The Assam (Temporary Settled Areas) Tenancy Act, 1971
assam · 1971
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- S. 1fl) This Act may be called the Assam (Tem- extent and porarily Settled Areas) Tenancy Act, 1971
- S. 2Section 2 exempts certain lands from the application of the Assam (Temporary Settled Areas) Tenancy Act, 1971.
- S. 4Section 4 defines the classes of tenants under the Act, including occupancy and non-occupancy tenants, and specifies that certain existing privileged tenants become occupancy tenants.
- S. 5Section 5 grants a right of occupancy to tenants who have continuously held land for at least three years.
- S. 6An occupancy tenant shall have perma- occupancy nent, heritable and transferable right of use and right
- S. 7If a tenant dies intestate in respect of on death
- S. 8Section 8 grants occupancy tenants the right to transfer land with government permission but prohibits subletting and transfer to non-agriculturists.
- S. 10Section 10 allows an occupancy tenant to use and manage trees on leased land, provided it doesn't harm the land's value.
- S. 12Section 12 sets the rent for occupancy tenants in temporary settled areas at fair rates, with a maximum limit and special provisions for long-term tenants.
- S. 13Re nt of an occupancy tenant shall not be ^mentTf^ e r |h a n c e d except as provided for in Ch apter VII rent
- S. 14An occupancy ten ant shall not be liable from eject- to ejectment from his holding except as provided for ment
- S. 15(a) A non-occupancy ten ant shall have right the tenancy
- S. 16From the date of commencement ot this Act, a non-occupancy tena nt shall have no right to sub let his land
- S. 17Section 17 sets fair rent rates for non-occupancy tenants and protects them from rent hikes, ejectment, and new tenant creation.
- S. 18Rent of a non-occupancy tenant shall not be enhanced except as provided for in Chapter VIT of this Act
- S. 19A non-occupancy tenant shall not be ejected except as provided for in Ch apter IX of this Act
- S. 20The section prohibits new subtenants but allows existing subtenants to continue until they gain intermediary and ownership rights.
- S. 21Section 21 allows occupancy tenants to acquire ownership rights of their land, except for landlords who are certain protected categories.
- S. 22The State Government may at any time after of ownership the commencement of this Act
- S. 23Section 23 allows occupancy and under-tenants to apply for ownership rights of their land with compensation, declared by the Deputy Commissioner.
- S. 24The total compensation payable for icq ui- sation
- S. 25(1) Where an occupancy tenant is personally cultivating the holding, his land-lord shall be entitled pensa on
- S. 26(1) In all cases of acquisition under this ofr compen- Chapter, the Deputy Commissioner shall give notice sation
- S. 27Section 27 limits the maximum rent a tenant can be required to pay in Assam's Temporary Settled Areas.
- S. 28The maximum rate of rent payable by ate of rent
- S. 29Subject to the maximum limits laid down in mc nt of rent
- S. 33Enhancem ent or reduction of rent, as the case may be, will take effect from the date of the order of the Deputy Com
- S. 35Rent not paid when it falls due shall be r e n t- deemed to be an arrear
- S. 36No arrear of rent shall be realisable other- wise than by a rent-suit filed in the competent Civil Court
- S. 37(i) Every ten ant who pay his rent shall eeipt
- S. 38Section 38 allows tenants to deposit rent with a Revenue Officer if the landlord refuses, with the officer handling the rent and resolving disputes.
- S. 40Section 40 allows a competent civil court to order attachment and sale of a tenant's holding on a landowner's application.
- S. 41Section 41 details the manner of publishing sale proclamations for defaulting tenants in Assam's Temporary Settled Areas Tenancy Act, 1971.
- S. 45Section 45 allows defaulting tenants to apply to the sale court to set aside a sale by depositing specified amounts.
- S. 46Section 46 allows parties to apply to court to set aside a sale due to irregularities, fraud, or mistakes, provided they prove substantial injury.
- S. 47If there is no application to set aside the sale of the sale
- S. 48Section 48 allows auction purchasers to take over property subject to existing lawful encumbrances, including public worship grants.
- S. 49Section 49 allows sale of tenant's holding to recover government loans or dues, prioritizing rent as first charge on sale proceeds.
- S. 51Section 51 protects occupancy tenants from ejection except for rendering land unfit, and non-occupancy tenants from ejection except for specific grounds, with conditions for restoration.
- S. 52Section 52 provides compensation to tenants for lawful improvements before ejectment, with conditions based on various factors.
- S. 53Section 53 provides compensation and retention options for tenants ejected from holdings in Assam's Temporary Settled Areas.
- S. 57Section 57 outlines the process for publishing and finalizing the record-of-rights after considering objections.
- S. 58(1) Where a record-of-rights has been finally s
- S. 59Section 59 forfeits tenant's interest for unauthorized subletting or transfer, deems agriculturist transferees as tenants, and voids non-agriculturist transfers.
- S. 60The section allows the State Government to order maintenance of tenancy records by registering ownership changes affecting tenant interests.
- S. 61Section 61 allows landlords to reclaim and re-let abandoned land after two years, except if they are tenants themselves.
- S. 62Section 62 allows aggrieved parties to challenge registration orders made without full local enquiry.
- S. 63Section 63 prohibits voluntary surrender of a tenancy without Deputy Commissioner's approval, proper notice, and consent of encumbrancers or under-tenants.
- S. 65Section 65 states that when a landlord's and tenant's interests unite, the person must hold the land as a proprietor, not as a tenant.
- S. 66Section 66 restricts civil court jurisdiction in tenancy matters to Revenue Courts or Officers, with specific appeal processes.
- S. 68The section grants civil courts jurisdiction over landlord-tenant suits, except as specified in Sections 66 and 67.
- S. 69The section allows the state government to create rules exempting certain tenancy suits from the Civil Procedure Code.
- S. 70The State Government can assign Deputy Commissioner or Settlement Officer powers to Revenue Officers or Assistant Settlement Officers under the Act.
- S. 71Section 71 of the Assam (Temporary Settled Areas) Tenancy Act, 1971, penalizes non-compliance with the Act's requirements and lawful orders.
- S. 74Any officer, or authority holding an enquiry enforcing att- o r hearing an appeal under this Act, shall have the endan
- S. 75Section 75 repeals two older Assam tenancy acts while ensuring their existing rules and actions remain valid under the new act.
- S. 1886—