The Goalpara Tenancy (Amendment) Act, 1943
ASSAM ACT IV OF 1943

TH E GOALPARA TENANCY (AM ENDM ENT) ACT, 1943.

( Passed by the Assam Legislature )

(Received the assent of the Governor-General on the 29th May 1943.)

[ Published in the _Assam Gazette of th e 16th June 1943 ]_

_An Act furthe r to amend the Goalpara Tenancy Act, 1929 (Assam Act I o f 19 29 )._

Preamble. Whereas it is expedient further to amend the Goalpara Assam Act I

Tenancy Act, 1929, in the manner hereinafter appearing ; of 1929.

And whereas the previous sanction of the Governor has been

obtained to the introduction of this Bill:

It is hereby enacted as follows

Sh ort title 1.(1) This Act may be called the Goalpara Tenancy (Amend­
an d com ­

mencement ment) Act, 1943.

(2) It shall come into force on such date as the Provincial

Government may, by notification in the Official Gazette, appoint.

Local exten t. (3) It shall have the like extent as the Goalpara Tenancy Assam Act 1

Act, 1929, hereinafter referred to as the said Act. of 1929.

Am endment 2. In section 8 of the said Act for the words “ the landlord’s

of section 3 fe e >>, w ji e r e v e r they occur, the words “ the lan dlo rd’s registration

Act ', [SS]7 f fee” shall be substituted.
1929.
Substitution 3. For section 20 of the said Act the following section shall

of new sec- be substituted, namely :—

ti°n 20 [SCC]f “ 20. (1) The holding of an occupancy jot ed ar or of an occu-

Assaiii Act°I P[a n c] Y raiyat or a portion or a share thereof together with the

of 1929. right of occupancy therein shall be capable of being transferred
and bequeathed in the same manner and to the same extent as
other immovable property and all transfers made by sale, ex­
change or gift and all bequests shall, subject to the provisions of
sub-section (2), be binding on the landlord.

(2) _(a) Every transfer shall be made by registered instrument,_

except in the cases of a bequest or a sale in execution of a decree
or of a certificate signed under the Bengal Public Demands Reco- Bengal Act
very Act, 1913. Ill' o f 1913.

_(b) A registering officer shall not register any such instru­_

ment unless there is tendered to him a notice giving particulars

of the transfer in the prescribed form together with the process fee
of the prescribed amount for the service of the notice.

(c) Where any such instrument is registered the registering

officer shall send to the Deputy Commissioner the notice of the
transfer 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 man ne r:

Provided that when a sole landlord purchases a holding or a

share or a portion thereof no notice need be served.

(3) In the case of a bequest, the C ourt shall, before granting

probate or letters of administration, require the applican t to file
a notice giving particulars of transfer in the prescribed form and
to deposit a process fee of the prescribed 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 Commissioner the notice :

_[Price annas 2 or 2d.]_


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Provided that in the case of a bequest by a Mu hamm adan

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
Commissioner.

(4) (a) When the holding of an occupancy jotedar or of an

occupancy raiyat or a portion or a share thereof is sold in execu­
tion of a decree or a certificate signed under the Bengal Public
Demands Recovery Act, 1913, other than a decree or certificate Bengal Act,
for a rrears of rent due in respect of the holding or of dues re- III of 1913.
coverable 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 deposit in addition to the purchase money a
process fee of the prescribed amount.

(Z>) When a mortgage of a holding of an occupancy jotedar or

of an occupancy raiyat or a portion or share thereof is foreclosed,
and the decree-holder is not himself the sole landlo rd, the Court

## I.

shall, before making a decree or an order absolute or the fore­      -
closure, require the mortgagee to file a notice giving particulars
of the transfer in the prescribed form and to deposit a process
fee of the prescribed amount.

