The Goalpara Tenancy (Amendment) Act, 1943

Sh or t titl e 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 the Assam Legis lature ) (Received the assent of th e Governo 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 Act fu rt he r to amend the Goalpara Tenancy Ac t, 19 29 (Assa m Ac t I o f 19 29 ). Preamble. Whereas it is expedien t fur the r to amend the Goa lpara Assam A ct I Ten ancy Act , 1929, in the man ner here inafter appearing ; of 1929. And whereas the previous sanct ion of the Governor has been obtaine d to the introd uct ion of this Bi ll: It is hereby enac ted as follows 1.(1) This Act may be called the Goa lpara Ten ancy (Amend­ ment) Act , 1943. (2) It shall come into force on such da te as the Provincial Governme nt may , by notifica tion in the Official Gaz ette , appoint . Local ex ten t. (3) It shall have the like extent as the Goa lpara Ten ancy Assam Act 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 words “ 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 reg istra tion Act ', SS7 f fee” shall be substitu ted. 1929. Su bs tituti on 3. For section 20 o f the said Act the following section shall of new sec- be substituted, namely :— ti °n 20 SCCf “ 20. (1) The hold ing of an occupancy jot ed ar o r o f an occu- Assaiii Act°I Pa n c Y raiya t o r a por tion 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 other immovable proper ty and all transfers made by sale, ex­ change or gift and all bequests shall, subje ct to the provisions of sub-sec tion (2), be bind ing on the land lord . (2) (a) Every transfe r shall be mad e by registered inst rument, except in the cases of a bequest o r a sale in execution of a decree or of a certifica te signed under the Bengal Public Demands Reco- Bengal Act very Act, 1913. I l l' o f 1913. (b) A regis tering officer shall not registe r any such ins tru ­ ment unless the re is tendered to him a notice givin g part iculars of th e t rans fer in the presc ribed form toge ther with the process fee of the prescribed amount for the service of th e notice. (c) Where any such inst rument is registe red the registering officer shall send to the Deputy Commiss ioner the notice of the trans fer in the prescr ibed form, and the Dep uty Commiss ioner shall cause the notice to be served on the land lord named in the notice or his com mon agent , if any, in t he prescribed m an ne r: Provided that when a sole lan dlord purchases a holding o r a share or a port ion the reo f no notice need be served. (3) In the case o f a bequest, the C ourt shal l, before granting probate or letters of adminis trat ion , require the appli can 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 ount for service on the l andlord or his common agent , if any. When pro bate or letters of admin istratio n have been gra nte d, the Court shall send to the Deputy Commiss ioner the notice : [Price an na s 2 or 2d.] 2 Provided that in the case of a bequest by a Mu hamm adan where no pro bat e is applied for, the executor or lega tee shal l file the notice and deposit the process fee in the Court o f the Dep uty Commissioner. (4) (a) When the hold ing of an occupanc y jo teda r or of an occupan cy rai ya t o r a por tion or a share the reo f is sold in execu­ tion of a decree or a certificate signed under the Bengal Publ ic Dem ands R ecovery Act, 1913, other tha n a decree or certificate Bengal Ac t, for a rrears of ren t due in respect o f the hold ing or of dues re- III of 1913. cove rable as such, and neither the purchase r nor the decree­ hold er is the sole l and lord, the Court or the Revenue Officer, as the case m ay be, shal l, before confi rming the sale, requir e the purchaser to file a notice g iving par ticu lars of th e transfer in the prescribed form and deposit in add ition to the purchase money a process fee o f the prescribed amo unt . (Z>) When a mortgage of a hold ing of an occupancy jo teda r o r of an occupancy raiyat o r a por tion o r share thereof is foreclosed, and the decree -holder is not himself the sole landlo rd, the Cou rt sha ll, before making a decree or an ord er abso lute or the fore­ closure, require the mortgagee to file a notice giving parti cu lar s of th e transfer in the p rescr ibed form and to depos it a process fee of th e prescribed amoun t. (c) If the purchaser fails to comply with the ord er of the Court 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 por tion or share thereof . If the mortgagee fails to comply with the ord er under clause (Z>) with in such time as may be specified therein, the Court may make an ord er for dismissal of the suit for fore­ closure. (</) When the sale has been confirmed or the decree or order abso lute for the foreclosure has been made, the Court shall send to the Deputy Commissioner t he notice o f the sale or final fore­ closure in the p rescribed 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 receip t o f such notice of transfer, the landlo rd shall not refuse to recognise the t ransferee as the ten an t in respect of the hold ing or port ion or sha re the reo f trans ferred nor om it to enter the transfere e’s nam e in the la ndlord’s ren t-ro ll in place of that of the transferor, or