The Sylhet Tenancy (Amendment) Act, 1970
### ii

insertion.of _4._ After seclion 182 of the principal Act, ' the

~~~ !~~ 1 fa: following new sections shall be inserted, namely:-

in Assam Act
I of 1929.

'                                  -
" 183. ( 1) The Assam Adhiqn Protection and Regula-
tion Act, 1948, so far as it applies to the area5 in \\ hich
the principal Act (The Goalpara Tenanc)' Ac_t, 1929)
is applicable, is hereby repealed.

(2) On such rer«'l.l, ~11 the prov1s1ons of this

Act shall be ap plicable t'o the Adhiars within the

meaning of the A ~ rnm Adhiars Protection and Regula-

tion Act, 1948 hereby repealt d and suc.h Adhiars will

;.cquire the stat us · of an under-raiyat with or without

a limited right of occupancy as the case may be, under

lhis Act.

184. On the repeal of the Assam Adhiars Protection
and Regulation Act, 1948. -

(1) The Adhi Conciliation Board shall be

deemed . to have tieen aboli ,hed and all tte me mbers
thereof and the officers working therein shall be
deemed to have relinquished their, po~ts as members of

.officers, as the case may be, of the Board .

. (2) All the proceedings per,ding before the Adhi

Conciliation Board shall stand transfo red to the Civil
Court competent to entertain and dispose of the matter

a~ if the proceedings were rent ' uits bctwe:en the par-
ties and the Court shall proceed to dispose of tl>e same
as rent suit.''

ASSAM ACT V OF 1971 .

(Received the assent of the Governol' on the 3rd February 1971)

###### THE SYLHET TENANCY (AMENDMENT) ACT
 1970

[Published in the Assam _Ga;;,ette_ Extraordinary, dated the 9th February 1971)

_An_

_Act_

_further_ _to_ _amend_ _the_ _Sylhet_ _Tenancy_ _Act, 1936._

Preamble. Whereas it is expedient further to amend the Sylhet Actuz Act

Tenancy · Act, 1936, hereinafter cdlled the prinoipt\l XI of 1V06,

Act, in the manner hereinafter ap~earini i


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I t is hei eby enacted in the Twenty-first Year of the

Republic cf Indi" as follows:-

8hort title, 1. (1) This Act m ay be called the Sylhet Tenancy
extent and (A.mendment) Act, 1970.
commence-

ment,

(2) It sh 3. ll h ave the likt extent a> the principal
Act ,

(ii) ) ish,dl come into force at once.

Amendm ent
of sectio n l 2. In section 1 of the principal Act, tl!e Explana-
of Allam tion shall be subs:ituted as follows ,-

A.ct XI '

19361

_"Explanation :-Purposes_ ancillary to special cultiva•

tion shall mean the following:-

(i) land used for factory buildings

(ii) land used for staff buildings including' Jabour

Jines ;

(iii) land used for roads, bridges and drain w 1~hi n

the tea estates ;

(i ;) land used for n Ltrseries including shade trees J

,,

(v) land used for hospitals, dispensaries, creche

2nd recreation club;

1vi) land used for any other buildings made uy

the management under other law in force ;

\_Vii) land Used for seed barJ.·l.


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Am!ndment 3. In section 3 of the principal Act,--·

of section 3
of Assam .

Act XI of

19.fo. '

(1) In sub-section (16),-

_(a)_ after the words " to that person" occurring at

the end, the following shall be addeL!

###### namely:-

''and also includes a pason who cultivates the land
of another person under the system generaily known as
'Adhi' (whether Guchiadhi or Gutiadhi), 'Barga',

or 'Bhag', 'Ghukti' er 'Chukani', on condition of
delivering a share 0f the produce of such land to that
person."

##### •

(b) The Explanation shall be deleted and the

following shall be inserted as second proviso, namely: -

. "Provided fu rther that labourers employed for
personal cultivation shall not be deemed to be tenant."

(2:. in sub.section (18),-

(a) after the· word "tenant'~ occurring at the

end, the following shall be added, namely z-

"and shall include the share of crop deliverable

##### t.r a tenant."

(b) The following shall b' inserted as explana·

tion, namely:-

"Explanation.-Share of crop will be determined

by mutual agreement between landlord and the
tenant:

Provided that the landlord's share shall not
exceed one-fifth of the principal crop."

