the manner prescribed, relinquish the estate of which he has accepted a settlement or any part thereof on which a separate part of the revenue has been apportioned and shall thereupon be released from all future obligation to pay the revenue of the estate, or the part thereof so apportioned as the case may be.

Regulation - [34 A. Revision of rates of revenue by the State Government.

Notwithstanding anything contained in the Assam land and Revenue Regulation, 1886 and the rules framed thereunder or in any other law for the time being in force the State Government may, on its own motion or otherwise, for reasons to be recorded in writing, at any time, order revision of the rates of revenue for a local area or class of estates, both for town and areas other than town land as per rules to be prescribed.][8]

Regulation - 35. Effect of refusal of settlement.

If the person to whom a settlement is offered refuses to accept it, it shall be in the discretion of the Settlement-Officer, subject to such rules, as the State Government may make under Section 12, to exclude him for the term of the settlement from possession of the estate, and to offer the settlement thereof to any other person as he thinks fit.

Regulation - 36. Procedure when some of those to whom the settlement is offered refuse.

In the case of an estate held by several persons jointly entitled to an offer of a settlement, if some of those persons refuse to accept the offer, it shall be in the discretion of the Settlement Officer to exclude them from possession for the term of settlement and to offer the Settlement of the whole estate to the others.

Regulation - 37. Settlement Officer when to apportion assessment over land.

(1)     When the whole or part of the land comprised in an estate is held in severalty, the Settlement-Officer shall, on the application of any one or more of the settlement-holders, makes an order apportioning to several holdings the revenue assessed on estate.

(2)     Except as provided by sub-section (1), a Settlement-Officer shall not apportion the revenue of an estate over the lands comprised therein unless he is required to do so by rules made by the State Government in this behalf.

(3)     No apportionment of the revenue by the Settlement-Officer shall affect the joint and several liability for the revenue imposed by section 63.

Regulation - 38. Representation of incompetent persons and of bodies of persons.

(1)     A lunatic, minor or other person incapable of making a contract, shall be deemed to be duly represented for all the purposes of this part by his manager.

(2)     A body of persons for whom representatives have been appointed in this behalf under rules made under Section 155, Clause (d), shall be deemed to be duly represented for all the purposes of this part by those representatives.

PART D Record of Rights

Regulation - 39. Effect of decision of Settlement Officer as to Settlement.

Subject to the provisions of section 151 of this Regulation the order of a Settlement-Officer as to the person to whom a settlement, should be offered, the amount of revenue to be assessed, and the nature and term of the settlement to be offered, shall be final and a settlement concluded with that person shall be binding on all persons from time to time interested in the estate; but, except as provided by Sections 35 and 36, no person shall, merely on the ground that a settlement has been made with him or with some person through whom he claims, be deemed to have acquired any right to or over any estate, as against any other person claiming rights to or over that estate.

Regulation - 40. Record of rights.

The settlement officer shall frame for each estate a record-of-rights in the prescribed manner.

Regulation - 41. Entries in record and their effect.

(1)     Entries in the record made under section 40 shall be founded on the basis of actual possession and all disputes regarding such entiries, whether taken up by the Settlement-officer of his own motion or on the application of a party concerned shall be investigated and decided by him on that basis and all persons not in possession, but claiming the right to be so shall be referred by him to the proper Court.

(2)     Every entry in the record-of-rights made under this section shall, until the contrary is proved, be presummed to be correct.

Regulation - 42. Determination of class of tenants and the rent payable by them.

Notwithstanding anything contained in section 41, in the case of any dispute respecting the class of any tenant under the Rent Law for the time being in force, or the amount of rent payable by such tenant, the Settlement-officer shall decide the dispute, or, where the rent is open to alteration, fix the rent according to the principles laid down in the said Rent Law, and, subject to the provisions of section 151 of this Regulation, his order shall be final.

PART E Resumption

Regulation - 43. Inquiry by Deputy Commissioner regarding land liable to resumption.

Whenever a Deputy Commissioner has reason to believe that any land within his jurisdiction is being held wholly or partially free of assessment and is liable to be assessed under section 28, he may institute an inquiry and the person claiming the land shall be bound to prove his title to hold the same wholly or partially free of assessment, as the case may be.

Regulation - 44. Report to State Government of result of inquiry.

The result of every inquiry instituted by the Deputy Commissioner under section 43 shall be reported to the State Government for orders in the prescribed manner.

Regulation - 45. Order of State Government on Deputy Commissioner's report.

(1)     In any case reported to the State Government under section 44, if the State Government declare the land not liable to assessment, their order shall be final except on proof of fraud or collusion on the part of or on behalf of the person interested.

(2)     If the State Government declare, the land liable to assessment, the Deputy Commissioner shall inform the person interested of the State Government's decision, and shall proceed to assess the land in accordance with the rules made under section 29 and to settle it with the person int possession.

Regulation - 46. Suit in Civil Court to set aside State Government's order directing resumption:

Any person whose lands are assessed by order of the State Government passed under section 45 may at any time within one year from the date of his being informed of the State Government's order institute a suit in the Civil Court to have the order set aside, failing which the order shall be final.

PART F Hoe-Tax or House-Tax

Regulation - 47. Hoe-tax or house-tax.

(1)     The State Government may direct that in lieu of the revenue assessable on any land there shall be collected an annual tax on each male person who has completed the age of eighteen years taking part in the cultivation of the land at any time during the year of assessment, or on each family or house of persons taking part as aforesaid.

(2)     The rates of the tax, the class of person upon whom, and the localities and mode in which it may be assessed, shall be determined by the State Government.

CHAPTER IV Registration

PART A The Preparation and Maintenance of Registers

Regulation - 48. Registers to be kept.

(1)     The Deputy Commissioner of every district shall prepare and keep the following registers-

(a)      a general register of revenue-paying estates;

(b)      a general register of revenue-free estates; and

(c)      such other registers as the State Government may direct.

(2)     The registers shall be written in the prescribed form and language, and shall be prepared, arranged, kept and maintained in the prescribed manner.

["(3) Registers mentioned in sub-section (1) may also be prepared and kept by means of Computers system in the manner prescribed by the State Government, in addition to the other mode as mentioned in this Chapter.

(4)   The Registers mentioned under sub-section (1) may be prepared and kept in computer floppies or diskettes or in any other electronic form in the manner and subject to the safeguards as may be prescribed by the State Government from time to time, in addition to the other mode as mentioned in this Chapter.

(5)   Registers prepared and mentained by means of Computer system shall have the same validity as those prepared and maintained manually under the provisions of the principal Regulation.

(6)   Copies of the Registers mentioned in sub-section (1) may also be kept in the concerned office of the Sub-Divisional Officer (Civil) as well as in the concerned Revenue Circle Offices where land records are maintained in computerised form, in addition to the office of the Deputy Commissioner of every district.

Explanation- In this section unless the context otherwise requires, the words "electronic form", "Computer System" and "Computer" shall have the same meanings respectively assigned to them in the Information Technology Act, 2000 (Act No. 21 of 2000)"][9].

Regulation - 49. Existing Registers.

Until registers are prepared for any tract under Section 48, the State Government may direct that any registers kept by or under the control of the Deputy Commissioner at the commencement of this Regulation shall be deemed to be registers prepared under that section.

PART B Registration

Regulation - 50. Liability of persons succeeding to estates to give information of succession.

After the commencement of this Regulation-

(a)      every proprietor or land-holder succeeding to any estate, or share in an estate, whether by transfer or inheritance, and obtaining possession of the same;

(b)      every joint proprietor or joint land-holder, or any estate assuming charge of the estate or of any share therein on behalf of the other proprietor or land-holders thereof;

(c)      every person assuming charge of any estate of a proprietor or land-holder, or of any share therein as manager; and

(d)      every mortgagee obtaining possession of any estate of a proprietor or land-holder, or of any share therein; shall, within six months from the date of taking possession or assumption of charge, apply to the Deputy Commissioner of the district on the general registers of which the estate is borne for registration of his name as such proprietor, land-holder, manager or mortgagee, and of the nature and extent of the interest in respect of which the application is made.

Regulation - 51. Existing properietor etc., may apply for registration.

Every person who, at the commencement of this Regulation, is in the possession of an estate or any share in an estate as proprietor or land holder, or as manager of the estate of a proprietor or land-holder, or as mortgagee, may apply to the Deputy Commissioner of the district on the general register of which the estate is borne for registration of his name as such proprietor, land-holder, manager or mortgagee and of the nature and extent of the interest in respect of which the application is made.

Regulation - 52. Procedure on application for registration.

(1)     On receiving an application under Section 50 or section 51, the Deputy Commissioner shall, if he considers that there are sufficient grounds for proceeding with the application, publish a notice requiring all persons who object to the registration of the name of applicant, or who dispute the nature or extent of interest in respect of which registration is applied have in a written statement of their objections, appear on a day to be specified in the notice not being less than one month from the date thereof.

(2)     If the application alleges that the applicant has acquired possession of the estate, or share in an estate in respect of which he applies to be registered by transfer from any person, a copy of the notice shall be served on the alleged transferor, if he is dead, upon his heirs.

Regulation - 53. Inquiry by Deputy Commissioner.

On the day fixed in the notice issued under section 52, or as soon thereafter as possible the Deputy Commissioner shall consider any objections which may be advanced, and, after such further inquiry (if any) as appears necessary to ascertain the truth of the succession, assumption of charge or possession alleged in the application, shall, if it appears to him that the succession accompanied by possession has taken place or that charge has been assumed or that the applicant is in possession, as the case may be, make an order directing the registration.

Regulation - 53A. Power to Deputy Commissioner to direct registration on information received otherwise than through application.

