The Sylhet Tenancy (Amendment) Act, 1961

Assam · state statute

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146
:Power of 28. (1) The State Government may make rules
'tt;i.te Go- for carrying out the purposes of this Act. vc·nuReRt to
Jnakc rules.
(2) All rules under this Section shall be
laid for not less than fourteen days before the
Assam Legislative Assembly as soon as possible
after they are made, and shall be subject to
such modifications as the Legislative Assembly
may make during the Session in which they arc
so laid or the Session immediately following.
1rr; I • -
ASSAM ACT No.XX.VI OF 1961
THE SYLHET TENANCY (AMENDMENT) ACT, 1961
(As passed by the Assembly)
(Received the assent of the Governor on the 27th December 1961)
: !
[ flublishcd in the Assam Gazette, Extraordinary, dated the 28th December
1961. ]
l"rcamble,
An
Act
further to amend the Sylhet Tena11c11 Act, 1936
. . Assam /let \VHEREAS it 1s expedient further to amend Xlof lli36,
!he Sylhet Tenancy Act , l\J~iG , hereinafter called
the Principal Act, in the manner hereinafter
appearing :-
It is hereby enacted in the Twelfth Year of the
Republic of India as follows :-
Short title 1. ( 1) This Act may be called the Sylhet Tenan -
and com- cy (Amendment) Act 1961. menccment. · '
Amendment
ofSe tion 3
ef Assam Act
XI of 1936,
(2) It shall come into force at once.
(3) It shall have the like extent as the
Principal Act.
2. In Section 3 of the Principal Act,-
( 1) in clause ( 16) , the colon after the word
"person" shall be deleted and the following
words and colon shall be added, namely :-
"and includes a person who holds land of
another persoP "'nder the system known as
147
"Chakran", "IGran", "Non-kar", "Etmander",
"Bhandari" or the like on condition of rendering
service to that person" :
(2) for the explanation, the following shall
be substituted,-
"Explanation.-A person who cultivates the
land of another person under the system gene
rally known as 'Adhi', 'Barga ' or 'Bhag' on condi
tion of delivering a ~hare of the produce Lo that
person is not a tenant ".
Amend.ment ~. In section 5 of the Principal Act, in sub -
ooff ~
5
cct ionA'ts ec tion (2), thC' full-stop at the end shall be deleted n ssam c .
XI of 1936, and Lhe follow111g words and full -slop shall be
added, namely :-
"and also includes a person who holds lands
of another person under the system known as
'Chakran', 'IGr a n ', 'Non-kar', 'E lmander ', 'Bhan
dari' or the lik e on condition of rend ering ser
service to that person : "
Deletion of 4. Section 2G of the Principal Act shall be section 26 of delet ed. Assam A.cl
xr of 1936.
8ubstituti·m 5. For Section 30 of the Principal Act, the
o_f new sec- following section shall be subs ti Luted , namely :-lion 30 of ·
Assam A.ct
XI 0 1 193f;,
" \!anner of
tr<&n,f~r anci
notice to
landl ord.
~O. ( 1) Every transfer shall he made .. hy regis
tered instrument. except in the case of a bequ es t
or a sale in execution of a decree or a certificate
signed und er the Bengal Public Demands Reco
very Act, 1913.
(2) A registering officer ::.i,all not admit for
registration any such instrument unless it is
accompanied hy-
(a) a notice giYing particulars of the trnns
fer in the prescribed form ; and
(b) l]J(' process fee prcscribC'd for the ser
vice of ' such no lice on the landlord or
his common agent, if any .
Bengal Act
III of 1 !!13
Deletion of
teetion • 31
of Assam
Ai:t XI of
19!56.
148
(3) Where any such instrument 1s admit ted to
registration, the registerin g officer shall send to the
Deput y Commission er the notice of the tra nsfer in the
pre scrib ed form, and th e Deputy Com missioner shall
caus e the not ice to be served on the landlord nam ed
in the n otice or his common agen t, if any, in the
prescribe d manner :
.Provided that when a sole land lord .purchase s
a h oldin g or a share or a porti on thereof no notic e
need be served.
