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ASSAM LAND AND REVENUE REGULATION, 1886

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  • CHAPTER – I : PRELIMINARY
  • (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;
  • (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 Govt on an estate and include any tax assessed in lieu of land revenue.
  • (f) “Proprietor” means the owner of any estate permanently settled or entered on DC’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;
  • "Permanent settlement" means the permanent settlement of Bengal and portions of Assam made in or about the year 1873 and hereinafter referred to as "the permanent settlement"

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  • (h) “Settlement-holder” means any person, other than a proprietor, who has entered into an engagement with the Govt to pay land revenue and includes a land-holder;
  • (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 Govt 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 Commissioner.
  • (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.

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  • CHAPTER – II : RIGHTS OVER LAND
  • 6. Right which may be acquired over land .
  • (a) Rights of proprietors, land holders and settlement-holders other than landholders, under 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
  • (d) Rights acquired by any person as tenant under the Rent Law for the time being in force:
  • 7. Rights of proprietor . The same rights and privileges in respect of lands included in their estates as they have at the commencement of this Regulation.
  • Proprietor means the owner of any estate permanently settled or entered on the Deputy Commissioner’s register of revenue free estates;

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  • CHAPTER – II : RIGHTS OVER LAND
  • 8. Status of land-holders how acquired . Any person who has, 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. At present the tenure is thirty years.

9. Rights of landholders . A land-holder shall have a permanent, heritable and transferable right of use and occupancy in his land,

10. Forfeiture of landholders rights on relinquishment/Istafa .

UR 24. If any settlement holder wishes to relinquish the whole of his estate, or any entire fields (dags) within his estate he shall, after paying all the land revenue due from him in respect of the estate or fields proposed to be relinquished, tender a written petition to the Deputy Commissioner or other officer empowered in this behalf. The latest date for filing such petition shall be the 15 th February

11. Rights of settlement holder other then landholder ie Annual Patta holder who have no permanent and transferable right and right of use and occupancy in his land for one year and have heritable right for the remaining part of the year .

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  • CHAPTER – II : RIGHTS OVER LAND

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

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

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

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

  • 16. Rights in fishery. The Deputy Commissioner, with the previous sanction of the by 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

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  • CHAPTER – III : SETTLEMENT AND RESUMPTION
  • 17. Settlement operations may consist of one or more of the following:—
  • (a) Survey and demarcation;
  • (b) Assessment of land revenue of land;
  • (c) Records of rights.
  • 18. General notification of settlement . Govt may by notification shall —
  • (a) Define the local area or class of estates to be settled, and
  • (b) Specify the settlement operations to be carried out.
  • 20. Power of State Government to exclude any local area, etc. from the operation of any portion of this chapter .
  • 21. Power to call for information and assistance.
  • 22. Power to require erection and maintenance of boundary marks.
  • 23. Procedure in case of boundary disputes. (a) If between Propreitors ....(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.
  • 24. Power of Survey officer in certain cases to cause marks to be erected. 25. Penalty for removing boundary-marks.
  • 26. Obligation to give notice of injury to boundary-marks.
  • 27. Power State Government to make rules

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28. All land shall be deemed liable to be assessed to revenue, except... La-khiraj, Nisf-khiraj ..

29. Settlement rules ..

30. Framing and submission of general proposals of assessment .

31. Assessment and de ration thereof persons concerned.

32. To whom settlement is to be offered.

33. Acceptance or refusal of settlement.

34. Effect of acceptance of settlement.

35. Effect of refusal of settlement.

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

37. Settlement officer when to apportion assessment over land.

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

39. Effect of decision of Settlement-officer as to Settlement. Subject to US 151 of this Regulation the order of SO for settlement to be offered, shall be final.

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PART D RECORD – OF RIGHTS

  • 40. The settlement officer shall frame for each estate a record-of-rights in the prescribed manner. 41. (1) Entries in the record made under section 40 shall be founded on the basis of actual possession. 42. Determination of class of tenants and the rent payable by them.
  • 43. Inquiry by Deputy Commissioners regarding land liable to resumption.
  • 46. Suit in Civil Court to set aside Government’s order directing resumption otherwise final.

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PREPARATION AND MAINTENANCE OF REGISTERS

  • 48. (1) The DC 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 Govt 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 may also be prepared and kept by means of Computer.
  • (4) Registers may also be kept in Computer floppies or diskettes or in any Electronic form .
  • (5) Registers in Electronic form have the same validity as those prepared manually .
  • (6) Copies of records as in sub section (1) may also be kept in SDO(C) & CO Office where land record maintain in electronic form.

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CHAPTER IV : REGISTRATION(Mutation)

  • 50. Liability of persons succeeding to estates to give in formation of succession:
  • (1)Every proprietor or land-holder succeeding to any estate, within six months from the date of taking possession or assumption of charge, apply for Registration( Office Mutation) to CO .
  • (2) CO should get information from the Registering Officer now a days through E-Panjian . (3) It is the duty of the mandal or patwari to bring to notice all changes.
  • 51. Existing proprietor, etc., may apply for registration.
  • 52. Procedure on application for registration: (1) On receiving an application US 50 or 51, the CO shall if he considers there are sufficient grounds for proceeding with the application, publish a notice requiring persons who object to the registration of the name of applicant, or who dispute the nature or extent 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 ny person, a copy of the notice shall be served on the alleged transfer or, if he is dead, upon his heirs.

