Amendment status not verified — confirm the current text below against the official source.
For section 25 of the said Act the following section shall 2 X S b « suta iw te d, namely tion 25 of Assam Act I of 1929. “ What kind 25 , (1) An occupancy ten ant may enter into a complete of usufruc- usufructuary mortgage in respect of his holding or a portion or gage occu- share thereot lor any period which does not or cannot, in any pancy possible event, by any agreement, express or implied, exceed nine tenant may years ; and notwithstanding anything contained in this Act or execute. j n a n y o jher law or in any contract, no other form of usufructuary mortgage so entered into after the commencement of this Act shall have any force or effect. (2) Notwithstanding anything contained in this Act or in any other law or in any contract, every usufructuary mortgage sub sisting on the date on which the Goalpara Tenancy (Amend ment) Act, 1943,comes into force, which was so entered into before the commencement of this Act shall be deemed to have taken effect as a complete usufructuary mortgage for the period mentioned in the instrument or for twelve years, whichever is less. (3) Notwithstanding any contract to the contrary entered into before or after the commencement of this Act such a complete usufructuary mortgage or a mortgage 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-section (2) as the case may be. 4 (4) Every complete usufructuary mortgage entered into after the commencement of this Act shall be registered under the Act X V I of Indian Registration Act, 1908. l y °8- (5) Notwithstanding anything contained in this Act or in any other law, no document creating or purporting to create (a) any other form of usufructuary mortgage or (Z>) a complete usufruc tuary mortgage for a period exceeding nine years shall be received in evidence or acted upon in any Court or by any public servant : Provided that such a document executed before the com mencement of this Act may be so received in evidence or so acted upon as a complete usufructuary mortgage for the period mentioned therein or twelve years, whichever is less. (6) Notwithstanding anything contained in this Act or in any oth er law or in any contract, the consideration (with all interest thereon) for a complete usufructuary mortgage or for any other form of usufructuary mortgage deemed under sub-section (2j to have taken effect as a complete usufructuary mortgage entered into by an occupancy ten ant in respect of his holding or a portion or share thereof, shall be deemed to have been extinguished on the expiry of the period, («) mentioned in the instrum ent of the mortgage, or (6) of twelve years from the date of the registration of the instrument, whichever is less, or where there is no registered instrument, from the date of the mortgagee’s entry into possession, and the mortgagor shall there upon become entitled to possession of the mort gaged holding, and he may, if he is not forthwith given possession, apply to the Court or to a Revenue Officer to be restored thereto : Provided that, if in the case o f such a mortgage subsisting on the date on which the Goalpara Tenancy (Amendm ent) Act, 1943, comes into force, the said period has, on the date of the commencement of the said Act, already expired, the mortgagor shall, immediately on the commencement of the said Act, become entitled to possession of the mortgaged holding ; but he shall not be entitled to, nor shall the mortgagee be liable for, any com pen sation in respect of the mortgagee’s possession from the date of the expiry of the said period to the date of the commencement of the said Act. (7) An application under sub-section (6) shall be accompa nied by a process fee of the prescribed amount for service of notice on the mortgagee, and the Court or Revenue Officer to which such an application is made, may, after service of such notice, award to the mortgagor such compensation as appears equitable in respect of the period during which the mortgagee retained possession after the date on which the mortgagor became entitled to be restored to possession, and may pass an order restor ing the possession of the land mortgaged to the mortgagor, and such order shall have the effect of a decree of a Civil Court. Explanation.— A“ complete usufructuary mortgage” means a transfer by a tenant of the right of possession in any land for the purpose of securing the payment of money or the return of grain advanced or to be advanced by way of loan, upon 5 the condition that the loan, with all interest thereon, shall be deemed to be extinguished by the profits arising from the land during the period of the mortgage.” Am endment