(1)     Notwithstanding anything contained in sections 50 to 53, where the Deputy Commissioner has received information, otherwise than through an application, of any such taking of possession or assumption of charge as is referred to in section 50; he may make an order directing the registration of the name of the person so taking possession or assuming charge:

Provided that

(a)      the information has been verified by local inquiry made by an officer not below the rank of an Assistant Settlement officer; or

(b)      notice has been published and inquiry has been held in the manner prescribed by sections 52 and 53 as if an application for registration had been received, from the person to whom the information relates.

(2)     Where any person is aggrieved by an order directing registration under this section which has been made after verification of the information received by local inquiry only, he may [within a period of 3 years of the date of such order], apply to the Deputy Commissioner to have such order set aside and on receipt of such application the Deputy Commissioner shall cancel the registration and then proceed to publish the notice and hold the inquiry prescribed by sections 52 and 53 as if an application for registration had been received from the person whose name had been registered.

Regulation - 54. Power to put one party in possession in case of dispute.

If in the course of an inquiry made under section 53, a dispute regarding the fact of possession arises and the Deputy Commissioner is unable to satisfy himself as to who is in possession, he shall ascertain by summary inquiry who is the party best entitled to possession, and shall put him in possession and make the necessary entry in the proper register accordingly.

Regulation - 55. Registration of tenures in permanently settled estate.

After the commencement of this Regulation, any person who holds a talukdari or other similar tenure which has been created since the time of the permanent settlement, and is held immediately from the proprietor of a permanently settled estate may apply to the Deputy Commissioner to have the tenure registered.

Regulation - 56. Procedure on application for registration under section 55.

(1)     On receiving an application under section 55 the Deputy Commissioner shall serve a notice on the recorded proprietors of the estate in which the tenure is situated, and shall also publish a general notice requiring the proprietors or any persons interested, who object the applications, to file within thirty days from the date of the notice, a written statement of their objections.

(2)     If within the time specified no objection is made, the Deputy Commissioner shall register the tenure.

(3)     If within the time specified an objection is made by any recorded proprietor, or by any person interested not being a proprietor, the Deputy Commissioner shall examine the person so objecting and, If it appears that he has probable ground of objection, shall suspend proceedings and refer the parties to the Civil Court.

(4)     Provided that no tenure shall be registered under this section unless the Deputy Commissioner is satisfied that it has been created in good faith and at a rent not less than the full amount of the revenue fairly payable in respect of the lands comprised in it.

Regulation - 57. Registration fee.

On any registry under this Chapter, fees may be levied from the person in whose favour the registration is made at the prescribed rates.

Regulation - 58. Penalty for non-registration.

(1)     If any person, being required by section 50 to apply for registration, voluntarily or negligently omit to do so within the time specified in that section he shall be liable to a fine, to be imposed by the Deputy Commissioner which may extend to five times the amount of fee which would be payable under section 57 for registration, and to such further daily fine as the Deputy Commissioner may think fit to impose, not exceeding one rupee for each day during which the person omits to apply for registration after a date to be fixed by the Deputy Commissioner in a notice requiring him to apply for registration; and

(2)     A person required by section 50 to apply for registration shall not acquire, or be deemed to have acquired, as against the Government any interest in land as proprietor, land-holder, manager or mortgagee, or be entitled to prefer any claim against the Government in respect of such interest, as long as he omits to apply for registration, but shall be subject to all the liabilities of a proprietor, land holder, manager or mortgagee so far as regards the payment of revenue and all other obligations to the Government.

Regulation - 59. No person bound to pay rent to unregistered proptietor, etc.

(1)     No person shall be bound to pay rent to any person claiming it as proprietor, land-holder, manager or mortgagee in possession of an estate, unless the name of the claimant has been registered under this Chapter.

(2)     No person, being liable to pay rent two or more such proprietors, land-holders, managers or mortgagees, shall be bound to pay one such proprietor, land-holders, manager or mortgagee more than the amount which bears the same proportion to the whole of the rent as the extent of the share in respect of which the proprietor, landholder, manager or mortgagee is registered bears to the entire estate.

PART C Miscellaneous

Regulation - 60. Public entitled to inspect and to apply for extract from registers.

Subject to the prescribed conditions and to payment of the prescribed fees, all registers kept under this Chapter shall be open to public inspection, and subject as aforesaid, the Deputy Commissioner shall supply an extract from any such register to any person who may apply for the same.

Regulation - 61. Power of Deputy Commissioner to pay recorded proprietors etc., money due to them in accordance with their registered interests.

Whenever any sum of money is payable (otherwise than under the Land Acquisition Act, 1894) by the Deputy Commissioner to two or more proprietors, land-holders, managers or mortgagees, in possession of an estate, the Deputy Commissioner may pay to anyone or more recorded proprietors, land-holders, managers or mortgagees thereof, respectively, such portions of the said sum as may be proportionate to the extent of the interest in respect of which each such proprietor, land-holder, manager or mortgagee is registered, and, the receipt of each such proprietor, land-holder, manger or mortgagee shall afford full indemnity to the Deputy Commissioner in respect of any sum so paid.

Regulation - 62. Saving clause.

Nothing contained in this Chapter and nothing done in accordance therewith shall be deemed to

(a)      preclude any person from bringing, a suit in the Civil Court for possession of, or for declaration of his right to any immovable property to which he may deem himself entitled; or

(b)      render the entry of any land in any register under this Chapter as revenue-free an admission on the parts of the Government of the right of the person in whose name the land may be entered, or an admission of the validity of the title under which the said land is held revenue-free.

CHAPTER V Arrears and Mode of Recovering Them Liability for Revenue and Default

Regulation - 63. Liability for land-revenue etc.

Land-revenue payable in respect of any estate shall be due jointly and severally from all persons who had been in possession of the estate or any part of it during any portion of the agricultural year in respect of which that revenue is payable.

Regulation - 64. Liability for house-tax of families of cultivators.

When tax is imposed on a family or house in respect of the cultivation of any land, the amount due for any year of assessment from the family or house shall be jointly and severally from all males of the family or house who, at any time during the year, being then above the age of eighteen years, took any part in the cultivation of the land.

Regulation - 65. Procedure when Co-Proprietor of permanently settled estate desires to pay separately.

(1)     When there are several recorded proprietors of a permanently -settled estate, anyone of them whether he is entitled to a share of the estate or to particular lands comprised therein, may, if he desires to pay his share or portion, of the revenue separately, submit a written application to that effect to the Deputy Commissioner specifiying his share of the estate or the particular lands therein to which he is entitled and when he claims particulars lands the portion of the revenue for which, as between him and his co-proprietors, he is liable.

(2)     The Deputy Commissioner shall then publish a notice requiring all persons who object to the application to appear within six weeks from the date of the notice and give in a written statement of their objections.

(3)     If within the period specified in the notice no objection is made by any recorded co-proprietor of the estate, the Deputy Commissioner shall open separately accounts for the applicant's share or lands and for the aggregate of the other proprietors, and shall credit separately in those accounts all payments made by him and them respectively.

(4)     If any recorded co-proprietor of the estate objects that the applicant has, no right to the share or lands claimed by him, or that his interest in the estate is less or other than that claimed by him, or if the application is in respect of particular lands, that the amount of revenue stated by the applicant to be payable on account of those lands is not the amount which is recognised among the co-proprietors as the revenue thereof, the Deputy Commissioner shall refer the parties to the Civil Court, and shall suspend proceedings until the objection is withdrawn or the question at issue is judicially determined.

(5)     The opening of separate accounts under this section shall not affect the joint and several liability imposed by section 63 except in so far as is, by this Regulation, expressly provided.

Regulation - 66. Revenue when due, and where and to whom payable.

Every sum payable under this Regulation on account of land-revenue, shall fall due on such date and shall be payable in such manner, in such instalments at such place and to such person, as may be prescribed.

Regulation - 67. "Arrear" and "defaulter defined.

Land-revenue not paid on the date when it falls due shall be deemed to be an arrear ; and every person liable for it shall be deemed to be a defaulter.

NOTICE OF DEMAND

Regulation - 68. Penalty leviable on arrears and notice of demand.

(1)     When an arrear has accrued, an additional charge by way of penalty not exceeding one rupee may be levied.

(2)     If the arrear is not in respect of a permanently settled estate, the prescribed officer may in his discretion, before employing any of the processes for enforcing payment prescribed by this Chapter, issue a notice of demand, calling on the defaulter to pay the amount within a time specified :

Provided that in such classes of cases, not being cases in which an arrear has accrued in respect of a permanently-settled estate, as the State Government may direct in this behalf, the prescribed officer shall not employ any such process for enforcing payment as aforesaid, until he has issued a notice of demand and the defaulter has failed to pay the arrear within the time specified in such notice.

SALE OF MOVEABLES

Regulation - 69. Attachment and sale of moveables.

(1)     the Deputy Commissioner may, for the recovery of an arrear, order the attachment and sale of so much of a defaulter's moveable property as will, as nearly as may be defray the arrear.

(2)     Every such attachment and sale shall be conducted according to the law for the time being in force for the attachment and sale of moveable property under a decree of a Civil Court, subject to such modifications thereof as may be prescribed by rules framed by the State Government for proceeding under the Assam Land and Revenue Regulation.

(3)     Nothing in this section shall authorise the attachment and, sale of necessary wearing apparel, implement of husbandry, tools of artisans, materials of houses and other buildings belonging to and occupied by agriculturists, or of such cattle or seed-grain as may be necessary to enable the defaulter to earn his livelihood as an agriculturist.

