The Assam (Temporary Settled Areas) Tenancy Act, 1971

122 ASSAM ACT X X II I OF 1971 (R ec eive d th e ass en t o f the P re si den t on th e 3rd D ec em ber , 1971) e TH E ASSAM (TEM PO RA RI LY SE TT LE D ARE AS) TENA NC Y AC T 1971 * [P ubli sh ed in th e A ss am G az et te , E xt ra or di nar y, dat ed th e 10t h D ec em ber , 1971] An Ac t to re gula te th e re la ti ons o f la ndlo rd an d te nant in th e te m ­ pora ri ly s et tl ed are as o f A ss am . Preamb le Whereas it is expedie nt to regu to the rights and liabi litie s of agr icu ltur al tenants and their landlo rds in temporarily settled lands in the Sta te of Assam ; I t is hereby enacted in the Twenty-se cond Year of the Republic of India as follows: — CH AP TE R I P re li m in a ry Short title , 1. fl ) This Act may be calle d the Assam (Tem- exten t and por arily Settl ed Areas) Tenancy Act, 1971. commence- m c u t ' (2) It shall come into force at once. 13) It extends to,— (a) the districts of Ka mrup, Nowgong, Da rra ng , Sibsagar and La khimpur ; (b) Silchar and Ha ilakandi Subdivisions of the dist rict of Cacha r ; and (c) tem porarily settled areas of Gossain- gaon , Sidli and Bijni Circles of Ko kra jha r Subdivision in the dis­ trict of Goalp ara and the tem pora­ rily settled areas of Ka rim ganj Sub ­ division. (4) Th e Sta te Government may , by not ifica­ tion , extend the whole or any pa rt of the Act to any othe r areas of the Sta te : Prov ided th at no such noti ficat ion sha ll be issued unless a notice of the intended extens ion is previously published in the area concerned and any objection received is disposed of afte r due conside ra­ tion . 123 * x Exception 2. Th e Act does not app ly to :— fa) land included in any Reserved Fo rest; (b) land owned by the Union or the Sta te Government or by Loca l au tho rity which is used for any public purposes ; (c) land reserved lo r tne purpose of profes­ sional graz ing reserves, village graz ing eserves, rec rea tion grou nds, bu ria l or cremat ion gro und, roa d, can al, dra in, emb ank ment or thei r ma inte nan ce or for any other publ ic purposes ; (d) land which is non-a gri cul tural and situa­ ted outside town-land area ; (e) land comprised with in estates settled for specia l cult ivat ion when, and only so long as, such lan ds are used for purposes of specia l cult ivat ion or for purposes anc illa ry the ret o. Explanation. — (I) This sub-clause includes lands settl ed for the cult ivat ion of tea under the rules in force from time to time such as fee. simple grants , revenue redeemed gran ts, 30 years’ grants under the New Lease Rules though now assessed with full revenue and lease for special cult ivat ion under settl e­ ment rules fram ed from time to time under the Assam Land and Revenue Regulation , 1886. (II ) Purposes ancil lary for specia l cul tiva tion sh ill mean the following: (i) land used for factory buildings ; (ii) land used for staff buildings including labour lines ; 'Hi) land used for roads , bridges and drains with in the tea estates ; (iv) land used for nurseries includin g shade trees ; (v) land used for hospita ls, dispensaries , creche, recrea tion club and play ground ; (vi) land used for any other buildings made by manag ement under any other law in force ; I of 1336 (vii) lan d used for seed 5‘ba ri” ; 123 Exception o. Th e Act does no t app ly to :— fa) land included in any Reserved Fo rest; (b) land owned by the Union or the Sta te Government or by Loca l au tho rity which is used for any public purposes ; (c) land reserved lo r the purpose of profes­ sional graz ing reserves, village graz ing eserves, rec rea tion grou nds, bu ria l or cremat ion gro und, roa d, can al, dra in, emb ank ment or thei r maintena nce or for any other publ ic purposes ; (d) land which is non-agr icu ltural and situa­ ted outside tow n-la nd area ; (e) land comprised with in estates settled for specia l cult ivat ion when, and only so » long as, such lan ds are used for purposes of specia l cult ivat ion or for purposes anc illa ry the ret o. Explanation.— (I) This sub-clause includes lands settl ed for the cult ivat ion of tea under the rules in force from time to time such as fee. simple grants , revenue redeemed gran ts, 30 years’ grants under the New Lease Rules though now assessed with full revenue and lease for special cult ivat ion under settl e­ ment rules framed from time to time under the Assam La nd and Revenue Regulation , 1886. ('ll) Purposes ancil lary for specia l Ciiltivation shall mean the following: (i) land used for factory buildings ; fii) land used for staff buildings including labour lines ; ;iii) land used for roads , bridges an d drains M with in the tea estates ; (iv) land used for nurseries includin g shade trees ; (v) land used for hospita ls, dispensaries , creche, recrea tion club and play g round ; (vi) land used for any other buildings made by manag ement under any other law in force ; I of 1336 (tii ) lan d used for seed S'bari” ; 125 (7) “ landlo rd” means a person imm edia tely under whom a ten an t holds bu t does not include any Gov ernment ; (8) “m oney ren t” in relation to ren t payab le in crop -sha re for the purp ose of depos it into court and for calcula tion of arr ea r rent in respect of rent pay­ able in crop -sha re is the money valu e of the c rop deliverab le by a t en an t to his landlo rd and such money value shall be computed on the basis of the marke t valu e o f tha t crop prev ailing at t he time of harvestin g in the locality con cern ed;” (9) “not ificatio n” means a notification published in the Official Gazett e ; (10; “ personal cul tiva tion ” means cult ivat ion by the person himsel f, or by mem ber of his fami ly or by hired labo urers on fixed remunera tion payab le in cash or kind bu t not in crop share, under personal supervisions of the person himself or any member of his family, provided it is acco mpanied by the bearing of risks of cult ivat ion by the owner and by residence in the village in which the lan d is situ ated or nea rby village or town within a distance of 5 miles dur ing the greate r pa rt of the agr icu ltur al sea son : Provided th at in the case of a person who is a widow or a minor, or is subject to any phys ical or me nta l disability or is a mem ber of the Defence forces of the India n Un ion or is a studen t below the age of 21 years of an educationa l inst itut ion recognised by the Sta te Governm ent, the lan d shall be deemed under persona l cult ivat ion even in the absence of such personal supervis ion ; (11) “ prescr ibed” means prescribed by rules framed under the Act ; (12) “ princi pal crop” shall mea n only one c rop for each agr icu ltur al year as may be agreed upon mutua lly between the landlo rd and the t en an t: Prov ided th at where there is no agreem ent , the p rin ­ cipal crop shall be only o ne agr icu ltural crop grown in each agricultura l yea r viz. , »ali or such loca l nam e general ly used in respect of paddy known as win ter pad y and the harvestin g of which is done in the months of December, J an ua ry and Febru ary , corres­ ponding to Agrahayana,. Pausa a nd Magha 5 126 (13) “ rent ” means wha teve r is lawfully pay able or deliverable by the ten an t to the landlo rd in cash or in kind or partly in cash and pa rtly in kind whe ther as a fixed quantity of pro duce or as a share of the produc e, on accoun t of use or occu pation of the la nd or on acc ount of any righ t in the lan d held by the tena nt ; (14) “Revenue Officer” means any officer, with th at