8 ASSAM ACT IV OF 1971 TH E GO ALPARA TEN ANC Y (AM ENDM ENT) ACT, 1970 (Receiv ed the as se nt o f the Go vernor on th e 19th January, 1971) [Pub lished in the Assam Gazette Extrao rdin ary ,? dated the 25th Ja nu ary, 1971] An Act furthe r to amend the Goalpara Tenancy Ac t, 1929 b Preamble. Whereas it is expedient fur the r to amend the 4SSp’?Q9pC Goalp ara Tena ncy Act, 1929, hereinafte r' called the ° ’ princi pal A ct, in the ma nner hereinafter app ear ing ;
It is hereby enacted in the Twenty -fir st Year of the Re pub lic of India as follows : — Short title, 1. (1 ) This Act may be called the Goa lpara exten t and Ten ancy (Amendm ent) Act, 1970.commence- 1 v ment.
(2) It shall have the like extent as the pri nc ipa l Act .
(3) It shall come into force at once. . . ' * Amendment 2. In section 4 o f the princi pal A ct,— of section 4 of Assam Act 1 o f 1929.
(1) In clause (17),—
(a) afte r the word “ tena nt ” the punctuat ion - shall be deleted an d the following shall be add ed, nam ely : — 4 “ and shall include the s hare of c rop deliv erab le by a ten an t
(b) For the second pa rag rap h, the following shall be substituted, name ly: — “ Prov ided th at where Governm ent is a land lord , re nt shall be pa id in cash and not in kind ;” 9
(c) After the second pa rag raph as so sub sti tuted following shall be added as the thi rd pa ragrap h, nam ely : — “ Share of crop shall mean the sha re of the pr inc ipa l crop grow n in each agr icu ltur al year and will be determ ined by mu tua l agreem ent be tween the land lor d and t he tenant , subjec t to the maxim um of onefifth of th e produce of prin cipal crop grown in each agricultura l year , but shal l not exceed fair rent :
Provided th at lan dlo rd’s share shall not exceed fair rent .”
(2) in clause (20),—
(a) the punctua tion “ ,” occu rring between the words “person” and “ bu t” shall be deleted * an d the following shall be inserted followed by the punc tua tio n namely :— “ and includes a person who, unde r the system generally known as “ adh i (whethe r Guchiadh i or gutiadhi) ‘barg a’, ‘bhag’, ‘chukti ’ or ‘chukani ’, cu ltiva tes the l and of ano the r person on condition of deliv ering a share or qu an tity of the produce of such lan d to that per son .”
(b) the following proviso shall be added, na me ly:— “ Provide d that the labourers employed for persona l cul tivation shall not be deemed to be tena nt within the meaning of th is clause .”
(c) the e xplanatio n (2) shall be dele ted.
(3) After clause (21) the following shal l be inserted as clauses (22), (23), (24) and (25), nam ely :— “ (22) ‘Prin cip al cro p’ shall be only one crop for eac h agricultura l year as may be agreed upon mu tua lly betw een the landlo rd and the te nan t:
a Provided tha t w here the re is no agreement, the principal crop shall be only one agr icu ltural crop grown in each agr icu ltural y ear in the local area spec i fied as follows:— In the dis tric t of Go alp ara —Saii or such local nam e genera lly used in respect of pad dy known as win ter paddy, the harvestin g of which is done in the months ol Dec emb er, January and Feb ruary corresp onding to Pausa, Mag ha and Phalguna .
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(23) ‘Money ren t’ in relation to ren t payable in crop share for purpose of deposit into court and or calculatio n of arr ea r ren t is the money valu e of the cro p deliverab le by a ten an t to a landlo rd and such mon ey va’ue shal l be computed on the basis of the mar ket value of th at crop prevailin g at the time of harvestin g in the loca lity conce rned.
(24) ‘Personal cul tivatio n’ means cul tivation by the person himself, or by mem ber of his family or by his hire d labourer s on fixed rem unera tio n payable in cash or kind bu t not in crop share, under persona l superv isions of the person him self or any member of his family , prov ided it is accom panied by the bear ing of risks of cult ivat ion by the own er and by residence in the villag e in which the land is sit uate d or nearby village w ithin a distance of 5 miles dur ing the greater pa rt of the agricultura l season :
Provided tha t in the case of a person who is a widow or minor, or is subject to any physical or men tal disabi lity or is a mem ber of the Defence Forces of the In dian Union or is a student below the age of 21 years of an educat ional Ins titu tion recogn ised by the Sta te Gov ernmen t, the land shall be deem ed under personal cultiv ation even in the absence of such personal supervision.
;25' ‘Fair ren t in rela tion to en t payable in crop share’ means the rat e of re nt no t exceeding one-fifth of the produc e of the prin cipa l crop grown in each agr icu ltur al ye ar :
Provided that where the crop fails due to natural calam ities and the payment of crop share is no t possible due to circumstances beyond the control of the ten ant , a sum equa l to double the annual land revenue or rent payable by his immediate land- lord for such holding shall be fair re nt .” Amendment 3. In section 6 o f the prin cipal Act, in clause (4) of section the punctuatio n “ , ” occurring between the. words -S 6 ° r ^ san) “r aiy at” and “b ut” shall be deleted and the following C t1929 shall be inserted followed by the pun ctuation “ , ” .
“ and includes a person who, under the system gene rally known as ‘adhi ’ (whethe r gtichiadhi or Gu tiadhi), ‘barg a’, ‘bhag’, ‘chukt i’ or ‘chu kan i’, culti vates the l and or ano ther person on condition of deliver ing a share or quanti ty of the produce of such land to that person.” _____ inse rtion of 4. After seclion 182 of the pr incipa l Act, the and^isl fo ^ o w *n g n e w s e c t i° n s shall be inserte d, na mely:— in Assam Act I of 1929.
“ 183. (1) The Assam Adhiars P rotection and Regula tion Act, 1948, so far as it applies to the areas in which the principa l Act (The Go alpara Tenancy Act, 1929) is applica ble , is hereby repealed .
(2) On such repeal, all the provisions of this Act shall be app lica ble to the Adhiars within the mea ning of the Assam Adhiars Protection and Regula tion Act, 1948 here by repe aled and such Adhiars will acquire the status of an und er- raiyat with or withou t a limited r ight of occupancy as th e case may be, under (his Act,
184. On t he repeal of the Assam Adhiars Protection an d Reg ula tion Act, 1948.
(1) The Adhi Conc iliation Board shall be deem ed to have been aboli hed and all the members the reo f and the officers working therein shall be deemed to hav e relinquished their posts as mem bers of officers, as the case may be, of the Board.
(2) Ail the p roceedings pending before t he Adhi Conc iliat ion Board shall s tand transfei red to the Civil Co ur t competent to enter tain and dispose of the m atter as if the proceedings w ere ren t suits between the par ties and the Court shall proceed to dispose of the same as rent suit .” ASSAM AC T V OF 1971 (R eceiv ed the as se nt o f the Go vernor on the 3rd February 1971) THE SYLHET TENANCY (AM ENDM ENT) ACT 1970 [P u b li ih ed in th e Assam Ga zette E x tr a o rd in a ry , d a te d th e 9 th F e b ru a ry 1971 ] An Act fu rt he r to amend the S ylhet Ten ancy Act , 19 36 .
Preamble. Whereas it is expedient fur the r to amend the Sylhe t Asirtn ac» Tenancy Act, 1936, hereinafter called the prin cipal X I of 1836, Act, in t he ma nner her einafte r appearing ;