Assam (Temporarily Settled Areas) Tenancy Act 1971

{
    "id": 13654,
    "slug": "assam-temporarily-settled-areas-tenancy-act-1971",
    "title": "Assam (Temporarily Settled Areas) Tenancy Act 1971",
    "short_title": "Assam (Temporarily Settled Areas) Tenancy Act 1971",
    "act_number": "(Assam Act 23 of 1971)",
    "act_year": 1971,
    "act_type": "STATE",
    "location": "Assam",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "Assam (Temporarily Settled Areas) Tenancy Act 1971",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title, extent and commencement.",
            "chapter": null,
            "content": "(a) the districts of Kamrup, Nowgong, Darrang, Sibsagar and Lakhimpur;\n(b) Silchar and Hailakandi Sub-divisions of the district of Cachar ; and\n(c) temporarily settled areas of Gossaingaon, Sidli and Bijni Circles of Kokrajhar Sub-division in the district of Goalpara and the temporarily settled areas of Karimganj Sub-division (Now Karimganj is a district).",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Exception.",
            "chapter": null,
            "content": "(a) land included in any Reserved Forest;\n(b) land owned by the Union or the State Government or by local authority which is used for any public purposes;\n(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;\n(d) land which is non-agricultural and situated outside town land area;\n(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.\n(II) Purposes ancillary for special cultivation shall mean the following\"\n(i) land used for factory buildings;\n(ii) land used for staff buildings including labour lines;\n(iii) land used for roads, bridges and drains within the tea estates;\n(iv) land used for nurseries including shade trees;\n(v) land used for hospitals, dispensaries, creche, recreation club and play ground;\n(vi) land used for any other buildings made by management under any other law in force;\n(vii) land used for seed \"bari\";\n(f) lands included in town-land.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Definitions.",
            "chapter": null,
            "content": "(1) \"agriculture\" includes horticulture, pisciculture and other allied agricultural pursuits;\n(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;\n(3) \"Agriculturist\" means a person who cultivated land personally;\n(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;\n(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,\"\n(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;\n(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;\n(c) erection of dwelling-house for tenant and his family together with all necessary outhouses;\n(6) \"land\" means \"agricultural land\"; and \"agricultural land\" means land used for agricultural purpose or purposes subservient thereto.\n(7) \"landlord\" means a person immediately under whom a tenant holds but does not include any Government;\n(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;\n(9) \"notification\" means a notification published in the Official Gazette;\n(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 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 :\n(11) \"prescribed\" means prescribed by rules framed under the Act;\n(12) \"principal crop\" shall mean only one crop for each agricultural year as may be agreed upon mutually between the landlord and the tenant :\n(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;\n(14) \"Revenue Officer\" means any officer with that designation appointed by the State Government for the purposes of this Act;\n(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;\n(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;\n(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 Gutiadhi), '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:\nChapter II\nClasses of Tenants",
            "footnote": "",
            "is_definition": true,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Classes of Tenants.",
            "chapter": null,
            "content": "(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;\n(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\nChapter III\nOccupancy Tenant",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Acquisition of occupancy rights.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Incidence of occupancy right.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Devolution of death.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Right of transfer.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Prohibition of sub-letting.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Right of use of land.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Right in trees.",
            "chapter": null,
            "content": "(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 :",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Obligation to pay fair rent.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Restriction on enhancement of rent.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Protection from ejectment.",
            "chapter": null,
            "content": "Chapter IV\nNon-Occupancy Tenant",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Incidence of the tenancy.",
            "chapter": null,
            "content": "(b) A non-occupancy tenant 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 Co-operative 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.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Prohibition of sub-letting.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Obligation to pay fair rent.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Restrictions on enhancement of rent.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Protection against ejectment.",
            "chapter": null,
            "content": "Chapter V\nUnder-Tenant",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "20",
            "title": "20. Prohibition against creating new under-tenant tenancy.",
            "chapter": null,
            "content": "Chapter VI\nAcquisition of intermediary and ownership rights",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "21",
            "title": "21. Acquisition of ownership rights and intermediary rights by tenants.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "22",
            "title": "22. Acquisition of ownership rights and intermediary rights by Government for tenants.",
            "chapter": null,
