The Goalpara Tenancy (Amendment) Act, 1943

Sh ort title 
an d com ­
mence ment
ASSAM AC T IV  OF  1943
TH E GOALP ARA TENA NCY (AM EN DM EN T) AC T, 1943.
( Passed by th e Assam  Legis lature  )
(Received the assent of th e Gov erno r-Ge nera l on the  29th May 1943.)
[ Pub lish ed in the Assam Gazette of th e 16th J u n e 1943 ]
An  A ct  fu rt he r to amend the Goalpara Tenancy Ac t, 19 29  (Assa m Ac t I  o f 19 29 ).  
Pr eamble. Whereas it is expe dien t further to am end  the Goa lpara Assam  A ct I
Ten anc y Act, 1929, in the man ner  hereinafter appearing ; of 1929.
And where as the previous sanction of the Governor has been 
obtaine d to the introd uct ion  of this Bi ll:
It is hereby enacted as follows
1.(1) This Act m ay be called the Goa lpara Ten anc y (Amend­
ment) Act, 1943 .
(2) It  shall come into force on such date as the Provin cial 
Governme nt may , by notification in the Official Gaz ette , appoint .
Local ex ten t. (3) It shall have  the like extent as the Goa lpara Ten ancy Assa m Ac t 1  
Act, 1929, here inaf ter referred to as the said Act. of  1929.
Am endm ent 2. In section 8 o f the said Act for the wor ds “ the lan dlo rd’s 
of section 3 fe e> > , w ji e r e v e r they occu r, the words “ the lan dlo rd’s registra tion  
Act ', S S7 f  fee” shall be substitu ted.
1929.
Su bstit uti on  3. For section 20 o f the  said Act the following section shall 
of new sec- be substituted, namely :—
ti°n  20 SC Cf “ 20. (1) Th e hold ing of an  occupancy jot ed ar  o r of an occu- 
A ss ai ii Act°I Pa n cY  rai yat o r a portion  or a share  the reo f together with the 
of 1929. right of occupancy therein shall be cap abl e of being transferred 
and  bequea thed in the same ma nner and to the  same extent as 
oth er imm ovable property and  all transfers ma de by sale, ex­
change or gift and all bequests shall, subje ct to the provisions of
sub-section (2), be bind ing on the land lord .
(2) (a) Every transfe r shall be mad e by registered instrument, 
except in the cases of a bequest o r a sale in execution  of a decree
or of a certificate signed under  the Bengal Public Dem ands Reco- Bengal Act 
very Act, 1913. Ill' o f  1913.
(b) A registering officer shall not register any such ins tru ­
ment unless there is tendered  to him a notice givin g part iculars 
of th e transfer in the prescribed form toge ther  wit h the process fee 
of the prescribe d am ount for the service of th e notice.
(c) Where any such instrum ent is registered the registering 
officer shall send to the Deputy Commissioner the  notice of the 
trans fer in the  prescribed  form , and the Dep uty Commissioner 
shall cause the notice to be served on the land lord named in the 
notice or his com mon agent , if an y, in t he prescribed m an ne r:
Provided that when a sole lan dlor d purch ases a holding o r a 
share or a portion thereo f no notice need be served.
(3) In  the case o f a bequest, the C ourt shall, before gra nting 
probate or letters of adminis trat ion, req uire the  applican t to file 
a notice giving par ticu lars  of transfe r in the prescribed form and 
to deposit a process fee of the prescribed  am ou nt for service on 
the landlord  or his com mon agent , if any. When pro bat e or 
letters of ad min istratio n have been gra nte d, the Co urt  shall send 
to the Deputy Commissioner the  notice :
[Price an na s 2 or 2d.]
 
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Provided th at in the case of a bequest by a  Mu hamm adan 
where no pro bat e is applied  for, the  executor or legatee shall file 
the notice and deposit the process fee in the Court o f th e Dep uty 
Commissioner.