where only a share or a por tion of the transfero r’s inte rest has been transferred, along w ith the nam e of the tra ns fe ro r: Provided tha t such recognition 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 occupanc y hold ing or be deemed to con stitu te an express consent of the land lord to the division of the hold ing or to the d istribut ion of the ren t payable in respect thereof: Provided fur the r that i f a transfer is subsequently set aside or modif ied by a competent author ity, the par ly in whose favour such ord er has been mad e shal l, unless such order has been passed in a suit, appeal or other proceeding to which the land­ lord or the enti re body of landlords was a party , file wi th the I. * 9* Z - 3 * Deputy Commissioner a notice describing the modifications made 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 common agent , if any, in the prescribed ma nner. Th e landlord, on rece ipt of such not ice , 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 bequest but does not include (i) succession by inh eri tan 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 unt il a final decree for sale or foreclosure is m ade . (8) In sub-section (4), ‘purchase r’ includes the successors-in- interest of th e purchaser and ‘mortgagee’ includes the successors- in-interest of the mortgagee .” Deletion of 4. Section 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 o f the said Act shall be deleted. 6. Section 23 of the said Act shall be deleted. •£, Subs tituti on 7. For section 25 of the said Act the following section shall 2 X S b « su ta iw te d , namely tio n 25 of Assam Act I of 1929. “ What kind 25 , (1) An occupancy ten an t may en ter into a complete of usufruc- usufruc tuary mortgage in respec t of his hold ing or a port ion 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 implied, 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 tuary mortgage so en tered into after the com men cement of this Act shall have any force o r effect. (2) No twi ths tanding 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 into before the commencement of this Act shall be deemed to have take n effect as a complete usufruc tuary mortgage for the period men tion ed in the inst rum ent o r for twelve years, whichever is less. (3) Notwi thst and ing any con trac t to the con trary entered into before or afte r the commencement of this Act such a complete usu fruc tuary mortgage or a m ortgage referred to in sub­ section (2) may be redeemed at any time before the expiry of the periods referred to in sub-section (1) or sub-sec tion (2) as the case may be. 4 (4) Every complete usufruc tuary mortgage ente red into after the commencement of this Act shall be registered under the A ct X V I of Ind ian Regi strat ion Act , 1908. l y °8 - (5) Notwi thst and ing a nything contained in this Act or in any other law, no docume nt creatin g or purpo rtin g to crea te (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 upon in any Court or by any publ ic servan t : Prov ided that 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 mortgage for the period mentio ned therein or twelve years , whichever is less. (6) Notwi thst and ing a nything conta ined in this Act or in any oth er law or in any con tract, the considera tion (with all interest thereon) for a complete usufruc tuary mortgage or for any other form of usufruc tuary mortgage deem ed under sub-sec tion (2j to have take n effect as a complete usufructua ry mortgage ente red into by an occup ancy ten an t in respect of his holding or a port ion or share thereof, shall be deemed to have been extinguished on the expiry o f the period, («) mentio ned in the inst rum ent of the mortgage , or (6) of twelve years from the da te of the reg istr atio n of the ins trument, whichever is less, or where there is no regis tered in strum ent , f rom the da te of the mortga gee’s entry into possession, and the mortga gor shall there­ upon become ent itled 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 mortgage subsist ing on the date on which the Goalpara Tenan cy (Am endm ent) Act , 1943, comes into force, the said period has , on the da te of the com mencement of the said Act, already expired , the mortga gor sha ll, imm edia tely on the commencement of the said Act , becom e ent itled to possession of the mortgaged hold ing ; bu t he shall not be enti tled to, nor shall the mor tgag ee be liable for, any com pen ­ sation in respect of the mor tgagee’s possession from the da te of the expiry of the said perio d to the da te of the com mencement of the said Act. (7) An app lica tion under sub-section (6) shall be accompa­ nied by a process fee of the prescribed amount for service of notice o n the mortgagee, and the Cou rt or Revenue Officer to which such an applica tion is made, may, afte r service of such notice , award to the mor tgagor such compensat ion as app ears equ itab le in respect of the perio d during which the mor tgagee reta ined possession afte r t he date on which the mortga gor became ent itled to be restored to possession, a nd may pass an order res tor­ 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. Explanation.