The ASSAM (TEMPORARILY SETTLED AREAS) TENANCY ACT 1971 (SINGLE DOCUMENT)
assam · 1971
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1(1) This Act may be called the Assam (Temporarily Settled Areas) Tenancy Act, 1971
- S. 2Section 2 exempts various types of land from the application of the Assam Tenancy Act 1971.
- S. 3Section 3 defines key terms used in the Assam Tenancy Act, including agriculture, agricultural year, agriculturist, holding, improvement, land, and landlord.
- S. 4Section 4 defines two classes of tenants and establishes that former privileged tenants become occupancy tenants, with rent unchanged.
- S. 5Section 5 grants a right of occupancy to tenants who have continuously held land for at least 3 years.
- S. 6Section 6 grants occupancy tenants permanent, heritable, and transferable rights to use and occupy their land.
- S. 7Section 7 states that a tenant's intestate right of occupancy in Assam descends like other property, subject to custom.
- S. 8Section 8 allows occupancy tenants to transfer their land with government permission but prohibits transfer to non-agriculturists and sub-letting.
- S. 9From the date of commencement of this Act, an occupancy tenant shall have no right to sub-let his land
- S. 10Section 10 allows occupancy tenants to use their leased land without harming its value or fitness for tenancy.
- S. 11Section 11 grants occupancy tenants rights to plant, enjoy, fell, and utilize trees on leased land, except for pre-tenancy trees without landlord consent.
- S. 12Section 12 mandates fair rent for occupancy tenants, with a cap and special provision for long-term, low-rate tenants.
- S. 13Rent of an occupancy tenant shall not be enhanced except as provided for in Chapter VII of this Act
- S. 14An occupancy tenant shall not be liable to ejectment from his holding except as provided for in Chapter IX of this Act
- S. 15Section 15 ensures non-occupancy tenants retain possession rights and restricts non-occupancy land transfers to specific entities for agricultural loans.
- S. 16From the date of commencement of this Act, a non-occupancy tenant shall have no right to sub- let his land
- S. 17Section 17 mandates non-occupancy tenants to pay fair rent up to a maximum rate specified in Section 28.
- S. 18Rent of a non-occupancy tenant shall not be enhanced except as provided for in Chapter VII of this Act
- S. 19A non-occupancy tenant shall not be ejected except as provided for in Chapter IX of this Act
- S. 20Section 20 prohibits new subtenants but allows existing ones to retain their holdings until they gain full rights.
- S. 21Section 21 grants occupancy tenants and under-tenants rights to acquire ownership and intermediary rights from landlords, except for certain protected categories.
- S. 22The section allows the State Government to transfer landlords' rights to tenants or under-tenants, freeing them from prior encumbrances.
- S. 23Section 23 allows occupancy and under-tenants to apply for ownership rights after paying compensation to the landlord.
- S. 24Section 24 sets the compensation for acquiring ownership and intermediary rights at 50 times the annual land revenue.
- S. 25Section 25 outlines landlord's revenue entitlement and compensation distribution for tenancy in temporarily settled areas of Assam.
- S. 26Section 26 outlines the process for compensation determination and payment upon land acquisition under the Act.
- S. 27Section 27 limits rent for tenants in temporarily settled areas in Assam to a specified maximum rate.
- S. 28Section 28 sets maximum rent rates for tenancy in Assam, based on land revenue or crop produce, with exceptions for natural calamities.
- S. 29Section 29 allows rent increase for tenants based on land productivity growth, improvements by landlord, or revenue rate hikes.
- S. 30Section 30 allows landlords to apply for rent enhancement based on specific grounds, with Deputy Commissioner's inquiry and inspection.
- S. 31Section 31 allows rent reduction if land productivity, area, or landlord's revenue rate decreases due to specified reasons.
- S. 32Section 32 allows tenants to apply for rent reduction to the Deputy Commissioner, who will investigate and decide accordingly.
- S. 33Enhancement or reduction of rent, as the case may be, will take effect from the date of the order of the Deputy Commiss
- S. 34Section 34 specifies cash and crop-rent payment timelines relative to land revenue due dates.
- S. 35Rent not paid when it falls due shall be deemed to be an arrear
- S. 36No arrear of rent shall be realisable otherwise than by a rent-suit filed in the competent Civil Court
- S. 37Section 37 mandates landlords to provide tenants with a detailed written receipt for rent paid, or else pay compensation.