(4) (a) When the hold ing of an occu panc y jo teda r or of an 
occupan cy rai ya t o r a  portion  or a  share the reo f is sold in execu­
tion of a de cree or a certificate signed under  the Bengal Public 
Dem ands R ecovery Act, 1913, other tha n a decree or certificate Bengal Ac t, 
for a rre ars  of ren t due  in  respect o f the  holding or of dues re- III of  1913. 
cove rable  as such, and neither the purchase r nor the  decree­
hold er is the sole land lord, the Co urt  or the Revenue Officer, as
the  case m ay be, shall, before confirming the sale, req uir e the 
purc haser to file a notice giving par ticu lars of th e transfer in the 
prescribed  form and deposit in add itio n to the  purc hase  money a 
process fee o f the  prescribe d amo unt.
( Z > )  When a mortgage of a holding of an occupancy joteda r or 
of an occu pancy raiyat o r a portion  or share thereof is foreclosed, 
and the  de cree-holder is not himself the sole landlo rd, the Cou rt 
shall, before making a decree or an ord er absolute or the fore­
closure, require the mortgagee to file a notice giving particular s 
of th e tran sfer in the  p rescr ibed form and to deposit a process 
fee of th e prescribed  amoun t.
(c ) If  the purcha ser fails to comply wit h the ord er of the 
Cou rt or the Revenue Officer under clause (a) within such 
time as m ay be specified in the said ord er, the Co urt or the  Reve­
nue Officer may make an ord er for the forfeiture o f the  pu r­
chase money and for the re-sale of the holding or portion  or share 
thereof. If  the mort gage e fails to c omply with the ord er und er 
clause ( Z > )  with in such time as may  be specified therein, the 
Co urt  may make an ord er for dismissal of the  suit for fore­
closure.
(< /)  When the sale has been confirmed or the decree or order 
absolute for the foreclosure has been mad e, the  Court shall send 
to the  Deputy Commissioner t he notice o f the  sale or final fore­
closure in the prescribed form.
(5) The Deputy Commissioner shall cause the  notice to be 
served on the land lord nam ed in the notice or his com mon age nt, 
if any, in the prescribed  manne r.
(6) After receipt o f such notice of transfer, the lan dlo rd shall 
not refuse to recognise the  transferee as the ten ant in respect of 
the  holding or portion or sha re the reo f transferred nor  om it to 
enter the  transfere e’s nam e in the la ndlor d’s rent-roll in place of 
th at of the transferor, or where only a share or a portion  of the 
transfero r’s inte rest has been transferred, along w ith the nam e of 
the  tra ns fero r:
Provided tha t such recognitio n shall not operate  as the 
admission of the am ount or fixity o f ren t or of  the area or of any 
inc ident of such occu panc y holding or be deem ed to con stitu te an 
express consent of the land lord to the division of the hold ing or 
to the  d istribution of the ren t pay able  in respect thereof:
Provid ed fur the r that i f a transfer is subse quently set aside or 
modified by a competent aut hor ity,  the  par ly in whose favour 
such ord er has been mad e shall, unless such order has been 
passed in a suit, app eal or oth er proceeding to which  the lan d­
lord or the entire body of  landlords was a party, file with the
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Deputy Commissioner a notice describing the  modifications mad e 
by such ord er and  deposit the prescribed  fee for the service of 
such notice. Th e Dep uty Commissioner’ shall cause the  notice 
to be served on the land lord  n amed in the notice or his comm on 
agent , if  any, in the prescribed  ma nner. Th e landlord, on 
receipt of such notice, shall cause his ren t-ro ll to be corrected  
accordingly.
(7) In this section ‘transferee ’  inclu des the  successors-in- 
interest of the transferee ; and  ‘tran sfer’ includes bequ est but 
does not inclu de (i) succession by inh eritan ce, (it) division of 
tenancies in accorda nce with section 76, (iii) leases execu ted in 
accorda nce with  the  provisions of this Act, \iv ) complete usufruc­
tua ry mortgages, (y) simple mortgages  or mortgages by con di­
tional  sale until a final decree for sale or foreclosure is m ade .
(8) In sub-section (4), ‘purch ase r’ includes the successors-in- 
interest of th e purcha ser a nd ‘mortgagee’  includes the  successors- 
in-interest of the mortga gee.”
Deletion of 4. Sectio n 21 of the said Act shall be dele ted.
section 21  of
Assam Act
I of 1929.
Deletion of 
section 22  of 
Assam Act I 
of 1929. 
Deletion of 
section 23  
of  Assam 
Act I of 
1929.