designat ion app oin ted by the Sta te Governm ent for the purposes of this Act ; fl5 ) ‘ ‘Revenue Co urt” means the Court of the Deputy Commissioner, Set tlem ent Office r or, of such other officer as the Sta te Gov ernment may invest with the powers of Revenue Court for the purposes of this Act ; (16) “ Revenue Rate” means in respect of every parcel of lan d in an estat e settled tem porarily at full rate s, the ra te at which revenue is for the yea r actually p aya ble to Governm ent upon that parcel of land ; (17) “ tenan t” means a person who cultivates or holds the land of ano the r person, and is, or bu t for a specia l con tract (express or implied) would be, liable to pay rent for th at land to that other person, and includes a person who under system generally known as ‘Adhi’ (whethe r Guc hiadhi or Gu ti-a dhi), ‘barg a’, ‘chukti ’, ‘bhag’ or ‘chukani ’ cult ivates the land of anoth er person on condition of delivering a share or quantity of the produce of such lan d to th at pe rso n: Provide d that a person who cultivates or holds lan d immedia tely under the Sta te Governmen t is not a ten an t within the mea ning of this definition. Explanation.—A person who holds lan d on con- t dition of service to a temp le or religious inst itut ion shal l be deem ed to be the ten an t of the manag er of such temple or religious inst itut ion ; (18) “ town land s” means any land with in an Assam Act area dec lared or deem ed to be a Mu nic ipa lity or X V o f 1957, notified area under th e Assam Municipa l Act, 1956, 127 (19) The following words shall have the same meaning as is assigned to them in the Assam La nd i o f 1386. and Reven ue Regulatio n, 1886, or the Rules framed th er eu nd er :— Classes of Tenants. Acquisition of occupancy rights. “ estates” , “ temporarily -set tled-estate” , “ land- revenu e” , “ pro pri eto r” , “ lan d holder ” , “ sett lem ent-ho lder” , “ periodic lease” , “spe­ cial cul tiva tion ” , “ ord ina ry cul tivatio n” . CH AP TE R II C la ss es o f T en an ts 4. fl ) Th ere shall be, for the purpose of this Act, only the following classes of tenant s, nam ely ,— (i) Occupancy tena nt , that is to say, a ten an t hold ing immedia tely under a pro prieto r, land-holder or sett lem ent -ho laer othe r than land -ho lder, an d hav ing a rig ht of occupancy in the lands held by him, (ii) non-occupancy ten an t, that is to say, a ten an t holding imm edia tely under a pro pri eto r, land-h old er or set tlem ent ­ holder other tha n land -holder bu t not hav ing a rig ht of occupancy in the land held by him, and (2) Fro m the da te of commen cem ent of this Act, any person who was reco rded in the record-of- rights as a privileged ten an t undei the provisions of A s ja m A c t the Assam (Temporar ily Settled Districts) Ten ancy m o f 1935. Act , 1935 shall henc eforward be recorded as an Occ upa ncy Te na nt : Provided th at he shall, subje ct to the provisions of section 28 of this Act, con tinue to pay the ren t at the same ra te as before the commencement of this Act. (3) From the da te of commencement of this Act, the re shall be no new under-t enant. CH AP TE R II I O cc upan cy Ten an t 5. (1) A person who for a per iod of no t less than 3 years has continuously held lan d as a ten ant shall hav e a right of occupancy in that land. 128 (2) Th e period of 3 years may be wholly or par tly before or after the com men cement of this Act. (3) A person shall be deemed, for the purposes of this section to have continuously held lan d under a landlo rd notwithstanding th at the pa rti cu lar lan d­ lord unde r whom he held the lan d was differen t at diff eren t times, provide d the lan d held by him was the same. (4) A person shal l be deemed , for the purposes of this section , to hav e held as a ten an t any lan d held as a ten an t by a person whose hei r he is. (5) If a ten an t recovers possession of his holding under any law in force , any per iod during which he might hav e been out of possession, shall cou nt t owards the period specified in sub-section (1). Incidence of 6. An occupancy tenant shal l hav e perma- occ upancy nent, herita ble and tran sferable rig ht of use and righ t. occupan cy in the lan d of his holding, subject to the oth er provisions of thi s Act. devolution 7. If a ten an t dies inte sta te in respect of on dea th. a ri gh t of occupanc y, it shall, subject to any custom, descend in the same ma nner as oth er immo vable proper ty. Rig ht of 8. An occupancy ten an t shall have a rig ht of trans fer, transfer in respect of his hold ing with prior permission of the Government in the ma nner prescribed. A notice of such transfer shall be served on the landlo rd in the ma nner prescri bed: Provide d that an occup ancy tena nt shall not trans fer his land to a non-agricul tur ist. Prohibi tion 9- From tne da te of commencement of this Act, of sub- an occupancy ten ant shall hav e no right to sub-let lett ing . his land. Righ t of use 10. An occupancy ten an t may use the lan d of of land , his tena ncy in any m anner which does no t m ater ially impair the value of the land or ren der it unf it for the purpose of tenancy.......... ' ■ • * “ ' •) Rig ht in 11 • An occupancy t enan t shall be entitl ed , i f there trees. is no under-tena nt under him ,— (i) to pla nt, (ii) to enjoy the flowers, fruits and other product s of, (iii) to fell, and (iv) to utilise and dispose of the tim ber of any tree on such land : Pro vided th at in doin g so he does no t contraven e the provisions of any law : 129 Prov ided further that he shal l not be ent itle d withou t lan dlo rd’s consent, to fell, utilise or dispose of the tim ber of any tree which stood on the holding before the creation of the tenancy. When the tenancy is over 20 years old, all trees standing on the lan d shall be presumed, un til the con trary is prov ed, to have been pla nted or to have begun to grow during the tena ncy . Qbl i<ati«n 12. Any occupancy ten ant shal l pay rent for his to p y fair hold ing at fair an d equ itable ra te , subje ct to the max imum rate o f ren t laid down under the provisions of section 28 of th is Act : Provide d that if the ten an t has been holding his land for a continuous p eriod of no t less th an 10 years (i) at a ra te o f rent never exceeding the reve nue rate or (ii j at less than the revenue-ra te in addit ion to service to be rendered by hi m then the ren t at the revenu e-rate shall be deem ed to be th e fair and equi­ table rent, Restric tion 13. Re nt of an occupan cy tenant shal l not be ^mentTf^ e r |h a n c e d except as provide d for in Ch ap ter VII rent. of this Act. Protect ion 14. An occupanc y ten an t shall no t be liab le from eject - to e jectmen t from his hold ing except as p rov ided for ment . in Ch ap ter IX of this Act. CH AP TE R IV N on -O cc up an cy Ten an t Incidence o f 15. (a) A non-occ upancy ten an t shal l have rig ht the tenancy. o f p o s s e s s io n till he is lawfully ejected and subject to the oth er provisions of the Act or any custom the tenanc y shal l descend in the same man ­ ner as other imm ovab le proper ty. (b) A non-occupancy hold ing shall not be tran sferable except for the purpose of mortgage for the purpose of agriculture only in favour of the Sta te Government , the Un ion Government , a Co-o pera tive Society or an author ised ban k to secure loan adv anced by such Government , Society , or Bank and in the event of any defaul t in the repaym ent of such loan, it shal l be lawful for the Governm ent, the Society or the bank as the case may be, to cause the ten an t’s interest in the lan d to be att ach ed an d sold under the authority provided for in Section 49 of this Act and to app ly the proceeds in pay ment of such loan. 130 Prohibition of eub-le tting. Obl igat ion to pay fair rent. 16. From the da te of commencement ot th is Act, a non-occ upancy tena nt shall have no rig ht to sub ­ let his land. 17. A non -occ upancy ten an t shall pay ren t for his holding at fair and equ itable rat e, subject to the maxim um rate of rent laid down unde r pro­ visions of Section 28 of this Act. Restr ictions on enhance­ ment of rent. Protection agains t ejectment. Prohibition against creating new under­ tenant fenancy. Acq uisit ion of ownership rights aad interm ediary rights by tenants. 