LexThe ASSAM (TEMPORARILY SETTLED AREAS) TENANCY ACT 1971 (SINGLE DOCUMENT)
Assam · state statute
Open in Lexace · Ask the AI about this actASSAM ACT XXIII OF 1971
(Received the assent of the President on the 3rd December, 1971)
THE ASSAM (TEMPORARILY SETTLED AREAS) TENANCY ACT
1971
An
Act
to regulate the relations of landlord and tenant in the temporarily sett1ed areas of
Assam.
Preamble . Whereas it is expedient to regu late 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:-
CHAPTER I
Preliminary
Short title,
extent and
commencement.
1.
(1) This Act may be called the Assam (Temporarily Settled
Areas) Tenancy Act, 1971.
(2) It shall come into force at once.
(3) It extends to,-
(a) the districts of Kamrup, Nowgong, Darrang, Sibsagar and
Lakhimpur ;
(b) Silchar and Hailakandi Subdivisions of the district of
Cachar ; and
(c) temporarily settled areas of Gossaingaon, Sidli and Bijni
Circles of Kokrajhar Subdivision in the district of
Goalpara and the temporarily settled areas of Karimganj
Sub- division.
(4) The State Government may, by notification, extend the
whole or any part 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
consideration.
2
Exception.
2.
The Act does not apply to:-
(a) land included in any Reserved Forest;
(b) land owned by the Union or the State Government or by
Local authority which is used for any public purposes ;
(c) land reserved for the purpose of professional grazing reserves,
village grazing reserves, recreation grounds, burial or cremation
ground, road , canal, drain, embankment or their maintenance or
for any other public purposes ;
(d) land which is non-agricultural and situated 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, 36 years' grants
under the New Lease Rules though now assessed with full
revenue and lease for special cultivation under settlement rules
framed from time to time under the Assam Land and Revenue
Regulation, 1886.
(II) Purposes ancillary for special cultivation shall mean the
following:-
(i) land used for factory buildings ;
(ii) land used for staff buildings including labour lines ;
(iii) land used for roads, bridges and drains within the tea
estates ;
(iv) land used for nurseries including shade trees ;
(v) land used for hospitals , dispensaries, crèche, recreation
club and playground;
(vi) Land used for any other buildings made by
management under any other law in force ;
(vii) land used for seed "bari";
(f) lands included in town land.
I of 1886
Definitions. 3. In this Act, unless there is anything repugnant in the subject or
context,-
(1) "agriculture" includes horticulture, pisciculture and other
allied agricultural pursuits;
3
(2) "agricultural year" means the year commencing from the
first day of Baisakh and ending with the last day of Chaitra,
according to Assamese Calendar;
(3) "agriculturist" means a person who cultivates land
personally;
(4) "holding" means a parcel or parcels of land or an
undivided share thereof, held by a tenant and forming the subject
of a separate tenancy;
(5) "improvement" means any work which adds to the value
of the holding, which is suitable to the holding and which is
executed directly for the benefit of the holding, and includes,-
(a) construction of wells, tanks, water channels or other
works for storage, supply or distribution of water for
the purpose of agriculture or for drinking or for the use
of men and cattle employed in agriculture ;
(b) drainage, reclamation from rivers or other waters or
protection from flood, erosion or other damage by
water, or land used for agricultural purposes or waste
land which is culturable ;
(c) erection of dwelling house for tenant and his family
together with all necessary outhouses;
(6) "land" means "agricultural land";and "agricultural land"
means land used for agricultural purpose or purposes subservient
thereto.
Explanation.-Land under homestead occupied for residential
purposes in connection with an agricultural holding shall be
deemed to be included in "agricultural land"
(7) "landlord" means a person immediately under whom a
tenant holds but does not include any Government ;
(8) "money rent" 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 payable 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 that 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 member 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
4
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:
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
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 ;
(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 tenant:
Provided that where there is no agreement, the principal crop
shall be only one agricultural crop grown in each agricultural
year viz ., sali 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,
corresponding to Agrahayana, Pausa and Magha ;
(13) "rent" means whatever is lawfully payable or deliverable
by the tenant 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 tenant;
(14) "Revenue Officer" means any officer. with that
designation appointed by the State Government for the purposes
of this Act ;
(15) "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 another 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), 'barga',
'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 person:
5
Provided that a person who cultivates or holds land
immediately under the State Government is not a tenant within
the meaning of this definition.