(c) If the purchaser fails to comply with the order of the

Court or the Revenue Officer under clause (a) within such

time as may be specified in the said order, the Court or the Reve­
nue Officer may make an order for the forfeiture o f the pur­
chase money and for the re-sale of the holding or portion or share
thereof. If the mortgagee fails to comply with the ord er under

clause (Z>) within such time as may be specified therein, the

Court may make an order for dismissal of the suit for fore­
closure.

(</) When the sale has been confirmed or the decree or order

absolute for the foreclosure has been made, the Court shall send
to the Deputy Commissioner the notice o f the sale or final fore­
closure in the prescribed form.

(5) 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.

(6) After receipt of such notice of transfer, the landlord shall

not refuse to recognise the transferee as the tenant in respect of
the holding or portion or share thereof transferred nor omit to
enter the transferee’s name in the landlord’s rent-roll in place of
that of the transferor, or where only a share or a portion of the
transferor’s interest has been transferred, along with the nam e of
the tra nsferor:

Provided that such recognition shall not operate as the

9*

admission of the amount or fixity of ren t 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 division of the holding or
to the distribution of the rent payable in respect thereof:

Provided furthe r that if a transfer is subsequently set aside or

modified by a competent authority, the parly in whose favour
such order has been made shall, unless such order has been
passed in a suit, appeal or other proceeding to which the land­
lord or the entire body of landlords was a party, file with the


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Deputy Commissioner a notice describing the modifications made
by such ord er 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 cause his rent-roll to be corrected
accordingly.

(7) In this section ‘transferee’ includes the successors-in-

interest of the transferee ; and ‘transfer’ includes bequest but
does not include (i) succession by inheritance, (it) division of
tenancies in accordance with section 76, _(iii)_ leases executed in
accordance with the provisions of this Act, \iv) complete usufruc­
tuary mortgages, (y) simple mortgages or mortgages by condi­
tional sale until a final decree for sale or foreclosure is made.

  - (8) In sub-section (4), ‘purchaser’ includes the successors-in-

interest of the purchaser and ‘mortgagee’ includes the successors-

in-interest of the mortgagee.”

Deletion of 4. Section 21 of the said Act shall be deleted.

section 21 of
Assam Act
I of 1929.

Deletion of 5. Section 22 of the said Act shall be deleted.
section 22 of

Assam Act I
of 1929.
Deletion of 6. Section 23 of the said Act shall be deleted.
section 23

of Assam

Act I of

1929.

Substitution 7. For section 25 of the said Act the following section shall

2 X S [b] « suta iw te d, namely

tion 25 of

Assam Act
I of 1929.
“ What kind 25 , (1) An occupancy ten ant may enter into a complete

of usufruc- usufructuary mortgage in respect of his holding or a portion or

gage occu- share thereot lor any period which does not or cannot, in any
pancy possible event, by any agreement, express or implied, exceed nine

tenant may years ; and notwithstanding anything contained in this Act or

execute. j n a n y o jher law or in any contract, no other form of

usufructuary mortgage so entered into after the commencement
of this Act shall have any force or effect.

  - , (2) Notwithstanding anything contained in this Act or in any

other law or in any contract, every usufructuary mortgage sub­
sisting on the date on which the Goalpara Tenancy (Amend­
ment) Act, 1943,comes into force, which was so entered into
before the commencement of this Act shall be deemed to have
taken effect as a complete usufructuary mortgage for the period
mentioned in the instrument or for twelve years, whichever is less.

(3) Notwithstanding any contract to the contrary entered

into before or after the commencement of this Act such a

complete usufructuary mortgage or a mortgage referred to in sub­
section (2) may be redeemed at any time before the expiry of the
periods referred to in sub-section (1) or sub-section (2) as the
case may be.


