Assam (Temporarily Settled Areas) Tenancy Act 1971

An Act to regulate the relations of landlord and tenant in the temporarily settled areas of Assam.

​

Preamble. - Whereas it is expedient to regulate to the rights and liabilities of agricultural tenants and their landlords in temporarily settled lands in the State of Assam;

​

• 2. Exception. - The Act does not apply to-
• (a) land included in any Reserved Forest;
• (b) land owned by the Union or the State Government or by local authority which is used for any public purposes;
• (c) land reserved for the purpose of professional grazing reserves, village grazing reserves, recreation grounds, burial or cremation ground, road, canal, drain, embankment or their maintenance or for any other public purposes;
• (d) land which is non-agricultural and situated 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

• 3. Definitions. (1) "agriculture" includes horticulture, pisciculture and allied agricultural pursuits;
• (2) "agricultural year” Baisakh and ending with the last day of Chaitra
• (3) "Agriculturist" means a person who cultivated land personally;
• (4) "holding" means a parcel or parcels of land or an undivided share thereof, held by a tenant and forming the subject of a separate tenancy;
• (5) "improvement" means any work which adds to the value of the holding
• (6) "land" means "agricultural land"; and "agricultural land“ used for agricultural.
• Explanation. - Land under homestead occupied for residential purposes in connection with an agricultural holding shall be deemed to be included in "agricultural land";
• (7) "landlord" means a person under whom a tenant holds but not include Govt

​

• 3. Definitions. 
• (8) "money rent“ 
• (9) "notification" means a notification published in the Official Gazette;
• (10) "personal cultivation"  cultivation by the person himself, or by member of his family or by hired labourers under personal supervisions .In case of a widow or a minor, or physical or mental disability or is a Defence or is a student below the age of 21 years the land shall be deemed under personal cultivation
• (11) "prescribed" means prescribed by rules framed under the Act;
• (12) "principal crop" shall mean only one crop for each agricultural year
• (13) "rent" means whatever is lawfully payable or deliverable by the tenant.

• 3. Definitions. tenant. (14) "Revenue Officer" means any officer with that designation appointed by the State Government for the purposes of this Act;
• (15) "Revenue Court" means the Court of the DC, SO or, of such other officer as Govt may invest with the powers of Revenue Court for the purposes of this Act;
• (16) "Revenue Rate"  in respect of every parcel of land in an estate settled at full rates, the rate at which revenue is for the year actually payable to Govt upon
• (17) "tenant"  a person who cultivates land of another person, and is, or but for a special contract , liable to pay, and includes a person who under system generally known as 'Adhi‘ or chukani' cultivates the land.
• Explanation. - A person who holds land on condition of service to a temple or religious institution shall be deemed to be the tenant of the manager of such temple or religious institution;

• 3. Definitions. tenant. (18) "town lands" means any land within an area declared or deemed to be a Municipality notified area under the Assam Municipal Act, 1956" (Assam Act XV of 1957).
• (19) The following words shall have the same meaning as is assigned to them in the Assam Land and Revenue Regulation, 1886 (1 of 1886), or the Rules framed thereunder-
• "estates", "temporarily-settled-estate", "land revenue", "proprietor" "land holder", "settlement-holder", "periodic lease", "special cultivation", "ordinary cultivation".

Classes of Tenants�

• 4. (1)(i) Occupancy tenant, that is to say, a tenant holding immediately under a proprietor, land-holder or settlement-holder other than land-holder, and having a right of occupancy in the lands held by him;
• (ii) non-occupancy tenant, that is to say, a tenant holding immediately under a proprietor, land-holder or settlement-holder other than land-holder but not having a right of occupancy in the land held by him; and
• (2) From the date of commencement of this Act, any person who was recorded in the record-of-rights as a privileged tenant under the provisions of the Assam (Temporarily Settled Districts) Tenancy Act, 1935, (Assam Act III of 1935) shall be recorded as an Occupancy Tenant :
• Provided that he shall, subject to the provisions of Section 28 of the Act, continue to pay the rent at the same rate as before the commencement of this Act.
• (3) From the date of commencement of this Act, there shall be no new under-tenant.

