ASSAM ASSESSMENT OF REVENUE FREE WASTE LAND GRANTS RULES, 1949

R.1 Preliminary.-

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

R.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;

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

R.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

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

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[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 s

R.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

R.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.

R.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.

R.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

R.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.

R.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

Preliminary Preamble:

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(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

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 includ

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 C

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 begin

S.5 Notice to persons interested.

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

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

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 requir

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

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

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

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

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

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 th