18. Re nt of a non -occupancy tena nt sha ll no t be enhance d except as provide d for in Cha pter VIT of this Act. 19. A non -occ upancy ten ant shal l no t be ejec ted except as prov ided for in Ch ap ter IX of this Act. CH AP TE R V Un de r- Tenant 20. On and from the da te of com mencement of this Act, the re shall be no new un de r-t en an t hold ing lan d under an occupanc y ten an t or a non-occupancy te n an t: Pro vided that any under-tena nt holding any land prior to the enforcement of this Act, sha ll, how ­ ever, cont inue to hold the same o n the same term s and cond itions as imm edia tely before the commencement of this Act un til he acqu ires the interm ediary and ownership rights of his holding und er the provis ions of Ch apter V I. CH AP TE R VI Re qu isi tio n o f in term ed iary an d ow ne rship * righ ts 21. Notwi thst and ing any thing to the contr ary in any law, custom , or agre eme nt, an occupan cy ten an t personally cul tivating the land of his tenanc y, shall be ent itled to acquire the r ights, titles and interests of his land-lord , here inafter called ‘the ownership righ ts’ according to the provisions of Section 23(1): Provided th at where the hold ing of an occupancy tena nt is being cult ivated by an under-tenant as defined in Th e Assam (Temporar ily Settl ed District) Tenan cy Act, 1935, from any da te prio r to enforce­ me nt of thi s Act , such under- tenant shall be ent itle d to a cqu ire t he r ights, titles’an d interests of his lan d­ lord, her einafte r called ‘the inte rmediary righ ts’ and also the ownership righ ts of the land owner o f the holding according to provisions o f Section 23 ( I I ) : ■5 131 Provided fur the r that the ownership rights of any land of a land- lord who is a widow or a minor or physically or mental ly disabled person or a mem ber of the Defence Services shall not be liab le to acquis ition under the provisions of this Chapt er. Ac qu isi tio n 22. The S tate Governm ent may at any time after of own ersh ip the commencement of this Act. by Notification declare i n £ e d £ t h a t “ righ ts by (i) the rights, titles and interests of any or all Government land-lords in respec t of any holding held and per - for sonally cult ivated by occupancy tenan ts, shall stand ten an ts. transferred to and vest in the respec tive occupancy tenants free from all enc umbrances crea ted by the land-lords ; (ii) the right s, titles and interest s of any or all land -lords in respect of hold ing held by occupancy tenant s or non-occupancy tenant s but cult ivated by an under-tenant as defined in the Assam (Tem po­ rarily Set tled Distric ts) Ten anc y A ct, 1935, from a date prio r to commencement of this Act and the in­ termediary rights of the occupancy tenants or non­ occupancy tena nts as the case may be, shall stand transfer red to and vest in the respective under- tenant s free from all encumbrance s c reated by the occupancy tenants or non-occupancy tenants or the land-lords . On such dec lara tion the provisions of Section 24 shall apply . Acq uisi tion 23 . (I) Any occupancy tena nt personal ly cult iva- °riehtsCrand t i n S h *s t e n a n c Y> desirous of acq uir ing in te rm ed iary the ownership r ights of his landlo rd may at any time rig ht s by make an applica tion in wri ting to the Deputy Corn- tena nt s. missioner and on such appl ication being made and Compensation as provided in Section 25 is det er­ mined and pa id by the occupancy tenant , the Deputy Commissioner shall decla re the sa id occupancy ten ant to have acq uired the ownership rights free f rom all encumbrance s. (II ) Any under -ten ant , as defined in Th e Assam (Temporarily Settled Districts) Ten ancy Act, 1935, cul tiva ting the holding of an occupancy tena nt or non-occ upancy ten an t f rom a d ate prior to commence­ ment of this Act, desirous of acq uir ing the in ter ­ media ry rights of his land -lord and the ownersh ip rights of the land-owner of his hold ing, may at any time make an appl ication in wri ting to the Deputy Commissioner, and on such application being made and compensation as provide d in Section 24 is determined and paid by the under -tenan t, the Deputy Commis­ sioner shall dec lare the said under-tenant to have acqu ired the interm ediary rights of his land- lord and the ownership right s of his hold ing free from all encumbrances, 132 Compen- 24. The tota l compensation payable for icq ui- sat ion . r jn g t jje o w n crship righ ts as well as the in termedia ry rights if any, of any holding shall be an amoun t equal to 50 times the full rat e of ann ual land revenue payab le for such lan d. Ap po rtion - 25. (1) Where an occupancy ten an t is personally cul tivatin g the hold ing, his land-lo rd shall be ent itled pensa on. t Q r e c e ;v e e n t }r e a m oun t of 50 times of lan d reve nue. (2) Where an unde r-t enan t is cu ltiv ating from a date prior to com men cement of this Act, the total amoun t of comp ensa tion sha ll be app ort ion ed as follows : — (a) towards acqu isition of ownership righ t. (b) towards acquisi tion of inte rme diary rights. 75 per cen t of the total compensa tion. 25 per cent of the total compensa tion. Procedure 26 . (1) In all cases of acqu isition under this of r comp en- Chapter, the Deputy Commissioner shal l give notice sat ion . the land-lord and all othe r persons hav ing inte rests in the land an d also fix a copy the reo in a consp icuous plac e of his office. He shal l the rea fte r make an enquiry as prescribed, hear object ions if any and then make an ord er deter­ min ing the compensation payab le for acquis ition ol ownership righ ts as also interm ediary righ ts if any an d app ort ion the same whe re necessary . (2) (a) I f the acquisi tion be under section 22, the Deputy Commissioner sha ll pay the a mo unt as det erm ined from the fun d pla ced at his disposal wi thin a per iod of 3 months from the da te of his passing orders under sub-section (1) above. (b) If the acquisition be unde r the provisions of Section 23, the Deputy Commissioner shal l direct the occ upancy tena nt or under-tenant as the case may be to deposit the am ou nt within a per iod of one mo nth from th e date of th e ord er under sub-section (1) abov e and pay the com pensation within a period of three months from the d ate of the said ord er under sub-section (1). (3) In all cases of acquisi tion unde r section 22, the occupancy ten an t or under-tenant as the case may be, shall pay to the Government in 5 equa ted annual inst alments the com pensation as dete rmin ed by the Deputy Commissioner, the first instalment payable bein g due on the expi rv of 3 months from the date of his o rder. 133 Where any instalment of compensation is not deposited in the Treasury within 30 days from