The Assam (Temporary Settled Areas) Tenancy Act, 1971
**122**

ASSAM ACT X X III OF 1971

**(R eceived th e** **ass ent o f the Pre siden t on th e**

**3rd Dec em ber , 1971)**

e

TH E ASSAM (TEM PO RA RILY SETTLED AREAS) TENANCY ACT

1971                           -

**[P ublish ed in** **th e A ss am Gaz ette, Ext ra or di nar y, dat ed** **th e**

**10th Dec em ber , 1971]**

**An**

**Ac t**

**to re gula te th e** **re la tions o f la ndlo rd an d te nant** **in th e tem ­**

**pora rily set tled are as of A ss am .**

Preamble Whereas it is expedient to regu to the rights

and liabilities of agricultural tenants and their

landlords in temporarily settled lands in the State
of Assam ;

It is hereby enacted in the Twenty-second

Year of the Republic of India as follows: —

CH AP TE R I

**Prelim in ary**

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

extent and porarily Settled Areas) Tenancy Act, 1971.
commence-
m c u t' (2) It shall come into force at once.

13) It extends to,—

(a) the districts of Ka mrup, Nowgong,

Darra ng, Sibsagar and Lakhimpur ;

(b) Silchar and Hailakandi Subdivisions

of the district of Cachar ; and

(c) temporarily settled areas of Gossain-

gaon, Sidli and Bijni Circles of

Kokrajhar Subdivision in the dis­
trict of Goalpara and the tempora­

rily settled areas of Karim ganj Sub­

division.

(4) The State Government may, by notifica­

tion, extend the whole or any pa rt of the Act to
any other areas of the State :

Provided that no such notification shall be

issued unless a notice of the intended extension is
previously published in the area concerned and any
objection received is disposed of after due considera­
tion.


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Exception 2. The Act does not apply to:—

fa) land included in any Reserved Forest;
(b) land owned by the Union or the State

Government or by Local autho rity which
is used for any public purposes ;

(c) land reserved lor tne purpose of profes­

sional grazing reserves, village grazing

eserves, recreation grounds, buria l or

cremation ground, road, can al, drain,

embankment or their maintenance or for
any other public purposes ;

(d) land which is non-agricultural and situa­

ted outside town-land area ;

(e) land comprised within estates settled for

special cultivation when, and only so

 - long as, such lands are used for purposes

of special cultivation or for purposes

ancillary thereto.

_Explanation. — (I) This_ sub-clause includes lands

settled for the cultivation of tea under the rules in

force from time to time such as fee. simple grants,
revenue redeemed grants, 30 years’ grants under the
New Lease Rules though now assessed with full

revenue and lease for special cultivation under settle­
ment rules framed from time to time under the
Assam Land and Revenue Regulation, 1886. **I of 1336**

(II ) Purposes ancillary for special cultivation shill

mean the following:

(i) land used for factory buildings ;

(ii) land used for staff buildings including

labour lines ;

'Hi) land used for roads, bridges and drains

x within the tea estates ;

(iv) land used for nurseries including shade

trees ;

(v) land used for hospitals, dispensaries, creche,

recreation club and play ground ;

(vi) land used for any other buildings made by

management under any other law in
force ;

(vii) land used for seed 5‘bari” ;


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Exception o. The Act does not apply to:—

fa) land included in any Reserved Forest;
(b) land owned by the Union or the State

Government or by Local autho rity which
is used for any public purposes ;

(c) land reserved lor the purpose of profes­

sional grazing reserves, village grazing

eserves, recreation grounds, buria l or

cremation ground, road, can al, drain,

embankment or their maintenance or for
any other public purposes ;

(d) land which is non-agricultural and situa­

ted outside town-land area ;

(e) land comprised within estates settled for

special cultivation when, and only so

» long as, such lands are used for purposes

of special cultivation or for purposes

ancillary thereto.

_Explanation.— (I) This_ sub-clause includes lands

settled for the cultivation of tea under the rules in
force from time to time such as fee. simple grants,
revenue redeemed grants, 30 years’ grants under the
New Lease Rules though now assessed with full

revenue and lease for special cultivation under settle­
ment rules framed from time to time under the
Assam Land and Revenue Regulation, 1886. **I of 1336**

('ll) Purposes ancillary for special Ciiltivation shall

mean the following:

(i) land used for factory buildings ;

fii) land used for staff buildings including

labour lines ;

;iii) land used for roads, bridges and drains

M within the tea estates ;

(iv) land used for nurseries including shade

trees ;

(v) land used for hospitals, dispensaries, creche,

recreation club and play ground ;

(vi) land used for any other buildings made by

management under any other law in
force ;

(tii) land used for seed S'bari” ;


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(7) “ landlord” means a person immediately under

whom a ten ant holds but does not include any

Government ;

(8) “money ren t” in relation to rent payable in

crop-share for the purpose of deposit into court and
for calculation of arrear rent in respect of rent pay­
able in crop-share is the money value of the crop
deliverable by a tenant to his landlord and such money
value shall be computed on the basis of the market
value of tha t crop prevailing at the time of harvesting
in the locality concerned;”

(9) “notification” means a notification published

in the Official Gazette ;

(10; “ personal cultivation” means cultivation

by the person himself, or by mem ber of his family or
by hired labourers on fixed remuneration payable in
cash or kind but not in crop share, under personal
supervisions of the person himself or any member of
his family, provided it is accompanied by the

bearing of risks of cultivation 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 pa rt of the agricultural season :

Provided that in the case of a person who is a

widow or a minor, or is subject to any physical or
mental disability or is a mem ber of the Defence
forces of the India n 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 ;

(11) “ prescribed” means prescribed by rules framed

under the Act ;

(12) “ principal crop” shall mean only one crop for

each agricultural year as may be agreed upon

mutually between the landlord and the ten an t:

Provided th at where there is no agreem ent, the prin­

cipal crop shall be only one agricultural crop grown in
each agricultural year _viz., »ali or such local name_
generally used in respect of paddy known as winter

pady and the harvesting of which is done in the

months of December, January and February, corres­
ponding to Agrahayana,. Pausa and Magha 5


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(13) “rent” means whatever is lawfully payable

or deliverable by the ten ant to the landlord in cash
or in kind or partly in cash and partly in kind

whether as a fixed quantity of produce or as a share
of the produce, on account of use or occupation of
the land or on account of any right in the land held
by the tena nt;

(14) “Revenue Officer” means any officer, with

that designation appointed by the State Government
for the purposes of this Act ;

fl5) ‘ ‘Revenue Court” means the Court of the

Deputy Commissioner, Settlement Officer or, of

such other officer as the State Government may invest

with the powers of Revenue Court for the purposes
of this Act ;

(16) “Revenue Rate” means in respect of every

parcel of land in an estate settled temporarily **at full**
rates, the rate at which revenue is for the year
actually payable to Government upon that parcel of
land ;

(17) “ tenant” means a person who cultivates or

holds the land of ano ther person, and is, or but for
a special contract (express or implied) would be,
liable to pay rent for that land to that other person,
and includes a person who under system generally
known as ‘Adhi’ (whether Guchiadhi or Guti-adhi),
‘barg a’, ‘chukti’, ‘bhag’ or ‘chukani’ cultivates the
land of another person on condition of delivering a
share or quantity of the produce of such land to
that perso n:

Provided that a person who cultivates or holds land

immediately under the State Government is not a
ten ant within the meaning of this definition.

