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THE BIJNI SUCCESSION ACT, 1931
The Bijni Succession Act, 1931
Sections
An ACT
Section 1Section 1. Short title
Section 1Section 2
Section 2Section 2(1)
Section 2Section 2(3)
Section 2Section 2(3)
Section 2Section 2(4)
Section 2Section 3. Impartibility of the Bijni Raj
Section 3Section 4(1)
Section 4Section 4(2)
Section 4Section 4(3)
Section 4Section 5
Section 5Proviso to Section 5
Section 5Further Proviso to Section 5
Section 5Section 6
Section 6Section 7. Provision in case of failure of nomination
Section 7Section 8. Conclusiveness of nominations and appointment
Section 8Section 9. Provision for temporary administration of the Raj when there is no Holder
Section 9Section 10(1)
Section 10Section 10(2)
Section 10Section 10(3)
Section 10Section 10(4)
Section 10Section 11(1)
Section 11Proviso to Section 11(1)
Section 11Section 11(2)
Section 11Section 12(1)
Section 12Proviso to Section 12(1)
Section 12Section 12(2)
Section 12Section 13
Section 13Schedule - SCHEDULE
Section 30
the-bijni-succession-act-1931.json
•
30 Sections
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Assam
{
"id": 3536,
"slug": "the-bijni-succession-act-1931",
"title": "THE BIJNI SUCCESSION ACT, 1931",
"short_title": "The Bijni Succession Act, 1931",
"act_number": "II",
"act_year": 1931,
"act_type": "STATE",
"location": "Assam",
"law_status": "valid",
"enactment_date": "1931-05-20",
"description": "The Bijni Succession Act, 1931",
"preamble": "",
"section_label": "Section",
"sections": [
{
"number": "1",
"title": "An ACT",
"chapter": null,
"content": "An Act to regulate the Succession in the Bijni Raj\nWHEREAS it is expedient to declare and supple- ment the customary law of succession in the group of estates known as the Bijni Raj in Assam with a view to the prevention of disputes and the preservation of the Raj.\nAND WHEREAS the previous sanction of the Governor-General has been obtained under sub-section 3 of section 80A of the Government of India Act to the passing of this Act;\nIt is hereby enacted as follows:-",
"footnote": "For Statement of Objects and Reasons, see Assam Gazette, 1931, Part V, page 25\nfor Precordings in Council, sve Assam Gazette, 1931, Part VI, pages 49, 163-379.",
"is_definition": false,
"sort_order": 0
},
{
"number": "1",
"title": "Section 1. Short title",
"chapter": null,
"content": "1. This Act may be called the Bijni Succession Act, 1931.",
"footnote": "",
"is_definition": false,
"sort_order": 10
},
{
"number": "2",
"title": "Section 2",
"chapter": null,
"content": "2. In this Act,-",
"footnote": "",
"is_definition": false,
"sort_order": 20
},
{
"number": "2",
"title": "Section 2(1)",
"chapter": null,
"content": "(1) \"the Bijni Raj\" or \"the Raj\" means the group of estates specified in the Schedule annexed to this Act, together with all additions and accretions to the property comprised there- in that may have been or may hereafter be made from time to time by or on behalf of the Holder of the Raj and includes any securities held by him or on his behalf;",
"footnote": "",
"is_definition": false,
"sort_order": 30
},
{
"number": "2",
"title": "Section 2(3)",
"chapter": null,
"content": "(3) \"family\" means the Bijni Raj family;",
"footnote": "",
"is_definition": false,
"sort_order": 40
},
{
"number": "2",
"title": "Section 2(3)",
"chapter": null,
"content": "(3) \"the Holder of the Raj\" or \"the Holder\" means the owner of the Raj; and",
"footnote": "",
"is_definition": false,
"sort_order": 50
},
{
"number": "2",
"title": "Section 2(4)",
"chapter": null,
"content": "(4) \"prescribed\" means precribed by this Act or by rules under this Act.",
"footnote": "",
"is_definition": false,
"sort_order": 60
},
{
"number": "3",
"title": "Section 3. Impartibility of the Bijni Raj",
"chapter": null,
"content": "3. The Bijni Raj is hereby declared to be an impartible estate descendible to a single male Holder according to the provisions of this Act.",
"footnote": "",
"is_definition": false,
"sort_order": 70
},
{
"number": "4",
"title": "Section 4(1)",
"chapter": null,
"content": "4. (1) Raja Jogendra Narayan Etup of Bijni is hereby declared and shall during his life-time be the Holder of the Raj with title dating from his nomination to the successión made by Rani Abhayeswari Debi on the 28th September 1895.",
"footnote": "",
"is_definition": false,
"sort_order": 80
},
{
"number": "4",
"title": "Section 4(2)",
"chapter": null,
"content": "(2)Upon the death of the said Raja the Holder of the Raj shall be the person now known as Kumar Bhairabendra Narayan Deb, son of late Chandra Narayan Dels;\nor, in the event of the said Kumar predeceasing the said Raja, the person who, in the opinion of the Governor of Assam, is the nearest surviving male descendant in the eldest surviving male line of the said Kuinar\nor, failing any such descendant, therson who, in the opinion of the Governor of Assam, is the eldest of the nearest surviving male agnates of the said Kumar.",
"footnote": "",
"is_definition": false,
"sort_order": 90
},
{
"number": "4",
"title": "Section 4(3)",
"chapter": null,