5. Section 22 of the  said Act shall be deleted.
6. Sectio n 23 of the  said Act shall be deleted.
•£ ,
Su bstituti on  7. For  section 25 of the said Act the following section shall 
2 X  S  b « s u ta iw te d , namely 
tio n 25 of
Assam Act
I of 1929.
“ What kind 25 , (1) An occu pancy ten an t may enter  into a com plete 
of usufruc- usufruc tuar y mortga ge in respect of his hold ing or a portion or 
gage occu- share thereot lor any period which does not or cannot, in any 
pancy possible event, by any agre eme nt, express or implie d, exceed nine 
ten ant may years ; and notwithstand ing a nything con tain ed in this Act or 
execute. j n  a n y o jhe r law or in any con tract, no other form of 
usufruc tuar y mortgage so en tered into  after the com men cement
of this Act shall have any force o r effect.
(2) Notwi thstanding any thin g contained in this Act or in any
oth er law or in any con tract, every usufruc tuary mortgage sub ­
sisting on the date on which the Go alp ara  Tena ncy  (Amend­
ment) Act, 1943,comes into force, which was so ente red int o 
before the  commencement of this Act shall be deemed to have 
take n effect as a complete usufruc tuar y mortgage  for the  period 
men tion ed in the inst rum ent o r for twelve years, whic hever is less.
(3) Notwithst anding any  con trac t to the con trar y entered 
into before or after the commenceme nt of this Act such a 
complete usu fruc tuary mortgage or a m ortgage referred to in sub­
section (2) may be redee med at  any time before the  expiry of the 
periods referred to in sub-section (1) or  sub-section (2) as the 
case may be.

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(4) Every complete usufruc tuary mortgage entered into after
the commenceme nt of this Act shall be registered under the A c t X V I  o f 
Ind ian  Regi stration Act, 1908. l y°8 -
(5) Notwithst anding a nything c ontained in this Act or in any 
oth er law, no docume nt creatin g or purpo rtin g to create (a) any 
oth er form of usufructuary  mortgage or ( Z > )  a complete usufruc­
tuary mortgage for a  period exceeding nine years shall b e received 
in evidence or acte d upo n in any Cou rt or by any public servan t :
Prov ided th at such a docume nt executed before the  com ­
menc ement of this Act may be so received in evidence or so 
acte d upo n as a complete usufruc tuary mortga ge for the period 
mentio ned therein or twelve years, whichever is less.
(6) Notwithst anding a nything conta ined  in this Act or in any 
oth er law or in any con tract, the consideration (with all interest 
thereon) for a comp lete usufruc tuary mortgage or for any other 
form of usufruc tuar y mortgage deem ed under sub-section (2j to 
have  take n effect as a complete usufr uctua ry mortgage ente red 
into by an occup ancy  ten an t in respect of his holding or a portion 
or share thereof, shall be deemed to have been extinguished on 
the  expiry  o f the peri od,
(«) mentio ned in the instrum ent  of the mo rtgage , or
(6) of twelve years from the date of the registr atio n of the
instrume nt, whic hever is less, or where there is no 
registered in strum ent , from the da te of the mortga gee’s  
entry into  possession, and  the mortga gor shall there­
upon become entitle d to possession of the mort­
gaged holding , and he ma y, if he is not forth with 
given possession, apply to the Court o r to a Revenue 
Officer to be resto red thereto  :
Provided th at , if in the case o f such a mortgag e subsisting 
on the date on whic h the Go alpara Tenan cy (Am endm ent) Act,
1943, comes into force, the said period has, on the da te of the 
com men cement of the said Act, alread y expired, the mortga gor 
sha ll, imm ediately on the commencement of the said Act, becom e 
entitled to possession of the mort gaged holding ; bu t he shall not 
be entitled to, nor shall the mor tgag ee be liable for, any com pen ­
sation in respect of the mortgag ee’s possession from the date of 
the expiry of  the said perio d to the date of the  com mencement 
of the said Act.