Explanation.- A person who holds land on condition of service
to a temple or religious institution shall be deemed to be the
tenant of the manager of such temple or religious institution;
1
[ (18) Town land" means any land-
(a) included within the limits of the city of Gauhati as
constituted and notified under the provisions of sub-section
(1) of Section 42 the Gauhati Municipal Corporation Act,
1969 (Assam Act I of 1973),
(b) that may be included further in the city of Gauhati from
time to time under the provisions of subsection (2) of Section
42 of the Gauhati Municipal Corporation Act, 1969,
(c) of any other town notified as a city under the provisions of
any other Municipal Corporation Act for the time being in
force,
(d) within an area declared or deemed to be a Municipality or
notified area under the Assam Municipal Act, 1956 (Assam
Act XV of 1957),
(e) any other land which the State Government may declare
under the Assam Land and Revenue Regulation 1886 or in
accordance with the provisions of Section 3 of the Assam
Land Revenue Re-Assessment Act, 1936 (Assam Act VIII of
1936).]
(19) The following words shall have the same meaning as is
assigned to them in the Assam Land and Revenue Regulation,
1886, or the Rules framed thereunder:-
"estates", "temporarily-settled-estate", "land-revenue",
"proprietor" ,"land holder", "settlement-holder",
"periodic lease", "special cultivation", "ordinary
cultivation".
1 of 1886 .
1. Subs. by Assam Act No.VII of 1983.
6
CHAPTER II
Classes of Tenants
Classes of
Tenants.
4. (1) There shall be, for the purpose of this Act, only the
following classes of tenants, namely,-
(i) Occupancy tenant, that is to say, a tenant holding
immediately under a proprietor, landholder or
settlement holder 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 tenant holding
immediately under a proprietor, landholder or
settlement- holder other than landholder 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
under the provisions of the Assam (Temporarily Settled
Districts) Tenancy 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.
Assam
Act III
of 1935.
CHAPTER III
Occupancy Tenant
Acquisition of
occupancy
rights.
5. (1) A person who for a period of not less than 3 years has
continuously held land as a tenant shall have a right of
occupancy in that land.
(2) The 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 land under a landlord notwithstanding
that the particular landlord 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 tenant by a person
whose heir he is.
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(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
occupancy right.
6. An occupancy tenant shall have permanent, heritable and
transferable right of use and occupancy in the land of his holding,
subject to the other provisions of this Act.
Devolution on
death.
7. If a tenant dies intestate in respect of a right of occupancy, it shall,
subject to any custom, descend in the same manner as other
immovable property.
Right of
transfer.
8. An occupancy tenant shall have a right of 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 tenant shall not transfer his land to
a non-agriculturist.
Prohibition of
sub-letting.
9. From the date of commencement of this Act, an occupancy tenant
shall have no right to sub-let his land.
Right of use of
land.
10. An occupancy tenant may use the land of his tenancy in any
manner which does not materially impair the value of the land or
render it unfit for the purpose of tenancy.
Right in trees.
11. An occupancy tenant shall be entitled, if there 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 that in doing so he does not contravene the provisions
of any law :
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 land shall be
presumed, until the contrary is proved, to have been planted or to
have begun to grow during the tenancy.
Obligation to
pay fair rent.
12 .
Any occupancy tenant shall pay rent for his holding at fair and
equitable rate, subject to the maximum rate of rent laid down
under the provisions of section 28 of this Act :
8
Provided that if the tenant 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 (ii) 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 the fair and equitable rent.
Restriction
enhancement of
rent.
13.
Rent of an occupancy tenant shall not be enhanced except as
provided for in Chapter VII of this Act.
Protection from
ejectment.
14. An occupancy tenant shall not be liable to ejectment from his
holding except as provided for in Chapter IX of this Act.
CHAPTER IV
Non-Occupancy Tenant
Incidence of the
tenancy.
15. (a) A non -occupancy tenant shall have right of possession till
he is lawfully ejected and subject to the other provisions of the
Act or any custom the tenancy shall descend in the same manner
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 repayment of such loan, it shall be lawful for the
Government, the Society or the bank as the case may be, to cause
the tenant's interest in the land to be attached and sold under the
authority provided for in Section 49 of this Act and to apply the
proceeds in payment of such loan.
Prohibition of
sub-letting.
16. From the date of commencement of this Act, a non -occupancy
tenant shall have no right to sub- let his land.
Obligation to
pay fair rent.
17. A non -occupancy tenant shall pay rent for his holding at fair and
equitable rate, subject to the maximum rate of rent laid down
under provisions of Section 28 of this Act.
Restrictions on
enhancement of
rent.
18. Rent of a non -occupancy tenant shall not be enhanced except as
provided for in Chapter VII of this Act.
