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Goalpara Tenancy Act, 1929

Assam Act 1 of 1929

Last Updated 12th February, 2020 [ass277]

Chapter I

Preliminary

(1) "Agriculture" includes horticulture ;

(2) "Agricultural year" means the year commencing on the 1st day of Baisakh of the Bengali year ;

(3) "Commissioner" means the Commissioner of the Assam Valley Division ;

(4) "Deputy Commissioner" in any provision of this Act, means the Deputy Commissioner in-charge of Goalpara district and includes any Revenue Officer, Assistant Commissioner or Extra Assistant Commissioner specially empowered by the Local Government to discharge any of the functions of the Deputy Commissioner under that provision;

(5) "Enhancement" and "Enhanced" do not include an increase of rent in respect of land held by a tenant in excess of the area for which rent has been previously paid by him ;

(6) "Estate" means lands included under one entry in any of the general registers of revenue paying and revenue-free lands prepared and maintained, under the law for the time being in force by the Deputy Commissioner, and includes Government khas mahals and revenue-free lands not entered in any register ;

(7) "Holding" means a parcel or parcels of land held by a tenant, other than a permanent tenure-holder, and forming the subject of a separate engagement with the landlord ;

(8) (1) "improvement", with reference to a holding means any work which adds materially to the letting value of the holding and is consistent with the purpose for which it was let and which, if not executed on the building, is either executed for its benefit or is after the execution made directly beneficial to it :

(a) the construction of wells, whether masonry or not, tanks, water channels and other works for the storage, supply or distribution of water for the purposes of agriculture or for the use of men and cattle so employed or for providing drinking water for the tenant;

(b) the preparation of land for irrigation ;

(c) the drainage, reclamation from rivers or other waters, or protection from flood, or from erosion or other damage by water, of land used for agricultural purposes or waste land which is culturable ;

(d) the reclamation, clearance, enclosure or permanent improvement of land and agricultural purposes ;

(e) the erection of a dwelling house whether of masonry, bricks, stone or any other material whatsoever, for the tenant and his family together with all necessary out-offices ;

(f) the renewal or reconstruction of any of the foregoing works or alterations therein of additions thereto ;

(9) "Jote" means the holding of a jotedar ;

(10) "Land" means land which is let out or occupied for agricultural purposes or purposes subservient thereto,and includes the sites of buildings appurtenant to such land ;

(11) "Landlord" means a person immediately under whom a tenant holds land, and includes the Government;

(12) "Pay", "Payable" and "Payment" used with reference to rent include 'deliver', 'deliverable', and 'delivery';

(13) "Permanent settlement" means the permanent settlement of Bengal and portions of Assam made in or about the year 1973, and hereinafter referred to as "the permanent settlement" ;

(14) "Prescribed" means prescribed by rules made by the Local Government under this Act;

(15) "Proprietor" means a person owning in trust or for his own benefit any estate or part of an estate ;

(16) "Registered" means registered under the Act for the time being in force for the registration of documents ;

(17) "Rent" means whatever is lawfully payable in money or kind by a tenant on account of the use and occupation of the land held by the tenant, and shall include the share of crop deliverable by a tenant:

(18) "Revenue Officer" in any provision of this Act, includes any officer whom the Local Government may appointment by name or by virtue of his office to discharge any of the functions of a Revenue Officer under that provision ;

(19) "Succession" includes both intestate and testamentary succession";

(20) "Tenant" means a person who holds land under another person, and is, or but for a special contract would be, liable to pay rent for that land to that person and includes person who, under the system generally known as "adhi" (whether Guchiadhi or Gutiadhi), 'barga', 'bhag', 'chukti' or 'chukani', cultivates the land the another person on condition of delivering a share or quantity of the produce of such land to that person but does not include-

(a) an ijaradar , that is to say, a person who is primarily farmer of rents; and

(b) a person holding land on condition of rendering service :

(21) "Village" means the area defined, surveyed and recorded, in any survey made by or under the authority of the Government, as a distinct and separate village, and adopted as such by the Local Government for the purposes of this Act by a notification made in this behalf in the Assam Gazette :

(22) "Principal crop" shall be only one crop for each agricultural year as may be agreed upon mutually between the landlord and the tenant;

(23) "Money rent" in relation to rent payable in crop share for purpose of deposit into court and/or calculation of arrear of rent is the money value of the crop deliverable by a tenant to landlord and such money value shall be computed on the basis of the market value of that crop prevailing at the time of harvesting in the locality concerned.

(24) "Personal cultivation" means cultivation by the person himself, or by members of his family or by his hired labourers on fixed remuneration payable in cash or kind but not in crop share, under personal supervision 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 within a distance of 5 miles during the greater part of the agricultural season :

(25) "Fair rent" in relation to rent payable in crop share, means the rate of rent not exceeding one-fifth of the produce of the principal crop grown in each agricultural year :

Chapter II

Tenancies

(1) Permanent tenure-holders, which expression includes permanent under-tenure-holders.

(2) Jotedars, which expression includes Darjotedars.

(3) Raiyats.

(4) Under-raiyats.

