(1) he [State G overn me nt] 1 may, where a Power fa sett lement <>f land revenue is not be ing made , at any order prep» lime m ate m o rder in the case of any local area, r f ~ esta tes or pa rt the reo f direc ting that >• record-of-r ights r ig h ts fo r —with or withou t Survey—for [all or any class or tenants, classes of ten an ts] 3 be p rep are d by a Revenue Officer.
(2) A notif icatio n in the official Gazeste of an orde r u nder this section shall be conclusive evidence th at the ord er has been duly made.
(2) Th e survey shall be mad e and the record ofrigh ts prepar ed in accordance with rules made in this behal f by the [Sta te Gover nm ent ]1
80. Where an ord er is made under section 79, Particular the par ticu lars to be recorded shall be specified in the t0 recordord er and may include either withou t or in add ition c • to oth er pa iticu lar s, s >mc or all of the following, na mely:— [(«) the na me of ea ch te nan t] 1.
(Z>) the class to which the [te na nt ]5 be lon gs ;
(c) the area and situ atio n of the land held by the [tenants] 5 ;
1. Substituted by the A. O. 1950 far “Provincial Govern ment” .
2. Substitu ted bv A. O. 1950 for “ Province” .
3. Substituted by Assam Act 1 of 1943 for “ Priv'IIcged Raiyats and Occupancy Raiya ts” .
•4. Substituted by ibid for original clause (a .
5. Substituted by ibid.
42 («?) the nam e of each [ ten an t’s] r lan dlo id ;
(<?) the ren t payable at the tim e the record-ofrights is being prepared ;
( f ) the m ode in which that ren t has been fixed wh eth er by contr act , by orde r of a court , or otherwise ;
(g) if the r en t is a grad ually increas ing ren t the time at which a nd the steps by which it incr, ases ;
(A) the special cond itions and incidents , if any, of the tenancy ;
(i) any right -of-w ay or othe r easement atta ch" ing to t he land for w hich the record-ofrigh ts is being pre par ed :
Provide d that, if land s are not used for purposes connected with agriculture , it shall be sufficient to record th at fact toge ther wi th such partic ula rs as may be prescribed.
Prelimina ry 81 . (1) Where a dra ft record-of -righ ts has been publica tion , prepar ed the Revenue officer shall publ ish the dra ft in amendment the prescribed mann-.r and for the pres cribed period, bHcation Pof a n ^ s haU receive and cons ider any objections which record-of- may be made to any entry therein , or to any omission rights. ther efro m, during the period of pu blicat ion .
(2) Where such objections have been considered and disposed of according to such rules as the [Sta te Governm ent]1 2 may make , the Revenue Officer shall finally frame the reco rd and shall cause it to be finally pub lished in the prescribed ma nner and the pub lica tion shall be conclus ive evidence that the r cord has been duly made u nder this chapter .
Certificate 82 . (1) Where a record-of-rights has been finally ■of and pre- pub lished under section 81, the Reven ue Officer shall, sumption as within such time as the [Sta te Gov rn m en t]2 may by blicadon11 ' general or special order, req uir e, make a certificate and pre-s tat ing tf e fa ct of such final pub lica tion and the date sumption as thereof, and shall d ate and subscribe the same with to correct- jjis nam e and official title .
Bess of retoid -of rights . ^2) certi ficat e of final pub lica tion, or, in t ie absence of such certificate, a certificate signed by the Deputy Commissioner o f a dist rict in which the estate , or pa rt the reo f to w hich the record-of-rights rela tes is situ ate , sta ting th at a record-of- rights has been finally published on a specified da te shall be conclusive proof of such pub lica tion and of the da te thereof.
»
1. Subst ituted by Assam Act I of 1943 for “ Raiya t’s”.
2. Substituted by A.O. 1950for “ Provincial Gov ernm ent” .
43 >4
(3) The [State Gover nm ent ]’ tuay, by notif i cation, dec lare , with regard to any estate , that a record -of rights has been finally publ ished in the village in which the esta te is situate and such notifi cat ion shall be conclusive proo f of such pub lica tion.
(4) In any suit or oth er proce eding in which a record-of-rights prepared and publi shed under this chap ter or a duly certified copy thereof, or extr act therefrom, is produced, such record-of-r ights shall be presum ed to have been finally publ ished unless such pub lica tion is express ly den ied .