ATTACHMENT OF DEFAULTING ESTATE

Regulation - 69.AAttachment of estate, application of profits and duration of attachment.

(1)     When an arrear has accrued in respect of a temporarily-settled estate, the Deputy Commissioner, with the previous sanction of the Commissioner, may attach the estate, and may take it under his own management or may let it in farm.

(2)     During the continuance of such attachment, the settlement-holder shall be excluded from possession of the land attached, and the Deputy Commissioner or the person to whom it is let in farm by the Deputy Commissioner shall have all the rights of the settlement-holder to manage the estate, and to realise the rents and profits arising there from.

(3)     The surplus profits of the estate, after defraying the costs of attachment and of collection, shall be applied, first to the payment of any revenue becoming due in respect of such estate during the attachement, and, next to discharging the arrear for the recovery of which the attachment was made.

(4)     The attachment shall continue until the arrear is paid or realised from the profits of the estate attached, or the Deputy Commissioner reinstates the settlement-holder in possession:

Provided that, without the sanction of the State Government, no attachment shall continue for a longer period than five years.

Regulation - 69. B

(1)     When an arrear has accrued in respect of any estate pertaining to a religious institution, the Deputy Commissioner after consultation with the Managing Committee of the religious institution, if there be any, may with the previous sanction of the Commissioner, attach such estate and may take it under his own management or may let it out in farm.

(2)     Whenever the Deputy Commissioner attaches under subsection (1) an estate pertaining to a religious institution to which another estate of other estates in the same district pertain, the Deputy Commissioner, may with the previous sanction of the State Government, also attach such other estate or some or all of such other estates and take it or them under his own management or let it or them out in farm.

(3)     During the continuance of an attachment under sub-section (1) or (2), the settlement-holder or when an estate is lakheraj or revenue-free, the lakherajdar or proprietor, as the case may be, shall be, excluded from possession of the land attached; and the Deputy Commissioner or the person to whom it is let in farm by the Deputy Commissioner shall have all the rights of the settlement holder, lakherajdar or proprietor, as the case may be, to manage the estate or estates and to realise the rents and profits arising therefrom.

(4)     (i) The income of every estate attached under sub-section (1) or (2) shall be applied as follows:

Firstly, to the defraying of the cost of attachment, management and collection in respect of all the estates so attached;

Secondly, to the payment of all sums lawfully due to the Government on account of revenue or otherwise in respect of any of the estates under attachment; and

Thirdly, to the discharge of the arrear for the recovery of which the attachment was made;

(ii) Should any surplus remain after the appropriations as aforesaid, it shall be paid to the person conducting the daily worship or prayer at the institution concerned on his furnishing such security as the Deputy Commissioner may require.

(5)     (i) Save as provided in clauses (ii) and (iii) of this sub-section, every attachment under sub-section (1) or (2) shall continue until the arrears in respect of all the estates so attached are fully realised or paid;

(ii) When an estate is released from attachment, the Deputy Commissioner shall, forthwith reinstate the settlement-holder, lakherajdar or proprietor, as the case may be, in possession:

Provided that if the Deputy Commissioner is not satisfied that the future management of any such estate or estates would be such as would adequately ensure the punctual payment of future dues to Government in respect of such estate or estates, he may, with the previous sanction of the State Government maintain the attachment of such estate or estates in force until he is so satisfied.

(iii) No attachment shall continue for a period longer than two years without the previous sanction of the State Government.

SALE OF DEFAULTING ESTATE

Regulation - 70. When estate may be sold.

When an arrear has accured in respect of a permanently-settled estate or of an estate in which the settlement-holder has a permanent, heritable and transferable right of use and occupancy, the Deputy. Commissioner may sell the estate by auction:

Provided that

(1)     Except when the State Government by general order applicable to any local area or any class of cases, or by special order, otherwise direct, an estate which is not permanently settled shall not be sold unless the Deputy Commissioner is of opinion that the process provided for in section 69 is not sufficient for the recovery of the arrear;

(2)     If the arrear has accrued on a separate account opened under section 65, only the shares or lands comprised in that account shall in the first place be put up to sale; and, if the highest bid does not cover the arrear, the Deputy Commissioner shall stop the sale, and direct that the entire estate shall be put up for sale at a future date, to be specified by him; and the entire estate shall be put up accordingly and sold;

(3)     no property shall be sold under this section

(a)      for any arrear which may have become due in respect thereof while it was under the management of the Court of Wards, or was so circumstanced that the Court of Wards might have exercised jurisdiction over it under the law for the time being in force; or

(b)      for any arrear which may have become due while it was under attachment by order of a revenue authority.

Regulation - 71. Estate to be sold free of incumbrances.

Property sold under Section 70 shall be sold free of all incumbrances previously created thereon by any other person than the purchaser :

Provided that

first, nothing in section shall apply

(a)      in a permanently-settled estate,

(1)     to tenures which have been held from the time of the Permanent Settlement; or

(2)     to tenures held immediately of the proprietors which have been created since the permanent settlement and which have been registered under Chapter IV;

(b)        in any estate, to tenures created bona-fide and at (I) a rent not less than the full amount of the revenue fairly payable in respect of the land;

secondly, nothing in this section shall entitle a purchaser to reject any tenant having a right of occupancy under the Rent Law for the time being in force, or to enhance the rent of any such tenant otherwise than in the manner prescribed by that law;

thirdly, nothing in this section shall apply when the purchaser is a recorded or unrecorded proprietor or settlement-holder of the estate ;

fourthly, nothing in this section shall apply to encumbrances created in favour of State Government in any estate.

Regulation - 72. Notice of sale.

(1)     If the Deputy Commissioner proceeds to sell any property under Section 70, he shall prepare a statement in manner prescribed, specifying the property which will be sold, the time and place of sale, the revenue assessed on the property and any other particular which he may think necessary.

(2)     A list of all estates for which a statement has been prepared under sub-section (1) shall be published in manner prescribed, and the copy of the statement relating to every such estate shall be open to inspection by the public free of charge in manner prescribed.

(3)     If the revenue of an estate for which a statement has been prepared under sub-section (1) exceeds five hundred rupees, a copy of the statement shall be published in the official Gazette.

(4)     When the arrear has accrued on an estate, not being a permanently-settled estate in the district of Cachar a copy of the statement prepared under sub-section (1) shall be served on the defaulter, or, if he cannot be found, posted on the estate in manner prescribed.

(5)     When the arrear has accrued on a permanently-settled estate in the district of Cachar a copy of the statement shall be posted on, or in the vicinity of the estate in manner prescribed and, if any proprietor of the estate has registered his name and address in the manner prescribed, a copy of the notice shall be despatched to him by post in a registered cover to that address.

(6)     In making rules prescribing the manner of registering names and addresses for the purpose of sub-section (5), the State Government may impose a fee for such registration and may fix a period after which such registration will, unless renewed, become void.

Regulation - 73. Proclamation to tenants of defaulter.

When any property is notified for sale under Section 72, the Deputy Commissioner may publish a proclamation forbidding the tenants of the defaulter to pay the defaulter any rent which has fallen due since the arrear accrued, on pain of not being entitled to credit in their accounts with the purchaser for any sum so paid.

Regulation - 74. Sale by whom and when to be made.

(1)     Every sale under this Chapter, shall be made either by the Deputy Commissioner in person, or by an officer specially empowered by the State Government in this behalf.

(2)     No such sale shall take place on a Sunday or other authorized holiday, or until after the expiration of at least thirty days from the date on which the (list of estates) has been published under section 72.

(3)     The Deputy Commissioner may, from time to time, postpone the sale, and every postponement of sale of a permanently-settled estate shall be reported to the Commissioner or (where there is no Commissioner) to the State Government :

Regulation - 75. When sale may be stayed.

If the defaulter pays the arrear of revenue in respect of which the property is to be sold, and the fee (if any) prescribed in this behalf, at any time before the day fixed for the sale, the sale shall be stayed.

Regulation - 76. Right of co-proprietors to purchase share or land sold on separate account.

Where the arrear has accrued on a separate account opened under Section 65, and a sale of the entire estate has been directed under Section 70, proviso (2), any proprietor of the estate who is not comprised in the separate account may, within ten days from the time at which the direction is given, purchase the share or lands comprised in the separate account by paying the amount of the arrear, and the provision of Section 71 shall, notwithstanding the third proviso thereto, apply to such a purchase.

Regulation - 77. Deposit by purchaser.

The person declared to be the purchaser at an auction-sale under the foregoing sections shall be required to deposit immediately twenty-five per centum on the amount of this bid, and in default of such deposit the property shall forthwith be again put up and sold.

Regulation - 78. Payment of balance of purchase-money and consequences of default.

(1)     The full amount of purchase-money shall be paid by the purchaser before sunset of the fifteenth day from the date on which the auction-sale took place or, if that day is a Sunday or other authorized holiday then on the next following office day.

(2)     In default of payment within that period the deposit, after defraying thereout the expenses of the sale, shall be forfeited to the Government, the property shall be re-sold, and the defaulting purchaser shall forfeit all claim to the property or to any part of the sum for which it may be subsequently sold:

Provided that no re-sale under this section shall be made unless and until a fresh notice has been issued in the manner prescribed for the original sale.

(3)     If the proceeds of the sale which is eventually made are less than the price bid by the defaulting purchaser, the difference shall be leviable from him under the provisions of this Chapter as if it were an arrear:

Provided that the provisions of this section shall not apply to any case in which the sale has been set aside under Section 78A before the full amount of purchase-money falls due under subsection (I) of this section.

Regulation - 78A. Application to set aside sale on depositing percentage of purchase-money.