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(4) Every complete usufructuary mortgage entered into after

the commencement of this Act shall be registered under the Act X V I of
Indian Registration Act, 1908. l y °8      -

(5) Notwithstanding anything contained in this Act or in any

other law, no document creating or purporting to create (a) any
other form of usufructuary mortgage or (Z>) a complete usufruc­

tuary mortgage for a period exceeding nine years shall be received
in evidence or acted upon in any Court or by any public servant :

Provided that such a document executed before the com­

mencement of this Act may be so received in evidence or so
acted upon as a complete usufructuary mortgage for the period
mentioned therein or twelve years, whichever is less.

(6) Notwithstanding anything contained in this Act or in any

oth er law or in any contract, the consideration (with all interest

thereon) for a complete usufructuary mortgage or for any other
form of usufructuary mortgage deemed under sub-section (2j to
have taken effect as a complete usufructuary mortgage entered
into by an occupancy ten ant in respect of his holding or a portion

or share thereof, shall be deemed to have been extinguished on
the expiry of the period,

(«) mentioned in the instrum ent of the mortgage, or
(6) of twelve years from the date of the registration of the

instrument, whichever is less, or where there is no
registered instrument, from the date of the mortgagee’s
entry into possession, and the mortgagor shall there­
upon become entitled to possession of the mort­
gaged holding, and he may, if he is not forthwith
given possession, apply to the Court or to a Revenue
Officer to be restored thereto :

Provided that, if in the case o f such a mortgage subsisting

on the date on which the Goalpara Tenancy (Amendm ent) Act,

1943, comes into force, the said period has, on the date of the

commencement of the said Act, already expired, the mortgagor
shall, immediately on the commencement of the said Act, become
entitled to possession of the mortgaged holding ; but he shall not
be entitled to, nor shall the mortgagee be liable for, any com pen­
sation in respect of the mortgagee’s possession from the date of
the expiry of the said period to the date of the commencement
of the said Act.

(7) An application under sub-section (6) shall be accompa­

nied by a process fee of the prescribed amount for service of
notice on the mortgagee, and the Court or Revenue Officer to
which such an application is made, may, after service of such
notice, award to the mortgagor such compensation as appears
equitable in respect of the period during which the mortgagee
retained possession after the date on which the mortgagor became
entitled to be restored to possession, and may pass an order restor­
ing the possession of the land mortgaged to the mortgagor, and
such order shall have the effect of a decree of a Civil Court.

_Explanation.—_ A“ complete usufructuary mortgage” means a

transfer by a tenant of the right of possession in any land for
the purpose of securing the payment of money or the return

of grain advanced or to be advanced by way of loan, upon


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the condition that the loan, with all interest thereon, shall

be deemed to be extinguished by the profits arising from the

land during the period of the mortgage.”

Am endment 8. In section 26 of the said Act for the word and figure

26 o f Assam " [to] 25” the word and figure “ and 24” shall be substituted.

Act I of

1929.

Amendment 9. In sub-section (1) of section 33 of the said Act for the

of section

33 of Assam words “An occupancy raiyat may institute a suit for the

Act I of reduction of rent”, the following words shall be substituted,

1929. namely t—

“ An occupancy jotedar or an occupancy raiyat may claim

reduction of rent either by a suit or in a defence in a suit for
arrears of re nt.”

Amendm ent 10. At the end of the proviso to section 41 of the said Act

°fsection the following words shall be ad de d: —
41 of Assam °

1929. “ nor shall it exceed in the case of an under-raiyat holding im­

mediately under a raiyat the rent paid by the latter to his landlord
by more than a hundred per cent, and in the case of an under-
raiyat holding mediately the rent paid by his under-raiyat landlord

to the latter’s landlord by more than twenty-five per cent.”

Insertion of 11. After section 41 of the said Act the following section

new section s p,a [n ] [i,]e [ inserted as section 41A :][—]

“ Lim ited 41 A. Every person who, for a period of twelve years,

righ t of whether wholly or partly, before or after the commencement of

of [C1]under- t *le G oalpara Tenancy (Amendment) Act, 1943, has continu-

raiyats. ously held land as an under-raiyat, whether under a lease or

otherwise, shall be deemed to have acquired, on the expiry of

that period, a limited right of occupancy in the land which he

has so held for the said period. The provisions o f sub sections

(4), (5) and (6) of section 15 shall apply _mutatis mutandis_

to the construction of the expression “ every person...........has
continuously held land as an under-raiy at.”

