The Assam (Temporarily Settled Areas) Tenancy (Amendment) Act, 1953

ASSAM AC T XXVII OF 1953 TH E ASSAM (TEM PO RA RY -SE TT LE D DI ST ­ RICT S) TENA NC Y (AME ND ME NT) AC T, 1953 (Passed by the Assembly) (R ec ei ved th e ass en t o f th e P re si den 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 mpora rily -Se ttle d Distr icts' ) Ten ancy Act , 19 35 Prtam ble . Whereas i t is expedie nt to amend fur the r the Assam Act H i Assam (Temporari ly-Settled Distric ts) 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 ancy (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 lection 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 section (1) afte r the words “ the New Lease Rules” , the words “ though now assessed with full rev enue”, shall be inserted . (2) In clause (a) of sub-section (2) the bracke t and the words “ exclu ding the Mikir Hills Trac ts, as notified from time to time ” shall be deleted . (3) In sub-section (3) the word “ o the r ” shall be inserted afte r the word “ any ” appearing for the second tim e in the second line and the words “ or to any temporarily-settl ed are a in the excluded por tions of th e distric ts men tioned in sub-section (2) above” shall be dele ted. (4) In the proviso (i) to sub-sec tion (3)— (a) the num ber (t) before the proviso shall be dele ted ; (Z>) a “ full stop ” shall be pu t afte r the word “ ma nner ” occurring in the las t line , and the word “ an d ” occurring the rea fter shall be dele ted . (5) In the proviso to sub-section (3), item («) shall be d eleted . [ Pr ice ann as 2 or 2d .] 2 Amen dmen t 3. For sub-sect ion (17) of sec tion 3 of the princ i- Aiwm AcHII Act, the following shall be substituted, namely— o f 1935. “ (17) ‘Maximum ren t or rat e of re nt ’ of agr icul­ tural hold ings o r pa rt thereof, held on cash rent m eans a sum repr esen ting three times th e revenue rate. Where agr icu ltur al holdings or pa rt the reo f are held on produce ren t, “ max imum rent” means one-four th of the act ual produce the reo 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 Ac t” shall be subs tituted by the figure “ 12” and the words “ the Assam (Te mpo rary -Settled Districts) Ten ancy (Amendm ent) Act, 1953” respec­ tively. 5. For section 11 of the' princi pal following shall be substituted, namely— Act, the ’Right of 11. A p rivileged raiyat shall have an unrestricted transfer. right of transfer in respect of h is holding , bu t no transfer shall be bin ding on the landlo rd un til a wr itten notice the reo f has been given to the landlo rd : Prov ided th at the right of a privileged raiyat hold ing under a religious inst itut ion such as a tem ple, Sa tra or mosque shall be rest ricte d to transf er to per ­ sons belo nging to the same relig ion 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 princ ipa l Act— (1) clause (a) of sub-section (1) shall be deleted . (2) In c lause (Z>) of sub-section (1) the words “ in all oth er cases” sha ll be deleted. (3) In sub-section (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 mpora ry-Settled Distr icts) 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— “Illustration.—-Whe n a person holds lan d as a rai ya t, say, for seven years, then under the system mentioned in this sub-clause for four years, and there­ afte r aga in for a further term as a rai ya t, occupanc y right shall not ac crue unless such fur the r term extends to a per iod of not less than five years.” 3 Subst itution 7. For sections 19 and 20 of the prin cipal Act, the andeCt2o"S of9 ^ °^o w *n g shall be sub stituted, namely— Assam Act II I of 1935. “ Right of 19. An occupanc y raiyat shall have unrest ric ted transfer. right of transfer in respect of his hold ing but no trans fer shal l be bin ding on the landlo rd un til a writte n notice the reo f has been given to the land lo rd : Provided th at the right of an occupancy raiyat holdin g under a religious ins titu tion such as temple, Sa tra or mosque shall be restr icted to tran sfer to persons belonging to the same religion as the ins titu tion in which the ownership of t he lan d is vested. Ri ght of sub- 20 . An occupanc y rai ya t shall hav e rig ht of let ting. suble ttin g his hold ing or any pa rt of it to persons to whom he could validly tran fer it under section 19 .” Amendmen t 8 . In clause (6) of section 22 of the principal of section 2 2 Act, for the words “ four annas” the words “ three of Assam Act annas” shall be substitu ted. I l l of 1935. Substitution of section 30 of Assam Ac t II I of 1935. 