SECTION 9 - RIGHTS OF LAND HOLDERS IN ASSAM

-
ASSAM LAND & REVENUE REGULATION, 1886


RIGHTS OF LAND HOLDERS IN ASSAM

SECTION - 9

Since a landholder engages to pay land-revenue to Government he is included in the broad category called settlement holder. But the status of a landholder is acquired by obtaining a periodic lease from the State Government for a period of not less than 10 years (vide Section 8 of the Regulation). This makes his position distinct from other settlement holders. It may be noted in this connection that, prior to 1903, periodic leases were issued ordinarily for ten years. From 1903 to 1936 the system of twenty years' periodic lease was in vogue. The period was changed to thirty years in 1936 by the Assam Land Revenue Reassessment Act (Assam Act VIII of 1936). But in 1990 it was again changed back to twenty years by amending the aforementioned Act (vide Assam Act IX of 1990)

Section 9 of the Regulation describes the rights of a landholder: "A landholder shall have permanent, heritable and transferable rights of use and occupancy in his land subject to :

(a) the payment of all revenue, taxes, cesses and rates from me to time legally assessed or imposed in respect of the lates

(b) the reservation in favour of Government of all quarries, mines, minerals, and minerals oils and of all buried treasure, with full liberty to search for and work the same. paying to the landholder only compensation for the surface damage, as estimated by the Deputy commissioner, and

(c) the special condition of any engagement into which the landholder may have entered with the Government."

Under the authority of clause (c) of this Section, one important special condition is now-a-days incorporated in all periodic Khiraj leases issued after 27th September, 1919. According to this special condition, transfer of agricultural land from a professional cultivator to a person who is not a professional cultivator is prohibited, except when made with the previous sanction of the Deputy Commissioner. (Vide Executive Instruction No. 6 in the Assam Land Revenue Manual.


The characteristic rights of the land-holder are therefore:

(1) The right is permanent in the sense that he is entitled to a resettlement on expiry of the period of his original lease. On such a re-settlement being made, the revenue may be enhanced, and fresh terms may be offered which he may refuse. In case of refusal by him, he does not lose his rights altogether, they merely remain suspended for the period during which the land is re-settled with any other person on the terms offered.

(2) The right is heritable, so that the heirs of the land-hold entitled to hold the land on the same terms and conditions pre-decessor was holding, till the expiry of the period of settlement and are entitled to obtain re-settlement at the expiry of the subject to the usual rights of the Government in such land.

(3) The right is transferable, so that the holder may transferable holding by sale, gift, mortgage, bequest or otherwise; and com grant lease for the whole or part of it. The transferee will subject to the same conditions and entitled to the same rights as the transferor was.

(4) The land-holder is not entitled to any quarries, mines, minerals, mineral oils or any buried treasure lying below the surface of the land held by him, these rights being reserved in favour of the Government who is at liberty to search for and work the same. The land-holder, of course, is entitled to compensation for any damage to the surface, of the land caused by the Government in course of these operations.

(5) The land-holder can relinquish his estate at any time after giving due notice in the manner prescribed, in which case, he loses all his rights and obligations on the land so relinquished.

Popular posts from this blog

Cost of taking Wine Shop License in Assam

-
There is no specific distinction given in Assam Excise Rules, 2016 about rural and urban area but however District Excise department website mentions two different rates for rural and urban area. So, as per the following, the rates are mentioned below: -  In urban area 2 lakhs per year and must be at a distance from 150 metres away from Public Places and 1km away from another wine shop. In rural area, 1  lakhs per year and must be at a distance from 150 metres away from Public Places and 1km away from another wine shop. Footnotes
Read more

Requirements for obtaining occupancy certificate by developer in Gurgaon

-
Image
Occupancy Certificate (OC) is a document issued by local municipal authority of a state certifying that a building is in compliance with local laws and building standards. Such certificate implies that the building is suitable for possession. The Real Estate (Regulation and Development) Act, 2016 defines occupancy certificate as a “certificate issued by the competent authority permitting occupation of any building, as provided under local laws, which has provision for civic infrastructure such as water, sanitation and electricity”. A valid OC is crucial for the occupant of the building, without which the occupancy is deemed to be illegal. It is a required document to apply for home loans and even for basic necessities like water and electricity connection. The Gurugram Metropolitan Development Authority is in administration of issuing an Occupancy C ertificate in the city of Gurgaon and the Haryana Building Code, 2017 prescribes the rules and procedure that are to be followed...
Read more

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 convenie...
Read more