The Sylhet Tenancy (Amendment) Act, 1961

146 :Power of 28. (1) The State Government may make rules 'tt;i.te Go- for carrying out the purposes of this Act. vc·nuReRt to Jnakc rules. (2) All rules under this Section shall be laid for not less than fourteen days before the Assam Legislative Assembly as soon as possible after they are made, and shall be subject to such modifications as the Legislative Assembly may make during the Session in which they arc so laid or the Session immediately following. 1rr; I • - ASSAM ACT No.XX.VI OF 1961 THE SYLHET TENANCY (AMENDMENT) ACT, 1961 (As passed by the Assembly) (Received the assent of the Governor on the 27th December 1961) : ! [ flublishcd in the Assam Gazette, Extraordinary, dated the 28th December 1961. ] l"rcamble, An Act further to amend the Sylhet Tena11c11 Act, 1936 . . Assam /let \VHEREAS it 1s expedient further to amend Xlof lli36, !he Sylhet Tenancy Act , l\J~iG , hereinafter called the Principal Act, in the manner hereinafter appearing :- It is hereby enacted in the Twelfth Year of the Republic of India as follows :- Short title 1. ( 1) This Act may be called the Sylhet Tenan- and com- cy (Amendment) Act 1961. menccment. · ' Amendment ofSe tion 3 ef Assam Act XI of 1936, (2) It shall come into force at once. (3) It shall have the like extent as the Principal Act. 2. In Section 3 of the Principal Act,- ( 1) in clause ( 16) , the colon after the word "person" shall be deleted and the following words and colon shall be added, namely :- "and includes a person who holds land of another persoP "'nder the system known as 147 "Chakran", "IGran", "Non-kar", "Etmander", "Bhandari" or the like on condition of rendering service to that person" : (2) for the explanation, the following shall be substituted,- "Explanation.-A person who cultivates the land of another person under the system gene­ rally known as 'Adhi', 'Barga' or 'Bhag' on condi­ tion of delivering a ~hare of the produce Lo that person is not a tenant". Amend.ment ~. In section 5 of the Principal Act, in sub- ooff ~5cctionA'tsec tion (2), thC' full-stop at the end shall be deleted n ssam c . XI of 1936, and Lhe follow111g words and full -s lop shall be added, namely :- "and also includes a person who holds lands of another person under the system known as 'Chakran', 'IGra n ', 'Non-kar', 'E lmander', 'Bhan­ dari' or the like on condition of rend ering ser­ service to that person : " Deletion of 4. Section 2G of the Principal Act shall be section 26 of deleted. Assam A.cl xr of 1936. 8ubstituti ·m 5. For Section 30 of the Principal Act, the o_f new sec- following section shall be subs ti Luted , namely :-lion 30 of · Assam A.ct XI 0 1 193f;, " \!anner of tr<&n,f~r anci notice to landlord. ~O. ( 1) Every transfer shall he made . . hy regis ­ tered instrument. except in the case of a beques t or a sale in execution of a decree or a certificate signed und er the Bengal Public Demands Reco­ very Act, 1913. (2) A registering officer ::.i,all not admit for registration any such instrument unless it is accompanied hy- (a) a notice giYing particulars of the trnns ­ fer in the prescribed form ; and (b) l]J(' process fee prcscribC'd for the ser­ vice of ' such no lice on the landlord or his common agent, if any. Bengal Act III of 1 !!13 Deletion of teetion • 31 of Assam Ai:t XI of 19!56. 148 (3) Where any such instrument 1s admit ted to registration, the registering officer shall send to the Deputy Commissioner the notice of the transfer in the prescribed form, and th e Deputy Commissioner shall cause the notice to be served on the landlord named in the notice or his common agent, if any, in the prescribed manner : .Provided that when a sole land lord .purchases a holding or a share or a portion thereof no notice need be served. (4) Jn case:: of a bequest, the Court shall, before gran ting a probate or letters of administration , require the applican t rn file a not ice giving particulars of t ransfer in the prescribed form and to deposit a process fee of the presci;ibed amount for service on the landlord or his common agent , if any. When probate or letters of administration