(1)     Where an estate has been sold under Section 70 or 76 any person may apply at or before noon on the sixteenth day from the date of sale, reckoning the said day of sale as the first of the said sixty days, to have the sale set aside on depositing in the Deputy Commissioner's Court

(a)      for disposal as directed in sub-section (2) a sum equal to five percent of the purchase-money up to Rs. 1,000 and to three per cent on the excess over Rs. 1,000 provided that such sum shall not be less than one rupee; and

(b)      for payment to State Government, the amount specified in the proclamation of sale as that for recovery of which the sale was ordered together with the expenses of the sale.

(2)     If deposit and application be made as aforesaid, the Deputy Commissioner shall set aside the sale and shall cause to be repaid to the purchaser the purchase-money so far as it has been deposited together with the deposit made under sub-section.

(3)     (a), unless the former has been forfeited to the Government under sub-section (2) of Section 78, in which case the latter sum shall also be forfeited to the Government.

(b) Nothing in this Section shall be deemed to create in favour of the person making such deposit any title or right to such estate or part of estate merely by virtue of the fact that he has made such deposit or that the sale has been set aside at his instance.

Explanation.- The word 'estate' in this section includes a separate account opened under Section 65.

Regulation - 79. Application to set aside sale on ground of mistake or irregularity.

At any time within sixty days from the date of the sale, application in writing may be made to the Deputy Commissioner, to set aside the sale on the ground of some material irregularity or mistake in publising or conducting it:

Provided that no sale shall be set aside on this ground unless the applicant proves to the satisfaction of the Deputy Commissioner, that he has sustained substantial injury by reason of the irregularity or mistake complained of :

Provided also that non-delivery or misdelivery of a registered cover despatched under Section 72, sub-section (5), shall not, for the purposes of this section, be deemed an irregularity or mistake in publishing or conducting the sale.

Regulation - 80. Sales when final.

(1)     A sale on which the purchase-money has been paid as directed in section 78, and against which no application under section 78A or 79 has been preferred, shall subject to the provision of Sections 81 and 82, be final at noon of the sixtieth day from the day of sale, reckoning the said day of sale as the first of the said sixty days.

(2)     A sale against which such an application has been preferred and has been dismissed by the Deputy Commissioner shall, subject as aforesaid, be final from the date of the dismissal, if more than sixty days from day of sale, or if less, then at noon of the sixtieth day as above provided.

Regulation - 81. Annulment of sale on ground of hardship.

The Board may, on application made to them at any time within one year of a sale becoming final under section 80, set the sale aside on the ground of hardship or injustice.

Regulation - 82. Annulment of sale by Civil Court.

(1)     A sale for arrears of revenue shall not be annulled by a Civil Court, except on the ground of its having been made contrary to the provisions of this Regulation, and on proof that the plaintiff has sustained substantial injury by reason of the neglect of those provisions.

(2)     A suit to annul such a sale shall not be entertained upon any ground, unless that ground has been specified in an application made to the Deputy Commissioner under section 79, or unless it is instituted within one year from the date of sale becoming final under section 80.

(3)     No person shall be entitled to contest the legality of a sale after having received any portion of the purchase-money.

Regulation - 83. Saving of right to sue for damages.

Nothing in the foregoing sections shall be construed to debar any person, considering himself wronged by any act or omission connected with a sale under this Regulation, from his remedy in a suit sale under this Regulation, from his remedy in a suit for damages against the person by whose act or omission he considers himself to have been wronged.

Regulation - 84. Re-payment of purchase- money when sale is set aside.

Whenever the sale of any estate is set aside except under Section 78A, the purchaser shall be entitled to receive back from the State Government his purchase-money, except the surplus thereof (if any), paid away under the last clause of section 87, with or without interest, at such rate not exceeding six per centum per annum, as the State Government think fit.

Regulation - 85. On sale becoming final purchaser to be put in possession.

(1)     After a sale has become final, the Deputy Commissioner shall put the purchaser into possession of the property sold, and shall grant him a certificate to the effect that he has purchased be property to which the certificate refers.

(2)     The certificate shall bear the date on which the sale became final under Section 80, and the title to the property sold shall vest in the purchaser from the date of the certificate and not before.

(3)     A certificate granted to a purchaser under this section shall be conclusive evidence in his favour, and in favour of any person claiming under him, that every publication serving, posting or despatch of any statement, list, notice or letter required by this Regulation, or the rules made under it, to be published, served, posted or despatched has been duly effected; and the title of any person who has obtained any such certificate or of any person claiming under him, shall not be impeached or affected under Section 82 or otherwise by reason of any omission, informality or irregularity as regards the publication, serving, posting or despatching of any statement, list, notice or letter in the proceedipgs under which the sale was held at which the property was purchased:

Provided that nothing in this sub-section shall effect the power conferred on the Board by section 81.

Regulation - 86. Bar of suit against certified purchaser.

The name of the purchaser to be entered in the certificate shall be that of the person declared at the time of sale to be the actual purchaser, and any suit brought in a Civil Court against the certified purchaser on the ground that purchase was made on behalf of another person not the certified purchaser, though by agreement the name of the certified purchaser was used, shall be dismissed with costs.

Regulation - 87. Application of proceeds of sale.

When a sale has become final under Section 80, the proceeds, of the sale shall be applied-

first, to defraying the expenses of the sale;

secondly, to the payment of the arrear due;

thirdly, to the payment of any other arrear due by the same 'defaulter;

and the surplus, if any, shall be paid to the person whose property has been sold, and shall not except under an order of a Civil Court, be payable to any creditor of that person.

Regulation - 88. Liability of purchaser for revenue.

The person named in the certificate of title as purchaser shall be liable for all installments of land revenue becoming due in respect of the property purchased subsequently to the accrual of the arrear for the recovery of which the property was sold.

Regulation - 89. Right of pre-emption.

When an estate held by settlement holders situate in any local area to which the State Government lay, by notification, apply this Section, is sold under section 70, any recorded settlement-holders of the estate, not being himself in arrear with regard to the revenue which, as between him and the other settlement-holders, is payable by him, may, if the lot has been knocked down to a stranger, claim to take the property at the sum last bid:

Provided that the claim is made on the day of sale and before the officer conducting the sale has left the office for the day, and that the claimant fulfills all the other conditions of the sale.

ANNULMENT OF SETTLEMENT

Regulation - 90. Annulment of settlement.

(1)     Where the estate in respect of which the arrear has accrued is not a permanently-settled estate, and is situate in any local area to which the State Government may, by notification, apply this section, if the process provided for in Section 69 is not sufficient for the recovery of the arrear, the Deputy Commissioner may, by proclamation publish in the prescribed manner, annual, the existing settlement of the estate and relinquish the claim of the Government to the arrear: Provided that

(a)      if the arrear is in respect of an estate in which the settlement-holder has a permanent, heritable and transferable right of use and occupancy, the Deputy Commissioner shall not unless the State Government otherwise, by rule direct, annul the settlement without the sanction of the State Government;

(b)      this sanction shall not apply to the recovery of any arrear which may have accrued on an estate;

(i)       while it was under the management of the Court of Wards or was so circumstanced that the Court of Wards might have exercised jurisdiction over it under the law for the time being in force; or

(ii)      while it was under attachment by order of a revenue authority.

(2)     Upon the publication of a proclamation under this Section, all encumbrances, other than the tenures mentioned in section 71, proviso first clause (b) affecting the estate, or any portion thereof shall become void, and the Deputy Commissioner (may eject the settlement-holder from possession and), may enter upon and manage the estate and receive all rents and profits accruing there from, or may dispose of the estate, in accordance with rule issued by the State Government under Section 12.

SALE OF IMMOVEABLE PROPERTY OTHER THAN THE DEFAULTING ESTATE

Regulation - 91. Power to proceed against defaulter's other immoveable property.-

[(1) If an arrear of an estate in which the settlement-holder has not a permanent, heritable and transferable right of use and occupancy, cannot be recovered by the process mentioned in Section 69, and an arrear in respect of any other estate, cannot be recovered by any of the processes mentioned in this chapter ;

And the defaulter is in possession of any immoveable property, other than the estate in respect of which the arrear has accrued, the Deputy Commissioner may proceed against any of that other property situated within his district according to the law for the time being in force for the attachment and sale of immoveable property under the decree of a Civil Court][10].

(2)   If there is no such other property in his district the Deputy Commissioner may make under his hand a certificate in the prescribed form, of the amount of the arrear remaining unpaid, and may forward the same to the Deputy Commissioner of any other district in which this Regulation is in force, and within the limits of which defaulter is possessed of any such property, and that Deputy Commissioner shall there upon proceed to realise the arrear as if it were an arrear accruing in his own district.

SUPPLEMENTAL

Regulation - 92. Recovery of cost.

The costs of serving any notice, proclamation or other process under this Chapter shall be recoverable as part of the arrear in respect of which such process was issued.

Regulation - 93. Recovery of existing arrears.

Arrears of land-revenue due at the comencement of this Regulation shall be recoverable as nearly as may be according to the provisions of this Chapter.

Regulation - 94. Recovery of other money.

The provision of this chapter shall, so far as may be, apply to the recovery of any sum of money realisable under any enactment for the time being in force as if it were an arrear of land-revenue.

Regulation - 95. Power of the State Government to make rules.

The State Government may, from time to time make rules, not inconsistent with this Regulation, to provide for the proper performance of all things to be done, and for the requisition of all proceedings to be taken, under this Chapter,

CHAPTER VI Partition and Union of Revenue Paying Estates

Regulation - 96. "Perfect partition" and "imperfect partition" defined.