(7) An app lication  under sub-se ction (6) shall be accompa­
nied by a process fee of the  prescribed  amount for service of 
notice o n the mortgagee, an d the  Cou rt or Revenue Officer to 
which such an application  is made, may, after service of  such 
notice, award to the mortgag or such comp ensation as app ears 
equ itab le in respect of th e perio d during which the mortgag ee 
reta ined  possession afte r t he date on which the mortga gor became 
entitle d to be restored to possession, a nd may pass an order restor­
ing the possession of the land mortgaged  to the mortga gor, and 
such ord er shall have the effect of a decree of  a Civil Court.
Expl ana tion .—  A“ comp lete usufruc tuar y mortgage” mea ns a 
transfer by a ten ant of  the righ t of possession in any lan d for 
the purpose of securing the pay me nt of money or the return 
of grain adv anc ed or to be adv anced by way of loan, upon

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the conditio n tha t the loan, with all interest thereon, shall 
be deem ed to be extinguished by the profits arising from the 
lan d du rin g the period of the mortga ge.”
Am endm ent 8. In section 26 of the said Act for the  word and figure 
26 o f  Assam " t o 25” the word and figure “ and 24” shall be substituted. 
Act  I of
1929.
Am end ment 
of  section 
33 of  Assam 
Act I of
1929.
9. In sub-se ction (1) o f section 33 of the said Act for the 
words “An occupan cy rai yat may inst itute a suit for the 
reduction of re nt ” , the following words shall be sub stituted, 
namely t —
“ An occupancy joteda r or an occu pancy raiyat may claim 
reduction of ren t either by a suit or in a defence in a suit for 
arrear s of re nt .”
Amen dm en t 10. At the end of the proviso to section 41 o f th e said Act
°fsection the  following words shall be ad de d: —41 of Assam  °
1929. “ nor shall it exceed in the case of an  under -raiya t h olding im ­
mediately under a rai yat the ren t paid by the latte r to his landlord 
by more tha n a hundred  per cent, and  in the case of an under - 
raiy at hold ing med iately the re nt paid by his u nder-raiyat  land lord  
to the latte r’s  land lord  by more tha n twenty-five p er ce nt.”
Inserti on  of  11. After section 41 of the said Act the follo win g section  
new section  s p,a n i,e  inserted as section 41A : —
“ Lim ited  41 A. Every pers on who, for a period of twelve years,
righ t of  whe ther  wholly or pa rtly, before or after the commen cement of 
of C1un de r- t *l e G oal par a Te nancy (Am endmen t) Act, 1943, has continu- 
rai ya ts. ously held land  as an und er-raiy at, whe ther under  a lease or
otherwise, shall b e deem ed to have acq uir ed,  on the expiry of 
that per iod , a lim ited  righ t of occ upan cy in the land which he 
has so held for the said period. Th e provisions o f sub sections 
(4), (5) and (6) of  section 15 shall apply mutatis mutandis  
to the con stru ctio n of the expression “ every person ...........has
continuo usly held land  as a n un der-r aiy at. ”
Am end ment 
of sectio n 42 
of  A ssam Act b e
t I of 1929.
12. In section 42 of the said Act the following 
inserted at the com men cem ent, namely :—
words shall
“ Exc ept as p rovided  in section 42A ”
Ins ertion  of  13 . After section 42 of the said Act the following section 
new sec- s ha i] be inserted as sectio n 42A :— tro n 42A.
“ Incide nt of  42A. An under -raiya t who has acq uired a limited right of 
ten an cy  occupancy  in any  lan d under section 41A shall be subje ct to the 
un de r-3 "  s a m e  P r o v i s i o n s  w i t h  respect to righ ts in trees and the use of, 
ra iy at  succession to, and  eviction from, such land as an occu panc y 
who has rai yat. Th e provisio ns of sections 29 to 35 (both inclusive) shall, 
right^'of S° a r  a S  m a y ^ e ’ * n  ^ l e  c a s e ? u c h a n  un de r-r aiy at. ”  
occupancy.

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58 o f Assa m 
Act I of 
1929.
Deletion of 14.  Section 43 of the said Act shall be deleted, 
section  43 
of  Assam 
Act I of 
1929.
