The Assam (Temporarily Settled Districts) Tenancy Act, 1935

Se ct io ns
ASSAM AC T II I OF  193 5
T H E  A SS A M  (T E M P O R A R IL Y -S E T T L E D  D IS T R IC T  
A C T , 1935*
[As Modified up to 13th September, 19 63]
[Pu bfshed  in  th e Assam 'Toee/lr of the 2nd O ctober 1935]
CO NT EN TS
CH AP TE R I 
Prel imin ary
1 S hort  title.
C om m en ce m en t.
2 Lo ca l exte nt.
3 Defini tio ns.
,?..T ta/4 k. o?  .
ri U m L ''
ia  < ' or ’ SetXj’j
• > A  ■ ' ' &
4 Cla sse s o f t en an ts .
C H A P T E R  II
C lasses  of ten ant s
C H A P T E R  II I  
P r iv il e g e d Rai yats
♦-• A t -1 n.'Sfl
5 Rai yal s entitle !  to ho ld  at ? . ra te  o f re nt no t ex ce ed in g trie re ve nu e
r a t -ra te
6 C om m uta ti on o f “ bhog” or -service .
7 R ig ht s in re sp ec t o f us e ct  la nd an d in  tre es.
8 O bli gati on to pa v r nt.
9 Pr ot ec tion  fro m ev ic tio n.
10 D ev ol ut io n on  dea th .
11 Rig ht  o f t ra ns fe r.
12 R ig ht of su ble tt in g. ♦ *  *  »
♦K o-  S ^a lc .iv nt o f O bi .  is an d Reasons, se e Assa m Gazette,  1934, P art  V , page 48 •  
fo r Pro ceeding s io  C ouncil,  se e Assam C a stle ,  1934. Pa rt V I, pages 93/. 1193-1 198, tssam 
Gazelle, 1935, i art V I, pages m .l , 717 -710. 1923-1047, IO 7I-IIO 5; 1130-1166, 1180-1206 -  fo r 
lteporW ol' Select Com m itte e, rrr zltram  Gaze lle, 1935, Part V , pages 52-1 12, pages 138i>13y, 
153.
, ;  * .  ;  X -  <  ?
[ P. ice 62 nP. or 11  d.]
. = — = X
 
2
CH AP TE R IV 
O ccupancy  Raiy ats
Sections
-  13 Acqu isition of occupa ncy rig hts.
I ncidents  of O ccupancy  rig ht
14 Righ ts in respect of use of  land.
15 Ri gh t in  trees.
16 Ob lig ation to pay  r ent.
17  Protection  from eviction.
18 Devolution on dea th.
19 Righ t of  transfer.
20 Righ t of  subletting .
21 Restriction  on enh ancement of  rent.
22 En hancem ent b y con tract.
23 En hancem ent by app lica tion to Court.
24 Rules as to enhanc ement on gro und  t ha t rent is muc h below the
maxim um rate.
25 Rule s as to e nha nce ment on gro und  of lan dlo rd’s imp rove ment.
26 Rules as to enhanc ement on gro und  of increase in productive
powe rs due to fluvial action.
27 En hancem ent to be fair and equitable.
28 Power to ord er progressive enh anc em ent .
29 Lim itation of right to file successive enhancement application s.
CH AP TE R V
N on-occupanncy  Raiya ts
30 Applic atio n of c hapte r.
31 In iti al  r ent.
32 Conditio n of enha nce ment of re nt.
33 Gro und s on which  a non-occup ancy rai yat may  be ejecte d.

3
ion s
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
Power to o rder  progressive enh ancement an d ejec tme nt refusal 
to agree to enhancem ent ordered.
App lication  for restituti on.
Inc idents of  holding.
Subletting.
CH AP TE R VI
UN DE R- Ifa tV dfJ
Lia bilit y to p ay ren t.
Gro und s on which  undcr-raiyat may be ejectea.
Power to ord er progressive enhanceme nt.
App lica tion  for restituti on.
Inc ide nts  o f holding.
Subl ettin g.
CH AP TE R VII
Gene ral P rovisions as to ren t
Lim itation of rent.
Presum ptio n as to am ou nt of r ent a nd  cond itions of hold ing.
Alteratio n of  rent on altera tion of revenue rate .
Re du cti on  o f ren t of holdings in temporarily-se ttled estates.
Red uction of re nt o f holdings in estates other th an  tem por aril y 
settled.
Alteration  o f rent on alte ration  of area.
Instalm ents of rent.
Re nt  receipts.
Pen alty for w ithh oldi ng ren t receipts by lan dlo rd an d for frivolous 
applica tions by tena nts.
Effect o f receipt of registered pro prie tor,  landho lder, ^manager or  
mortgagee.

4
D eposit  o r  ren t
Sections
54 App lication to deposit ren t in court .
55 Receipt g ran ted  by c ourt for ren t deposited to be a valid ac qu it­
tan ce.
56 Procedu re for pay men t to the lan dlord of  ren t dep osited.
Arrears  of ren t
57 Lia bility to sale for arrear s of  privileged raiyal’ s or occu panc y
raiya t’ s holding.
58 Eje ctm ent for arrear s in oth er cases.
59 Inter est on arrears.
60 Power to award  damages  on ren t withheld withou t rea sonable
cause, or to defendant imprope rly sued for rent.
L iab ility  for  ren t  on change  of landlords  or  aft er  tran sfer  of 
HOLDING
61 Te na nt n ot liab le to transferee  of lan dlo rd’s inte rest  for rent paid
to form er land lord witho ut notice o f t he tran sfer.
M erger
62 Effect o f acqu isition of privileged raiya l’ s or  oc cupan cy raiyat 's rig ht
by landlord.
I rregul ar  transfe r  of holdings
63 Tra nsfe r in contravention of the A ct to Ire voidable a nd  forfeiture of
offending ten ant’s interest.
I lle gal  cesses , etc .
64 Pen alty fot exaction of sum in excess of  the rent lawfully payable.
CH AP TE R V III
X '
M iscellaneous  provisions  as  to  landlords  and tenants  
Ejec tm en t
65 Eje ctm ent  in execution of  a dec ree.
I mprovem ents
56 Definition of “ imp rovement”.
67 Ri gh t to mak e improvements.
4 ,