(4) Jn case:: of a b equest, the Court shall , before
gra nting a probate or l etters of admini stra tion ,
require the applican t rn file a notice g iving part iculars
of transfer in the prescribed form and to
dep osit a p rocess fee of the presci;ibed amount for
service on the land lord or his comm on agent , if any.
When proba te or lett ers of administr ation have been
gra nted, the Court shall send t o the Deputy Commi·s
sioner the notice :
Provided that in case of a bequest by a M aho
medan , wher e no proba te is appli ed for, the execut or
or legate e shall file the not ice and deposit the proces s
fee in t he Court of the Deputy Commi s~ ion e r ."
6. Section 31 of the Pri ncipal Act shall be delet ed.
sybstitution 7. For section 32 of the Princip al Act, the fo\l owing
~io~e~r :~~: sectio n shall be substituted, namely :-
tion 32 of
Assam Act
XI of 1936,
.. Proccdur:: 32. (1 ) When the holding of an occupancy raiyat
on sale in or a portion or spare ther eof is sold in execu tion of a
cs:ecution of decr ee or certificate signed und er the Bengal Public Beng1\I Act
~rtifi~~~~ce, Dem '.1nds Recovery Act, 1913, other t.han a decree or III of 1913
or foreclosure certificate for arrears of ren t due m respect of the
of mortgage. hold ing o r dues recoverable as such, and neither the
pur chaser nor the decree holder is the sole landl ord,
the Court or the Revenue Officer, as the case may b e,
shall before confirming the sale, require the purchaser
to file a not ice giving particulars of the transfe r in the
pres crib ed form and to deposit in add ition to the
purc hase money a process foe of the rresc ribed amount.
(2) When a mortgage of a holding of an occu
pancy raiyat .or of a portion or share the reof is fore·
dosed , and decree-hol der is not him self t he sole
land lord, the Court shall, before making a dec1ee or
order absolute for the foreclosure, requir e the mort
gagee to file a notice giving particulars of t he transfer
Ddction of
section 33 of
Alllam Act
XI of 1936.
149
in the prescribed form and to depo~i t a prJce3s fee
of the pr,~sc ribed amount.
(3) If the purchaser fails to comply with the
order of the Court or Revenue Officer under sub
section (1) within such time as may be specified in
the said order, the Court or the R evenue Officer may
make an order for the forfeiture of the purchaEe
money and for the re-sale of the holding or portion or
share thereof. If the mortgagee fails to comply with
the order under sub-section (2) within such time as
may be specified therein, the Court may make an
order for dismissal of the suit for foreclosure. ·
(4) When the rnle ha~ been confirmeq or the
decree or order absolute - for the foreclosure has been
made, tl1e Court ~hall senrl t0 the Deputy Commis
sfoner the notice uf the sale or final foreclosure 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 manner.
(5) After receipt of a notice of transfer under
section 30 or 32, the landLird shall not refuse to
recognise the transferee as the tenant in re;pect of the
holding or porti on or share thereof transferred nor
omit to enter the transferee's name in the landlord '5
rent-roll in place of that of the transferor, or where
only a share or a portion of the transferer's interest has
been transferred,along with the name of the transferor:
Provided that such recog .nition shall not operate
as the admission of the am mnt or fixity of rent 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 di vision of holding or to the distribu
tion of the rent payable in respect thereof:
Provided further that if a transfe r is subsequently
set aside or modified by a competent authority, the
party in whose favour such order has Leen made shall,
unless such order has been passed in a suit, appeal
or other proceedings to which the bndlord or the
entire body of landlords was a party, file with the
Deputy Commissioner a notice describing the modifica
tions made by such order 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 ca:.:se his rent-roll to be
c•rrccted accordingly."
U. Section .33 of the Principal Act shall be deleted.
Dcleu on of
>Cction 35
of Assam
Act XI of
1936.
Amendment
of section
36 of Assam
Act XI of
!1.'26,
150
9. Section 35 of the Princip al Ac t shall be tieleted
10. In section 36 of the Principal Act-
(a) In sub-section (1) for the words and figure!
