The Assam (Temporarily Settled Districts) Tenancy Act, 1935
assam · 1935
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1Substituted by the A
- S. 2Substituted by Assam Act I of 1943 for ‘-'raiyats”
- S. 3Substituted by Assam Act I of 1943 for "raiya ts”
- S. 4Number (i) an d item (ii) deleted by Assam Act, X X V ll of 1953
- S. 5Substituted by ibid
- S. 6Section 6 allows landlords to apply to court to convert traditional "bhog" payments to cash rent at revenue rate if tenants default.
- S. 9Section 9 protects privileged raiyats from eviction except for misuse of land and regulates inheritance and transfer rights.
- S. 12A privileged raiyat shall have a right of sublet- subletting
- S. 13Section 13 grants occupancy rights to a person who has continuously held land as a tenant for 12 years.
- S. 14Section 14 allows a raiyat to use settled district land without significantly reducing its value or fitness for tenancy.
- S. 15Section 15 grants a raiyat occupancy rights to plant, enjoy, and utilize trees on leased land, with landlord consent for pre-existing trees.
- S. 16Section 16 ensures fair rent and protection against unjust eviction for occupancy raiyats in Assam.
- S. 18Section 18 governs the inheritance and transfer of occupancy rights in intestate deaths, with restrictions for religious institutions.
- S. 20An occupancy raiyat shall have right of R ; h t f sublettii
- S. 21Section 21 prevents rent increases for occupancy raiyats paying in money unless specified by the Act.
- S. 22Section 22 allows written, registered rent increases for Assam tenancy, up to a limit, for 15 years.
- S. 23Section 23 allows landlords to apply to the Revenue Court for rent increase if the current rent is too low or land productivity has increased.
- S. 24Section 24 determines rent enhancement criteria, focusing on neighborhood rent levels and specific tenancy circumstances.
- S. 25Section 25 regulates rent enhancement for landlord improvements in Assam's Temporarily Settled Districts.
- S. 26Section 26 limits rent increases due to temporary improvements from fluvial actions to the maximum calculated rate.
- S. 27Notwithstanding anything in sections 24—26 Enhancb
- S. 28Section 28 allows courts to phase in rent increases over up to 10 years if immediate enforcement would cause hardship.
- S. 29Section 29 of the Assam (Temporarily Settled Districts) Tenancy Act, 1935, prohibits rent enhancement applications filed within fifteen years if the rent was previously increased by contract or order.
- S. 34Section 34 allows courts to order gradual rent enhancement in ejectment suits to avoid hardship, with failure to agree leading to dismissal.
- S. 35Section 35 allows ejected non-occupancy tenants to reclaim their holding if the landlord sublets it within two years.
- S. 36A non occupancy holding shall descend in holding
- S. 38Section 38 mandates that under-tenants must pay agreed rent to landlords, not exceeding the rent paid by their immediate landlord by more than 10 percent.
- S. 39Section 39 outlines the grounds for ejecting an under-raiyat in Assam, including non-payment of rent and lease expiration, with exceptions for long-term tenants.
- S. 40The court can dismiss ejectment suits if it finds that full enhancement would cause hardship, unless the tenant agrees to a progressive enhancement deemed fair by the court.
- S. 41Section 41 allows a ejected tenant to seek restitution if landlord sublets land within three years.
- S. 42Th e holding of an under-raiyat shall descend holding
- S. 43An under-ratyaf has no right of subletting
- S. 44Section 44 limits rent agreements and court-ordered increases to the maximum rent for the land.
- S. 45Section presumes tenants' rent and conditions unchanged unless proven otherwise, with adjustments based on revenue rate changes.
- S. 47(1) Any tenant holding land in a temporarily- Reduction settled estate to which this Act applies may apply to
- S. 48Section 48 allows tenants to apply for rent reduction if land deteriorates without their fault, and directs the court to investigate and adjust rent accordingly.