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53. Inquiry by Circle Officer

  • 53. On the day fixed in the notice issued under section 52, or as soon thereafter as possible the CO shall consider any objections which may be advanced, and, after such further inquiry by (LM/SK) (ifany) 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 registration(Allow Mutation).

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Power to CO to direct registration on information received otherwise than through application�

  • 53.A (1) If CO has received information, otherwise than through an application, of any such taking of possession or assumption of charge US 50; he may make an order directing the registration(MUTATION) of the name of the person. Provided that —(a) The information has been verified by local inquiry made by LM/SK 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) 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 he date of such order) apply to the CO to have such order set aside and on receipt of such application the CO shall cancel the registration and then proceed to published the notice and hold the inquiry prescribed by section 52 and 53 as if an application for registration had been received from the person whose name had been registered(MUTATED).
  • (3) Partition cases must be kept entirely distinct from mutation proceeding and an order granting separate pattas must never be issued in connection with an application for registration of names.
  • (4) The payment of land revenue in respect of the interest to be registered should not be made a condition precedent to registration.

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Registration of tenures in permanently settled estate

  • 55. 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 DC to have the tenure registered.
  • Procedure on application for registration under section 55
  • 56. (1) On receiving an application US 55 the DC shall serve a notice on the recorded proprietors of the estate in which the tenure is situated, and shall also published a general notice requiring the proprietors or any person interested, who object to 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, they DC shall register the tenure.
  • (3) If objection is made by any recorded proprietor, DC 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 Civil Court

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  • 57. On any registry under this Chapter, fees may be levied from the person in whose favour the registration is made at the prescribed rates.
  • Penalty for non-registration
  • 58. (1) If any person, being required by section 50 to apply for registration, voluntarily on negligently-omit to do so within the time specified in that section he shall be liable to a fine, to be imposed by the DC which may extend to five time the amount of fee which would be payable under Section 57 for registration, and to such further daily fine as the DC 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 DC 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.

UR 125. No fine shall be imposed under that section on any person who shall, at any time after the expiration of the time fixed for registration by section 50, of his own motion

  • 60. Public entitled to inspect and to apply for extracts from registers.

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CHAPTER – V

ARREARS AND MODE OF RECOVERING THEM

LIABILITY FOR REVENUE AND DEFAULT

  • 66. 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.
  • Arrear’ and ‘defaulter’ defined
  • 67. Land-revenue not paid on the date when it falls due(March) shall be deemed to be an arrear, and every person liable for it shall be deemed to be a defaulter.
  • NOTICE OF DEMAND
  • Penalty leviable on arrears and notice of demand
  • 68. (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:

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  • Attachment and sale of moveables
  • 69. (1) The DC 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.
  • Attachment of estate, application of profits and duration of attachment .
  • 69A. (1) If arrear has accrued in respect of a temporarily-settled estate, the DC ,with the previous sanction of the Commissioner, may attach the estate, and may take it under his own mangmnt or let it in farm.
  • 70. SALE OF DEFAULTING ESTATE: When an arrear has accrued 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 DC may sell the estate by auction: if DC is of opinion that the process provided for in section 69 is not sufficient for the recovery of the arrear;
  • 72. Notice of sale: DC 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 particulars which he may think necessary.
  • 73. Proclamation to tenants of defaulter .
  • Sale by whom and when to be made
  • 74. (1) Every sale shall be made either by the DC in person or by an officer specially empowered.

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  • 75. 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.
  • 76. Right of coproprietors to purchase share or land sold on separate account.
  • 77. The person declared to be the purchaser at an auction-sale under the foregoing sections shall be required to deposit immediately 25% and balance money shall be paid by the purchaser before sunset of the fifteenth day as US 78.
  • 78(A) (1)Where an estate has been sold under Section 70 or 76 any person may apply [(Substituted by the Assam Land and Revenue at or before noon on the sixtieth day from the date of sale, to have the sale set aside on depositing in the DC Court.
  • 79. Application to set aside sale on ground of mistake or irregularity.
  • 80. (1) A sale on which the purchase-money has been paid as directed in section 78, and against which no application US 78A or] 79 has been preferred, shall subject to the provision of sections 81 and 82, be final at non or the sixtieth day.

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  • 82. (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.
  • 84. Re-payment of purchase money when sale is set aside.
  • 85. On sale becoming final purchaser to be put in possession and shall grant him a certificate.
  • 87. The sale shall be applied—(1) defraying the expenses of the sale;(2)payment of the arrear due; (3)payment of any other arrear due by the same defaulter. (?) surplus, if any, shall be paid to the person whose property has been sold. ANNULMENT OF SETTLEMENT
  • 90. If process US 69 is not sufficient for the recovery of the arrear DC may, by proclamation publish in the prescribed manner, annul, the existing settlement of the estate and relinquish the claim of Govt to the arrear.
  • (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 DC shall not unless the Govt otherwise, by rule direct, annul the settlement without the sanction of the Govt.
  • Note (6) (i) No land, the settlement of which has been annulled on account of arrears will be resettled with the defaulter or with any member of a joint family to which the defaulter belongs, without the special sanction of the Deputy Commissioner or Subdivisional Officer. Such sanction will not be given unless and until the arrears on account of which the settlement has been annulled have been first paid with all costs of proceedings taken for their realisation.
  • 91. SALE OF IMMOVEABLE PROPERTY OTHER THAN THE DLFAULTING ESTATE (BPDR Act etc).