5
*
rt
Section s
68 Registrat ion of land lord’s inp rov em ents.
69 Com pen sation for te na nt ’s  im provemen ts.
70 Princi ple  on which compensation  is to be estimate d.
AC QU ISITIO N OF HO LD ING BY  LA NDL ORD
71  Acqu isition of land by landlord.
Sur re nd er and A bandonmen t
72 Su rren de r
73 Aba ndo nment.
D ivision
74 Division of tenancy not bind ing  on co-sharer tena nts or on land lord
witho ut consent.
M easurement
75 La ndlor d’s rig ht to measure land.
76 Power o f Revenue Co urt  to ord er tenant to  atte nd and  point out 
bou ndaries.
77 Te na nt ’s  righ t to have the  la nd meas ured in cer tain  circu mstances.
78 Stan da rd of measure ment.
CH AP TE R IX
P rep ara tio n and M aintenanc e of R egord -of-R ights
79 Power to order pre paration  of record-of-ri ghts for tenan ts.
80 Particulars to be reco rded .
81 Preliminary publication , a men dment an d final p ublication  of record -
of-rights.
82 Certificate of, and p resumptio n as to final publication, and  pre sum p­
tion as to correctness, of lecord-of-rig hts.
83 App eal to, an d revision by, superior author ities.

6
Sections
84 Expenses of proceed ings u nde r this Chapt er.
85 Power to dire ct maintena nce  of record-of-rights.
86 Pro cedure on app lication for registra tion  or on info rmation receiv ed
otherw ise.
87 Ap pli cat ion  to set aside ord er dire cting the reg istration .
CH AP TE R X
J udicia l P rocedur e
88 Ma tters exem pted from cognizance o f Civil Co urt .
89 Da te from which ord er fixing or  alte ring rent takes effect.
90 Jurisdic tion of the Civil Court.
91 Po we r to modify Civil Procedur e Code in its app lica tion to l andl ord
and ten ant  suits
92 Procedu re in ren t suits.
93 Set-off in suits for arrear s of rent.
94 Pay ment into cou rt of mo ney admitted to be due to third person.
95 Pay ment into  cou rt of money admitted to be due  to land lord .
96 Provision as to pay men t of portion  of money.
97 Co urt to gr an t rece ipt.
98 Appe als.
99 Lim itat ion  o f appeal.
100 Procedure of Appe llate Co urt  o n app eal.
101  Suspension of orders app ealed again st.a
102 Power to call lor proceedings of subordinate officers.
103 Appeals in ren t suits. ,
104 Dep osit on app lication to set asit e ex- pa rte decree-
105 Relief  aga ins t forfeitures.
106 Rights of ejected tenants in respect of crops and land prep ared for 
sowing.

7
CH AP TE R XI
Summary  pro ced ure  for  th e  R eco ver y  of  R ents  under  th e  
Beng al  P ubl ic  D emands  R ecov ery  A ct , 1913
Section s
107 Reco very of arrears of ren t und er the  certificate proced ure r in
cer tain areas.
108 Passing o f holdin g sold in exe cut ion  o f certificate.
CH AP TE R X II
Sale  for  arrears  und er  dec ree
109 Sale of holdin g of  a p rivile ged raiy at or of an occupancy raiya t 'for
atr ear s of rent .
110 General powers of pur cha ser as to avo idance  o f incumbran ces.
111 Protected interests.
11 2 Meaning of ‘‘ incumbrance” and “arrears” and “ arrear of rent”.
113 Application for sale o f holding.
114 Combined ord er of attachm ent and  proclamation  o f sale to be
issued.
115 Sale of holding with  power to a^oid all inc um bra nces an d effect
thereof.
116 Pro cedure for annu lling incumbrances under this ch ap ter  or under
the Pu bli c De ma nd s Recov ery  Act.
117 Rules for disposal of the sale proceeds.
118 Hold ing to be released from  attachm ent only on paym ent in to court
of amou nt of decree wit h costs, or on confession of satisfaction 
by decr ee-h olde r.
119 Inferior ten ant  pay ing in to cou rt may de du ct from rent.
120 Decree-holder  may bid  at  sale : jud gm ent-d ebtor  may not.
121 App lica tion  to set aside sale.
122 Sale when to become absolute o r b e set aside, and ret urn  of pur­
chase m onev in cer tain  cases.
 
8
. s
CH AP TE R X II I
Contract  and  custom
Sections
123 Restrictions  on exclusion of Act by agree me nt.
124 Savin g of custom.
CH AP TE R XIV
L imitation
125  Lim itation in suits, appe als and  app lications in Schedule I.
126 Portions o f the  India n Lim itation Act not ap plicab le to such suits
etc ., men tioned in Sche dule I.
CH AP TE R XV
Supple me ntal
127 Penalties for ille gal interference  w ith pro duc e.
128 Power to make rules.
129 Power to invest officers with special powers.
130 Revenue Court or Revenue Officer may  transfer aop lica tions or
oth er proc eeding for disposal to any  Revenue Co urt  or officer 
sub ord ina te to it or him.
131  Sale of holding of privileged or occ upa ncy  raiyat for recovery of
loan  gra nte d under Land Impro vem ent  Loan s Act, 1883, etc.
Schedule I,  Pa rt I— Suits.
Pa rt I I —Appeals.
Part III—Applications.

