The Goalpara Tenancy (Amendment) Act, 1970
8

**ASSAM ACT IV OF 1971**

TH E GOALPARA TENANCY (AM ENDMENT) ACT, 1970

**(Received the as sent of the Governor on the 19th January, 1971)**

[Published in the _Assam_ _Gazette Extraordinary,? dated the 25th_

Janu ary, 1971]

_An_
_Act_

_further to amend the Goalpara Tenancy Act, 1929_

## b

Preamble. Whereas it is expedient further to amend the 4 [SS]p’?Q9p[C]

Goalpara Tenancy Act, 1929, hereinafter' called the ° ’

principal Act, in the manner hereinafter appearing ;

It is hereby enacted in the Twenty-first Year of

the Republic of India as follows : —

Short title, 1.(1 ) This Act may be called the Goalpara

extent and commence- Tenancy (Amendm ent) Act, 1970.1 v

ment.

(2) It shall have the like extent as the principa l

Act.

(3) It shall come into force at once. . . '             -

Amendment 2. In section 4 of the principal A ct,—
of section 4
of Assam

Act 1 of 1929.

(1) In clause (17),—

(a) after the word “ tena nt” the punctuation            -

shall be deleted and the following shall

be added, nam ely: —

4

“ and shall include the share of crop deliverable

by a tenant

(b) For the second parag rap h, the following

shall be substituted, namely:—

“ Provided th at where Government is a landlord,

rent shall be paid in cash and not in kind;”


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(c) After the second parag raph as so substituted

following shall be added as the third

paragraph, nam ely: —

“ Share of crop shall mean the share of the

principal crop grown in each agricultural year and will
be determined by mu tual agreem ent between the land ­
lord and the tenant, subject to the maximum of one-
fifth of the produce of principal crop grown in each

agricultural year, but shall not exceed fair rent :

Provided that landlo rd’s share shall not exceed

fair rent.”

(2) in clause (20),—

(a) the punctuation “ ,” occurring between the

words “person” and “bu t” shall be deleted

  - and the following shall be inserted followed

by the punctua tion namely :—

“ and includes a person who, under the system

generally known as “ adhi (whether Guchiadhi or

gutiadhi) ‘barga’, ‘bhag’, ‘chukti’ or ‘chukani’,

cultivates the land of anothe r person on condition of
delivering a share or quantity of the produce of such
land to that person.”

(b) the following proviso shall be added,

name ly:—

“ Provided that the labourers employed

for personal cultivation shall not be deemed **to**
be tenant within the meaning of this clause.”

(c) the explanation (2) shall be deleted.

(3) After clause (21) the following shall be

inserted as clauses (22), (23), (24) and (25), nam ely:—

“ (22) ‘Principal crop’ shall be only one crop for

each agricultural year as may be agreed upon

mutually between the landlord and the te nant:

a Provided that where there is no agreement, the

principal crop shall be only one agricultural crop
grown in each agricultural year in the local area speci­
fied as follows:—

In the district of Goalpara—Saii or such local

name generally used in respect of paddy known as
winter paddy, the harvesting of which is done in

the months ol December, January and February
corresponding to Pausa, Magha and Phalguna.


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(23) ‘Money ren t’ in relation to rent payable

in crop share for purpose of deposit into court and or
calculation of arrear rent is the money value of the
cro p deliverable by a ten ant to a landlord and such
money va’ue shall be computed on the basis of the

market value of th at crop prevailing at the time of

harvesting in the locality concerned.

(24) ‘Personal cultivation’ means cultivation by

the person himself, or by mem ber of his family or by
his hired labourers on fixed rem uneration 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 within a distance
of 5 miles during the greater part of the agricultural
season:

Provided that in the case of a person who is a

widow or minor, or is subject to any physical or

mental disability or is a member of the Defence Forces
of the Indian Union or is a student below the age of

21 years of an educational Institution recognised by

the State Government, the land shall be deemed

under personal cultivation even in the absence of such

personal supervision.

;25' ‘Fair rent in relation to ent payable in crop

share’ means the rate of rent not exceeding one-fifth

of the produce of the principal crop grown in each
agricultural ye ar :

Provided that where the crop fails due to natural

calamities and the payment of crop share is not possible
due to circumstances beyond the control of the tenant,
a sum equal to double the annual land revenue or rent
payable by his immediate land-lord for such holding
shall be fair rent.”

Amendment 3. In section 6 of the principal Act, in clause (4)

of section the punctuation “ , ” occurring between the. words -S

6 ° r ^ san) “raiyat” and “b ut” shall be deleted and the following

C t1929 s hall be inserted followed by the punctuation “ , ” .

“ and includes a person who, under the system

generally known as ‘adhi’ (whether gtichiadhi or

Gutiadhi), ‘barga’, ‘bhag’, ‘chukti’ or ‘chukani’, culti­
vates the land or another person on condition of deliver­
ing a share or quantity of the produce of such land to
that person.”

_____


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insertion of 4. After seclion 182 of the principal Act, the

and^islf[o] ^ [o w] *n g n e w s e c ti° n s shall be inserted, namely:—

in Assam Act

I of 1929.

“ 183. (1) The Assam Adhiars Protection and Regula­

tion Act, 1948, so far as it applies to the areas in which
the principal Act (The Goalpara Tenancy Act, 1929)

is applicable, is hereby repealed.

(2) On such repeal, all the provisions of this

Act shall be applicable to the Adhiars within the

meaning of the Assam Adhiars Protection and Regula­
tion Act, 1948 hereby repealed and such Adhiars will

acquire the status of an under-raiyat with or without
a limited right of occupancy as the case may be, under

(his Act,

184. On the repeal of the Assam Adhiars Protection

and Regulation Act, 1948.

(1) The Adhi Conciliation Board shall be

deemed to have been aboli hed and all the members
thereof and the officers working therein shall be

deemed to have relinquished their posts as members of
officers, as the case may be, of the Board.

(2) Ail the proceedings pending before the Adhi

Conciliation Board shall stand transfei red to the Civil
Co urt competent to entertain and dispose of the matter
as if the proceedings w ere rent suits between the par­
ties and the Court shall proceed to dispose of the same
as rent suit.”

ASSAM AC T V OF 1971

**(Receiv ed the as sent of the Governor on the 3rd February 1971)**

**THE SYLHET TENANCY (AM ENDMENT) ACT**

**1970**

[P ubli ih ed in th e Assam Ga zette E x tr ao rd in ary , d ate d th e 9 th F eb ru ary **1971 ]**

_An_

_Act_

_furthe r to amend the Sylhet Tenancy Act, 19 36 ._

Preamble. Whereas it is expedient further to amend the Sylhet Asirtn ac»

Tenancy Act, 1936, hereinafter called the principal **X I** of 1836,

Act, in the manner hereinafter appearing ;


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