the da te of its becoming due , the Deputy Commissioner shall proceed to recover the instalments as if it were an arr ea r of lan d revenue. (4) (a) In case of acqu isition under section 22, on depos it of the first inst alm ent of compensation as assessed, the De pu ty Commissioner shall issue to the erstwhile ten an t a certif icate o f ownership rig ht and also cor rec t the revenue records. (b) In case of acquisition und er section 23, on deposit of the compensatio n as assessed, the Deputy Commissioner shall issue io the erstwhile ten an t a „ certifica te of ownership rig ht and also correct the revenue records . (5) In case of dispute as to the person or persons who a re entit led to receive the amoun t of compensat ion money, the am ount sha ll be kept in deposit in a Governme nt trea sury and the dispute shall be referred to the Civil Court hav ing jur isd ict ion and the amount shall the n be paid in terms of the final decision of the cour t. CH AP TE R VII R en t liab ili ty to 27. Notwi thst and ing any thing con tained in anv pay rent, ja W j c u s t o m o r agreem ent no ten an t shall be liab le to pay ren t wheth er in cash or in kind at a rat e exceeding the maxim um rat e of rent as provided for hereinafter following. Maximum 28. Th e maximum rat e of ren t payable by ate of rent. a n occupancy or n on-occupancy ten an t shall be as follows: — fa) in case of cash ren t, not exceed­ ing 3 times of the land revenue payable for such lan d, fb) in case of crop-re nt, a rat e of ren t no t exceeding one-fifth of the pro duc e of the prin cipal crop grow n in each agricultura l yea r: * Prov ided th at where the crop fails due to na tura l calamities and/o r paymen t of the crop sha re is no t possible due to" circumstances bey ond the control of the tena nt , a sum equa l % to double of an nu al land revenue payable by his imm ediate land -lord for such hold ing shall be fair re n t: Prov ided further th at ate nant desir ing to pay his rent in cash in lieu of cro p-rent may, after giving a writte n notice of not less than 30 days to the land-lord , pay the money value of the crop deli* verab le by him to his lan dlo rd, computed on the basis of the market value of the prin cipal crop prevai l­ ing at the tim e of harv esting at the local ity concerned. 134 Grounds for 29. Subject to the maxim um limits laid down in mc nt of rent. s e c t l o r i 28 of this Act, the ren t of a ten an t shal l be liab le to enh ancement on one or more of the follow­ ing gro und s, nam ely : — (i) th at the produc tive powers of the land held by the ten an t have been increased by fluvial act ion ; or (ii) that the pro duc tive powers of the lan d held by the tena nt hav e been increased by any impro vem ent effected by or at the expense of the lan dlo rd ; or (iii) th at the are a of the tena nt ’s holding has been increased by alluvion or otherwise ; or > (iv) t ha t the reve nue ra te pay able by the land ­ lord to the Sta te Governme nt in respect of the holding of the tena nt has increased. i Procedure 30 . A land-lord of any hold ing desiring an en- for enhance- han cem ent of ren t on any ground mentio ned in ment of rent. g e c t jo n 29 m a y apply to the Dep uty Commissioner sta ting the specific gro und on which the claim for enhancement rests. Th e Deputy Commissioner shall ther eup on mak e the necessary inquiry, and may, for th at purp ose, cause an inspection of the lan d by a Revenue Officer, an d sha ll thereafter pass such orde rs as deemed fit subject always to the maxim um r ate of rent la id down in section 28 of this Act: Provided th at— (1) Wh ere an enh anc em ent is claimed under sec­ tion 29(i) , the Deputy Comm issioner shal l no t take into accoun t any increase in pro duc tive powers due to fluvia l action, which is merely tem porary or casual ; (2) Wh ere the enh anc ement is claim ed under section 29(ii ), the Deputy Comm issioner shall have regard to act ual increase in pro ductive powers caused by the imp rovement, the cost of imp rove­ ment, and also the increase or decrease, if any , in the cost of cul tiva tion for utilising the imp rove­ ment. Gr ounds for 31 . The r e n t o f a ten an t shall be liab le to rei)?Ctl°n °* r e duction on one or more of the following grou nds, tam ely :— (i) th at the produc tive powers of the land held by the tenant have been decreased due to any act ion of the land-lord or due to any cause b eyond the control of the ten an t during the currency of the present tenanc y ; or 135 (ii) th at t he area of the te nant’s holding has been decreased by diluvion , or by acqu isition for publ ic purpose ; or (iii) tha t the reve nue ra te payable by his l an d­ lord to the S tate Governm ent in respect of the tena nt ’s ho lding has decreased. reduct ion of rent Procedure for 32. A te n in t desir ing any reduct ion of ren t or any one or more of the grounds ment ioned in section 31 may apply to the Deputy Commissioner sta ting the specific gro und on which the c laim for redu ction rests. Th e Deputy Commissioner shall thereup on mak e the necessary enquiry and may, for this purp ose, cause an inspection of the land by a Revenue Officer, and shall the rea fter pass such ord ers as deemed fit. Date of eifect. 33. Enhan cem ent or reduction of ren t, as the case may be, will take effect from the da te of the or der of the Dep uty Commissioner. iŝ duefor*1* Cash-rent shall become due for pay., payment. ment a for tnig ht ear lie r than the corre spondin g land reve nue which is p ayable by his l and- lord becomes due for pa ym ent, or where such land-lord is not liable to pay the revenu e, would have become payable had it been assessed to reve nue. (2) Crop-rent shall become due for delive ry within 60 days from the da te of harv esting the c rop . Arrea r of 35. Re nt not paid when it falls due shall be r e n t- deemed to be an arr ear . 36. No arr ea r of rent shall be reali sable othe r- wise tha n by a ren t-su it filed in the com petent Civil Court . Th e pro ced ure for such ren t-su it shal l be accord ing to the provisions of the Civil Pro cedure Code, 1908 and the plain t shall, in add itio n to ma tte rs mentio ned in rules 1, 2, 4, 5 and 6 and sub- rule (2) of Rule 9 of Order V II in the first Sche dule to Code of Civil Procedure , 1908, specify the are a of the lan d to which the suit rela tes and where fields are numb ere d in the village pap ers , the numb er and are a of each field an d, in suits for arrear s, the amount of the yearly ren t which is payable. Where the lan d to which the suit rela tes does not form one or more fields num ber ed in the village papers the plain t shall con tain a sufficient desc ription of the land and its boundaries . 