• 5. Acquisition of occupancy rights. - (1) A person who for a period of not less than 3 years has continuously held land as a tenant shall have a right of occupancy in that land.
• 6. Incidence of occupancy right. - An occupancy tenant have permanent, heritable and transferable right of use and occupancy in the land of his holding.
• 7. Devolution of death. - If a tenant dies intestate in respect of a right of occupancy, it shall, subject to any custom, descend in the same manner as other immovable property
• 8. Right of transfer. - An occupancy tenant can transfer his holding with permission of Govt with a notice to landlord but not to a non-agriculturist.
• 9. Prohibition of sub-letting. - An occupancy tenant shall have no right to sub-let his land.
• 10. Right of use of land. - An occupancy tenant may use the land of his tenancy.
• 14. Protection from ejectment. - An occupancy tenant shall not be liable to ejectment from his holding except as provided for in Chapter IX of this Act.

​

​

​

• 15. Incidence of non-occupancy tenancy. - (a) A non-occupancy tenant shall have right of possession till he is lawfully ejected and subject to the other provisions of the Act or any custom the tenancy shall descend in the same manner as other immovable property.
• 20. Prohibition against creating new under-tenant tenancy. - On and from the date of commencement of this Act, there shall be no new under-tenant holding land under an occupancy tenant or a non-occupancy tenant :

​

Acquisition of intermediary and ownership rights

• 21. Acquisition of ownership rights and intermediary rights by tenants. -An occupancy tenant personally cultivating the land of his tenancy, shall be entitled to acquire the rights, titles and interests of his landlord/ownership rights‘ US 23 (I) and an under-tenant shall be entitled to acquire the rights, titles and interests of his landlord, ie intermediary rights' and also the ownership rights.
• 22. Acquisition of ownership :-Govt may by Notification(F-4) UR 8 ,declare that"
• (i) the rights, titles and interests of land-lords shall stand transferred to and vest in the respective occupancy tenants.
• (ii) the rights, titles and interests of landlords in respect of holding held by occupancy tenants or non-occupancy tenants but cultivated by an under-tenant ,the intermediary rights of the occupancy tenants or non-occupancy tenants, as the case may be, shall stand transferred to and vest in the respective under-tenants

​

• 23. Acquisition of ownership rights and intermediary rights by tenants. -
• (I) Any occupancy tenant personally cultivating the land of his tenancy, desirous of acquiring the ownership rights of his landlord may at any time make an application(F-5) in writing to the DC, UR 9 and on such application being made DC will pass order by causing service of notice(F-6) UR 10 and publication of declaration UR 13(F-7) then compensation as provided in Section 24/25 in determined and paid by the occupancy tenant free from all encumbrances .

(II) Any under-tenant, as defined in The Assam (TSD) Tenancy Act, 1935, cultivating the holding of an occupancy tenant or non-occupancy tenant from a date prior to commencement of this Act, desirous of acquiring the intermediary rights of his landlord and the ownership rights of the land-owner of his holding, may at any time make an application in writing to the DC, and on such application being made and compensation as provided in Section 24 is determined and paid by the under-tenant, the DC shall declare the under-tenant to acquired intermediary/ownership rights of landlord and free from all encumbrances.

​

• 24. Compensation. - The total compensation payable for acquiring the ownership rights as well as the intermediary rights if any, of any holding shall be assesed by DC by causing service of notice (F-8) and return/report(F-9) UR 14 an amount equal to 50 times the full rate of annual land revenue payable for such land.
• 25. Apportionment of compensation. - (1) Where an occupancy tenant is personally cultivating the holding, his landlord shall be entitled to receive the entire amount of 50 times of land revenue.
• (2) Where an under-tenant is cultivating from a date prior to commencement of this Act, the total amount of compensation shall be apportioned as follows ,landlord 75% and tenant 25% .
• 26. Procedure for payment of compensation. DC shall give notice to the landlord and all other persons having interests and then pay the amount obtaining Ind/bond(F-10) UR 16.

Ejectment�

• 50. Forfeiture of tenancy on sub-letting and transfer. - If a tenant sub-lets or transfers the whole or any part of his holding then the tenant's interest thereon shall be forfeited; and
• (a) if the transferee is an agriculturist, he shall be deemed to have become a tenant under the landlord under the same terms and conditions as the transfereror;
• (b) if the transferee is a non-agriculturist then transfer shall be void and the Deputy Commissioner may, after such enquiry, and after ejecting any persons in possession, place any landless agriculturist as a non-occupancy tenant of the landlord.