Protection
against
ejectment.
19. A non -occupancy tenant shall not be ejected except as provided
for in Chapter IX of this Act.
9
CHAPTER V
Under- Tenant
Prohibition
against creating
new under-
tenant fenancy.
20. On and from the date of commencement of this Act, there shall be
no new under-tenant holding land under an occupancy tenant or a
non-occupancy tenant :
Provided that any under-tenant holding any land prior to the
enforcement of this Act, shall, however, continue to hold the same
on the same terms and conditions as immediately before the
commencement of this Act until he acquires the intermediary and
ownership rights of his holding under the provisions of Chapter
VI.
CHAPTER VI
Acquisition of intermediary and ownership rights
Acquisition of
ownership rights
and
intermediary
rights by
tenants.
21. Notwithstanding anything to the contrary in any law, custom, or
agreement, an occupancy tenant personally cultivating the land of
his tenancy, shall be entitled to acquire the rights, titles and
interests of his landlord, hereinafter called 'the ownership rights'
according to the provisions of Section 23(I):
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 enforcement of this Act, such under-tenant shall be
entitled to acquire the rights, titles and interests of his landlord,
hereinafter called 'the intermediary rights' and also the ownership
rights of the land owner of the holding according to provisions of
Section 23 (II) :
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 of
ownership rights
and
intermediary
rights by
Government for
tenants.
22.
The State Government may at any time after the commencement
of this Act, by Notification declare that-
(i) the rights, titles and interests of any or all landlords in
respect of any holding held and personally cultivated by
occupancy tenants, shall stand transferred to and vest in the
respective occupancy tenants free from all encumbrances created
by the land-lords ;
10
(ii) the rights, titles and interests of any or all landlords in
respect of holding held by occupancy tenants or non-occupancy
tenants but cultivated by an under-tenant as defined in the Assam
(Temporarily Settled Districts) Tenancy Act, 1935, from a date
prior to commencement of this Act and the intermediary 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 of
ownership rights
and
intermediary
rights by
tenants.
23. (I) Any occupancy tenant personally cultivating the land of his
tenancy, desirous of acquiring the ownership rights of his
landlord 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 25 is determined 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 The Assam (Temporarily
Settled Districts) Tenancy Act, 1935, cultivating the holding of an
occupancy tenant or non-occupancy tenant from a date prior to
commencement of this Act, desirous of acquiring the
intermediary 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
Commissioner shall declare the said under-tenant to have
acquired the intermediary rights of his land-lord and the
ownership rights of his holding free from all encumbrances.
Compensation.
24.
The total compensation payable for acquiring the ownership 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 land.
Apportionment
of compensation.
25. (1) Where an occupancy tenant is personally cultivating the
holding, his land-lord shall be entitled to receive the entire amount
of 50 times of land 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:-
11
(a) towards acquisition of
ownership right.
(b) towards acquisition of
intermediary rights.
75 per cent of the total
compensation.
25 per cent of the total
compensation.
Procedure for
payment of
compensation.
26. (1) In all cases of acquisition under this Chapter, the Deputy
Commissioner shall give notice to the landlord 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 determining the compensation payable for acquisition of
ownership rights as also intermediary 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 fund
placed at his disposal within a period of 3 months from the date of
his passing orders under sub-section (I) 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 amount within a period of
one month from the date of the 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
tenant 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 expiry of 3 months from the date of his
order.
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 tenant 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 to the erstwhile tenant a certificate of ownership right and
also correct the revenue records.
12
(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.
CHAPTER VII
Rent
liability to pay
rent,
27. Notwithst anding anything contained in any law, custom or
agreement, no tenant shall be liable to pay rent whether in cash or
in kind at a rate exceeding the maximum rate of rent as provided
for hereinafter following.
Maximumr ate of
rent.
28. The maximum rate of rent payable by an occupancy or non -
occupancy tenant shall be as follows: -
(a) in case of cash rent, not exceeding 3 times of the land
revenue payable for such land,
(b) in case of crop-rent, a rate of rent not exceeding one-fifth
of the produce of the principal crop grown in each agricultural
year:
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 immediate landlord
for such holding shall be fair rent:
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 landlord, pay the money value of the crop
deliverable by him to his landlord, computed on the basis of the
market value of the principal crop prevailing at the time of
harvesting at the locality concerned.
Grounds for
enhancement of
rent.
29.
