The Assam (Temporarily Settled Districts) Tenancy (Amendment) Act, 1953

ASSAM ACT XXVII OF 1953 THE ASSAM (TEMPORARY-SETTLED DIST­ RICTS) TENANCY (AMENDMENT) ACT, 1953 (Passed by the Assembly) (Received the assent of the President on the 10th September 1953) [Published in the Assam Gazette, dated the 23rd September 1953] An Act further to amend the Assam {Temporarily-Settled Districts') Tenancy Act, 1935 Prtamble. Whereas it is expedient to amend further the Assam Act Hi Assam (Temporarily-Settled Districts) Tenancy Act, of 1935. 1935, hereinafter called the principal Act, in the manner hereinafter appearing. It is hereby enacted as follows— Short title, T (-0 This Act may be called the Assam (Tern- extent and porary-Settled Districts) Tenancy (Amendment) Act, commence- 1953. ment. (2) It shall have the like extent as the principal Act. (3) It shall come into force at once. Amendment 2. In section 2 of the principal Act— of lection 2 of Assam Act III of 1935. (1) In the explanation to clause (g') of sub­ section (1) after the words “ the New Lease Rules”, the words “though now assessed with full revenue”, shall be inserted. (2) In clause (a) of sub-section (2) the bracket and the words “excluding the Mikir Hills Tracts, as notified from time to time ” shall be deleted. (3) In sub-section (3) the word “ other ” shall be inserted after the word “ any ” appearing for the second time in the second line and the words “ or to any temporarily-settled area in the excluded portions of the districts mentioned in sub-section (2) above” shall be deleted. (4) In the proviso (i) to sub-section (3)— (a) the number (t) before the proviso shall be deleted ; (Z>) a “ full stop ” shall be put after the word “ manner ” occurring in the last line, and the word “ and ” occurring thereafter shall be deleted. (5) In the proviso to sub-section (3), item («) shall be deleted. [ Price annas 2 or 2d.] 2 Amendment 3. For sub-section (17) of section 3 of the princi- Aiwm AcHII Act, the following shall be substituted, namely— of 1935. “(17) ‘Maximum rent or rate of rent’ of agricul­ tural holdings or part thereof, held on cash rent means a sum representing three times the revenue rate. Where agricultural holdings or part thereof are held on produce rent, “maximum rent” means one-fourth of the actual produce thereof.” Amendmen t 4. In section 5 of the principal Act— of section 5 of Assam Act III (1) In sub-section (1) the figure “ 20” shall be of 1935. substituted by the figure “12”. (2) In sub-section (3) the figure “20” and the words “this Act” shall be substituted by the figure “12” and the words “the Assam (Temporary-Settled Districts) Tenancy (Amendment) Act, 1953” respec­ tively. Substitution 5. For section 11 of the' principal Act, the of section 11 of following shall be substituted, namely— Assam Ac t III of 1935. ’Right of 11. A privileged raiyat shall have an unrestricted transfer. right of transfer in respect of his holding, but no transfer shall be binding on the landlord until a written notice thereof has been given to the landlord : Provided that the right of a privileged raiyat holding under a religious institution such as a temple, Satra or mosque shall be restricted to transfer to per­ sons belonging to the same religion as the institution in which the ownership of the land is vested. ” 6. In section 13 of the principal Act— Amendment of section 13 of (1) clause (a) of sub-section (1) shall be Assam Act HI deleted. of 1935. (2) In clause (Z>) of sub-section (1) the words “in all other cases” shall be deleted. (3) In sub-section (2) the words “30 years and” and the word “respectively” occurring in the first line shall be deleted and the words “this Act” occur­ ring in the last line shall be substituted by the words “the Assam (Temporary-Settled Districts) Tenancy (Amendment) Act, 1953”. (4) For the illustration after the proviso to sub­ section (6J, the following shall be substituted, namely— “Illustration.—-When a person holds land as a raiyat, say, for seven years, then under the system mentioned in this sub-clause for four years, and there­ after again for a further term as a raiyat, occupancy right shall not accrue unless such further term extends to a period of not less than five years.” 