(a) Where the tenant has, before the date of his ejectment, sown or planted crops in any land comprised in the holding, he shall be entitled at the option of the landlord, either to retain possession of that land till the harvest for the purpose of tending and gathering in the crops or to receive from the landlord the value of the crops as estimated by the Court executing the ejectment decree. If the landlord elects to allow the tenant to retain possession of the land till the harvest, the tenant shall be liable to pay to the landlord, during the period of such retention of possession such rent as the Court executing the ejectment decree deems reasonable.
(b) Where the tenant has, before the date of his ejectment, prepared for sowing any land of his holding but has not sown or planted crops therein , he shall be entitled to receive from the landlord the value of the labour and capital expended by him in preparing the land, as estimated by the Court executing the ejectment decree, together with reasonable interest on that value.
(c) In the case of an occupancy tenant compensation shall also be payable for trees standing on the land which the occupancy tenant is entitled to cut and appropriate.
(d) No tenant shall be ejected from his dwelling site, except after giving the tenant an option to purchase the dwelling site, and if the dwelling house was constructed at the landlord's cost, then also the dwelling house, at the prevailing market value. If there is any dispute as to the value, then the Court executing the ejectment decree shall determine the value after making such enquiry as it deems fit.
20 Procedure of ejectment.
Restoration of possession to tenant or undertenant ejected or whose cultivation is prevailed.
54.
54A.
(1) No tenant shall be ejected from his holding except in execution of an ejectment decree passed by a competent Civil Court ; and the relevant provisions of the Civil Procedure Code, 1908, shall apply to such proceeding.
(2) No suit for ejectment of a tenant on the grounds mentioned in Section 51 (1) (2) (a) and (b) shall be entertained unless the landlord has first served a notice on the tenant requiring him to remedy, or to pay compensation for the misuse or the breach complained of and the tenant has failed to comply with it within one month of the receipt of the notice.
(3) If it appears to the Court trying the ejectment suit that the complaint of misuse or the breach is true but it is remediable, then it may direct the tenant to remedy the misuse or the breach or to pay a reasonable compensation fixed by it within a specified date, and if the tenant still fails to comply with the direction, shall pass the decree, unless there are other reasons for not passing such decree.
(4) No suit for ejectment on the ground mentioned in Section 51 (2) (c) shall be entertained unless at first a decree for rent has been obtained.
(5) No suit for ejectment on the ground mentioned in Section 51 (2) (d)shall be entertained , unless a three months' notice ending with the date of expiration of the lease has first been served on the tenant.
1 [(1) Without prejudice to any provision in any other law for the time being in force relating to restoration of possession, whenever a tenant or under-tenant referred to in Section 20 of this Act is ejected or caused to be ejected from his holding except in execution of a decree for ejectment passed by a competent Civil Court or whenever the cultivation of land by a tenant or undertenant is terminated or caused to be terminated by the landlord or by anybody else,then the tenant or under-tenant concerned may apply to the Revenue Officer having jurisdiction in the area within 90 days of such ejectment or termination, as the case may be, or in case where such ejectment or termination has taken place after the coming into force of the Assam (Temporarily Settle Areas) Tenancy Act, 1971,but before the coming into force of the Assam (Temporary Settled Areas) Tenancy (Amendment) Act, 1974, within 90 days from the date of coming into force of the Assam (Temporarily Settled Areas) Tenancy (Amendment) Act, 1974 for restoration of possession and the Revenue Officer may, after such enquiry as he may find it necessary and after issuing notice to the landlord or the person preventing the cultivation of land by the tenant or under-tenant, order or direct that the tenant or undertenant be restored to the possession of the land.
(2) On the order passed under the preceding sub-section becoming final under sub-section (2) of section 67, the landlord or any other person against whom the order is passed shall immediately restore possession to the tenant or under-tenant, as the case may be, If the 21 landlord or the person, against whom the order is directed, does not restore the possession within 7 days from the date of the order becoming final than the Revenue Officer, on application by the tenant or under-tenant concerned, shall himself take possession of the holding and deliver it to such tenant or under-tenant, as the case may be.]
CHAPTER X Preparation and maintenance of record-of-rights of tenants Power to order preparation of record-of-rights for tenants.
55.
(1) The State Government may, where a settlement operation under Chapter III of the Assam Land and Revenue Regulation, 1886, is not being carried out at any time, make an order in the case of any local area, estates or part thereof directing that a record-of-rights, with or without survey, for all or any class or classes of tenants be prepared by a Settlement Officer.
(2) A notification in the official Gazette of an order under this section shall be conclusive evidence that the order has been duly made.
(3) The survey shall be made and the record-of-rights prepared in accordance with rules made in this behalf by the State Government.
Particulars to be recorded.
56. Where an order is made under Section 55 the particulars to be recorded shall be specified in the order and may include either without or in addition to other particulars, some or all of the following, namely, -
(a) the name of each tenant ;
(b) the class to which the tenant belongs and the date of creation of the tenancy in respect of non-occupancy tenants ;
(c) the area and situation of the land held by the tenant ;
(d) the name of each tenant's landlord ;
(e) the rent payable at the time the record-of-rights is being prepared ;
(f) the mode in which that rent has been fixed whether by contract, by order of a Court, or otherwise ;
(g) if the rent is a gradually increasing rent, the time at which and the steps by which it increases ;
1. Ins. by Assam Act No. XVIII of 1974.
22
(h) the special conditions and incidence, if any, of the tenancy ;
(i) any right of way or other easement attaching to the land for which the record-of-rights is being prepared :
Provided that, if lands are not used for purpose connected with agriculture, it shall be sufficient to record that fact together with such particulars as may be prescribed.