Ins ert ion  o f j g .  I n  s e c tj o n  46 o f the said Act—
a new sub- .
section to (1) the following sub-section shall be inserted as sub ­
sec tion  46 s e ctiOn (2), na mely:—
Ac t I of “ (2) Not wit hstand ing any thin g con tain ed in the foregoing 
1929. sub-se ction, if there is any arr ea r of rent due by the  ten ant, the 
recovery of which is no t hatre d by the  law for the  time  bein g in 
force as to limitation of suits for arrears of r en t, the pay men t 
may, at the option of the  landlo rd, be app lied  first to such
ar re ar ,” and
(2) the existing sub-se ction (2) shall be ren um bered  as sub­
section (3).
Am endm ent 16 . In section 56 of the said Act for the  words “ twelve and  
of section half” , the words “ six and a qu arter” shall be sub stitute d and the 
A^sam Ac t w o r<is  t ^i a t  q ua rte r” shall be del ete d.
I of 1929.
Deletio n of  17. Section 57 of the said Act shall be deleted, 
sec tion 57 
of A ssam 
Ac t I of 
1929.
Inse rtio n of 18. After clause (a) of section 58 of  the said Ac t, the follow- 
afteZdausc * n S Pr o v ‘s o shall be add ed, namely :— •
(a ) of  section “ Provided that the  land  held in bona fide bu t found on measure­
ment to be in excess of th e holding shall form pa rt of (he same 
holding ; and  the ten ant thereof shall be liable to pay ren t for 
such excess at  the rat e of ren t of the original holdi ng .”
19 . In sub-section (1) of section 59 of  the said Act the 
words “ five ^p ie s” shall be deleted and  for the word s 
“ ten times” the words “ thre e times” shall be substituted.
20. Clause (< /)  of section 69  of the said Act shall be dele­
ted.
1929.
Amen dm en t 2 1 . (1) For the existing proviso to section 70 of the said
70 ofA ss am A ct  the following proviso shall be sub stituted, na mely:—
Act  I of “ Provided that a n und er-raiyat  who has acq uired a limited 
19 29 . righ t of occu pancy in the holding  shall not be liable to b e ejected
from such holding except on the gro und —
ft ) th at he has used the land in a manner render ing it
unfit for the purp ose of the tena ncy, or
(ti) th at he has broken a condition rela ting  to the  use and
occupancy of the land  of his tena ncy and  consistent with  the 
provisions o f this Act, on breach  o f which he is, un de r the  terms 
of  a  con tract between himselfiand his land lord, liab le to be 
ejected.”
A.
Am endm ent 
of section 
59 o f Assam 
Act  I of 
1929.
Am end ment 
of  section 
69 o f Assam 
Act  I of
r

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Subst itu tio n 
o f a new 
sectio n for 
section 76 o f 
Assam A c t I 
o f 1929.
22. For  section 76 of the said Act the follow ing section shall 
be substituted, nam ely :—
“ Division of 76. (1) Save as provided elsewhere in this sectio n, a divi-
va l * i c inCui'le st S*°n  a  t e n u r e  o r  hold ing or a distrib ution of the  ren t payable 
con sented to * n  r e sPe c t  the reo f shall not be valid unless such division or dis- 
by all part ies  trib utio n has been expressly consented to in writin g by both—
"r (a) the  land lord  or the  e ntire body of landlords or their
Cou rt. 1V agents duly auth orised in th at behalf, and
(/> ) all the  recorded co-sharer tenants :
Provided tha t, if ther e is proved to have been  made in any 
lan dlo rd’s rent-roll any e ntry  showing t ha t any ten ure  or holding 
has been divided or th at the ren t paya ble in respec t thereof has 
been dis tributed , such lan dlord may be presumed to have given 
his express consent in writing to such division or dist ribu tion .