(3) after sub·section (28), the following shall
be inserted as sub-sections ( 29), (30), (31) and (32) #

. namclyz-

" (29) 'Principal crop' shall mean only one crop
for each agricultural year as may be agreed upon

mutually between the landlord and the tenant:


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Provided that where there· is no agreement, tne
principal crop shall be only one agricultural crop
grown in each agricultural year in the local area
specified as follows:- ,

###### In the district of Cachar-Sali or such local name
generally used in respect for paddy known as winter
paddy, the harvesting of which is done in the months
of December~ .January and February corresponding
to Pausa, Magha and Phalguna."

" ( 30 ) 'Money rent' in relation to rent
payable in crop share for purpose of deposit into
Court and for calculation of arrear rent is the mooey
value of the crop deliverable by a tenant to a land-
lord and such money value shall be computed on

the basis of the market value of that crop prevailing
at the time of harvesting in the locality concerned."

" ( 31 ) 'Personal cultivation' means cultiva-

tion by the pers0n himself, or by member of his

family or by his hired labourers on fixed remun eration
payable in cash or kind but not in crop share, under
personal supervisions of the person himself or "ay
member of his family:

Provided it is accompanied by the bearing of
risks of r.ultivation by the owner and by residence
in the village in which the land is situated or nearby
village or town within a distance of 5 miles during the
greater part of the agricultural season:

l~rovider:l that in the case of .. a person who is

a widow or a minor or is subject to any physical
or ment~l di ~ ability or is a mcmt er of the Defence
forces of the Indian Union or is a student below
the age of 21 years of an educational Institution
recognised by the State Government, the land shall .

be deemed under personal cultivation even in the
absence of such personal supervision."

"(32) "Fair rent in relation to rent payable in

crop share' means the rate of rent not exceeding one-
fifth or' the produce of the principal crop grown -in
each agricultural year:

Provided that where the crop fails due to natural

calamities and the payment of crop share is not possi-
ble due to circumstances beyond the control of the
tenant, a sum equal to double the annual land

revenue or rent payable by his immediate land lord
for 1uch holding shall be fair rent.'!            -


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15

Air.end!llent 4. In section 5 of the principal Act, in sub-sec··

0f ~hon 5 tion (2), the full-stop at the end shall be deleted and

#### Act ,;.f (o)f the following words followed by a full-stop shall be

1936. added, namely:-

"and furtqer includes a person who cultivates

the land of another persons under t:he system gel'J.erally
known as 'Adhi' (wheLher Guchiadhi or Gutiadhi),
'Barga', 'Bhag', ' Chukti' or 'Uhukani' on condition of
delivering a share of the produce of such land to that
r>erson."

A.ddition of 5. After section 210 of the principal Act, the

sectioM. foiiowing sections shall be inserled, namely:--

"Repeal an~ 210A. (I) The Assam Adhiars Protection and

Savini!'. R-:gulation Act, 1948, so far it applies to the Sub-

division of Karimganj in the District of Cachar is
hereby repealed.

(2) On such repeal, all the prov1S1ons of

this Act, shall be applicable to the adhiars within
the meaning of the Assam Adhiars Protection and'
Regulation Act, 1948 hereby repealed and such
adhiars will acquire the status of occupancy and non•
occupancy tenants, as the case may be, unaer

this Act.

Aet.
Abolition of 21 OB. 0 n the repeal of the Assam [Adhiars ] [Assa..., ]

XII of l<J48.
the Ad hi ProtectioP "lnd Regulation Act, 1948 ,--

Conciliation         -

Board and
disposal of
pending
cases.

( l) the Ad hi Conciliation Board shall be deemed

to ha\e been abolished; and all the members thereof
and the offices working therein .shall be deemed to
have relinquished their posts as members .or officers as
the case may be, of the Board.

(2) all                    - the proceedings pending before the Adhi
Conciliation Board shall stand transferred to the Civil
Court competent to entertain and dispose of the
matter as if the proceedings were rent. suits between
the parties and the Court shall proceed to <lispose ('f
the same as a rent 11uit."


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