SECTION 7 - RIGHTS OF PROPRIETORS IN ASSAM

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ASSAM LAND & REVENUE REGULATION, 1886

RIGHTS OF PROPRIETORS IN ASSAM

Section - 7

Section 7 of the Assam Land and Revenue Regulation simply says that the proprietors shall have the same rights and enjoy the same privileges as they had at commencement of the Regulation. This implies that every proprietor may have rights different from the others. While this may, in fact, be true in details, the broad frame-work of their rights is the same.
As we have seen before, proprietors can be divided into two classes----
(i)                  proprietors of revenue-free-estates and
(ii)                proprietors of permanently settled estates.

Proprietors of revenue-free-estate -

The rights of proprietor of revenue free estates are permanent heritable and transferable. Their estates are not liable to payment of land-revenue. They can create encumbrance which cannot be avoided even if the estate be sold on account of some demand realizable as arrear of land-revenue. The lakhirajdars or the proprietors of revenue free estates have the following rights:

(1) He is entitled to hold his estate in perpetuity.
(2) He is not liable to pay any revenue to Government.
(3) His estate is heritable and transferable, provided he is the legal owner of such estate, and not only trustee thereof, e.g., a temple - sebait or dalai.
(4) He can transfer his estate by sale, gift, bequest or otherwise.
(5) He can create encumbrances which cannot be avoided even though the estate be put to sale on account of any demand as arrear of land-revenue realizable in law.
(6) He can grant leases for the whole or part of the estate, for a term or in perpetuity; but his power to enhance the rate of rent is limited by law.
(7) He has the rights of mining and fishing as well as the incorporeal rights included in the estate.
(8) He is, however, liable to pay any cess and other demands made by the Government.
(9) He is entitled to make all the lawful uses of his estate.

Rights of proprietors of permanently settled estates – 

The rights of proprietors of permanently settled estates are the second highest in order of superiority. Their rights are permanent, heritable and transferable. These proprietors, further, have rights over mines, minerals, fishery, forests and other incorporal rights included in their estates. But they are under obligation to pay revenue which is fixed in perpetuity. Their estates may be sold for arrears of revenue, free from encumbrances. They can grant leases for the whole or only portion of it for a term of years or in perpetuity. In the Goalpara district, the owner of a permanently, settled estate is known as Zamindar, and is a mere rent - receiver, having leased all the lands of his estate either in perpetuity or for a term of years, to tenants who may or may not be the actual cultivators.
                 Under section 3(1) of the said Act, the State Government may from time to time, by notification declare that the estate or tenure of a proprietor or tenure-holder specified in the notification shall stand transferred to and vest in the State free from all encumbrances. Under section 4(1) of the Act, all rights and interest of the proprietor of the tenure-holder, named in the said notification in the estate or the tenure, including his interests in (i) land with its sub-soil and mines and minerals, (ii) in forests and fisheries, (iii) in hats, bazars and ferries together with the right to realize tolls from them, (iv) in any building or part of a building used primary or cutchary for collection of rent, and (v) his rights to royalty, cess, fees and tolls in respect of any such interest absolutely in the State free from all encumbrances. But ne mentioned in item (vi) of the section, which forms par homestead of a proprietor or tenure-holder shall vest in the Section 5 of the Act provides for payment of compensation owners whose lands have been affected by the Act. Under section 9(1), as soon as possible after the date of notification refer in section 3, the State Government shall appoint a Settlement of with the requisite staff for the purpose of effecting a settle with a view to converting the estates or tenures vested in the Star into temporarily-settled estates in accordance with the provision of the Assam Land and Revenue Regulation, 1886, and the Assam Land Revenue Reassessment Act, 1936.

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