9
TH E ASSAM 'TE MPO RA RI LY -SET TL ED  D IS  
TR IC TS)  TE NA NC Y ACT, 1935
*
An Act to regu late the relati ons  of Land lord and Tenant in  
the  tem porar ily-sett led districts o f th e Pro vinc e of  Assam
Whe reas it is expe dien t to reg ula te by law the  Prea mble , 
righ ts an d liab ilities of a gricu ltural  ten ants an d the ir 
land lord s in certain land s in the province of Assam not 
included in any perm anently-set tied estate ;
Geo Ch And where as the previous sanction of the  Gove rn-
61 ; 6 an d 7 or-G ener al has been  obtaine d under sub-section (3) of 
Geo. 5. Ch. section B O A  of the  Gov ernmen t of India  Act to the 
3?;  and lo passing of this A ct:Geo. 5, Ch. ,
It  is hereby  enacted as follows :—
CH AP TE R I
P re li min ar y
1. (1) Th is Act may be called the  Assam (Te m- Sh ort  title 
porarily settled Districts) Tenan cy Act, 1935.
(2 1 It  shall come into force on such date as the  Comm enee. 
[State Go vernm ent]1 2 may, by notification, ap po int  in me nt. 
this behalf.
2. (1) Th e Act does not app ly to—
(a) land s includ ed in any Reserved Forest con- Local exten t
stit uted under the  law for the  tim e being 
in force ;
(b) lands acq uire d under the Land Acquisition
I of 1894, Act, 1894, for [any Gov ernment]5 or any
Local Authority  or for a Railway or other 
Com pany, when and  for so long as such 
land s are utilised for the  purposes for which 
they were  acq uired or for purposes 
incidental or ancillary  thereto  ;
1. Substituted by the A.O. 1950  for “ Provincial G ove rnm ent” .
2. Substituted  by the A.O . '937 for “the Government” .
 
10
(« ) lan d owned by [the Government]- 1 * or by 
any Local Authority  whic h is used for any 
public work, such as r oa d,  canal, drain  or 
emb ank ment or is set asid e for the  r epair  
or ma inte nan ce of the same ;
(a ?) land s expressly reserved from sett lement, by 
[an y Governm ent]? or by officers of [the 
Gover nm ent ]1 , duly empowered in th at 
behalf, for milita ry purp oses or for profes­
sional graziers or for a pub lic purp ose, such 
as glazing ground s, recreation  grounds, 
bur ial or crem ation ground s ;
(e) land s include d in a civil station ; ft
( f )  lands—other tha n agric ultura l lands—situ ­
ate d with in any are a outside  civil stations ;
(g) land s comprised wit hin esta tes settled for 
special cultivation when, and  for so long 
as, such lands are  used for the purposes of 
special cult ivation or for purposes ancillary 
the reto ;
Expla natio n.—This sub-clause includes lands settled 
for the  cul tivatio n of tea und er the rules in force from 
time to tim e such as fee simple gra nts , reve nue redeem­
ed gra nts , 30 yea rs’ gra nts  un de r the  New Lease 
Rules [thou gh now assessed with  full revenu e] 3 
and  lease for special cultiva tion  un de r settlement 
rules fram ed from time to time un de r the Assam Land . f 
and Revenue Regulation. ° *
(A ) lands  settled for ordin aty cultivation  but 
utilised for special cultiva tion  or for pu r­
poses an cillary thereto , when, a n d b r s o  
long as. they are so utilise d ;
(t) land s settle d on an nu al leases.
1. Substi tute d by  the A .O.  195 0 for “ the Crown” .
2 ‘  Substi tute d by the A.O. 193 " for “ the Governm ent” .
3. Inserted by the Assam (Tcm porary.Settletcd Districts) Ter, an Amendment)
Act, 1953 (Assam Act XXVII of l953 .J
 
 
11
(2) Sub ject to I  he above mentioned exception s, 
the  A ct extends to  :—
(а) Th e districts  of Ka mr up . —
Nowgong. * * * i
Sibs agar .
Da rra ng.
Lak liim our .
(б)  Th e Sa dr  a nd Ha ilakan di subdiv isions ol 
the dis trict of Cacha r.
(3) The [Sta te Gover nm ent ] 1  2 may, by notificatio n, 
exten d the  whole or any pa rt of the Act to any 
[ot her]3 tempora rtily -settled area in oth er district s :♦ •  *1
Provided th at no such notification shall be issued 
unless—
* 4 a notice, intimating the proposed exten 
sion of the Act or par t thereof, has  been 
previously published in the  a rea  conc erned 
or pa rt the reo f in the  prescribed  manner,* •*
3. In  th is Act, unless there is any thin g rep ug nant Definitions, 
in the  subject or context,
(1) Th e words “ est ate ,” “civil sta tion,”  “ tem po­
rarily-settled escate,”  “ land revenue,’’ “ prop rie tor ,” 
“ landhold er”  and  “ settlem ent- hold er”  hav e the
1  of  1886, meanings assigned to them  in the  Assam La nd  and 
Reven ue Reg ulation , 1886 ; the expressions “ annual 
lease,” “ periodic lease,” “special cultivation” and  
“ord ina ry cult i' ation”  shall have the same me aning as 
is assigned to them  in the  rules fram ed un de r the 
aforesaid Regulation. “ Revenue Officer,” “ Settl e­
me nt Officer” and  “ Assistant Settlement Officer”  con­
note  the i  fficers described as such in, or app oin ted  
und er, the Assam Land and  Revenue  Reg ulation  ;
(2) “Revenue Co urt” means the  Co urt  of the 
Deputy Comm issioner, Settlement Officer, or of such 
oth er officer as th e [State  Go ver nm ent ] 2 may invest 
with the  powers of Reve nue Cou rt for the  p urposes of 
this A c t;
1. Om itted by the Assam (Tem pora rily- Settl ed Districts) Ten anc y (Amendment! Aet jy53 (Assam Act XX VI I n f l9 53). raent; Act.
2. Substituted by the AO 1950 for “ Provincial G over nme nt.’*
3. Inser ted by Assam Act, XX VI I of 1953. »
4. Num ber (i) an d item (ii) deleted by Assam  Act, X X V ll  o f 1953.

