The Assam (Temporarily Settled Areas) Tenancy (Amendment) Act, 1974

ASSAM  ACT X V II I OF 1974
(Receiv ed the assent of the Gover nor on the 27th May, 1974)
THE ASSAM  (T EM PO RA RI LY  SE TT LE D AREAS ) TE NA NC Y 
(AM ENDM ENT) AC T, 1974
[ Pub lish ed in the Assam Gazett e, Ex traord ina ry, dated  the 1 1  th 
Ju ne  1974]
An
Act
to amend  the Assam (Tem porarily Settled Areas) Tenancy Act, 19 71
Preamble. WH ER EAS it is expedie nt to a me nd the Assam Assam Act
(Te mp ora rily  Settled Areas) Tenan cy Act, 1971, 
here inafter  calle d the prin cipal Act in the ma nner 
hereinafter appearing ;
It  is hereby  ena cted  in the Tw enty -fifth Yea r 
of the Republic of  the In dia as follows:—
Short title , be called the Assam1. (1) Th is Act may
exten t and (Te mporarily  Settled Areas) Tenan cy (Am endm ent) commence- A c t , j 9 7 4 .
ment.
(2) It shall have  the like extent as the prin cipal
Act.
Res tora tion  
of possession 
to ten ant
or  un de r­
tena nt
ejected or 
whose cult i­
vation is 
prevented.
(3) It shall come into force at once.
2. After Section 54 of the principal Act the 
following shall be inserted as new Section 54 A, 
na mely:—
“ 54 A. (1) With ou t prejudice to any  provision 
in any oth er law for the time being in force rela­
ting to res toratio n of possession, whenever a ten ant  
or un de r-t en an t referred to in Sectio n 20 of this 
Act is ejected or caused to be ejected from his 
hol ding except in execu tion of  a decree for ejec t­
me nt passed by a com petent Civil Co urt or when­
ever the  cultiva tion  of land by a ten an t or un de r­
ten an t is terminated or caused to be terminated by 
the lan dlo rd or by any bod y else, then the ten ant 
or under-tenant concerned  m ay app ly to the R even ue 
Officer havin g juri sdic tion  in the area  within 90 
day s of  such ejectment or terminat ion , as the  case 
may be, or in case where such ejectm ent or ter­
min atio n has take n place  after the com ing into 
force of the  Assam ( Tem porarily Settled Areas)
Rs. OT O Paise only

2
Ten anc y Act, 1971, bu t before the comin g into 
force of the Assam ( Tem porarily Settled Areas ) 
Ten ancy (Am end ment) Act, 1974, within 90 days 
from the date of  comin g into force of the Assam 
(Tem por aril y Settled Areas) Ten anc y (Am endm ent) 
Act, 1974, for res tor ation of possession and the 
Reven ue Officer may, a fter such enq uiry as he ma y 
find it necessary and afte r issuing notice  to the 
landlord or the  per son  pre ven ting  the cultivation 
of land  by the  tena nt or un der-tenant, ord er oi 
direct th at  the  ten ant or under-tenant be restored  
to the possession of the land.
.  (2) On  the  order passed under the  prec edin g 
sub-section becom ing final under  sub-section (2) 
of Section 67, the  land lord or any oth er person 
aga inst  whom the ord er is passed shall imme dia te 
ly resto re possession to the ten ant or under-tenante, 
as the case may  be, If the lan dlo rd or the  person, 
against who m the ord er is directed, does no t res­
tor e the possession wit hin 7 days from the da te of 
the ord er beco ming  final then  the  Reven ue Officer, 
on app lication by the  ten ant or un de r-tenan t con­
cern ed, shall himself tak e possession of the  holding 
and  deliver it to Such ten an t or  under-tenant, as 
the  case may  be .”
3. Aft er clause (d) of  Section 66 of  the  pr in­
cipa l Act, the follow ing shall be inserted as a 
new  clau se, viz :—
. “ (e) Claim s to res tor ation  of  possession under
Section 54 A.”
4. Existing Section 67 of the princi pal  Act 
shall be renum ber ed as sub-section (1) of  Sectio n 
67 and the rea fter the following shall be inse rted  
as a new sub-section viz :—
“ (2) Th e appel late ord er of the Assam Board 
of  Rev enue, the  ord er of the Deputy Commissio­
ner  or the Settlem ent Officer when no appea l is 
preferred , the  app ella te ord er of the  Deputy 
Com missioner  or the  Settlem ent Officer, the order 
of the  Rev enue Officer inc lud ing  ord er pas sed by 
him  in exerc ise of  dele gated pow er of the  Deputy 
Com missioner or Settlement Officer when no appeal 
is filed shall be fina l.”
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