_Explanation.—A person who holds land on con-_ t

dition of service to a temple or religious institution
shall be deemed to be the ten ant of the manager of
such temple or religious institution ;

(18) “town lands” means any land within an Assam Act

area declared or deemed to be a Municipality or X V o f 1957,
notified area under the Assam Municipal Act, 1956,


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(19) The following words shall have the same

meaning as is assigned to them in the Assam Land i o f 1386.
and Revenue Regulation, 1886, or the Rules framed
thereu nd er:—

“estates” , “temporarily-settled-estate” , “ land-

revenue” , “pro prietor” , “land holder”,

“ settlement-holder” , “periodic lease” , “spe­
cial cultivation”, “ordinary cultivation” .

CH AP TE R II

**C la ss es o f Ten an ts**

**Classes of** 4. fl) There shall be, for the purpose of this

**Tenants.** Act, only the following classes of tenants, nam ely,—

(i) Occupancy tenant, that is to say, a tenant

holding immediately under a proprietor,

land-holder or settlement-holaer other

than land-holder, and having a right of
occupancy in the lands held by him,

(ii) non-occupancy tenant, that is to say,

a ten ant holding immediately under a

proprietor, land-holder or settlem ent­

holder other than land-holder but not

having a right of occupancy in the land
held by him, and

(2) From the date of commencement of this Act,

any person who was recorded in the record-of-rights
as a privileged tenant undei the provisions of A sja m A ct

the Assam (Temporarily Settled Districts) Tenancy **m** o f 1935.
Act, 1935 shall henceforward be recorded as an

Occupancy Tenant:

Provided that he shall, subject to the provisions

of section 28 of this Act, continue to pay the rent
at the same rate as before the commencement

of this Act.

(3) From the date of commencement of this Act,

there shall be no new under-tenant.

CH AP TE R II I

**Occ upan cy Ten an t**

**Acquisition** 5. (1) A person who for a period of not less than

**of** 3 years has continuously held land as a tenant shall

**occupancy**
**rights.** have a right of occupancy in that land.


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**128**

(2) Th e period of 3 years may be wholly or

partly before or after the commencement of this Act.

(3) A person shall be deemed, for the purposes of

this section to have continuously held lan d under a

landlord notwithstanding that the particular land­

lord under whom he held the land was different at
different times, provided the land held by him was
the same.

(4) A person shall be deemed, for the purposes of

this section, to have held as a tenant any

land held as a ten ant by a person whose heir

he is.

(5) If a tenant recovers possession of his

holding under any law in force, any period during
which he might have been out of possession, shall
count towards the period specified in sub-section (1).

Incidence of 6. An occupancy tenant shall have perma-

occupancy nent, heritable and transferable right of use and

right. occupancy in the land of his holding, subject to the
other provisions of this Act.

devolution 7. If a tenant dies intestate in respect of

on death. a [ right of occupancy, it shall, subject to any custom, ]
descend in the same manner as other immovable
property.

Rig ht of 8. An occupancy tenant shall have a right of

transfer, transfer in respect of his holding with prior permission
of the Government in the manner prescribed. A

notice of such transfer shall be served on the

landlord in the manner prescribed:

Provided that an occupancy tena nt shall not transfer

his land to a non-agriculturist.

Prohibition 9- From tne date of commencement of this Act,

of sub- an occupancy tenant shall have no right to sub-let

letting. his land.

Right of use 10. An occupancy ten ant may use the land of

of land, his tenancy in any m anner which does not m aterially
impair the value of the land or render it unfit for
the purpose of tenancy.
......... ' ■                                            -                                            - “ '                                            -

Right in 11 • An occupancy tenant shall be entitled, if there

trees. is no under-tenant under him ,—

(i) to plant, (ii) to enjoy the flowers, fruits

and other products of, (iii) to fell, and

(iv) to utilise and dispose of the timber
of any tree on such land :

Provided th at in doing so he does not contravene

the provisions of any law :


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129

Provided further that he shall not be entitled

without landlord’s consent, to fell, utilise or dispose
of the timber of any tree which stood on the holding
before the creation of the tenancy. When the tenancy
is over 20 years old, all trees standing on the lan d
shall be presumed, until the contrary is proved, to
have been pla nted or to have begun to grow during
the tenancy.

**Qbli<ati«n** 12. Any occupancy tenant shall pay rent for his

**to p y fair** holding at fair and equ itable rate, subject to the

maximum rate of ren t laid down under the provisions
of section 28 of this Act :

Provided that if the ten ant has been holding his

land for a continuous period of not less than 10 years

(i) at a rate of rent never exceeding the revenue rate

or (iij at less than the revenue-rate in addition to
service to be rendered by him then the rent at the
revenue-rate shall be deemed to be th e fair and equi­
table **rent,**

**Restriction** 13. Re nt of an occupancy tenant shall not be

^mentTf^ [e r |]h [a n c e] d except as provided for in Ch apter VII

**rent.** of this Act.

**Protection** 14. An occupancy ten ant shall not be liable

**from eject-** to ejectment from his holding except as provided for
**ment.** in Chapter IX of this Act.

CH AP TE R IV

**Non -O cc up an cy Ten an t**

**Incidence of** 15. (a) A non-occupancy ten ant shall have right

**the tenancy.** o f p o ss e s s io n till he is lawfully ejected and

subject to the other provisions of the Act or any
custom the tenancy shall descend in the same man­
ner as other immovable property.

(b) A non-occupancy holding shall not be

transferable except for the purpose of mortgage for
the purpose of agriculture only in favour of the

State Government, the Union Government, a

Co-operative Society or an authorised bank to

secure loan advanced by such Government, Society,
or Bank and in the event of any default in the
repaym ent of such loan, it shall be lawful for the
Governm ent, the Society or the bank as the case
may be, to cause the tenant’s interest in the

land to be attach ed and sold under the authority
provided for in Section 49 of this Act and to

apply the proceeds in payment of such loan.


