LexThe Assam (Temporarily Settled Areas) Tenancy (Amendment) Act, 1953
Assam · state statute
Open in Lexace · Ask the AI about this actASSAM AC T X X VII OF 1953
TH E ASSAM (TEM PO RA RY -SE TT LE D DI ST
RI CT S) TENA NC Y (AME ND ME NT ) AC T, 1953
(Passed by the Assembly)
(R ec ei ved th e a ss en t o f th e P re si d en t on th e 10th Sep te m ber 195 3)
[Published in the Assam Gazette, d ate d the 23rd Sep tem ber 1953]
An
A ct fu rt her to amend the As sam {Te mp ora rily -Settle d
Distr icts') Ten ancy Act , 19 35
Prtam ble . Whereas i t is exp edie nt to amend furthe r the A ss am Ac t H i
Assam (Tempo rarily-S ettle d Districts) Ten ancy Act, of 1935.
1935, here inafter called the principal Act, in the
ma nner here inaf ter app ear ing .
It is hereby en acte d as follows—
Sho rt title , T (-0 This Act may be calle d the Assam (Tern-
exten t and porary- Sett led Districts) Ten anc y (Am endm ent) Act,
commence- 1953.
ment.
(2) It shall have t he like extent as the prin cipal
Act.
(3) It shall come into force at once .
Amendment
of lectio n 2 of
Assam Act III
of 1935.
2. In section 2 o f the prin cipal Act—
(1) In the exp lanatio n to clause (g ') of sub
sectio n (1) afte r the words “ the New Lease Rul es” ,
the words “ though now assessed with full rev enue”,
shall be inserted.
(2) In clause (a) of sub-section (2) the bracket
and the words “ exclu ding the Mikir Hills Tr acts, as
notified from time to time ” shall be deleted .
(3) In sub-se ction (3) the word “ o the r ” shall
be inserted after the word “ any ” appearing for the
second tim e in the second line and the words “ or to
any tem porarily-settl ed are a in the exclu ded portion s
of th e distric ts men tion ed in sub-section (2) above”
shall be dele ted.
(4) In the proviso (i) to sub-section (3)—
(a) the num ber (t) before the proviso shall
be dele ted ;
( Z > ) a “ full stop ” shall be pu t after the
word “ ma nn er ” occurring in the last
line, and the word “ an d ” occurring
the rea fter shall be d eleted.
(5) In the proviso to sub-section (3), item («)
shall be d eleted .
[ Price ann as 2 or 2d .]
2
Amen dmen t 3. For sub-section (17) of section 3 of the princi-
Aiwm AcHII Act, the following shall be substituted, namely—
o f 1935.
“ (17) ‘Ma ximum ren t or rat e of re nt’ of agricul
tural holdings o r pa rt thereof, held on cash rent m eans
a sum repr esen ting three times th e revenue rate.
Where agricultur al holdings or pa rt the reo f are held
on produce ren t, “ max imu m rent” means one-four th
of the act ual produce thereo f.”
Amendment
of section 5 o f
Assam Act II I
of 1935.
Substitution
of section 11 o f
Assam Ac t I II
o f 1935.
4. In section 5 o f the principal Act—
(1) In sub-section (1) the figure “ 20” shall be
substitu ted 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 (Te mpo rary -Settled
Districts) Ten anc y (Am endm ent) Act, 1953” respec
tively.
5. For section 11 of the' princi pal
following shall be sub stituted, namely—
Act, the
’Right of 11. A privileged raiyat shall have an unrestricted
transfer. rig ht of tran sfer in respect of his holding , but no
transfer shall be bin din g on the lan dlord un til a
wr itten notic e the reo f has been given to the lan dlord :
Prov ided th at the right of a privileged raiyat
hold ing under a religious institution such as a tem ple,
Satra or mosque shall be restricte d to transf er to per
sons belo nging to the same religion as the ins titu tion
in which t he ownership of the lan d is vested. ”
Amendment
of section 13 o f
Assam Act HI
of 1935.
6 . In section 13 of the principa l Act—
(1) clause (a) of sub-se ction (1) shall be
deleted .
(2) In clause ( Z > ) of sub-section (1) the words
“ in all oth er cases” shall be deleted.
(3) In sub-se ction (2) the words “30 years
an d” and the word “ respectively ” occu rring in the first
line shall be dele ted and the words “ this Ac t” occur
ring in the last line shall be subs tituted by the words
“ the Assam (Te mp ora ry-Settle d Districts) Tenan cy
(Am endm ent) Act, 1953” .
(4) For the illu stra tion afte r the proviso to sub
section (6 J , the following shall be substitu ted, namely—
“Illustrat ion.— -Whe n a person holds lan d as a
rai yat, say, for seven years, the n under the system
mentioned in this sub-clause for four years, and there
afte r aga in for a further term as a rai yat, occu panc y
right shall not ac crue unless such furthe r term extends
to a period of not less than five years.”
3
Substitution 7. For sections 19 and 20 of the prin cipal Act, the
an deCt2o "S o f9 ^°^ o w *n g shall be sub stituted, namely—
Assam Act
II I of 1935.
“ Right of 19. An occu panc y raiyat shall have unr estricted
transfer. rig ht of transfer in respect of his hold ing but no trans fer
shall be bin ding on the lan dlord un til a writte n notic e
the reo f has been given to the la nd lo rd :
Provided th at the right of an occupancy raiyat
holdin g under a religious institu tion such as temple,
Sa tra or mosque shall be restricted to tran sfer to persons
belo nging to the same religion as the ins titu tion in which
the ownership of t he lan d is vested.
