(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.
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, 36 years' grants under the New Lease Rules though now assessed with full revenue and lease for special cultivation under settlement rules framed from time to time under the Assam Land and Revenue Regulation, 1886.
(II) Purposes ancillary for special cultivation shall mean the following:-
(i) land used for factory buildings ;
(ii) land used for staff buildings including labour lines ;
(iii) 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, crèche, recreation club and playground;
(vi) Land used for any other buildings made by management under any other law in force ;
(vii) land used for seed "bari";
(f) lands included in town land.
I of 1886 Definitions. 3. In this Act, unless there is anything repugnant in the subject or context,-
(1) "agriculture" includes horticulture, pisciculture and other allied agricultural pursuits;
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(2) "agricultural year" means the year commencing from the first day of Baisakh and ending with the last day of Chaitra, according to Assamese Calendar;
(3) "agriculturist" means a person who cultivates 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, which is suitable to the holding and which is executed directly for the benefit of the holding, and includes,-
(a) construction of wells, tanks, water channels or other works for storage, supply or distribution of water for the purpose of agriculture or for drinking or for the use of men and cattle employed in agriculture ;
(b) drainage, reclamation from rivers or other waters or protection from flood, erosion or other damage by water, or land used for agricultural purposes or waste land which is culturable ;
(c) erection of dwelling house for tenant and his family together with all necessary outhouses;
(6) "land" means "agricultural land";and "agricultural land" means land used for agricultural purpose or purposes subservient thereto.
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 immediately under whom a tenant holds but does not include any Government ;
(8) "money rent" 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 payable 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 that 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 member 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 4 village in which the land is situated or nearby village or town within a distance of 5 miles during the greater part 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 member of the Defence forces of the Indian 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 tenant:
Provided that where there is no agreement, the principal crop shall be only one agricultural crop grown in each agricultural year viz., sali 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, corresponding to Agrahayana, Pausa and Magha ;
(13) "rent" means whatever is lawfully payable or deliverable by the tenant 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 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 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 another 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), 'barga', '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 person:
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Provided that a person who cultivates or holds land immediately under the State Government is not a tenant within the meaning of this definition.
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;
1 [ (18) Town land" means any land-
(a) included within the limits of the city of Gauhati as constituted and notified under the provisions of sub-section
(1) of Section 42 the Gauhati Municipal Corporation Act, 1969 (Assam Act I of 1973),
(b) that may be included further in the city of Gauhati from time to time under the provisions of subsection (2) of Section 42 of the Gauhati Municipal Corporation Act, 1969,
(c) of any other town notified as a city under the provisions of any other Municipal Corporation Act for the time being in force,
(d) within an area declared or deemed to be a Municipality or notified area under the Assam Municipal Act, 1956 (Assam Act XV of 1957),
(e) any other land which the State Government may declare under the Assam Land and Revenue Regulation 1886 or in accordance with the provisions of Section 3 of the Assam Land Revenue Re-Assessment Act, 1936 (Assam Act VIII of 1936).]
(19) The following words shall have the same meaning as is assigned to them in the Assam Land and Revenue Regulation, 1886, or the Rules framed thereunder:- "estates", "temporarily-settled-estate", "land-revenue", "proprietor" ,"land holder", "settlement-holder", "periodic lease", "special cultivation", "ordinary cultivation".
1 of 1886.
1. Subs. by Assam Act No.VII of 1983.
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CHAPTER II Classes of Tenants Classes of Tenants.
4. (1) There shall be, for the purpose of this Act, only the following classes of tenants, namely,-
(i) Occupancy tenant, that is to say, a tenant holding immediately under a proprietor, landholder 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, landholder or settlement- holder other than landholder 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 shall henceforward be recorded as an Occupancy Tenant:
Provided that he shall, subject to the provisions of section 28 of this 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.
Assam Act III of 1935.
CHAPTER III Occupancy Tenant Acquisition of occupancy rights.
5. (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.
(2) The period of 3 years may be wholly or partly before or after the commencement of this Act.
(3) A person shall be deemed, for the purposes of this section to have continuously held land under a landlord notwithstanding that the particular landlord under whom he held the land was different at different times, provided the land held by him was the same.
(4) A person shall be deemed, for the purposes of this section, to have held as a tenant any land held as a tenant by a person whose heir he is.
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(5) If a tenant recovers possession of his holding under any law in force, any period during which he might have been out of possession, shall count towards the period specified in subsection (1).