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130

**Prohibition** 16. From the date of commencement ot this Act,

**eub-letting.of** a non-occupancy tena nt shall have no right to sub­

let his land.

**Obligation** 17. A non-occupancy tenant shall pay ren t for

**to pay** his holding at fair and equitable rate, subject to

**fair rent.** the maximum rate of rent laid down under pro­

visions of Section 28 of this Act.

**Restrictions** 18. Rent of a non-occupancy tenant shall not be

**on enhance­** enhanced except as provided for in Chapter VIT

**rent.ment of** of this Act.

**Protection** 19. A non-occupancy tenant shall not be ejected         -
**against** except as provided for in Ch apter IX of this Act.

**ejectment.**

CH APTER V

**Un der- Tenant**

**Prohibition** 20. On and from the date of commencement
**against** of this Act, there shall be no new under-tenant
**creating new** holding land under an occupancy ten ant or a
**under­** non-occupancy te nant:

**tenant**

**fenancy.**

Provided that any under-tenant holding any

land prior to the enforcement of this Act, shall, how­
ever, continue to hold the same on the same term s and
conditions as imm ediately before the commencement
of this Act until he acquires the interm ediary and

ownership rights of his holding under the provisions
**of** Chapter V I.

CH APTER VI

**Re quisition of in term ed iary and ow nership**

***** **righ ts**

**Acquisition**
**of ownership** 21. Notwithstanding anything to the contrary in
**rights aad** any law, custom, or agreement, an occupancy tenant
**intermediary** personally cultivating the land of his tenancy, shall
**rights by**
**tenants.** be entitled to acquire the rights, titles and interests of

his land-lord, hereinafter called ‘the ownership rights’
according to the provisions of Section 23(1):

Provided that where the holding of an occupancy

tenant is being cultivated by an under-tenant as
defined in The Assam (Temporarily Settled District)
Tenancy Act, 1935, from any date prior to enforce­

ment of this Act, such under-tenant shall be entitled

to acquire the rights, titles’an d interests of his lan d­
lord, hereinafter called ‘the intermediary rights’ and
also the ownership rights of the land owner of the
holding according to provisions o f Section 23 ( II):


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Provided further that the ownership rights of any

land of a land-lord who is a widow or a minor or
physically or mentally disabled person or a member of
the Defence Services shall not be liable to acquisition

under the provisions of this Chapter.

Acquisition 22. The State Government may at any time after

of ownership the commencement of this Act. by Notification declare
i n £ e d £ [t h a t] “

righ ts by (i) the rights, titles and interests of any or all

Government land-lords in respect of any holding held and per-

for sonally cultivated by occupancy tenants, shall stand

ten ants. transferred to and vest in the respective occupancy

tenants free from all encumbrances created by the
land-lords ;

(ii) the rights, titles and interests of any or all

land-lords in respect of holding held by occupancy
tenants or non-occupancy tenants but cultivated by
an under-tenant as defined in the Assam (Tem po­
rarily Settled Districts) Tenancy Act, 1935, from a

date prior to commencement of this Act and the in­
termediary rights of the occupancy tenants or non­
occupancy tenants as the case may be, shall stand
transferred to and vest in the respective under-tenants
free from all encumbrances created by the occupancy
tenants or non-occupancy tenants or the land-lords.

On such declaration the provisions of Section 24

shall apply.

Acquisition 23. (I) Any occupancy tenant personally cultiva-

°riehts[Cr]and [t i n] S h *s t e n a n c Y> desirous of acquiring

interm ediary the ownership rights of his landlord may at any time
rig hts by make an application in writing to the Deputy Corn-

tena nts. missioner and on such application being made and

Compensation as provided in Section 25 is deter­

mined and paid by the occupancy tenant, the

Deputy Commissioner shall declare the said occupancy
tenant to have acquired the ownership rights free from
all encumbrances.

(II ) Any under-tenant, as defined in Th e Assam

(Temporarily Settled Districts) Tenancy Act, 1935,
cultivating the holding of an occupancy tenant or

non-occupancy tenant from a date prior to commence­
ment of this Act, desirous of acquiring the inter­
mediary rights of his land-lord and the ownership
rights of the land-owner of his holding, may at any
time make an application in writing to the Deputy
Commissioner, and on such application being made and
compensation as provided in Section 24 is determined
and paid by the under-tenant, the Deputy Commis­
sioner shall declare the said under-tenant to have

acquired the interm ediary rights of his land-lord and
the ownership rights of his holding free from all

# encumbrances,


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Compen- 24. The total compensation payable for icq ui-

sation . r [j]n [g ] t [jj]e o w n [crship rights as well as the intermediary ]
rights if any, of any holding shall be an amount
equal to 50 times the full rate of annual land

revenue payable for such lan d.

Ap portion- 25. (1) Where an occupancy tenant is personally

cultivating the holding, his land-lord shall be entitled

pensa on. t Q r e c e [;]v e e n t [}]r e a m [ount of 50 times of lan d]

revenue.

(2) Where an under-tenant is cultivating from a

date prior to commencement of this Act, the total
amount of compensation shall be apportioned as

follows: —

(a) towards acquisition 75 per cent of the total

of ownership right. compensation.

(b) towards acquisition 25 per cent of the total

of intermediary rights. compensation.

Procedure 26. (1) In all cases of acquisition under this

of [r] compen- Chapter, the Deputy Commissioner shall give notice
sation . the land-lord and all other persons having

interests in the land and also **fix** a copy thereo
in a conspicuous place of his office. He shall

thereafter make an enquiry as prescribed, hear

objections if any and then make an order deter­

mining the compensation payable for acquisition ol
ownership rights as also interm ediary rights if any
and apportion the same where necessary.

(2) (a) If the acquisition be under section 22, the

Deputy Commissioner shall pay the amount as

determined from the fun d placed at his disposal
within a period of 3 months from the date of his
passing orders under sub-section (1) above.

(b) If the acquisition be under the provisions of

Section 23, the Deputy Commissioner shall direct

the occupancy tenant or under-tenant as the case
may be to deposit the am ount within a period of
one month from the date of th e order under sub-section
(1) above and pay the compensation within a period
of three months from the date of the said order under
sub-section (1).

(3) In all cases of acquisition under section 22,

the occupancy ten ant or under-tenant as the case

may be, shall pay to the Government in 5 equated
annual instalments the compensation as determined
by the Deputy Commissioner, the first instalment
payable being due on the expirv of 3 months from
the date of his order.