Preliminary publication, amendment and final publication of record-ofrights.
57.
(1) Where a draft record-of-rights has been prepared, the Settlement Officer shall publish the draft in the prescribed manner and for the prescribed period, and shall receive and consider any objections which may be made to any entry therein, or to any omission therefrom, during the period of publication.
(2) Where such objections have been considered and disposed of according to such rules as the State Government may make, the Settlement Officer shall finally frame the record and shall cause it to be finally published in the prescribed manner and the publication shall be conclusive evidence that the record has been duly made under this Chapter.
Certificate of and presumption as to final publication and presumption as to correctness of record of rights.
58.
(1) Where a record-of-rights has been finally published under section 57, the Settlement Officer shall within such time as the state Government may by general or special order, require, make a certificate stating the fact of such final publication and the date thereof, and shall date and subscribe the same with his name and official title.
(2) The certificate of final publication, or, in the absence of such certificate, a certificate signed by the Deputy Commissioner of a district in which the estate, or part thereof to which the recordof-rights relates is situate, stating that a record-of-rights has been finally published on a specified date shall be conclusive proof of such publication and of the date thereof,
(3) The State Government may, by notification, declare with regard to any estate, that a record-of-rights has been finally published in the village in which the estate is situate and such notification shall be conclusive proof of such publication.
(4) In any suit or other proceeding in which a record-of-rights prepared and published under this Chapter or a duly certified copy thereof, or extract therefrom, is produced, such record-of-rights shall be presumed to have been finally published unless the contrary is proved.
(5) Every entry in a record-of-rights finally published shall be conclusive evidence of the matter referred to in such entry, and shall be presumed to be correct until it is proved by evidence to be incorrect.
23 Appeal to and revision by superior authorities.
59.
(1) An appeal, if presented within two months from the date of the order appealed against, shall lie to the Director of Land Records or any other officer or officers authorised by the State Government in this behalf from every order passed by a Settlement Officer prior to the final publication of the record-of-rights on any objection made.
The orders of the Director of Land Records or any other officer or officers authorised by the State Government in this behalf shall, subject to the following sub-section be final.
(2) The State Government may in any case on application or of its own motion, direct the revision of any record-of-rights or any portion of a record-of-rights :
Provided that no such direction shall be made until reasonable notice has been given to the parties concerned to appear and be heard in the matter.
Power to direct maintenance of record-of-rights.
60 The State Government 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 Assam Land and Revenue Regulation, 1886, or under this Chapter shall be maintained, so far as the interests of tenants of any class or classes are concerned, by registering all changes in the ownership accompanied by possession of such interests.
Procedure on application for registration or on information received otherwise.
61. When an order is made under section 60 the Deputy Commissioner or an officer invested with the powers of Deputy Commissioner under sections 50 to 54 of the Assam Land and Revenue Regulation, 1886 , who receive information through an application or otherwise of any change in the ownership and possession, of any such interest as is referred to in the foregoing section may make an order directing the registration 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 the Assam Land and Revenue Regulation, 1886, or
(b) notice has been published and enquiry held in a manner similar to that prescribed by Sections 52 and 53 of the Assam Land and Revenue Regulation, 1886.
Application to set aside order directing the registration.
62. Where any person is aggrieved by an order directing registration under Section 61 which has been made after verification of the information received by local enquiry only, 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.
24
CHAPTER XI Miscellaneous Surrenders. 63. No tenant shall voluntarily surrender his holding except with the prior permission from the Deputy Commissioner and any voluntary surrender shall not be valid-
(1) if such surrender is not approved by the Deputy Commissioner ;
(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 and approval of the encumbrancer or under-tenant or tenant when there is an encumbrancer or an under-tenant or tenants as the case may be :
Provided that the landlord shall not be eligible to resume the land for personal cultivation. The Deputy Commissioner may, when he permits a surrender place a landless Agriculturist in the holding who shall, thereafter, become a non-occupancy tenant of the landlord.
Abandonment. 64. (1) If a tenant not being an occupancy tenant voluntarily abandons his usual residence in the village or the neighbourhood 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 Deputy Commissioner and obtaining his permission thereto enter on the holding.
(2) If the landlord is a proprietor or a landholder, 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.
Merger. 65. When the landlord of any tenant's holding is a proprietor, landholder or settlement holder and the entire interests of the 25 landlord and the tenant in the holding become united in the same person by 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.
Matters exempted from cognizance of civil Court.
66.
Except where otherwise expressly provided for in this Act or the Rules made thereunder, no Civil Court shall exercise jurisdiction in any of the following matters,-
(a) Claims to enhancement, reduction or alteration of rent of holdings ;
(b) Claims to deposit rent ;
(c) Preparation of record-of-rights under Chapter X and preparatior, signing, or alteration of any document contained therein ;
(d) Maintenance of record-of-rights ;
1[ (e) Claims to restoration of possession under Section 54 A.]
In these matters, the jurisdiction shall only be with the Revenue Court or Officer as the case may be.
Appeals.