Disposal of Government Waste Land, Allotment of Grazing land & Rights in fishery

ASSAM LAND & REVENUE REGULATION, 1886

Disposal of Government Waste Land, Allotment of Grazing land & Rights in fishery

Disposal of Government Waste Land 

(Sections 12 to 16 of the Assam Land and Revenue Regulation, 1886 deals with the Disposal of Government Waste Land)

As a corollary to the provisions of section 6, it is obvious that lands over which no proprietor, landholder or settlement holder has any right are at the disposal of the State Government. The State Government may dispose them of in any of the following ways:

(a) by way of grant or lease to individuals, (Section 12)

(b) by allotment for the purpose of grazing-ground to the villagers collectively, whom they consider standing in need of such allotment, (Section 13)

(c) by allotment for jhum cultivation by hill tribes, or families practising, jhum or migratory cultivation, of areas suitable for such cultivation, of sufficient extent, and situated in localities reasonably convenient, for the purposes of the persons to whom they are allotted, and for regulating and controlling the enjoyment of lands so allotted by persons permitted to resort to the same, (Section 14)

(d) by constitution of proclaimed fisheries in any river or tank or "beel" and then by leasing out such fisheries, (Section 16)

There is absolutely nothing in the provisions of Section 16 which would go to show what are the principles on which such rules for the acquisition of fishery rights by the public or any person have to be made nor is there anything therein to indicate any policy which has to guide the State Government in the making of such rules. The whole thing is left to the discretion of the State Government which is empowered by Section 155, inter alia, to make rules relating to the granting of licenses and the framing of the right to fish in fisheries proclaimed under section 16 consistent with the Regulation.

Allotment of Grazing land

(a) Survey and Demarcation of Grazing Grounds (Rule 83 ) Whenever the Deputy Commissioner is satisfied that Government waste land is required to be reserved for grazie of village cattle, he causes the land to be demarcated wit temporary boundary marks and if the land has not been already cadastrally surveyed, a map on the scale of 17 inches to mile shall be prepared.

(b) Preparation of Notice (Rule 84) - After Demarcation and mapping of the Land as per Rule 83 the Deputy Commissioner shall cause a notice to be prepared to allot the said land as grazing ground.

(c) Publication of notice (Rule 85)- The Deputy commissioner then publishes the notice prepared under Rule 84 at the offices of the Deputy Commissioner, the Sub-Divisional Officer, the Sub Deputy Collector and the Police Station and on the noticeboard of the Gaonbura concerned to allot the said land as grazing ground. The notice shall be published in two languages, one English and the other Vernacular.

(d) Hearing of Objections (Rule 86)- Within one month of publication of notice under Rule 85 any objection may be presented to the Deputy Commissioner against the allotment of the proposed grazing ground. All objections received within one month are disposed of after due enquiry and making such alterations as deemed necessary.

(e) Power of Deputy Commissioner to alter boundaries and confirmation of proceedings (Rule 87)- Any alteration in the boundaries of the proposed grazing ground shall be published by way of a revised notice in the manner as described 11 Rule 85.

(f) Confirmation of proceedings (Rule 88)- The Deputy Commissioner thereafter reports his proceedings to the Commissioner, who confirms them with the approval Government. The land then becomes reserved for village grazing ground.

Cancellation of Allotment of land for Village grazing ground (Rule 95A)- When a village grazing ground is not needed wholly or in part for the purpose of grazing. Deputy Commissioner may cancel the allotment with approval of Government. He publishes a notice, and hears objections, if any in the manner of the foregoing paragraph as per Rules 83 to 88 and forwards the proceeding to Government with his recommendation for final orders. On acceptance of his proposal by Government, the land ceases to be reserved for village grazing ground and reverts to the status of ordinary Government waste land.

Rights in fishery

Constitution and leasing out of fisheries. (Vide Fishery Rules, in part VII of Assam Land Revenue Manual) :

(1) Constitution of fisheries and their settlement:

Under Section 16 of the Assam Land and Revenue Regulation, 1886, the Deputy Commissioner may, by proclamation and with the previous sanction of the State Government, declare any collection of water, running or still, to be a fishery. After such declaration, no person can acquire any right in such fishery except according to the fishery-rules. According to the Fishery Rules as amended in August 1971, all registered fisheries are to be settled on tender system only. The old system of sale by auction has been discontinued since 1971. (Fishery Rule 12)

(2) Concession to certain classes :

Sixty percent of fisheries in a sub-division are to be selected for settlement with co-operative fishery societies formed wholly by actual fishermen of scheduled castes of the State of Maimal community of Cachar. Such fisheries should be settled only with the highest tenderer and no rebate will be available.

The remaining 40 percent of the fisheries are open for settlement with all communities but subject to the following conditions, namely

A co-operative fishery society formed by actual fishermen of scheduled castes, scheduled tribes, other backward classes and Maimal community shall have the option of taking settlement at the highest tender, provided its own tender is within 7 %.

The Co-operation society is also given o advantageous and it is that the settlement of fisherie to with them by the Govt. without following the ten However, any individual is not granted such right.

(3) Procedure of Settlement:

The Deputy Commissioner or the Sub-Divisional Omca the settling authority. He proclaims the date of settlement at least one month ahead by notices posted at the Sadar or Sub-divisional cutchery, the Munshiff's court and the police station. The notice shall state the name of the fishery, its location, the period and the price for which it was last settled, the period for which it will now be settled, the date, place and conditions of sale. (Fishery Rule 5)

On the date of settlement the Deputy Commissioner/ S.D.O. opens the tenders received in response to the notices in presence of an Advisory Board consisting of not less than 5 persons. The members of the Board are selected by D.C./S.D.O. at the moment and strictly confidentially. One of the members should preferably be from actual fishermen of the scheduled castes. In consultation with the Board, DC/S.D.O. selects the most suitable tenderer (Fishery Rule 45)

The selected tenderer is required to furnish immediately a cash security to the extent of 25 per cent of the first year's revenue. If the selected tenderer is a co-operative society formed wholly by actual fishermen of scheduled castes or Maimal community, then it is entitled to have the cash security reduced to 10 per cent of the first year's revenue. On failure to furnish the security, the fishery is forthwith resold at the risk of the selected tenderer, who is bound to make good the difference between his tender and the amount realized at the resale. (Fishery Rule 5)

On furnishing the security as mentioned above, Deputy Commissioner/Sub Divisional Officer sends the proposals within 7 days to Commissioner of Divisions for order of confirmation, which he is required to pass within one month. (Fishery Rule 8(d))

An appeal against the Commissioner's order of confirmation lies within 30 days of the order to the Assam Board of Revenue. (Fishery Rule 11)

After confirmation of the settlement by Commissioner, a fishery lease is executed by Deputy Commissioner/Sub Divisional Officer and the selected tenderer. (Fishery Rule 7)

(4) Extension of period of lease:

Under the tender system, the fishery lease is generally given for 3 years. But this period may be extended by the State Government,

(1) where the lessee incurs loss due to interference in operation from natural causes, or causes beyond his control, or

(2) where the lessee, being an intending pisciculturist, agrees to implement approved schemes of development and improvement of the fishery at his own cost within a specified period. (Fishery Rule 8 (b))