have been granted, the Court shall send to the Deputy Commi·s­ sioner the notice : Provided that in case of a bequest by a M aho­ medan, where no probate is applied for, the executor or legatee shall file the notice and deposit the process fee in t he Court of the Deputy Commis~ione r." 6. Section 31 of the Principal Act shall be deleted. sybstitution 7. For section 32 of the Principal Act , thefo \l owing ~io~e~r :~~: section shall be substituted, namely :- tion 32 of Assam Act XI of 1936, .. Proccdur:: 32. (1 ) When the holding of an occupancy raiyat on sale in or a portion or spare thereof is sold in execution of a cs:ecution of decree or certificate signed under the Bengal Public Beng1\I Act ~rtifi~~~~ce, Dem'.1nds Recovery Act, 1913, other t.han a decree or III of 1913 or foreclosure certificate for arrears of rent due m respect of the of mortgage. holding or dues recoverable as such, and neither the purchaser nor the decree holder is the sole landlord, the Court or the Revenue Officer, as the case may be, shall before confirming the sale, require the purchaser to file a notice giving particulars of the transfer in the prescribed form and to deposit in addit ion to the purchase money a process foe of the rrescribed amount. (2) When a mortgage of a holding of an occu­ pancy raiyat .or of a portion or share thereof is fore· dosed, and decree-holder is not him self the sole landlord, the Court shall, before making a dec1ee or order absolute for the foreclosure, require the mort­ gagee to file a notice giving particulars of the transfer Ddction of section 33 of Alllam Act XI of 1936. 149 in the prescribed form and to depo~it a prJce3s fee of the pr,~sc ribed amount. (3) If the purchaser fails to comply with the order of the Court or Revenue Officer under sub­ section (1) within such time as may be specified in the said order, the Court or the R evenue Officer may make an order for the forfeiture of the purchaEe money and for the re-sale of the holding or portion or share thereof. If the mortgagee fails to comply with the order under sub-section (2) within such time as may be specified therein, the Court may make an order for dismissal of the suit for foreclosure. · (4) When the rnle ha~ been confirmeq or the decree or order absolute- for the foreclosure has been made, tl1e Court ~hall senrl t0 the Deputy Commis­ sfoner the notice uf the sale or final foreclosure in the prescribed form, and the Deputy Commissioner shall cause the notice to be served on the landlord named in the notice or his common agent, if any, in the prescribed manner. (5) After receipt of a notice of transfer under section 30 or 32, the landLird shall not refuse to recognise the transferee as the tenant in re;pect of the holding or portion or share thereof transferred nor omit to enter the transferee's name in the landlord '5 rent-roll in place of that of the transferor, or where only a share or a portion of the transferer's interest has been transferred,along with the name of the transferor: Provided that such recog.nition shall not operate as the admission of the am mnt or fixity of rent or of the area or of any incident of such occupancy holding or be deemed to constitute an express consent of the landlord to the di vision of holding or to the distribu­ tion of the rent payable in respect thereof: Provided further that if a transfer is subsequently set aside or modified by a competent authority, the party in whose favour such order has Leen made shall, unless such order has been passed in a suit, appeal or other proceedings to which the bndlord or the entire body of landlords was a party, file with the Deputy Commissioner a notice describing the modifica­ tions made by such order and deposit the prescribed fee for the service of such notice. The Deputy Commissioner shall cause the notice to be served on the landlord named in the notice or his common agent, if any, in the prescribed manner. The landlord, on receipt of such notice, shall ca:.: se his rent-roll to be c•rrccted accordingly." U. Section.33 of the Principal Act shall be deleted. Dcleuon of >Cction 35 of Assam Act XI of 