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CHAPTER VI : PARTITION AND UNION OF REVENUE PAYING ESTATES�

  • “Perfect partition” and “imperfect partition”
  • 96. 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.
  • 97. (1) Recorded proprietor and recorded land holder 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 . If revenue is less than five rupees it will not be Perfect partition .
  • 99. (1) DC, shall, if the application is in order and not open to objection on the face of it, publish a proclamation at his office; and shall serve a notice on all such of the recorded proprietors or land holders, 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 30 or more than 60 days.

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  • 100. (1)If an objection preferred as required under section 99 raises any question of title, DC 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 DC shall make an order requiring the objector, or (?) the applicant, to institute such a suit within the time fixed, and, in failing, DC may in his discretion, disallow the objection, or dismiss the application, as the case may be.
  • (3) DC shall with reference to the objection, be guided by the orders passed by the Civil Court in the suit.
  • 101. 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;

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Proceedings of DC after objections have been disposed of

  • 102.If period specified US 99 expired, and the objections have been disposed of by the DC or by the Civil Court as the case may be, DC shall, if no such objection has been allowed, proceed to make the partition: Provided that the DC 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.
  • UR 173.As soon as possible after the issue of an order under section 102 directing the partition to be made, the Revenue Officer authorised to make partition will prepare an estimate of cost and submit it of the Deputy Commissioner for approval.
  • Mode of partition
  • 103. The DC 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.
  • Power to enter on land for purpose of partition
  • 104. In making partitions the DC 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.
  • 105. 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.
  • 106. (1) If some of the lands are held in common, DC shall make such division as may secure to applicant his fair portion of the common lands.

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  • 108. In making the partition US 105 or 106, DC 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.
  • 115. If at any stage of the proceedings there appears to be any reason for stopping the partition, the DC may, of his own motion, stay the partition and order the proceedings to be quashed.
  • 116. On completion of a partition DC 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.
  • 116A. After partition takes effect DC 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.
  • 119. Imperfect partition shall be carried on according to the provisions of the preceding section so far as they are applicable.

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CHAPTER VII: POWERS OF OFFICERS

  • 123. Every Commissioner of a Division, Deputy Commissioner, Assistant Commissioner and Extra Assistant Commissioner shall be a Revenue-officer for the purposes of this Regulation.
  • 124. Govt 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.
  • The following officers have been appointed to be Revenue-officers in addition to the officers mentioned in section 123:(1) Tahsildar including Naib Tahsildars (2) Sub-Deputy Collectors(Circle Officer) (3) Mouzadar in the Assam Valley (4) Revenue Nazirs including Naib Nazirs.
  • 125. (2) An Assistant Commissioner or Extra Assistant Commissioner in charge of a subdivision shall be called the Sub Divisional Officer.

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Powers of Sub Divisional Officers�

  • 126. (1) SDO 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 alluvion or by dereliction of a river, and loss by diluvion US 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,
  • (e) Subject to the confirmation of the DC, power to receive applications and to do all that is necessary for effecting partition and union of estates under Chapter VI.
  • (2) The Govt may confer on SDO all or any of other powers of a DC under the Regulation.

Note – All SDO in the plains districts of Assam have been vested ex-officio with the

  • following powers in addition to those conferred on them by the Regulation :—
  • (i) Power to find for omission to give notice of injury to boundary marks (section 26)
  • (ii) Power conferred by section 65 in respect of the opening of separate accounts.
  • (iii) Powers conferred by Section 70,72,73,74,75 and 85 for sale of defaulting estates.
  • (iv) Power to proceed against immoveable property for arrears of revenue [Section 91(1)]
  • (v) To proceed against defaulting Rev-Officers and their sureties (Section 145 and 146).
  • (vi) All sub-divisional Officers in the plains districts of Assam have been voted with powers to received and dispose of applications under Section 78A.

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  • Power to invest to AC/EAC not in charge of subdivision
  • 127. Govt may confer upon AC and EAC not in-charge of subdivisions of districts all or any of the powers conferred on SDO in such cases as the DC of the district may, from time to time, refer to them for disposal.
  • Subordination of Revenue-Officers
  • 128. (1) All Revenue-Officers in a district shall be subordinate to the DC, and shall exercise all powers conferred subject to his control.
  • (2) Subject to the general control of the DC all Revenue-Officers, other than the SDO , in a Subdivision, unless Govt otherwise direct, be subordinate to the SDO , and shall exercise all powers conferred on them by or under this Regulation subject to his control.
  • (3) Subject to the general control of Govt, 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 Govt, all Revenue-Officers shall be subordinate to the Board (ABR)and shall exercise all the powers conferred on them by or under this Regulation subject to its control.