Ri gh t of sub- 20. An occu panc y rai ya t shall hav e rig ht of
letting. suble ttin g his holding or any pa rt of it to persons to
whom he could validly tran fer it u nder sectio n 19 .”
Amend men t 8 . In clause (6) of section 22 of the principal
of section 2 2 Act, for the words “four annas” the word s “ three
of Assam Act annas” shall be substitu ted.
I ll of 1935.
Substitution
of section 30
of Assam Ac t
II I of 1935.
9. For sectio n 30 of the princi pal Act, the following
shall be substituted, namely :—
A
i
1 .
it
Amendment
of section 33
of Assam
Ac t II I of
1935.
Amen dmen t
of section 35
of Assam Act
II I of 1935.
Amendment
of section 38
of Assam Act
II I of 1935.
Amen dmen t
of section 39
of Assam Act
II I of 1935,
“ 30 This chapter applies to raiyats who have
no t acq uired the right s either of a privileged rai ya t
or of an occu panc y raiyat and who are in this Act
refe rred to as non -occ upancy rai yats” .
10. In the proviso to section 33 of the princi pal
Act, for the words “this Ac t” and “ ten yea rs” the
words “ the Assam (Tempo rary-Settled Districts)
Ten anc y (Amendm ent) Ac t, 1953” and “five yea rs” shall
respectively be substituted.
11. In section 35 of the prin cipal Ac t, for the
words “ thr ee years” the words “ two years” shall be
subst ituted .
12. In section 38 of the prin cipal Act, the “ full
stop” at the end shall be dele ted and the following
shall be added, namely :—
“ bu t it shall not exceed, in any case, the ren t
paid by his imm ediate lan dlord to the la tter ’s landlord
by more than 50 p er cen t” .
13. In the proviso to section 39 of the prin cipal
Act,
1
4
V*
(j) for the words ‘this Act’ and ‘ten yea rs’ the
word s ‘the Assam (Te mpo rary -Settled Districts) Ten anc y
(Amendm ent) Act, 1953 and ‘fi ve year s’ shall respectively
be substituted.
(i t) the words “ under a privileged ra iy at ” shall be
omitted.
Amendmen t
of section 42
of Assam Act
IH o f 1935.
Amendment
of section 63
of Assam Act
H I of 1935.
14. In the proviso
Act, the words “ held
be dele ted.
to section 42 of the prin cipal
under a privileged ra iy at ” shall
I
1
15. In the proviso to section 63 of the
Ac t, the words “ of a privileged ra iy at ’s rig hts”
deleted.
prin cipa l
shall be
Amendment 16. In section 109 of th e prin cipal Act • —of section 109
n i^ o f m ^1 (1) i n sub-section (1) the word s “ if the ten ant be a
privileged raiyat or an occu pancy rai ya t” shall be
deleted .
(2) for the proviso to sub-se ction (1) the following
shall be sub stituted, namely : • —
“ Prov ided th at in the case of a hold ing in an estat e
per tainin g to a religious ins titution , if the highest
bid be th at of a member of a different relig ion from
the one to which the insti tut ion belongs the landlord
shall have the option , to be declared in writing to the
Co urt within 30 days of the sale, of purcha sing the
holding at the highest bid.”
(3) for sub-se ction (2) the following shall be substi
tu ted, namely
“ (2) Not wit hstand ing any thin g con tain ed in sub
section (1) above, the Co urt ma y, on the app lica tion
of the lan dlo rd, proceed to execute the decree against
the person or any oth er pro perty of the defau lter.”
I
Amendment
of section 11 4
of Assam Act
III of 193 5.
17. (1) After sub-section (1) of
princ ipa l Act, the following shall be
section (2), namely :—
section 114 of the
inserted as sub-
“ (2) Notwithstanding any thing con tain ed in sub
rule (2) of Ru le 66 of Or der X X I in Sche dule I to the
said Code it shall not be necessary for the Co urt to draw -
up the sale pro cla ma tion afte r notic e to the jud gm ent-
de btor in the case of land s ordered to be sold for
arrears of r en t due in respect thereo f.”
5
I
!
(2) Existing sub-sections (2) an d (3) shall be ren um
bered as sub-sections (3) and (4) respectively and at the
end of clause (b) of sub-section (3), so r enum bered the ‘full-
sto p’ shall be substituted by a ‘comma ’ an d the word “ an d”
and the following shall b e inserted as clause (c) namely :—
“ (c) by sending in the prescribed form by registered
post to the jud gm ent-d ebtor a concise statem ent of the
order of att ac hm en t and pro cla ma tion at the time of issue
of the order of at tac hm en t and pro cla ma tion.”
Am endm ent 18. In sub-section (3) of section 121 of the prin cipal
of secti on 121 Act, for the words ‘six mo nth s’ the words ‘ninety days’
III oF ilV s C t be substituted.
Ame nd me nt 19. In sub-section (1) of section 123 of the prin cipal
of s ection 123 A c t,
of Assam A ct ,
II I of 1935.
(1) for clause (c ? ) the following shall be sub stitu ted
namely :—
“ (< /) shall increase the ra te of inte rest pay able cn
arrears of ren t as la id down in section 59. ”
(2) In clause ( g ) for the words and brackets “hall
(or in the case of ju te, one-third)” the words “ on e-f ou rth ”
shall be substitut ed.
A G .P . (l e g .) N o. 24/54—1125—22-6-1954.
1