(b) When the area held by a tenant exceeds one hundred standard bighas, the tenant shall be presumed to be a jotedar, until the contrary is shown.

Chapter III

Permanent Tenure Holders and Raiyats at Fixed Rates

(i) apply for the registration of such transfer in the office of the landlord in the prescribed manner ; and

(ii) pay or tender to the landlord a fee (hereinafter called 'the land-lord's fee') of the following amount:

(a) when rent is payable in respect of the permanent tenure-a fee of two per cent on the annual rent thereof:

(b) when rent in not payable in respect of the tenure or portion or share thereof a fee of two rupees.

(a) that the landlord under whom it is held is entitled to enhance the rent thereof, either by local custom or by the considerations under which the tenure is held ; or

(b) that the tenure-holder, by receiving a reduction of his rent otherwise than on account of a diminution of the area of the tenure, has subjected himself to the payment of the increased demand, and that the lands are capable of affording it.

Chapter IV

Right of Occupancy-Settled Raiyats and Occupancy Raiyats

(a) under a person referred to in Sub-Clause (b) of Clause (26) of Section 4 ;

(b) within a proprietor's private lands as defined in Section 123 ;

(c) within lands acquired under the Land Acquisition Act, 1894 for the Government or any Local Authority or for a Railway company, or within a cantonment, while such lands remain the property of Government or any Local Authority or Railway company ;

(d) within land owned by the Government or by any Local Authority which is used for any public work such as a road, canal or embankment, or is required for the repair or maintenance of the same, while such land continues to be so used or required ;

(e) within land known as chur or diara which has not been held for twelve continuous years;

(i) Successions by inheritance ;

(ii) Divisions of tenancies in accordance with the provisions of Sections 16 and 17.

(iii) Leases executed in accordance with the provisions of this Act ;

(iv) Complete usufructuary mortgages as defined in Section 25 ;

(v) Simple mortgage or mortgages by conditional sale, until a final decree for sale or foreclosure is made.

(i) fails to pay or deposit the 'occupancy transfer fee' in compliance with the provisions of Sections 20 and 21 ; or

(ii) pays or deposits as 'occupancy transfer fee' an amount which is less than that provided in sub-(1) of Section 21;

in case (i) within six months of the date of transfer or of taking possession of the land by the transferee, whichever, is later ;

in case (ii) within six months of such payment or deposit,

(a) the contract must be in writing and registered:

(b) the rent must not be enhanced so as to exceed, by more than three annas in the rupee, the rent previously payable by the jotedar.

(b) In determining what enhancement is fair and equitable, the Court shall not leave to the jotedar as profit less than 10 per cent of the balance which remains after deducting from the gross rents payable to him, the expenses of collecting them, and shall have regard to-

(i) the circumstances under which the jote was created, for instance, whether the land comprised in the jote, or a greater portion of it, was first brought under cultivation by the agency or at the expense of the jotedar of his predecessors in interest, whether any fine or premium was paid on the creation of the jote, and whether the jote was originally created at a specially low rent for the purpose of reclamation;

(ii) whether the rate of rent paid by the jotedar is below the average rate paid by jotedars for land of a similar description and with similar advantages in the village or in the vicinity and whether there is any sufficient reasons of this holding at so low-a-rate ;

(iii) any increase in profit that the jotedar has secured, since his rent was last settled or enhanced, and the expenses incurred in securing such increase;

(iv) the improvement, if any, made by the jotedar or the landlord or by their predecessors in interest ;

(v) the contract, if any, about any enhancement of rent, entered into between the landlord and the jotedar, or their predecessors in interest, before the passing of this Act.

(a) the contract must be in writing and registered :

(b) the rent must not be enhanced so as to exceed by more than three-sixteenth of the rent previously paid by the raiyat;

(c) the rent fixed by contract shall not be liable to enhancement during a term of fifteen years from the date of the contract.

(i) that the rate of rent paid by the raiyat is below the average rate paid by occupancy raiyats for land of a similar description and with similar advantage in the same village or in adjacent villages and that there is no sufficient reason for his holding at so low a rate ;

(ii) that there has been a rise, and due to a temporary cause, in the average local price of staple agricultural produce grown in the locality during the currency of the present rent;

(iii) that the productive powers of the land held by the raiyat have been increased by an improvement effected by, or wholly or partly at the expense of the landlord during the currency of the present rent;

(iv) that the productive powers of the land held by the raiyat have been increased by fluvial action.

(i) on the ground that the productive powers of the soil of the holding have, without the fault of the raiyat, deteriorated by a deposit of sand or any specific cause whatsoever, sudden or gradual;

(ii) on the ground that there has been a fall, not due to a temporary cause, in the average local price of staple agricultural produce grown in the locality during the currency of the present rent.

Chapter V

Non-Occupancy Tenants

(b) tenants referred to in sub-Section (1) of Section 17,

Chapter VI

Under-Raiyats

Chapter VII

Rent

(i) at the landlord's village-office, or at such other convenient place as may be appointed in that behalf by the landlord, or

(ii) by postal money-order in the matter prescribed either generally or for any specified local area.

