The Sylhet Tenancy (Amendment) Act, 1970

ii insertion.of 4. After seclion 182 of the principal Act, ' the ~~~ !~~1fa: following new sections shall be inserted, namely:- in Assam Act I of 1929. ' - " 183. ( 1) The Assam Adhiqn Protection and Regula- tion Act, 1948, so far as it applies to the area5 in \\ hich the principal Act (The Goalpara Tenanc)' Ac_t, 1929) is applicable, is hereby repealed. (2) On such rer«'l.l, ~11 the prov1s1ons of this Act shall be ap plicable t'o the Adhiars within the meaning of the A~rnm Adhiars Protection and Regula­ tion Act, 1948 hereby repealt d and suc.h Adhiars will ;.cquire the stat us · of an under-raiyat with or without a limited right of occupancy as the case may be, under lhis Act. 184. On the repeal of the Assam Adhiars Protection and Regulation Act, 1948. - (1) The Adhi Conciliation Board shall be deemed . to have tieen aboli ,hed and all tte members thereof and the office rs working therein shall be deemed to have relinquished their, po~ts as members of .officers, as the case may be, of the Board . . (2) All the proceedings per,ding before the Adhi Conciliation Board shall stand transfo red to the Civil Court competent to entertain and dispose of the matter a~ if the proceedings were rent ' uits bctwe:en the par­ ties and the Court shall proceed to dispose of tl>e same as rent suit.'' ASSAM ACT V OF 1971 . (Received the assent of the Governol' on the 3rd February 1971) THE SYLHET TENANCY (AMENDMENT) ACT 1970 [Published in the Assam Ga;;,ette Extraordinary, dated the 9th February 1971) An Preamble. Act further to amend the Sylhet Tenancy Act, 1936. Whereas it is expedient further to amend the Sylhet Actuz Act Tenancy · Act, 1936, hereinafter cdlled the prinoipt\l XI of 1V06, Act, in the manner hereinafter ap~earini i 8hort title , extent and commence­ ment, Amendment of sectio n l of Allam A.ct XI ' 19361 I t is hei eby enacted in the Twenty-first Year of the Republic cf Indi" as follows:- 1. (1) This Act m ay be called the Sylhet Tenancy (A.mendment) Act , 1970. (2) It sh 3. ll have the likt extent a > the principal Act , (ii) ) ish,dl come into force at once. 2. In section 1 of the principal Act, tl!e Explana­ tion shall be subs:ituted as follows ,- "Explanation :-Purposes ancillary to special cultiva• t ion shall mean the following:- (i) land used for factory buildings (ii ) land used for staff buildings including' Jabour Jines ; (iii) land used for roads, bridges and drain w1~hi n the tea estates ; (i ; ) land used for n Ltrseries including shade trees J (v) land used for hospitals, dispensaries, creche 2nd recreation club; 1vi) land used for any other buildings made uy the management under other law in force ; \_Vii) land Used for seed barJ.·l . ,, Am!ndment 3. In section 3 of the principal Act,--· of section 3 of Assam . Act XI of 19.fo. ' (1) In sub-section (16),- (a) after the words " to t hat person " occurring at the end, the following sh all be addeL! namely:- ''and also includes a pason who cultivates the land of another person under the system generaily known as 'Adhi' (whether Guchiadhi or Gutiadhi), 'Barga', or 'Bhag', 'Ghukti' er 'Chukani', on condition of delivering a share 0f the produce of such land to that person." • (b) The Explanation shall be deleted and the following shall be inserted as second proviso, namely: - . "Provided fu rther that labourers employed for personal cultivation shall not be deemed to be tenant." (2:. in sub.section (18),- (a) after the· word "tenant'~ occurring at the end, the following shall be added, namely z- "and shall include the share of crop deliverable t.r a tenant." (b) The following shall b' inserted as explana· tion, namely:- "Explanation.