Partition is either perfect or imperfect. "Perfect partition" means the division of a revenue paying estate into two or more such estates, each separately liable for the revenue assessed thereon. "Imperfect partition" means the division of a revenue paying estate into two or more portions jointly liable for the revenue assessed on the entire estate.

Regulation - 97. Persons entitled to partition.

(1)     Every recorded proprietor of a permanently-settled estate and every recorded landholder of a temporarily-settled estate may, if he is in actual possession of the interest, in respect of which he desires partition, claim perfect or imperfect partition of the estate:

Provided that-

(a)      no person shall be entitled to apply for perfect partition if the result of such partition would be to form a separate estate, liable for an annual amount of revenue less than five rupees;

(b)      no person shall be entitled to apply for imperfect partition of an estate unless with the consent of recorded co-sharers holding in the aggregate more than one half of the estate;

(c)      a person may claim partition only in so far as the partition can be effected in accordance with the provisions of this Chapter.

(2)     When two or more proprietors or land-holders would be entitled under sub-section (1) to partition in respect of their respective interests in the estate, they may jointly claim partition in respect of the aggregate of their interests.

Regulation - 98. Application for perfect partition.

Every application for perfect partition shall be in writing, shall be presented to the Deputy Commissioner, and shall specify the area of the estate, the applicant's interest therein, and the names of the other proprietors or land-holders.

Regulation - 99. Notification of application.

(1)     The Deputy Commissioner, shall, if the application is in order and not open to objection on the face of it, publish a proclamation at his office, and at some conspicuous place on the estate to which the application relates; and shall serve a notice on all such of the recorded proprietors or landholders of the estate as have not joined in the application, requiring any of them in possession who may object to the partition to appear before him and state their objections, on a day to be specified in the proclamation and notice, not being less than thirty or more than sixty days from the date on which the proclamation is issued.

(2)     Where from any cause, notice cannot be personally served on any proprietor or land-holder, the proclamation shall be deemed sufficient notice under this section.

Regulation - 100. Objection on question of title.

(1)     If an objection, preferred as required under section 99 raises any question of title which has not been already determined by a Court of competent jurisdiction, the Deputy Commissioner shall stay his proceedings for such time as, in his opinion, is sufficient to admit of a suit being instituted in the Civil Court to try the objection.

(2)     A Deputy Commissioner staying his proceedings under this section shall make an order requiring the objector, or, if for any reason he deems it more equitable, the applicant, to institute such a suit within the time fixed, and, in the event of such a suit not being instituted within that time, may in his discretion, disallow the objection, or dismiss the application, as the case may be.

(3)     On a suit being instituted to try any objection under this section, the Deputy Commissioner shall with reference to the objection, be guided by the orders passed by the Civil Court in the suit.

Regulation - 101. Other objections how dealt with.

If any objection, other than an objection of the nature referred to in section 100, is preferred as aforesaid to the partition, the Deputy Commissioner shall dispose of it himself; unless for any reason he thinks fit to require that it be submitted to a Civil Court for adjudication, in which event the provisions of section 100 shall apply to the objection.

Regulation - 102. Proceedings of the Deputy Commissioner after objections have been disposed of.

When the period specified under section 99 has expired, and the objections (if any) made have been disposed of by the Deputy Commissioner or by the Civil Court as the case may be, the Deputy Commissioner shall, if no such objection has been allowed, proceed to make the partition;

Provided that the Deputy Commissioner may, in his discretion, in order to admit of the institution of an appeal from any decision regarding an objection, or for any other reason he deems sufficient, further postpone his proceedings.

Regulation - 103. Mode of partition.

The Deputy Commissioner may give the parties the option of making the partition themselves, or of appointing arbitrators for the purpose; or he may make, the partition himself.

Regulation - 104. Power to enter on land for purpose of partition.

In making partitions the Deputy Commissioner and any person appointed by him, shall have the same powers for entry on the land under partition, for making out the boundaries surveying and other purposes, as have been conferred on Survey Officers by or under this Regulation.

Regulation - 105. Partition of lands held only in severalty.

Where there are no lands held in common, the lands held in severalty by the applicant for partition shall be declared a separate estate, and shall be separately assessed to the Government revenue.

Regulation - 106. Partition of lands some of which are held in common.

(1)     Where some of the lands are held in common, the Deputy Commissioner shall allot to the applicant for partition his share of those lands in accordance, with village-custom if any such exists. If no such custom exists, Deputy Commissioner shall make such division as may secure to the applicant his fair portion of the common lands.

(2)     The portion of the common lands falling by the partition to the share of the applicant shall be added to the land held by him in severalty, and the aggregate thus formed shall be declared a separate estate, and shall be separately assessed to the Government revenue.

Regulation - 107. Partition where all lands are held in common.

Where all the lands are held in common, the Deputy Commissioner shall make such a partition as may secure to the applicant his fair share of the estate, and the land allotted to him shall be declared a separate estates, and shall be separately assessed to the Government revenue.

Regulation - 108. Transfers to be effected in making partition.

In making the partition under section 105 or section 106, the Deputy Commissioner shall give effect of any transfer of lands held in severalty, forming part of the estate, agreed to by the parties and made before the declaration of the partition.

Regulation - 109. Estates to be compact.

In all cases, each estate shall be made as compact as possible:

Provided that, except with the sanction of the Commissioner, where there is no Commissioner, with the sanction of the State Government, no partition shall be disallowed solely on the ground of incompactness.

Regulation - 110. Rule when building of one sharer is included in estate assigned to another.

(1)     If, in making a partition, it is necessary to include in the estate assigned to one sharer the land occupied by a dwelling house or other building in the possession of another co-sharer, that other co-sharer shall be allowed to retain it with any buildings thereon, on condition of his paying a reasonable ground-rent for it to the sharer into whose portion it may fall.

(2)     The limits of the land, and the rent to be paid for it, shall be fixed by the Deputy Commissioner.

Regulation - 111. Rule as to tanks, wells, water-courses and embankments.

(1)     Tanks wells, water-courses and embankments shall be considered as attached to the land for the benefit of which they were originally made.

(2)     Where from the extent, situation or construction of any such_work, it is found necessary that it should continue as the joint property of the proprietors or land-holders of two or more of the estates into which the estates is divided the Deputy Commissioner shall determine the extent to which the proprietors or land-holder of each estate may make use of the work and the proportion of the charges for repairs to be borne by them respectively, and the manner in which the profits, if any, derived from the works, are to be divided.

Regulation - 112. Rule as to places of worship and burial grounds.

(1)     Places of worship and burial grounds held in common previous to the partition of an estate, shall continue to be so held, unless the parties otherwise agree among themselves.

(2)     In such cases they shall state in writing the agreement into which they have entered, and their statement shall be filed with the record.

Regulation - 113. Determination of revenue payable by each portion of divided state.

(1)     The amount of revenue to be paid by each portion of the divided estate shall be determined by the Deputy Commissioner:

Provided that the aggregate revenue of the new estates shall not exceed the revenue assessed on the estate immediately before partition.

(2)     The proprietors or land-holders of each of the new estates shall be jointly and severally liable for the portion of the revnue assessed on their estate, whether new acceptance are taken from them or not.

Regulation - 114. Costs.

(1)     The State Government shall make rules for determining the costs of partition under this Act, the mode in which those cost are to be apportioned, and the parties by whom, and the stage of the proceedings at which, they are to be paid;

Provided that the cost of surveying an estate, when a survey is necessary for the purpose of partition, shall be paid rateably, by all the proprietors or land-holders of the estate, according to their interests therein.

(2)     If the costs to be paid by the applicant for partition are not paid within a time to by fixed be the Deputy Commissioner subject to the rules made under this section, the case may by struck off the file.

Regulation - 115. Power to stay partition.

If at any stage of the proceedings there appears to be any reason for stopping the partition, the Deputy Commissioner may, of his own motion, stay the partition and order the proceedings to be quashed.

Regulation - 116. Proclamation of partition.

On completion of a partition the Deputy Commissioner shall publish a proclamation of the fact at his office and at some conspicuous place on each of the new estates or in the estate of which they originally formed part, and the partition shall take effect from the beginning of the agricultural year next after the date of the proclamation.

Regulation - 116A. Procedure to be followed by Deputy Commissioner in giving effect to the partition.

As soon as may be after the date on which the partition takes effect under the last preceding section, the Deputy Commissioner shall deliver to the several sharers possession of the separate lands allotted to them, and for this purpose may, if necessary, summarily eject any proprietor or land-holder who may refuse to vacate the same.

Regulation - 117. Appeal from decision of Deputy Commissioner.

An appeal against the decision of the Deputy Commissioner making a partition shall lie to the Board within one year from the date on which the partition takes effect.

Regulation - 118. Power to order new allotment of revenue on proof of fraud or error in the first distribution.

Where the revenue is fraudulently or erroneously distributed at the time of partition, the State Government may, within twelve years from the time of discovery of the fraud or error, order a new allotment of the revenue upon the several estates into which the estate has been divided, on an estimate of the assets of each estate at the time of the partition to be made conformably to the best evidence and information procurable respecting the same.

Regulation - 119. Making of imperfect partition.

Imperfect partition shall be carried on according to the provisions of the preceding section, so far as they are applicable.

Regulation - 120. Persons entitled to union.

If a recorded proprietor or land-holder is in possession of two or more revenue-paying estates, he may, subject to the rules framed under section 121, claim to have those estates united, and to hold them as a single estate.

Regulation - 121. Power to make rules.

The State Government may make rules, not being inconsistent with this Regulation, as to the procedure and principles to be observed in dealing with applications for, and in carrying out, the partition and union of estates, and in assessing the land revenue on estates divided.

