Amendment status not verified — confirm the current text below against the official source.
The Act does not apply to:— fa) land included in any Reserved Forest; (b) land owned by the Union or the State Government or by Local autho rity which is used for any public purposes ; (c) land reserved lor tne purpose of profes sional grazing reserves, village grazing eserves, recreation grounds, buria l or cremation ground, road, can al, drain, embankment or their maintenance or for any other public purposes ; (d) land which is non-agricultural and situa ted outside town-land area ; (e) land comprised within estates settled for special cultivation when, and only so long as, such lands are used for purposes of special cultivation or for purposes ancillary thereto. Explanation. — (I) This sub-clause includes lands settled for the cultivation of tea under the rules in force from time to time such as fee. simple grants, revenue redeemed grants, 30 years’ grants under the New Lease Rules though now assessed with full revenue and lease for special cultivation under settle ment rules framed from time to time under the Assam Land and Revenue Regulation, 1886. (II ) Purposes ancillary for special cultivation shill mean the following: (i) land used for factory buildings ; (ii) land used for staff buildings including labour lines ; 'Hi) land used for roads, bridges and drains within the tea estates ; (iv) land used for nurseries including shade trees ; (v) land used for hospitals, dispensaries, creche, recreation club and play ground ; (vi) land used for any other buildings made by management under any other law in force ; I of 1336 (vii) land used for seed 5‘bari” ; 123 Exception o. The Act does not apply to:— fa) land included in any Reserved Forest; (b) land owned by the Union or the State Government or by Local autho rity which is used for any public purposes ; (c) land reserved lor the purpose of profes sional grazing reserves, village grazing eserves, recreation grounds, buria l or cremation ground, road, can al, drain, embankment or their maintenance or for any other public purposes ; (d) land which is non-agricultural and situa ted outside town-land area ; (e) land comprised within estates settled for special cultivation when, and only so » long as, such lands are used for purposes of special cultivation or for purposes ancillary thereto. Explanation.— (I) This sub-clause includes lands settled for the cultivation of tea under the rules in force from time to time such as fee. simple grants, revenue redeemed grants, 30 years’ grants under the New Lease Rules though now assessed with full revenue and lease for special cultivation under settle ment rules framed from time to time under the Assam Land and Revenue Regulation, 1886. ('ll) Purposes ancillary for special Ciiltivation shall mean the following: (i) land used for factory buildings ; fii) land used for staff buildings including labour lines ; ;iii) land used for roads, bridges and drains M within the tea estates ; (iv) land used for nurseries including shade trees ; (v) land used for hospitals, dispensaries, creche, recreation club and play ground ; (vi) land used for any other buildings made by management under any other law in force ; I of 1336 (tii) land used for seed S'bari” ; 125 (7) “ landlord” means a person immediately under whom a ten ant holds but does not include any Government ; (8) “money ren t” in relation to rent payable in crop-share for the purpose of deposit into court and for calculation of arrear rent in respect of rent pay able in crop-share is the money value of the crop deliverable by a tenant to his landlord and such money value shall be computed on the basis of the market value of tha t crop prevailing at the time of harvesting in the locality concerned;” (9) “notification” means a notification published in the Official Gazette ; (10; “ personal cultivation” means cultivation by the person himself, or by mem ber of his family or by hired labourers on fixed remuneration payable in cash or kind but not in crop share, under personal supervisions of the person himself or any member of his family, provided it is accompanied by the bearing of risks of cultivation by the owner and by residence in the village in which the land is situated or nearby village or town within a distance of 5 miles during the greater pa rt of the agricultural season : Provided that in the case of a person who is a widow or a minor, or is subject to any physical or mental disability or is a mem ber of the Defence forces of the India n Union or is a student below the age of 21 years of an educational institution recognised by the State Government, the land shall be deemed under personal cultivation even in the absence of such personal supervision ; (11) “ prescribed” means prescribed by rules framed under the Act ; (12) “ principal crop” shall mean only one crop for each agricultural year as may be agreed upon mutually between the landlord and the ten an t: Provided th at where there is no agreem ent, the prin cipal crop shall be only one agricultural crop grown in each agricultural year viz., »ali or such local name generally used in respect of paddy known as winter pady and the harvesting of which is done in the months of December, January and February, corres ponding to Agrahayana,. Pausa and Magha 5 126 (13) “rent” means whatever is lawfully payable or deliverable by the ten ant to the landlord in cash or in kind or partly in cash and partly in kind whether as a fixed quantity of produce or as a share of the produce, on account of use or occupation of the land or on account of any right in the land held by the tena nt; (14) “Revenue Officer” means any officer, with that designation appointed by the State Government for the purposes of this Act ; fl5) ‘ ‘Revenue Court” means the Court of the Deputy Commissioner, Settlement Officer or, of such other officer as the State Government may invest with the powers of Revenue Court for the purposes of this Act ; (16) “Revenue Rate” means in respect of every parcel of land in an estate settled temporarily at full rates, the rate at which revenue is for the year actually payable to Government upon that parcel of land ; (17) “ tenant” means a person who cultivates or holds the land of ano ther person, and is, or but for a special contract (express or implied) would be, liable to pay rent for that land to that other person, and includes a person who under system generally known as ‘Adhi’ (whether Guchiadhi or Guti-adhi), ‘barg a’, ‘chukti’, ‘bhag’ or ‘chukani’ cultivates the land of another person on condition of delivering a share or quantity of the produce of such land to that perso n: Provided that a person who cultivates or holds land immediately under the State Government is not a ten ant within the meaning of this definition. Explanation.—A person who holds land on con- t dition of service to a temple or religious institution shall be deemed to be the ten ant of the manager of such temple or religious institution ; (18) “town lands” means any land within an Assam Act area declared or deemed to be a Municipality or X V o f 1957, notified area under the Assam Municipal Act, 1956, 127 (19) The following words shall have the same meaning as is assigned to them in the Assam Land i o f 1386. and Revenue Regulation, 1886, or the Rules framed thereu nd er:— Classes of Tenants. Acquisition of occupancy rights. “estates” , “temporarily-settled-estate” , “ land- revenue” , “pro prietor” , “land holder”, “ settlement-holder” , “periodic lease” , “spe cial cultivation”, “ordinary cultivation” . CH AP TE R II C la ss es o f Ten an ts