Amendment

of section 42 12. In section 42 of the said Act the following words shall
of Assam Act be inserted at the commencement, namely :—

t I of 1929.

“ Except as provided in section 42A ”

Insertion of 13 . After section 42 of the said Act the following section

tron 42A.new sec- s [h]a [i] be inserted as section 42A :— ]

“ Incident of 42A. An under-raiyat who has acquired a limited right of

ten ancy occupancy in any land under section 41A shall be subject to the

under- [3] " s a m e P [r o v i s i o n s ] w i t h respect to rights in trees and the use of,

raiyat succession to, and eviction from, such land as an occupancy

who has raiyat. The provisions of sections 29 to 35 (both inclusive) shall,

right^'of [S]° [a r aS m a] y ^ [e] ’ *n ^ le c a s e ?[u c] h [a n] under-raiy at.”

occupancy.


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Deletion of 14. Section 43 of the said Act shall be deleted,

section 43
of Assam
Act I of
1929.

Ins ertion o f jg . In s e c tj o n 46 of the said Act—

a new sub- .

section to (1) the following sub-section shall be inserted as sub­

section 46 s e c tiOn (2), namely:—

Act I of “ (2) Notwithstanding anything contained in the foregoing

1929. sub-section, if there is any arrear of rent due by the tenant, the
recovery of which is not hatred by the law for the time being in
force as to limitation of suits for arrears of ren t, the payment
may, at the option of the landlord, be applied first to such
arrear,” and(2) the existing sub-section (2) shall be renumbered as sub­ A.

section (3).

Am endment 16. In section 56 of the said Act for the words “ twelve and

of section half” , the words “six and a qu arter” shall be substituted and the

A^sam Act [w or<] i [s ] t ^i a t q ua rte r” shall be deleted.

I of 1929.

Deletion of 17. Section 57 of the said Act shall be deleted,

section 57
of Assam
Act I of

1929.

Insertion of 18. After clause _(a) of section 58 of the said Act, the follow-_

afteZdausc *n S P r o v ‘s o shall be added, namely :—•

_(a) of section_ “ Provided that the land held in _bona fide but found on measure­_

58 of Assam ment to be in excess of the holding shall form part of (he same
Act I of holding ; and the tenant thereof shall be liable to pay ren t for

1929.

such excess at the rate of rent of the original holding.”

Amendment 19 . In sub-section (1) of section 59 of the said Act the
of section words “ five ^p ies” shall be deleted and for the words
59 o f Assam “ ten times” the words “ three times” shall be substituted.
Act I of

1929.
Am endment

20. Clause (</) of section 69 of the said Act shall be dele­

of section

69 o f Assam ted.
Act I of

1929.

Amendm ent 21. (1) For the existing proviso to section 70 of the said

70 ofA ss am A ct the following proviso shall be substituted, namely:—

Act I of “ Provided that a n under-raiyat who has acquired a limited

1929. right of occupancy in the holding shall not be liable to be ejected
from such holding except on the ground—

ft) that he has used the land in a manner rendering it

unfit for the purpose of the tenancy, or

(ti) that he has broken a condition relating to the use and

occupancy of the land of his tenancy and consistent with the

provisions of this Act, on breach of which he is, under the terms
of a contract between himselfiand his landlord, liable to be

ejected.”

# r


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Substitu tio n 22. For section 76 of the said Act the following section shall
o f a new be substituted, namely :—

section for

section 76 o f
Assam A ct I
o f 1929.

