Assam Management of Estates Act, 1949
No: 17 Dated: Nov, 09 1949
THE ASSAM MANAGEMENT OF ESTATES ACT, 1949
ASSAM ACT XVII OF 1949
An Act to provide for the management by the Court of Wards of estates and tenures of proprietors, land-holders or tenure-holders in the permanently-settled and temporaily-settled areas of the districts of Goalpara, Garo Hills, Kamrup, Nowgong, Darrang, Sibsagar, Lakhimpur and Cachar in the Province ef Assam
Preamble:- WHEREAS, for the purpose of improving the economic and social conditions of the agriculturists and for ensuring full and efficient use of land for agriculture, and for improvement, conservation and efficient management of forests, fisheries, hats, bazars and ferries, it is necessary to assume management of estates and tenures in the permanently and temporarily-settled areas of Assam :
AND WHEREAS the previous sanction of the Governor under section 299(3) of the Government of India Act, 1935 has been obtained to the introduction of the Bill ;
It is hereby enacted as follows:-
1. Short title extent and commencement:- (1) This Act may be called the Assam Management of Estates Act, 1949.
(2) It extends to the permanently-settled and temporarily-settled areas of the districts of Goalpara, Garo Hills, Kamrup, Nowgong, Darrang, Sibsagar, Lakhimpur and Cachar.
(3) It shall come into force on such date as the Provincial Government may by notification appoint in this behalf.
2. Definitions:- In this Act, unless there is anything repugnant in the subject or context,-
(a) "Court of Wards" means the "Court of Wards" under the Court of Wards Act, 1879 (as amended by Assam Acts) ;
(b) "Deputy Commissioner" means the Deputy Commissioner of the district in which the land in question is situated, and includes any Revenue Officer or Extra Assistant Commissioner empowered by the Provincial Government to discharge any of the functions of the Deputy Commissioner under any provision of this Act ;
(c) "estate" means lands (other than lands settled for special cultivation) included under one entry in any of the general registers of revenue paying and revenue free lands, prepared and maintained under the law for the time being in force by the Deputy Commissioner and including Government revenue free lands not entered in any register and lands prospectively subject to the payment of revenue although no engagement has been entered into for -that amount ;
(d) "Lakhiraj estate" means any estate exempt from assessment under any grant made by the previous rulers of the country and confirmed by or on behalf of the Government;
(e) "land-holder" means any person deemed to have acquired the status of a land-holder under section 8 of the Assam Land and Revenue Regulation, 1886 ;
(f) "land-lord" means a person immediately under whom a tenant holds, but does not include the Government
(g) "permanently-settled estate" means any estate in the districts of Cachar, Gealpara and Garo Hills 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 ;
(h) "prescribed" means prescribed by the Rules made under this Act ;
(i) "private land" means the proprietors' private land as described in section 123 of the Goalpara Tenancy Act, 1929, and section 143 of the Sylhet Tenancy Act, 1936:
Provided that the proprietor for this purpose includes a ''tenure-holder'';
(j) "proprietor" means a person holding in trust or owning for his own benefit any permanently-settled estate or any LakhiraJ estate, or a part of any such estate and includes the heirs and 'successors in interest of a proprietor, and where a proprietor is a minor or of unsound mind or an idiot, his guardian, committee or other legal curator;
(k) "raiyat" means a person who has acquired from a proprietor, land-holder or tenure-holder a right to hold land for the purpose of cultivating it by himself or by the members of his family or by servants or hired labour ;
(l) "rent'' means whatever is lawfully payable in money or kind by a tenant on account of the use and occupation of the land held by him ;
(m) "Revenue Officer" in any provision of this Act includes any officer whom the Provincial Government may appoint by name or by virtue of his offiGe to discharge any of the functions of a Revenue Officer under that provision ;
(n) "tenant'' means a person who holds land under another person and is, or but for a special contract would be, liable to pay rent for that land to that other person, but does not include a person who holds immediately undet' Government ;
(o) "tenure" means the interest of a tenure-holder or an under-tenure-holder;
(p) "tenure-holder" means a person who has acquired from a proprietor, land-holder or from another tenure-holder right to hold land for the purpose of collecting rent or of bringing it wholly or partly under cultivation by ·establishing tenants on it, and includes the successor in interest of a person who has acquired such right and a person who holds such right in trust_, and where a tenure-holder is a minor or of unsound mind or an idiot, his guardian, committee or other legal curator ;
(q) "under-raiyat" means a person holding land mediately or immediately under a raiyat.