Subject to the maximum limits laid down in section 28 of this Act,
the rent of a tenant shall be liable to enhancement on one or more
of the following grounds, namely:-
(i) that the productive powers of the land held by the tenant
have been increased by fluvial action ; or
(ii) that the productive powers of the land held by the tenant
have been increased by any improvement effected by or at
the expense of the landlord ; or
(iii) that the area of the tenant's holding has been increased by
alluvion or otherwise ; or
13
(iv ) that the re venue rate payable by the land lord to the State
Government in respect of the holding of the tenant has
increased.
Procedure for
enhancement of
rent.
30.
A land lord of any holding desiring an enhancement of rent on any
ground mentioned in section 29 may apply to the Deputy
Commissioner stating the specific ground on which the claim for
enhancement rests. The Deputy Commissioner shall there upon
make the necessary inquiry, and may, for that 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 section 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
improvement, and also the increase or decrease, if any, in the cost
of cultivation for utilising the improvement.
Grounds for
reduction of
rent.
31. The rent of a tenant shall be liable to reduction on one or more of
the following grounds, namely : -
(i) that the productive powers of the land held by the tenant
have been decreased due to any action of the landlord or
due to any cause beyond the control of the tenant during
the currency of the present tenancy; or
(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 landlord to the State
Government in respect of the tenant's holding has
decreased.
Procedure for
reduction of
rent.
32. A tenant desiring any reduction of rent or any one or more of the
grounds mentioned in section 31 may apply to the Deputy
Commissioner stating the specific ground on which the claim for
reduction rests. The 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 effect.
33.
Enhancement or reduction of rent, as the case may be, will take
effect from the date of the order of the Deputy Commissioner.
14
When rent is
due for
payment.
34. (1) Cash -rent shall become due for payment a fortnight earlier
than the corresponding land revenue which is payable by his land-
lord becomes due for payment, or where such landlord 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 rent. 35. Rent not paid when it falls due shall be deemed to be an arrear.
Rent -suit. 36.
No arrear of rent shall be realisable other wise than by a rent -suit
filed in the competent Civil Court. The procedure for such rent-
suit shall be according to the provisions of the Civil Procedure
Code, 1908 and the plaint shall, in addition 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 rent which is
payable. Where the land to which the suit relates does not form
one or more fields numbered in the village papers the plaint shall
contain a sufficient description of the land and its boundaries.
Rent receipt.
37.
(i) Every tenant who pay his rent shall be entitled to obtain
forthwith from his landlord a written receipt signed by the
landlord or his authorised agent.
(ii) The 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 the above
particulars, it shall be presumed, until the contrary is shown,
to be a full acquittance of the rent due from the tenant.
(iv) When a landlord or his agent, without reasonable cause, fails
to deliver to the tenant 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.
15
Deposit of cash
rent or money
rent.
38. (1) When a landlord refuses to accept any rent when tendered
to him by a tenant or when the tenant is in bonafide doubt as to
who is entitled to receive the rent, the tenant may make an
application to the Revenue Officer in the prescribed 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 bonafide of the circumstances
preventing the tenant from paying the rent to his landlord, 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 tenant.
(3) In cases of refusal to accept the rent the Revenue Officer
shall remit the rent deposited by the tenant by Money Order to the
last known address of the landlord.
(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 immediate
payment. In cases of dispute as to the person or persons who are
entitled to receive the rent, 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.
CHAPTER VIII
Sale for arrear under decree
Sale of a holding
for arrear of
rent in certain
cases.
39. (1) Where the unsatisfied rent -decree relates to arrear rent in
respect of a holding of any occupancy tenant, he shall not be liable
to ejectment for such arrear. But his holding shall be liable to sale
in execution of the unsatisfied rent-decree and the landlord shall,
instead of filing a suit for ejectment, submit an application,
accompanied with the rent-decree to the competent Civil Court for
attaching and putting the holding of the defaulting tenant 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 attaching and selling the holding of the defaulting
tenant shall be according to the provisions hereinafter following.
Attachment and
proclamation of
sale.
40. The competent Civil Court, on receipt of the application of the
landlord, shall issue an order of attachment of the holding and also
a proclamation of sale of the same.
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Manner of
publication of
sale of
proclamation.
41. The proclamation of sale shall be published in the following
manner:-
(a) by affixing a copy thereof in a conspicuous place on the
land of the holding, and
(b) by affixing a copy thereof in a conspicuous place of the
issuing Court, and
(c) by sending by registered post to the defaulting tenant a
copy of the order of attachment and a copy of the
proclamation of sale.
Date of sale
42. The 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 judgement 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 days:
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 attachment:
Provided further that in the case of a holding of 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.
Disposal of the
sale proceeds.
