The Assam (Temporarily Settled Districts) Tenancy (Amendment) Act, 1953
### ASSAM AC T XXVII OF 1953

TH E ASSAM (TEM PORARY-SE TTLED DIST ­

RICT S) TENANCY (AMENDMENT) AC T, 1953

(Passed by the Assembly)

**(R ec eived th e ass ent o f the Pre siden t on th e 10th Sep tem ber 1953)**

[Published in the Assam Gazette, dated the 23rd September 1953]

_An_

_Act fu rt her_ _to amend_ _the Assam_ _{Temporarily-Settled_

_Districts')_ _Tenancy Act, 1935_

Prtam ble. Whereas it is expedient to amend further the Assam Act H i

Assam (Temporarily-Settled Districts) Tenancy Act, of 1935.

1935, hereinafter called the principal Act, in the

manner hereinafter appearing.

It is hereby enacted as follows—

Short title, T (-0 This Act may be called the Assam (Tern-

extent and porary-Settled Districts) Tenancy (Amendm ent) Act,

**commence-** 1953.

**ment.**

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

Act.

(3) It shall come into force at once.

**Amendment** 2. In section 2 of the principal Act—
**of lection 2 of**
**Assam Act III**
**of 1935.**

(1) In the explanation to clause _(g') of sub­_

section (1) after the words “ the New Lease Rules” ,
the words “ though now assessed with full revenue”,
shall be inserted.

(2) In clause (a) of sub-section (2) the bracket

and the words “ excluding the Mikir Hills Tracts, as
notified from time to time ” shall be deleted.

(3) In sub-section (3) the word “ other ” shall

be inserted after the word “ any ” appearing for the
second time in the second line and the words “ or to
any temporarily-settled are a in the excluded portions
of the districts mentioned in sub-section (2) above”
shall be deleted.

(4) In the proviso (i) to sub-section (3)—

(a) the num ber (t) before the proviso shall

be deleted ;

(Z>) a “ full stop ” shall be put after the

word “ manner ” occurring in the last
line, and the word “ and ” occurring

thereafter shall be deleted.

(5) In the proviso to sub-section (3), item («)

shall be d eleted.

_[ Price annas 2 or 2d.]_


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**Amendment** 3. For sub-section (17) of section 3 of the princi-

Aiwm AcHII Act, the following shall be substituted, namely—

**of 1935.**

“ (17) ‘Maximum ren t or rate of re nt’ of agricul­

tural holdings or part thereof, held on cash rent means
a sum representing three times the revenue rate.
Where agricultural holdings or part thereof are held

on produce ren t, “ maximum rent” means one-fourth
of the actual produce thereof.”

**Amendment** 4. In section 5 of the principal Act—
**of section 5 o f**
**Assam Act III**
**of 1935.** (1) In sub-section (1) the figure “ 20” shall be

substituted by the figure “ 12”.

(2) In sub-section (3) the figure “ 20” and the

words “ this Act” shall be substituted by the figure

“ 12” and the words “ the Assam (Temporary-Settled

Districts) Tenancy (Amendment) Act, 1953” respec­

tively.

**Substitution** 5. For section 11 of the' principal Act, the

**of section 11 o f**

**Assam Ac t III** following shall be substituted, namely—

**of 1935.**

**’Right** **of** 11. A privileged raiyat shall have an unrestricted

**transfer.** right of transfer in respect of his holding, but no

transfer shall be binding on the landlord until a
written notice thereof has been given to the landlord :

Provided that the right of a privileged raiyat

holding under a religious institution such as a temple,
Satra or mosque shall be restricted to transfer to per­
sons belonging to the same religion as the institution
in which the ownership of the land is vested. ”

**6 .** In section 13 of the principal Act—

**Amendment**
**of section 13 of** (1) clause (a) of sub-section (1) shall be
**Assam Act HI** deleted.
**of 1935.**

(2) In clause (Z>) of sub-section (1) the words

“ in all other cases” shall be deleted.

(3) In sub-section (2) the words “30 years

an d” and the word “ respectively” occurring in the first
line shall be deleted and the words “ this Ac t” occur­
ring in the last line shall be substituted by the words
“ the Assam (Temporary-Settled Districts) Tenancy
(Amendm ent) Act, 1953” .

(4) For the illustration after the proviso to sub­

section **(6 J,** the following shall be substituted, namely—

_“Illustration.—-When a person holds_ lan d as a

raiyat, say, for seven years, then under the system
mentioned in this sub-clause for four years, and there­
after again for a further term as a raiyat, occupancy
right shall not accrue unless such further term extends
to a period of not less than five years.”


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**Substitution** **7.** For sections 19 and 20 of the principal Act, the

and[eCt]2o"[S] of[9] ^°^[o w] *n g shall be substituted, namely—

**Assam** **Act**

**II I of 1935.**

**“ Right** **of** 19. An occupancy raiyat shall have unrestricted

**transfer.** right of transfer in respect of his holding but no transfer
shall be binding on the landlord until a written notice
thereof has been given to the land lord:

Provided that the right of an occupancy raiyat

holding under a religious institution such as temple,

Satra or mosque shall be restricted to transfer to persons
belonging to the same religion as the institution in which
the ownership of the land is vested.

