The Sylhet Tenancy (Amendment) Act, 1970

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insertion.of 4. After seclion 182 of the principal Act, ' the 
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fa: following new sections shall be inserted, namely:-
in Assam Act 
I of 1929. 
' -" 183. ( 1) The Assam Adhiqn Protection and Reg ula-
tion Act, 1948, so far as it applies to the area 5 in \\ hich 
the principal Act (The Goalpar a Tenanc)' Ac_t, 1929) 
is applicable, is her eby repealed. 
(2) On such rer« 'l.l, ~11 the prov1s1ons of this 
Act shall be ap plicable t'o the Adh iars within the 
me ani ng of the A~ rnm Adhiars Protection and Re gula­
tion Act, 1948 hereby repeal t d and suc.h Adhiars will 
;.cquire the stat us · of an und er-raiyat with or without 
a limit ed right of occupancy as the case may be, under 
lhis Act. 
184. On the repeal of the Assam Adhiars Protection 
and Regulation Act, 1948. -
(1) The Adhi Conciliati on Board shall be 
dee me d . to have tieen aboli ,hed and all tte me mbers 
thereof and the officers working therein shall be 
deemed to have relinquished their , po~ts as members of 
.officers, as the case may be, of the Board . 
. (2) All the proceedings per,ding before the Adhi 
Conciliation Board shall stand transfo red to the Civil 
Court competent to entertain and dispose of the matter 
a~ if the proceedings were rent ' uits bctwe:en the par­
ties and the Court shall proceed to dispose of tl>e same 
as rent suit.'' 
ASSAM ACT V OF 1971 . 
(Received the assent of the Governol' on the 3rd February 1971) 
THE SYLHET TENANCY (AMENDMENT) ACT 
1970 
[Published in the Assam Ga;;,ette Extraordinary, dated the 9th February 1971) 
An 
Preamble . 
Act 
further to amend the Sylhet Tenancy Act, 1936. 
Whereas it is expedient fur ther to amen d the Sylhet Actuz Act 
Tenanc y · Act, 1936, hereinafter cdlled the prinoipt\l XI of 1V06, 
Act, in the manner hereinafter ap~earini i 
8hort tit le, 
extent and 
com menc e­
ment , 
Amendm ent 
of sectio n l 
of Allam 
A.ct XI ' 
19361 
I t is hei eby enacted in the Twenty-first Year of the 
Republic cf Indi " as follows:-
1. (1) This Act m ay be called the Sylhet Tenancy 
(A.mendment) Act , 1970. 
(2) It sh 3. ll have the likt extent a > the princi pal 
Act , 
(ii) ) ish ,dl come into force at once. 
2. In section 1 of the principal Act, tl!e Explana­
tion shall be subs:ituted as follows ,-
"Explanation :-P urpo ses ancillary to special cultiva• 
tion sha ll mean the followi ng:-
(i) lan d used for factory buildings 
(ii ) land used for staff buildings including ' Jabour 
Jines ; 
(iii) land used for road s, bridges and drain w 1 ~hi n 
the tea estates ; 
(i ; ) land used for n Ltrseries including shade trees J 
(v) lan d used for hospitals, dispensari es, creche 
2nd r ecreati on club; 
1vi) land used for any other buildings mad e uy 
the management under other law in force ; 
\_Vii) land Used for seed barJ.·l. 
,, 
Am!ndment 3. In section 3 of the princip al Act,--· 
of section 3 
of Assam . 
Act XI of 
19.fo. ' 
(1) In sub-section (16),-
(a) after the words " to t hat person " occ urring at 
the end, the following shall be addeL! 
namely:-
''and also includes a pason who culti vates the land 
of another person under the system gene raily known as 
'Adhi' (wheth er Guchiadhi or Gutiadhi ), 'Barga', 
or 'Bhag', 'Ghukti' er 'Chuk ani', on condition of 
delivering a share 0f the produce of such land to that 
person." 
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(b) The Explanation shall be d eleted and the 
following shall be inserted as second proviso, namely: -
. "Provided further that labourers employed for 
personal cultivation shall not be deemed to be tenant." 
(2:. in sub.section (18),-
(a) after the· word "tenant'~ occurring at the 
end, the following shall be added, namely z-
"and shall include the share of crop deliverable 
t.r a tenant." 
