Whereas, it is necessary to impose restrictions on transfer of land in the Tribal Belts, Blocks in Assam for protection of the interest of the Protected Classes and whereas it is expedient further to amend the Assam Land and Revenue regulation, 1986, (hereafter referred to as the Principal Act) it is hereby enacted in the Forty First Year of the Republic of India as follows:
  

1. (1) (2) (3) 2.

This Act may be called the Assam Land and Revenue Regulation (Amendment Act, 1990). It shall have the like extent as the Principal Act.    It shall come into force at once. In the Principal Act in Section 164, after Section 164 A, the following shall be inserted, namely 164 B penalty for transfer

"If any transfer of land is effected in contravention of the provisions of this Chapter, both the transferor and the transferee shall be punished with simple imprisonment for a term which may extent to six months or with fine which may extent to one thousand rupees or with both."

STATEMENT OF OBJECT AND REASON

The provisions under Sections 164 and 164 A of the Assam Land and Revenue Regulation, 1886 providing restrictions on transfer of land belonging to the protected classes of people to non-protected classes in the Tribal Belts/Blocks should be more rigid for effective implementation of Chapter-X of the A.L.R.R., 1886. In this regard the responsibility of the Transferor not less than that of the transferee.        It is, therefore, considered necessary to insert a new Section 164 B after Section 164 A of the Assam Land and Revenue Regulation, 1886. This imposes certain penalties on both the transferor and the transferee for effecting transfer of land in contravention of the provisions of Chapter-X.

Hence the Bill. Chandra Arandhara Minister-in-charge S. N. Deka Secretary Assam Legislative Assembly.    FINANCIAL MEMORANDUM

There is no extra financial involvement as the existing staff at the district/sub-divisional level as well as at the circle level will administer the provision under the new Section 164 B of the Regulation.

MEMORANDUM ON DELEGATED LEGISLATION

Section 171 under Chapter-X of the Regulation delegates powers to the State Government to make rules for carrying out the provisions of Chapter-X of the Regulation, and the procedure prescribed in Section 171 shall be followed in the matter of making rules as necessary in this case.

EXTRACTS OF RELEVANT SECTIONS OF THE ASSAM LAND REVENUE REGULATION-1886 (As amended upto-date) CHAPTER-X

Protection of Backward Classes :

164 1. 2. (a) (b) A settlement-holder other than a land holder shall have no right in the land held by him beyond such as are expressed in this settlement lease.    A landholder shall have a right of use and occupancy in the land held by him subject to any restrictions or modifications prescribed in rules made under this Chapter, and to the provisions of Section 9. *(Provided that no landholder shall transfer his land in a belt or block to: any person not belonging to a class of people notified under Section 160; or to any person who is not a permanent resident in that belt or block; Provided further that no such landholder shall transfer his land in a belt or block to any person who does not belong to a class of people notified under Section 160 except with the previous permission of the Deputy Commissioner Provided also that in granting such permission, the Deputy Commissioner shall have due regard to the interest of persons belonging to the classes notified under that section.         3. The rights of a land-holder drive from a periodic lease in respect of land to which the provisions of this chapter have been applied and issued before the date of the notification, under sub-section (1) of Section 162 shall, for the period during which the area remains subject to the provisions of the chapter, be the same as described in sub-section (2).

164 A: Notwithstanding anything to the contrary contained in this Act or in any law relating to limitation, 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.