Incidence of occupancy right.
6. An occupancy tenant shall have permanent, heritable and transferable right of use and occupancy in the land of his holding, subject to the other provisions of this Act.
Devolution on death.
7. 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.
Right of transfer.
8. An occupancy tenant shall have a right of transfer in respect of his holding with prior permission of the Government in the manner prescribed. A notice of such transfer shall be served on the landlord in the manner prescribed :
Provided that an occupancy tenant shall not transfer his land to a non-agriculturist.
Prohibition of sub-letting.
9. From the date of commencement of this Act, an occupancy tenant shall have no right to sub-let his land.
Right of use of land.
10. An occupancy tenant may use the land of his tenancy in any manner which does not materially impair the value of the land or render it unfit for the purpose of tenancy.
Right in trees. 11. An occupancy tenant shall be entitled, if there is no under-tenant under him,-
(i) to plant, (ii) to enjoy the flowers, fruits and other products of, (iii)to fell, and (iv) to utilise and dispose of the timber of any tree on such land :
Provided that in doing so he does not contravene the provisions of any law :
Provided further that he shall not be entitled without landlord's consent, to fell, utilise or dispose of the timber of any tree which stood on the holding before the creation of the tenancy. When the tenancy is over 20 years old, all trees standing on the land shall be presumed, until the contrary is proved, to have been planted or to have begun to grow during the tenancy.
Obligation to pay fair rent.
12.
Any occupancy tenant shall pay rent for his holding at fair and equitable rate, subject to the maximum rate of rent laid down under the provisions of section 28 of this Act :
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Provided that if the tenant has been holding his land for a continuous period of not less than 10 years (i) at a rate of rent never exceeding the revenue rate or (ii) at less than the revenuerate in addition to service to be rendered by him then the rent at the revenue-rate shall be deemed to be the fair and equitable rent.
Restriction enhancement of rent.
13.
Rent of an occupancy tenant shall not be enhanced except as provided for in Chapter VII of this Act.
Protection from ejectment.
14. An occupancy tenant shall not be liable to ejectment from his holding except as provided for in Chapter IX of this Act.
CHAPTER IV Non-Occupancy Tenant Incidence of the tenancy.
15. (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.
(b) A non-occupancy holding shall not be transferable except for the purpose of mortgage for the purpose of agriculture only in favour of the State Government, the Union Government, a Cooperative Society or an authorised bank to secure loan advanced by such Government, Society, or Bank and in the event of any default in the repayment of such loan, it shall be lawful for the Government, the Society or the bank as the case may be, to cause the tenant's interest in the land to be attached and sold under the authority provided for in Section 49 of this Act and to apply the proceeds in payment of such loan.
Prohibition of sub-letting.
16. From the date of commencement of this Act, a non-occupancy tenant shall have no right to sub- let his land.
Obligation to pay fair rent.
17. A non-occupancy tenant shall pay rent for his holding at fair and equitable rate, subject to the maximum rate of rent laid down under provisions of Section 28 of this Act.
Restrictions on enhancement of rent.
18. Rent of a non-occupancy tenant shall not be enhanced except as provided for in Chapter VII of this Act.
Protection against ejectment.
19. A non-occupancy tenant shall not be ejected except as provided for in Chapter IX of this Act.
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CHAPTER V Under- Tenant Prohibition against creating new undertenant fenancy.
20. 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 :
Provided that any under-tenant holding any land prior to the enforcement of this Act, shall, however, continue to hold the same on the same terms and conditions as immediately before the commencement of this Act until he acquires the intermediary and ownership rights of his holding under the provisions of Chapter VI.
CHAPTER VI Acquisition of intermediary and ownership rights Acquisition of ownership rights and intermediary rights by tenants.
21. Notwithstanding anything to the contrary in any law, custom, or agreement, an occupancy tenant personally cultivating the land of his tenancy, shall be entitled to acquire the rights, titles and interests of his landlord, hereinafter called 'the ownership rights' according to the provisions of Section 23(I):
Provided that where the holding of an occupancy tenant is being cultivated by an under-tenant as defined in The Assam (Temporarily Settled District) Tenancy Act, 1935, from any date prior to enforcement of this Act, such under-tenant shall be entitled to acquire the rights, titles and interests of his landlord, hereinafter called 'the intermediary rights' and also the ownership rights of the land owner of the holding according to provisions of Section 23 (II) :
Provided further that the ownership rights of any land of a land lord who is a widow or a minor or physically or mentally disabled person or a member of the Defence Services shall not be liable to acquisition under the provisions of this Chapter.