- S. 50(I) Subject to agreement or established usage •f rent
- S. 51(1) Every tena nt who makes a pay ment on Rent ie account of rent to his landlord shall be entitled to ceipis
- S. 52Section 52 allows tenants to seek compensation from landlords who fail to provide receipts for rent paid.
- S. 53Section 53 allows tenants to deposit rent in court if the landlord refuses to accept it or if there's a bona fide doubt about who should receive it.
- S. 55The Court receiving th - deposit shall give a R e c e i p receipt for it under its seal
- S. 56Section 56 outlines procedures for handling rent deposits, including forwarding to landlords, notifications, and repayment after three years if no action is taken.
- S. 57When a tenant is a privileged raiyat or an L ia bility occupancy r liyat
- S. 58Section 58 allows landlords to sue non-privileged tenants for rent arrears and provides a 30-day grace period to pay before eviction.
- S. 59An arrear of rent shall bear simple interest at arrears
- S. 60Section 60 allows courts to award damages up to 25% of rent arrears for improper rent refusal or unjustified suit initiation.
- S. 61Section 61 ensures tenants are not liable for rent to a new landlord without notice, and both tenant and transferee are jointly liable for pre-transfer rent.
- S. 62Section 62 nullifies occupancy rights if the landlord and tenant's interests in the land unite under one person.
- S. 63Section 63 voids illegal transfers of holdings and allows landlords to sue for ejectment within three years.
- S. 64Section 64 allows tenants to sue landlords for overcharged rent or services, seeking recovery and a penalty up to Rs. 100.
- S. 65No ten ant shall be ejected from his holding except in execution of a decree
- S. 66Section 66 defines "improvement" as work that adds value to a holding, presuming certain agricultural works as improvements unless they reduce property value.
- S. 67Section 67 allows tenants and landlords to make improvements on holdings, with tenants having priority unless it affects other holdings, and permits registration of improvements with the State Government.
- S. 69Section 69 provides compensation for improvements made by tenants who are ejected from their holdings.
- S. 70Section 70 outlines the factors to consider when determining compensation for improvements made by tenants in Assam's Tenancy Act.
- S. 73Section 73 allows landlords to reclaim abandoned or sublet holdings after a specified period if tenants or subtenants fail to pay rent or cultivate the land.
- S. 74Section 74 prohibits division of a holding or rent distribution without written consent from co-sharer tenants or landlord.
- S. 75Section 75 mandates tenants to assist landlords in measuring their lands and allows landlords to seek court orders if tenants obstruct measurements.
- S. 77Section 77 allows tenants to apply for correct measurement of their land not forming entire cadastral plots.
- S. 78Section 78 mandates land measurements under the Act using the government-adopted bigha standard for revenue records.
- S. 79Section 79 allows the State Government to direct a Revenue Officer to prepare records of rights for tenants when no settlement is made.
- S. 80Section 80 specifies details to be recorded when an order is made under section 79, including tenant names, classes, and land areas.
- S. 83Section 83 allows appeals to Deputy Commissioner against Revenue Officer orders and permits State Government to revise records of rights.
- S. 85The section allows the State Government to direct maintenance of records of land rights by registering ownership changes affecting tenant interests.
- S. 86Section 86 allows the Commissioner or Deputy Commissioner to register changes in tenancy ownership upon receiving relevant information.
- S. 87Section 87 allows aggrieved persons to appeal against registration orders made under section 86.
- S. 88Section 88 restricts civil courts from adjudicating on specified tenancy matters, reserving them for revenue authorities.
- S. 89Section 89 specifies the effective date for rent orders made by a Revenue Court under the Act.
- S. 90Except as provided in section 88, the Civil of Civil Court shall have jurisdiction in all suits between land- Court
- S. 91The section allows the State Government to make rules exempting certain landlord-tenant suits from the Civil Procedure Code.
- S. 92Section 92 specifies details landlords must include in plaints for rent suits in Assam's Settled Districts.