- S. 38Section 38 allows tenants to deposit rent with a Revenue Officer if the landlord refuses to accept it, with the officer handling the rent based on circumstances.
- S. 39Section 39 allows sale of an occupancy tenant's holding to satisfy unpaid rent, instead of ejectment.
- S. 40Section 40 mandates the competent Civil Court to issue an attachment order and a sale proclamation upon landlord's application.
- S. 41Section 41 mandates the publication of a sale proclamation by posting it on the land, the court, and mailing it to the defaulting tenant.
- S. 42Section 42 delays the sale of temporarily settled areas tenancy until 30 days after compliance with Section 41 conditions and notice to debtor.
- S. 43Section 43 outlines the auction sale process for temporarily settled areas' tenancy, with specific provisions for religious institutions.
- S. 44Section 44 specifies how proceeds from the sale of a tenant's holding are to be distributed after government costs.
- S. 45Section allows defaulting tenants or interested parties to challenge a sale by depositing required amounts within 30 days.
- S. 46Section 46 allows defaulting tenants or others to challenge a sale within 60 days if there's an irregularity, fraud, or mistake, but only if they prove substantial injury.
- S. 47Section 47 confirms the sale if no application to set it aside is made or if an application is disallowed.
- S. 48Section 48 allows auction purchasers to acquire holdings subject to existing lawful encumbrances like public worship or burial grounds.
- S. 49Section allows sale of tenancy holdings to recover government loans or dues, prioritizing rent as first charge on proceeds.
- S. 50Section 50 forfeits tenant's interest for unauthorized subletting or transfer, deems agriculturist transferees as tenants, and voids non-agriculturist transfers.
- S. 51Section 51 protects tenants from arbitrary ejection by landlords, allowing removal only through court decree for specific, outlined reasons.
- S. 52Section 52 provides compensation for lawful improvements made by tenants before their ejectment, based on several factors.
- S. 53Section 53 provides compensation to tenants ejected from holdings for crops, land preparation, trees, and dwelling sites.
- S. 54ASection 54A prohibits tenant ejection without a court decree and requires landlords to serve notices for compliance before filing ejectment suits.
- S. 55Section 55 allows the State Government to direct preparation of land records for tenants if settlement operations are inactive.
- S. 56Section 56 specifies details to be recorded in orders under Section 55, including tenant names, tenancy classes, land details, rent, and rent increase specifics.
- S. 57Section 57 outlines the process for publishing and finalizing a draft record of rights after considering objections.
- S. 58Section 58 establishes procedures for certifying and proving the final publication of records-of-rights in temporarily settled areas in Assam.
- S. 59Section 59 allows appeals against Settlement Officer orders to the Director of Land Records and empowers the State Government to revise records of rights.
- S. 61Section 61 allows the Deputy Commissioner to register new ownership after verifying changes in tenancy.
- S. 62Allows aggrieved parties to challenge and cancel registration orders made after local verification, triggering further enquiry.
- S. 63Section 63 mandates that tenants must get Deputy Commissioner's approval and meet specific notice requirements to voluntarily surrender their holdings.
- S. 64Section 64 allows landlords to reclaim abandoned land after two years if tenants leave without notice, cease cultivation, and are untraceable.
- S. 65Section 65 clarifies that when landlord and tenant interests unite, the person holds the land as a proprietor, not a tenant.
- S. 66Section 66 restricts Civil Court jurisdiction over tenancy disputes, assigning it to Revenue Courts.
- S. 67Section 67 outlines the appeal process for decisions made under the Act, specifying timelines and authorities for appeals.
- S. 68Section 68 grants civil courts jurisdiction over landlord-tenant suits, except as specified in Sections 66 and 67, and allows modification of civil procedure rules for such cases.
- S. 69(I) The State Government may, from time to time
- S. 70The section allows the State Government to delegate certain powers of Deputy Commissioners to Revenue Officers or Settlement Officers.
- S. 71Section 71 penalizes willful non-compliance or obstruction in following the Act's requirements or lawful orders.
- S. 72Section 72 provides immunity from legal action for actions taken in good faith under the Act.
- S. 73The Deputy Commissioner can request documents or information from anyone to fulfill duties under the Act.
- S. 74Section 74 grants officers and authorities investigating or appealing under the Act the powers of a Civil Court to enforce attendance, compel document production, and issue commissions.
- S. 75(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of the
- S. 76Section 76 repeals previous tenancy acts but preserves their existing effects and validity.