— A“ complete usufruc tuary mortgage” means a transfer by a ten an t of the righ t of possession in any lan d for the purpose of secur ing the pay ment of money or the return of grain adv anced or to be advanced by way of loan, upon 5 the conditio n tha t the loan, with all interest thereon, shall be deem ed to be extinguished by the profits arising from the land du rin g the period of the mortgage.” 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 sect ion 33 of Assam Act I of 1929. 9. In sub-section (1) o f section 33 of the said Act for the words “An occupan cy raiya t may inst itute a suit for the reduction of rent ” , the following words shall be sub stituted, namely t— “ An occupancy jo teda r or an occupancy raiyat may claim reduct ion of ren t either by a suit or in a defence in a su it for arrear s of re nt .” Amen dm en t 10. At the end of the proviso to section 41 o f the said Act °fsection the following words sha ll be ad de d:— 41 of Assam ° 1929. “ nor shall it exceed in the case of an under -ra iya t h olding im­ mediately under a raiya t the ren t paid by the la tte r to his landlord by more tha n a hundred per cen t, and in the case of an under - raiy at hold ing med iate ly the re nt paid by his under- raiyat land lord to the la tte r’s land lord by more tha n twenty-five p er ce nt .” Insertion of 11. After section 41 of the said Act the following section new section s p,a n i,e inserted as section 41A :— “ Lim ited 41 A. Every person who, for a period of twelve years, righ t of whe ther wholly or pa rtly, before or afte r the commencement of of C1un de r- t *l e G oal par a Tenancy (Am endmen t) Act , 1943, has cont inu- rai ya ts. ously held land as an und er-raiy at, whe ther under a lease or otherwise, shall be deemed to have acq uired, 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. The provisions o f sub sections (4), (5) and (6) of section 15 shall apply mutatis mutandis to the constru ctio n of the expression “ every person ...........has cont inuo usly held land as a n under-r aiy at. ” Am end ment of sectio n 42 of Assam 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 shal l “ Exc ept as p rovided in section 42A ” Ins ert ion of 13 . After section 42 of the said Act the following section new sec- s ha i] be inser ted as section 42A :— tro n 42A. “ Incide nt of 42A. An under -ra iya t who has acquired a limited right of ten ancy occupancy in any land under section 41A shall be subje ct to the un der-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 occupanc y who has raiya t. Th e provisions of sections 29 to 35 (both inclusive) shall , right^'of S° a r aS m a y ^e ’ *n ^ l e c a s e ?u c h a n unde r-r aiy at. ” occupancy. 6 58 o f Assam Act I of 1929. Deletion of 14. Section 43 of the said Act shall be deleted, sec tion 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 c tiOn (2), na mely:— Act I of “ (2) Notwithstand ing any thin g con tained in the foregoing 1929. sub-section, if there is any arr ea r of rent due by the ten an t, the recovery of which is no t ha tred by the law for the time being in force as to limitat ion of suits for arrears of r en t, the paymen t may, at the opt ion of the landlo rd, be app lied first to such ar re ar ,” and (2) the existing sub-section (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 ar te r” shall be sub stituted and the A^sam Ac t w o r< i s t î a t q ua rte r” shall be del eted. 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 rtion of 18. After clause (a) of section 58 of the said Ac t, the follow- afteZdausc *n S P r o v ‘s o shall be add ed, namely :—• (a) of sect ion “ Provided that the land held in bona fide bu t found on measure­ ment to be in excess of the holding shall form pa rt of (he same hold ing ; and the ten an t thereof shall be liab le to pay ren t for such excess at the rat e of ren t of the original ho ldi ng .” 19 . In sub-section (1) of sect ion 59 of the said Act the words “ five ^p ie s” shall be deleted and for the words “ ten times” the words “ thre e times” shall be substituted. 20. Clause (</) of section 69 of the said Act shall be dele ­ ted. 1929. Amendm ent 21 . (1) For the existing proviso to section 70 of the said 70 ofA ss am A ct the following proviso shall be substituted, na mely:— Act I of “ Provided that a n und er- raiyat who has acq uired a limi ted 1929. righ t of occu pancy in the holding shall not be liable to b e ejected from such hold ing except on the gro und — ft ) that he has used the land in a manner render ing it unfit for the purp ose of the tenancy, or (ti) that 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 sect ion 59 o f Assam Act I of 1929. Am end ment of section 69 o f Assam Act I of r 7 Subst itu tio n o f a new sectio n fo r sec tion 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 prov ided elsewhere in this section, a divi- va l*icinCui'lest S*°n a t e n u r e o r hold ing or a dis trib ution of the ren t payable con sented to *n r e s Pe 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 entire body of landlo rds or thei r Cou rt. 1V agents duly auth orised in that behal f, 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 -rol l any