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  • 129. Power to distribute work: DC or SDO 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.
  • Power of superior revenue authorities to withdraw and transfer cases
  • 130. The Board or a DC or SDO may withdraw any case pending before any Revenue Officer subordinate to, it of him and other 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.
  • Powers of officers transferred to another district
  • 131. 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 subdivision, he shall, unless Govt otherwise direct, be held to be invested with the same powers in the district or subdivision to which he is so transferred.

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133.Appointment of SO and ASO .

  • 134. Appointment of Survey officer and and all Asst Survey-officers
  • 135. Powers of SO: A SO 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 DC; 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
  • 136 . Power of ASO and Asst Survey officers :An ASO and Asst Survey officer shall have all the powers conferred by this Regulation on a SO and Survey-officer respectively, subject to such restrictions as the SO may form time to time, impose: Provided that no ASO shall, unless specially empowered by Govt, have power —
  • (a) To frame proposals for assessment under section 30;
  • (b)To exclude persons US 35 and 36 for refusal to accept settlement.
  • (c) To assess land which Govt has US 45, sub-section (2) declared liable to assessment.

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  • CHAPTER VIII : PROCEDURE
  • 140.(a) Place for holding Court:Board may hold Court at any place within State of Assam’
  • (b) A DC, SDO or AC ; SO, ASO, Survey-officer and Asst Survey-officer may hold his Court at any place within the limits of the district or subdivision to which he is appointed.
  • 141. Power to summon persons to give evidence, etc.
  • 142. Power to fine person summoned for non-attendant etc.
  • 143. Power to refer disputes to arbitration.
  • 144. Recovery of fines and costs: All fees, rents, fines, costs, and other money payable under this Regulation/rules shall be recoverable as an arrear or land revenue.
  • Recovery of rents, fees royalties and moneys due to Govt .
  • 144-A. All rents, fees, and royalties due to Govt for the use or occupation of land or water (whether Govt or not) or on account of any products there of and all moneys falling due to Govt under any grant, lease security bond, or contract which provides that they shall be so recoverable, may be recovered as an arrear of land-revenue.

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  • 147. Appeals shall lie under this Regulation as follows:—
  • (a)To Board from orders, original or appellate passed by a DC or SO
  • (b) To DC, from orders passed by a SDO, an AC or CO .
  • (c) To SO, from orders passed by an ASO ;
  • (d)To a Survey Officer, from orders passed by an Asst Survey Officer:
  • Provided that no appeal shall lie against the following orders:—
  • (i) Orders of an ASO or Asst Survey Officer US 21 and 22;
  • (ii) Orders of a Survey Officer or Settlement Officer; (1) US 21, 22, and 24; (2) Apportioning the expense of erecting and repairing boundary-marks in accordance with rules made US 27;
  • (iii) Orders of a Survey Officer, SO or DC , original or appellate imposing or confirming a fine not exceeding fifty rupees;
  • (iv)Orders of DC US 79 setting aside or refusing to set aside the sale;
  • (v) Decision in accordance with an award of arbitrators appointed under section 143, except in the case of fraud or collusion;
  • (vi) Orders US 148, admitting an appeal after period of limitation.
  • (vii) Orders by Regulation to be final subject to section 151.

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  • 148. Limitation of appeal: (1)
  • (a) No appeal US 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, clause (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 requisite for obtaining a copy of such order, shall be excluded.
  • (3) An appeal may be admitted after the period of limitation prescribed thereof by this section whom the appellant satisfies the [Board] or officer to whom he appeals that he had sufficient cause for not presenting the appeal within that period.
  • Power to call for proceedings of subordinate officers
  • 151. The Board, a DC , a SO 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.

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  • CHAPTER IX: MISCELLANEOUS
  • Matters exempted from cognisance of Civil Court
  • 154. (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;

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  • Matters exempted from cognisance of Civil Court
  • (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 US 13 or 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 arbritiators;
  • (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 there from; and
  • (m) Any matter respecting 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, landholder or Settlement holder and the disposal of any crop raised, or any building or other construction erected without authority on such land.

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PROTECTION OF BACKWARD CLASSES: CHAPTER X �

  • Protection of certain classes
  • 160. (1) Govt may adopt such measures as it deems fit for the protection of these 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 Govt may, by notification in the Official Gazette, specify the classes of people whom it considers entitled to protection by such measures as aforesaid.
  • Constitution of compact areas
  • 161. 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.

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  • Disposal of land for the purposes of cultivation
  • 163. (1) The disposal of land in areas for ordinary cultivation or ancillary purposes, shall be in accordance with such policy and procedure as may be adopted and directed by Govt,
  • [(2) In adopting and directing such policy or procedure, Govt shall take into consideration:
  • (a) First, the bonafide needs of persons belonging to the classes notified US 160(2) who are permanently residing in such area from before its constitution US 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;
  • (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 US 160(2), who are living elsewhere in the State] .
  • (3) No settlement with the persons belonging to the classes of people mentioned US 163(2)(c) shall be made except with the previous approval of Govt.