1936. Amendment of section 36 of Assam Act XI of !1.'26, 150 9. Section 35 of the Principal Ac t shall be tieleted 10. In section 36 of the Principal Act- (a) In sub-section (1) for the words and figure! "~ections 30, 31, 33 and 35" the word and fi gu res "section 30., shall be substituted ; and (b) In sub-section (2) for the words and figures "Sections 21, 30, 31, 33 and 35" and "Sections 30, 31, 33 and 35" che wcrds and figures ''sections 29 and 30" shall resi ecti vely be sub~titu ted. De:etion ot 11. Section 37 of the Principal Act shall be 1c-ction 37 deleted . of Assam Act XI of !936. - Amendment 12. In section 39 of the Principal Act for the of section 39 figures and words "30 to 33 and 35 to 38" the figures of Assam • Act XI of and words "30, 32, 36 and 38" shall be substituted. \936. Deletion of 13. Section 62 of the Prinr.ipal Act shall be section 62 deleted. of Assam Act XI of lq36. lusertinn of 14. After section 214 of the Principal Act, thr ~~jyt~~ foll~wing Chapter shall be inserted, na mely: - As.•a•n Act ·n "f 1936. "CHAPTER XIII Special provision for a person who holds lands of another perscn under the system known as "Chak­ ran", "Kiran' ', "Non-kar", "Etmander" or "Bha n· dari" or the like on condition of renderin g service to that person. Status of 215. Subject to the provi>ior.s of section 217, a per· "~Kh~kra~", son who ·holds land of another person under the iran ' k "Ch k " "K' " "N k " "Nm,-hr'' ~ystem nown as a ran , iran , on- ar , -<•p .• .., .. 'l.' "Etmander", "Bhandari", or the like, on condition der'', of rendering service to that person, shall, for the ::,Bhant· purpose of this Chapter, be deemed to be a raiyat, fike :S rtai~ and all the provisions of the foregoing Chapters of yat. this Act shall apply except as hereinafter provided, lsi O?licatioll of 216. (1) The raiyat shall be under no obliga­ raiyat te pay tion to render such service as he used to do to rea t. the landlord in respect of his land immediately before the commencement of the Sylhet Tenancy (Amendment) Act, 1961, but shall be liable to pay only money-rent in respect of his land at the rate prevailing for land of similar nature and description and with similar advantage in the vicinity. (2) In case of any dispute as regards rate of rent payable under sub-section ( 1) the matter shall be referred to the Court for decision. Statm of 217. (1) Notwithstanding anything contained in " Chakran", section 215 of this Act a person who holds land "Kiran'', of another person , under the system known as "~on-ka,", "Chakran" "I<iran" "Non-kar" "Etmander" "Etinander" · ' ' - ' . ' a•d "Bhandari" , or the like , shall not be deemed to "Bhandari" have acquired any tenancy right in respect of or the like on the homestead land occupied by him within the th~ home- Khanabari of the landlord. stead land within the Klaaaabari of the land- lord, (2) In respect of such homestead land as referred to in sub-section (1), the occupant shall, notwithstanding any contract, usage , custom or anything contained in section 143 (1) (c) of this Act, be enlilled to continue in occupation of the homestead land on payment of a reasonable rent. (3) In case the homestead land is required by the landlord for his personal use, he may resume the same provided that for such resump­ tion the landlord shall give notice in the manner prescribed to the occupant for his intention to do so: Provided further that if the occupant has con­ structed a house in the homestead land at his own cost for his dwelling purpose, the landlord shall pay reasonable compensation to the occu­ pant before the land is actually resumed. ( 4) In case of any dispute as regards the reasonableness of the rate of rent or the amount of compensation the matter shall be referred to the Court for decision. / 152 (5) In determining the amount of eompen­ sa [ion under sub-section ( 4), the Court shall take into consideration the cost of dismantling the house and reconstructing it is another site includ­ ing the cost of removal of the marterials thereto but no t the value of the land used for such re­ construction". / f\GP 17 /64 Leg(A) -2,550-24-9-70.