The Sylhet Tenancy (Amendment) Act, 1961
:Power of 28. (1) The State Government may make rules

'tt;i.te Go- for carrying out the purposes of this Act.
vc·nuReRt to
Jnakc rules.

(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 arc
so laid or the Session immediately following.

_:_ !

#### 1rr; I • -

ASSAM ACT No.XX.VI OF 1961

THE SYLHET TENANCY (AMENDMENT) ACT, 1961

(As passed by the Assembly)

(Received the assent of the Governor on the 27th December 1961)

[ flublishcd in the _Assam_ _Gazette,_ Extraordinary, dated the 28th December
1961. ]

_An_
_Act_

_further_ _to_ _amend_ _the_ _Sylhet_ _Tena11c11_ _Act,_ _1936_

. . Assam /let

l"rcamble, \VHEREAS it 1s expedient further to amend Xlof lli36,

!he Sylhet Tenancy Act, l\J~iG , hereinafter called

the Principal Act, in the manner hereinafter

appearing :-

#### It is hereby enacted in the Twelfth Year of the
Republic of India as follows :-

Short title 1. _( 1)_ This Act may be called the Sylhet Tenan-

and com- cy (Amendment) Act 1961.
menccment.                              - '

(2) It shall come into force at once.

(3) It shall have the like extent as the

Principal Act.

Amendment 2. In Section 3 of the Principal Act,-
ofSe tion 3
ef Assam Act

XI of 1936,

_( 1)_ in clause _( 16) ,_ the colon after the word

"person" shall be deleted and the following
words and colon shall be added, namely :-

"and includes a person who holds land of
another persoP "'nder the system known as


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"Chakran", "IGran", "Non-kar", "Etmander",

"Bhandari" or the like on condition of rendering
service to that person" :

(2) for the explanation, the following shall
be substituted,-

#### "Explanation.-A person who cultivates the
land of another person under the system gene-
rally known as 'Adhi', ' Barga' or 'Bhag' on condi-
tion of delivering a ~hare of the produce Lo that
person is not a tenant".

Amend.ment 5 ~. In section 5 of the Principal Act, in sub-

ooff n~ sscctam ionA'tsc ec tion (2), thC' . full-stop at the end shall be deleted

XI of 1936, and Lhe follow111g words and full -s lop shall be

added, namely :-

"and also includes a person who holds lands

of another person under the system known as

'Chakran', 'IGran', 'Non-kar', 'E lmander', 'Bhan-
dari' or the lik e on condition of rend ering ser-
service to that person : "

Deletion of 4. Section 2G of the Principal Act shall be
section 26 of deleted.
Assam A.cl
#### xr of 1936.

8ubstituti·m 5. For Section 30 of the Principal Act, the

o_f new sec- following section shall be subs ti Luted , namely :-
lion 30 of        -

Assam A.ct

XI 0 [1 ] 193f;,

" \!anner of ~O. ( 1) Every transfer shall he made .. hy regis      - Bengal Act

tr<&n,f~r anci tered instrument. except in the case of a beques t III of 1 !!13

notice to or a sale in execution of a decree or a certificate
landl ord.

signed und er the Bengal Public Demands Reco-
very _Act,_ 1913.

(2) A registering officer ::.i,all not admit for
registration any such instrument unless it is
accompanied hy-

(a) a notice giYing particulars of the trnns               -

fer in the prescribed form ; and

(b) l]J(' process fee prcscribC'd for the ser-
vice of ' such no lice on the landlord or
his common agent, if any.


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(3) Where any such instrument 1s admitted to

registration, the registering o fficer shall send to the
Deputy Commissioner the notice of the transfer in the
prescribed form, a nd the Deputy Com missioner shall
cause the notice to be served on the landlord named
in the notice or his common agent, if any, in the
prescribed manner :

.Provided that when a sole land lord .purchases

a holding or a share or a p ortion thereof no notice

need be served.

(4) Jn case:: of a bequest, the Court shall, before

granting a probate or letters of administration,

require the applican t rn file a notice givi ng particulars
of transfer in the prescribed form and to
deposit a process fee of the presci;ibed amount for
service on the landlord or his common agent, if any.