“ Division of 76. (1) Save as provided elsewhere in this section, a divi-

va l*icinCui'lest S*°n a t e n u r e o r holding or a distribution of the rent payable

consented to *n r e s Pe c t thereof shall not be valid unless such division or dis-

by all parties tribution has been expressly consented to in writing by both—
"[r] (a) the landlord or the entire body of landlords or their

Court. 1V agents duly authorised in that behalf, and

(/>) all the recorded co-sharer tenants :

Provided tha t, if there is proved to have been made in any

landlord’s rent-roll any entry showing that any tenure or holding
has been divided or that the rent payable in respect thereof has
been distributed, such landlord may be presumed to have given
his express consent in writing to such division or distribution.

(2) The Civil Court, on application made to it by a land­

lord or one or more co-sharer tenants for a division of a tenure
or holding or for a distribution of the ren t payable in respect
thereof, or for the annulment or modification of a previous

division or distribution other than the one made under this sub­
section or under an agreement made between all the landlords
and co-sharer tenants in conformity with the provisions of sub­
section (1), may by order in writing, direct such division of the

tenure or holding or such distribution of ren t as the Court con­
siders fair and equitable or annul or modify a division or distribu­
tion previously made other than the one of the nature referred
to above if the Court considers it unfair and inequitable :

Provided that—

(a) no such order shall be passed without notice to the

landlord or the remaining landlords and to all or
the remaining co-sharer tenants, as the case may
be, the prescribed process fee for which shall

accompany the application ;

_(b) no order for division or distribution shall be made_

which would result in bringing the rent for any por­

tion below two rupees in the case of tenures or one
rupee in the case of holdings ; and

_(c) nothing contained in this sub-section shall be deemed_

to authorise a Court on an application from a tenant
lor division or distribution to direct a division or
distribution in respect of the share of any tenant
other than an applicant under this sub-section or a
co-sharer tenant who has been joined as a co-appli­
cant under sub-section (3).

(3) On receipt of notice of an application from a tenant for

division or distribution under sub-scction (2) a co-sharer tenant
may apply to be joined as a co-applicant, and upon such applica­
tion the Court shall join the said co-sharer tenant as a co-appli­
cant without further notice to the landlord or landlords and the
remaining co-sharer tenants.


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(4) Every order of a Court under sub-section (2) directing

division of a tenure or holding or a distribution of the rent thereof
shall also direct the supply to the landlord at the cost of appli­
cant tenants, if any, of certified copies of the Co urt’s order (toge­
ther with those of map and _chitha, if required for the elucidation_
of the Court’s order) and the payment of one rupee as mu tation
fee for each separate tenancy created by the division or each
separate account ordered to be opened.

(5) Every order referred to in sub-section (4) shall state the

date from which the division (or distribution) shall have effect,
and the joint and several liability of each co-sharer tenant for
arrears of rent, if any, up to that date, shall subsist in all the
lands of the entire tenure or holding.

(6) An appeal shall lie to the ordinary Civil Appellate

Court from an order of a Court under this section, provided that
it is presented within thirty days from the date of such order and
is accom panied by the prescribed fee.”

Deletion of 23. Section 77 of the said Act shall be deleted,

section 77 of
Assam Act I
of 1929.

Am endment 24. In sub-section (5) of section 79 of the said Act for the

°f'Await)[79] figure‘43’, the figure and letter ‘42A’ shall be substituted.

Act I of

1929.

Am endment 25. In sub-section (1) of section 81 of the said Act after the

of section 81 word “ raiyat” the words “ or under-raiyat” shall be inserted and

of Assain^Act t jl c following proviso shall be added at the end, namely :—

“Provided that he shall be entitled to surrender the portion

if any of his holding which has materially deteriorated after
the commencement of the tenancy due to deposit of sand or any
other cause beyond his control”.