136 Ren t re- 37. (i) Every ten an t who pay his re nt shall eeipt . be ent itle d to obtain for thw ith hona his lan d-lord a wr itt en rece ipt signed by the landlord or h is au tho ­ rised agent. (ii) Th e receipt shall con tain a description of the l and for which the ren t has bee n paid , the total amount of rent du e, the amount of ren t in cash or the quantity of ren t in kind th at has been pa id and the yea r for which it has been pa id . (iii) If a rec eip t does not contain substan tially tfie above par ticula rs, it sha ll be presumed, un til the con trary is shown, to be a full acq uit tan ce of the ren t due from the ten ant. (iv) When a land-lord or his age nt, without reasonable cause, fails to deliv er to the tena nt a rec eip t as requ ired by th e foregoing sub-sections , the land -lord shal l be liab le to pay as compensation to the ten an t a sum not exceeding two hundred rupees for each default. De posit of 38. (1) Whe n a landlo rd refuses to accept any mone^rent r e n t w l , e n tender ed to him by a ten ant or when the ten an t is in bonajide doubt as to who is enti tled to receive the ren t, the tenant may make an applica tion to the Revenue Officer in the p rescr ib­ ed manner seeking permission to depos it the cash rent or money rent as the case may be along w ith the cost of transmission, and fee for notice. (2) The Revenue Officer, if satisfied after enqu iry in the prescribed ma nner, as to the bonajide o f the circumstances prev enting the ten an t from paying the rent to his l and-lord, shal l accept th e amount tendered and issue a receipt thereof. The rece ipt shall be deemed to be a val id discharg e of the ren t actually deposited by the ten an t. (3) In cases of refusal to acce pt the ren t the Revenue Officer sha ll rem it the rent deposited by the ten an t by Money Order to the last known address of the laivdd ord . (4) In oth er cases the Revenue Officer shall cause a notice about the fact of deposit of ren t in his office fixed in a consp icuous place and also to be served on any person whom he has reason to believe, is entit led to deposit . He shall thereafter proc eed to hear the person or persons interested in the manner pres cribed and if the re is no d ispu te, the Revenue Officer shall cause imm ediate prym en t. 137 In cases of dispute as to the person or persons who are ent itle d to receive the ren t, the amount shall be kept tn depo sit in a Government Treasury and the dispute shall be referr ed to a Civi l Court having jur isd iction and the amoun t shall then be paid in terms of the final decision of the Court . CH AP TE R V II I J* Sa le fo r ar re ar un der dec re e Atta chm ent and proc la­ mat ion of sale. h ldiii for ^9. Wh ere the unsatis fied rent-decree relates arr ea?o f° t o ar rear rent in resp ect of a holding of any occu- rent in cer- pan cy ten an t, he shall not be liab le to eject- tain cases, ment for such arr ear. But his holding shal l be liable to sale in execution of the unsatis fied rent-dec ree and the lan d-l ord shal l, inste ad of filing a suit for ejec tment, sub mit an app lica tion , accomp anie d with the ren t-decree to the com petent Civi l Co urt for att ach ing and pu tting the hold ing of the defa ulting ten an t to sale, and the decree for rent shall be satisfied out of the proceeds of the sale. (2) Notwithstand ing any thin g con tain ed in the Civi l Procedure Code , 1908, or any oth er law for the time bein g in force, the procedure for att ach ing and selling the hold ing of the defa ulting tena nt shall be according to the provisions here inafter following. 40. Th e competen t Civil Court , on rec eip t of the app lica tion of the la nd lo rd , shall issue an order of att achm ent of the hold ing an d also a pro clamation of sale of the same. 41. Th e proclamation of sale shal l be pub lished in the following m an ne r:— (a) by affixing a copy the reo f in a con­ spicuous place on the lan d of the holding, and (b) by affixing a copy thereo f in a conspi­ cuous plac e of the issuing Co urt , and (c) by send ing by regis tered post to the defaul ting ten an t a copy of the ord er of att achm en t and a copy of the pro clama­ tion of sale. Manner o f pub lica tion of sale pro­ clam ation. 138 Date of sale 42 . Th e sale shall not tak e place un til after the exp ira tion of at least 30 days from the date on which all the three conditions of Section 41 are fully com plied with : Provided th at no such sale shall take place unt il after a notice has been served on the jud geme nt deb tor . Sale 43 . On the da te of the sale, it shall be pu t up to auc tion and sold to the highest bid der who shall pay one- four th of the purchase money on the spot and the bala nce within 15 day s: Provided that , if the def aul ting ten an t or an interested person pays the ar rear under the decree toge ther with the cost, if any of the sale before the day fixed for sale, then, the sale shall be stayed and the lan d released from att achm en t: Provided fur the r that in the case of a holding of an estat e per tain ing to a religiou s inst itut ion , if the highes t bid be th at o f a member of a diffe rent relig­ ion from the one to which the ins titu tion belongs the landlo rd shall have the option, to be dec lared in writ ing to the Court with in 30 days of the sale , of purchasing the hold ing at the highest bid. thePsal ̂° f proceeds of the sale, afte r defray ing the proceeds. c o s t ° f t l̂ e s a ê ®*u e t o Governm ent, if any , shal l be disposed of in the following m an ne r:— fa) Th ere shal l first be paid to the decree­ holder the cost, if any , incurred by him in brin ging the hold ing to sale ; (b) the re shall next be paid to him the am ou nt unde r the decree ; (c) the balan ce, if an y, shall then be pa id to the defaultin g ten an t. e of^sale 45. Th e defaultin g ten an t or any interested per- dePosit o f s o n m a Yj w hhin 30 days of the da te of the sale dec reta l app ly to the Cou rt conducting the sa le to set aside am ount. the sale on depos iting in the Court , (a) the decreta l amount toge ther with cost of th e sale for paymen t to the decree-holder, anct (b) a sum equal to 5 p er cen t of the purch ase money for paymen t to the auc tion purchaser as a penal ty, and (e) the cost of th e sale, if any, payable to the Governm ent, and the Court shal l the reupon set aside the sale and shall cause the amounts un de r (a), (b) and (c) above to be paid to t he respective persons or author ities . 139 Setting aside 46. The defaultin g ten an t, the decree-holde r or ° rSalnd°of a n y o t b er interested persons may , within 60 days of irr egula rity, t b e date of the sale, app ly to the Court to set aside etc. the sa le on the g round of mate ria l i rregular ity , or fraud or m istake in pub lish ing or conducting the sa le : Provided that no sale shall be set aside on this gro und unless the appli can t proves to the satisfac­ tion of the Court that he has sustained subs tantial inju ry by reason of such irregularit y or mistake. “ Confirmat ion 47. If the re is no app lica tion to set aside the sale of the sale. u n 3e r sections 45 and 46 or if any such appli ­ cation has been disallowed, the Court shall make a n ord er confirming the sale which shall , thereupon , » become absolute. Auction pur - 48 . Th e auction purchaser shall take the hold- "ak^the s u b J e c t t o l a w fu l e ncumbrance s, if any, inclu ding hold ing*sub-gr a n t ° f lau d f° r public worship , public crem ation j ect to cer- ground or pub lic bur ial ground. t ain enc um­ brances. Recovery of 49. Nothing in this Act shall pre ven t a hold ing etct a byl 0 ?he a n occupan cy tenant or a non-occupancy above pro- tenant being sold in the ma nner laid down cedure. abov e un der orders of the Deputy Commissioner for the recovery of (i) a loan advanced by the Sta te Govern­ ment, th e Unio n G overnment or a Co-ope rativ e Society, or fii) any oth er G overnment due s, but the rent of the hold ing shall rem ain the first cha rge on the sale proceeds afte r defra ying the cost of the sale. CH AP TE R IX Ejectment Forf eitu re ot 59 . j f a ten ant sublets or transfers the whole or sublettmg11 any pa rt of his ho lding otherwise than in accordance and t ransfer, with the provision of this Act, then the tenan t’s inte rest thereon shall be forfeited ; and (a) if