(2) Th e Civil Co urt , on applica tion made to it by a land­
lord or one or more co-sharer tena nts for a  division of a tenu re 
or hold ing or for a  dis trib utio n of the ren t payab le in respec t 
thereof, or for the annulment  or modification of  a previous 
division or dis trib utio n oth er tha n the one made und er this sub ­
section or under an agre ement made between all the landlords 
and  co-sharer ten ants in conformity with the provisions of sub ­
section (1), may by ord er in writing, dire ct such division of the 
tenu re or holding or such distribu tion  of ren t as the  Court con­
siders fair and  equ itab le or annul or modify a division or dist ribu ­
tion previously mad e oth er than the one of the na tur e referred 
to above if the  Court considers it unfair and inequitab le :
Prov ided tha t—
(a) no such o rder shall be passed withou t notice to the
land lord or the rem aini ng landlords and  to all or 
the rem aini ng co-s hare r tenants, as the case may 
be, the prescribe d process fee for which shall 
acco mpany the  app lica tion ;
(b) no order for division or dis trib utio n shall be mad e
which would result in bring ing the rent for any por ­
tion below two rupees in the case of tenu res or one 
rupee in the case of holdings ; an d
(c) nothing co ntain ed in this sub-section shall be deemed
to authorise a Co urt on an app lication  from a tenant 
lor division or dist ribu tion  to dire ct a division or 
dis trib utio n in respect of the share  of any ten ant  
other tha n an app lica nt under this sub-se ction or a 
co-sh arer ten ant who has been jo ined as a  co-appli­
can t under  sub-section (3).
(3) On  receipt of no tice of an  applica tion from a ten ant for 
division or dist ribu tion  under sub-scction (2) a co-s hare r ten ant  
may  a pply  to be join ed as a co-a pplicant, and upo n such app lica ­
tion  the Cou rt shall join the said co-sh arer ten ant as a  co-appli­
can t withou t fur the r notice to the land lord or landlords and  the 
rem aining co -sharer tena nts.

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(4) Every ord er of a Cou rt under  sub-s ection (2) dire cting 
division of a tenure or holding or a d istr ibu tion o f the  r ent there of 
shall also dire ct the  supp ly to the land lord at the  cost of appli ­
can t tenants, if any , of certified copies of the Co ur t’s  order (toge­
the r with  those of map and chitha, if  required for the elucidation 
of the Co urt’s order) and the pay men t of one rup ee as mu tation  
fee for each sepa rate tenancy crea ted by the division or each 
sep ara te accoun t ordered to be opened.
(5) Every order referred to in sub-section (4) shall state the  
date from which the division (or d istribution) shall have  effect, 
and  the jo in t and  several liab ility  of each co-s hare r ten ant for 
arrears of rent , if an y, up to that date, shall subsist in all the 
lands of the entire tenu re or holding.
(6) An appeal shall lie to the ordinary Civil App ellate 
Court from a n order of a Court und er this section, provide d tha t 
it is presented within thi rty  days from the  date of such ord er and  
is accom panied by the prescribe d fee.”
De leti on of 23. Section 77 of the said Act shall be del ete d, 
sec tion  77 o f 
Assam Ac t I 
of  1929.
Am end me nt 24. In sub-se ction (5) of section 79 of the said Act for the  
°f'Await)79 f igur e‘43 ’, the figure an d letter ‘42A’ shall be sub stit ute d.
Act I of
1929.
Am endm ent 25. In sub-section (1) of section 81 of the said Act after the 
of section 81  word “ rai yat” the words “ or under-raiy at”  shall be inserted and 
of Assain^Act t jl c following proviso shall be adde d at the  e nd, nam ely : —
“ Provided th at he shall be entitled to surrender the portion 
if any of his holding which has materially deterior ate d after 
the commenceme nt of the tena ncy due to deposit of sand or any 
oth er cause beyond his c ontrol”.
Am endm ent 26. In  sub-section (I)  of section 82 of the said Act, after the  
of Assam Ac t ®r s t  t w o  P r o v *s n s the following shall be inserted as an add ition al 
I of  1929. proviso, namely : —
“ Prov ided further tha t if an  under -raiya t has a right of 
occupancy in the holding or a portion thereof the land lord  shall, 
before enterin g on the holding under  this section, offer the whole 
holding to the  under -raiya t at  the ren t pai d by the raiy at 
and on conditio n of the under -raiya t paying off all arrears 
due from the raiy at. If  the und er-raiyat  refuses or neglects with in 
a reas onable time to accept the  offer, the  land lord  may enter on 
the holding and  let it to ano the r ten ant o r cu ltiv ate it himself.”

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Substitution 27. For section 83 o f the  said Act the following section shall
of new sec- be substituted, na me ly: — tion lor sec­
tion  83 of 
Assam Act I 
of 1929.