12
(3) “ ten ant” means a person  who bolds land 
under ano the r perso n, and  is, or bu t for a special 
contr act —express or implied —would be, liable to pay 
ren t for th at  land to tha t othe r person :
Provided that a person who holds land immediate­
ly under the  [Gove rnm ent] 1 is not a  ten ant within 
the  mea ning of this definition ;
'^Explanation:—A person who hold s land on con­
diti on of  service to a temple or religious institution 
shall be deemed to be the ten an t of  the ma nag er of 
such tem ple or religious inst itut ion.
(4) “ lan dlo rd” means a pers on imm edia tely 
under whom  a ten an t holds bu t does no t i nclude  [any 
Go vernme nt] 2 .
(5) “ re nt ” means w hat eve r is lawfully pay abl e or 
delivera ble in money or kind or partly in money an d 
par tly in kind bv a ten ant to his lan dlo rd on acc ount 
of the use o r occupation  o f land held by the te n an t;
(6) mea ns articles of food req uir ed by 
custom to be offered to a deity ;
(7) “ pay ” , “ pa ya ble ” and  “ paym ent” used with 
reference to r ent , inclu de “deliver’’, “d eliver abl e” and 
“delivery” ;
(8) “ holding” means a parcel or pai cels of land 
or an und ivid ed share thereo f, held  by a ten an t and  
form ing the  subject of a separate ten anc y ;
(9) “ Agr iculture” includes hortic ulture  ;
(10) “ agr icu ltural lan d”  means land  used for 
agricultural pu rp os es ;
NO TE -—Land und er homesteads occupied for residential 
purposes in connection with an agric ulture: hold ing is included in 
“agricultural land.”
(11) Th e ter m “ settled ” used wit h reference to 
a lan d or an estate m eans leased by, or  on beh alf of, 
the  [Govern me nt.] !
< ?
1. Substituted by the A . O . 1950 for “ Crown” .
2. Substituted by the A. O. 1937 for “ the  Government” .

13
(12) “agricultura l year”  means the  year beginnin g 
on the first day of Bysa kh and  end ing wit h the  last 
day of Cha itra.
(13) (a) “ revenue ra te ” means in respect of every 
parc el of land in an estate  settled tem po rar ily  at full 
rates, the rate  at  which  reve nue is for the  y ear actu ally 
payab le to Gover nment upon  th at  parcel of  land ;
(Z » )  In the  case of la nd in a n  estat e settle d oth er­
wise than  at full rates, it means the  rat e at which 
reve nue would  for the  yea r be actual ly payab le to 
Governmen t on land  of sim ilar qua lity  an d advantages 
in an estate tem por aril y settled at  full rates under  the 
rules for the time  bein g in force ;
(14) “ Not ific atio n” means a notificatio n published 
in the [Official Gaz ette ]*.
(15) "V illa ge” means the are a surveyed as a 
village at the  last rese ttlement of the  dis trict or the 
pa rt ther eof in which  the are a lies ;
(16) “ Pre scribed”  mea ns prescribed by rules 
framed under this A c t;
[(17) ‘Ma ximum ren t o r rat e of ie nt ’ of agricul­
tural holdings or pa rt thereof, held  on cash ren t means 
a sum repiesentin g three times the revenue rate. 
Where agricu ltural holdings or pa rt thereo f are held 
on pro duce ren t, “max imum re nt ” means one-four th 
of  the act ual  produce th ereo f]? .
CH AP TE R II
Classes of tenants
4. Th ere shall be, for the  purposes of this Ac t, classes of 
the  following classes of  ten ants, (nam ely ):— tenan ts.
(1) Raiyat s, th at is to say, ten ants hold ing 
imm edia tely  un de r a pro prietor, lan d­
holder or sett lem ent-holder, and
(2) Under-raiyafr, th at  is to say, tenants 
hold ing under raiy ats ;
1. Substituted by the A. O. 1937 for “Assam G aze tte.”
2. Substituted by Assam Act  X X V II  of  1953.

14 s
and the following classes of raiyats (name ly) :—
(«) Privileged raiyats , th at  is to say, raiyats 
entitled to hold atr a'e s of rent not exceed­
ing the  revenue rates,
(6)  Occ upa ncy  raiy ats, th at is to say , rai yat s 
hav ing a  righ t of occ upancy in th e land 
held by the m, and
(c)  Non occu panc y raiyats, th at is to say , rai yat s 
not havin g such a right of occupan cy.
CH AP TE R II I
P ri vil eg ed Raiyats
Raiyats cr.- 5, (i) Subject to the provision of sub-section (2),  
Id a  a °r at e a  r a ^' a t  w ^ °  ^ a s  land  ^o r  a  continuous period of 
Of  ren t not not less tha n [12] 1 years—
exceeding
the reven ue tj) O n  a  rat e of re nt  never exceeding the
r a t c‘  revenue ra te, or
(«) at ha lf the  revenue rat e in addit ion  to 
service  to  be rendered by h im, or
(tit) on pay ment of "bhog”
shall be deemed  to be  raiy ai e ntit led to hold th at  land 
at  a rat e of  rent nev er exceeding the revenue rate.
(2) Notwithstanding the provisions of sub-section 
(1),  no perso n hold ing land  under a concern  engaged 
in special cul tivation shall acq uire, or be deem ed to 
have acq uir ed,  the  status  of a privileged raiyat in 
resp ect of such land, if it was first leased to him. or to 
his p redecessors in intere st at  a  time w hen he or they 
formed pa rt of the  lab our force of the  concer n in 
question.
(3) For the  purposes of  this section the pe rio d o 
[12] I years m ay be wholly or pa rtly before or after 
the  com men cement of [the  Assam (Te mporary-Settled  
Districts) Tenancy (Am endment) Act, 1953] 2.
1. Su bstit uted  by Assam Act  X X V II  of  1953 for “ 20” .
2. Substitut ed by ibid for “ this Act” .
 
 
 