            "content": "(i) the rights, titles and interests of any or all land-lords 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 landlords ;\n(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 of 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 under-tenants free from all encumbrances created by the occupancy tenants or non-occupancy tenants or the landlords.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "23",
            "title": "23. Acquisition of ownership rights and intermediary rights by tenants.",
            "chapter": null,
            "content": "(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 landlord 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 landlord and the ownership rights of his holding free from all encumbrances.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "24",
            "title": "24. Compensation.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "25",
            "title": "25. Apportionment of compensation.",
            "chapter": null,
            "content": "(a) Towards acquisition of ownership rights.\n75 percent of the total compensation.\n(b) Towards acquisition of intermediary rights.\n25 percent of the total compensation.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "26",
            "title": "26. Procedure for payment of compensation.",
            "chapter": null,
            "content": "(b) If the acquisition be under the provisions of Section 23, the Deputy Commissioner shall direct the occupancy tenant or under-tenant 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).\n(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.\nChapter VII\nRent",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "27",
            "title": "27. Liability to pay rent.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "28",
            "title": "28. Maximum rate of rent.",
            "chapter": null,
            "content": "(a) in case of cash rent, not exceeding 3 times of the land revenue payable for such land; and\n(b) in case of crop-rent, a rate of rent not exceeding one-fifth of the produce of the principal crop grown in each agricultural year :",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "29",
            "title": "29. Grounds for enhancement of rent.",
            "chapter": null,
            "content": "(i) that the productive powers of the land held by the tenant have been increased by fluvial action; or\n(ii) that the productive powers of the land held by the tenant have been increased by any improvement effected by or at the expense of the landlord; or\n(iii) that the area of the tenant's holding has been increased by alluvion or otherwise; or\n(iv) that the revenue rate payable by the landlord to the State Government in respect of the holding of the tenant has increased.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "30",
            "title": "30. Procedure for enhancement of rent.",
            "chapter": null,
            "content": "(1) Where an enhancement is claimed under Section 29 (i), the Deputy Commissioner shall not take into account any increase in productive powers due to fluvial action, which is merely temporary or casual;\n(2) Where the enhancement is claimed under Section 29 (ii), the Deputy Commissioner shall have regard to actual increase in productive powers caused by the improvement, the cost of improvement, and also the increase or decrease, if any, in the cost of cultivation for utilising the improvement.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "31",
            "title": "31. Grounds for reduction of rent.",
            "chapter": null,
            "content": "(i) that the productive powers of the land held by the tenant have been decreased due to any action of the landlord or due to any cause beyond the control of the tenant during the currency of the present tenancy; or\n(ii) that the area of the tenant's holding has been decreased by diluvion, or by acquisition for public purpose; or\n(iii) that the revenue rate payable by his landlord to the State Government in respect of the tenant's holding has decreased.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "32",
            "title": "32. Procedure for reduction of rent.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "33",
            "title": "33. Date of effect.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "34",
            "title": "34. When rent is due for payment.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 33
        },
        {
            "number": "35",
            "title": "35. Arrear of rent.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 34
        },
        {
            "number": "36",
            "title": "36. Rent-suit.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 35
        },
        {
            "number": "37",
            "title": "37. Rent receipt.",
            "chapter": null,
            "content": "(ii) The receipt shall contain a description of the land for which the rent has been paid, the total amount of rent due, the amount of rent in cash or the quantity or rent in kind that has been paid and the year for which it has been paid.\n(iii) If a receipt does not contain substantially the above particulars, it shall be presumed, until the contrary is shown, to be a full acquittance of the rent due from the tenant.\n(iv) When a landlord or his agent, without reasonable cause, fails to deliver to the tenant a receipt as required by the foregoing sub-sections, the landlord shall be liable to pay as compensation to the tenant a sum not exceeding two hundred rupees for each defaults.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 36
        },
        {
            "number": "38",
            "title": "38. Deposit of cash rent or money rent.",
            "chapter": null,
            "content": "Chapter VIII\nSale for arrear under decree",
            "footnote": "",
            "is_definition": false,
            "sort_order": 37
        },
        {
            "number": "39",
            "title": "39. Sale of a holding for arrear of rent in certain cases.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 38
        },
        {
            "number": "40",
            "title": "40. Attachment and proclamation of sale.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 39
        },
        {
            "number": "41",
            "title": "41. Manner of the publication of sale proclamation.",
            "chapter": null,
            "content": "(a) by affixing a copy thereof in a conspicuous place on the land of the holding; and\n(b) by affixing a copy thereof in a conspicuous place on the land of the issuing Court; and\n(c) by sending by registered post to the defaulting tenant a copy of the order of attachment and a copy of the proclamation of sale.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 40