CHAPTER VII Powers of Officers

PART A Revenue Officers

Regulation - 122. State Government.

(1)     The State Government shall be the chief controlling authority.

Regulation - 123. Ex-officio Revenue officers.

Every Commissioner of a Division, Deputy Commissioner, Assistant Commissioner and Extra Assistant Commissioner shall be a Revenue-officer for the purposes of this Regulation.

Regulation - 124. Appointment of other Revenue Officers.

The State Government may, for the purposes of this Regulation-

(a)      appoint to each district, in addition to the officers mentioned in section 123, as many other Revenue-officers as they think fit, and

(b)      suspend or remove any officer appointed under this section.

Regulation - 125. Sub-divisional Officers.

(1)     The State Government may, for the purposes of this Regulation

(a)      divide any district into sub-divisions, or make any portion of a district a sub-division, ahd may alter the limits of a sub-division, and

(b)      place any Assistant Commissioner or Extra Assistant Commissioner in charge of one or more sub-divisions of a district, and at any time remove him there from.

(2)     An Assistant Commissioner or Extra Assistant Commissioner in charge of a sub-division shall be called the Sub-Divisional Officer.

Regulation - 126. Powers of Sub-divisional Officers.

(1)     A Sub-divisional Officer shall, in addition to any other powers conferred on him by or under this Regulation, have the following powers of a Deputy Commissioner, namely

(a)      power to dispose of cases of gain by alluvium or by dereliction of a river, and loss by dilution under section 34;

(b)      power to inquire into and report on revenue-free holdings and to assess revenue on resumed lands under Chapter III, Part E ;

(c)      the powers conferred by sections 50 to 58 (both inclusive) in respect of registration;

(d)      power to attach and sell moveable property belonging to defaulters under Chapter V; and

(e)      subject to the confirmation of the Deputy Commissioner, power to receive applications and to do all that is necessary for effecting partition and union of estates under Chapter VI.

(2)     The State Government may confer on any Sub-Divisional Officer all or any of other powers of a Deputy Commissioner under the Regulation.

Regulation - 127. Power to invest Assistant Commissioners etc, not in charge of sub-divisions with special powers.

The State Government may confer upon Assistant Commissioners and Extra Assistant Commissioners not in-charge of sub-divisions of districts all or any of the powers conferred by or under this Regulation on Sub-divisional Officers in such cases or classes of cases as the Deputy Commissioner of the district may, frame time to time, refer to them for disposal.

Regulation - 128. Subordination of Revenue Officers.

(1)     All Revenue Officers in a district shall be subordinate to the Deputy Commissioner, and shall exercise all powers conferred on them by or under this Regulation subject to his control.

(2)     Subject to the general control of the Deputy Commissioner, all Revenue- Officers other than the Sub-Divisional Officer, in a Sub-division of a district shall, unless the State Government otherwise direct, be subordinate to the Sub-Divisional Officer, and shall exercise all powers conferred on them by or under this Regulation subject to his control.

(3)     Subject to the general control of the State Government, all Revenue- Officers in a district which is included in a Commissioner's division shall be subordinate to the Commissioner, and shall exercise all powers conferred on them by or under this Regulation subject to his control.

[(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][11].

Regulation - 129. Power to distribute work.

(1)     Subject to any rules which the State Government may make in this behalf, Deputy Commissioner or Sub-Divisional Officer may refer any case to any Revenue-Officer subordinate to him for investigation and report, or, if that officer has power to dispose of the case, for disposal.

(2)     Subject as aforesaid, a Deputy Commissioner may direct that any Revenue-Officer subordinate to him shall, without such reference, deal with any case or class of cases arising within any specified area, and either investigate and report on the case or class of cases or if the has power, dispose of it himself.

(3)     A sub-ordinate Revenue -Officer shall submit his report on any case referred to him under this section for report to the officer referring it, or otherwise as may be directed in the order of reference; and the officer receiving the report may, if he has power to dispose of the case, dispose of the same, or may return it for further investigation to the officer submitting the report, or may hold the investigation himself.

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

The Board or a Deputy Commissioner or Sub-Divisional 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.

Regulation - 131. Powers of officers transferred to another district.

Whenever any Revenue-officer who has been invested with any powers under this Regulation in any district or subdivision is transferred to another district or sub-division, he shall unless the State Government otherwise direct, be held to be invested with the same powers in the district or sub-division to which he is so transferred.

Regulation - 132. Provision for discharge of duties of a Deputy Commissioner dying or being disabled.

When a Deputy Commissioner dies or is disabled from performing his duties, such officer as the State Government may by rule direct shall take executive charge of his district, and shall be deemed to be a Deputy Commissioner under this regulation, until, successor to the Deputy Commissioner so dying or disabled is appointed, and that successor takes charge of his office, or until the person so disabled resumes charge of his office.

PART B Settlement and Survey-Officers

Regulation - 133. Appointment of Settlement Officers.

(1)     The State Government may appoint a Settlement-Officer to be in-charge of the settlement of any local area or class of estates, and as many Assistant Settlement-Officers as they think fit; and all Assistant Settlement Officers so appointed shall be subordinate to the Settlement -Officer.

(2)     The State Government may suspend or remove any officer appointed under this section.

Regulation - 134. Appointment of Survey officers.

(1)     The State Government may appoint a Survey-Officer to be in-charge of the survey of any local area or class of estates, and as many Assistant Survey Officers as they think fit; and all Assistant Survey-Officers so appointed shall be subordinate to the Survey-Officer.

(2)     The State Government may suspend or remove any officer appointed under this section.

Regulation - 135. Powers of settlement officers.

A Settlement-Officer shall, in addition to any other power conferred on him by or under this Regulation, have in the local area or class of estates under Settlement

(a)      all the powers conferred by Chapter III, Part E, on a Deputy Commissioner; and

(b)      when a survey does not form part of the settlement all the powers conferred by Chapter III, Part B, on a Survey officer.

Regulation - 136. Power of Assistant Settlement officers and Assistant Survey-officers.

An Assistant Settlement-Officer and Assistant Survey Officer shall have all the power's conferred by this Regulation on a Settlement-Officer and Survey-Officer respectively, subject to such restrictions as the Settlement-Officer or Survey-Officer may from time to time, impose:

Provided that no Assistant Settlement-Officer shall, unless specially empowered by the State Government, have power

(a)      to frame proposals for assessment under section 30;

(b)      to exclude persons under sections 35 and 36 for refusal to accept settlement; or

(c)      to assess land which the State Government has under section 45, sub-section (2) declared liable to assessment.

Regulation - 137. Investing of Settlement Officers with special powers.

The State Government may invest Settlement-Officer, SurveyOfficer, Assistant Settlement-Officer, or Assistant Survey Officer with all or any of the powers of a Deputy Commissioner under this Regulation, within such limits, and with such restrictions, and for such period, or Survey Officer as they think fit.

Regulation - 138. Exercise of powers of Settlement-officers or Survey officer by other officers.

(1)     At any time during the currency of a Settlement the State Government may invest any officer with all or any of the powers of a Settlement Officer or Survey-Officer under this Regulation, within such limits, and with such restrictions, and for such period, as they think fit.

(2)     If no Settlement-Officer or Survey-Officer is appointed, and no officer is invested with the powers of a Settlement -Officer or Survey-Officer under sub-section (1), the Deputy Commissioner and Sub-Divisional Officer (if any) shall have all the powers conferred by this Regulation on a Settlement-Officer as the case may be.

PART C Mode of Conferring and withdrawing Powers

Regulation - 139. Conferring and withdrawing of powers.

(1)     In conferring powers under this Regulation the State Government may empower persons by name or classes of officials generally by their official titles and may vary or cancel any order conferring such powers.

(2)     The State Government may withdraw from any officer the powers conferred on him by this Regulation.

CHAPTER VIII Procedure

Regulation - 140. Place for holding Court.

Subject to the orders of the State Government-

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

(b)      a Deputy Commissioner, and Assistant Commissioner, or Extra Assistant Commissioner (whether-in-charge or not of a Sub-division of a District), a Settlement-Officer, an Assistant Settlement-Officer, a Survey-Officer, and an Assistant Survey Officer may hold his Court at any place within the limits of the district or sub-division to which he is appointed.

Regulation - 141. Power to summon persons to give evidence, etc.

(1)     The Board and any officers mentioned in section 140 may summon any person whose attendance they consider necessary for the purposes of any investigation or other business before them conducted under this Regulation.

(2)     All persons so summoned shall be bound to attend either in person or by authorised agent as the Board or such officer may direct;

and to state the truth upon any subject respecting which they are examined;

and to produce such documents and other things as may be required.

Regulation - 142. Power to fine persons 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.

Regulation - 143. Power to refer disputes to arbitration.

(1)     The State Government, a Deputy Commissioner, a Sub-Divisional Officer, a Settlement- Officer or an Assistant Settlement-Officer, a Survey Officer or an Assistant Survey-Officer may, with the consent of the parties, refer any dispute before them to arbitration.

(2)     In all cases referred to arbitration the procedure laid down in the Code of Civil procedure in force for the time being shall be followed so far as applicable, and the officer referring the case shall discharge the function of the Civil Court.

Regulation - 144. Recovery of fines and costs.

All fees, rents, fines, costs, and other money payable under this Regulation, or under rules made by the State Government under this Regulation shall be recoverable as an arrear of land revenue.

Regulation - 144A- Recovery of rents, fees, royalties and of moneys due to the Government in certain cases.

All rents, fees and royalties due to the Government for the use or occupation of land or water (whether the property of the Government or not) or on account of any products thereof and all moneys falling due to the Government under any grant, lease security bond, or contract which provides that they shall be so recoverable, may be recovered under this Regulation in the same manner as an arrear of land-revenue.