(4) Fo r the  purp oses of this section a person  
sha ll be deemed  to hav e held as a raiyat any land 
he 'd as a raiyat at  a rat e of rent  never exceeding  the 
reve nue rat e by a pers on whose heir or  successor in 
inte rest  he is.
6. (1) A privileged raiy at hold ing lan d on pay - Co mm uta - 
ment of “bhog" or re nd er ng  service in addition  to tio n of  bhog 
paying cash ren t at  h a lf  the  revenue ra te  or, if the  or serv ice. 
raiya t has babit ua ly de faul ted in the paym ent of his 
custom ary ren t or the r rd er in g of oust ma ry service, 
the  lan d lord of such rai yat , ma y app ly to the Re ­
venu e Court to have the pay ment of  “bhog" or the  
com bined cash re nt  and service com muted to ren t at 
the reve nue rate . Th e Court shall, on rec eipt of such 
app lica tion, issue notice on the lan dlo rd or  the rai yat 
fas the  case may  be) and , on hea ring wh at he has to 
say, pass orde rs allowing or reje cting t he app lication.
(2) Before allowing or rejec ting s uch  app lica tions 
the Co urt  shall have  reg ard  to—
(t) the pur pos e for whi ch the ten anc y was ori­
gina lly gran ted,
(it) the  e xten t to which that purp ose has been 
achieved  under existin g conditions,
(t it) the p eriod  for which the  ten anc y has been 
in existence,
(i t» ) the exten t to which the prop osed  com mu­
tation  will inte rfere with  the  purpose for 
whic h the ten anc y was created,
(») whether in respect of any lan d in the estate 
concerned the land lord has acc ept ed com ­
mu tation  of ren t in the  past an  1  if so un­
der wh at circu mstances, and
(at) any  o the r circums tanc e wh ich, in the opi n­
ion of the Co urt , is calcul ate d to affect 
adverse ly or favo urably the inte rests o f the 
land lord or of the ten ant in resp ect of  such 
land.
7.( 1) A privileged rai yat may  use the land in Rights in 
his holding in any ma nner which does no t materially respec t of  use 
im pair the  valu e of the land or tend er it  unfit for the ll n c I a n fl  
purp oses of th e ten ancy. ,n  tr ces-
(2) Sub ject to the provisions of sub-section (1), a 
privileged raiy at shall be entitl ed—
(t) to pl an t,
 
 
 
16
(») to enjoy the flowers, fruits and  oth er pro­
duc ts of,
(iii) to fell, and
(tv) to utilise and dispose of the tim ber of, 
any tree on such lan d; provided  that in doing so he 
does not con trav ene the provisions of any law :
Prov ided  fur the r th at  he shall not be entitled 
wit hou t the lan dlo rd’s consent in writin g to fell, utilise 
or dispose of th e tim ber of  any tree  whic h stood on 
the hol ding before the creation of the tena nc y Whe n 
the tena ncy is over 20 years old, all trees sta nding  on 
the land shall be presu med, un til the  contr ary  is 
prov ed, to have been pla nte d or to have b egun to 
grow durin g the  tenanc y.
Obligation  g. priv ileged raiy at shall pay ren t for his hold ing 
to pay ren t. a l  t j,e  customary rate and  if the se rvice, if any , to 
be render ed by him  or paym ent of “bhog” to be 
made by him , be com muted, the n at  the reve nue
rate.
Protection 9.  A privileged raiya t shall not be ejected by his 
from cvic- i a n t Ho r d  from his hol ding exce pt in exec ution of a 
decree for ejectm ent  passed on the gro und  th at  he 
has used the  land comp rised in his hold ing in a ma n­
ner w hich  renders it unfit for the  p urpo ses of  the ten ­
ancy.
Devolution 1® * a  p ri v il e g ed  raiy at dies inte state in respect of 
on death. his hold ing, it shall, subject  to any custom to the 
contr ary , descend in the same ma nn er as oth er im­
movable pr op er ty :
Prov ided that in  any case in which under the  law 
of inh eritan ce to whic h the raiy at is subject his oth er 
pro perty goes to the [Govern me nt] 1, his rig ht in the 
holding shall be extinguished.
Right of 11  A privileged laiyat shall hav e an unre stric ted
tran sfer. righ t of transfer in respect of  his holding , bu t no 
transfer shall be bin din g on the landlord until a writ­
ten notice the reo f has been  given to the  lan dlo rd :
Prov ided th at the rig ht of a priv ileged raiy at h old ­
ing under a religious institu tion  such as a temple, 
S at ra  or ntosque shall be rest ricted to transf er to pe r­
sons belo ngin g to the  same relig ion as the  inst itution 
•  n wh ich  the own ersh ip of the l an d is ve ste d.] 2
R . h [ o( .  12. A privileged raiya t shall have a rig ht of sublet-
sub letting . ’  ting his h olding or any pa rt of it to person s to whom
he could validly transfer it  under section 11.
1. Substituted by A. O. 19 50 for “C rown” .
2. Sub stituted by Assam Act XXVII of 195 3.

17
1
«
*
CH AP TE R IV 
O C C U PA N C Y  R a y a h
13. (1) A person, who— Acquisition
of occup ancy
[• * * *J 1_  rights
(6) for a perio d of 12  years [* * * *]* has 
continuously held land as a raiyat , shall 
have a right of  occup ancy  in tha t land.
(2) Th e period of [* * *] 1 12 years [* * * ]i 
referred to in sub-section (1) may be wholly or par tly 
before or after the com me nce me nt of | the Assam 
(Tempo rary-S ettled Districts) Tenancy (Amendm ent)
Act, 1953] 2 .
(3) A perso n shall be deem ed, for the purposes 
of this section, to have continuous^ held land und er 
a lan dlord notwithstanding that the partic u’ar land ­
lords un de r whom he held the land were different 
at  different times provided the  lan d held by h im was 
the same.
(4) A person shall be deemed, for the purposes 
of this section, to have held as a rai yal any land held 
as a raiy at b y a perron  whose he ir he is.
(5) If  a raiy at recovers possession of his holding 
under the provisions of sectio n 35 or of any other 
law in forc e, any perio d during which he may have 
been out of possession shall count towards the periods 
specified in sub-section (1).
(6) Fo r the  purposes of this section, a person  
who, under  the system generally know n as "ad hi” , 
“barga" an d “bhag,” cultivates the  land  of 
anoth er person, on con dition of delivering a pro por­
tion of the crop to th at perso n, is not a  raiyat:
Pro vided th at  the holding of the  land und er 
such a system shall not be deemed to break the 
con tinu ity of the perio d for which the said cultiva tor, 
or his h eir or the person whose heir the cultiva tor 
is, holds or  held the land  otherwis e tha n und er such 
a system.
[Illustration— When a per on holds land as a 
raiy at, say, for seven years, then  under the  system 
mentioned in this sub clause for four years, and  the re­
after again for a furthe r term as a raiy at, occu pancy 
right shall not accrue unless such furthe r term extend s 
to a period of not less th an five y ears.] 8 .
1. Ommilted by Assam Act X XVII of 195  J.
2. S ubsti uted by ibid for “ this Act”,
3. Sub stituted by Assam Act, XX VI I of 19 53.
4
i
 