When probate or letters of administration have been
granted, the Court shall send to the Deputy Commi·s-

sioner the notice :
Provided that in case of a bequest by a Maho-

medan, where no probate is applied for, the executor
or legatee shall file the notice and deposit the process
fee in the Court of the Deputy Commi s~ ion e r ."

Deletion of 6. Section 31 of the Principal Act shall be deleted.
teetion • 31
of Assam

Ai:t XI of
19!56.

sybstitution 7. For section 32 of the Principal Act, thefo \l owing

~io~e~r :~~: section shall be substituted, namely :-

tion 32 of

Assam Act
XI of 1936,

.. Proccdur:: 32. (1 ) When the holding of an occupancy raiyat

on sale in or a portion or spare thereof is sold in execution of a
cs:ecution of decree or certificate signed under the Bengal Public Beng1\I Act

~rtifi~~~~ce, Dem'.1nds Recovery Act, 1913, other t.han a decree or III of 1913

or foreclosure certificate for arrears of rent due m respect of the
of mortgage. holding or dues recoverable as such, and neither the
purchaser nor the decree holder is the sole landlord,
the Court or the Revenue Officer, as the case may be,
shall before confirming the sale, require the purchaser
to file a notice giving particulars of the transfer in the
prescribed form and to deposit in addition to the
purchase money a process foe of the rrescribed amount.

(2) When a mortgage of a holding of an occu-
pancy raiyat .or of a portion or share thereof is fore·

dosed, and decree-hold er is not him self the sole
landlord, the Court shall, before making a dec1ee or
order absolute for the foreclosure, require the mort-

gagee to file a notice giving particulars of the transfer


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in the prescribed form and to depo~i t a prJce3s fee
of the pr,~sc ribed amount.

(3) If the purchaser fails to comply with the
order of the Court or Revenue Officer under sub-

section (1) within such time as may be specified in
the said order, the Court or the Revenue Officer may
make an order for the forfeiture of the purchaEe

money and for the re-sale of the holding or portion or
share thereof. If the mortgagee fails to comply with
the order under sub-section (2) within such time as
may be specified therein, the Court may make an
order for dismissal of the suit for foreclosure. ·

(4) When the rnle ha~ been confirmeq or the
decree or order absolute- for the foreclosure has been
made, tl1e Court ~hall senrl t0 the Deputy Commis-

sfoner the notice uf the sale or final foreclosure in the
prescribed form, and the Deputy Commissioner shall
cause the notice to be served on the landlord named
in the notice or his common agent, if any, in the
prescribed manner.
(5) After receipt of a notice of transfer under

section 30 or 32, the landLird shall not refuse to
recognise the transferee as the tenant in re;pect of the
holding or portion or share thereof transferred nor
omit to enter the transferee's name in the landlord '5

rent-roll in place of that of the transferor, or where
only a share or a portion of the transferer's interest has
been transferred,along with the name of the transferor:

Provided that such recog.nition shall not operate

as the admission of the am mnt or fixity of rent or of
the area or of any incident of such occupancy holding
or be deemed to constitute an express consent of the
landlord to the di vision of holding or to the distribu-

**tion of the rent payable in respect thereof:**
Provided further that if a transfer is subsequently

set aside or modified by a competent authority, the
party in whose favour such order has Leen made shall,

unless such order has been passed in a suit, appeal
or other proceedings to which the bndlord or the
entire body of landlords was a party, file with the
Deputy Commissioner a notice describing the modifica-
tions made by such order and deposit the prescribed
fee for the service of such notice. The Deputy
Commissioner shall cause the notice to be served on
the landlord named in the notice or his common agent,
if any, in the prescribed manner. The landlord, on
receipt of such notice, shall ca:.:se his rent-roll to be

c•rrccted accordingly."

Ddction of U. Section.33 of the Principal Act shall be deleted.
section 33 of
Alllam Act
XI of 1936.


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Dcleuon of 9. Section 35 of the Principal Ac t shall be tieleted
>Cction 35
of Assam
Act XI of
1936.

Amendment 10. In section 36 of the Principal Act-
of section
36 of Assam
Act XI of _(a)_ In sub-section (1) for the words and figure!