entry showing tha t any tenure or holding has been divided or that the ren t payable in respec t thereof has been dis tribu ted , such landlo rd may be presumed to have given his express consent in writ ing to such division or dist ribu tion . (2) Th e Civil Co urt , on app lica 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 than the one made und er this sub ­ section or under an agre ement made between all the landlords and co-sharer tenant s in conformity with the provis ions of sub ­ section (1), may by order in writ ing, dire ct such division of the tenu re or hold ing or such dist ribu 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 other than the one of the na tur e referred to above if the Court considers it unfa ir 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-share r tenants, as the case may be, the prescribed 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 ; and (c) nothing contain ed in this sub-section sha ll be deemed to authorise a Co urt on an app lica tion f rom 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 tenant other tha n an app lica nt under this sub-section or a co-sharer ten ant who has been jo ined as a co-app li­ can t under sub-section (3). (3) On receipt of no tice of an app lica tion from a ten ant for division or dist ribu tion under sub-scction (2) a co-share r tenant may a pply to be joined as a co-a pplicant, and upo n such app lica ­ tion the Court shall jo in the said co-sharer ten an t as a co-appli ­ can t withou t fur the r notice to the land lord or landlords and the rem ain ing co -sharer tena nts. 8 (4) Every order of a Cou rt under sub-section (2) dire cting division of a tenure or holding or a d istr ibu tion o f the r en t there of shall also dire ct the supp ly to the land lord at the cost of appli ­ can t tenants, if any , of cert ified copies of the Co ur t’s o rder (toge­ the r with those of map and chitha, if required for the elucidation of the Co ur t’s order) and the paymen t of one rup ee as mu tat ion 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-share r ten an t for arrears of rent , if an y, up to that date, shall subsist in all the lands of the enti re tenu re or holding. (6) An appeal shall lie to the ord inary Civil Appella te Court from an order of a Court und er this section, provide d tha t it is presented with in thi rty days from the da te of such ord er and is accom panied by the prescribed fee .” Deletion of 23. Section 77 of the said Act shall be del eted, sec tion 77 o f Assam Ac t I of 1929. Am end ment 24. In sub-section (5) of section 79 of the said Act for the °f'Await)79 f igure‘43 ’, the figure and 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 sect ion 81 word “ raiya t” the words “ or under-raiy at” shall be inser ted and of Assain^Act t jl c following proviso shall be adde d at the e nd, nam ely :— “ Provided that he shall be ent itled to surrender the portion if any of his hold ing which has materia lly deter iorated afte r the commencement of the tena ncy due to deposi t of sand or any oth er cause beyond his c ont rol” . Am endm ent 26. In sub-section (I) of section 82 of the said Act , after the of Assam Act ®r s t t w o Pr o v *s n s the following shall be inser ted as an add ition al I of 1929. proviso, namely :— “ Prov ided further tha t if an under -ra iya t has a right of occupancy in the hold ing or a port ion thereof the land lord sha ll, before enterin g on the holding under this sect ion, offer the whole holding to the under -ra iya t at the ren t paid by the raiy at and on conditio n of the under -ra iya t paying off all arrears due from the raiy at. If the und er- raiyat refuses or neglects with in a reasonable time to accept the offer, the land lord may enter on the hold ing and let it to ano the r ten ant o r cu ltivate it himself.” x - Substitut ion 27. For section 83 o f the said Act the following section shall of new sec- be substituted, name ly: — tion lor sec­ tion 83 of Assam Act I of 1929. “ Abatemen t 83 . (1) If the enti re land of a tenure or hold ing or a of ren t on por tion of such lands are lost by diluvion , the re nt o f th e tenure account of o r hold ing shall be abated by an amount which bea rs the same anc T're-e n- Pr ° P o r t i° n to the ren t of the whole tenancy, as the are a lost bears try into to tha t of the whole tenancy. lands which (2) (a) Notwithstand ing a nything con tained 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 «■ and interest of th e ten an t or his successors-in-interest shall subsist in such l ands o r port ion the reo f during the period of loss by diluv ion not exceeding twenty years or till three years afte r the ir reappear anc e, whichever period is less. Th e ten an t or his succes­ sors-in-interest shall claim imm edia te possession of the lands or port ions 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 o f such lands. The land lord shall have a right to the arrears of r ent withou t inte rest in respec t of th e land which has rea ppe ared for the period during which it was lost or for three years, whichever is less. (6) The ren t of the lands which have rea ppear ed shall, for the purposes of the pay ment