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

Section 70

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(1) In estimating the compensation to be principle on awarded under section 69 for an improvem ent, regard which com- shall be had— ps wation is to be estima­ ted. (a) to the amount by which the value, or the produce, of the holding or the value oi that produce is increased by the improve­ ment ; (Z>) to the condition of the, improvement and the probable duration of its effects ; (c) to the labour and capital required for the making of such an improvement ; (</) to any reduction or remission of rent or any other advantage given by the landlord to the tenant in consideration of the improve­ ment ; and (e) in the case of a reclamation or of conversion of unirrigated into irrigated land, to the o length o f time during which the tenant has had the benefit of the improvem ent at an unenhanced rent. (2) When the amount of the compensation has been assessed, the Court may, if the landlord and the tenant agree, direct that, instead of being paid wholly in money, it shall be paid wholly or partly in some other way. r. r 38 Acquisition of H olding by Landlord Acquisition 71 . (1) The Court of a Deputy Commissioner of m a y o n a Ppl*c a t>o n °f the landlord of a holding, an or . a n j o n being satisfied that he is desirous of acquiring the holding or part thereof for some reasonable and sufficient purpose having relation to the good of the holding or of the estate in which it is comprised, or for any religious, educational or charitab le purpose, authorise the acquisition thereof by the land lord upon such conditions as the Court may think fit, and require the tenant to sell his interest in the whole or such part of the holding to the landlord upon such terms as may # be approved by the Court including full compensation to the ten ant. (2) An appeal shall lie to the District Judge against any order passed by the Deputy Commissioner under this section. Surrender and Abandonment Surrender. 72 .(1 ) A raiyat not bound by a lease or other agreement for a fixed period may, at the end of the agricultural year, surrender his entire holding. (2) But notw ithstanding the surrender, the raiyat shall be liable to indemnify the landlord against any loss of th e rent of holding for the agricultural year next following the date ol the surrender unless he gives to his landlord at least three months before his surren­ der, notice of his intention to surrender. (3) The raiyat may, if he thinks fit, cause the notice to be served through the Revenue Court. (4 ) When a raiyat has surrendered his holding, the landlord may enter on the holding and either let it to another ten ant or take it into cultivation himself. (5) When a holding is subject to an incumbrance or when there is an under-raiyat on the holding or part thereof, the surrender of the holding shall not be valid unless it is made with the consent of the landlord and the incumbrancer or the under-raiyat as the case may be. ■f 39 (6) Save as provided in sub-section f5) nothing in this section shall affect any arrangement by which a raiyat and his landlord may arrange for the surrender of the whole or a pa rt of the holding.

Section 70 – The Assam (Temporarily Settled Districts) Tenancy Act, 1935 | DailyLaw.ai