ASSAM (TEMPORARILY SETTLED AREAS) TENANCY ACT, 1971
[Assam Act XXIII of 1971]
Dated the 10th December, 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 righ
1. Short title, extent and commencement - (1) This Act may be called the Assam (Temporarily Settled Areas) Tenancy Act, 1971.
(2) It shall come into force at once.1
(3) It extends to:-
(a) The districts of Kamrup, Nowgong, Darrang, Sibsagar and Lakhimpur.
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, vi
3. Definitions - In this Act, unless there is anything repugnant in the subject or context:
(1) "Agriculture" includes horticulture, pisciculture and other allied agricultural pursuits.
(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.
4. Classes of Tenants - (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, 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, tha
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.
(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 continuo
Section 5 of the Assam (Temporarily Settled Areas) Tenancy Act, 1971, defines and governs the acquisition of occupancy rights by tenants. It provides that a tenant who has continuously held land for not less than 3 years acquires occupancy rights, making such tenants heritable, transferable, and protected against arbitrary eviction. This section is pivotal for stabilizing tenancy relations in temporarily settled areas, linking to broader protections under Sections 51 and 54, and enabling pathways to ownership under Section 23 upon personal cultivation.
Section 5 stipulates: "(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." It deems continuous holding despite changes in landlords if the land remains the same (sub-section 3). Occupancy tenants gain permanent, heritable, and transferable rights, subject to restrictions like personal cultivation requirements for further benefits.
Section 5 confers protected occupancy status, barring eviction except under Section 51 (e.g., misuse of land). It enables claims for ownership (Section 23) via revenue processes, with civil courts having limited jurisdiction (Section 66 bars record-of-rights disputes). Applies retrospectively to pre-1971 privileged tenants (Section 4(2)). Vested rights survive amendments excluding town lands.
No direct punishment specified in Section 5. Violations (e.g., fraudulent claims) attract general penalties under Section 71 (fine/imprisonment up to 6 months). Eviction decrees ignoring Section 5 are nullities, executable only for mesne profits. Indirect enforcement via Section 51 ejectment suits or revenue corrections.
6. Incidence of occupancy right - 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.
7. Devolution of death - If a tenant dies in testate 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 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.
9. Prohibition of subletting - From the date of commencement of this Act, 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 in any manner which does not materially impair the value of the land or render it unfit for the purpose of tenancy.
11. Right in trees - 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
(iv
12. Obligation to pay fair rent - 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:
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 of (ii) at less than the revenue-rate in addition to service to be
13. Restriction on enhancement of rent - Rent of an occupancy tenant shall not be enhanced except as provided for in Chapter VII of this Act.
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 the 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.
(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,
16. Prohibition of sub-letting - From the date of commencement of this Act, a non-occupancy tenant shall have no right to sub-let his land.
17. Obligation to pay fair rent - 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.
18. Restrictions on enhancement of rent - Rent of a non-occupancy tenant shall not be enhanced except as provided for in Chapter VII of this Act.
19. Protection against ejectment - A non-occupancy tenant shall not be ejected except as provided for in Chapter IX of this Act.
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:
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 ac
21. Acquisition of ownership rights and intermediary rights by tenants - 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 land-lord, hereinafter called ‘the ownership rights' according to the provisions of Section 23 (I):
Provided that where the holding of an occupancy t
22. Acquisition of ownership rights and intermediary rights by Government for tenants - 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 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 encumbran
23. Acquisition of ownership rights and intermediary rights 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 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
24. Compensation - 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.
25. Apportionment of compensation - (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 apportio
26. Procedure for payment of compensation - (1) In all cases of acquisition under this Chapter, the Deputy Commissioner shall give notice to the land-lord and all other persons having interests in the land and also fix a copy thereof 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.<
27. Liability to pay rent - 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.
28. Maximum are of rent - The maximum rate of rent payable by an occupancy or non-occupancy tenant shall be as follows:-
(a) In case of cash rent, not exceeding 3 times of the land revenue payable for such land.
(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:
<29. Grounds for enhancement of rent - Subject to the maximum limits laid down in section 28 of his Act, the rent of a tenant shall be liable to enhancement on one or more of the following grounds, namely:-
(i) That the productive powers of the land held by the tenant have been increased by fluvial action.
(ii) That the productive powers of the land
30. Procedure for enhancement of rent - A land-lord of any holding desiring an enhancement of rent on any ground mentioned in section 29 may apply to the Deputy Commissioner stating the specific ground on which the claim for enhancement rests. The Deputy Commissioner shall thereupon make the necessary inquiry, and may, for that purpose, cause an inspection of the land by a Revenue Officer, and shall thereafter pass such orders as deemed fit subject always to the maximum rate of rent laid down in section 28 of th
31. Grounds for reduction of rent - The rent of a tenant shall be, liable to reduction on one or more of the following grounds, namely:-
(i) That the productive powers of the land held by the tenant have been decreased due to any action of the land-lord or due to any cause beyond the control of the tenant during the currency of the present tenancy.