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  • Right of settlement holder and land holder
  • 164. (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.
  • Bar of Acquisition in a belt or block
  • (2) A land-holder shall have a right of use and occupancy in the land-holder by him subject to any restrictions or modifications prescribed in rules made under this Chapter, and to the provisions of section 9.
  • No land-holder shall transfer his land in a belt or block to:—
  • (a) Any person not belonging to a class of people notified US 160, or
  • (b) To any person who is not a permanent resident in that belt or block;
  • No 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 US 160 except with permission of the DC :
  • Granting such permission DC shall have due regard to the interests of persons notified US 160.
  • 164. (A) No person to whom any land is transferred in a belt or block in contravention of the provisions of this Chapter, shall acquire any right or title in that land by length of possession whether adverse or not.
  • 164(B) . If any transfer take place in contravention , transferor and transferee shall be punished shall be punished with simple imprisonment for a term of 6 months or with fine of Rs.1000/- or both .

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Ejectment and eviction�

  • 165. (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 there of, 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.

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Ejectment and eviction�

  • 165. (3) (a) In the case of periodically settled land, persons who have entered into occupation without valied authority from the landholder, 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 DC 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 landholder 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 rights and status of a landholder in respect of the land. If satisfied with be deemed to govern the landholders future, rights and status in respect of the land, and the land shall then be restored to the landholder, If the landholder subsequently contravenes the under taking 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 afresh subject to any lawful encumbrances subsisting upon it,

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  • CHAPTER XI : PROTECTION OF LAND RELIGIOUS INSTITUTIONS

  • 172. Govt may adopt measures as dim it fit for protection of land belongs to Religious Institutions which have been in existence since one hundred years .
  • 173. No person who entered into possession unauthorizedly on land belongs to or held by any Religious Institutions, shall acquire any right or tittle in the land on the strength of his length of possession over the said land whether adverse or not .
  • 174. DC or SDO , shall be competent to carry out ejectment of unauthorized occupants from the land belongs to or held by any Religious Institutions:
  • (a) Any person who has entered into possession unauthorizedly of land allotted to or reserve in favour of the Religious Institutions such unauthorized person shall be ejected forthwith by DC or SDO on receipt of application from Religious Institutions.
  • (b) Unauthorized occupation by any person on any settled land of Religious Institutions , it may apply to DC or SDO for ejectment of such unauthorized person .

Ejectment of such unauthorized person should be done by serving a notice to vacate the land within one month .

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RULES UNDER THE LAND AND REVENUE REGULATION

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RULES UNDER THE LAND AND REVENUE REGULATION

SETTLEMENT RULES

1. (1) All powers of the DC under these rules shall be exercised subject to any general or special order issued from time to time by Govt.

1. (2)(a) 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. Ordinary cultivation means cultivation other than special cultivation.

(b) Waste Land means land at the disposal of the Govt, which the Govt has not disposed of by lease, grant or otherwise, and which is not included in a RF , PRF , VGR ,PGR ..

(c) An Annual Lease means a lease granted for one year only and confers no right in the soil beyond a right of user for the year for which it is given. It confers no right of inheritance beyond the year of issue. It confers no right of transfer or of sub-letting and shall be liable to cancellation for any transfer or subletting even during the year of issue;

Provided that Govt may waive their right to cancel an annual lease and may allow its renewal automatically .

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(d) A periodic lease, except in the case of town land, means a lease granted for a period longer than one year, and in the case of town land, a lease for a period longer than three years. Subject to and so far as is consistent with any restrictions, conditions, and limitations contained therein, a periodic lease, the term of which is not less than ten years, conveys to the lessee the rights of a land-holder as defined in the ALRR.

(e) The terminal year of a local area means the year up to which the rates of land-revenue shall, according to the orders passed by Govt at the last settlement of that local area, remain in force.

(f) Settlement in these rules means the leasing of land at the disposal of Govt and includes the operations of survey, classification and report, preliminary to such leasing.

(g) Cost of survey includes cost incurred by DC for the pay of the surveyor and of the establishment.

(h) Timber includes trees when they have fallen or have been felled, and all wood whether cut up or fashioned or hollowed out for any purpose or not.

(i) Tree includes palms, bamboos, stumps, brushwood and canes.

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2. The disposal of waste land required for ordinary or special cultivation or for building purposes will, vest in the DC who will dispose of such land by grant, lease or otherwise.

3. The DC may, by general or special order, delegate to any Revenue Officer within the district all or any of the powers conferred by these rules including the power to receive applications for land provided that —

(i) No officer of lower status than a CO issue a periodic lease or to grant settlement of land, and provided that CO may not exercise such powers if the land in question exceeds 12 bighas or such other area as may be prescribed by Govt by general or special order from time to time.

(ii) Delegation of powers under rules 18(1) and (2) may be made only to a SDO(Now to CO). All orders passed by a subordinate officer under the provisions of this rule shall be subject to revision by DC.

Conversion of annual lease into periodic lease

13. The DC or other officer may convert an AP into a PP in accordance with such instructions as may be issued from time to time by Govt.

13A. Govt may, by general or special order, direct that wherever a periodic lease is granted or an annual lease is converted into periodic, it shall be subject to the payment of premium at such rate as may be fixed by Govt.

