Assam Land Revenue Re-Assessment Act, 1936
No: 8 Dated: Jan, 01 1936
Amendment:- Assam Land Revenue Re-assessment (Amendment) Act, 1957
Assam Land Revenue Re-assessment (Amendment) Act, 1990
Assam Land Revenue Re-Assessment Act, 1936
(Assam Act VIII of 1936)
An Act to regulate re-assessment of Land Revenue in Assam
Whereas it is expedient that the process of revising the assessment of the land revenue in Assam should be brought under closer regulation by statute :
It is hereby enacted as follows: -
CHAPTER I
Preliminary
1. Short title. - (1) This Act may be called the Assam Land Revenue Re-assessment Act, 1936.
(2) It extends to those areas in the Extent [State]of Assam in which section 29 of the Assam Land and Revenue Regulation, 1886 (hereinafter referred to as the Regulation) is, or may be, in force and in such areas the provisions of the Regulation shall be subject to the provisions of this Act.
(3) It shall come into force at once :
Provided that anything which had already been done under the Regulation (or the rules made under the Regulation), but for the doing of which this Act prescribed new conditions or a new procedure, shall be deemed to have been done in accordance with the provisions of this Act.
2. Definitions. - In this Act, unless a different intention appears from the subject or context, -
(i) the terms defined in the Regulation and not defined in this Act, shall have the same meanings as in the Regulation.
(ii) "Village" means, subject to any general or special orders of the [State] Government, the Area surveyed and recorded in any survey made by or under the authority of the Government as a distinct and separate village;
(iii) "Established Village" means a village where in the opinion of the [State] Government;
(a) the cultivated fields and homesteads are permanent, and
(b) the area of waste land, settled and assessed as waste or available for settlement is inconsiderable.
(iv) "Immature Village" means a village which is not an established village.
(v) "Assessment Group" means a group of villages or estates which are included by the Settlement Officer, subject to rule, in one set of proposals for assessment;
(vi) "Prescribed" means prescribed by rules under this Act;
(vii) "Rule" means a rule made under this Act;
(viii) "Settlement" with reference to any local area or class of estates means a special operation carried out in pursuance of a notification under section 18 of the Regulation for the revision of the land revenue demand of that local area or class of estates;
(ix) "Major Settlement" means a settlement of any local area or class of estates extending over not less than 20 square miles;
(x) "Last Settlement" with reference to any local area or class of estates means the last general revision of the land revenue demand of that area or class of estates whether carried out in pursuance of a notification under section 18 of the Regulation or not;
[(xi) "Town Land" means any land within an area declared or deemed to he a municipality or notified area under the Assam Municipal Act, 1923 (Assam Act I of 1923) and any other land which the 1State Government may declare under the Assam land and Revenue Regulation. 1886 (Regulation I of 1886) or under provisions of this Act, to he town land;]
(xii) "Special Cultivation" means cultivation which involves either owing to the nature of the crop or owing to the process of cultivation a much larger expenditure of capital per acre than is incurred by most of the cultivators in the [State].
3. Declaration of any specified area as town land. - (1) The State Government may at any time by notification, signify its intention to declare any specified area which is not already town land to he town land for the purpose of this Act.
(2) A copy of the notification under sub-section (1) shall be published in such place s within the area concerned and elsewhere as the [State] Government may by general or special order direct.
(3) Any person affected by the proposed declaration may, within six weeks from the date of publication of the notification, submit any objection in writing to the [State] Government through the Deputy Commissioner and the [State] Government shall take this objection into consideration.
(4) After considering all the objection received under sub-section (3), the State Government may, by notification, declare the area or any part thereof to be town land for the purpose of this Act.
4. Bar to application of Act to certain land. - Nothing in this Act shall apply to the settlement of land over which no person has the right of a proprietor or settlement-holder.
5. Issue of notification major and town land settlement. - Notwithstanding anything, contained in section 18 of the Regulations the notification mentioned therein shall be issued in the case of every major settlement and of every settlement of town land not included in a major settlement.
6. Forecast report. - (1) Before issuing any notification of settlement under section 18 of the regulation for any local area or class of estates, the State Government shall require from an officer appointed for the purpose a forecast report. The report shall explain the main factors justifying a revision of the assessment and shall indicate the probable financial results of estates, as a whole, and also, as far the settlement as can be foreseen, of each part of local area thereof which is distinct in character or class of The report shall be published in the Gazette at least three months before the issue of the notification of settlement and along with the report there shall be published a notice specifying a date on or after which it is proposed to issue the notification and the State Government shall consider any objection or suggestion with respect go the proposed notification that may be received before the date so specified from any person likely to be affected thereby.
(2) If the local area to be settled is not less than a subdivision of a district or if the class of estates to be settled extends over more than one subdivision, the officer appointed for the preparation of the forecast report shall be an officer not below the rank of Extra Assistant Commissioner and he shall be relieved of all other duties for such period as the State Government may judge to be necessary for the proper preparation of the report.