(a) a receipt for any annual account actually paid on account of rent, or

(b) the statement of account required by Section 48, and the refusal of the tenant to accept the receipt shall not be deemed to be a reasonable cause for failing to prepare and retain a counterfoil of such receipt as acquired by Section 47.

(a) when a tenant tenders the full amount of rent due from him and the landlord refuses to receive it or intimates his unwillingness grant a receipt for it;

(b) when a tenant has reason to believer, owing to tender having been refused, or a receipt withheld on a previous occasion that the person to whom rent is payable will not be willing to receive it, and to grant him a receipt for it;

(c) when rent is payable to co-sharers jointly and the tenant is unable to obtain the joint receipt of the co-sharers for the money, and no person has been empowered to receive the rent on their behalf ;

(d) when the tenant entertains a bona fide doubt as to who is entitled to receive the rent, or

(e) when the landlord is an absentee landlord who possesses no village-office and has not appointed a convenient place for the receipt of rent, the tenant may present to the Court, having jurisdiction to entertain a suit for rent of his tenancy, and application in writing for permission to deposit a sum not less than the amount of the money then due.

(i) in case (a), (b) or (c) of Section 51 shall forthwith forward the same by postal money-order to the address of the landlord or of his common agent,if any, empowered to receive the rent ;

(ii) in case (c) or (d) of that section, shall forthwith cause to be affixed in a conspicuous place at the court house a notification of the receipt thereof containing a statement of all the prescribed particulars ; and if the amount of deposit is not paid away under Section 35 within the period of fifteen days next following the date on which the notification is so affixed, the Court shall forthwith-

(i) the amount of such damages shall not be less than the interest accruing up to the date of the institution of the suit under Section 56 ; and

(ii) interest on the arrear shall be awarded from that date up to the date of payment at the rate mentioned in Section 56.

(a) be liable to pay fair and equitable rent for all land proved by measurement to be in excess of the area for which rent has been previously paid by him, or, in the case of a rent- fee tenancy, which has previously constituted his tenancy;

(b) be entitled to a reduction of rent in respect of any deficiency proved by measurement to exist in the area for which rent has been previously paid by him.

(i) for excess of land under Clause (a) of Section 58, where such land is continuous to any other land held by the tenant under the same landlords;

(ii) for any other land in possession of a person without the consent of the landlord, the landlord may claim, in addition to the rent assessed,-

(a) in case (i), where the tenant has been in possession of the excess land for twelve years continuously, or

(b) when the landlord is unable to indicate the particular land in excess in possession of the tenant.

(i) a landlord from recovering an arrear of rent, rent which he is lawfully entitled to recover, or

(ii) the ejectment of a trespasser and the recovery of damages for use and occupation of land.

Chapter VIII

Improvements, Ejectment and Compensation

(a) as to the right to make an improvement,

(b) as to whether a particular work is an improvement, or

(c) as to whether a particular work is liable to affect another holding or other land held under or by the same landlord, the Deputy Commissioner may, on the application of either party, decide the question an his decision shall be final.

(a) in the case of improvements made before the commencement of this Act-from the commencement of this Act;

(b) in the case of improvements made after the commencement of this Act-from the date of the completion of the work.

Ejectment

(i) that he has used the land comprised in his holding in a manner which renders it unfit for the purposes of the tenancy, or

(ii) that he has broken a condition, relating to the use and occupation of the land of his tenancy and consistent with the provisions of this Act, on breach of which he is under the terms of a contract between himself and his landlord liable to be ejected.

(a) on the ground that he has failed to pay an arrear of rent;

(b) on the ground that he has used the land in a manner which renders it unfit for the purposes of the tenancy, or that he has broken a condition relating to the use and occupation of the land of the tenancy, and consistent with the provisions of this Act, on breach of which, he is, under the terms of a contract between himself and his landlord, liable to be ejected ;

(c) on the ground that the term of his lease has expired when he holds under a written lease ;

(d) on the ground that the tenancy has been terminated by his landlord by six months' notice expiring when the end of the agricultural year, when the holds the land otherwise than under a written lease, and the period of five years referred to in Sections 40 and 60 has expired and has not acquired a right of occupancy in the land.

(a) on the ground that he has failed to pay an arrear of rent;

(b) on the ground that the term of his written lease has expired when he holds under a written lease ;

(c) on the ground that the tenancy has been terminated by his landlord by twelve months' notice expiring with the end of the agricultural year, when the under-raiyat holds otherwise than under a written lease:

(i) that he has failed to pay an arrear of rent ;

(ii) that he has used the land in a manner rendering it unfit for the purpose of the tenancy ; or

(iii) that he has broken a condition, relating to the use and occupation of the land of his tenancy and consistent with the provisions of this Act, on breach of which he is, under the terms of a contract between himself and his landlord, liable to be ejected.

(a) that he has used the land in a manner which renders it unfit for the purpose of the tenancy, or

(b) that he has broken a condition relating to the use and occupation of the lands of his tenancy, on breach of which he is, under the terms of a contract between himself and the landlord, liable to ejectment, shall not be established, unless the landlord, who has instituted the suit, has served in the prescribed manner a notice on the tenant specifying the particular misuse or breach complained of and, where the misuse or breach is capable of remedy, requiring the tenant to remedy the same and, in any case whatsoever to pay reasonable compensation for the misuse or breach, and the tenant has failed to comply within a reasonable time with the request.

