The Assam (Temporarily Settled Areas) Tenancy (Amendment) Act, 1974
ASSAM ACT XV III OF 1974

(Received the assent of the Governor on the 27th May, 1974)

THE ASSAM (TEM PO RA RILY SETTLED AREAS) TENANCY

(AM ENDMENT) ACT, 1974

[ Published in the Assam Gazette, Extraordinary, dated the 11 th

Ju ne 1974]

An

Act

to amend the Assam (Temporarily Settled Areas) Tenancy Act, 1971

**Preamble.** WHEREAS it is expedient to amend the Assam **Assam Act**

(Temporarily Settled Areas) Tenancy Act, 1971,

hereinafter called the principal Act in the manner
hereinafter appearing ;

It is hereby enacted in the Twenty-fifth Year

of the Republic of the India as follows:—

Short title, 1. (1) This Act may be called the Assam

extent and (Temporarily Settled Areas) Tenancy (Amendment)
commence- A c t [, j] 9 7 4 [.]

ment.

(2) It shall have the like extent as the principal

Act.

(3) It shall come into force at once.

Restoration 2. After Section 54 of the principal Act the
of possession following shall be inserted as new Section 54 A,
to tenant namely:—

or un der­

tenant

ejected or “54 A. (1) Without prejudice to any provision
whose culti­ in any oth er law for the time being in force rela­
vation is ting to restoration of possession, whenever a tenant
prevented.

or under-tenant referred to in Section 20 of this

Act is ejected or caused to be ejected from his

holding except in execution of a decree for eject­
ment passed by a com petent Civil Court or when­

ever the cultivation of land by a ten ant or under­
ten ant is terminated or caused to be terminated by
the landlord or by anybody else, then the tenant
or under-tenant concerned may apply to the Revenue
Officer having jurisdiction in the area within 90

days of such ejectment or termination, as the case

may be, or in case where such ejectment or ter­

mination has taken place after the com ing into

force of the Assam ( Tem porarily Settled Areas)

Rs. OTO Paise only


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Tenancy Act, 1971, but before the coming into

force of the Assam ( Temporarily Settled Areas )
Tenancy (Am endment) Act, 1974, within 90 days
from the date of coming into force of the Assam

(Temporarily Settled Areas) Tenancy (Amendm ent)

Act, 1974, for restoration of possession and the

Revenue Officer may, after such enquiry as he may

find it necessary and after issuing notice to the

landlord or the person preventing the cultivation

of land by the tenant or under-tenant, order oi
direct that the tenant or under-tenant be restored
to the possession of the land.

. (2) On the order passed under the preceding

sub-section becoming final under sub-section (2)

of Section 67, the landlord or any other person
against whom the order is passed shall immediate

ly restore possession to the tenant or under-tenante,
as the case may be, If the landlord or the person,

against whom the ord er is directed, does not res­
tore the possession within 7 days from the date of
the order becoming final then the Revenue Officer,
on application by the tenant or under-tenant con­

cerned, shall himself take possession of the holding
and deliver it to Such ten ant or under-tenant, as
the case may be.”

3. After clause (d) of Section 66 of the prin­

cipal Act, the following shall be inserted as a

new clause, viz :—

. “ (e) Claims to restoration of possession under

Section 54 A.”

4. Existing Section 67 of the principal Act

shall be renumbered as sub-section (1) of Section
67 and thereafter the following shall be inserted

as a new sub-section viz :—

“ (2) The appellate order of the Assam Board

of Revenue, the order of the Deputy Commissio­
ner or the Settlem ent Officer when no appeal is

preferred, the appellate ord er of the Deputy

Commissioner or the Settlem ent Officer, the order
of the Revenue Officer including order passed by
him in exercise of delegated power of the Deputy
Commissioner or Settlement Officer when no appeal
is filed shall be final.”

_I_

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