both of the arrears of ren t under this suD-section and of the ren t due the rea fte r (until such, ren t is modified in accordance with the provisions of this Ac t), be calc ulat ed on the basis o f the r ent of the remaind er of the tena ncy existing w hen possession of the lost land is resumed, 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 ent ire tenure or hold ing has been lost by diluvion, the ren t of the por tion the reo f which re­ app ear s shall be calcu lated in like m ann er on the basis of the rent exist ing when the ent ire tena ncy was lost. (3) Not hing shall preven t the accrual of righ ts under the ope ration of any oth er ena ctm ent in any port ion of the lands of a tenu re or hold ing which have been lost by diluvion , if such e lands thereaf ter rea ppear 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 c lause (a) of sub-section (2) an d the following clause shall be add ed as clause (Z>) :— “ (6) Notwithstand ing any thin g con tain ed in the preceding clause, an occupancy ten an t sha ll, 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 tenancy. Where land has been held by the ten an t con ti­ nuously for twen ty years all trees standing thereon shall be pre ­ sumed to have been pla nte d during (he pendency of the tenancy. Th e provisions of sub-sections (4), (5) and (6) o f section 15 shall apply mutatis mutandis to the cons truct ion of the expression ‘held by the t enan t cont inuo usly’ ” 10 Insertion of new sec­ tions. 29. At the end of Chapter 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 tlement in exceptional circumstan­ ces. 95A. (1) All the provisions of Ch apters II I, IV , V and VI of this Act rela ting to enh ancement of ren t are hereby suspended for a period of ten years from the date of the commencement of the Goalp ara T ena ncy (Amendm ent) Act, 1943. (2) Any provision for enhancement of ren t contained in any con tract ente red into between a landlord and a tenant during the period of ten years referred to in sub-section (1) is h ereb y decla red to be inoperativ e dur ing the said perio d. (3) Notwi thst and ing a nything contained in this Act or in any other law, the perio d during which a decree, ord er or con­ tra ct is rendered inopera tive under this section shal l not be taken into account in com put ing any period under the law of limita tion nor in cons truing the ter ms o f a con trac t. 95B. (1) The Provincial Government shal l, on being satisfied tha t the exercise of the powers here inaf ter mentio ned is necessary in the interests of publ ic ord er or of the local welfa re, invest a Revenue Officer with the following powers or either of them , na m ely:— (а) power 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 ren ts would on any ground, whether specified in this Act or not, be unfair or inequi table. (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) The ord er of the Revenue Officer shall be appeala ble before the Revenue Tribunal or such other authority as m ay be prescribed by the Provincial Governm ent.” 30. In sub-clause (to) of clause (Z>) of sub-sec tion (1) of section 98 o f the said Act, for the figure ‘43’ the figure and lett er ‘42A’ shall be substituted. 31. Sect ion 140 o f the said Act shall be deleted . * Amendment of section 98 of Assam Act I of 1929. Deletion of section 140 of Assam Act I of 1929. Deletion of section 141 of Assam Act I of 1929. Deletion of sections 142 and 143 of Assam Act I of 1929. « I 32. Section 141 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 147 s e c t, 0 ”f «<o r damages under section 57” shall be dele ted. Assam Act I of 1929. 11 Am endm ent 35. In section 148 of the said Act the “ semi-colon” afte- the ?48 of Assam w o r< ̂ “ju dg men t” occu rring for the second time shall be substi- Act I of tuted by a “ fullstop” and the rem ainder o f the section shall be 1929. dele ted. of”6 section 36. In sub-section (r) of section 152 of the said Act, the 152 of words and figure “ or damages awarded in lieu of interest under Assam Act section 57” shall be dele ted. I of 1929. Am endm ent 37. In clause (a) o f sub-sec tion (1) of sect ion 162 of the said ^ 2 CCt iOIof 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 pter 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 171 o f the said Act afte r the word “ ra iyat” , 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 “ fulls top” shall be substituted, and the 177 of Proviso shall be deleted. Assair Act I of 1929. Am endm ent of sect ion 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 ela ting to Palni tenures in so far as it rela tes to those tenures except tha t— (i) the provisions o f section 56 an d of clause (g) ol sub-sect ion (1) of section 171 shal l apply to all Patni tenu res and (i t) the expression “khudkast raiyat or resident and her edita ry cul tivato r” Bengal R e­ in sub-section (3) of section 11 of the Bengal gulat ion t , Patn i Taluks Regulatio ns, 1819, shall be deem ed V I i r of \ ' to include all raiy ats having a right of occupancy, 181 9 ' or ”. A.G.P. (L. C.) No.58-501-1-450 -14.7 -1943. scan0001 scan0002 scan0003 scan0004 scan0005 scan0006 scan0007 scan0008 scan0009 scan0010 scan0011