Compensation

(a) compensation to the tenant for crops sown or planted on the land by him, and not gathered it before his ejectment;

(b) compensation to the tenant for the cultivation or preparation of the land for ordinary agricultural purposes, when the tenant has not been able to sow or plant the crops before his ejectment ;

(c) compensation to the landlord, in lieu of rent, for the use and occupation of the land, when the landlord allows the tenant to retain possession of the land after the date of the decree, and to use it for the purpose of tending or gathering crops sown or planted before such date ;

(d) compensation to the tenant for trees standing on his land which he is entitled to cut and appropriate :

(a) to the amount by which the letting value or the produce of the holding, or the value of that produce, is increased by the improvement;

(b) to the condition of the improvement and the probable duration of its effect;

(c) to the labour and capital required for the making of such an improvement;

(d) to any reduction or remission of rent or any advantage given by the landlord to the tenant in consideration of the improvement; and

(e) in the case of a reclamation or of the conversion of unirrigated into irrigated land, to the length of the time during which the tenant has had the benefit of the improvement at an unenhanced rent.

Chapter IX

Miscellaneous Provisions Affecting Landlords and Tenants

(i) shall not pass such decree when such distribution may jeopardise the security for the rent due, or where such distribution will result in the creation of unreasonably small holdings, unless the landlord agrees to such distribution or division ; and

(ii) shall, when it passes a decree for such distribution or division, make an order for the payment of a fee to the landlord amounting to rupees two or twice the amount of rent made payable by the tenant, whichever is greater for each separate account ordered to be opened, or for each separate tenancy created by the division, and the decree shall not take effect until such fee has been paid.

(i) the lands of a tenancy are wholly lost by dilution and the tenant obtains on that account exemption from payment of rent in respect of such tenancy, or

(ii) any portion of the lands of a tenancy is lost by dilution and the tenant obtains on that account an abatement of rent in respect of such portion, the tenant shall, unless there is a contract to the contrary made by registered instrument, be deemed to have surrender his rights to such lands or portion thereof and his tenancy and rights therein shall be extinguished.

(a) prevent a tenant from clearing his land of scrub- jungle, or from enjoying the fruits of trees standing on his land, or from propagating lac on trees standing on his land taking the produce thereof;

(b) prevent an occupancy tenant from cutting sal or sisu, or a non-occupancy tenant or an under-raiyat from cutting a 'valuable tree' standing or grown on his land, which obstructs the cultivation of such land or otherwise renders it unfit for the purpose of the tenancy ; provided that he has, in the case of such tree, given his landlord thirty days' notice in the prescribed manner ;

(c) entitle a landlord to consent to a tree being cut or appropriated, which he could not himself cut or appropriated.

(i) for some reasonable and sufficient purpose having relation to the good of his estate, tenure or jote, including the use of the land as building ground, or

(ii) in the case of a proprietor or permanent tenure- holder, for any charitable, religious or educational purpose or for any purpose of general public utility, authorise the acquisition thereof by the proprietor, permanent tenure-holder or jotedar of the estate, tenure or jote in which it is comprised, upon such conditions as the Deputy Commissioner may think fit, and shall require every tenant, or other person who holds any valid interest, whether immediate or mediate, in such parcel of land, to sell his interest in such land to the applicant, upon terms, including compensation to those concerned, as may be approved by the Deputy Commissioner.

(ii) when, owing to the existence of a large number of co-owners in an estate or permanent tenure,or in lands held jointly between two or more estates or permanent tenures, the tenants or landlords are put to inconvenience and harassment in the payment or receipt of rent due, and a common agent has not been appointed for the receipt or payment thereof;

(a) the Deputy Commissioner, or

(b) any one having an interest in the estate or tenure or in any of the estates or tenures,

(a) more than one-fourth of the tenants, or

(b) co-owners holding more than half the aggregate interest in the estate or tenure or in any of the estate of tenures,

(a) direct that the estate or tenure or the estates or tenures, or the portion thereof, be managed by the Court of Wards in any case in which the Court of Wards consents to undertake the management thereof, or

(b) in any other case, appoint a manager.

Illegal Cesses

Chapter X

Part I

Measurement

(a) where the area of the tenancy is liable, by reason of alluvion or diluvion, to vary from year to year, and the rent payable depends on area,

(b) where the area under cultivation is liable to vary from year to year and the rent payable depends on the area under cultivation ;

(c) where the landlord is a purchaser, otherwise than by voluntary transfer, and not more than two years have elapsed since the date of his entry under the purchase ;

(d) where the land held by the tenant is contiguous to his landlord's khas lands and the landlord has reason to believe that the tenant has encroached upon such land, and one year has elapsed from the date of the last measurement.