        },
        {
            "number": "42",
            "title": "42. Date of sale.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 41
        },
        {
            "number": "43",
            "title": "43. Sale.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 42
        },
        {
            "number": "44",
            "title": "44. Disposal of the sale-proceeds.",
            "chapter": null,
            "content": "(a) There shall first be paid to the decree-holder the cost, if any, incurred by him in bringing the holding to sale;\n(b) there shall next be paid to him the amount under the decree;\n(c) the balance, if any, shall then be paid to the defaulting tenant.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 43
        },
        {
            "number": "45",
            "title": "45. Setting aside of sale on deposit of decretal amount.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 44
        },
        {
            "number": "46",
            "title": "46. Setting aside of sale on ground of irregularity, etc.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 45
        },
        {
            "number": "47",
            "title": "47. Confirmation of the sale.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 46
        },
        {
            "number": "48",
            "title": "48. Auction purchaser to take the holding subject to certain encumbrances.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 47
        },
        {
            "number": "49",
            "title": "49. Recovery of certain loans, etc., by the above procedure.",
            "chapter": null,
            "content": "Chapter IX\nEjectment",
            "footnote": "",
            "is_definition": false,
            "sort_order": 48
        },
        {
            "number": "50",
            "title": "50. Forfeiture of tenancy on sub-letting and transfer.",
            "chapter": null,
            "content": "(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;\n(b) if the transferee is a non-agriculturist then such transfer shall be void and the Deputy Commissioner may, after such enquiry as may be prescribed, and after ejecting any persons in possession, place any landless agriculturist as a non-occupancy tenant of the landlord.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 49
        },
        {
            "number": "51",
            "title": "51. Grounds of ejectment.",
            "chapter": null,
            "content": "(a) that he has used the land comprised in his holding in a manner which renders it unfit for the purposes of the J tenancy;\n(b) that he has broken a condition of his tenancy consistent with the provisions of this Act, and on the breach of which he is, under the terms of the contract between himself and his landlord, liable to be ejected;\n(c) that he has failed to pay the arrear of rent; and\n(d) that the land is bona fide required by the landlord for his personal cultivation. No suit for ejectment on this ground shall be entertained before the expiry of 12 months, or after the expiry of 15 months for the date of creation of tenancy :",
            "footnote": "",
            "is_definition": false,
            "sort_order": 50
        },
        {
            "number": "52",
            "title": "52. Rights of ejected tenants to cost of improvement.",
            "chapter": null,
            "content": "(a) the amount by which the produce of the holding or the value of the produce or the value of the holding has increased by the improvement;\n(b) the conditions of the improvement and the probable duration of its effects;\n(c) the labour and capital involved in making the improvement;\n(d) reduction or remission of rent or other advantage given by the landlord to the tenant in consideration of the improvement;\n(e) in case of reclamation or irrigation, the length of time during which the tenant has had the benefit of the improvement at an unenhanced rent.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 51
        },
        {
            "number": "53",
            "title": "53. Rights of ejected tenants in respect of crops, dwelling-house, etc.",
            "chapter": null,
            "content": "(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;\n(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;\n(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;\n(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.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 52
        },
        {
            "number": "54",
            "title": "54. Procedure of ejectment.",
            "chapter": null,
            "content": "Chapter X\nPreparation and maintenance of record-of-rights",
            "footnote": "",
            "is_definition": false,
            "sort_order": 53
        },
        {
            "number": "55",
            "title": "55. Power to order preparation of record-of-rights for tenants.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 54
        },
        {
            "number": "56",
            "title": "56. Particulars to be recorded.",
            "chapter": null,
            "content": "(a) the name of each tenant;\n(b) the class to which the tenant belongs and the date of creation of the tenancy in respect of non-occupancy tenants;\n(c) the area and situation of the land held by the tenant;\n(d) the name of each tenant's landlord;\n(e) the rent payable at the time the record-of-rights is being prepared;\n(f) the mode in which that rent has been fixed whether by contract, by order of a Court, or otherwise;\n(g) if the rent is a gradually increasing rent, the time at which and the steps by which it increases;\n(h) the special conditions and incidence, if any, of the tenancy;\n(i) any right of way or other easement attaching to the land for which the record-of-rights is being prepared :",
            "footnote": "",
            "is_definition": false,
            "sort_order": 55
        },
        {
            "number": "57",
            "title": "57. Preliminary publication, amendment and final publication of record-of-rights.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 56
        },
        {
            "number": "58",
            "title": "58. Certificate of and presumption as to final publication and presumption as to correctness of record-of-rights.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 57
        },
        {
            "number": "59",
            "title": "59. Appeal to and revision by superior authorities.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 58