(b) The following shall b' inserted as explana· 
tion, namely:-
"Explanation.-Share of crop will be determined 
by mutual agreement between landlord and the 
tenant: 
Provided that the landlord's share shall not 
exceed one-fifth of the principal crop." 
(3) after sub·section (28), the following shall 
be inserted as sub-sections ( 29), (30), (31) and (32) # 
. namclyz-
" (29) 'Principal crop' shall mean only one crop 
for each agricultural year as may be agreed upon 
mutually between the landlord and the tenant: 
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Provided that where there· is no agreement, tne 
principal crop shall be only one agricultural crop 
grown in each agricultural year in the local area 
specified as follows:-
In th e district of Cachar-Sali or such local name 
generally used in respect for paddy known as winter 
paddy, the harvesting of which is done in the months 
of December~ .January and February corr esponding 
to Pausa, Magha and Phalguna." 
" ( 30 ) 'Money rent' in relation to rent 
payable in crop share for purpose of deposit into 
Court a nd for calcula tion of arrear rent is the mooey 
value of the crop deliverable by a tenant to a land­
lord and such money value shall be computed on 
the basis of the market value of that crop prevailing 
at the time of harvesting in the locality concerned." 
" ( 31 ) 'Person al cultivation' means cultiva­
tion by the pers0n himself, or by member of his 
family or by his hired labourers on fixed r emun eration 
payable in cash or kind but not in crop share, under 
personal supervisions of the person himself or "ay 
member of his family: 
Provided it is accompanied by the bearing of 
risks of r.ulti vation by the owner and by residence 
in the village in which the land is situated or nearby 
village or town within a distance of 5 miles during the 
greater part of the agricultural season: 
l~rovider:l that in the case of .. a person who is 
a widow or a minor or is subject to any physical 
or ment~l di ~ ability or is a mcm t er of the Defence 
forces of the Indian Union or is a student below 
the age of 21 years of an educat ional Institution 
recognised by the State Government, the land shall . 
be deemed under personal cultivation even in the 
absence of such personal supervision." 
"(32) "Fa ir rent in relation to rent payable in 
crop share' means the rate of rent not exceeding one­
fifth or' the produce of the principal crop grown -in 
each agricultural year: 
Provided that where the crop fails due to natural 
calamities and the payment of crop share is not possi­
ble due to circum stan ces beyond the control of the 
tenant, a sum equal to double the annual land 
revenue or rent payab le by his immediate land lord 
for 1uch holding shall be fair rent.'! -
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Air.end!llent 4. In section 5 of the principal Act, in sub-sec· · 
0 f ~hon 5 tion (2), the full-stop at the end shall be deleted and 
Act ,;.f (o)f the following words followed by a full-stop shall be 
1936. added, namely:-
"and furtqer includes a person who cultivates 
the land of another persons under t:he system gel'J.erally 
known as 'Adhi' (wheLher Guchiadhi or Gutiadhi), 
'Barga', 'Bhag', 'Chukti' or 'Uhukani' on condition of 
delivering a share of the produce of such land to that 
r>erson." 
A.ddition of 5. After section 210 of the principal Act, the 
sectioM. foiiowing sections shall be inserled, namely:--
"Repeal an~ 210A. (I) The Assam Adhiars Protection and 
Savini!'. R-:gulation Act, 1948, so far it applies to the Sub­
division of Karimganj in the District of Cachar is 
hereby repealed. 
(2) On such repeal, all the prov1S1ons of 
this Act, shall be applicable to the adhiars within 
the meaning of the Assam Adhiars Protection and' 
Regulation Act, 1948 hereby repealed and such 
adhiars will acquire the status of occupancy and non• 
occupancy tenants, as the case may be, unaer 
this Act. 
Abolition of 21 OB. 0 n the repeal of the Assam Adhiars Assa..., Aet. 
XII of l<J48. the Ad hi ProtectioP "lnd Regulation Act, 1948 ,--
Conciliation · 
Board and 
disposal of 
pending 
cases. 
( l) the Ad hi Conciliation Board shall be deemed 
to ha\e been abolished; and all the members thereof 
and the offices working therein .shall be deemed to 
have relinquished th eir posts as members .or officers as 
the case may be, of the Board. 
(2) all · the proceedings pending before the Adhi 
Conciliation Board shall stand transferred to the Civil 
Court competent to entertai n and dispose of the 
matter as if the proceedings were rent . suits between 
the parties and the Court shall proceed to <lispose ('f 
the same as a rent 11uit." 

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