Part II

Record-of-Rights

(a) the name of each person in occupation of the land whether as proprietor, permanent tenure holder, jotedar, raiyat or under-raiyat and of any other person has, under this Act or otherwise an interest in the land ;

(b) the class or classes to which each tenant belongs, that is say, whether he is-

(i) a permanent tenure holder, and if so, whether his rent is liable to enhancement or not,

(ii) a jotedar and, if so, whether he has acquired a right of occupancy in this holding,

(iii) a raiyat and, if so, whether he holds at fixed rates or not, whether he is a settled raiyat or not and whether he is an occupancy raiyat or a non-occupancy raiyat,

(iv) an under-raiyat, and, if so, whether he is of the kind described in Section 43, or

(v) a tenant within the meaning of sub-Section (1) of Section 17 ; the character of such occupation or such interest ;

(c) if the person in occupation is not a tenant within the meaning of this Act, or if the person has an interest in the land which is not comprised within any of the classes mentioned in Clause (b)-

(d) the situation and quantity and one or more prescribed boundaries of the land held by each tenant or other occupant ;

(e) the rent, if any, payable at the time the record of rights is being prepared ;

(f) the amount payable, if any, if the time the record of rights is being prepared, in respect of any rights of pasturage, forest rights, rights over fisheries and the like which the tenant enjoys by reason of his holding the tenancy, the conditions and incidents appertaining to such rights, and, if the amount is a gradually increasing amount, the time at which, and the steps by which, it increases ;

(g) the mode in which the rent referred to in Clause (c) or the mode referred to in clause (f) has been fixed, whether by contract, by order of a Court, or otherwise ;

(h) if the rent is gradually increasing rent, the time at which, and the steps by which, it increases ;

(i) the rights and obligations of each tenant and landlord in respect of-

(i) the use by tenant of water for agricultural purposes, whether obtained from a river, bill, tank or well, or any other source of supply, and

(ii) the repair and maintenance of appliances for securing a supply of water for the cultivation of the land held by each tenant, whether or not such appliances be situated within the boundaries of such land ;

(j) the special conditions and incidents, if any, of the tenancy;

(k) any right of way or other easement over or appurtenant to the land for which the record of rights is being prepared ;

(l) if the land is claimed rent free whether or not rent is actually paid, and, if not paid, whether or not the occupant is entitled to hold the land and without payment of rent, and, if so entitled, under what authority, and subject to what conditions, if any.

(i) the landlord,

(ii) the tenant, or

(iii) the occupant, in case the occupant has been recorded in pursuance of Clause (1) of Section 98, as entitled to hold the land but not without payment of rent, applies for a settlement of rent, the Revenue Officer shall, on payment of the prescribed fee, settle a fair and equitable rent in respect of the land held by such tenant or occupant.

(a) whether the land is, or not liable to the payment of rent,

(b) whether the land, although entered in the record-of- rights as being held rent-free is liable to the payment of rent,

(c) whether the relation of landlord and tenant exists,

(d) whether the land has been wrongly recorded as part of a particular' estate or tenancy, or wrongly omitted from the land of an estate or tenancy ;

(e) whether the tenant belongs to a class different from that to which he is shown in the record-of-rights as belonging ;

(f) whether the special conditions and incidents of the tenancy, or any right-of-way or other easement over or appurtenant to the land, have not or has not been recorded or have or has been wrongly recorded ;

(g) whether the rent recorded as payable at the final publication of the record-of-rights was correctly entered, and if not, what was the rent payable at the time,

(a) between landlord and tenant, or

(b) between landlords of the same or of neighbouring estates, or

(c) between tenant and tenant, or

(d) as to whether the relationship of landlord and tenant exists, or

(e) as to whether land held rent-free is properly so held, or

(f) as to any other matter,

(a) was the subject-matter of an application under Section 101, or Section 102, or of a suit under Section 103, if such application or suit has been dismissed for default or withdrawn with or without liberty to make a fresh application or file a fresh suit as the case may be, or

(b) has not been finally adjudicated upon in any such proceeding or suit.

(a) whether the land is or is not liable to the payment of rent ;

(b) whether the relation of landlord and tenant exists ;

(c) whether the land is part of a particular estate or tenancy;

(d) whether there is any special condition or incident of the tenancy, or

(e) whether any right-of-way or other easement exist over or is appurtenant to the land.

Part III

Record of Proprietor's Private Lands

(a) land which is proved to have been cultivated as nij- jote or khamar by the proprietor himself with his own task or by his own servants or with the aid of labourers, for twelve years immediately preceding the passing of this Act; and

(b) cultivated land, which though not cultivated in the manner mentioned in Clause (a) for twelve continuous years immediately preceding the passing of this Act, is proved to have been recognised by local custom or usage as proprietor's nij-jote or khamar on the 1st day of July 1916 ; and

(c) land commonly known as khanabari, that is to say, land, whether cultivated or not, which is proved to have been recognised as included within an area reserved by the proprietor or permanent tenure-holder for the accommodation of his family and relations or of his personal and estate staff, for the which no rent is realised.

Part IV

Application to Determine Incidents of Tenancy in the Civil Court

(a) the situation, quantity and boundaries of the land ;

(b) the names and description of the tenant thereof (if any);

(c) the class or classes to which he belongs that is to say, whether he is a permanent tenure-holder, jotedar a raiyat holding at fixed rates, occupancy jotedar, non-occupancy raiyat, ordinary under-raiyat, or under-raiyat of the kind mentioned in sub- Section (1) of Section 17, and, if he is a permanent tenure- holder whether his rent is liable to enhancement during the continuance of his tenure ;

(d) the rent payable by him at the time of the application ; and

(e) any other incident of the tenancy.