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133

Where any instalment of compensation is not

deposited in the Treasury within 30 days from the
date of its becoming due, the Deputy Commissioner
shall proceed to recover the instalments as if it

were an arrear of land revenue.

(4) (a) In case of acquisition under section 22,

on deposit of the first instalment of compensation as
assessed, the Deputy Commissioner shall issue to the
erstwhile ten ant a certificate of ownership right and

also correct the revenue records.

(b) In case of acquisition under section 23, on

deposit of the compensation as assessed, the Deputy
Commissioner shall issue io the erstwhile ten ant a

„ certificate of ownership rig ht and also correct the

revenue records.

(5) In case of dispute as to the person or persons

who are entitled to receive the amount of compensation

money, the amount shall be kept in deposit in a
Government treasury and the dispute shall be referred
to the Civil Court having jurisdiction and the

amount shall then be paid in terms of the final

decision of the court.

CH APTER VII

Ren t

liab ili ty to 27. Notwithstanding anything contained in anv

pay rent, j a W j c u s t o m o r agreement no ten ant shall be liable
to pay ren t whether in cash or in kind at a rate
exceeding the maximum rate of rent as provided for
hereinafter following.

Maximum 28. The maximum rate of rent payable by

ate of rent. a n occupancy or non-occupancy ten ant shall be as

follows: —

fa) in case of cash rent, not exceed­

ing 3 times of the land revenue payable
for such land,

fb) in case of crop-rent, a rate of rent

not exceeding one-fifth of the produce

of the principal crop grown in each

agricultural yea r:

  - Provided that where the crop fails due to

natural calamities and/or payment of the crop

share is not possible due to" circumstances

beyond the control of the tenant, a sum equal

% to double of annual land revenue payable by his
imm ediate land-lord for such holding shall be fair

ren t:

Provided further that atenant desiring to pay

his rent in cash in lieu of crop-rent may, after

giving a written notice of not less than 30 days to the
land-lord, pay the money value of the crop deli*

verable by him to his landlord, computed on the basis
of the market value of the principal crop prevail­
ing at the time of harvesting at the locality

concerned.


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**Grounds for** 29. Subject to the maximum limits laid down in

mc nt of rent. [s e c tlo r i] 28 of this Act, the ren t of a tenant shall be

liable to enhancement on one or more of the follow­

ing grounds, namely: —

(i) that the productive powers of the land

held by the ten ant have been increased
by fluvial action ; or

(ii) that the productive powers of the lan d

held by the tenant have been increased
by any improvem ent effected by or at
the expense of the landlo rd ; or

(iii) that the area of the tenant’s holding has

been increased by alluvion or otherwise ;
or                         -

(iv) tha t the revenue rate payable by the land­

lord to the State Government in respect
of the holding of the tenant has increased.

i

**Procedure** **30 . A** land-lord of any holding desiring an en-

**for enhance- hancem ent of ren t on any ground mentioned in**
**ment of rent. g e c tjo n 29** m a y apply to the Deputy Commissioner

stating the specific ground on which the claim for

enhancement rests. Th e Deputy Commissioner shall
thereupon make the necessary inquiry, and may, for
th at purpose, cause an inspection of the land by

a Revenue Officer, and shall thereafter pass such
orders as deemed fit subject always to the

maximum rate of rent laid down in section 28 of
this Act:

Provided that—

(1) Where an enhancement is claimed under sec­

tion 29(i), the Deputy Commissioner shall not take
into account any increase in productive powers

due to fluvial action, which is merely temporary
or casual ;

(2) Where the enhancement is claimed under

section 29(ii), the Deputy Commissioner shall have
regard to actual increase in productive powers

caused by the improvement, the cost of improve­
ment, and also the increase or decrease, if any,
in the cost of cultivation for utilising the improve­
ment.

Grounds for **31 .** The r e n t o f a ten ant shall be liable to

rei)?Ctl°n °* [r e] duction on one or more of the following grounds,

tamely :—

(i) that the productive powers of the land held

by the tenant have been decreased due to

any action of the land-lord or due to any
cause beyond the control of the tenant

during the currency of the present

tenancy ; or


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135

(ii) that the area of the tenant’s holding has been

decreased by diluvion, or by acquisition
for public purpose ; or

(iii) that the revenue rate payable by his lan d­

lord to the State Government in respect of
the tenant’s holding has decreased.

Procedure for 32. A te nin t desiring any reduction of rent

reduction of or any one or more of the grounds mentioned in
rent

section 31 may apply to the Deputy Commissioner

stating the specific ground on which the claim for

reduction rests. Th e Deputy Commissioner shall

thereupon make the necessary enquiry and may, for

this purpose, cause an inspection of the land by

a Revenue Officer, and shall thereafter pass such
orders as deemed fit.

Date of 33. Enhancem ent or reduction of rent, as the case

eifect. may be, will take effect from the date of the order of

the Deputy Commissioner.

is^duefor*1* Cash-rent shall become due for pay.,

payment. ment a fortnight earlier than the corresponding land
revenue which is payable by his land-lord becomes due
for payment, or where such land-lord is not liable to pay
the revenue, would have become payable had it been
assessed to revenue.

(2) Crop-rent shall become due for delivery

within 60 days from the date of harvesting the crop.

Arrear of 35. Rent not paid when it falls due shall be

r e n t- deemed to be an arrear.

36. No arrear of rent shall be realisable other-

wise than by a rent-suit filed in the competent Civil
Court. Th e procedure for such rent-suit shall be

according to the provisions of the Civil Procedure
Code, 1908 and the plain t shall, in add ition to

matters mentioned in rules 1, 2, 4, 5 and 6 and

sub-rule _(2) of Rule 9 of Order VII in the first_
Schedule to Code of Civil Procedure, 1908, specify

the area of the land to which the suit relates and
where fields are numbered in the village papers,
the number and area of each field and, in

suits for arrears, the amount of the yearly ren t

which is payable. Where the land to which the suit
relates does not form one or more fields num bered

in the village papers the plain t shall contain a

sufficient description of the land and its boundaries.


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Ren t re- 37. (i) Every ten ant who pay his rent shall

eeipt. be entitled to obtain forthwith hona his land-lord a
written receipt signed by the landlord or his autho­
rised agent.

(ii) Th e receipt shall contain a description of

the land for which the rent has been paid, the total

amount of rent due, the amount of rent in cash or
the quantity of rent in kind that has been paid and
the year for which it has been paid.

(iii) If a receipt does not contain substantially

tfie above particulars, it shall be presumed, until the
contrary is shown, to be a full acq uittance of the

rent due from the tenant.