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Ejectment�

  • 18. (1) Subject as hereinafter provided, the DC may eject any person from land over which no person has acquired the rights of a proprietor, landholder, or settlement-holder.
  • (2) When such person has entered into possession of land that has previously been reserve roads or roadside land or for the grazing of village cattle or for other public purposes, there is no bona fide claim of right involved he may be ejected or ordered to vacate the land forthwith, and DC may sell, confiscate or destroy any crop raised, or any building or other construction created without authority on the land.

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  • 18. (3) (a) In all other cases ejectment shall be preceded by publication of a notice in the manner prescribed before requiring the occupant generally to vacate the land specified in the notice, within 15 days of the date of publication of the notice on the land concerned or in a prominent place in the vicinity thereof, and to remove any buildings, houses, fences or crops, etc., which may have been raised on such land, provided that DC may give time to any particular occupant to harvest the crops, if any growing on such land. Any buildings, houses, fences, crops, etc., which have not been removed in accordance with such notice shall be confiscated to the Government.
  • (3) (b) The notice referred to in clause (a) of sub-rule (3) above shall be published by affixing a copy thereof in the Notice Board of the office of DC or SDO, as the case may be, and also in the Notice Board of the office of CO within whose jurisdiction the land is situated. A notice shall also be published by affixing a copy thereof on the land concerned or in a prominent place in the vicinity thereof.

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Ejectment�

  • 18. (4) Any person or persons required by notice to vacate under the last preceding sub rule the land which the person or persons occupy, shall comply with the requisition within the time prescribed in the notice, running from the date of its service.
  • (5) Any person or persons intentionally disobeying an order or requisition to vacate under sub-rule (2) or (3) shall be liable to a penalty which may extend to two hundred rupees, and, in case such disobedience is continued to a further penalty which may extend to fifty rupees for each day during which such breach continues.

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Ejectment�

  • 18. (5) (a) Any person who having been once evicted under sub-rule (2) or sub-rule (3) from any land encroaches on any land over which no person has acquired the right of a proprietor, land-holder or settlement holder, shall on conviction before a Magistrate, be liable to imprisonment which may extend to six months or fine which may extend to one thousand rupees or both.
  • (6) Nothing in sub-rule (3) of this rule shall apply to any person who has refused an offer of settlement in respect of the land of which he is in possession.

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  • 24. If any settlement holder wishes to relinquish the whole of his estate, or any entire fields (dags) within his estate he shall, after paying all the land revenue due from him in respect of the estate or fields proposed to be relinquished, tender a written petition to DC or other officer empowered in Form-K ().
  • 27. Settlement of town lands(See land policy).
  • 29. The following additional rules shall apply only to applications for waste land for special cultivation (See land policy).
  • 40. An applicant to whom a lease for special cultivation is granted shall be liable to pay (See land policy).
  • 40A. The settlement-holder of any land taken up for ordinary cultivation, and found to be under special cultivation, shall be liable to pay premium (33% of land valuation).
  • 43. When any person obtains a lease for special cultivation wholly or partly free of premium it shall be a special condition thereof that he shall not transfer the estate or any portion thereof by gift, sale, exchange, mortgage, or sub-lease, or in any other manner whatsoever within 10 years of the date of issue of the lease, except with the previous consent in writing of the DC.
  • 46. Reservations between adjoining grants:- In the case of all leases of land exceeding 50 acres and not exceeding 600 acres granted , the DC shall reserve (a) any land which in his opinion is required for public passage and (b) a strip of land at least 100 feet wide between adjoining grants.

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SETTLEMENT OPERATION

  • Appointment of Settlement and Survey Officers
  • 50. When the State Government have declared that a local area or class of estates in under settlement they may, for the purpose of carrying out the operations, appoint under section 133/134 of the Regulation a SO and one or more ASO/Asst Survey Officer.
  • 52. The term for which the land-revenue is to be assessed shall be US 13 of the ALRR Act 1936.
  • 53. Settlement shall be annual or periodic.

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  • Different processes of assessment
  • 55. The assessment of land shall consist of the following processes :—(a) Preliminary record writing, and field classification. (b) Record attestation. (c) Submission of assessment reports. (d) Revenue attestation. (e) Offer of settlement.
  • Preparation of draft chitha or field index
  • 56. After a village has been surveyed and demarcated a draft chitha or field index shall be prepared. Govt may direct, the name of the person who is in possession of each field, and the classification of each field according to a terminology. Disputes regarding the ownership of land or regarding the ownership of any interest, such as usufructuary mortgage in land, shall be decided in a summary manner and on the basis of actual possession by ASO .

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  • Preparation of draft Jamabandi and record attestation
  • 57. Before record attestation begins the Settlement Officer shall cause a draft Jamabandi to be prepared showing, in addition to such other particulars as Govt may direct, the fields which have been found in the possession of each proprietor or settlement-holder and the classification of each field as entered in the draft chitha but at this stage there will be no entry under the heading “revenue”. Each Settlement-holder shall be furnished, before record attestation begins with an extract from the draft jamabandi (Kacha patta) showing the fields which have been found in his possession, and the proper classification of each field. The record attestation of each village shall be taken up by the SO, or ASO hereinafter called the Attestation Officer, at a convenient place in or near the village. A proclamation shall previously be published in the village giving due notice to the proprietors and settlement-holders and calling on them to appear before the Attestation Officer, bringing with them their extracts from the draft jamabandi.

