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Section 165

The Assam Land and Revenue Regulation (Amendment) Act, 1947State Act of Assam · Act 15 of 1947

(1) In the case o f unsettle d land, any person who witho ut valid autho rity has encroached upon or occupied it shall be liable to ejec tment forthwi th.

(2) In the case of annual ly settl ed lan d, persons oth er than set tlem ent holders, members of the ir families and hire d servants , if found in occ upa tion thereof, shall be liab le to ejectment for thw ith. Th e sett lement, wi th the sett lem ent holder shal l, unless terminated ear lier for infr inge men t of th e conditions of the lease or for any action con trary to or inconsis tent with the rights confe rred on him by the lease, automatic ally terminate at the end of the period covered by the lease.

(3) (a) In the case o f per iodically settled land, persons who have ente red into occupa tion withou t valid authority from the land holder o r whose entr y or occupa tion is or has com e about in a ma nner inconsis tent wi th the provisions of this Ch apter shal l be liab le to eviction.

(6) Such eviction shall be preceded by service of no tice requir ing the occu pant s to vacate the land, and to remove all building s and other cons truc tions ere cted, and crops raised, within a p eriod not exceeding one mo nth from the da te of receipt o f the notice.

(c) The Deputy Commiss ioner may , afte r the persons concerned have evacuated or been evicted from the land , take the land under his own m ana gem ent , or may let it in farm , for such perio d as he thinks fit, bu t shall give the landho lder a reasonable opp ortu nity of underta king in writ ing that he will do everything in his power to prevent una uthori sed occupat ion by oth er persons in future , and of agreeing in writ ing tha t, on his failure to do so, he will forfeit his r ights and status of a land holder in respect of the land. If satisfied with an und erta king and agre ement as aforesaid, the Deputy Commissioner shall accept them , and they shall be deem ed to govern the landhold er’s futu re rights and status in respect of the land, and the land shall the n be restored to the landholder. If the landho lder sub­ sequently contravenes the underta king as a foresaid, or any of the provisions of section 9, he shall be liab le to forfe iture of his rights and status in respect of the lan d, which will then be available for sett lement afresh, subjec t to any lawful encumb ranc es subsisting upon it.

166. No suit shall lie aga inst any pub lic serv ant for any thin g done by him in good faith under this Cha pter.

dktion?UrlS" 167. No Civil Court shall exercise jur isd ict ion in any of the matters covered by this Chapt er.

4 Investment 168. The Provincial Governmen t may, by notification of powers. jn t jl e official Gazette , invest any Revenue Officer with the powers of the Deputy Commissioner under all or any of the provisions of this Ch apter within such limits, with such restr ictions and for such period as may be specified, and may w ithd raw from any such Officer any of the powers so conferred upon him.

Appeals . 169. (1) An appeal shall lie under this Ch apter :—

(a) to the Deputy Commissioner, from any origina l ord er passed by any Officer subo rdinate to him, and (Z>) to the Revenue Tr ibu na l, from any original order passed by a Dep uty Commissioner.

(2) Except in regard to orders rela ting to per iod i­ cally settled land , an ord er passed on appeal und er sub­ section (1) clause (a) shall be final.

(3) In regard to orders relatin g to periodical ly settled land an appeal will lie to the Revenue Tr ibu na l from an app ella te order of the Deputy Commissioner.

Revision. 170. Th e Revenue Tribunal or the Deputy Commis­ sioner may call for the proceedings held by any Officer subo rdinate to it or him, and pass such order s thereon as It or he thinks fit.

Rules. 17] . Th e Provincial Government may , by notifica tion in the official Gazette , make rules for the purpose of car ryin g ou t the provis ions of this Ch ap ter” .

1 A.G.P. (Leg. ) No.28— 1,000+35—3-2-1943.

Where this provision sits

ActThe Assam Land and Revenue Regulation (Amendment) Act, 1947
Section165
JurisdictionState of Assam
StatusIn force as published by the source

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