Assam State Acquisition of Lands extent and Belonging to Religious or chartiable Institution of Public Nature Act, 1959

{
    "id": 13643,
    "slug": "assam-state-acquisition-of-lands-extent-and-belonging-to-religious-or-chartiable-institution-of-public-nature-act-1959",
    "title": "Assam State Acquisition of Lands extent and Belonging to Religious or chartiable Institution of Public Nature Act, 1959",
    "short_title": "Assam State Acquisition of Lands extent and Belonging to Religious or chartiable Institution of Public Nature Act, 1959",
    "act_number": "(Assam Act No. 9 of 1961)",
    "act_year": 1959,
    "act_type": "STATE",
    "location": "Assam",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "Assam State Acquisition of Lands extent and Belonging to Religious or chartiable Institution of Public Nature Act, 1959",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title, extent commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(a) \"Agriculture Year\" means the year commencing on the 1st day of 'Bohag' or. Baisakh;\n(b) \"Deputy Commissioner\" means Deputy commissioner of the District in which the land in question is situated, and includes the Additional Deputy Commissioner;\n(c) \"Encumbrance\" in relation to any land under this Act does not include the rights of a rayat or agricultural or non-agricultural tenant;\n(d) The head of a Religious or chartiable institution in so far as it relates to the institution shall mean a person, by whatever designation known in whom the control and management of the properties of that institution is vasted weather under the terms of any enactment or grant or usages relating to this institution or any scheme of management framed by a Court under Section 92 of the Code of Civil procedure, 1908 (Act V of 1908)\n(e) \"Institution\" means a religious or chartiable institution of public nature including its branches, if any, established prior to the commencement of this Act and existing at the date of such commencement;\n(f) \"Religious Institution\" means an institution the primary purpose of which relates exclusively to religious teachings or worship or advancement of religion irrespective of denomination;\n(g) \"chartiable Institution\" means an institution for chartiable purpose including relief of the poor, education, medical relief and advancement of any other object of Public utility, but does not include a purpose which relates exclusively to religious teaching or worship or advancement of religion;\n(h) \"Religious or chartiable Institution of Public Nature\" shall include Satras, Maths, public Temples, public Wakf (that is to say, Wakfs other than Wakf-alal-aulad) including public Mosques and Durgahs, Gurdwaras, Churches or similar institutions or endowments for public purposes of chartiable or religious nature;\n(i) \"Prescribed\" means prescribed by the rules made under this Act, and\n(j) \"Tenant\" means a person who holds land under another person and is, or but for a special contract would be, liable to pay rent for that land to the other person and includes a person who cultivates the land of another person on condition of delivering a share of the produce.\nChapter II",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Notification of acquisition.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Consequence of the notification.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Power to retain possession of land after acquisition.",
            "chapter": null,
            "content": "(i) free of revenue, all such lands which on or before the last day of Chaitra, 1365 B.S. were in the ownership of the institution and were actually occupied by it by construction buildings and raising orchards and flower gardens together with the compounds appurtenant thereto and all lands reserved for the resident devotees for residential purposes.\n(ii) tea gardens land:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Taking possession.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Compensation.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Principles of determination of compensation and the manner of payment.",
            "chapter": null,
            "content": "Explanation.\nRate\nRate\n(a)\nOn the first Rs 5,000. of gross income.\nNo deduction\n(b)\nOn the next Rs 5,000 gross income.\nAt five per cent of the gross income\n(c)\nOn the balance of gross income.\nAt ten per cent of the gross income.\n(b) In case of grant-in-aid of recurring nature, the amount of annuity shall be enhanced by 25% subject to minimum of Rs. 300 in respect of religious institution whose perpetual annuity originally determined at an amount not exceeding Rs. 1.00 lakh.\n(c) No subsequent revision or increase of annuity shall be permissible until at least a period of not less than 10 years ,has elapsed since the preceding fixation or re-fixation of the annuity as the case may be.\n(d) In case of non-recurring grant-in-aid a lumpsum amount of Rs. 500 shall be paid to the religious or chartiable institution of public nature on application by the interested person/head of the institutions or by the State government suo moto , if any repair or renovation work including white washing .is effected or any damages repaired on account of any natural decay or calamity, subject to verification of the actual cost of repair or renovation work done and subject to assessment and satisfaction of the authority about the nature and magnitude of the loss caused to the religious or chartiable institution of public nature on account of natural decay or calamity. This amount shall be paid after every two years\"]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Ad-interim compensation.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Option of removing, Building etc. on land vested in the State.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Claims for compensation.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Arrear of revenue, etc. to be deducted from compensation.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Claims to creditors.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Appeal.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Settlement of acquired land with person in occupation.",