Chapter XI

Part I

Judicial Procedure

(b) When any account books, rent-rolls, collection papers, measurement papers, maps or extracts from record-of-rights have been produced by a party before any Court, and have been admitted in evidence in a suit pending therein, copies of or extracts from such documents may be certified by a duly authorised officer of such Court to be true copies and copies or extracts may, with the permission of the court for substituted on the record for the originals which may then be returned to the party ; and thereafter copies and extracts so certified may be admitted in evidence in any other suit instituted in the same or any other Court, unless the Court before which they are produced sees fit to require the production of the originals.

(i) the claim in respect of such tenancy shall be stated separately in the plaint;

(ii) separate decrees shall be made in the respect of each tenancy ;

(iii) the costs of the suit shall be apportioned by the Court in respect of such tenancy, and

(iv) separate court fee shall be levied on the plaint in respect of the claim on account of each tenancy.

(i) all the co-sharer tenants in the tenancy who are actually residing in the village or villages in which the lands of the tenancy are wholly or partly situated at the time of the institution of the suit,

(ii) such of the co-sharer tenants in the tenancy as may have, at any time during the three years provision to that for the rent of which the suit is brought, made any payment of rent due in respect of the tenancy, and

(iii) all other co-sharer tenants in the tenancy whose names are entered in the landlord's rent-roll.

(a) the decree or order is passed by a District Judge, or Additional Judge or Subordinate Judge, and the total amount claimed in the suit does not exceed on hundred rupees ;

(b) the decree or order is passed by any other judicial officer specially empowered by the Local Government to exercise final jurisdiction under this section, and the total amount claimed in the suit does not exceed fifty rupees, unless in either case the decree or order has decided a question relating to the title to land, or to some interest in land, or a question of a right to enhance or vary the rent of a tenant, or a question of the amount of rent annually payable by a tenant, including a question as to relating to the suspension or abatement of rent or a question as to relationship of landlord and tenant when such question has been raised and decided :

(a) unless the applicant has, at or before the time when the application is admitted, deposited in the Court, to which the application is presented, the amount, if any, which he admits to be due from to the decree holder, or such amount as the Court may, for reasons to be recorded in writing, decree ; or

(b) unless the Court, after considering the statement of injury, is satisfied, for reasons to be recorded in writing, that no such deposit is necessary.

Part II

Sales for Arrears Under Decree

(a) a decree for arrears of rent due in respect thereof, or

(b) a decree for damages under Section 175, or

(c) a certificate for arrears of rent signed under the Bengal Public Demands Recovery Act, 1913,

(i) a sole landlord, or

(ii) the entire body of landlords, or

(iii) one or more co-sharer landlords who has, or have, sued for the rent due in respect of a tenancy in manner provided in Section 139,

(a) a registered and notified incumbrance within the meaning of this Chapter shall not be so annulled except in the case hereinafter mentioned in that behalf ;

(b) the power to annual shall be exercisable only in manner by this Chapter directed.

(a) any permanent under-tenure existing from the time of 'the Permanent Settlement';

(b) the interest raiyat at fixed rates holding from the time of 'the Permanent Settlement';

(c) any lease in respect of land whereon, in accordance with the purpose of the lease granted by the tenant whose interest is being sole, permanent dwelling house, manufactories or other permanent buildings have been erected, or permanent gardens or plantations, tanks or canals, public places of worship, or public burning or burial grounds have been made ; provided that such tenant was under the terms of the engagement with his landlord entitled to grant such leave;

(d) any right of occupancy ;

(e) the right of a non-occupancy tenant to hold for five years at a rent enhanced by a registered agreement under Section 39 or settled by a Revenue Officer under Part II of Chapter X ;

(f) any right conferred on an occupancy tenant to hold at a rent which may fair and reasonable at the time the right was conferred ; and

(g) any right of interest, consistent with the provisions of this Act, which the landlord, at whose instance the tenancy is sold, or his predecessor in title, his expressly and in writing, given the tenant for the time being permission to create.

(a) the term "incumbrance", used with reference to tenancy, means any lien, sub-tenancy, easement, or other right or interest created by the tenant on this tenancy, or in limitation of his own interest therein, and not being a protected interest as defined in Section 151 ;

(b) the term" registered and notified incumbrance" used with reference to a tenancy sold or liable to sale in execution of an arrear of rent due in respect thereof means an incumbrance created by a registered instrument, of which a copy has, not less than three months before the accrual of the arrear, been served on the landlord in manner hereinafter provided ;

(c) the terms "arrear" and "arrear of rent" in this section shall be deemed to include interest decreed under Section 56 or damages awarded in lieu of interest under Section 57.