"content": "(3) From and after the death of the Holder succeeding to the Raj under sub-section (2), the succession shall be determined by nomination or appointment as hereinafter provided.",
"footnote": "",
"is_definition": false,
"sort_order": 100
},
{
"number": "5",
"title": "Section 5",
"chapter": null,
"content": "5. Nominations to the succession may be made, in the prescribed ananner, by the following persons and in the following order of precedence, namely:-\n(a) by the Holder during his life time;\n(b) after his death and in accordance with the written directions, if any left by him;\n( ) by his mother;\n(ii) by his widow, or if there be more widows than one, the principal widow;\n(ii) by the senior lady of the family:",
"footnote": "",
"is_definition": false,
"sort_order": 110
},
{
"number": "5",
"title": "Proviso to Section 5",
"chapter": null,
"content": "Provided that such senior lady shall not be entitle to nominate if the widow or the mother is alive and of sound mind, and the widow shall not be entitled to nominate, if the mother is alive and of sound mind:",
"footnote": "",
"is_definition": false,
"sort_order": 120
},
{
"number": "5",
"title": "Further Proviso to Section 5",
"chapter": null,
"content": "Provided further that no person shall be entitled to nominate who is not of full age and of sound mind.",
"footnote": "",
"is_definition": false,
"sort_order": 130
},
{
"number": "6",
"title": "Section 6",
"chapter": null,
"content": "6. Every nomination made under section 5 shall be submitted, within the prescribed time, to the Governor of Assam who, if in his opinion it is in accordance with the provisions of this Act and with the custom of the family, shall confirm and upon such confirmation, but not otherwise, the nomination shall become valid,\nand the person nominated shall-\n(a) if the nomination is marle by the Holder under clause (a) of section 5, and the nominee survives the Holder, then, as from the death of such Holder,\n(b) if the nomination is made after the death of the Holder under clause ( ) of section 5, then, as from the date of nomination.\nbe the Holder of the Raj.",
"footnote": "",
"is_definition": false,
"sort_order": 140
},
{
"number": "7",
"title": "Section 7. Provision in case of failure of nomination",
"chapter": null,
"content": "7. If no nomination, or no nomination which, in the opinion of the Governor of Assam, is in accordance with the provisions of this Act and with the custom of the family is submitted within the prescribed time, the Governor of Assam may appoint to the succession the person who in his opinion has the best claim thereto according to the custom of the family, and the person so appointed shall be the Holder of the Raj from the date of appointment.",
"footnote": "",
"is_definition": false,
"sort_order": 150
},
{
"number": "8",
"title": "Section 8. Conclusiveness of nominations and appointment",
"chapter": null,
"content": "8. The publication in the [official gazette] of a nomination confirmed or an appointment made made by the Governor of Assam and purporting to have been confirmed or made under this Act shall be conclusive proof of the title to the Raj, with eflect from the the person nominated or appointed, as the case may be, provided he is alive on such date.",
"footnote": "1. Substituted by the A. O. 1937 for \"gazutte\"",
"is_definition": false,
"sort_order": 160
},
{
"number": "9",
"title": "Section 9. Provision for temporary administration of the Raj when there is no Holder",
"chapter": null,
"content": "9. If any Holder dies without nominating his successor, the person entitled to make the nomination under clause (b) of section 5 shall be entitled temporarily to take possession of and adminis er the Raj, pending the confirmation of the nomination or pending the appointment, as case may be, of the next Holder but in such case he shall so possess and administer the Raj for the benefit of the incoming Holder and shall be deemed to be under an obligation in the nature of a trust within the meaning of Chapter IX of the Indian Trusts Act, 1882.",
"footnote": "",
"is_definition": false,
"sort_order": 170
},
{
"number": "10",
"title": "Section 10(1)",
"chapter": null,
"content": "10. (1) Without the previous sanction of the Governor of Assam, it shall not be lawful to sell, mortgage, divide, or in and other way transfer the Raj or any portion thereof or any interest therein otherwise than by lease for a term not exceeding 30 years.",
"footnote": "",
"is_definition": false,
"sort_order": 180
},
{
"number": "10",
"title": "Section 10(2)",
"chapter": null,
"content": "(2) Any transfer made in contravention of sub-section (1) shall be void and no claim for any sum paid to the Holder in connection with any such transfer shall be enforceable ag against the Raj.",
"footnote": "",
"is_definition": false,
"sort_order": 190
},
{
"number": "10",
"title": "Section 10(3)",
"chapter": null,
"content": "(3) Where any transfer has been made in contravention of sub-section (1), then notwithstanding anything contained in the Indian Limitation Act, 1908, any Holder may bring a suit for the recovery of the property transferred within 13 years from the date of the death of the transferor, or if on such date he is subject to any legal disability, within 3 years from the cessation of such disability, whichever of the two is the longer period.",