the transferee is an agricu lturist , he shall be deemed to hav e become a tenant under the land -lord under the same term s and condit ions as th e tran sferor; 140 (b) if the tran sferee is a non -agricu ltur ist then suc h transfer sha ll be void and the Deputy Commissioner may , aft er such enquiry as may be prescr ibed, and afte r ejecting any persons in possession, place a ny landless agr icu lturis t as a non-occupancv tenant of the l an dl or d. (ho unds of 51. An occupancy ten an t shall not be ejec ted c ectme nt, j^y ]a n c p o r d f rom his hold ing except in execution of a decree for ejectment passed on the gro und th at he has u sed the lan d comprised in his h old ing in a ma n­ ner which renders it unfit for the purp ose of the tenanc y. (2) Any ten an t, not being an occupan y tenant , shall not be ejected from the land of his tenanc y except in execution of a decree for ejectment passed on any one or more of th e following grou nds, name ly! —■ (a) that he has used the land comprised in his holding in a ma nner which renders it unfit for the purposes of the tena ncy ; (b) that he has broken a condition of his ten­ ancy cons istent with the provis ions of this Act, and on the breach of which he is, unde r the terms of the contract betw een him self and his land-lord , liable to be ejected ; (c) th at he has failed to pay the arr ea r of r e n t; and (d) th at th e land is bonafide required by the land-lord for his personal cu ltivatio n. No suit for ejectment on this ground shal l be enterta ined before the expi ry o f 12 months or afte r the expiry of 15 months for the date of creation o f ten an cy : Provided tha t if the t enan t has elsewhere got no lan d o r has lands less th an 10 bighas in area , then h e shall not be ejected on this ground unless he has been left wi th so much are a as will make the total of his hold ing equ al to 10 bighas: 141 Prov ided fur the r th at if the landlo rd does not cul tiva te the lan d personally within one year of the da te of ejection of the tenant - then the ten ant shall be restored to his possession. Righis of 52. Every ten an t who is ordered to be ejected ejected ten- fr o m h; s hold ing shall be ent itled to compensation imp rov em ent - ‘o r improvements lawfully mad e by him or his predecessors in inte rest in respect of his hold ing and the Co urt’s order for ejec tment shall be mad e conditiona l on pay ment of the compensa tion. In estim ating the compensation to be pa id for imp roveme nt, regard shall be had to the following :— (? ) the am ount by which the produce of the hold ing or the value of the produc e or the value of the hold ing has increased by the imp roveme nt ; (b) the condition of the imp rovement an d the pro bab le du rat ion of its effects ; (c) the lab our and cap ital involved in making the imp roveme nt ; (d) redu ctio n or remission of ren t or othe r adv antage given by the landlo rd to the ten an t in cons ideration of the imp rove­ ment ; fe) in case of reclam atio n or irri ga tion, the len gth of time during which the tena nt has had the benefit of the im pro veme nt a: an un enha nce d ren t. pect of crops, dwelling house, etc. Rights of 53. The following provisions shall app ly in the ejected ten- case of every ten an t ejected from a ho ld in g: — ants in res- (a) Wh ere the ten an t has, before the da te of his ejec tment, sown or pla nte d crops in any lan d comprised in the holding, he shall be ent itled at the opt ion of the landlo rd, either to retain possession of that land till the harves t for the pur pose of tend ing and gather ing in the crops or to ' receive from the landlo . d the value of the crops as estimated by the Cou rt executing the ejec tment decree . If the landlo rd elects to allow the ten an t to retain possession of ‘he land till the harv est, the ten an t shall be liab le to pa y to the lan dlo rd, during the period of such retent ion of possession such ren t as the Co urt executing the ejec tment decree deems reasonab le. (’b) Wh ere the tena nt has , before the da te of his ejectm ent , prepare d for sowing any lan d of his holding bu t has not sown or plante d crops the rein, he shall be ent itle d to receive from the lan dlo rd the value * of the lab ou r and cap ital expended by him in pre paring the lan d, as estim ated by the Co urt executing the ejec tmen t decree, toge ther with reasonab le inte rest < on th at value, fc) In the case of an occupancy tenant comp ensa tion shall also be pay able for trees standing on the lan d which the occupanc y ten an t is ent itled to cut and appro pri ate . fd) No ten an t shall be ejected from his dwel ling site, except afte r giving the ten an t an opt ion to purchase the dwell ing site, and if the dwel ling house was constructed at the lan dlord’s cost, then also the dwelling house, at the prevai ling marke t value. I f there is any disp ute as to the value, then the Court executing the ejec tment decree shall determ ine the value afte r making such enquiry as it deems fit. Pro ced ure of 54. (1) No ten an t shall be ejected from his eje ctm cii t. hold ing except in execution of an ejec tment decree passed by a com petent Civil Court ; and the rele ­ van t provisions of the Civil Procedure Code, 1908, shall app ly to such proceeding. (2) No suit for ejectment of a ten an t on the ground s men tion ed in Section 51 (1) (2) fa) and (b) shall be ent ert ain ed unless the landlo rd has first served a no tice on the tena nt r equ irin g him to remedy, or to pay compensation for the misuse or the breac h comp lained of and the ten an t has failed to comp ly with it with in one month of the receip t of the notice. 143 i'3) If it appears to the Court try ing the ejec tme nt suit th at the com pla int of misuse or the bre ach is true but it is remedia ble, then it may di iect the ten an t to remedy the misuse or th e breach or t o pay a reasonable compensation fixed by it with in a specified date, and i f the ten an t still fails to comply with the direction, shall pass the decree, unless the re are other reasons for not passing such decree, (4) No suit for ejec tment on the ground men tion ed in Section 51 (2) fc) shall be en ter ­ tain ed unless at first a decree for ren t has been -r. obtained. (5) No suit for ejec tment on the gro und mentio ned in Section 51 (2 ) (d) shall be en ter ­ tained, unless a three mo nth s’ notice end ing with • the da te of exp irat ion of the lease has first been served on the ten an t. CH AP TE R X P re p a ra ti o n a n d m a in te n a n c e o f re co rd -o f- r ig h ts o f te n a n ts Power to or- 55 . (1) Th e Sta te Governme nt may, where a der Prepara-sett lem ent ope ration under Chapter II I of the Assam cord-of-riRht» â n ( ̂ a n ^ Revenue Reg ula tion , 1886, is not being for tenants, car ried out at any time, make an orde r in the case of any local are a, estates or pa rt the reo f dire cting th at a record-of- rights, with or witho ut survey, for all or any class or classes of tena nts be pre pared by a Settlement Officer. (2 ) A not ifica tion in the official Gaz ette of an orde r under this section shall be conclusive evidence th at the ord er has been duly made. (3) Th e survey shall be made and the record-of- righ ts pre pared in accorda nce with rules made in •» this be ha lf by the Sta te Government. Particulars to 56. Wh ere an order is made un ae r Section 55 be recorded, th e par ticula rs to be reco rded shall be specified in * the ord er and may include either witho ut or in add ition to oth er par ticula