- S. 93Section 93 prohibits set-off in rent arrears suits unless the claimed set-off amount is previously determined by a court.
- S. 94Section 94 mandates court payment of admitted rent to plaintiff if third party doesn't claim it within three months.
- S. 95Section 95 mandates that a defendant must pay admitted rent amount to the court before contesting excess rent claims.
- S. 96Section 96 allows the court to accept partial payment from the defendant instead of full payment as ordered.
- S. 97Section 97 ensures that a court receipt for payments made into court acts as an official discharge of debt.
- S. 98Section 98 outlines the appeal process for orders under the Act, except for specific sections and records.
- S. 99(1) Unless otherwise specially provided in the ol t ppeal
- S. 100Section 100 outlines the procedure for appeals in the Assam (Temporarily Settled Districts) Tenancy Act, 1935, allowing courts to admit, reject, or modify appeals after hearing both parties.
- S. 101Section 101 allows the appellate court to suspend a revenue court's suspension order pending appeal.
- S. 102Section 102 allows certain officials to review court proceedings and issue orders as they deem appropriate.
- S. 103Section 103 prohibits appeals in rent recovery suits under certain amounts, except for title disputes, but allows District Judges to review and correct errors.
- S. 104Section 104 allows a landlord or tenant to apply for a court order to set aside a decree or review a judgment in a tenancy dispute.
- S. 106Section 106 provides compensation or rent for tenants ejected from holdings in Assam based on their cultivation or preparation of land.
- S. 107Section 107 allows landlords to apply to the State Government for recovery of rent arrears using a specified procedure.
- S. 108Section 108 transfers sold holdings to purchasers if rent arrears certificates were signed for sole or joint landlords.
- S. 109Section 109 allows the sale of a tenant's land by public auction if rent arrears remain unpaid, with specific provisions for religious institutions.
- S. 112Section 112 defines "incumbrance" and "arrears" for tenancy purposes in the Assam (Temporarily Settled Districts) Tenancy Act, 1935.
- S. 113When a decree h
- S. 114Section 114 allows courts to issue combined attachment and proclamation orders for land sale without following certain procedural rules from the Code of Civil Procedure.
- S. 115Section 115 allows auction sales of advertised holdings to avoid incumbrances and annul any existing encumbrances.
- S. 116Section 116 allows a purchaser to annul incumbrances on property within one year by applying to the court that passed the sale decree.
- S. 117Section 117 specifies rules for distributing sale proceeds in temporarily settled districts, overriding standard civil procedure rules.
- S. 118Section 118 prevents application of certain civil procedure rules to tenancy holdings sold for decree arrears.
- S. 119Section 119 allows an inferior tenant to deduct money paid to prevent a sale from rent owed to landlords up the chain until the defaulting landlord is reached.
- S. 120Section 120 allows decree holders to bid for sold holdings without court permission, barring judgment-debtors from doing so.
- S. 121Section 121 allows affected parties to apply to court to set aside a sale of a holding for rent arrears within 30 days, provided they pay the dues and a penalty.
- S. 122Section 122 confirms or sets aside property sales under the Act, allowing purchasers to reclaim purchase money if sales are set aside.
- S. 124Section 124 preserves customary rights not inconsistent with the Act, while Section 125 limits the time for filing specified suits, appeals, and applications.
- S. 126Sections 6, 7, 8 and 9 and sub-section (2) Po rtion s of of section 29 of the India n Lim itation Act, 1908, shall
- S. 128The section grants the State Government authority to create rules to implement the Act.
- S. 129Section 129 grants the State Government authority to delegate Revenue Court powers to specific officers for enforcement of the Act.
- S. 131Section allows sale of privileged or occupancy raiyat holdings to recover loans, with rent as first charge on proceeds.
- S. 153, ; *
- S. 1883—
- S. 1908Section 1908 outlines the order of payment priorities for costs, decree amounts, rent, and remaining balance in a sale under the Assam Tenancy Act.