9. For section 30 of the princi pal Act, the following shall be substituted, namely :— A i 1. it Amendment of section 33 of Assam Act II I of 1935. Amen dmen t of section 35 of Assam Act II I of 1935. Amendment of sect ion 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 privi leged rai ya t or of an occupanc y raiyat and who are in this Act refe rred to as non-occupancy rai ya ts” . 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 (Temporary-Set tled Distric ts) Ten anc y (Amendm ent) Ac t, 1953” and “five yea rs” shall respective ly be subs tituted. 11. In section 35 of the prin cipal Ac t, for the words “ three years” the words “ two years” shal l be subst itu ted . 12. In section 38 of the prin cipal Act, the “ full stop” a t 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 landlo rd to the la tter ’s landlo rd 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 words ‘the Assam (Te mpo rary -Settled Districts) Ten anc y (Amendm ent) Act, 1953 and ‘five year s’ shall respectively be substituted. (i t) the words “ under a privileged ra iy at ” shall be omi tted . 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 privi leged ra iy at ” shall I 1 15. In the proviso to section 63 of the Ac t, the words “ of a privi leged ra iy at ’s rig ht s” deleted. principa l shall be Amendment 16. In section 109 of th e prin cipal Act •— of section 109 n i^ o f m ^ 1 (1) in sub-section (1) the words “ if the ten an t be a privi leged raiyat or an occupancy rai ya t” shall be deleted . (2) for the prov iso to sub-section (1) the following shall be substituted, namely :•— “ Prov ided th at in the case of a hold ing in an estat e per tainin g to a religious ins titut ion , if the highes t bid be that 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 writ ing to the Court within 30 days of the sale, of purchasing the holding at the highest bid.” (3) for sub-section (2) the following shall be subst i­ tu ted, namely “ (2) Notwithstand ing any thin g con tain ed in sub ­ section (1) above, the Court ma y, on the app lica tion of the lan dlo rd, proceed to execute the decree against the person or any other pro perty of the defau lte r.” I Amendment of section 114 of Assam Act I I I of 1935. 17. (1) After sub-section (1) of pr inc ipa l Act, the following shall be section (2), namely :— section 114 of the inser ted as sub- “ (2) Notwithstanding any thing con tain ed in sub­ rule (2) of Ru le 66 of Order X X I in Sche dule I to the said Code i t shal l not be necessary for the Court to draw- up the sale pro clama tion afte r notice to the jud gm ent- de btor in the case of land s ordered to be sold for ar rears of r en t due in respect the reo f.” 5 I ! (2) Ex isting sub-sections (2) and (3) shall be renum ­ bered as sub-sections (3) and (4) respectively and at the end of c lause (b) of sub-section (3), so r enum bered the ‘full- stop’ shal l be substituted by a ‘comma ’ and the word “ an d” and the following shall b e inserted as clause (c) namely :— “ (c) by sending in the prescr ibed form by registe red post to the jud gm ent-debtor a concise sta tem ent of the order of att achm en t and pro clama tion at the time of issue of the o rder of at tac hm en t and pro cla ma tion.” Am endm ent 18. In sub-sec tion (3) of section 121 of the prin cipal of secti on 121 Act , for the words ‘six mo nth s’ the words ‘ninety days’ I I I oF ilV s C t be substituted. Ame ndme nt 19. In sub-section (1) of section 123 of the prin cipal of s ect ion 123 A c t, of Assam A ct , II I of 1935. (1) for clause (c?) the following shall be substitu ted namely :— “ (</) shall increase the ra te of inte rest payable 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 “ one-f ou rth ” shall be subs titut ed. A G .P . (l eg .) No.24/54—1125—22-6-1954. 1