3 Substitution 7. For sections 19 and 20 of the principal Act, the andeCt2o"S of9 ^°^ow*ng shall be substituted, namely— Assam Act III of 1935. “Right of 19. An occupancy raiyat shall have unrestricted transfer. right of transfer in respect of his holding but no transfer shall be binding on the landlord until a written notice thereof has been given to the landlord: Provided that the right of an occupancy raiyat holding under a religious institution such as temple, Satra or mosque shall be restricted to transfer to persons belonging to the same religion as the institution in which the ownership of the land is vested. Right of sub- 20. An occupancy raiyat shall have right of letting. subletting his holding or any part of it to persons to whom he could validly tranfer it under section 19.” Amendment 8. In clause (6) of section 22 of the principal of section 2 2 Act, for the words “four annas” the words “three of Assam Act annas” shall be substituted. Ill of 1935. Substitution 9. For section 30 of the principal Act, the following of section 30 shall be substituted, namely :— of Assam Act III of 1935. “30 This chapter applies to raiyats who have not acquired the rights either of a privileged raiyat or of an occupancy raiyat and who are in this Act referred to as non-occupancy raiyats”. Amendment 10. In the proviso to section 33 of the principal of section 33 Act, for the words “this Act” and “ten years” the of Assam A Act III of words “the Assam (Temporary-Settled Districts) 1935. Tenancy (Amendment) Act, 1953” and “five years” shall i respectively be substituted. 1. it Amendment 11. In section 35 of the principal Act, for the of section 35 words “three years” the words “two years” shall be of Assam Act substituted. III of 1935 . Amendment 12. In section 38 of the principal Act, the “full of section 38 stop” at the end shall be deleted and the following of Assam Act shall be added, namely :— III of 1935. “but it shall not exceed, in any case, the rent paid by his immediate landlord to the latter’s landlord by more than 50 per cent”. Amendmen t 13. In the proviso to section 39 of the principal of section 39 of Assam Ac t Act, III of 1935, 1 V* 4 (j) for the words ‘this Act’ and ‘ten years’ the words ‘the Assam (Temporary-Settled Districts) Tenancy (Amendment) Act, 1953 and ‘five years’ shall respectively be substituted. I (it) the words “under a privileged raiyat” shall be omitted. 1 Amendment 14. In the proviso to section 42 of the principal of section 42 Act, the words “held under a privileged raiyat” shall of Assam Act IH of 1935. be deleted. Amendment 15. In the proviso to section 63 of the principal of section 63 Act, the words “of a privileged raiyat’s rights” shall be of Assam Act HI of 1935. deleted. Amendment 16. In section 109 of the principal Act •— of section 109 ni^ofm^1 (1) in sub-section (1) the words “if the tenant be a privileged raiyat or an occupancy raiyat” shall be deleted. (2) for the proviso to sub-section (1) the following shall be substituted, namely :•— “Provided that in the case of a holding in an estate pertaining to a religious institution, if the highest bid be that of a member of a different religion from the one to which the institution belongs the landlord shall have the option, to be declared in writing to the Court within 30 days of the sale, of purchasing the holding at the highest bid.” (3) for sub-section (2) the following shall be substi­ tuted, namely “ (2) Notwithstanding anything contained in sub­ section (1) above, the Court may, on the application I of the landlord, proceed to execute the decree against the person or any other property of the defaulter.” Amendment 17. (1) After sub-section (1) of section 114 of the of section 114 principal Act, the following shall be inserted as sub- of Assam Act III of 1935. section (2), namely :— “(2) Notwithstanding anything contained in sub­ rule (2) of Rule 66 of Order XXI in Schedule I to the said Code it shall not be necessary for the Court to draw- up the sale proclamation after notice to the judgment- debtor in the case of lands ordered to be sold for arrears of rent due in respect thereof.” 5 (2) Existing sub-sections (2) and (3) shall be renum­ bered as sub-sections (3) and (4) respectively and at the end of clause (b) of sub-section (3), so renumbered the ‘full- stop’ shall be substituted by a ‘comma’ and the word “and” and the following shall be inserted as clause (c) namely :— “ (c) by sending in the prescribed form by registered I post to the judgment-debtor a concise statement of the order of attachment and proclamation at the time of issue ! of the order of attachment and proclamation.” Amendment 18. In sub-section (3) of section 121 of the principal of section 121 Act, for the words ‘six months’ the words ‘ninety days’ III oFilVs Ct be substituted. Amendment 19. In sub-section (1) of section 123 of the principal of section 123 Act, of Assam Act , III of 1935. (1) for clause (c?) the following shall be substituted namely :— “(</) shall increase the rate of interest payable cn arrears of rent as laid down in section 59.” (2) In clause (g) for the words and brackets “hall (or in the case of jute, one-third)” the words “one-fourth” shall be substituted. 1 A G.P. (leg.) No.24/54—1125—22-6-1954.