**Right of sub-** **20.** An occupancy raiyat shall have right of

**letting.** subletting his holding or any part of it to persons to

whom he could validly tranfer it under section 19.”

**Amendment** **8.** In clause (6) of section 22 of the principal

**of section 2 2** Act, for the words “four annas” the words “ three

**of Assam Act** annas” shall be substituted.
**I ll of 1935.**

**Substitution** 9. For section 30 of the principal Act, the following
**of section 30** shall be substituted, namely :—
**of Assam Act**
**III of 1935.**

“ 30 This chapter applies to raiyats who have

not acquired the rights either of a privileged raiyat

or of an occupancy raiyat and who are in this Act

referred to as non-occupancy raiyats” .

**Amendment** 10. In the proviso to section 33 of the principal
**of section 33** Act, for the words “this Ac t” and “ten years” the
**of Assam**

A **Act II I** **of** words “ the Assam (Temporary-Settled Districts)

**1935.** Tenancy (Amendm ent) Act, 1953” and “five years” shall

_i_ respectively be substituted.
1.

it **Amendment** 11. In section 35 of the principal Act, for the

**of section 35** words “ three years” the words “ two years” shall be
**of Assam Act** substituted.
**III of 1935.**
**Amendment** 12. In section 38 of the principal Act, the “full
**of section 38** stop” at the end shall be deleted and the following
**of Assam Act** shall be added, namely :—

**III of 1935.**

“ but it shall not exceed, in any case, the rent

paid by his imm ediate landlord to the latter’s landlord
by more than 50 p er cent” .

**Amendment** 13. In the proviso to section 39 of the principal
**of section 39**

**of Assam Act** Act,
**II I of 1935,**

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(j) for the words ‘this Act’ and ‘ten years’ the

words ‘the Assam (Temporary-Settled Districts) Tenancy

(Amendm ent) Act, 1953 and ‘five years’ shall respectively
be substituted.

(it) the words “ under a privileged raiyat” shall be I

Amendment omitted.14. In the proviso to section 42 of the principal 1
of section 42
of Assam Act Act, the words “ held under a privileged raiy at” shall

IH of 1935. be deleted.

Amendment 15. In the proviso to section 63 of the principal
of section 63
of Assam Act Act, the words “ of a privileged raiyat’s rights” shall be
H I of 1935. deleted.

Amendment 16. In section 109 of the principal Act •—
of section 109

n i^ o fm ^ [1] (1) i[n] sub-section (1) the words “ if the tenant be a

privileged raiyat or an occupancy raiyat” shall be

deleted.

(2) for the proviso to sub-section (1) the following

shall be substituted, namely :•—

“ Provided that in the case of a holding in an estate

pertaining to a religious institution , if the highest

bid be that of a member of a different religion from

the one to which the institution belongs the landlord

shall have the option, to be declared in writing to the

Court within 30 days of the sale, of purchasing the

holding at the highest bid.”

(3) for sub-section (2) the following shall be substi­

tuted, namely

“ (2) Notwithstanding anything contained in sub­

section (1) above, the Court may, on the application I
of the landlord, proceed to execute the decree against

the person or any other pro perty of the defaulter.”

Amendment 17. (1) After sub-section (1) of section 114 of the

of section 114
of Assam Act principal Act, the following shall be inserted as sub-
III of 1935. section (2), namely :—

“ (2) Notwithstanding anything contained in sub­

rule (2) of Rule 66 of Order XXI in Schedule I to the
said Code it shall not be necessary for the Court to draw-
up the sale proclamation after notice to the judgment-
debtor in the case of lands ordered to be sold for

arrears of rent due in respect thereof.”


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(2) Existing sub-sections (2) and (3) shall be renum­

bered as sub-sections (3) and (4) respectively and at the
end of clause _(b) of sub-section (3), so renum bered the ‘full-_
stop’ shall be substituted by a ‘comma’ and the word “ an d”

and the following shall be inserted as clause (c) namely :—

“ (c) by sending in the prescribed form by registered

## I post to the jud gment-debtor a concise statement of the

order of attachm ent and proclamation at the time of issue

!

of the order of attachm ent and proclamation.”

Am endm ent 18. In sub-section (3) of section 121 of the principal

of section 121 Act, for the words ‘six months’ the words ‘ninety days’

III oF ilV s [C t] be substituted.

Ame ndme nt 19. In sub-section (1) of section 123 of the principal

of section 123 A ct,

of Assam A ct ,

II I of 1935.

(1) for clause (c?) the following shall be substituted

namely :—

“ (</) shall increase the rate of interest payable cn

arrears of rent as laid down in section 59.”

(2) In clause ( g ) for the words and brackets “hall

(or in the case of jute, one-third)” the words “ one-fourth”

shall be substituted.

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A G .P . (l eg.) No.24/54—1125—22-6-1954.


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