Regulation - 145. Proceedings against defaulting Revenue Officers.

If a Deputy Commissioner has reason to believe, that a Revenue Officer subordinate to him, who has collected any sum due under this Regulation, has absconded, or is about to abscond, without accounting for such sum, he may issue a warrant for the apprehension of the officer, and proceed against him, or cause proceedings to be instituted against him, under Chapter V, as if he were a defaulter in the amount so collected.

Regulation - 146. Proceedings against sureties of defaulters or Revenue Officers.

Any person who has become liable for any amount as surety for a defaulter or Revenue Officer may be proceeded against in the manner prescribed in Chapter V, as if he was a defaulter in such amount.

Regulation - 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 Sub-divisional Officer, an Assistant Commissioner or Extra Assistant Commissioner;

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

(d)   to a Survey Officer, from orders passed by an Assistant Survey Officer:

Provided that no appeal shall lie against the following orders-

(i)       orders of an Assistant Settlement Officer or Assistant Survey Officer under sections 21 and 22;

(ii)      orders of a Survey Officer or Settlement Officer;

(1)     under sections 21, 22 and 24;

(2)     apportioning the expense of erecting and repairing boundary-marks in accordance with rules made under section 27;

(iii)     orders of a Survey Officer, Settlement Officer or Deputy Commissioner, original or appellate imposing or confirming a fine not exceeding fifty rupees;

(iv)    orders of a Deputy Commissioner under section 79 setting aside or refusing to set aside the sale;

(v)      any decision given in accordance with an award of arbitrators appointed under section 143, except in the case of fraud or collusion;

(vi)    orders under section 148, admitting an appeal after the period of limitation has expired;

(vii)   orders expressly declared by this Regulation to be final subject to the provision of section 151][12].

Regulation - 148. Limitation of appeal.

(1)     Unless otherwise specially provided in this Regulation, or in rules issued under this Regulation

(a)      no appeal under section 147, clause (a) shall lie after the expiration of 2 months from the date of the order appealed against;

(b)      no appeal under same section, clauses (b), (c) and (d) shall lie after the expiration of thirty days from the date of the order appealed against.

(2)     In computing the period prescribed for an appeal by this section, the day on which the order appealed against was passed, and the time required for obtaining a copy of such order, shall be excluded.

(3)     An appeal may be admitted after the period of limitation prescribed therefor by this section when the appellant satisfies the Board or officer to whom he appeals that he had sufficient cause for not presenting the appeal within that period.

Regulation - 149. Procedure of Appellate Court on appeal.

The Board or officer to whom the appeal lies may reject the appeal without hearing the respondent (if any); if it or he, as the case may be, admits the appeal it or he may reverse, modify or confirm the order appealed against, it or he may direct such further investigation to be made or such additional evidence to be taken as it or he may think necessary, or it or he may itself or himself as the case may be, take such additional evidence.

Regulation - 150. Suspension of order appealed against.

In any case in which an appeal is admitted the Appellate Court may, if it thinks fit, pending the result of the appeal, direct the order appealed against to be suspended.

Regulation - 151. Power to call for proceedings of subordinate officers.

The Board, a Deputy Commissioner, a Settlement Officer and a Survey Officer may call for the proceedings held by any officer subordinate to it or him, and pass such orders thereon as it or he thinks fit.

Regulation - 152. Power of make rules.

The State Government may make rules consistent with this Regulation, to regulate the procedure of officers in the discharge of any duty imposed on them by or under this Regulation, and may by such rule confer upon any officer any power exercised by a Civil Court in the trial of suits.

CHAPTER IX Miscellaneous

Regulation - 153. Proceedings under this Regulation, un-affected by mistake mis description or irregularity.

(1)     No proceedings under this Regulation shall be affected by reason of any mistake in the name of any person thereby rendered liable to pay any sum of money, or in the description of any estate in respect of which he is rendered liable to pay, or by reason of any other informality: provided that the provisions of this Regulation, and of the rules passed under this Regulation have been substantially complied with.

(2)     No proceedings under this Regulation shall be affected by reason of any irregularity or omission in the publication or service of any notice or proclamation thereunder, unless it is proved that some material injury was caused by such irregularity or omission.

Regulation - 153A. Boards Power to hear pending proceedings.

Any proceeding under the Regulation pending before the Commissioner immediately before the date of commencement of this Act shall be deemed to have been instituted before the Board, and shall be decided as if it were duly instituted before the Board.

Regulation - 154. Matters exempted from cognizance of Civil Court.

(1)     Except when otherwise expressly provided in this Regulation, or in rules issued under this Regulation, no Civil Court shall exercise jurisdiction in any of the following

(a)      questions as to the validity or effect of any settlement, or as to whether the conditions of any settlement are still in force;

(b)      questions as to the amount of revenue tax, cess or rate to be assessed; and the mode, or principle of assessment;

(c)      the formation of the record-of-rights or the preparation, signing, or alteration of any document contained therein;

(d)      claims of persons to perfect partition;

(e)      claims of persons to imperfect partition, except in cases in which a perfect partition could not be claimed from, and been refused by, the revenue authorities on the ground that the result of such partition would be to form a separate estate liable for an annual amount of revenue less than five rupees;

(f)       the distribution of the land or allotment of the revenue on partition;

(g)      claims connected with, or arising out of the collection of land revenue, or any process for the recovery of an arrear of land revenue or any other enactment for the time being in force, realisable as an arrear of land revenue;

(h)     claims to occupy or resort to lands under sections 13 and 14, and disputes as to the use and enjoyment of such lands between persons permitted to occupy or resort to the same;

(i)       claims to have an allotment made under section 13 or section 14, and objection to the making of such allotment;

(j)       claims to a remission or refund of any revenue, cess tax, rate, fee, or fine payable or paid under this Regulation or liable under any enactment for the time being in force as an arrear of land revenue;

(k)      claims to set aside a decision passed in accordance with an award or arbitrators;

(l)       claims to any office connected with the revenue, administration or to any emolument appertaining to such office or in respect of any injury caused by exclusion, suspension or removal therefrom;

(m)    any matter respcting, which an order expressly declared by this Regulation to be final, subject to the provisions of section 151, has been passed ;

[(n) any matter regarding ejectment of any person from a land over which no person has accrued the right of a proprietor, land-holder or settlement-holder and the disposal of any crop raised or any building or other construction erected without authority on such land][13].

(2)     In all the above cases jurisdiction shall rest with the revenue authorities only.

(3)     Notwithstanding anything in section 265 or section 396 of the Code of Civil Procedure, a Civil Court may, in the case of claim for an imperfect partition with respect to which its jurisdiction is not barred by this section, exercise the same powers in making the partition of a revenue-paying estate as it is competent to exercise in making the partition of a revenue-free estate.

(4)     When a Civil Court has made an imperfect partition of a revenue-paying estate the amount of revenue for which each portion of the divided estate is, as between that portion and the other portions to be liable, shall be determined by the Deputy Commissioner in the same manner as if the partition had been carried out by himself under Chapter VI of this Regulation."

Regulation - 154A.

(1)     Notwithstanding anything contained in any judgment decree or order of any court, any notice served or any action taken or any penalty imposed to any ejectment done under sub-rule (1), (2), (3a) and (3b), (4), (5) and (5a) of rule 18 of the Settlement Rules made under the Regulation shall be and always be deemed to have been validly done.

(2)     No suit or other proceedings shall be maintained or continue in any court against the Government or any person or authority for any act done or purported to have been done under sub-rules (1), (2), (3a) and (3b), (4), (5) and (5a) of Rule 18 of the Settlement Rules made under the Regulation.

(3)     No court shall enforce any decree or order against the Government or any other person for any action taken or purported to have been taken under sub-rules (1), (2), (3a) and (3b), (4), (5), and (5a) of Rule 18 of the Settlement Rules made under the Regulation.

Regulation - 155. Additional power to make rules.

The State Government may, in addition to the other matters for which they are empowered by the Regulation to make rules, consistent with this Regulation relating to the following matters

(a)      the person by whom, and the time, place and manner at or in which, anything is to be done for the doing of which provision is made in this Regulation or the rules made there under;

(b)      the mode in which notices, proclamations, summonses, warrants and other processes issued under this Regulation shall be issued, published and served, and the fees to be charged for the issue, publication and service of such proceedings;

(c)      the costs of all proceedings under this Regulation;

(d)      the manner in which representatives shall be appointed to act in matters relating to this Regulation on behalf of any body of settlement-holders or persons entitled to, or with whom it may be desirable to make, a settlement;

(e)      the granting of licences to prepare or collect or the farming of the right of preparing or collecting, rubber, lack and other forest produce upon land over which no person, has the rights of a proprietor, land-holder, on settlement-holder;

(f)       the granting of licences, or the farming of the right, or work mines, stones and lime quarries, salt-wells and oil-wells, to fish in fisheries proclaimed under Section 16, and to carry on goldwashig operations;

(g)      the payments in consideration of which and the conditions on which, such licences or firms may be granted; and

(h)     generally to carry out the provisions of this Regulation.

Regulation - 156. Penalty for breach of rules.

The State Government may, in making any rule under this Regulation, provide that a breach of the rule, in addition to any other consequence which would ensure from such breach, be punishable with fine which may extend to two hundred rupees, or when such breach is a continuing breach, to fifty rupees for each day during which such breach continues, or on conviction before a Magistrate, with imprisonment which may extend to six months or with fine up-to one thousand rupees or with both.

Regulation - 157. Making and publication of rules.