(a) in the case of a permanent tenure, or holding of a raiyat at fixed rates or jotedar that the tenure or holding will first be put up to auction to the registered and notified incumbrances, and will be sold subject to those incumbrances, if the sum bid is sufficient to liquidate the amount of the decree and costs; and that otherwise it will, if the decree-holder so desires, be sold on a subsequent day, of which due notice will be given, with power to annul all incumbrances ; and

(b) in the case of the holding of an occupancy raiyat held otherwise than at fixed rates, that the holding will be sold with power to annul all incumbrances.

(a) by beat of drum at some place on or adjacent to the land comprised in the tenancy ordered to be sold, and by fixing up a copy of the combined order of attachment and sale-pro-clamation in a conspicuous place on such land ;

(b) by affixing a copy thereof in a conspicuous place at the court-house of the issuing court;

(c) by sending in the prescribed form by registered post to the judgement-debtor a concise statement of the order of attachment and proclamation at the time of issue of the order of attachment and proclamation, and

(d) in such manner as may be prescribed.

(a) there shall first be paid to the decree-holder the costs incurred by him in bringing the tenancy to sale ;

(b) there shall, in the next place, be paid to the decree-holder the amount due to him under the decree in execution of which the sale was made;

(c) if there remains a balance after these sums have been paid, there shall be paid to the decree-holder therefrom any rent which the Court, after giving notice to the judgement-debtor, finds to have fallen due to the decree-holder in respect of the tenancy between the institution of the suit and the date of the sale, together with interests and costs ;

(d) the balance, if any, remaining after the payment of the rent mentioned in Clause (c) shall, upon the expiration of two months from the confirmation of the sale, be paid to the judgement debtor upon his application unless the Court for reasons to be recorded in writing otherwise directs :

(a) payment of the amount due under such decree, shall, notwithstanding anything contained in Clause (b), be made to the decree-holder and to the other co-sharer landlords in proportion to the amount found to be due to each, and

(b) if there remains a balance, payment of any rent which may have fallen due in respect of the lands between the institution of the suit and the date of the sale shall, notwithstanding anything contained in Clause (c), but subject to the determination, in the manner and with the effect mentioned in sub-Section (2) of any dispute as to the respective rights to recover such rent, be made to the said decree-holder and the other co-sharer landlords in proportion to their respective shares in the tenancy.

(a) the amount so paid by him shall be deemed to be a debt bearing interest at twelve and a half per cent per annum and secured by a mortgage of the lands of the tenancy to him ;

(b) his mortgage shall take priority of every other charge on the lands of the tenancy other than a charge for arrear of rent; and

(c) he shall be entitled to possession of the lands of the tenancy as mortgagee of the tenant, and to retain possession of them as such, until debt with the interest due thereon, has been discharged.

(a) under the Chapter ; or

(c) in execution of a certificate, signed under the Bengal Public Demands Recovery Act, 1913 ;

(a) for payment to the decree-holder, amount recoverable under the decree up to the date when the deposit is made, with costs ;

(b) for payment to the auction purchaser, as penalty a sum equal to five per cent of the purchaser money, but not less than one rupee.

(a) no sale shall be set aside on any such ground unless the court is satisfied that the applicant has sustained substantial injury by reason of such irregularity or fraud ; and

(b) no application made by a judgement-debtor under this sub-section shall be allowed unless the applicant either deposits the amount recoverable from him in execution of the decree or satisfies the Court, for reasons to be recorded in writing, that such deposit is not necessary.

Chapter XII

Summary Procedure for the Recovery of Rents Under the Bengal Public Demands Recovery Act, 1913

(a) no certificate shall be signed for the recovery of the arrears of rent of a tenancy regarding which a suit has been instituted in a Civil Court for the alteration of the rent payable by the tenant or the determination of his status as a tenant, in respect of the period during which it is alleged in the requisition made under sub-Section (3) that the arrears of rent sought to be recovered have accrued ; and

(b) if, after the signing of a certificate, it is found that such a suit was instituted in a Civil Court before the certificate was signed such certificate shall be cancelled.

Chapter XIII

Special Provisions Regarding Contracts

(a) prevent a jotedar or a raiyat from acquiring in accordance with the Act, an occupancy right in land ;

(b) take away an occupancy right in existence at the date by contract;

(c) entitle a landlord to eject a tenant otherwise than in accordance with the provisions of this Act ;

(d) take way or limit the right of a tenant, as provided by this Act, to make improvements, and claim compensation for them ;

(e) take away or limit the right of an occupancy tenant to transfer his holding, or any share or portion thereof, in accordance with the provisions of Sections 20 to 25 ;

(f) take away or limit the rights of occupancy tenancy, who are not raiyat at fixed rates, in trees on their holdings as provided in Section 84 ; or

(g) affect the provisions of Section 56 relating to interest payable on arrears of rent.

(a) take away or limit the right of an occupancy-tenant to use land as provided by Section 27 ;

(b) take away the right of a raiyat to surrender his holding in accordance with Section 81 ;

(c) take away the right of an occupancy-raiyat to sub- let subject to, and in accordance with, the provisions of this Act;

(d) take away the right of a raiyat to apply for reduction of rent under Section 33 or Section 58 ;

(e) take away the right of a tenant to such compensation as may be payable to him under the provisions of this Act or under any other Act for the time being in force.

