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S.1 Preliminary.-

1. Preliminary.- These rules may be called the Assam Assessment of Revenue Free Waste Land Grants Rules, 1949.

S.2 Definitions.

2. Definitions.- (a) 'The Act" means the Assam Assessment of Revenue Free Waste Land Grants Act, 1948 (Assam Act XXIV of 1948);

(b) “Officer” means an officer appointed under the Act;

(c) “Rule” means a rule of these rules;

(d) “Section” means a section of the Act.

S.3 Assessment for the years 1948-49 and 1949-50:-

3. Assessment for the years 1948-49 and 1949-50:- An Officer appointed under Section 6 of the Act shall ask the grantees concerned in writing to furnish the gross areas liable to assessment within a reasonable time and after consulting the District Registers of Revenue Free Estates assess the grants concerned on the gross area at the rate determined by Government, that is to say, at the rate of Re. 1 per acre for the years 1948-49 and 1949-50 and the grantees concerned should be duly served with a notice in the Form prescribed in Appendix I to pay the revenue for 1948-49 in one instalment within 15 days from the date of receipt of the notice, if not already paid, and the revenue for the year 1949-50, if it exceeds Rs. 500 should be paid in two equal instalment but there is no objection if any grantee pays the entire amount at one and the same time. If the revenue does not exceed Rs. 500, it should be paid in one instalment.

The grantees

S.4 Assessment for the year 1950-51 and subsequent years till the next Re-settlement.-

[1[4. Assessment for the year 1950-51 and subsequent years till the next Re-settlement.- (a) For the year 1950-51 (1st April 1950 to 31st March, 1951) and for subsequent years till the expiry of the normal or extended period of the existing settlement the assessment shall be made at the rate that may be determined by the State Government under clause (c) of Section 3.

The grantees shall within a reasonable time to be fixed by the officer appointed to assess revenue get their grant surveyed and boundaries demarcated by an approved surveyor and shall submit a true and correct return of their assessable area together with a map of each grant prepared by an approved surveyor.

Note.- The State Government have determined the rates under clause (c) of Section 3 for the year 1950-51 and for the subsequent years till the expiry of the normal or extended period of existing settlement, vide Notification Nos. RT.4/50/5

S.5 Appeal.-

5. Appeal.- The memorandum of appeal under Section 8, shall be accompanied by a certified copy of the order appealed against and by the fee prescribed in Rule 6. The memorandum of appeal shall contain among other particulars, the following:-

(i) the date of order appealed against;

(ii) the name and the designation of the officer who passed the order, and

(iii) the grounds of appeal briefly but clearly set out.

S.6 Fees:

6. Fees:- The following fees shall be payable:-

In case of petition of appeal against the order of the officer appointed under Section 6 of the Act ............ Rs. 10.

The fees shall be payable in Court Fee Stamps.

S.7 Mode of Service of notice:

7. Mode of Service of notice:- Except where otherwise directed by the Act or by these rules the provisions of the Civil Procedure Code and of enactments amending the same shall apply to the issue, service and return of processes on parties and witnesses in all cases or enquiries before an officer appointed under the Act.

S.8 Fees on judicial processes:-

8. Fees on judicial processes:- Fees on processes which are issued by the officer appointed under the Act shall be charged for in accordance with the rules framed by the High Court of Judicature at Fort William in Bengal* under clause (i), Section 20, of the Court Fees Act VII of 1870 and confirmed by the State Government.

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*. Under the authority of the Assam High Court Order, 1948 the rule framed by the Calcutta High Court under Clause (i) Section 20, of the Court Fees Act are still being followed by the Assam High Court.

S.9 Fees on executive processes:-

9. Fees on executive processes:- Fees chargeable on executive processes shall be according to the rule 188 of the Procedure and Processes Rules in Chapter VII of the Rules under the Assam Land and Revenue Regulation, 1886.

S.10 Revision of assessment:-

1[10. Revision of assessment:- In any case in which it is found that the assessment already made was in excess of or less than what it should have been, such assessment may be revised by the Officer appointed under Section 6(a) of the Act-but no such revision shall be made unless the Officer is fully satisfied after due enquiry that there was a mistake in the assessment.]

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1. Inserted vide Government Notification No. RT.3/48 (Part), dated 13.12.1950.

Pre. Preamble:

(Assam Act No. XXV of 1948)

Preamble: - Whereas it is expedient to provide for the requisition and speedy acquisition of premises and land for certain purposes.

It is hereby enacted as follows: –

S.1 Short title, extent and commencement.-

1. Short title, extent and commencement.- (1) This Act may be called the Assam Land (Requisition and Acquisition) Act, 1948.

(2) It shall come into force on such date1 as the [State]* Government may, by notification in the official Gazette, appoint in this behalf, and shall remain in force for [twenty years]2 [***]3.