18
I nciden ts  of  occupancy  righ t
Rig hts in 14. Whe n a raiy at has a right of occupan cy in 
r «Pc c‘ °f u»e respect of any land  he may use the land in any 
°*  a n ' ma nner which does n ot materi ally  im pair the value 
Of the lan d or render  it unfit for the purposes of the
tenancy.
Rig ht in 15. Subject to  the provisions of sectio n 14, when
tr ce5 ' a raiy at has a right of occupan cy in respect of any
lan d he shall be ent itle d—
(» ) to pla nt,
(it) to enjoy the  flowers, fruits and  oth er 
produc ts of,
(tit) to fell, and
(it t) to utilise a nd dispose of th e tim ber of, 
any tree on such la nd:
Prov ided th at  in doin g so he does not contrave ne 
the  provisions of any law :
Prov ided fur the r th at  he shall not be ent itle d 
with out the lan dlo rd’s  consent in wr iting  to fell, 
utilise or dispose of the  tim ber o f any  tree  which 
stood on the  holding before the cre ation ol the 
tenanc y. When the  tena ncy is over 20 yea rs old all 
trees stan din g on the  lan d shall be presume d until 
the  con trary is proved, to have  been pla nte d or to 
have beg un to grow durin g the  ten ancy.
Obliga tion  16. An occupancy raiy at shall pay rent for his 
to  pay re n t,  holding at fair an d equ itab le rates:
Provide d th at in case of dispute the  rat e prev i­
ously paid by a raiy at shall be deemed  to be fair 
and equ itable  unless the  contr ary  be shown  in a Cou rt 
of Law.
Pro tection  ^7- An occu pancy rai yat shall not be ejecte d by 
fro m cvic- his land lord  from his holding , except in execution of 
tion . a decree for ejectment passed on the grou nd :—
(a) th at  he has used the land comp rised in 
his hold ing in a ma nner which rend ers it 
unfit for the  purposes of the tena ncy, or
( Z > )  th at he has brok en a conditio n of his 
tena ncy cons istent with  the provisions of 
this Act, and on the brea ch of which he 
is, un de r the  term s of a c ontract between 
himself and  his lan dlord, liable to be 
ejec ted:
&

19
Provide d that no occupancy raiy at shall be liable 
to ejectm ent  under - sub-clause (b) il die. con trac t has 
been e ntered int o after the passing of this Act, and  
has not been  registered.
18. IfaraiyaZ  dies intestate in respect of a r igh t Devolution 
of oc cupancy  it shall, subje ct to any custom to the  o n  d e a tl > *  
contr ary , descend in the  same ma nn er as oth er 
imm ovable pro perty :
Prov ided th at in any case in whi ch un de r the  
law of inhe rita nce  to W'hich the raiy at is sub ject his 
oth er pro per ty goes to the  [Govern me nt] l  2, his righ t 
of oc cupancy  shall be extin guished.
[19. An occu pancy raiy at shall have unrestricte d 
right of tran sfer in respect of his hold ing but no 
transfer shall be bind ing on the lan dlord until a e ’ 
wr itt en  notic e the reo f has been given to the  land lo rd :
Provided that the  righ t of an  occupancy rai yat 
hol ding under  a religious inst itut ion such as tem ple,
Sa tra  or mosq ue shall be restricte d to transf er to 
persons belongin g to the same relig ion as the  ins titu ­
tion  in  which the ownership of the land  is vested.
20. An occupancy raiya t shall hav e right of R ; h t  f  
sublettii.g his holding or any pa rt of it to persons to sub letting, 
whom he could validly transfer it und er section 19.] a
21. Wh ere the occu panc y raiy at pays his rent in restr ict ion
money, the ren t shall not be enh anced except a s o n enhance- 
provide d by th is A ct. rT n" *
22. Th e money ren t of an occupan cy raiy at may Enhan ce-
be enh anced by contr act  subject to the  following y
con ditio ns:—
(а) the  con tract mus t be in writing  and 
registered,
(б)  the ren t must not be enh anc ed so as to 
exceed by more  th an  [three  an na s] 3 in the 
rup ee the ren t previously payable  by the 
raiy at, and
(e) the  rent fixed by the  co ntr act shall not be 
liable  to enh anc ement durin g a term of 15 
years from the d ate  of the contr act
provided as follows:—
(i) Nothin g in clause (a) shall pre ven t a land lord  
from recoverin g ren t at  a rate at whi ch it has been 
actu ally  pa id for a continu ous period of no t less than  
thre e years im mediately preceding the perio d for which 
th e ren t is claimed,
1. Substituted  by A. O. 195 0 for “ Cro wn” .
2. Sub stituted by Assam Act, XX VII of 195 3,
3.  Substituted by ibid h r “ four annas” ,

20
(«) Nothing in clause (b } shall apply to a contract 
by which an occupancy ra iy at binds himself to pay 
an enhanced rent in consideration o f an improvement 
which has been or is to be effected in respect of the 
holding by or at the expense of  his landlord and to 
the benefit of  which the ra iy a t is not otherwise 
entitled ; but an enhancimen t fixed by such a 
contract shall be payble only when the improve­
ment has been effected, and excep t when the ra iy at is 
charged with default in respect of the improvement 
only-so long as the improvement exists and substan­
tia lly  produces its estimated effect in respect of  the 
holdin g.
Enh an ce - 23. 1 he landlord of  a h olding held at a money 
mcnt by rent by an occupancy ra iy a t may, subject to the provi­
so C o u rt° " s *o n s  Ac t, apply to the Revenue Court  for
the enhancement of the rent on one or more of the
follo wing grounds, nam ely: —
F
r
(a)  that the rate of rent paid by the ra iy a t is 
much below the maximum rate of rent for 
the lands comprised in the holding and 
that there is no suffic’ent reason for his 
holding at so low a rate ;
(& ) that the p roductive powers of the land held 
by the ra iy at have been increased by an 
improvement effected by or at the expense 
of the landlord during the currency of the  
present rent ;
(c ) that the productive powers o f the land held 
by the ra iy at have been increased by fluvial 
action.
e n h a n c e -  24. When an enhancement is claimed on the 
ment on ground mentioned in section 23(c), in determining 
ren t "s ^ m u c h  whether there is sufficient reason for the ra iy a t holding 
below  m itbe a t  ^ l e  existing low rate of rent the Court shall have 
maxi mu m regard to the general level of  rents paid by occupancy 
rate. ra ty a ts  for lands of  similar description and with similar
advantages in the neighbourhood and all the circum­
stances of  the case such as the origin of the tenancy, the 
amount of land held under the landlord on produce 
rent, the incidental benefits or advantages, if any, 
derived from the ra iy at by the landlord and any special 
circumstance to which the existing low rate of  rent may 
be due. The  Court  shall not decree an enhancement 
unless  there is substantial difference between the rate
paid by the ra iy at and the maximum rate of rent.