(iv) When a land-lord or his agent, without

reasonable cause, fails to deliver to the tena nt a

receipt as required by the foregoing sub-sections, the
land-lord shall be liable to pay as compensation to
the tenant a sum not exceeding two hundred rupees
for each default.

Deposit of 38. (1) When a landlord refuses to accept any

_mone^rent_ _[r e n t ]_ [w l ,e n] tendered to him by a tenant or when

the tenant is in _bonajide doubt_ as to who is

entitled to receive the rent, the tenant may make
an application to the Revenue Officer in the prescrib­
ed manner seeking permission to deposit the cash
rent or money rent as the case may be along with
the cost of transmission, and fee for notice.

(2) The Revenue Officer, if satisfied after enquiry

in the prescribed manner, as to the _bonajide of the_

circumstances preventing the tenant from paying the
rent to his land-lord, shall accept the amount tendered
and issue a receipt thereof. The receipt shall be

deemed to be a valid discharge of the rent actually
deposited by the ten ant.

(3) In cases of refusal to accept the ren t the

Revenue Officer shall rem it the rent deposited by
the ten ant by Money Order to the last known

address of the laivddord.

(4) In other cases the Revenue Officer shall

cause a notice about the fact of deposit of rent in
his office fixed in a conspicuous place and also

to be served on any person whom he has reason to
believe, is entitled to deposit. He shall thereafter

proceed to hear the person or persons interested

in the manner prescribed and if there is no dispute,
the Revenue Officer shall cause imm ediate prym ent.


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137

In cases of dispute as to the person or persons who
are entitled to receive the ren t, the amount shall
be kept tn deposit in a Government Treasury and

the dispute shall be referred to a Civil Court

having jurisdiction and the amount shall then be

paid in terms of the final decision of the Court.

CH APTER VIII

J*
**Sa le** **fo r** **ar re ar** **un der** **dec re e**

h ldiii for ^9. Where the unsatisfied rent-decree relates

arr ea?of° t o arrear rent in respect of a holding of any occu-

rent in cer- pancy ten ant, he shall not be liable to eject-

tain cases, ment for such arrear. But his holding shall be liable

to sale in execution of the unsatisfied rent-decree and
the land-lord shall, instead of filing a suit for

ejectment, submit an application, accompanied with
the rent-decree to the com petent Civil Court for
attach ing and putting the holding of the defaulting
ten ant to sale, and the decree for rent shall

be satisfied out of the proceeds of the sale.

(2) Notwithstanding anything contained in the

Civil Procedure Code, 1908, or any other law for the
time being in force, the procedure for attach ing and
selling the holding of the defaulting tenant shall
be according to the provisions hereinafter following.

Attachment 40. The competent Civil Court, on receipt of the

and procla­ application of the land lo rd , shall issue an order
mation of

sale. of attachm ent of the holding and also a

proclamation of sale of the same.

Manner of 41. The proclamation of sale shall be published
publication

in the following m an ne r:—

of sale pro­
clamation.

(a) by affixing a copy thereof in a con­

spicuous place on the land of the holding,
and

(b) by affixing a copy thereof in a conspi­

cuous place of the issuing Court, and

(c) by sending by registered post to the

defaulting ten ant a copy of the order of

attachm ent and a copy of the proclama­

tion of sale.


-----

Date of sale 42 . Th e sale shall not take place until after the

expiration of at least 30 days from the date on which
all the three conditions of Section 41 are fully

complied with :

Provided that no such sale shall take place until

after a notice has been served on the jud gement
debtor.

Sale 43 . On the date of the sale, it shall be put up to

auction and sold to the highest bidder who shall pay
one-fourth of the purchase money on the spot and
the balance within 15 day s:

Provided that, if the defaulting tenant or an

interested person pays the arrear under the decree
together with the cost, if any of the sale before the
day fixed for sale, then, the sale shall be stayed and
the land released from attachm ent:

Provided further that in the case of a holding of

an estate pertaining to a religious institution, if the
highest bid be that o f a member of a different relig­
ion 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.

the[P]sal^ ° [f] proceeds of the sale, after defraying the

proceeds. c o s t ° f t ^l e s a ^e ®*u e t o Governm ent, if any, shall be

disposed of in the following manne r:—

fa) There shall first be paid to the decree­

holder the cost, if any, incurred by him

in bringing the holding to sale ;

(b) there shall next be paid to him the

am ount under the decree ;

(c) the balance, if any, shall then be paid to

the defaulting ten ant. e

of^sale 45. The defaulting tenant or any interested per-

dePosit o f [s o n ] m a Yj w hhin 30 days of the date of the sale

decretal apply to the Court conducting the sale to set aside

amount. the sale on depositing in the Court, (a) the decretal

amount together with cost of the sale for payment to
the decree-holder, anct (b) a sum equal to 5 per cent
of the purchase money for payment to the auction

purchaser as a penalty, and (e) the cost of the sale,
if any, payable to the Governm ent, and the Court

shall thereupon set aside the sale and shall cause the
amounts under (a), (b) and (c) above to be paid

to the respective persons or authorities.


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139

Setting aside 46. The defaulting ten ant, the decree-holder or

°r [Sal]nd°of a n y o t b er interested persons may, within 60 days of

irregula rity, [t b e] date of the sale, apply to the Court to set aside

etc. the sale on the ground of material irregularity, or fraud
or mistake in publishing or conducting the sale:

Provided that no sale shall be set aside on this

ground unless the applican t proves to the satisfac­
tion of the Court that he has sustained substantial
injury by reason of such irregularity or mistake.

“ Confirmation 47. If there is no application to set aside the sale

of the sale. u n [3] e [r sections 45 and 46 or if any ] such appli­

cation has been disallowed, the Court shall make an
order confirming the sale which shall, thereupon,

» become absolute.

Auction pur- 48. The auction purchaser shall take the hold-

"ak^the s u b J e c t t o l a w fu l encumbrances, if any, including

holding*sub-g[r a n t] ° f laud f° [r] public worship, public cremation

j ect to cer- ground or public burial ground.

t ain encum­

brances.

Recovery of 49. Nothing in this Act shall prevent a holding

etc[t a] by[l0] ?he a n occupancy tenant or a non-occupancy

above pro- tenant being sold in the manner laid down

cedure. above un der orders of the Deputy Commissioner for the

recovery of (i) a loan advanced by the State Govern­
ment, the Union G overnment or a Co-operative Society,
or fii) any other Government dues, but the rent of the
holding shall rem ain the first charge on the sale
proceeds after defraying the cost of the sale.