“ Abatemen t 83 . (1) If  the enti re land of a ten ure  or hold ing or a 
of rent on portion  of such lands are  lost by diluvion, the re nt  o f th e ten ure  
accou nt of o r  holding shall be abate d by an amount which bea rs the same 
anc T're-e n- P r ° Po r t i° n  to the ren t of the whole tena ncy, as the are a lost bears 
try into to tha t of the whole ten ancy.
lands which (2) (a) Not withstand ing a nything con tain ed in this Act or in 
re-app ear. a n y othe r law or in any con trac t to the  con trary, the  righ t, title
« ■  an d interest of th e ten ant or his successors-in-interest shall subsist
in such lands o r portion the reo f during the period of loss by 
diluvion not exceeding twenty years or till thr ee years afte r their 
reappear anc e, whic hever period is less. Th e ten ant or his succes­
sors-in-interest shall claim  imm edia te possession of  the lands or 
portions thereof  by serving on the land lord  a notice in the pres­
cribed form and  ma nner within two years of th e rea ppearan ce of 
such land s. Th e land lord  shall have a right to the  arrears of r ent 
withou t interest in respect of th e land which has rea ppe ared for 
the period during whic h it was lost or for three years, whichever 
is less.
(6) Th e ren t of the lands  which have rea ppear ed shall, for 
the purposes of the pay me nt both of the arrears of ren t under 
this suD-section and of the ren t due  the rea fter (until such , 
ren t is modified in accordance with the provisions of this 
Ac t), be calc ulated on the basis of the  r ent of the  rem aind er of 
the tena ncy existing w hen possession of the lost lan d is resum ed, 
and shall bea r the  pro portio n to tha t ren t which the  area of the 
lands which have  rea ppe ared bears to that of the  rem ainder  of 
the tena ncy :
Provided that in cases where the entire tenure  or hold ing has 
been lost by dilu vion, the ren t of the portion  the reo f which re­
app ear s shall be calcu lated in like m ann er on the basis of the rent 
existing when the  ent ire tena ncy was lost.
(3) Not hing shall preven t the  accr ual of righ ts under  the 
ope rati on of any oth er ena ctm ent in any portion of  the lands of 
a tenu re or holding which have been lost by diluvion , if such
e land s thereaf ter rea pp ear as an accretion thereto .”
Amend­
ment 
of section 
84 of 
Assam Act 
I of  1929.
28. Sub-section  (2) of  section 84 o f the said Act shall be 
re-n umbere d as clause (a)  of  sub-se ction (2) an d the following 
clause shall be add ed as clause ( Z > )  :—
“ (6) Not withstand ing any thin g con tain ed in the preceding 
clause, an occupancy ten an t shall, subject to the  provisions of 
section 27 have full dominion  over such Sal or Sisu trees 
as were planted in the land during  the pendency of  the 
tenanc y. Where land has been held by the ten ant con ti­
nuously for twen ty years all trees stan ding thereon shall be pre ­
sumed to have been pla nte d during (he pendency of the tenan cy. 
Th e provisions of sub-sections (4), (5) and  (6) o f section 15 shall 
apply mutatis mutandis to the construction of the expression ‘held 
by the  t enan t continuo usly’  ”

10
Insertion  of 
new sec­
tions.
29. At the end of Ch apter IX  of the  said Act the  following 
sections shall be inse rted , name ly: —
“ Suspension 
ol provi­
sions r ela t­
ing to en­
hancement 
of ren t.
Power to 
autho rise 
special set­
tleme nt in 
exceptional 
circumstan­
ces.
95A. (1) All the provisions of Ch apters II I,  IV , V and VI 
of this Act relating to enh ancement of ren t are hereby  suspen ded 
for a period of ten years from the date of the commenceme nt of 
the Go alp ara  T ena ncy  (Amendm ent) Act, 1943.
(2) Any provision for enhancement of ren t contained 
in any con tract entered into between a landlord an d a ten ant  
during the period of ten years referred to in sub-se ction (1) 
is h ereb y decla red to be inoperativ e dur ing  the said perio d.
(3) Notwithst anding a nything contained in this Act or in 
any other law, the perio d during  which a decr ee, ord er or con­
tra ct is rendered inopera tive under  this section shall not be taken 
into account in com puting any period under  the law of limita tion 
nor in cons truing the ter ms  o f a con tract.