rs, some or all of the following, namely, — (a) the nam e of each ten an t ; (b) the class to which the ten an t belongs and the date of creation of the tenanc y in respect of non-occ upancy tena nts ; (c) the are a and situation of the lan d held by the ten an t ; 144 fd) the nam e of each ten an t’s lan dlo rd J fe) the ren t payab le at the time the rec ord-o l- right s is being prepare d ; (f) the mode in which th at rent has been fixed whether by con trac t, by ord er of a Co urt , or othe rwise ; fe) if the rent is a gra dually increasing ren t, the time at which and the steps by which it increases ; & (h) the specia l cond itions and inc idence, if any , of the tena ncy ; (i) any rig ht of way or other easement att ach ing to the lan d for which the record-of- rights is being pre pared : Provide d th at , if lands are not used for purp ose connected with agr icu lture, it shall be sufficient to record th at fact togethe r wi th such partic ula rs as ma y be prescribed . Preliminary 57. (1) Wh ere a draft record-of- rights has been pub lica tion , p r e pa red , the Set tlem ent Officer shall publ ish the amTfinal11* dra ft in the prescribed ma nner and for tne prescribed publica tion per iod , and shall receive and consider any object ions of record- which may be made to any ent ry the rein , or to of-rights. any omission ther efro m, during the per iod of pub lication. 12) Wh ere such objec tions have been considered and disposed of according to such rules as the State Government may make , the Set tlem ent Officer shal l finally fram e the record and shall cause it to be finally publis hed in the pres cribed manner and the pub lication shall be conclusive evidence that the record has been duly ma de under this Chapter. Certificate 58. (1) Wh ere a record-of -righ ts has been finally s . ?umptionM published unde r section 57, the Set tlem ent Officer ’©'final p ub -shall , within such tim e as the Sta te Governm ent lication and m ay by gene ral or specia l order, requir e, mak e a presump tion cert ifica te sta ting the fac t of such final publicat ion B1ss°ofr re-t"a n ^ t î e da t e thereof, and shall da te and subscr ibe cord-of- the same with his name and official title . rights. (2) Th e certi ficate of final pub lica tion , or, in the absence of such certif icate , a certi ficate signed by th e Deputy Commissioner of a dist rict in which the estate , or pa rt the reo f to which the record-of-r ights rela tes is situate, sta ting th at a record-of- rights has been finally published on a specified date shall be conclusive pro of of such pub lica tion and of the dale thereof. 145 (3) Th e Sta te Government may, by not ification, dec lare with regard to any esta te, th at a record-of- rights has been finally pub lish ed in the vill age in which the estat e is situ ate and such not ifica tion shall be conclusive pro of of such publicat ion . (4 ) In any suit or other proceeding in which a record-of- rights pre pared and pub lished unde r this Ch apter or a duly certified copy thereof, or ext rac t therefrom, is produc ed, such record-of-rights shall be presum ed to have been finally pub lished unless the cont rary is proved. (5) Every entr y in a reco rd-o f-rig hts finally pu b­ lished shall be conclusive evidence of the matt er referr ed to in such ent ry, and shall be presume d to be correct un til it is proved by evidence to be inco rrec t. App eal to 59- (1) An app eal , if presented wi thin two and revision months from the date of the ord er app eal ed against , by superior shall lie to the Director of Lan d Reco rds or any oth er authorities. o ffi c e r o r officers autho rised by the State Governmen t in this behal f from every ord er passed by a Set tlem ent Officer prior to the fina l publicat ion of the record-of- righ ts on any objec tion made. The orders of the Directo r of Land Reco rds or any other officer or officers authori sed by the S tat e Govern­ ment in this beha lf shall , subject to the following sub­ section be final. (2) Th e Sta te Governme nt may in any case on app lica tion or of its own mot ion, dir ect the rev i­ sion of any record-of-rights or any portio n of a record -of -rig hts : Provide d that no such direction shall be mad e unt il reas onable notice has been given to the par ties concern ed to appear and be heard in the ma tter. Power to di- 60. Th e Sta te Government may make an order rect ma inte - direct ing th at the record-of- rights in any dist rict , cord-o^ IB~ l° c a l are a, esta te or class of estates pre pared under rights. Ch apter II I, Pa rt D, of the Assam Land and Reve­ nue Regulatio n, 1886, or under this Ch ap ter shall be ma intain ed, so far as the interests of ten ants of any class or classes are concerned, by registering all changes in the ownership accomp anie d by possession of such interests. Procedure on 61. When an ord er is made un de r section appl ication 60 the D epu ty Commissioner or an officer invested for _ regis- with th e powers of Deputy Commissioner under sections information” 60 t o 64 of the Assam Land and Revenue Regulatio n, received 1886, who receive info rmation through an applica* otherwise, tion or otherwise of any change in the ownership 146 him self or by some oth er person, and is no t trace­ able in spite of the best efforts of the land ­ lord, then the landlo rd may, at any tim e afte r exp irat ion of two years from the da le of the tena nt ’s ceasing to cultivate the hold ing, and afte r giving info rma tion to the Deputy Comm issioner a nd ob tai n­ ing his permission thereto enter on the holding. (2) If the landlo rd is a pro prieto r or a land ­ holde r, h e may let it out to anoth er tena nt subject to the provisions of any law for the time being in force , or cult iva te the lan d himself ; bu t if the lan dlo rd is himself a ten ant , he shal l no t let it out aga in to an under -tenan t. (3) If the ten an t aba ndo ning th e lan d has an under-tenant below him existing from a date prior to commencement of this Act the said under­ tena nt shall become a te na nt under the landlo rd on the same term s and conditions as those on which the tena nt who abandoned t he land had held it. 65. Wh en the lan dlo rd of any ten an t’s holding is a pro prieto r, land-holder or sett lement holder and the enti re interests of the landlo rd an d the tena nt in the hold ing become uni ted in the same per­ son by transfer , succession or otherwise, such person shal l have no rig ht to hold the land as a tenant bu t shall hold it as a proprie tor , lan d hold er or sett lem ent bolder , as the case may be ; but nothing in this section shall prejudic ially affect the righ ts of any thi rd person. Matters ex- 66. Except where otherwise expressly provide d empted from fo l jn this Act or the Rules made thereu nder, no v of8Civh1CC Civil Court shall exercise jur isd iction in any of the Court. following ma tte rs,— (a) Claims to enh anc em ent , red uction or altera tion of rent of ho ld ings ; (b) Claim s to deposit r e n t ; (c) Prepara tion of record-of- rights under Ch apter X and pre parat ion , signing, or altera tion of any docume nt con tained therein ; (d) Ma intena nce of record-of- rights ; 147 j Appeals Jurisdiction of Civil Court. In these m atte rs, the jur isd iction shall only be with the Revenue Court or Officer as th e case may be. 67- In all proceedings under this Act before a Reven ue Officer or in a Reven ue Co urt , except those in connection with prepara tio n of record-of - righ ts under Ch apter X and excep t whe re othe r­ wise expressly provided for, appeals shall lie as follows ;— (a) to the Assam Board of Revenue from original order of the Deputy Comm issioner or the Set tlem ent Off icer, within 60 days of the ord er app ealed aga inst ; fb) to the Deputy Commissioner or the Set tlem ent Officer, within 30 days of the ord er appeale d against, from order s passed by any Revenue . Officer sub­ ord ina te to him, even if the latt er was exercising the delegated power of the Deputy Commissioner or the Set tlem ent Officer when passing such order. 