-Share of crop will be determined by mutual agreement between landlord and the tenant: Provided that the landlord's share shall not exceed one-fifth of the principal crop." (3) after sub·section (28), the following shall be inserted as sub-sections ( 29), (30), (31) and (32) # . namclyz- " (29) 'Principal crop' shall mean only one crop for each agricultural year as may be agreed upon mutually between the landlord and the tenant: i4 Provided that where there· is no agreement, tne principal crop shall be only one agricultural crop grown in each agricultural year in the local area specified as follows:- In the district of Cachar-Sali or such local name generally used in respect for paddy known as winter paddy, the harvesting of which is done in the months of December~ .January and February corresponding to Pausa, Magha and Phalguna." " ( 30 ) 'Money rent' in relation to rent payable in crop share for purpose of deposit into Court a nd for calcula tion of arrear rent is the mooey value of the crop deliverable by a tenant to a land­ lord and such money value shall be computed on the basis of the market value of that crop prevailing at the time of harvesting in the locality concerned." " ( 31 ) 'Personal cultivation' means cultiva­ tion by the pers0n himself, or by member of his family or by his hired labourers on fixed r emuneration payable in cash or kind but not in crop share, under personal supervisions of the person himself or "ay member of his family: Provided it is accompanied by the bearing of risks of r.ultivation by the owner and by residence in the village in which the land is situated or nearby village or town within a distance of 5 miles during the greater part of the agricultural season: l~rovider:l that in the case of .. a person who is a widow or a minor or is subject to any physical or ment~l di~ability or is a mcmt er of the Defence forces of the Indian Union or is a student below the age of 21 years of an educational Institution recognised by the State Government, the land shall . be deemed under personal cultivation even in the absence of such personal supervision." "(32) "Fair rent in relation to rent payable in crop share' means the rate of rent not exceeding one­ fifth or' the produce of the principal crop grown -in each agricultural year: Provided that where the crop fails due to natural calamities and the payment of crop share is not possi­ ble due to circumstances beyond the control of the tenant, a sum equal to double the annual land revenue or rent payable by his immediate land lord for 1uch holding shall be fair rent.'! - , 15 Air.end!llent 4. In section 5 of the principal Act, in sub-sec· · 0 f ~hon 5 tion (2), the full-stop at the end shall be deleted and Act ,;.f (o)f the following words followed by a full-stop shall be 1936. added, namely:- "and furtqer includes a person who cultivates the land of another persons under t:he system gel'J.erally known as 'Adhi' (wheLher Guchiadhi or Gutiadhi), 'Barga', 'Bhag', 'Chukti' or 'Uhukani' on condition of delivering a share of the produce of such land to that r>erson." A.ddition of 5. After section 210 of the principal Act, the sectioM. foiiowing sections shall be inserled, namely:-- "Repeal an~ 210A. (I) The Assam Adhiars Protection and Savini!'. R-:gulation Act, 1948, so far it applies to the Sub­ division of Karimganj in the District of Cachar is hereby repealed. (2) On such repeal, all the prov1S1ons of this Act, shall be applicable to the adhiars within the meaning of the Assam Adhiars Protection and' Regulation Act, 1948 hereby repealed and such adhiars will acquire the status of occupancy and non• occupancy tenants, as the case may be, unaer this Act. Abolition of 21 OB. 0 n the repeal of the Assam Adhiars Assa..., Aet. XII of l<J48. the Ad hi ProtectioP "lnd Regulation Act, 1948 ,-- Conciliation · Board and disposal of pending cases. ( l) the Ad hi Conciliation Board shall be deemed to ha\e been abolished; and all the members thereof and the offices working therein .shall be deemed to have relinquished their posts as members .or officers as the case may be, of the Board. (2) all · the proceedings pending before the Adhi Conciliation Board shall stand transferred to the Civil Court competent to entertain and dispose of the matter as if the proceedings were rent. suits between the parties and the Court shall proceed to <lispose ('f the same as a rent 11uit."