(5) Every entr y in a record-of-r ights final ly pu blished shall be evidence of the ma tte r referred to in • such en try , and shall be presumed to be correct unti l it is proved by evidence to be incorrect.
83. (I) An appeal, if presented wi thi n two Appea l to months from the date of the ord er app ealed against, jV1 r(jv i' shall lie to the Deputy Commissioner Irom every superior y ord er passed by a R eve nue Officer prio r to the fina l au thor ities pub lication of the record-of-rights on any objection made. Th e orders of t he Deputy Commissioner sha ll, subject to the following sub-section, be final.
(2) Th e [State Gover nment ]! may in any case, on app lica tion or of its own mot ion, direct the rev ision of any record-of- rights or any por tion of a record-of - righ ts :
Provided that no such dire ction shall be ma de • until reasonble notice has been given to the pa rti es concerned to appear and be hea rd in the matt er .
1. Subst ituted by the A.O. I95O for “ Provinc ial Go vern ment’’.
/ 44 Expenses {54, (i ) When the prep ara tion of a rccord-of- rights in g^ u'nder ^ a s be en u n f ler taken unde r this chap ter , the expenses this cha pte r incurre d in carrying out the provisions of this chapter in any estat e or pa rt the reo f (including expenses that may be incurre d at any time, whe ther before or afte r the p rep ara tion of the reeord-of-r ights , in the ma in tenance, rep air o r restorat ion of bound ary marks or othe r survey marks erec ted for the purpose of carrying out t he provisions of this chapter ), or such pa rt of those expenses as the [State Gov ernment]4 may direct , shall be defrayed by landlo rds, [and ten an ts] 2 in tha t esta te or pa rt in such proportion and in such instal ments (if any) as the [Sta te Government ]2-, having regard to all the c ircum stances, m ay det erm ine .
(2) Th e port ion of the aloresaid expenses which any person is liable to pay shall be recoverabl e as an arr ea r of land revenue.
(3) Th e cost of p reparin g copies of survey maps and record-of-r ights under this chapter for d istr ibu tion to land lords, [and ten ants] 2 shall be dem ed to be pa rt of the expenses incurre d in carrying out the provisions of this c hapte r.
c Power to- 85. Th e [Sta te Gov ernment]1 may make an direct mains o r c ie r dire ctin g that the rccord-of- rights in any dis tric t, record-of- l°cal a rea , estate or class of es'ates prepar ed under rights. Ch apter II I, Pa rt D, ol the Assam Land and Revenue I of 1986 Regu latio n or under this cha pte r shall be ma inta ined, so far as the interests of [tenants of any class or classes]2 are concerned, by regis tering all chan ges in the ow nership accompan ied by possession of such interests.
Procedure 86. When an o rder is m ade under section 85 the on applica - £)CpU ty Commissioner or an officer invested with the giitradonm- powers of Deputy Commiss oner under sections 50 to on informa- 54 of the Assam Land and Revenue Reg ula tion who I of 1886 t ion recciv- receives in form ation thro ugh an app lica tion or othe red °t ^ c r - vvise of any chan ge in the ownership an d possession W1SC’ of any such inte rest as is refe rred to in the foregoing section may make an order dire ctin g the r egis trat ion of the nam e of the person so en ter ing in to ownership and possession:
1. Substitu ted by the A. O. 1950 for ‘‘Provincial Governm ent” .
2. Subst ituted by Assam Act I of 1943 f °r “ priviledged raiyats and occupancy Raiya ts” .
S. Substitu ted by ib id fo r ‘‘privileged raiya ts and occupancy raiy ats” .
/ 45
Provided tha t— («) the inf orm aticn has been verified by local enqu iry mad e by an officer having the powers of Deputy Comm issioner under I of 1886 sections 50 to 54 of the Assam Land and Revenue Regulatio n ; or (Z>) notice has been published and enq uiry held in a man ner sim ilar to that prescribed by 1 of 1886 sections 52 and 53 o f the Assam Land and Revenue Reg ula tion .
87. Where any person is aggr ieved by an order Applic atio n directing regis tration under section 86 w hich has been 1{ Sj made afle r verifica tion of the info rmation received by re local enquiry only he may app ly to the officer passing gistration.
the ord er or his successor in office to set aside the o rder and on receip t o f such a ppl ica tion the officer receiving it shall cancel the regi stra tion and then proceed to publ ish the notice and hold ti e enquiry as in clause (A) of the proviso to section 86.
CHAPTER X J udicial Procedure