        },
        {
            "number": "60",
            "title": "60. Power to direct maintenance of record-of-rights.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 59
        },
        {
            "number": "61",
            "title": "61. Procedure on application for registration or on information received otherwise.",
            "chapter": null,
            "content": "(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\n(b) notice has been published an enquiry held in a manner similar to that prescribed by Sections 52 and 53 of the Assam Land and Revenue Regulation, 1886.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 60
        },
        {
            "number": "62",
            "title": "62. Application to set aside order directing the registration.",
            "chapter": null,
            "content": "Chapter XI\nMiscellaneous",
            "footnote": "",
            "is_definition": false,
            "sort_order": 61
        },
        {
            "number": "63",
            "title": "63. Surrenders.",
            "chapter": null,
            "content": "(1) if such surrender is not approved by the Deputy Commissioner;\n(2) if the tenant does not give at least 3 months notice in writing to the landlord; and\n(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 :",
            "footnote": "",
            "is_definition": false,
            "sort_order": 62
        },
        {
            "number": "64",
            "title": "64. Abandonment.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 63
        },
        {
            "number": "65",
            "title": "65. Merger.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 64
        },
        {
            "number": "66",
            "title": "66. Matters exempted from cognizance of Civil Court.",
            "chapter": null,
            "content": "(a) claims to enhancement, reduction or alteration of rent of holdings;\n(b) claims to deposit rent;\n(c) preparation of record-of-rights under Chapter X and preparation, signing, or alteration of any document contained therein;\n(d) maintenance of record-of-rights;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 65
        },
        {
            "number": "67",
            "title": "67. Appeals.",
            "chapter": null,
            "content": "(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;\n(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;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 66
        },
        {
            "number": "68",
            "title": "68. Jurisdiction of Civil Court.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 67
        },
        {
            "number": "69",
            "title": "69. Power to modify Civil Procedure Code in its application to landlord and tenant suits.",
            "chapter": null,
            "content": "(II) Subject to any rules made under the foregoing section and to the other provisions of this Act, the Code of Civil Procedure, 1908, shall apply to all such suits.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 68
        },
        {
            "number": "70",
            "title": "70. Delegation of Powers.",
            "chapter": null,
            "content": "(a) any Revenue Officer or Assistant Settlement Officer with all or any of the powers of the Deputy Com-missioner or the Settlement Officer; and\n(b) any Settlement Officer with all or any of the powers of the Deputy Commissioner for the purposes of and under this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 69
        },
        {
            "number": "71",
            "title": "71. Penalties.",
            "chapter": null,
            "content": "(i) wilfully fails or neglects to comply with any requirements made of him under this Act, or\n(ii) contravenes any lawful order passed under this Act, or\n(iii) obstructs the Deputy Commissioner or the Revenue Officer or any Officer authorised by him in taking any lawful possession under this Act, or\n(iv) wilfully contravenes any provisions made in this Act or Rules made thereunder, or\n(v) furnishes information which he knows or believes to be false or does not believe to be true, shall, on conviction before a Magistrate, and in addition to any other action that may be taken against him, be punishable with imprisonment which may extend to 6 months or with fine which may extend to one thousand rupees or with both.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 70
        },
        {
            "number": "72",
            "title": "72. Protection of action taken in good faith.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 71
        },
        {
            "number": "73",
            "title": "73. Power to order production of documents, etc.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 72
        },
        {
            "number": "74",
            "title": "74. Power of enforcing attendance, etc.",
            "chapter": null,
            "content": "(a) enforcing attendance of any person and his examination on oath;\n(b) compelling production of document; and\n(c) issue of Commission.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 73
        },
        {
            "number": "75",
            "title": "75. Power to make rules.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 74
        },
        {
            "number": "76",
            "title": "76. Repeal and Saving.",
            "chapter": null,
            "content": "(a) any rule made, any order issued, any notification published, any proceeding commenced, any action taken, or any thing whatsoever done under the Acts repealed, shall continue and be deemed to have continued and have effect as if made, issued published, commenced, taken or done under the provisions of this Act;\n(b) any action taken, order made, or other acts, and things done by any officer acting or purporting to act under the Acts repealed shall be valid and shall be deemed always to have been valid and shall not be called in question in any court on the ground of incompetency of the Officer to act under the Acts repealed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 75
        }
    ],
    "metadata": {
        "Act ID": "Last Updated 13th February, 2020 [ass342]",
        "Act Number": "(Assam Act 23 of 1971)",
        "Enactment Date": "",
        "Act Year": "1971",
        "Short Title": "Assam (Temporarily Settled Areas) Tenancy Act 1971",
        "Type": "STATE",
        "Location": "Assam"
    },
    "updated_at": "2026-09-29 21:55:18"
}