(3) It shall extend4 to such areas in Assam as the [State]* Government may, from time to time, by notification in the official Gazette direct.

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1. 26th November 1948 vide Noti. No. RRQ. 25/48/58-A. dated 26th November 1948.

2. Amended by the Assam Land (Requisition and Acquisition) (Amendment) Act, 1949 (Act XVI of 1949), and the Assam Land (Requisition and Acquisition) (Amendment) Act, 1953 to read as above for the original words "one year from the date of its enforcement", and again substituted for the words "Ten

S.2 Definitions.-

2. Definitions.- In this Act unless there is anything repugnant In the subject or context, –

(a) "Collector", "land" and "person interested" have the same meanings as in the Land Acquisition Act, 1894;

Explanation:- Land for the purpose of this Act includes trees, buildings and standing crops on it, and easement;

(b) "Court" means a principal Civil Court of original jurisdiction, and includes the Court of any Additional Judge, Subordinate Judge or Munsif whom the [State Government may appoint, by name or by virtue of his office, to perform, concurrently with any such principal Civil Court, all or any of the functions of the Court under this Act within any specified local limits and, in the case of Munsif, up to the limits of the pecuniary jurisdiction with which he is vested under Section 19 of Bengal, Agra and Assam Civil Courts Act, 1887 (Act XII of 1887); and

(c) "O

S.3 Power to requisition.-

3. Power to requisition.-(1) If in the opinion of the [State]* Government or any person authorised in this behalf by the [State Government it is necessary so to do for maintaining supplies and services essential to the life of the community or for providing proper facilities for accommodation, transport, communication, irrigation, flood control and anti-erosion measures including embankment or drainage or for providing land individually or in groups to landless, flood-affected or displaced persons, or to a society registered under the Indian Co-operative Societies Act, 1912 (Act II of 1912) (with such statutory re-enacted or modification thereof as shall from time to time be made) or a company incorporated under the Indian Companies Act, 1913, formed for benefit and rehabilitation of landless, flood-affected or displaced person the [State]* Government or the person so authorised, as the case may be, may by order in writing, requisition any land and may make su

S.4 Acquisition of land:-

4. Acquisition of land:- (1) Where any land has been requisitioned under Section 3, the [State]* Government may use or deal with it in such manner as may appear to it to be expedient and may acquire such land by publishing in the official Gazette, a notice to the effect that the [State]* Government has decided to acquire such land in pursuance of this Section.

(2) Where a notice as aforesaid is published in the official Gazette, the requisitioned land and premises shall, on and from the beginning of the day on which the notice is so published, vest absolutely in the [State]* Government free from all encumbrances and the period of requisition of such land shall end.

1[(3) On such vesting the State Government shall be empowered to apply to such land any of the provisions of the Land Acquisition Act, 1894 (Act I of 1894), with the rules framed thereunder.]

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5. Notice to persons interested.- (1) After the publication of a notice under sub-section (1) of Section 4, the Collector shall cause public notice· to be given at convenient places or near the land to be taken, stating that the [State]* Government has acquired the land, and that claims to compensation for all interests in such land may be made to him.

(2) Such notice shall state the particulars of the land so acquired, and shall require all persons interested in the land to appear personally or by duly authorised agent before the Collector at a time and place therein mentioned (such time not being earlier than fifteen days after the date of publication of the notice), and to state the nature of their respective interests in the land and the amount and particulars of their claim to compensation for such interests. The Collector may in any case require such statement to be made in writing and signed by the party or his agent.

S.6 Release from requisition:-

6. Release from requisition:- (1) Where any land requisitioned under Section 3 is not acquired and is to be released from requisition, it will revert to the owner and the Collector will deliver the possession of the land to such owner or interested person who was recognised under Section 7(3).

(2) The delivery of possession of such land to the person specified in the order made under sub-section (1) shall be a full discharge of any liability of the [State]* Government to deliver possession to such person as may have rightful claim to possession thereof but shall not prejudice any right in respect of such land which any other person may be entitled by due process of law to enforce against the person to whom possession of the land is so delivered.

(3) Where the person to whom the possession of any land requisitioned under Section 3 is to be delivered cannot be found or is not readily traceable or has no agent or othe

S.7 Compensation.-

7. Compensation.- (1) [Subject to the provisions of sub-section (1-A)]1 wherever any land is acquired under Section 4 there shall be paid compensation the amount of which shall be determined by the Collector in the manner and in accordance with the principles set out in sub-section (1) of Section 23 of the Land Acquisition Act, 1894 (Act I of 1894) :

Provided that the market value referred to in clause first of sub-section (1) of Section 23 of the said Act shall, in respect of any land required under this Act be deemed to be the market value of such land on the date of publication of the notice referred to in sub-section (1) of Section 4 :

[Omitted Second proviso by the Assam Act No. XXXIII of 1953.]