Acquisition of ownership rights and intermediary rights by Government for tenants.
22.
The State Government may at any time after the commencement of this Act, by Notification declare that-
(i) the rights, titles and interests of any or all landlords in respect of any holding held and personally cultivated by occupancy tenants, shall stand transferred to and vest in the respective occupancy tenants free from all encumbrances created by the land-lords ;
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(ii) the rights, titles and interests of any or all landlords in respect of holding held by occupancy tenants or non-occupancy tenants but cultivated by an under-tenant as defined in the Assam (Temporarily Settled Districts) Tenancy Act, 1935, from a date prior to commencement of this Act and 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 undertenants free from all encumbrances created by the occupancy tenants or non-occupancy tenants or the land-lords.
On such declaration the provisions of Section 24 shall apply.
Acquisition of ownership rights and intermediary rights by tenants.
23. (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 in writing to the Deputy Commissioner and on such application being made and Compensation as provided in Section 25 is determined and paid by the occupancy tenant, the Deputy Commissioner shall declare the said occupancy tenant to have acquired the ownership rights free from all encumbrances.
(II) Any under-tenant, as defined in The Assam (Temporarily Settled Districts) 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 land-lord and the ownership rights of the land-owner of his holding, may at any time make an application in writing to the Deputy Commissioner, and on such application being made and compensation as provided in Section 24 is determined and paid by the under-tenant, the Deputy Commissioner shall declare the said under-tenant to have acquired the intermediary rights of his land-lord and the ownership rights of his holding free from all encumbrances.
Compensation.
24.
The total compensation payable for acquiring the ownership rights as well as the intermediary rights if any, of any holding shall be an amount equal to 50 times the full rate of annual land revenue payable for such land.
Apportionment of compensation.
25. (1) Where an occupancy tenant is personally cultivating the holding, his land-lord 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:- 11
(a) towards acquisition of ownership right.
(b) towards acquisition of intermediary rights.
75 per cent of the total compensation.
25 per cent of the total compensation.
Procedure for payment of compensation.
26. (1) In all cases of acquisition under this Chapter, the Deputy Commissioner shall give notice to the landlord and all other persons having interests in the land and also fix a copy thereo in a conspicuous place of his office. He shall thereafter make an enquiry as prescribed, hear objections if any and then make an order determining the compensation payable for acquisition of ownership rights as also intermediary rights if any and apportion the same where necessary.
(2) (a) If the acquisition be under section 22, the Deputy Commissioner shall pay the amount as determined from the fund placed at his disposal within a period of 3 months from the date of his passing orders under sub-section (I) above.
(b) If the acquisition be under the provisions of Section 23, the Deputy Commissioner shall direct the occupancy tenant or undertenant as the case may be to deposit the amount within a period of one month from the date of the order under sub-section ( 1) above and pay the compensation within a period of three months from the date of the said order under sub-section (1).
(3) In all cases of acquisition under section 22, the occupancy tenant or under-tenant as the case may be, shall pay to the Government in 5 equated annual instalments the compensation as determined by the Deputy Commissioner, the first instalment payable being due on the expiry of 3 months from the date of his order.
Where any instalment of compensation is not deposited in the Treasury within 30 days from the date of its becoming due, the Deputy Commissioner shall proceed to recover the instalments as if it were an arrear of land revenue.
(4) (a) In case of acquisition under section 22, on deposit of the first instalment of compensation as assessed, the Deputy Commissioner shall issue to the erstwhile tenant a certificate of ownership right and also correct the revenue records,
(b) In case of acquisition under section 23, on deposit of the compensation as assessed, the Deputy Commissioner shall issue to the erstwhile tenant a certificate of ownership right and also correct the revenue records.
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(5) In case of dispute as to the person or persons who are entitled to receive the amount of compensation money, the amount shall be kept in deposit in a Government treasury and the dispute shall be referred to the Civil Court having jurisdiction and the amount shall then be paid in terms of the final decision of the court.
CHAPTER VII Rent liability to pay rent,
27. Notwithstanding anything contained in any law, custom or agreement, no tenant shall be liable to pay rent whether in cash or in kind at a rate exceeding the maximum rate of rent as provided for hereinafter following.
Maximumrate of rent.