Am endment 26. In sub-section (I) of section 82 of the said Act, after the

of Assam Act ®r s t t w o Pr o v *sn s the following shall be inserted as an additional

I of 1929. proviso, namely :—

“ Provided further that if an under-raiyat has a right of

occupancy in the holding or a portion thereof the landlord shall,
before entering on the holding under this section, offer the whole
holding to the under-raiyat at the rent paid by the raiyat
and on condition of the under-raiyat paying off all arrears
due from the raiyat. If the under-raiyat refuses or neglects within
a reasonable time to accept the offer, the landlord may enter on
the holding and let it to another tenant or cultivate it himself.”


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Substitution 27. For section 83 of the said Act the following section shall

of new sec- be substituted, name ly:—
tion lor sec­

tion 83 of
Assam Act I
of 1929.
“ Abatement 83 . (1) If the entire land of a tenure or holding or a

of rent on portion of such lands are lost by diluvion, the rent of the tenure
account of o r holding shall be abated by an amount which bears the same
ancT're-en- P[r] °P [o r t] i° [n] to the rent of the whole tenancy, as the area lost bears
try into to that of the whole tenancy.

lands which (2) (a) Notwithstanding anything contained in this Act or in

re-appear. a n [y other law or in any contract to the contrary, the right, title]

«■ and interest of the tenant or his successors-in-interest shall subsist
in such lands or portion thereof during the period of loss by
diluvion not exceeding twenty years or till three years after their
reappearance, whichever period is less. Th e tenant or his succes­
sors-in-interest shall claim immediate possession of the lands or
portions thereof by serving on the landlord a notice in the pres­
cribed form and manner within two years of the reappearance of
such lands. The landlord shall have a right to the arrears of rent
without interest in respect of the land which has reappeared for
the period during which it was lost or for three years, whichever
is less.

(6) The rent of the lands which have reappeared shall, for

the purposes of the payment both of the arrears of rent under
this suD-section and of the ren t due thereafter (until such,
rent is modified in accordance with the provisions of this

Ac t), be calculated on the basis of the rent of the remainder of

the tenancy existing when possession of the lost land is resumed,
and shall bear the proportion to that ren t which the area of the
lands which have reappeared bears to that of the remainder of
the tenancy :

Provided that in cases where the entire tenure or holding has

been lost by diluvion, the ren t of the portion thereof which re­

appears shall be calculated in like m anner on the basis of the rent
existing when the entire tenancy was lost.

(3) Nothing shall prevent the accrual of rights under the

operation of any other enactment in any portion of the lands of
a tenure or holding which have been lost by diluvion, if such

e lands thereafter rea ppear as an accretion thereto .”

Amend­ 28. Sub-section (2) of section 84 of the said Act shall be
ment re-numbered as clause _(a) of sub-section (2) and the following_
of section
84 of clause shall be added as clause (Z>) :—

Assam Act “ (6) Notwithstanding anything contained in the preceding
I of 1929. clause, an occupancy ten ant shall, subject to the provisions of

section 27 have full dominion over such _Sal or_ _Sisu trees_

as were planted in the land during the pendency _of_ the

tenancy. Where land has been held by the tenant conti­

nuously for twenty years all trees standing thereon shall be pre­
sumed to have been plante d during (he pendency of the tenancy.
The provisions of sub-sections (4), (5) and (6) of section 15 shall
apply _mutatis mutandis to the construction of the expression ‘held_
by the tenant continuously’ ”


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Insertion of 29. At the end of Chapter IX of the said Act the following
new sec­

tions. sections shall be inserted, name ly:—

“ Suspension 95A. (1) All the provisions of Chapters II I, IV , V and VI
ol provi­

of this Act relating to enhancement of rent are hereby suspended

sions relat­
ing to en­ for a period of ten years from the date of the commencement of
hancement the Goalpara T enancy (Amendm ent) Act, 1943.
of rent. (2) Any provision for enhancement of ren t contained

in any contract entered into between a landlord and a tenant
during the period of ten years referred to in sub-section (1)
is hereby declared to be inoperative during the said period.

