Amendment status not verified — confirm the current text below against the official source.
In section 4 of the principal A ct,— of section 4 of Assam Act 1 of 1929. (1) In clause (17),— (a) after the word “ tena nt” the punctuation - shall be deleted and the following shall be added, nam ely: — 4 “ and shall include the share of crop deliverable by a tenant (b) For the second parag rap h, the following shall be substituted, namely:— “ Provided th at where Government is a landlord, rent shall be paid in cash and not in kind;” 9 (c) After the second parag raph as so substituted following shall be added as the third paragraph, nam ely: — “ Share of crop shall mean the share of the principal crop grown in each agricultural year and will be determined by mu tual agreem ent between the land lord and the tenant, subject to the maximum of one- fifth of the produce of principal crop grown in each agricultural year, but shall not exceed fair rent : Provided that landlo rd’s share shall not exceed fair rent.” (2) in clause (20),— (a) the punctuation “ ,” occurring between the words “person” and “bu t” shall be deleted * and the following shall be inserted followed by the punctua tion namely :— “ and includes a person who, under the system generally known as “ adhi (whether Guchiadhi or gutiadhi) ‘barga’, ‘bhag’, ‘chukti’ or ‘chukani’, cultivates the land of anothe r person on condition of delivering a share or quantity of the produce of such land to that person.” (b) the following proviso shall be added, name ly:— “ Provided that the labourers employed for personal cultivation shall not be deemed to be tenant within the meaning of this clause.” (c) the explanation (2) shall be deleted. (3) After clause (21) the following shall be inserted as clauses (22), (23), (24) and (25), nam ely:— “ (22) ‘Principal crop’ shall be only one crop for each agricultural year as may be agreed upon mutually between the landlord and the te nant: a Provided that where there is no agreement, the principal crop shall be only one agricultural crop grown in each agricultural year in the local area speci fied as follows:— In the district of Goalpara—Saii or such local name generally used in respect of paddy known as winter paddy, the harvesting of which is done in the months ol December, January and February corresponding to Pausa, Magha and Phalguna. 10 (23) ‘Money ren t’ in relation to rent payable in crop share for purpose of deposit into court and or calculation of arrear rent is the money value of the cro p deliverable by a ten ant to a landlord and such money va’ue shall be computed on the basis of the market value of th at crop prevailing at the time of harvesting in the locality concerned. (24) ‘Personal cultivation’ means cultivation by the person himself, or by mem ber of his family or by his hired labourers on fixed rem uneration payable in cash or kind but not in crop share, under personal supervisions of the person himself or any member of his family, provided it is accompanied by the bearing of risks of cultivation by the owner and by residence in the village in which the land is situated or nearby village within a distance of 5 miles during the greater part of the agricultural season: Provided that in the case of a person who is a widow or minor, or is subject to any physical or mental disability or is a member 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. ;25' ‘Fair rent in relation to ent payable in crop share’ means the rate of rent not exceeding one-fifth of the produce of the principal crop grown in each agricultural ye ar : Provided that where the crop fails due to natural calamities and the payment of crop share is not possible 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 such holding shall be fair rent.” Amendment