21
' 25. (1) Where an enh anc ement is claimed  on the Ru les  as  to
ground of a lan dlord's  improvement— e n^ a  n  c e "1 ment on
ground of
(a) the Cou rt shall not g rant an  enh anc em ent  landlord’s  
unless the impro vem ent has been registe red unp rovc- 
in accorda nce with this Act ; ment.
1  (6) in dete rmi ning the am ou nt of enh ancem ent
the C:m rt shall have regard to—
(t) the increase in the pro duc tive powers 
of  the land caused or likely to be  caused 
by the imp rov ement,
(it) the cost of the imp roveme nt,
(iii) the cost of th e c ulti vation req uir ed for util­
ising the improveme nt, and
(if) the  existing ren t and  the abi lity  of the 
land  to bear a high er rent.
(2) 7 he Co urt  my enhance the rate of rent bu t 
not so as to exceed the max imu m rate of re nt  cal cu­
lated on the revenue rate  assessable on the  lan d had  
the imp roveme nt take n place before the last resettl e­
me nt of the village and  affected its classification for 
the purpose of assessment.
(3) An order u nder this section shall, on the appli ­
cation of the ten ant or his successor in inter est, be sub­
je ct  to reconsideration in the event of th e imp rov ement 
no t pro ducing or ceasing to produc e the estimate d 
effect.
26. Where an enh anc ement is claimed  on the Ru les  as to
ground  of an 
vial action—
increase in pro duc'iv e powers due to flu- enhancement 
on ground 
of increase
(c) the Co urt  shall not take  into acc ount any 
increase which is merely tem porary or 
casual ;
in produc­
tive powers 
due to fluial 
action .
(6) the  Cou rt may enh ance the rate o f re nt  but 
not so  as to exceed the maxim um rat e of 
ren t calculated on the revenue rate assess­
able on the  land  had the imp rov ement du e 
to fluvial action take n place before th e last 
res ettl ement  o f the village.
27. Notwi thstan din g anythin g in sections 24—26 Enhancb. 
the Co urt  shall not in any case ord er any  enh anc ement IP 'n l to  he  
which is, und er the circumstances of the case, unfair or 
inequitable .

>
22
Pow er ti  28. If  the Court o rdering an enhanc ement consl- 
greji ive ^cu - ^ c r s  t , l a t  l ‘l e  >m m e <3ia t e  enforcem ent of th e ord er to its 
hancem ent. fi’U extent will be attended  with hardsh ip to the raiyat, 
it may direct that the  enh ancement shall take effect 
gia dually at such times and  by such insta lments over 
a period not exceeding 10  years as the Court may
fix in this behalf.
For the purposes of section 29, however, the full 
ren t shall be deemed to have come into force from the 
date of  the ord er.
L im it ati o n  29. An app lica tion filed  for the enh anc em ent  of  
of righ t to the ren t of a hold ing on the  ground th at  the ren t paid  
file succe«- j s  be lo w  th e  max imu m rate  of re nt shall n ot be enter- 
ment"a ppH ^"t a *n c <^ ihe  fifteen years next precedin g the
cation*. filing of the app lica tion, the  rent ol the hold ing has 
been enhanced by a contract  m ade  after  the year 1934 
or an orde r has been passed und er this Act enhanc ing 
the rent on the ground  aforesaid, or on any gro und  
correspo ndin g thereto  or dismissing the application
on the  merits.
CHAPTER V
NON OCC UPANCY  R A IT A T S
. .. .  [30. This Ch apter  applies to rai yat s who have no t
of chapter- a cq u *r e d th e figh ts eith er of a privileged raiyat o r o f an 
occu panc y raiyat and  who are in this Act referred to
as non-occ upancy ratyats.JA
Initial rent. When a non-occupan cy raiyat is admitted to
the  c ccu pation of land, he shall become liable to pay 
such ren t as may be agreed  on betw een him self and 
his la ndl ord  at  the time  o f his admission.
, dit'o n of r e n t  ° f a  non -occ upancy raiy at shall not
enh anc ement he enhanced except by a wri tten agre eme nt, 
of  ren t.
Gro und s on $3- &  non-occupan cy raiyat shall, subject to the  
which a non-PfovtS'0118 of this Act, be liab le to ejectment on one or 
occupan c y more  of the  following grou nds, and not otherw ise, 
raiyat ma y namely
be cbjected.
(a) On the gro und that he has used the land in 
a ma nner which  rend ers it unfit for the 
purposes of the tena ncy or that he has bro­
ken a cond ition  consistent with this Act 
and  on the breach  o f which he is, under 
the  terms, o f the  contr act  betw een himself 
and  his lan dlord, liat le  to be ejecte d ;
»
i
I
3
f f i
1. Sub stituted by Assam Act XX VI I of 1553,