            "chapter": null,
            "content": "(a) if he has acquired the status of an occupancy tenant under the Assam (Temporarily Settled Areas) Tenancy Act,1971 (Assam Act XXII) of 1971), then the land in his holding shall be settled with him with the status of a land-holder as defined in the Assam Land and Revenue Regulation, 1886 (Regulation I of 1886), and he shall upon such settlement be absolved from the obligation if any, of rending services or making payment of \"bhog\" to the institution concerned in respect of his holding and if he has not acquired the status of an occupancy tenant, then the land shall be settled with him with the status of a settlement holder (other than the landholder) as defined in the Assam Land and Revenue Regulation,1886.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Settlement of un-occupied land.",
            "chapter": null,
            "content": "(a) Cultivator who has been rendered homeless due to ejection by the landlord or due to flood, erosion or earthquake, within two years, next before the corning into operation of this Act;\n(b) Co-operative farming society formed by landless actual cultivators;\n(c) Landless cultivators;\n[(d) Agricultural Farming Corporation as defined in the Assam Agricultural Farming corporation Act, 1973 (Assam Act V111 of 1973)]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Assessment of the land acquired.",
            "chapter": null,
            "content": "[Deleted]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Submission of returns by the Heads of religious or Chartiable institution.",
            "chapter": null,
            "content": "[Deleted]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Collection of Information through other agency.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "20",
            "title": "20. Submission of statement, to Government through other agency.",
            "chapter": null,
            "content": "Chapter - III\nMiscellaneous",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "21",
            "title": "21. Appeal.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "22",
            "title": "22. Bar to jurisdiction.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "23",
            "title": "23. Penalties.",
            "chapter": null,
            "content": "(i) willfully fails or neglects to comply with any requirement made of him under this Act, or\n(ii) contravenes any lawful order passed under this Act, or\n(iii) obstructs or resists the taking by the Deputy Commissioner of any land which has vested in the State under this Act, or\n(iv) furnishes information which he knows or believes to be false or does not believe to be true shall on conviction before a Magistrate, and in addition to any other action that may be taken against him, be punishable with fine which may extend to five thousand rupees.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "24",
            "title": "24. Protection of action taken in good faith.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "25",
            "title": "25. Delegation of powers.",
            "chapter": null,
            "content": "[25A. Constitution of the Managing Committee.\n(a) The Deputy Commissioner or Sub-Divisional Officer or his nominee President,\n(b) An Ex-Officeo Secretary to be elected by the Deuries/Bor Deuries,\n(c) 5 (five) elected members to be elected from amongst the devotees.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "26",
            "title": "26. Power to order production of documents, etc.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "27",
            "title": "27. Officers holding inquiries to have powers of Civil Courts for enforcing attendance etc.",
            "chapter": null,
            "content": "(a) enforcing attendance of any person and his examination of oath;\n(b) compelling production of documents; and\n(c) issue of commission.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "28",
            "title": "28. Mode of recovery of any amounts under this Act.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "29",
            "title": "29. Removal of difficulties.",
            "chapter": null,
            "content": "Note. - Ref : RRT 149/82/150, dated 22.7.1991- The matter of revoking operation of Section 25-A has been under careful consideration of Government.\nNote.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "30",
            "title": "30. Power to make Rules.",
            "chapter": null,
            "content": "(a) the manner in which any notice or copy of the draft statement may be served;\n(b) the manner in which the Deputy Commissioner shall exercise any of the powers under this Act;\n(c) the procedure and fees regarding appeal, revision or any other proceeding under this Act,\n(d) the agency through which the information is to be collected under Section 19.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        }
    ],
    "metadata": {
        "Act ID": "Last Updated 13th February, 2020 [ass361]",
        "Act Number": "(Assam Act No. 9 of 1961)",
        "Enactment Date": "",
        "Act Year": "1959",
        "Short Title": "Assam State Acquisition of Lands extent and Belonging to Religious or chartiable Institution of Public Nature Act, 1959",
        "Type": "STATE",
        "Location": "Assam"
    },
    "updated_at": "2026-09-29 21:55:18"
}