(3) Notwithstanding anything contained in this Act or in

any other law, the period during which a decree, ord er or con­
tra ct is rendered inoperative under this section shall not be taken

into account in computing any period under the law of limitation

nor in construing the terms of a contract.

Power to 95B. (1) The Provincial Government shall, on being satisfied

authorise that the exercise of the powers hereinafter mentioned is necessary
special set­ in the interests of public order or of the local welfare, invest a     -
tlement in

Revenue Officer with the following powers or either of them ,

exceptional
circumstan­ na mely:—
ces. (а) power to settle rents ;

(б) power when settling rents to reduce rents if, in the

opinion of the officer, the maintenance of existing
rents would on any ground, whether specified in

this Act or not, be unfair or inequitable.

(2) The powers given under this section shall be made

exercisable within a specified area either generally or with

reference to specified classes of cases.

(3) The Revenue Officer shall in the exercise of his power

proceed in the prescribed manner.

(4) The order of the Revenue Officer shall be appealable

before the Revenue Tribunal or such other authority as may be
prescribed by the Provincial Governm ent.”

Amendment 30. In sub-clause (to) of clause (Z>) of sub-section (1) of
of section 98

section 98 of the said Act, for the figure ‘43’ the figure and letter

of Assam Act
I of 1929. ‘42A’ shall be substituted.
Deletion of 31. Section 140 of the said Act shall be deleted.

section 140 «

of Assam

Act I of I

1929.
Deletion of 32. Section 141 of the said Act shall be deleted.

section 141

of Assam

Act I of

1929.
Deletion of

33. Sections 142 and 143 of the said Act shall be deleted.

sections 142
and 143 of
Assam Act

I of 1929.

Amendment
34. In section 147 of the said Act, the words and figure

147 [sect, 0] ”f [ «]<o r [ damages under section 57” shall be deleted. ]

Assam Act

I of 1929.


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Am endment 35. In section 148 of the said Act the “ semi-colon” afte- the

?48 of Assam [w or<] ^ “judgment” occurring for the second time shall be substi-
Act I of tuted by a “ fullstop” and the rem ainder of the section shall be

1929. deleted.

of”[6] section 36. In sub-section (r) of section 152 of the said Act, the

152 of words and figure “ or damages awarded in lieu of interest under

Assam Act section 57” shall be deleted.

I of 1929.

Am endment 37. I n clause (a) of sub-section (1) of section 162 of the said

^2 [CCtiOI]of Act for the words “ twelve and a ha lf” the words “ nine and

Assam Act I three-eighths” shall be substituted.
of 1929.

  -

Cha pter X II 38. Chapter XII of the said Act shall be repealed,

4 of Assam

Act 1 of

1929.

Amendment 39. In clause (i) of sub-section (2) of section 171 of the said
of section

171 of Act after the word “raiyat” , the words “or under-raiy at” shall be

Assam Act inserted.
I of 1929.

Amendment 48. ac tio n 177 of the said Act, for the “ colon” after the

of section words “ and the like” a “ fullstop” shall be substituted, and the

177 of Proviso shall be deleted.

Assair Act

I of 1929.

Am endment 41. For clause («) of section 182 of the said Act the following
of section

182 of clause shall be substituted, namely :—

Assam Act “ («) Any enactment relating to _Palni tenures in so far as_ it
I of 1929. relates to those tenures except that—

(i) the provisions of section 56 and of clause _(g) ol_

sub-section (1) of section 171 shall apply to all
_Patni tenures and_ (it) the expression _“khudkast_

raiyat or resident and hereditary cultivator” Bengal Re­

in sub-section (3) of section 11 of the Bengal gulation

t , Patni Taluks Regulations, 1819, shall be deemed [V I i r] of

\ ' to include all raiyats having a right of occupancy, [181 9]'

or ”.

**A.G.P. (L. C.) No.58-501-1-450 -14.7-1943.**


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