23
(A , on the  ground that he has failed to pa y an 
arre ar  of rent ;
(t f)  On the gro und  th at he refuses to agree to a 
fair and equ itab le enh anc ement o f rent ;
(d) when he holds the  land  under a writte n 
1  ease on the ground  that the  term of the 
lease has expired ;
(< ) whe n he holds the lan d otherwise than  
under a w ritte n lease, on the gro und that 
the tenancy has been terminated by his 
land lord by six mon ths notice in writing 
.expiring at  the end of the a gricul tural y ear :
Provided th at a non-occupancy raiy at who has at 
the com men cem ent of [the Assam (Te mporary-Settled  
Districts) Tenan cy (Am endment) Act, 1953] 1 hel d the 
land continuously for not less tha n [five ye ars] 5 shall 
not be liab le to ejectm ent on the  grou nd specified in 
clause  (/) unless the lan dlord has satisfied the Cou rt 
th at he requires the  land for his homestead or for cul ­
tivation b y him self or by mem bers of his family or by 
hired servants or labourers. p o
34. (1) In  a suit for ejectm ent on the gro und  of or<J* e r prC°
refusal to agree to enh anced rent, the Co urt  may , if g r e s sive en­
it  considers tha t the imm ediate enforceme nt of the hanc ement 
enhanc ement proposed by the landlord will be a n d  e Je c‘ 
atte nd ed  with  hard ship to the non -occ upancy rtiyaf, re fu s>i to  
direc t th at  the enh anc ement shall take effect g rad ually agr ee to 
at  su clrtitn es and  by such insta lments as the  Co urt  enha n c e- 
may fix in this behalf. ™ e n t o rd e r
(2) If  the plaintiff does not agre e to the mode of c 
enh anc ement as directed  by the  Co urt the suit shall be 
dismissed. If  on the o ther hand he agrees to it, he 
shall wit hin a week tend er in the prescribe d manr.er 
to the raiy at a dra ft of an agreem ent to pay the  
enh anced ren t as d eter min ed by the Co urt. If  the 
raiy at fails to execute the agre eme nt as tender ed and 
file it  in the  Cou rt within one month from the  da te of 
its tend er, the  C our t shall gr an t a decree for e jectme nt.
35. Where a non-occupancy rai yat has been  ejected Application 
tn the  circu mstan ces men tioned in proviso to section t i o n
33, he may app ly to the Co urt by which the o rde r for 
ejectm ent was passed to be pu t in possession of the 
hold ing from which  he was ejected by way of  rest itu­
tion if, w ithin [two years ] 5 of  the ejec tment, the  land 
lord sublets the hold ing or any portion thereo f ; and 
thereu pon the Co urt ma y, if satisfied after enquiry 
th at ti e lan dlo rd did not use the land for his homes­
tead  or for cult ivation by himself or bv mem bers  of his 
family or by hired servants or lab our ers, order a reco­
very of possession on sueh term s, if any , with respect 
to com pensation to the persons injured as to the Cou rt 
ma y seem just
•  1  Substituted by Assam Act XX VI I of 195 3 for  ‘‘ tbit Ac t” -
2 Substituted by ibid for “ len years”
3 Substituted by ibid for ‘‘three years”
 
 
 
24
Incidents of 36 . A non occupancy holding shall descend in 
holding. t h e same manner as other immovable oroperty but 
shall not be transferable withou t the consent in writing 
of the landlord.
Subletting. 37 . In the absence of a lease conferring on him 
the right of subletting, a non-occupancy ra iy at shall 
have no right to sublet without the consent in writing 
of the landlord.
CHAPTER VI
UNDSR-/L4/2S4 TS
ft
. . .  ... 38. Subject to the provisions of this Act an under-
pa y^ rin L ° ra iy at is  fa bl e to pay such rent as may be agreed on 
from time to time between himself and his landlord 
[but it shall not exceed, in any case, the rent paid by 
his immediate landlord to the latter’s landlord by
more then fO p-r  cer.t.] 1
„  , 39. An under-rajjat shall, subject to the provisions
which under o l  this Ac t, be li ab le  to ejectment on one or more of 
raiy at may b e the following grounds and not otherwise, namely :—  
ejecte d.
(a ) on the ground that he has used the land 
in a mann.'r which renders it unfit for the 
purposes of  the tenancy or that he has 
broken a condition consistent with this Ac t 
and on the breach of  which  he is, under 
the terms o f the contract between himself 
and his landlord, liable to be ejecred ;
( Z > )  on the ground that he has failed to p ay an 
arrear of rent;
(c ) on the ground that he refuses to agree to a 
fair and equitable enhancement of rent ;
( < / )  on the ground, when he holds the land 
under a written lease, that the term of his 
lease has expired;
1 Inserted by Assam Act X X V II  of  1953

25
( < ? )  on the  gro und, when he holds the land  
otherwis e t han un de r a writte n lease, th at 
the  tenai cy has been terminated  by his 
lan dlo rd by six mo nth s’ notice exp iring at 
the end  of the agr icu ltural ye ar:
Provided th at .a n under-raiyat, who a t the  com mo n 
cem ent of [the Assam (Te mporary-Settled  Districts) 
Tenan cy (Am endment ) Act, 1953  ] ’  held land [* *] s 
continuously for not less than  [five years ] 1  2  3, sh all not be 
liab le to eje ctm ent  on the grou nd specified in clause 
(« ) unless the  lan dlo rd has satisfied the  Court th at  he 
requ ires the lan d for his homestead or for cultiva tion  
by him self o r by mem bers o f his family or by hire d 
servants or labour ers.
40. In a suit for ejectment on the grou nd of refusal pow er to 
to agre e to enh anc ement, the Co urt  may, if it consi- order pro- 
ders th at  the imme dia te enforcem ent of the  en ha nc e- S re ,i v c  cn "  
ment proposed by the  land lord  in its fu ll extent will h a n e n*en U 
be attended  wit h har dsh ip to the under-raiyat, dismiss 
the  suit unless the pla inti ff agrees to such progressive 
enh anc em ent  as the Co uit  may consider equitab le.
41. Where an wnder rai yai has been ejected in the App lication 
circu mstances mentione d in the proviso to section 39, he I° r restitu - 
may  app ly to the  Co urt  by which the ord er for eject- t‘o n' 
ment was passed to be pu t in possession of th e holding 
from which he was ejected by way of restitu tion if, 
within three years of the ejec tment, the  land lord  sub­
lets the hol ding or any portio n the reo f ; and the reu pon  
the Cou rt may, if satisfied after enquiry  tha t the 
lan dlo rd did  no t use the land  for his homestead or 
for cultivation  by himse lf or by mem bers of his family 
or by hired servan ts or  labourers, ord er a recovery of 
possession on such terms, if  any, wit h respect to com ­
pensatio n to th e persons injure d as to the  Court may 
»eem just .
1  Sub stitu ted by Assam Act X XVII of  195 for “ this Act” 

Excerpt shown. Open the full act in Lexace.

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