!1.'26, " ~ ections 30, 31, 33 and 35" the word and fi gures

"section 30., shall be substituted ; and

_(b)_ In sub-section (2) for the words and figures

"Sections 21, 30, 31, 33 and 35" and "Sections 30, 31,
33 and 35" che wcrds and figures ''sections 29 and 30"
shall resi ecti vely be sub ~ titu ted.

De:etion ot 11. Section 37 of the Principal Act shall be

1c-ction 37 deleted .
of Assam

Act XI of
!936.

                         - Amendment 12. In section 39 of the Principal Act for the
of section 39 figures and words "30 to 33 and 35 to 38" the figures
of Assam                                 -
Act XI of and words "30, 32, 36 and 38" shall be substituted.

\936.

Deletion of 13. Section 62 of the Prinr.ipal Act shall be
section 62 deleted.

of Assam
Act XI of
lq36.

luserti nn of 14. After section 214 of the Principal Act, thr

~~jyt~~ foll~win g Chapter shall be inserted, na mely:                            -

As.•a•n Act

## ·n "f 1936.

"CHAPTER XIII

Special provision for a person who holds lands of
another perscn under the system known as "Chak-
ran", "Kiran' ', "Non-kar", "Etmander" or "Bhan·

dari" or the like on condition of renderin g service to
that person.

Status of 215. Subject to the provi>ior.s of section 217, a per·

"~Kh~kra~", son who ·holds land of another person under the

"Nm,-hr'' iran ' ~ystem k nown as "Ch a k ran " , "K' iran " , "N on- ar k " ,

-<•p .• .., .. 'l.' "Etmander", "Bhandari", or the like, on condition
der'', of rendering service to that person, shall, for the

::,Bhant· purpose of this Chapter, be deemed to be a raiyat,

fike :S rtai~ and all the provisions of the foregoing Chapters of
yat. this Act shall apply except as hereinafter provided,


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# lsi

O?licatioll of 216. **(1)** The raiyat shall be under no obliga-
raiyat te pay tion to render such service as he used to do to
**rea t.** the landlord in respect of his land immediately
before the commencement of the Sylhet Tenancy
(Amendment) Act, 1961, but shall be liable to /
pay only money-rent in respect of his land at
the rate prevailing for land of similar nature and
description and with similar advantage in the
vicinity.

(2) In case of any dispute as regards rate
of rent payable under sub-section ( 1) the matter
shall be referred to the Court for decision.

Statm of 217. (1) Notwithstanding anything contained in

" Chakran", section 215 of this Act a person who holds land

"Kiran'', of another person , under the system known as

" ~on-ka,", "Chakran" "I<iran" "Non-kar" "Etmander"
**"Etinander"**         - ' '         - ' . '

a•d "Bhandari" , or the like , shall not be deemed to

"Bhandari" have acquired any tenancy right in respect of
or the like on the homestead land occupied by him within the

th~ home- Khanabari of the landlord.
stead land
within the
**Klaaaabari**

of the land-
lord, (2) In respect of such homestead land as
referred to in sub-section **(1),** the occupant shall,
notwithstanding any contract, usage , custom or
anything contained in section 143 (1) (c) of this
Act, be enlilled to continue in occupation of the
homestead land on payment of a reasonable
rent.

(3) In case the homestead land is required
by the landlord for his personal use, he may
resume the same provided that for such resump-
tion the landlord shall give notice in the manner
prescribed to the occupant for his intention to
do so:

Provided further that if the occupant has con-

structed a house in the homestead land at his
own cost for his dwelling purpose, the landlord
shall pay reasonable compensation to the occu-
#### pant before the land is actually resumed.

( 4) In case of any dispute as regards the
reasonableness of the rate of rent or the amount
of compensation the matter shall be referred to
the Court for decision.


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#### 152

(5) In determining the amount of eompen-

sa [ion under sub-secti on ( 4), the Court shall take
into consideration the cost of dismantling the
#### house and reconstructing it is another site includ-
ing the cost of removal of the marterials thereto

but not the value of the land used for such re-
construction".

/

**_f\GP_** 17 /64 Leg(A) -2,550 -24-9-70.


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