" ~ ections 30, 31, 33 and 35" the word and figures
"section 30., shall be substituted ; and
(b) In sub-section (2) for the words and figures
"Sections 21, 30, 31, 33 and 35" and "Sections 30, 31,
33 and 35" che wcrds and figures ''sections 29 and 30"
shall resi ec tively be sub ~ titu t ed.
De:etion ot 11. Section 37 of the Princip al Act shall be
1c-ction 37 deleted .
of Assam
Act XI of
!936.
- Amendment 12. In section 39 of the Principal Act for the
of section 39 figures and words "30 to 33 and 35 to 38" the figures
of Assam • Act XI of and words "30, 32, 36 and 38" shall be substituted.
\936.
Deletion of 13. Section 62 of the Prinr.ipal Act shall be
section 62 deleted .
of Assam
Act XI of
lq36 .
luserti nn of 14. After section 214 of the Principal Act, thr
~~jyt~~ foll~win g Chapter shall be inserted, na mely: -
As.•a•n Act
·n "f 1936.
"CHAPTER XIII
Special provision for a person who holds lands of
another perscn under the system known as "Chak
ran", "Kiran' ', "Non-kar", "Etmander" or "Bh a n·
dari" or the like on condition of renderin g service to
that person .
Status of 215. Subj ect to the provi>ior.s of section 217, a per·
"~Kh~kra~", son who ·holds land of another person under the
iran ' k "Ch k " "K' " "N k " "Nm,-hr'' ~ystem nown as a ran , iran , on- ar ,
-<•p .• .., .. 'l.' "Etmander", "Bhandari", or the like, on condition
der'', of rendering service to that person, shall, for the
::,Bhant· purpose of this Chapter, be deemed to be a raiyat,
fike :S rtai~ and all the provisions of the foregoing Chapters of
yat. this Act shall apply except as hereinafter provided,
lsi
O?licatioll of 216. (1) The raiyat shall be under no obliga
raiyat te pay tion to render such service as he used to do to
rea t. the landlord in respect of his land immediately
before the commencement of the Sylhet Tenancy
(Amendment) Act, 1961, but shall be liable to
pay only money-rent in respect of his land at
the rate prevailing for land of similar nature and
description and with similar advantage in the
vicinity.
(2) In case of any dispute as regards rate
of rent payable under sub-section ( 1) the matter
shall be referred to the Court for decision.
Statm of 217. (1) Notwithstanding anything contained in
" Chakran", section 215 of this Act a person who holds land
"Kiran'', of another person , under the system known as
" ~on-ka,", "Chakran" "I<iran" "Non-kar" "Etmander" "Etinander" · ' ' - ' . '
a•d "Bhandari" , or the like , shall not be deemed to
"Bhandari" have acquired any tenancy right in respect of
or the like on the homestead land occupied by him within the
th~ home- Khanabari of the landlord. stead land
within the
Klaaaabari
of the land-
lord, (2) In respect of such homestead land as
referred to in sub-section (1), the occupant shall,
notwithstanding any contract, usage , custom or
anything contained in section 143 (1) (c) of this
Act, be enlilled to continue in occupation of the
homestead land on payment of a reasonable
rent.
(3) In case the homestead land is required
by the landlord for his personal use, he may
resume the same provided that for such resump
tion the landlord shall give notice in the manner
prescribed to the occupant for his intention to
do so:
Provided further that if the occupant has con
structed a house in the homestead land at his
own cost for his dwelling purpose, the landlord
shall pay reasonable compensation to the occu
pant before the land is actually resumed.
( 4) In case of any dispute as regards the
reasonableness of the rate of rent or the amount
of compensation the matter shall be referred to
the Court for decision.
/
152
(5) In determining th e amo unt of eompen
sa [ion under sub-sec tion ( 4), th e Court shall take
int o consideration the cost of dismantling the
hou se and reconstructing it is another site includ
ing the cost of removal of the marterials thereto
but no t th e value of the land used for such re
construction".
/
f\GP 17 /64 Leg(A) -2, 550-24-9-70.

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