(1)     The State Government shall, before making any rules under this Regulation, publish in such manner as may, in their opinion, be sufficient for giving information to persons interested, a draft of the proposed rules, with a notice specifying a date at or after which the draft will be taken into consideration; and shall, before making the rules, receive and consider any objection or any suggestion which may be made by any person with respect to the draft before the date so specified.

(2)     If, on such consideration of the draft, any modification is made, the State Government shall determine whether it is necessary to republish the draft under this section.

[14](3) * * * * * * *

(4) All rules made by the State Government under the Regulation shall be published in the official Gazette and shall thereupon have the force of law.

Regulation - 158.

[15][* * * ]

Regulation - 159. Powers exercisable from time to time.

All powers conferred by this Regulation may be exercised from time to time as occasion requires.

CHAPTER X Protection of Backward Classes

Regulation - 160. Protection of certain classes.

(1)     Notwithstanding anything hereinbefore contained, the State Government may adopt such measures as it deems fit for the protection of those classes who on account of their primitive condition and lack of education or material advantages are incapable of looking after their welfare in so far as such welfare depends upon their having sufficient land for their maintenance.

(2)     The State Government may, be notification in the Official Gazette, specify the classes of people whom it considers entitled to protection by such measures as aforesaid.

Regulation - 161. Constitution of compact areas.

The protective measures may include the constitution of compact areas, in regions predominantly peopled by the classes of people notified under the provisions of sub-section (2) of Section 160, into belts or blocks. The boundaries of the areas so constituted shall as far as possible coincide with mauza boundaries or be otherwise easily distinguishable.

Regulation - 162. Extension of Chapter X to such areas.

(1)     The State of Government may, by notification in the official Gazette, direct that the provisions of this Chapter shall apply to the areas, or any of the areas, constituted into belts or blocks under the provisions of section 161. On such application, the disposal of land by lease for ordinary cultivation, the nature and extent for rights conveyed by annual or periodic leases, the termination or forfeiture of such rights, the ejectment of persons in occupation who have no valid right in the land, the management or letting out in farm of land in certain circumstances by the Deputy Commissioner, and the other allied or connected matters shall so far as possible, be governed by the provisions of this Chapter and the rules made there under.

(2)     Notwithstanding anything to the contrary in any laws, usage, contract or agreement, no person shall acquire or possess by transfer, exchange, lease, agreement or settlement any land in any area or areas constituted into belts or blocks in contravention of the provisions of sub-section (1) :

Provided that nothing contained in this chapter or in the rules made thereunder, shall affect any transfer by way of a mortgage in favour of any nationalised bank, a Co-operative Society registered under the Assam Co-operative Society Act, 1949 (Assam Act I of 1950), or such other financing institution as may be approved by the State Government).

(3)     From and after the commencement of the Assam Land and Revenue Regulation (Amendment) Act, 1964, no document evidencing any transaction for acquisition or possession of any land by way of transfer, exchange, lease agreement or settlement shall be registered under the Indian Registration Act, 1908, if it appears to the registering authority that the transaction has been effected in contravention of the provisions of sub-section (2).

(4)     The State Government may in the like manner, direct that provisions of this chapter shall cease to apply to any area or areas or provisions of any area, or areas, to which they have been applied under the provisions of sub-section (1).

(5)     The application of the provisions of this chapter to any area as aforesaid will not affect

(a)      Land settled for special cultivation or purposes ancillary to special cultivation (including grants made for tea cultivation);

(b)      Lakheraj, Niskheraj or special estate settled with non-cultivators for their maintenance, which land or estate and the rights and interests therein shall continue to be governed by the provisions for the foregoing chapters of the Regulation and the rules made thereunder.

Regulation - 163. Disposal of land for the purposes of cultivation.

(1)     The disposal of land in areas to which the provisions of this chapter apply for this purpose of ordinary cultivation or purposes ancillary thereto, shall be in accordance with such policy and procedure as may be adopted and directed by the State Government.

[16](2) In adopting and directing such policy or procedure, the State Government shall take into consideration

(a)      first, the bonafide needs of persons belonging to the classes notified under sub-section (2) of section 160 who are permanently residing in such area from before its constitution under section 161;

(b)      secondly, the bonafide needs of persons belonging to such classes who are temporarily residing in such area from before its constitution, but, who are settlement holders of land within the area, on the date of its constitution, and who are likely to undertake to become permanent residents therein within a reasonable time; and

(c)      thirdly, if the extent of cultivable land available for settlement in belt or block be large enough, the bonafide needs of

(i)       The persons belonging to the other classes of people residing in the belt or block from before the constitution of the belt or block;

(ii)      The persons belonging to the classes notified under sub-section (2) of section 160, who are living elsewhere in the State.

[17](3)   The policy adopted and directed under sub-section (1) shall also provide that no settlement with the persons belonging to the classes of people mentioned in clause (c) of sub-section (2) shall be made except with the previous approval of the State Government.

Regulation - 164. Rights of settlement holders and land holders.

(1)     A settlement-holder other than a land-holder shall have no right in the land held by him beyond such as are expressed in his settlement lease.

(2)     A land-holder shall have a right of use and occupancy in the land-holder by him subject to any restrictions or modifications of section 9.

Bar of Acquisition in a belt or block.- Provided that no landholder shall transfer his land in a belt or block to

(a)      any person not belonging to a class of people notified under section 160; or

(b)      to any person who is not a permanent resident, in that belt or block :

Provided further that no such land-holder shall transfer his land in a belt or block to any person who is a permanent resident in that belt or block who does not belong to a class of people notified under section 160 except with the previous permission of the Deputy Commissioner :

Provided also that in granting such permission the Deputy Commissioner shall have due regard to the interests of persons belonging to the classes notified under that section.

Regulation - 164(A). Bar of acquisition by prescription in a belt or block

[Notwithstanding anything to the contrary contained in this Act or in any law relating to limitation, no person to whom any land is transferred in a belt or block in contravention of the provisions of this Chapter, shall acquire any light or title in that land by length of possession whether adverse or not.][18]

Regulation - 164(B). Penalty for Transfer.

[If any transfer of land is effected in contravention of the provisions of this Chapter both the transferor and the transferee shall be punished with simple imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both][19].

Regulation - 165. Ejectment and eviction.

(1)     In the case of unsettled land any person, who without authority has encroached upon or occupied it shall be liable to ejectment forthwith.

(2)     In the case of annually settled land, persons other than settlement-holders, members of their families and hired servants, if found in occupation thereof, shall be liable to ejectment forthwith. The settlement with the settlement-holder shall, unless terminated earlier for infringement of the conditions of the lease, or for any action contrary to or in consistent with the rights conferred on him by the lease, automatically terminate at the end of the period covered by the lease.

(3)     (a) In the case of periodically settled land, persons who have entered into occupation without valid authority from the land-holder, or whose entry or occupation is or has come about in a manner, inconsistent with the provisions of this chapter, shall be liable to eviction.

(b) Such eviction shall be preceded by service of notice requiring the occupants to vacate the land and to remove all buildings and other constructions erected and crops raised, within a period not exceeding one month from the date of receipt of the notice.

(c) The Deputy Commissioner may after the persons have vacated or have been evicted from the land, take the land under his own management, or may let in farm, for such period as he thinks fit, but shall give the land-holders a reasonable opportunity of undertaking in writing that he will do everything in his power to prevent unauthorised occupation by other persons in future, and of agreeing in writing that on his failure to do so, he will forfeit his lights and status of a land-holder in respect of the land. If satisfied with an undertaking and agreement as aforesaid, the Deputy Commissioner shall accept them and they shall be deemed to govern the land-holder's future-rights and status in respect of the land, and the land shall then be restored to the land-holder. If the land-holder subsequently contravenes the undertaking as aforesaid, or any of the provisions of section 9, he shall be liable to forfeiture of his rights and status in respect of the land, which will then be available for settlement a fresh subject to any lawful, encumbrances subsisting upon it.

Regulation - 166. Immunity.

No suit shall lie against any public servant for anything done by him in good faith under this Chapter.

Regulation - 167. Bar on jurisdiction.

No Civil Court shall exercise jurisdiction in any of the matters covered by this Chapter.

Regulation - 168. Investment of powers.

The State Government may, by notification in the official Gazette, invest any Revenue Officer with the powers of the Deputy Commissioner under all or any of the provisions of this Chapter within such limits, with such restrictions and for such period as may be specified, and may withdraw from any such officer any of the powers so conferred upon him.

Regulation - 169. Appeals.

(1)     An appeal shall lie under this Chapter-

(a)      to the Deputy Commissioner, from any original order passed by any officer subordinate to him, and

(b)      to the Board from any original order passed by a Deputy Commissioner.

(2)     Except in regard to orders relating to periodically settled land and an order passed on appeal under subsection (1) clause (a) shall be final.

(3)     In regard to orders relating to periodically settled land an appeal will lie to the Board from an appellate order of the Deputy Commissioner.

Regulation - 170. Revision.

The Board or the Deputy Commissioner may call for the proceedings held by any officer subordinate to it or him, and pass such order thereon as it or he thinks fit.

Regulation - 171. Rules.

The State Government may, by notification in the official Gazette, make rules for purposes of carrying out the provisions of this Chapter. 

 

THE SCHEDULE

[See Section 2)

Enactments Repealed

Part 1 - Bengal Regulation

 

 

 

Part II. - Acts of the Governor General in Council-conctd.

 

Part II1. - Acts of the Lieutenant Governor of Bengal Council

 

Part IV. - Regulation under 33 Victoria, Chapter 3

Regulation IV, 1875 Realisation of arrears of revenue The whole, in Sylhet and Goalpara.