2[(1A).- In the case of land included in any grant or settlement made for special cultivation, if such land is lying fallow or uncultivated or is not utilised for the purpose for which the gran

S.8 Reference to Court.-

8. Reference to Court.- (1) The Collector shall in every case –

(a) where any person aggrieved by an award made under sub-section (2) of Section 7 makes an application requiring the matter to be referred to the Court; or

(b) where there is any disagreement with regard to the compensation payable under sub-section (3) of Section 7 1[on the application of the person entitled to compensation requiring the matter to be referred to Court,] refer the matter to the decision of the Court.

(2) The provisions of the Land Acquisition Act, 1894 (Act 1 of 1894), shall mutatis mutandis apply in respect of any reference made to the Court under sub-section (1).

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1. Substituted by Assam Act No. XXXIII of 1953 for the words "between the collector and the person to whom possession of any land is delivered under Section 6"

S.9 Power to enter upon land, etc:-

9. Power to enter upon land, etc:- The [State]* Government may, with a view to requisitioning any land or for the purpose of determination by the Collector of the amount of compensation payable under this Act, by order-

(a) require any person to furnish to such authority as may be specified in the order such information in his possession relating to the property as may be specified;

(b) direct that the owner or occupier of the land shall not dispose of it or alter it without permission from the Government till the expiry of such period as may be specified in the order;

(c) authorise any person to perform in respect of any land all or any of the functions referred to in sub-section (2) of Section 4 of the Land Acquisition Act, 1894 (Act I of 1894).

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*Substituted by the A.O., 1950 of "Provincial".

S.10 Penalty:-

10. Penalty:- If any person contravenes any order made under this Act he shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to two thousand rupees or with both.

S.11 Saving.-

11. Saving.- Save as otherwise expressly provided in this Act, no decision or order made in exercise of any power conferred by or under this Act shall be called in question in any Court.

S.12 Protection of action taken under this Act.-

12. Protection of action taken under this Act.- (1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any order made thereunder.

(2) Save as otherwise expressly provided in this Act no suit or other legal proceeding shall lie against the *[State] Government for any damage caused or likely to be caused by anything in good faith done or intended to be done in pursuance of this Act or any order made thereunder.

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*Substituted by the A.O., 1950 for "Provincial"

S.13 Power to make rules:-

13. Power to make rules:-(1) The *[State] Government may make rules1 for carrying out the purpose of this Act.

(2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-

(a) the manner of service of orders on the owner or occupier of land referred to in sub-section (2) of Section 3; and

(b) the manner of service of notice on the persons referred to in sub-section (3) of Section 5;

2[(C) the manner and the conditions and terms on which land will be settled or disposed of by Government;]

3[(d) the manner of disposal of any structure or tree standing on the land.]

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*Substituted by the A.O., 1950 for "Provincial"

1. For Rules See Notification No. RRQ 44/50/36, dated 28

S.14 1[14. Recovery of money payable to Government.-

1[14. Recovery of money payable to Government.- Any money payable to Government under this Act shall be recoverable as arrears of land revenue.]

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1. Inserted by Assam Act No. XXXIV of 1950.

S.3(a) Power to take possession of requisitioned land

1[3A. Power to take possession of requisitioned land:- (1) Where any land has been requisitioned under Section 3, the State Government or the person authorised in this behalf by the State Government may, by order in writing, direct the owner, the tenant, as well as any other person who may be in possession of the land whether at the time of requisition or at any time thereafter before the land is released from requisition under Section 6, to surrender or deliver possession thereof to the Collector or any other person duly authorised by him in his behalf within such days of the service of the order as may be specified therein.

(2) If any person refuses or fails to comply with an order made under sub-section (1), the State Government or the person authorised in this behalf, in addition to any other provisions in the Act, may take possession of the land and may, for that purpose, use such force as may be necessary.

(3

S.3(b) Repair to buildings

1[3B. Repair to buildings:-Where any land with building standing thereon is requisitioned under Section 3, the State Government or the person authorised in this behalf by the State Government may order the owner to execute such repairs as may be necessary and are usually made by landlords of that locality and as may be specified in the notice issued in this behalf within such reasonable time as may be mentioned therein and if the owner fails to execute any repairs in pursuance of such order, the State 'Government or the person authorised in this behalf by the State Government may cause the repairs specified in the order to be executed at the expense of the owner and the cost thereof may, without prejudice to any other mode of recovery, be deducted from the compensation payable to the owner in such proportion and over such period as may be prescribed :

Provided that where an order is made by an authority other than the State Government,