The Assam District Land Tribunal Act, 2025
The Assam District Land Tribunal Act, 2025
Chapter I Chapter I
1. Short title, extent and commencement
Preliminary
- (1) This Act may be called the Assam District Land Tribunal Act, 2025.
- (2) It shall extend to the whole of the State of Assam in protected areas for one or more districts notified under Chapter X of the Assam Land and Revenue Regulation, 1886 except for the Sixth Scheduled areas.
- (3) It shall come into force on the date of its notification in the Official Gazette.
Chapter I Chapter I
2. Definitions
In this Act, unless the context otherwise requires:-
- (a) "Member" means a member of the Tribunal;
- (b) “Person” means an individual, a family, joint family, trustee, company, body corporate, partnership firm, society or an association of individuals whether incorporated or not;
- (c) "prescribed" means prescribed by rules made under this Act;
- (d) “Regulation” means the Assam Land and Revenue Regulation, 1886;
- (e) “Rules” means the rules made under this Act;
- (f) "State Government" means the Government of Assam;
- (g) "Tribal Belts and Blocks" means such areas notified under Chapter X of the Assam Land and Revenue Regulation, 1886:
- (h) "Tribunal" means the District Land Tribunal constituted under this Act;
- (i) "Unauthorized Occupant” means any person or organization or a company or a body corporate in occupation, of lands in tribal belts and blocks, without the sanction or authority of the Government or such other authority duly authorised on it’s behalf;
- (j) “Year” means the Financial Year.
Chapter II CONSTITUTION, COMPOSITION AND TENURE OF MEMBERS OF THE TRIBUNAL
3. Constitution of District Land Tribunals
The State Government shall, by notification in the Official Gazette, constitute a District Land Tribunal for one or more districts for adjudication of disputes and enforcement of land rights under this Act.
Chapter II CONSTITUTION, COMPOSITION AND TENURE OF MEMBERS OF THE TRIBUNAL
4. Composition of the Tribunal
The Tribunal shall consist of the following Members, namely:-
- (1) The Member of the Tribunal, shall be a retired District or Additional District Judge, not exceeding 63 years on the Ist January of the year in which the appointment is made.
- (2) The Member Secretary for the Tribunal shall be the Revenue officer nominated by the Government, not below the rank of Assistant Commissioner.
Chapter II CONSTITUTION, COMPOSITION AND TENURE OF MEMBERS OF THE TRIBUNAL
5. Tenure and conditions of Service
- (1) The Member of the Tribunal shall hold office for such term as may be specified in the notification, ordinarily not exceeding five years or upto the age of 65 years whichever is earlier.
- (2) The Member shall be entitled to such honorarium, allowances and facilities as may be prescribed by the Government from time to time.
Chapter III Chapter III
6. Jurisdiction
Jurisdiction, Powers and Procedure for filing complaints
The Tribunal shall have the power and jurisdiction to entertain appeals and petitions and revise decisions in revenue cases arising under the provisions of the enactments specified in the Regulation and shall also have such power and jurisdiction as may be conferred on it by any other law for the time being in force by the Government from time to time.
Chapter III Chapter III
7. Powers of the Tribunal
The Tribunal shall have powers to:-
- (a) summon and enforce attendance of witnesses;
- (b) require production, inspection, scrutiny and verification of documents;
- (c) issue interim and final orders;
- (d) pass such orders, as the Tribunal deems fit and proper and as may be expedient and consistent with the provisions of this Act and extant regulations.
Chapter III Chapter III
8. Procedure for filing appeal revision and complaints
- (a) Any aggrieved person or persons may file an appeal or revision or complaint before the Tribunal in such procedure, as may be notified by the Government.
- (b) The Tribunal shall endeavor to dispose of all complaints within ninety days.
Chapter III Chapter III
9. Nature of Proceedings
- (1) Proceedings before the Tribunal shall be deemed to be quasi-judicial proceedings and revenue cases of judicial nature.
- (2) The Tribunal shall have the powers of a civil court under the Code of Civil Procedure, 1908, for the purposes of inquiry, enforcement and adjudication.
Chapter IV Chapter IV
10. Appeals
Appeals, Execution and Costs
- (1) An appeal shall lie under this Act:
- (a) to the District Land Tribunal, from any original order passed by any officer including the District Commissioner, and
- (b) to the Gauhati High Court from any original or appellate order passed by the District Land Tribunal.
- (2) Except in regard to orders relating to periodically settled land, an order passed on appeal under clause
- (a) of sub-section
- (1) above shall be final.
Chapter IV Chapter IV
11. Costs
In any proceeding, the District Land Tribunal may award such costs as it thinks fit and determine, by whom such costs are to be paid and where there are several persons liable, the amount to be paid by each such person. Any cost awarded by the District Land Tribunal shall be recoverable as if it were an arrear of land revenue.
Chapter V Chapter V
12. Protection of action taken in good faith
Miscellaneous
No suit or legal proceeding shall lie against the Tribunal or its Member or officer for acts done in good faith under this Act.
Chapter V Chapter V
13. Power to make rules
- (1) The State Government may, by notification in the Official Gazette, make rules consistent with the provisions of this Act, for carrying out the purposes of this Act save in regard to the matters specified in section 14.
- (2) All rules under this section shall be laid for not less than fourteen days before the Assam Legislative Assembly as soon as possible after they are made and shall be subject to such modifications as the Legislative Assembly may make during the session in which they are so laid or the session immediately following.
Chapter V Chapter V
14. Review of the orders of the Tribunal
The Tribunal may, either on its own motion or on the application of any party interested, within 30 days, review its own decision or order in any case and pass in reference thereto such order or orders as it thinks fit: Provided that no such application made by any party shall be entertained unless the Tribunal is satisfied that there has been a discovery of a new and an important matter or evidence which after the exercise of due diligence was not within the knowledge of such party, or could not be produced by him, at the time when its decision was made, or there has been some mistake or error apparent on the face of the record, or for any other sufficient reason: Provided further, that no such order shall be varied or revised unless notice has been given to the parties interested to appear and an opportunity has been given to be heard in support of such order within 30 days.
Chapter V Chapter V
15. Removal of difficulties
If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make such provisions not inconsistent with this Act and extant regulation as appear to be necessary for the removal of the difficulty.
Chapter V Chapter V
16. Repeal and Savings
- (1) Section 169 of the Assam Land and Revenue Regulation, 1886 is hereby repealed.
- (2) Notwithstanding such repeal:
- (a) any rule made, any order issued, any notification published, any proceeding commenced, any action taken, or anything whatsoever done under the section repealed, shall continue and be deemed to have continued and have effect as if made, issued, published, commenced, taken or done under the provisions of this Act;
- (b) any action taken, order made or other acts and things done by any officiating or purporting to act under the Acts repealed shall be valid and shall be deemed always to have been valid and shall not be called in question in any court on the ground of incompetency of the Officer to act under the Act repealed.
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