68. Except as provide d in Sections 66 an d 67 the Civil Court shall have jur isd ict ion in all sui ts between landlo rd and tena nt as such . 7> Power to modify Civil Procedure Code inits application to landlord and tenant suits. Delegation of Powers. 69. (I) The Sta te Governme nt may, from time to time, make rules consistent with this Ac t dec la­ ring that any por tion of the Civil Procedure Code, 1908, shall not app ly to suits between landlo rd and tena nts as such or to any specified classes of such suits or app ly to them subject to modifications specified in the rules. (II ) Subject to any rules made under the foregoing section and to the other provisions of this Act, the Code of Civil Procedure , 1908, shal l apply to all such suits. 70. Th e Sta te Governmen t may, by noti ficat ion in the Official Gazet te, invest gene rally or for special purposes and with such restr ictio ns or conditions as it deems fit, — (a) any Revenue Officer or Assistan t Sett lement Officer wi th all or any of the powers of the Dep uty Comm issioner or the Sett le­ ment Officer ; a nd (b) any Set tlem ent Officer with all or any of the powers of th e Deputy Commissioner for the purposes of and under th is Act. 148 Penalties 71. Who ever — (i) wilfully fails or neglects to comply with any requ irem ents made of him under this Act, or (ii) contravenes any lawfu l ord er passed under this Act, or (iii) obstructs the Deputy Commissioner or the Revenue Officer or any Officer authorised by him in taking any lawful possession un der this Act, or (iv) wilfully contravenes any provisions made in this Act or Rules made the reunde r, or (v) furnishes info rma tion which he knows or believes to be false or does n ot believe to be true, shall , on conviction before a Magist rate , and in add ition to any other action that may be taken ag ains t him, be punishable with imprisonment which may extend to 6 months or with fine which may extend to one thou sand rupees or with both . Protection of 72. No suit or proceeding or oth er legal proceeding int Ond s’l a ^ aga inst any person for anything done in good in goo a i t h -fa ith pu r s u a n c e o f a n y o f the provisions of the Act or the Rules or order s mad e the reunde r. Power to y3. The Deputy Commissioner, may, for the pur - ord er pro - p Q s e Q f t jj js Act, r e qUir e a n y person to produce any documents, documents, pap er or register which is in his posses- etc. ’ sion or under his contro l, or to furnish a ny informa­ tion which he may think necessary for the pro per discharge of any duties under th is Act. Power for 74. Any officer, or au tho rity holding an enqu iry enforcing at t- o r hearing an appeal under this Act, shall have the endance , etc. p O w e r o f a CSivil Court under the Code of Civil Procedu re, 1908 in respect of,— (a) enforcing attend ance o f any person and his exa minat ion on oath ; (bi com pel ling Tproduction of do cu m en t; and (c) issue [of Commission. 149 and possession, of any such intere st as is refe rred to in the loregoing section may make an ord er di rect ­ ing the regi stra tion of the nam e of the person so enterin g into ownership and possession: Provide d th at— fa) the info rmation has been verified by loca l enquiry ma de by an officer hav ing the powers of Deputy Comm issioner under sections 50 to 54 of the Assam La nd and Revenue Reg ula tion , 1886, or fb) notice has been pub lished and enq uiry held in a ma nner simila r to th at pres ­ crib ed by Sect ions 52 and 53 of the Assam La nd and Revenue Reg ula tion , 1886. Applica tion 62. Wh ere any person is aggrieved by an orde r d irec t o r c l e r dire cting regi stra tion under Section 61 which ing the re gi s- ^a s been mad e after verification ol the information tration. received by loca l enquiry only, he may app ly to the officer passing the ord er or his successor in office to set aside the ord er and on receip t of such app lica tion the officer receiving it shal l cance l the reg istra tion and then proceed to pub lish the notice an d hold the enquiry as in clause (b) of the proviso to Section 61 . CH AP TE R XI Miscellaneous Surr ende rs 63 . No ten an t shall volun tari ly surrender his holding except with the pr ior permission from the Deputy Commissioner and any voluntary sur render shall no t be val id— (1) if such sur render is not app roved by the Deputy Commissioner ; (2) if the tenant does not give at least 3 mon ths notice in writin g to the lan dlo rd J and (3) if it is done wi tho ut the consent and approval of th e encumbrance r or under­ tena nt or ten an t w hen ther e is an encum­ brancer or an under-tenant or tenan ts as the case may be : Provide d that the landlo rd shall no t be eligible to resum e th e land for personal cult ivation. The Deputy Commissioner may, when he permits a sw. render place a l andless Agric ultu rist in the holding who shall, the reafter , become a non-occupancy ten ant of the landlord. 150 Ab ard on- 64 . (1) If a ten ant not be ing an occupancy ten ant me nt. volu ntar ily abandons his usual lesidence in the village or the neighbourho od withou t notice to his landlord and witho ut arrang ing for paym ent of his .tent, ceases to cul tiva te his hold ing, eith er by Power to 75. (1) Th e Sta te Governme nt may , by notif ica- make rules, tion in the Official Gazette , make rules for car rying ou t the purp oses of the Act. (2) Eveiy rule made under this section sha ll be laid as soon as may be aft er it is made, before the Sta te Leg isla ture while it is in session for a tota l period of four teen days which may be comprised in one session or in two successive sessions, an d if, before the exp iry of th e session in which it is so laid or th e session imm edia tely following, the Leg isla ture agrees in making any modif ication in the rul e or th at the rule shou ld not be made, the rule shall the rea fte r have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modif ication or annulment shall be without pre judice to the val idi ty of anyth ing previously done under t ha t rule . Repeal and 7®* (1) Th e Assam (Temporarily Settl ed Dis- Assam Act. Sav ing . tricts ) Tenan cy Act, 1935 and the Assam Ad hia r H Io fl 935 Protec tion and Regulatio n Act, 1948 are here by Assam Act repeale d. X II o f 1948. (2) Notwithstanding such repeal ; fa) any rul e ma de, any ord er issued, any noti ficat ion pub lished, any proceeding commenced, any action taken, or any thing wha tsoever done un de r the Acts rep eal ed, shall con tinue and be deemed to hav e con tinu ed and have effect as if made, issued published, comm enced, taken, or done under the provis ions of this Act ; (b) any action taken, ord er made, or other actst nd thing s done by any officer ac tin g or pu rport ing to ac t un de r the Acts rep ealed shall be val id and sha'l be deem ed always to havs been valid and s ha ll not be called in ques tion in any Co ur t on the gro und of incompe tency ot the Officer to ac t un de r the Acts repeale d