44. The proceeds of the sale, after defraying the cost of the sale due to
Government, if any, shall be disposed of in the following manner:-
(a) 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 amount under the
decree ;
(c) the balance, if any, shall then be paid to the defaulting
tenant.
Setting aside of
sale on deposit
of decretal
amount.
45.
The defaulting tenant or any interested person may, within 30 days
of the date of the sale apply to the Court conducting the sale to set
aside the sale on depositing in the Court, (a) the decretal amount
together with cost of the sale for payment to the decree holder, and
(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,
17
if any, payable to the Government, 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.
Setting aside of
sale on ground
of irregularity
etc.
46. Th e defaulting tenant, the decree holder or any other interested
persons may, within 60 days of the date of the sale, apply to the
Court to set aside 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 applicant proves to the satisfaction of the Court that he has
sustained substantial injury by reason of such irregularity or
mistake.
Confirmation of
the sale.
47.
If there is no application to set aside the sale under sections 45
and 46 or if any such application has been disallowed, the Court
shall make an order confirming the sale which shall, thereupon,
become absolute.
Auction
purchaser to
take the holding
subject to
certain
encumbrances.
48.
The auction purchaser shall take the holding subject to lawful
encumbrances, if any, including grant of land for public worship,
public cremation ground or public burial ground.
Recovery of
certain loans
etc., by the
above
procedure.
49.
Nothing in this Act shall prevent a holding of an occupancy tenant
or a non-occupancy tenant being sold in the manner laid down
above under orders of the Deputy Commissioner for the recovery
of (i) a loan advanced by the State Government, the Union
Government or a Co-operative Society, or (ii) any other
Government dues, but the rent of the holding shall remain the first
charge on the sale proceeds after defraying the cost of the sale.
CHAPTER IX
Ejectment
Forfeiture of
tenancy on
subletting and
transfer.
50.
If a tenant sublets or transfers the whole or any part of his
holding otherwise than in accordance 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 landlord under the same
terms and conditions as the transferor;
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(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-occupancy tenant of the landlord.
Grounds of
ejectment.
51. (1) An occupancy tenant shall not be ejected by his landlord
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 manner which renders it unfit for the purpose of the
tenancy.
(2) Any tenant, not being an occupancy 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, namely:-
(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 tenancy 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
landlord, liable to be ejected ;
(c) that he has failed to pay the arrear of rent; and
(d) that the land is bonafide required by the landlord 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 tenancy:
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:
Provided further 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.
Rights of ejected
tenants to cost of
improvement.
52.
Every tenant who is ordered to be ejected from his holding
shall be entitled to compensation for 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;-
(a) 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 ;
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(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 rent or other advantage given
by the landlord to the tenant in consideration of the
improvement;
(e) in case of reclamation or irrigation, the length of time
during which the tenant has had the benefit of the
improvement as an unenhanced rent.
Rights of ejected
tenants in
respect of crops,
dwelling house,
etc.
53. The following provisions shall apply in the case of every tenant
ejected from a holding:-
(a) Where the tenant has, before the date of his ejectment,
sown or planted 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 landlord the value of the crops as
estimated by the Court executing the ejectment decree. If
the landlord elects to allow the tenant to retain possession
of the land till the harvest, the tenant shall be liable to pay
to the landlord, during the period of such retention of
possession such rent as the Court executing the ejectment
decree deems reasonable.
(b) Where the tenant has, before the date of his ejectment,
prepared for sowing any land of his holding but has not
sown or planted crops therein , he shall be entitled to
receive from the landlord the value of the labour 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.
(c) In the case of an occupancy tenant compensation shall
also be payable for trees standing on the land which the
occupancy tenant is entitled to cut and appropriate.
(d) No tenant shall be ejected from his dwelling site, except
after giving the tenant an option to purchase the dwelling
site, and if the dwelling house was constructed at the
landlord'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.
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Procedure of
ejectment.
Restoration of
possession to
tenant or under-
tenant ejected or
whose cultivation
is prevailed.
54.
54A.
(1) No tenant shall be ejected from his holding except in
execution of an ejectment decree passed by a competent Civil
Court ; and the relevant 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) (a) 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 breach
complained of and the tenant has failed to comply with it within
one month of the receipt of the notice.
(3) If it appears to the Court trying the ejectment suit that the
complaint of misuse or the breach is true but it is remediable, then
it may direct the tenant 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) (c) shall be entertained unless at first a decree for rent has
been obtained.
(5) No suit for ejectment on the ground mentioned in Section
51 (2) (d)shall be entertained , unless a three months' notice
ending with theExcerpt shown. Open the full act in Lexace.