Bare ActsThe Assam (Temporarily Settled Districts) Tenancy Act, 1935

Section 6

Amendment status not verified — confirm the current text below against the official source.

(1) A privileged raiyat holding lan d on pay- Commuta- ment of “bhog" or rend erng service in addition to tion of bhog paying cash rent at h a lf the revenue rate or, if the or service. raiyat has babitua ly defaulted in the payment of his customary ren t or the r rdering of oust mary service, the land lord of such raiyat, may apply to the Re­ venue Court to have the payment of “bhog" or the combined cash rent and service commuted to rent at the revenue rate. The Court shall, on receipt of such application, issue notice on the landlord or the raiyat fas the case may be) and, on hearing wh at he has to say, pass orders allowing or rejecting the application. (2) Before allowing or rejecting such applications the Court shall have regard to— (t) the purpose for which the tenancy was ori­ ginally granted, (it) the extent to which that purpose has been achieved under existing conditions, (tit) the period for which the tenancy has been in existence, (it») the extent to which the proposed commu­ tation will interfere with the purpose for which the tenancy was created, (») whether in respect of any land in the estate concerned the landlord has accepted com­ mutation of ren t in the past an 1 if so un­ der what circumstances, and (at) any other circumstance wh ich, in the opin­ ion of the Court, is calculated to affect adversely or favourably the interests o f the landlord or of the tenant in respect of such land. 7.(1) A privileged raiyat may use the land in Rights in his holding in any manner which does not materially respect of use impair the value of the land or tender it unfit for the ll ncI anfl purposes of the tenancy. ,n tr ces- (2) Subject to the provisions of sub-section (1), a privileged raiyat shall be entitled— (t) to plant, 16 (») to enjoy the flowers, fruits and other pro­ ducts of, (iii) to fell, and (tv) to utilise and dispose of the tim ber of, any tree on such land; provided that in doing so he does not contravene the provisions of any law : Provided furthe r that he shall not be entitled without the landlord’s consent in writing to fell, utilise or dispose of the tim ber of any tree which stood on the holding before the creation of the tena nc y When the tenancy is over 20 years old, all trees standing on the land shall be presumed, until the contrary is proved, to have been planted or to have begun to grow during the tenancy. Obligation g. privileged raiyat shall pay ren t for his holding to pay rent. a l t j,e customary rate and if the service, if any, to be rendered by him or payment of “bhog” to be made by him, be com muted, then at the revenue rate. Protection

Section 6 – The Assam (Temporarily Settled Districts) Tenancy Act, 1935 | DailyLaw.ai