CH APTER IX

**Ejectment**

Forfeiture ot 59. jf a tenant sublets or transfers the whole or

sublettmg11 any part of his holding otherwise than in accordance

and transfer, with the provision of this Act, then the tenant’s interest

thereon shall be forfeited ; and

(a) if the transferee is an agriculturist, he

shall be deemed to have become a

tenant under the land-lord under the

same terms and conditions as the transferor;


-----

(b) if the transferee is a non-agriculturist then

such transfer shall be void and the Deputy
Commissioner may, after such enquiry as may
be prescribed, and after ejecting any persons
in possession, place any landless agriculturist as
a non-occupancv tenant of the lan dlord.

(hounds of 51. An occupancy ten ant shall not be ejected

c ectment, j^y ]a n c p o r d from his holding except in execution of

a decree for ejectment passed on the ground that he
has used the land comprised in his holding in a man­
ner which renders it unfit for the purpose of the
tenancy.

(2) Any ten ant, not being an occupany tenant,

shall not be ejected from the land of his tenancy
except in execution of a decree for ejectment passed on
any one or more of the following grounds, name ly!—■

(a) that he has used the land comprised in his

holding in a manner which renders it unfit
for the purposes of the tenancy ;

(b) that he has broken a condition of his ten­

ancy consistent with the provisions of

this Act, and on the breach of which he
is, under the terms of the contract

between himself and his land-lord, liable
to be ejected ;

(c) that he has failed to pay the arrear of

ren t; and

(d) that the land is _bonafide required by the_

land-lord for his personal cultivation. No

suit for ejectment on this ground shall be
entertained before the expiry of 12 months

or after the expiry of 15 months for the
date of creation of ten ancy:

Provided that if the tenant has elsewhere got

no land or has lands less than 10 bighas in
area, then he shall not be ejected on this
ground unless he has been left with so
much area as will make the total of his
holding equal to 10 bighas:


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141

Provided furthe r that if the landlord does not

cultivate the land personally within one
year of the date of ejection of the tenant-
then the tenant shall be restored to his
possession.

Righis of 52. Every tenant who is ordered to be ejected

**ejected ten-** **fr o m h; s** holding shall be entitled to compensation

improvement [-] ‘[o r] improvements lawfully made by him or his

predecessors in interest in respect of his holding and
the Court’s order for ejectment shall be made

conditional on payment of the compensation.

In estimating the compensation to be paid for

improvement, regard shall be had to the following:—

(?) the amount by which the produce of the

holding or the value of the produce **or**
the value of the holding has increased by
the improvement ;

(b) the condition of the improvement and

the probable duration of its effects ;

(c) the labour and capital involved in making

the improvement ;

(d) reduction or remission of ren t or other

advantage given by the landlord to the
ten ant in consideration of the improve­
ment ;

fe) in case of reclamation or irrigation, the

length of time during which the tenant
has had the benefit of the improvement
a: an un enhanced rent.

Rights of 53. The following provisions shall apply in the

ejected ten- case of every ten ant ejected from a ho lding: —
ants in **_res-_**

pect of crops,
dwelling
house, etc. (a) Where the tenant has, before the date **of**

his ejectment, sown or plante d crops

in any land comprised in the holding, he
shall be entitled at the option of the
landlord, either to retain possession of
that land till the harvest for the purpose

of tending and gathering in the crops or

to' receive from the landlo. d the value of

the crops as estimated by the Court


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executing the ejectment decree. If the

landlord elects to allow the tenant to

retain possession of ‘he land till the

harvest, the tenant shall be liable to

pay to the landlord, during the period
of such retention of possession such ren t
as the Court executing the ejectment
decree deems reasonable.

(’b) Where the tenant has, before the date of

his ejectment, prepare d for sowing any
lan d of his holding bu t has not sown or

planted crops therein, he shall be entitled
to receive from the landlord the value                     -

of the lab our and capital expended by

him in preparing the land, as estimated
by the Court executing the ejectment

decree, together with reasonable interest <

on that value,

# fc) In the case of an occupancy tenant

compensation shall also be payable for
trees standing on the land which the

occupancy ten ant is entitled to cut and

appropriate.

fd) No ten ant shall be ejected from his

dwelling site, except after giving the

ten ant an option to purchase the dwelling
site, and if the dwelling house was

constructed at the lan dlord’s cost, then also
the dwelling house, at the prevailing
market value. If there is any dispute as

to the value, then the Court executing
the ejectment decree shall determine the
value after making such enquiry as it
deems fit.

**Procedure of** **54.** (1) No ten ant shall be ejected from his

**ejectm ciit.** holding except in execution of an ejectment decree

passed by a com petent Civil Court ; and the rele­
vant provisions of the Civil Procedure Code,

1908, shall apply to such proceeding.

(2) No suit for ejectment of a tenant on the

grounds mentioned in Section 51 (1) _(2) fa)_ and

(b) shall be entertained unless the landlord has first

served a notice on the tenant requiring him to remedy,
or to pay compensation for the misuse or the

breac h complained of and the ten ant has failed to
comply with it within one month of the receipt of the
notice.


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143

i'3) If it appears to the Court trying the

ejectment suit that the com plaint of misuse or the
breach is true but it is remediable, then it may
diiect the ten ant to remedy the misuse or the breach
or to pay a reasonable compensation fixed by it within
a specified date, and if the tenant still fails to comply

with the direction, shall pass the decree, unless

there are other reasons for not passing such decree,

(4) No suit for ejectment on the ground

mentioned in Section 51 **(2)** fc) shall be enter­

tained unless at first a decree for ren t has been

_-r._ obtained.

(5) No suit for ejectment on the ground

mentioned in Section **51 (2)** (d) shall be enter­

tained, unless a three months’ notice ending with

  - the date of expiration of the lease has first been
served on the ten ant.

CH AP TE R X

P re p a ra ti o n and m ain te n an ce o f re cord -o f-

rig h ts o f ten an ts

**Power to or-** **55 .** (1) The State Government may, where a

**der Prepara-settlement operation under Chapter II I of the Assam**

**cord-of-riRht»^[a n (]** **^** **a n ^** Revenue Regulation, 1886, is not being

**for tenants,** carried out at any time, make an order in the case

of any local area, estates or pa rt thereof directing
th at a record-of-rights, with or without survey, for
all or any class or classes of tenants be prepared
by a Settlement Officer.

**(2)** A notification in the official Gazette of an

order under this section shall be conclusive evidence
th at the ord er has been duly made.

(3) Th e survey shall be made and the record-of-

rights prepared in accordance with rules made in

  - this behalf by the State Government.