• 51. Grounds of ejectment. - (1) An occupancy tenant shall not be ejected by his landlord from his holding except in execution of a decree for ejectment passed on the ground that he has used the land comprised in his holding in a manner which renders it unfit for the purpose of the tenancy.
• (2) Any tenant, not being an occupancy tenant, shall not be ejected from the land of his tenancy except in execution of a decree for ejectment passed following grounds, namely"
• (a) that he has used the land comprised in his holding in a manner which renders it unfit.
• (b) that he has broken a condition of his tenancy consistent with the provisions liable to be ejected;
• (c) that he has failed to pay the arrear of rent; and
• (d) that the land is bona fide required by the landlord for his personal cultivation.
• 54. Procedure of ejectment. - (1) No tenant shall be ejected from his holding except in execution of an ejectment decree passed by a competent Civil Court

• 55. Power to order preparation of record-of-rights for tenants. 
• 56. Particulars to be recorded. 
• 57. Preliminary publication, amendment and final publication of record-of-rights.
• 58. Certificate as to final publication as to correctness of record-of-rights.
• 60. Power to direct maintenance of record-of-rights:-The Govt may make an order directing that the record-of-rights in any district, local area, estate or class of estates prepared under Chapter III, Part D, of the ALRR 1886, or under this Chapter shall be maintained, so far as the interests of tenants by registering all changes in the ownership accompanied by possession of such interests.

​

• 61. Procedure on application for registration or on information received otherwise. - When an order is made US 60 the DC or an officer invested with the powers of DC US 50 to 54 of the ALRR, 1886, who receive information of any change in the ownership and possession, of any such interest may make an order directing the registration(Mutation) of the name of the person so entering into ownership and possession : Provided that-
• (a) the information has been verified by local enquiry made by an officer having the powers of Deputy Commissioner under Sections 50 to 54 of ALRR, 1886; or
• (b) notice has been published an enquiry held in a manner US 52/53 of ALRR, 1886.
• 62. Application to set aside order directing the registration. - Where any person is aggrieved by an order directing registration US 61 he may apply to the officer passing the order or his successor in office to set aside the order and on receipt of such application the officer receiving it shall cancel the registration and then proceed to publish the notice and hold the enquiry as in clause (b) of the proviso to Section 61.

​

• 63. Surrenders. - No tenant shall voluntarily surrender his holding except with the prior permission from the DC"
• (1) if such surrender is not approved by the DC;
• (2) if the tenant does not give at least 3 months notice in writing to the landlord; and
• (3) if it is done without the consent of the encumbrancer or under-tenant if any .
• Provided that the landlord shall not be eligible to resume the land for personal cultivation. The DC may, when he permits a surrender place a landless Agriculturist in the holding who shall, thereafter, become a non-occupancy tenant of the landlord.

• 64. Abandonment. - (1) If a tenant not being an occupancy tenant voluntarily abandons without notice to his landlord and without arranging for payment of his rent, ceases to cultivate his holding, either by himself or by some other person, and is not traceable in spite of the best efforts of the landlord, then the landlord may, at any time after expiration of two years from the date of the tenant's ceasing to cultivate the holding and after giving information to the DC and obtaining his permission thereto enter on the holding.
• (2) If the landlord is a proprietor or a land-holder, he may let it out to another tenant subject to the provisions of any law for the time being in force, or cultivate the land himself; but if the landlord is himself a tenant, he shall not let it out again to an under-tenant.
• (3) If the tenant abandoning the land has an under-tenant below him existing from a date prior to commencement of this Act the said under-tenant shall become a tenant under the landlord on the same terms and conditions as those on which the tenant who abandoned the land had held it.

• 65. Merger. - When the landlord of any tenant's holding is a proprietor, land-holder or settlement holder and the entire interests of the landlord and the tenant in the holding become united in the same person fry transfer, succession or otherwise, such person shall have no right to hold the land as a tenant but shall hold it as a proprietor, land-holder or settlement holder, as the case may be; but nothing in this section shall prejudicially affect the rights of any third person

​

• 67. Appeals. - In all proceedings under this Act before a Revenue Officer or in a Revenue Court, except those in connection with preparation or record-of-rights under Chapter X and except where otherwise expressly provided for, appeals shall lie as follows-
• (a) to the Assam Board of Revenue from original order of the Deputy Commissioner or the Settle-ment Officer, within 60 days of the order appealed against;
• (b) to the Deputy Commissioner or the Settlement Officer, within 30 days of the order appealed against, from orders passed by any Revenue Officer sub-ordinate to him, even if the latter was exercising the delegated power of the Deputy Commissioner or the Settlement Officer when passing such order;

​

THANK YOU