LexThe Goalpara Tenancy (Amendment) Act, 1970
Assam · state statute
Open in Lexace · Ask the AI about this act8 ASSAM ACT IV OF 1971 TH E GO ALPARA TEN ANC Y (AM ENDM ENT) ACT, 1970 (R eceiv ed the as se nt o f th e Go vernor on th e 19th January, 1971) [Published in the Assam Gazette Extrao rdin ary ,? dated the 25th Ja nu ar y, 1971] An Act furthe r to amend the Goalpara Tena ncy Ac t, 1929 b Pre am ble . Whereas it is expe dient furthe r to amend the 4 SSp ’ ?Q9pC Goalp ara Tena ncy Act, 1929, her einafte r' called the ° ’ princi pal A ct, in the ma nn er her ein after app earing ; It is hereby ena cted in the Twenty -first Year of the Re pub lic of India as follows : — Short title, 1. (1 ) This Act may be called the Goa lpara exten t and Ten anc y (Amendm ent) Act, 1970.commence- 1 v ment. (2) It shall have the like extent as the pri ncipa l Act. (3) It shall come into force at once. . . ' * Amendment 2. In section 4 o f the princi pal A ct,—of section 4 of Assam Act 1 o f 1929. (1) In clause (17),— (a) afte r the word “ te na nt ” the punctuation - shall be deleted an d the following shall be add ed, nam ely: — 4 “ and shall inclu de the s hare of crop deliv erable by a ten ant (b) For the second pa rag rap h, the following shall be substituted, name ly: — “ Prov ided th at where Gov ernm ent is a land lord , re nt shall be paid in cash and not in kind ;” 9 (c) After the second pa rag raph as so sub stituted following shall be added as the thi rd pa ragrap h, nam ely: — “ Share of crop shall mean the sha re of the princ ipa l crop grow n in each agr icultur al year and will be determ ined by mu tua l agreem ent between the land lor d and t he ten ant, subject to the maxim um of one- fifth of th e produce of prin cipal crop grown in each agricultura l year, but shall not exceed fair rent : Provided th at lan dlo rd’s share shall not exceed fair rent.” (2) in clause (20),— (a) the punctua tion “ ,” occu rring between the words “person” and “ bu t” shall be deleted * an d the following shall be inserted followed by the punctua tio n namely :— “ and includes a person who, un de r the system gen erally known as “ adh i (whethe r Guchi adh i or gutiadhi) ‘barg a’, ‘bhag’, ‘chukti’ or ‘chuk ani ’, cu ltiva tes the l and of a no the r person on con diti on of deliv ering a share or qu an tity of the produce of such lan d to that per son .” (b) the following proviso shall be add ed, na me ly:— “ Provide d th at the labourers employed for pers onal cultivation shall not be dee med to be tena nt within the me aning of th is clause.” (c) the e xplanatio n (2) shall be dele ted. (3) After clause (21) the following shall be inserted as clauses (22), (23), (24) and (25), nam ely:— “ (22) ‘Prin cip al cro p’ shall be only one cro p for eac h agricultura l year as may be agreed upon mu tually betw een the lan dlord and the te n an t: a Provided tha t w here there is no agreement, the principal crop shall be only one agr icu ltural crop grown in each agricu ltural y ear in the local area speci fied as foll ows:— In the dis tric t of Go alp ara —Saii or such local nam e generally used in resp ect of pad dy known as win ter paddy, the harvestin g of which is done in the months ol Dec emb er, January and Feb ruary corresp onding to Pausa, Mag ha and Phalg una . 10 (23) ‘Money ren t’ in relation to ren t pay able in crop s hare for purpose of deposit int o court and or calculatio n of arr ea r ren t is the money valu e of the cro p deliverable by a ten an t to a lan dlord and such mon ey va’ue shall be comp uted on the basis of the mar ket value of th at crop prevailin g at the time of harvestin g in the locality conce rned. (24) ‘Personal cul tivatio n’ means cultivation by the perso n himself, or by mem ber of his family or by his hire d labo urers on fixed rem un era tio n pay able in cash or kind bu t not in cro p share, under pers onal supervisions of the person him self or any member of his family, provided it is accom panied by the bearing of risks of cultivation by the own er and by residence in the villag e in which the land is sit uate d or nearby village w ithin a distance of 5 miles during the greater pa rt of the agricultura l season : Provided tha t in the case of a person who is a widow or minor, or is subject to any physical or men tal disability or is a mem ber of the Defence Forces of the In dian Union or is a st udent below the age of 2 1 years of an edu cational Ins titu tion recognised by the Sta te Gov ernmen t, the land shall be deem ed under personal cultiv ation even in the absence of such perso nal supervision. ;25' ‘Fair ren t in rela tion to en t pay able in crop shar e’ means the rat e of re nt not exceeding one-fifth of the produc e of the prin cipa l crop gro wn in each agr icultur al ye ar : Provided that where the crop fails due to natur al calam ities and the payment of crop share is not possible due to circumstances beyond the control of the ten ant , a sum equa l to double the annual land revenue or rent paya ble by his immediate land-lord for such holding shall be fair re nt .” Am endm ent 3. In section 6 o f the prin cipal Act, in clause (4) of secti on the pun ctuatio n “ , ” occurring between the. words -S 6 ° r ^ sa n) “r aiy at” and “b ut” shall be deleted and the following C t1 929 shall be inserted followed by the pun ctu ation “ , ” . “ and includes a person who, under the system gene rally known as ‘adhi ’ (whether gtichiadhi or Gu tiadhi), ‘barg a’, ‘bhag’, ‘chukti’ or ‘chu kan i’, culti vates the land or ano ther person on condition of deliv er ing a share or q uanti ty of the produce of such land to th at person.” _____ inse rti on of 4. After seclion 182 of the principa l Act, the and^islf o ^ o w *n g n e w s e c t i° n s shall be inserte d, na mely:— in Assam Act I of 1929. “ 183. (1) The Assam Adhiars P rotection and Re gula tion Act, 1948, so far as it applies to the areas in which the principal Act (The Go alpara Tenan cy Act, 1929) is applica ble , is hereby repe aled. (2) On such repeal, all the provisions of this Act shall be applica ble to the Adhiars within the mea ning of the Assam Adhiars Protection and Regula tion Act, 1948 here by repe aled and such Adhiars will acq uire the status of an und er-raiyat with or withou t a limited right of occu pancy as th e case may be, und er (his Act, 184. On t he repeal of th e Assam Adhiars Prote ction an d Reg ulation Act, 1948. (1) Th e Adhi Conciliation Board shall be deem ed to have been aboli hed and all the members the reo f and the officers working therein shall be deemed to hav e relin quished their posts as mem bers of officers, as the case may be, of the Board. (2) Ail the p roceedings pen ding before t he Adhi Conc iliation Board shall s tand transfei red to the Civil Co urt competent to entertain and dispose of the m atter as if the proce edings w ere ren t suits between the par ties and the Co urt shall proce ed to dispose of the same as rent suit.” ASSAM AC T V OF 19 71 (R eceiv ed the as se nt o f t he Go ver nor on th e 3rd February 1971) THE SYLHET TENAN CY (AM ENDM ENT) ACT 1970 [P u b li ih e d in th e As sam Ga zette E x tr a o rd in a ry , d a te d th e 9 th F e b ru a ry 1971 ] A n Act fu rt he r to amend the S ylh et Ten ancy Act , 19 36 . Preamble. Whereas it is expedient furthe r to amend the Sylhe t Asirtn ac» Tenancy Act, 1936, her ein after called the prin cipal X I of 183 6, Act, in t he ma nn er her einafte r appearing ;