**Particulars to** 56. Where an order is made unaer Section **55**

**be recorded,** the particulars to be recorded shall be specified in

  - the order and may include either without or in

addition to oth er particulars, some or all of the

following, namely, —

(a) the nam e of each tenant ;
(b) the class to which the tenant belongs

and the date of creation of the tenancy

in respect of non-occupancy tenants ;

(c) the area and situation of the lan d held

by the ten ant ;


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144

fd) the nam e of each ten ant’s landlord J

fe) the ren t payable at the time the record-o l-

rights is being prepare d ;

(f) the mode in which that rent has been

fixed whether by contract, by order of a
Court, or otherwise ;

fe) if the rent is a gradually increasing rent,

the time at which and the steps by which
it increases ;

_&_
(h) the special conditions and incidence, if any,

of the tenancy ;

(i) any right of way or other easement

attach ing to the land for which the

record-of-rights is being prepared :

Provided that, if lands are not used for purpose

connected with agriculture, it shall be sufficient to
record that fact together with such particulars as may
be prescribed.

Preliminary 57. (1) Where a draft record-of-rights has been

publication, p r e p a red, the Settlem ent Officer shall publish the
amTfinal[11]* draft in the prescribed manner and for tne prescribed

publication period, and shall receive and consider any objections

of record- which may be made to any entry therein, or to
of-rights. any omission therefrom, during the period of

publication.

12) Where such objections have been considered

and disposed of according to such rules as the State
Government may make, the Settlement Officer shall

finally fram e the record and shall cause it to be
finally published in the prescribed manner and the
publication shall be conclusive evidence that the
record has been duly made under this Chapter.

Certificate 58. (1) Where a record-of-rights has been finally s.

?umptionM published under section 57, the Settlement Officer
’©'final p ub-shall, within such time as the State Government

lication and may by general or special order, require, make a
presumption certificate stating the fact of such final publication

B1ss°ofr re-t"a n ^ t ^i e d a t e thereof, and shall date and subscribe

cord-of- the same with his name and official title.

rights.

(2) The certificate of final publication, or, in the

absence of such certificate, a certificate signed by the
Deputy Commissioner of a district in which the
estate, or pa rt thereof to which the record-of-rights
relates is situate, stating that a record-of-rights has

been finally published on a specified date shall be
conclusive proof of such publication and of the **dale**
# thereof.


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145

(3) Th e State Government may, by notification,

declare with regard to any estate, that a record-of-
rights has been finally published in the village in
which the estate is situate and such notification shall
be conclusive proof of such publication.

**(4 )** In any suit or other proceeding in which a

record-of-rights prepared and published under this

Chapter or a duly certified copy thereof, or extract
therefrom, is produced, such record-of-rights shall

be presumed to have been finally published unless
the contrary is proved.

(5) Every entry in a record-of-rights finally pu b­

lished shall be conclusive evidence of the matter referr ed
to in such entry, and shall be presumed to be correct
until it is proved by evidence to be incorrect.

**Appeal to** **59-** (1) An appeal, if presented within two

**and revision** months from the date of the order appealed against,
**by superior** shall lie to the Director of Land Records or any other
**authorities.** o [ff]i c e r o r [ officers authorised by the State Government ]
in this behalf from every order passed by a Settlement
Officer prior to the final publication of the record-of-
rights on any objection made.

The orders of the Director of Land Records or any

other officer or officers authorised by the State Govern­
ment in this behalf shall, subject to the following sub­

section be final.

(2) The State Government may in any case

on application or of its own motion, direct the revi­
sion of any record-of-rights or any portion of a
record-of-rights:

Provided that no such direction shall be made

until reasonable notice has been given to the parties
concerned to appear and be heard in the matter.

Power to di- 60. The State Government may make an order

**rect mainte-** directing that the record-of-rights in any district,

cord-o^ [IB]~ l° [c a] l area, estate or class of estates prepared under

**rights.** Chapter II I, Part D, of the Assam Land and Reve­

nue Regulation, 1886, or under this Chapter shall be

maintained, so far as the interests of tenants of any
class or classes are concerned, by registering all
changes in the ownership accompanied by possession
# of such interests.

**Procedure on** 61. When an order is made under section

**application** 60 the Deputy Commissioner or an officer invested

**for _ regis-** with the powers of Deputy Commissioner under sections

**information” 60** **[t o]** 64 of the Assam Land and Revenue Regulation,
**received** 1886, who receive information through an applica*

otherwise, tion or otherwise of any change in the ownership


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146

himself or by some other person, and is not trace­
able in spite of the best efforts of the land­

lord, then the landlord may, at any time after
expiration of two years from the dale of the tena nt’s

ceasing to cultivate the holding, and after giving
information to the Deputy Commissioner and obtain­
ing his permission thereto enter on the holding.

(2) If the landlord is a proprietor or a land ­

holder, he may let it out to another tenant subject

to the provisions of any law for the time being in

force, or cultivate the land himself ; but if the
landlord is himself a tenant, he shall not let it out
again to an under-tenant.

(3) If the ten ant abandoning the lan d has

an under-tenant below him existing from a date

prior to commencement of this Act the said under­
tenant shall become a te nant under the landlord on
the same terms and conditions as those on which
the tenant who abandoned the land had held it.

65. When the landlo rd of any ten ant’s holding

is a proprietor, land-holder or settlement holder

and the entire interests of the landlord an d the

tena nt in the holding become united in the same per­
son by transfer, succession or otherwise, such person
shall have no right to hold the land as a tenant

bu t shall hold it as a proprietor, land holder

**or** settlement bolder, as the case may be ; but

nothing in this section shall prejudicially affect the

rights of any third person.

Matters ex- 66. Except where otherwise expressly provided

empted from fo l jn this Act or the Rules made thereunder, no v

of[8]Civh[1C]C Civil Court shall exercise jurisdiction in any of the

Court. following matters,—

(a) Claims to enhancement, reduction or

alteration of rent of ho ldings;

(b) Claims to deposit re n t;

(c) Preparation of record-of-rights under

Chapter X and preparation, signing,

or alteration of any document contained

therein ;

(d) Maintenance of record-of-rights ;


-----

# 147

In these matters, the jurisdiction shall only be with

the Revenue Court or Officer as the case may be.