"footnote": "Act IX of 1908.",
"is_definition": false,
"sort_order": 200
},
{
"number": "10",
"title": "Section 10(4)",
"chapter": null,
"content": "(4) Without the previous sanction of the Governor of Assam neither the Rai nor any portion thereof nor any interest therein may be attached or sold in execution of any decree or order or other process of law.",
"footnote": "",
"is_definition": false,
"sort_order": 210
},
{
"number": "11",
"title": "Section 11(1)",
"chapter": null,
"content": "11. (1) Nothing in this Act shall affect the provisions of the Land Acquisition Act, 1894:",
"footnote": "Act I of 1894.",
"is_definition": false,
"sort_order": 220
},
{
"number": "11",
"title": "Proviso to Section 11(1)",
"chapter": null,
"content": "Provided that say compensation paid to the Holder for any land appertaining to the Raj that may be acquired under the said Act shall, so far as may be, be subject to all the provisions of this Act in the same manner as if such compensation were a part of the Raj.",
"footnote": "",
"is_definition": false,
"sort_order": 230
},
{
"number": "11",
"title": "Section 11(2)",
"chapter": null,
"content": "(2) Nothing in tis Act shall affect the provisions of the Bengal Court of Ward Act, 1879, as in force in Assam, and the Holder the Raj shall notwithstanding anything contained herein, be deemed to be the proprietor of an estate within the meaning of the said Act.",
"footnote": "B.C. Act IX of 1879",
"is_definition": false,
"sort_order": 240
},
{
"number": "12",
"title": "Section 12(1)",
"chapter": null,
"content": "12 (1) From and after the death of Raja Jogendra Narayan Bhup of Bijni, every Holder succeeding to the Raj shall pay pay such succession fee as the Governor of Assam may fix, having regard to the circumstances of each succession and, in particular, to the period of time that has elapsed since the payment of the last fee as also to any estate duty or other similar duty to which such Holder may be liable under any other law:",
"footnote": "",
"is_definition": false,
"sort_order": 250
},
{
"number": "12",
"title": "Proviso to Section 12(1)",
"chapter": null,
"content": "Provided that in no case shall the fee exceed 5 per cent of the amount which, in the opinion of the Governor, represents the market value of the property comprised in the Raj at the ti of the death of the previous holders.",
"footnote": "",
"is_definition": false,
"sort_order": 260
},
{
"number": "12",
"title": "Section 12(2)",
"chapter": null,
"content": "(2) The succession fee shall be paid within the prescribed time and in the prescribed manner, and if unpaid, shall be recoverable as an arrear of land revenue.",
"footnote": "1. Sec 12A inserted by the A.O. 1937 Omitted by the A.O. 1950.",
"is_definition": false,
"sort_order": 270
},
{
"number": "13",
"title": "Section 13",
"chapter": null,
"content": "13. The [State Government] may by notification make rules providing for-\n(a) the time and manner of making nominations and of submitting them for confirmation;\n( ) the publication of nominations before and after confirmation:\n(c) the temporary administration of the Raj in cases not provided for in section 9; and\n(d) the time and manner of payment of succession fees; and generally to carry out the pur poses of this Act,",
"footnote": "1, Substituted by the AO 1950 for \"Provincial Government\" which was substituted by the AO 1937 for \"L, G\".",
"is_definition": false,
"sort_order": 280
},
{
"number": "30",
"title": "Schedule - SCHEDULE",
"chapter": null,
"content": "1. The estate in the permanently-settled parganas of Halraghat and Khutaghat in the district of Goalpara bearing No.1 in the Collector's rent roll, assessed with the sudder jama of Rs.2,355-1 per year, and covering an approximate area of 943 square miles.\r\n2. The estate known as the \"acknowledged estate of the Raja of Bijni\" in the Bijni Duar in the district of Goalpara covering an approximate area of 1,30,000 acres,\r\nand bounded on the-\r\nNorth. By the line demarcated by Samudra Narayan Das, Kanungo, beginning from the Daisong river about a mile above the village Subltaijhar and running east till it reaches the Sokangkari river, thence along the said river to its junction with the Manas river.\r\nEast. By the district of Kamrup.\r\nSouth. By the pargana of Khutaghat.\r\nWest. By the Dondonga, Daichang Jhara, Kanamakra and Aie rivers,\r\n3. The estate known as the Bijni. A Mahal inclu- ded in the Garo Hills district and comprising the follo- wing blocks-\r\n(i) Khokhol.\r\n( ) Belpara.\r\n(in) Manikganj\r\n(iv) Bengsi.\r\n( ) Chitook.\r\n( ) Bhagabata.",
"footnote": "",
"is_definition": false,
"sort_order": 290
}
],
"metadata": {
"Act ID": "193102",
"Act Number": "II",
"Enactment Date": "1931-03-27",
"Act Year": "1931",
"Short Title": "The Bijni Succession Act, 1931",
"Department": "Assam Legislative Department",
"Type": "STATE",
"Location": "Assam"
},
"updated_at": "2026-09-29 21:55:17"
}