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  • Preparation of draft Jamabandi and record attestation
  • 57. (Continue)As each proprietor or settlement holder appears before him the Attestation Officer if the proprietor or settlement-holder so desires, shall examine the entries in the draft jamabandi which relate to him, shall read out and explain the entries and shall make corrections when required. Dispute regarding the ownership of land, or the ownership of any interest, such as usufructuary mortgage in land, shall be decided by the Attestation Officer in a summary manner, and on the basis of actual possession. In the course of record attestation all the fields which have not already been inspected by a Kanungo or officer of higher rank shall now be inspected and the classification of the field shall be tested and if necessary corrected. Submission of rate report
  • 58. Submission of rate report : When the record attestation of a group of villages has been completed the Settlement Officer shall perepare and submit for sanction a rate report under the provisions of section 24 of the ALRR Act, 1936 .

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  • Calculation of revenue payable for each estate and extract of draft Jamabandi to be distributed to each proprietor or settlement holder
  • 59. On receipt of Govt’s orders on the rate report the SO shall calculate accordingly the total revenue payable for each estate and shall enter it in the draft jamabandi used at the record attestation. The revenue attestation of each village shall be taken up by the SO or ASO/ AO at a convenient place in or near the village. A fresh extract from the draft jamabandi (Rev kacha patta) showing only the total area, the total revenue as calculated, and the alteration if any, made in the jamabandi at record attestation shall be distributed to settlement-holder. A proclamation shall also be published in the village giving sufficient notice to settlement-holders and calling on them to appear before the AO bringing with them their extracts from the draft jamabandi. As settlement-holder appears before him the AO shall read out to him the total areas entered against his name in the draft jamabandi and the total assessment which is proposed in his case. The AO shall hear and decide any objection which may be put forward. After revenue attestation SO shall submit through the DLR any case requiring the orders of Govt, under Section 12(1)(b) of the Re-assessment Act. If on further consideration the SO would alter the classification or rates of a whole village, he shall report the case at this stage through the DLR for the order of Govt.

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  • 60. Preparation and signing of leases and offer of settlement : After receipt of the orders of Govt and subject to such orders, the SO shall make a final copy of the chitha and jamabandi. This final copy of the jamabandi shall be the record of rights of proprietors and settlement-holders within the meaning of US 40 ALRR 1886 .
  • Particulars which the chitha shall contain
  • 62. The Chitha shall contain, in addition as directed by Govt: 1. Number of the field. 2. Area of the field. 3. Name, father’s name and residence of the proprietor or settlement-holder. 4. Tenure. 5. Assessment class or classes and area of each class of land in the field.
  • Particulars which the Jamabadi shall contain
  • The jamabandi shall contain the following particulars, in in addition as directed by Govt : 1. Number of the estate 2. Name, father’s name and residence of the proprietor or settlement-holder. 3. Number of each field. 4. Area of each field. 5. Class of each field. 6. Area of each class in each field. 7. Revenue (if any) 8. Local Rate.
  • 63(1). How settlement may be refused.
  • 63(2). How settlement may be accepted.

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  • GRANT OF LEASES AND SETTLEMENT OF LAND-REVENUE IN RESPECT OF TOWN LANDS.
  • 64. (a) Town land means...
  • (b) Short lease means...
  • (c) A periodic lease for town lands means ..
  • 67. Applications for lease of waste land in towns shall be in writing .
  • 68. If a lease is granted it shall ordinarily be a periodic lease.
  • 69. Periodic lease shall not be issued for town land within 25 feet from centre of road.
  • SETTLEMENT OPERATION FOR TOWN LAND.

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  • RULES FOR THE ALLOTMENT OF GRAZING GROUNDS
  • Survey and demarcation of grazing grounds
  • 83. Whenever it may appear to DC, after local inquiry, to be necessary that any land should be allotted from the land referred to in section 12 of the ALRR, 1886, to the inhabitants of any village or Villagers as a grazing ground, DC shall cause such land to be demarcated with temporary boundary marks and, if it has not been already cadastrally surveyed, a map of it to be prepared on the scale of 16 inches to the mile.
  • 84. Preparation of notice .
  • 85. Publication of notice Form-107 .
  • 86. Hearing of objection.
  • 87. Powers of DC to alter the area and boundaries. Confirmation of proceedings
  • 88. When all objections presented within one month of the publication of a notice under rule 85 or of a revised notice under rule 87, have been disposed of and no alteration or no further alteration of the area or boundaries of the proposed grazing ground appears to the DC to be necessary, he shall report his proceedings to the Commissioner who may confirm them with the approval of Govt.

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  • Declaration of grazing grounds
  • 91. The DC shall cause to be published in the manner prescribed in rule 85, a final notice declaring the land to be allotted as grazing ground. He shall also cause the grazing ground to be entered in the register of grazing grounds and the boundaries thereof to be demarcated with such boundary-marks as may be required.
  • 95-A. –If DC is of opinion that a village Grazing Ground constituted UR 91 is wholly or in part not needed for the purpose for which it was allotted, he shall publish a notice regarding the proposed cancellation of the allotment, hear objections and forward his proceedings together with his recommendation to Govt for final orders. The manner of publication of notice and hearing objections shall be the same as in the foregoing rules. In making his recommendation DC shall consider if any payment is to be made to the villages as a body for the cost of demarcation if any borne by them originally and whether the claims of persons who may have surrendered land for the purpose of constituting the reserve should revive on cancellation of the reserve or part thereof. The Govt will pass orders either accepting, rejecting or modifying the recommendation of the DC .