Appeals 67- In all proceedings under this Act before a

Revenue Officer or in a Revenue Court, except
those in connection with preparation of record-of-
rights under Chapter **X** and except where other­

wise expressly provided for, appeals shall lie as

follows ;—

(a) to the Assam Board of Revenue from

original order of the Deputy Commissioner
or the Settlement Officer, within 60 days
of the order appealed against ;

j

fb) to the Deputy Commissioner or the

Settlem ent Officer, within 30 days of the
ord er appealed against, from orders

passed by any Revenue . Officer sub­

ordinate to him, even if the latter was

exercising the delegated power of the

Deputy Commissioner or the Settlement
Officer when passing such order.

Jurisdiction **68.** Except as provided in Sections 66 and **67 the**
of Civil Civil Court shall have jurisdiction in all suits between
Court.

landlord and tenant as such.

**Power** **to** 69. (I) The State Government may, from time

modify Civil

to time, make rules consistent with this Act decla­

Procedure
Code inits ring that any portion of the Civil Procedure Code,
application 1908, shall not apply to suits between landlord and

to landlord tenants as such or to any specified classes of such
and tenant

suits or apply to them subject to modifications

suits.

specified in the rules.

(II ) Subject to any rules made under the

foregoing section and to the other provisions of this

Act, the Code of Civil Procedure, 1908, shall apply
to all such suits.

7> Delegation 70. The State Government may, by notification

of Powers.

in the Official Gazette, invest generally or for special
purposes and with such restrictions or conditions as it
deems fit, —

(a) any Revenue Officer or Assistant Settlement

Officer with all or any of the powers of
the Deputy Commissioner or the Settle­
ment Officer ; and

(b) any Settlem ent **Officer** with all **or any of**

the powers of the Deputy Commissioner
for the purposes of and under this Act.


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148

Penalties 71. Whoever —

(i) wilfully fails or neglects to comply with

any requirements made of him under
this Act, or

(ii) contravenes any lawful order passed

under this Act, or

(iii) obstructs the Deputy Commissioner or

the Revenue Officer or any Officer

authorised by him in taking any lawful
possession under this Act, or

(iv) wilfully contravenes any provisions made

in this Act or Rules made thereunder, or

(v) furnishes information which he knows or

believes to be false or does n ot believe
to be true, shall, on conviction before a
Magistrate, and in addition to any

other action that may be taken against

him, be punishable with imprisonment
which may extend to 6 months or with

fine which may extend to one thousand
rupees or with both.

Protection of 72. No suit or proceeding or other legal proceeding
in[t On]d s’l a ^ against any person for anything done in good

in goo a ith -fa [ith ] p u r s u a n c e o f a n y o f the provisions of the Act

or the Rules or orders made thereunder.

Power to y3. The Deputy Commissioner, may, for the pur-

order pro- p Q s e Q [f ]t [jjj] s [Act, ] r e [q] U[i]r e a n [y person to produce any ]

documents, documents, paper or register which is in his posses-
etc. ’ sion or under his control, or to furnish any informa­

tion which he may think necessary for the pro per
discharge of any duties under this Act.

Power for 74. Any officer, or authority holding an enquiry

enforcing att- o r hearing an appeal under this Act, shall have the
endance, etc. p O w e r o [f ] a [ CS]ivil Court under the Code of Civil

Procedure, 1908 in respect of,—

(a) enforcing attendance of any person and his

examination on oath ;

(bi compellingTproduction of do cu men t; and

(c) issue [of Commission.


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149

and possession, of any such interest as is referred to
in the loregoing section may make an ord er direct­
ing the registration of the nam e of the person so
entering into ownership and possession:

Provided that—

fa) the information has been verified by local

enquiry made by an officer having the
powers of Deputy Commissioner under
sections 50 to 54 of the Assam Land and
Revenue Regulation, 1886, or

fb) notice has been published and enquiry

held in a manner similar to th at pres­
cribed by Sections 52 and 53 of the

Assam Land and Revenue Regulation,

1886.

Application 62. Where any person is aggrieved by an

order direct [o r c l e r] directing registration under Section 61 which

ing the regis-^ [a s] been made after verification ol the information

tration. received by local enquiry only, he may apply to the

officer passing the order or his successor in office to
set aside the order and on receipt of such application
the officer receiving it shall cancel the registration
and then proceed to publish the notice and hold

the enquiry as in clause (b) of the proviso to

Section 61 .

CH APTER XI

**Miscellaneous**

Surrenders 63. No ten ant shall voluntarily surrender his

holding except with the prior permission from the
Deputy Commissioner and any voluntary surrender

shall not be valid—

(1) if such surrender is not approved by

the Deputy Commissioner ;

(2) if the tenant does not give at least 3

months notice in writing to the landlord J
and

(3) if it is done without the consent and

approval of the encumbrancer or under­

tenant or tenant when there is an encum­
brancer or an under-tenant or tenants as
the case may be :

Provided that the landlord shall not be

eligible to resume the land for personal cultivation.

The Deputy Commissioner may, when he permits a

sw. render place a landless Agriculturist in the holding
who shall, thereafter, become a non-occupancy

tenant of the landlord.


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150

Abardon- 64 . (1) If a tenant not being an occupancy tenant

ment. voluntarily abandons his usual lesidence in the village
or the neighbourhood without notice to his landlord

and without arranging for paym ent of his

.tent, ceases to cultivate his holding, either by

Power to 75. (1) The State Government may, by notifica-

make rules, tion in the Official Gazette, make rules for carrying

out the purposes of the Act.

(2) Eveiy rule made under this section shall be

laid as soon as may be after it is made, before the
State Legislature while it is in session for a total
period of fourteen days which may be comprised in
one session or in two successive sessions, and if, before

the expiry of the session in which it is so laid or
the session immediately following, the Legislature

agrees in making any modification in the rule or

that the rule should not be made, the rule shall

thereafter have effect only in such modified form
or be of no effect, as the case may be; so, however,
that any such modification or annulment shall be

without prejudice to the validity of anything previously
done under tha t rule.

Repeal and 7®* (1) The Assam (Temporarily Settled Dis- Assam Act.

Saving. tricts) Tenancy Act, 1935 and the Assam Adhiar H Io fl935

Protection and Regulation Act, 1948 are hereby Assam Act

repealed. X II of 1948.

(2) Notwithstanding such repeal ;

fa) any rule made, any order issued, any

notification published, any proceeding

commenced, any action taken, or any

thing whatsoever done under the Acts
repealed, shall continue and be deemed
to have continued and have effect as if
made, issued published, commenced,

taken, or done under the provisions of
this Act ;

(b) any action taken, order made, or other

actst nd things done by any officer

acting or purporting to act under the

Acts repealed shall be valid and sha'l be
deemed always to havs been valid and

s ha ll not be called in question in any

Court on the ground of incompetency
ot the Officer to act under the Acts
repealed


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