95B. (1) Th e Provincial Governm ent shall, on being satisfied 
tha t the  exercise of th e powers here inaf ter me ntio ned  is necessary 
in the  interests of public ord er or of the local welfa re, invest a 
Revenue  Officer with the  following powers or either of them , 
na m el y:—
(а) powe r to settle rents  ;
(б) power when settling rents  to reduce rents if, in the
opinion of the officer, the ma inte nan ce of existing 
rents would on any ground, wh ether specified in 
this Act or not, be unfair or inequitable.
(2) The powers given under this section shall be made 
exercisable within a specified are a either gene rally  or with 
reference to specified classes of  cases.
(3) Th e Revenue Officer shall in the exercise of his power 
proceed in the  prescribed manner.
(4) Th e ord er of the  Revenue  Officer shall be appeala ble 
before the Revenue Tri bunal or such other aut hority  as m ay be 
prescribe d by the Provincial Gov ernm ent.”
30. In sub-clause (to) of clause  ( Z > )  of sub-section (1) of 
section 98 o f the  said Act, for the figure ‘43’  the figure and lett er 
‘42A’  shall be substituted.
31. Section 140 o f th e said Act shall be deleted .
*
Amendment 
of section 98  
of Assam Act 
I of 1929.
Deletion of
section 14 0
of Assam
Act I of
1929.
Deletion of
section 14 1
of Assam
Act I of
1929.
Deletion of
sections 142
and 14 3 of
Assam Act
I of 1929 .
«
I
32. Section 14 1 of  the said Act shall be dele ted.
33. Sections 142  and 143  of the said Act shall be del eted.
34. In section 147 of the said Act, the words and  figureAmendment
1 4 7  s e c t, 0”f  « <o r  damages under section 57” shall be deleted. 
Assam  Act 
I of 1929.

11
Am endm ent 35. In section 148  of the said Act the “ semi-colon”  afte- the 
?48 of As sa m w o r<^  “ju dg men t” occu rring  for the second time  shall be substi- 
Ac t I of  tuted by a “ fullstop” and  the rem ainder  o f the section shall be 
1929. deleted.
of”6 secti on  36. In sub-section (r) of section 152 of the  said Act, the 
152  of words and  figure “ or dam ages  awa rded  in lieu of interest under 
Assam Act  section 57” shall be dele ted.
I of  1929.
Am endm ent 37. I n  clause (a) o f sub-section (1) of section 162 of the said
^ 2CCtiOI of Act for the words “ twelve and a ha lf” the words “ nine and 
Assam Act I three -eighths” shall be sub stituted.
of 1929.
*
4
Cha pt er X II  38. Ch apter  X II  of the said Act shall be rep eal ed,  
of  Assam 
Ac t 1 of 
1929.
Am endm ent 
of  section 
171  of 
Assam  Act 
I of  1929.
39. In  clause (i) of  sub-section (2) of section 17 1 o f the said 
Act after the word “ raiyat” , the words “or un de r-r aiy at” shall be 
inserted.
Am end ment 48. ac tio n 177 of the said Act, for the “ colon” afte r the 
of sect ion words “ and the like” a “ fullstop” shall be sub stituted, and  the 
177  of Proviso shall be deleted.
Assair Act
I of 1929.
Am endm ent 
of section 
182  of 
Assam Act 
I of  1929.
41. For clause (« ) of section 182 of the  said Act the following 
clause shall be substituted, namely :—
“ (« ) Any ena ctm ent r elating  to Palni tenures in so far as it 
relates to those tenures except tha t—
(i) the provisions o f section 56 an d of clause (g) ol 
sub-section (1) of section 171 shall apply to all 
Patni tenu res and (i t)  the expression “khudkast 
raiyat or resident and  her editary cul tivato r” Be ng al R e­
in sub-section (3) of section 11  of the Bengal gulation  
t  , Patn i Tal uks Regulatio ns, 1819, shall be deem ed V I i r  of
\ ' to include all raiy ats having a rig ht of occupancy, 181 9'
or ”.
A.G.P. (L. C.) No.58-501-1-450 -14.7 -1943.
 

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