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General Register of Revenue paying estates.

  • 110. The General Register of revenue-free estates and the General Registers of revenue-paying estates, shall be kept for each district in the office of DC .
  • 112. Govt may, whenever they think fit, order new registers to be prepared from the registers existing at the time of such order and form any other authentic information available to DC.
  • 114. A note shall be made from time to time in the General Registers of revenue-paying and revenue-free estates —
  • (a) Of every alteration ordered by the competent authority in the amount of revenue assessed on any estate;
  • (b) Of every case in which lands entered as revenue-free may be declared liable to assessment, and assessed by competent authority;
  • (c) Of every partition or union of an estate;
  • (d) Of every removal of an estate from the part of the register on which it is borne;
  • (e) Of the redemption of every mortgage in respect of which the name of the mortgagee shall have been entered on the register;
  • (f) Of every relinquishment of an estate or of portion of an estate; and in every such note reference shall be made to the authority under which the change was made. In preparing the General Registers space shall be left for entries of the above description.

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  • Alteration of entries in General Registers by Deputy Commissioner
  • 115. Whenever it comes to the notice of DC that any change has occurred which affects any entry in the General Registers, and renders necessary any alteration therein , DC, after making such inquiry as may be necessary, shall make such alteration.
  • Provided that no such alteration shall be made without giving due notice to the recorded proprietors or land-holders, and managers of the estate which the alteration will affect, and to every person whose name it is proposed to register as proprietor, land-holder or manager of such estate before such registration is affected; and any objections, which may be preferred against the proposed change, or registration, shall be duly considered by before the change or registration is made.

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  • Power of Deputy Commissioner to order the name of a proprietor, of etc., be struck out of register
  • 116. Whenever it comes to the notice of DC that any person whose name is recorded in the General Registers as proprietor, settlement-holder or manager of an estate is no longer in possession of any such interest in the estate, DC may order the name of such person to be struck out from the register:
  • Provided that DC shall not strike out the name of any recorded proprietor or landholder, or manager on behalf of a proprietor or land-holder, without giving him due notice and hearing any objections he may prefer against his name being struck out.

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  • Alteration of registers on decrees of Civil Court
  • 118. Whenever any Civil Court makes a decree confirming any transfer of possession of a transferable estate, or gives effect to any decree transferring any such possession, such Court may order the transfer to be registered in the General Registers of DC , and DC shall register such transfer accordingly. (The attention of the Civil Courts was drawn to this rule in Circular No. 17R, dated the 21st April 1896, and it was pointed out that when directing(Issuing Precept) registration, all information should be furnished which is likely to be required for filling in the columns of the General Register concerned.)

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  • Registration of auction purchaser’s name
  • 119. When any Revenue Court grants a sale certificate under section 85 of the Regulation to the purchaser of a temporarily-settled estate or portion of a temporarily-settled estate at a revenue sale, DC shall order the auction purchaser’s name to be registered in the General Register in place of that of the defaulter.
  • 120. Application for registration or mutation.
  • 121. Registration land Mutation Register.
  • 122. Publication of notice: (1) The general notice that is issued under section 52(1) and under section 56(1) in the case of tenures shall be published by affixing a copy of the same on or at the following places .. (a)Cutchery of land-holder, Mauzadar office, Gaon Panchayat and Anchalik Panchayat.
  • 125. No penalty on persons applying for registration suo motu as US 58 ALRR 1886 .
  • 128. DC/SDO shall supply an extract from any register mentioned in these rules to any person who may apply for the same.

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  • Judicial procedure in revenue cases
  • 181. No provisions of the Code of Civil Procedure, and of enactments amending the same relating to the trial of suits, the evidence and examination of witnesses, procuring the attendance of witnesses and the production of documents, shall apply to all proceedings of a judicial nature, other than appeals, held before a DC or other Revenue Officer or a SO duly empowered to hold such proceedings. For the purposes of this rule, the following proceedings under ALRR 1886 shall be regarded as proceedings of a judicial nature:—
  • (a) Proceedings in connection with boundary disputes (section 23).
  • (b) Proceedings in connection with disputes relating to the record-of-rights (sections 41 and 42).
  • (c) Resumption of proceedings (section 43)
  • (d) Proceedings in connection with application for mutation and registration of names (sections 53 and 54).
  • (e) Proceedings in connection with applications for registration of talukdariand other similar tenures (section 56).
  • (f) Proceedings in connection with applications for separate accounts (section 65).
  • (g) Proceedings arising out of the attachment or sale of moveable or immoveable property, or of applications to set aside sale under Chapter V.
  • (h) Proceedings in connection with the partition or union of estates under Chapter VI.
  • (i) Any other proceedings expressly declared by rules issued under the provisions of ALRR 1886 to be judicial proceedings.