Co-sharer landlords

(i) bring a suit for ejectment of a tenant on the grounds specified in Section 66, Section 67, or Section 70 ;

(ii) bring a suit for enhancement of the rent of a permanent tenure under Section 10 of the holding of an occupancy jotedar under Section 28, or of the holding of an occupancy raiyat under Section 31, or for alteration of rent on account of alteration in area under Section 58 ;

(iii) bring a suit under Section 103 ;

(iv) apply to the Deputy Commissioner for a declaration under the first proviso to sub-Section (1) of Section 17 ;

(v) make an application as regards improvements under Section 62 or Section 64 ;

(vi) apply for measurement under Section 96 ;

(vii) file an application under Section 161 ;

(viii) apply for a record of private land under Section 121 ;

(ix) apply for the determination of the incidents of a tenancy under Section 124 :

Agents and representatives of landlords

Recovery of certain dues

(i) when the particulars mentioned in Clause (f) of Section 98 have been recorded and the record has been finally published under Part II of Chapter X, and

(ii) subject to the conditions specified in sub-Sections (1), (2) and (3) of Section 170.

Limitation

Rules under the Act

(1) to regulate the principles and the procedure to be followed by Revenue Officers and the Deputy Commissioner in the discharge of any duty imposed upon them by or under this Act and may, by such rules, confer upon any such officer-

(a) any power exercised by a Civil Court in the trial of suits ;

(b) power to enter upon any land, and to survey, demarcate, and make a map of the same and any power exerciseable by an officer under Part B of Chapter 111 of the Assam Land and Revenue Regulations, 1886 ;

(2) to prescribe the forms to be used, and the mode of service of notices and processes issued under this Act, when no form or mode is provided in this or any other Act; and

(3) to provide of all or any of the following matters, namely :

(a) the manner of publication of-

(i) the notification under sub-section (3) of Section 1,

(ii) price lists under sub-section (2) of Section 35,

(iii) the notification referred to in the Explanation to sub-section (3) of Section 84,

(iv) the draft record-of-rights under sub-section (1) of Section 99,

(v) the record-of-rights under sub-section (2) of Section 99,

(vi) proclamation under Clause (d) of sub-section (1) of Section 151;

(b) the amount of fee referred to-

(i) in the first proviso to sub-section (1) of Section 17.

(ii) in sub-section (1) of Section 48,

(iii) in sub-section (2) of Section 52,

(iv) in sub-section (1) of Section 101,

(v) in Section 102,

(vi) in Section 163 ;

(c) the amount of cost of transmission of any money deposited in Court,

(d) the manner of payment or tender of rent by postal money order under sub-section (2) of Section 45,

(e) the particulars referred to in sub-section (3) of Section 47,

(f) the particulars referred to in sub-section (1) of Section 48,

(g) the particulars referred to in sub-section (1) of Section 52,

(h) the particulars referred to in Clause (ii) of Section 54,

(i) the manner of making an application for registration of an improvement under sub-section (2) of Section 64,

(j) the manner of making an application of acquisition of land under sub-section (1) of Section 85,

(k) the manner of delivery of possession of under sub-section (2) of Section 85;

(l) the standard of measurement referred to in Section 96,

(m) the manner of making a survey and preparing a record-of-rights under sub-section (3) of Section 97,

(n) the particulars referred to in sub-section (1) of Section 98,

(o) the period of publication of the draft record-of- rights under sub-section (1) of Section 99,

(p) the manner in which objections shall be considered and disposed of under sub-section (2) of Section 99,

(q) the manner of preparing a record-of-right of proprietor's private lands under section 121,

(r) the restrictions and modifications referred to in sub-section (7) of Section 170, and

(s) any other matter required or permitted under this Act to be prescribed.

Saving for conditions binding on landlords

Savings for special enactments

(a) the powers and duties of Settlement Officers as defined by any law not expressly repealed by this Act;

(b) any enactment regulating the procedure for the realization of rents in estates belonging to the Government or under the management of the Court of Wards or of the revenue authorities ;

(c) any enactment relating to the avoidance of tenancies and incumbrances by a sale for arrears of the Government revenue ;

(d) any enactment relating to the partition of revenue- paying estate ;

(e) any enactment relating to patni tenures, in so far as it relates to those tenures, except that the expression "Khudkast, raiyat or resident and hereditary cultivator" in sub-section (3) of Section 11 of the Bengal Patni Taluks Regulation, 1819, shall be deemed to include all raiyats having a right of occupancy ; or (f) any other special or local law not repealed, either expressly or by necessary implication, by this Act.

(1) The Adhi Conciliation Board shall be deemed to have been abolished and all the members thereof and the officers working therein shall be deemed to have relinquished their posts as members or officers, as the case may be, of the Board.

(2) All the proceedings pending before the Adhi Conciliation Board shall stand transferred to the Civil Court competent to entertain and dispose of the matter as if the proceedings were rent suits between the parties and the Court shall proceed to dispose of the same as rent suit.

Schedule I

[See Section 3]

Enactment Amended

Schedule II

[See Section 3]

Enactments Repealed

Schedule III

Limitation

Part I

Suits