32. Procedure for reduction of rent - A tenant desiring any reduction of rent or any one or more of the grounds mentioned in section 31 may apply to be Deputy Commissioner stating the specific ground on which the claim for reduction rests. The Deputy Commissioner shall thereupon make the necessary enquiry and may, for this purpose, cause an inspection of the land by a Revenue Officer, and shall thereafter pass such orders as deemed fit.
33. Date of effect - Enhancement or reduction of rent, as the case may be, will take effect from the date of the order of the Deputy Commissioner.
34. When rent is due for payment - (1) Cash-rent shall become due for payment a fortnight earlier than the corresponding land revenue which is payable by his land-lord becomes due for payment, or where such land-lord is not liable to pay the revenue, would have become payable had it been assessed to revenue.
(2) Crop-rent shall become due for delivery within 60 days from the date of harvesting the crop.
35. Arrear of rent - Rent not paid when it falls due shall be deemed to be an arrear.
36. Rent-suit - No arrear of rent shall be realizable otherwise than by a rent-suit filed in the competent Civil Court. They procedure for such rent-suit shall be according to the provisions of the Civil Procedure Code, 1908 and the plaint shall, in addition to matters mentioned in rules 1, 2, 4, 5 and 6 and sub-rule (2) of Rule 9 of Order VII in the first Schedule to Code of Civil Procedure, 1908, specify the area of the land to which the suit relates and where fields are numbered in the village paper
37. Rent receipt - (i) Every tenant who pay his rent shall be entitled to obtain forthwith from his land-lord a written receipt signed by the landlord or his authorized agent.
(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 of rent in kind that has been paid and the year for which it has been paid.
38. Deposit of cash rent or money rent - (1) When a landlord refuses to accept any rent when tendered to him by a tenant or when the tenant is in bona-fide doubt as to who is entitled to receive the rent, the tenant may make an application to the Revenue Officer in the prescribed manner seeking permission to deposit the cash rent or money rent as the case may be along with the cost of transmission, and fee for notice.
(2) The Reve
39. Sale of a holding for arrear of rent in certain cases - (1) Where the unsatisfied rent-decree relates to arrear rent in respect of a holding of any occupancy tenant, he shall not be liable to ejectment for such area. But his holding shall be liable to sale in execution of the unsatisfied rent-decree and the land-lord shall, instead of filing a suit for ejectment, submit and application, accompanied with the rent-decree to the competent Civil Court for attaching and putting the holding of the defaulting tenan
40. Attachment and proclamation of sale - The competent Civil Court, on receipt of the application of the land-lord, shall issue an order of attachment of the holding and also a proclamation of sale of the same.
41. Manner of publication of sale proclamation - The proclamation of sale shall be published in the following manner:-
(a) By affixing a copy thereof in a conspicuous place on the land of the holding.
(b) By affixing a copy thereof in a conspicuous place of the issuing Court.
42. Date of sale - The sale shall not take place until after the expiration of at least 30 days from the date on which all the three conditions of Section 41 are fully complied with:
Provided that no such sale shall take place until after a notice has been served on the judgment debtor.
43. Sale - On the date of the sale, it shall be put up to auction and sold to the highest bidder who shall pay one-fourth of the purchase money on the spot and the balance within 15 days:
Provided that, if the defaulting tenant or an interested person pays the arrear under the decree together with the cost, if any of the sale before the day fixed for sale, then, the sale shall be stayed and the land released from attachm
44. Disposal of the sale proceeds - The proceeds of the sale, after defraying the cost of the sale due to Government, if any, shall be disposed of in the following manner:-
(a) There shall first be paid to the decree-holder the cost, if any, incurred by him in bringing the holding to sale.
(b) There shall next be paid to him the amount under the dec
45. Setting aside of sale on deposit of decretal amount - The defaulting tenant or any interested person may, within 30 days of the date of the sale apply to the Court conducting the sale to set aside the sale on depositing in the Court, (a) the decretal amount together with cost of the sale for payment to the decree-holder and (b) a sum equal to 5 per cent of the purchase money for payment to the auction purchaser as a penalty and (e) the cost of the sale, if any, payable to the Government and the Court shall t
46. Setting aside of sale on ground of irregularity, etc. - The defaulting tenant, the decree-holder or any other interested persons may, within 60 days of the date of the sale, apply to the Court to set aside the sale on the ground of material irregularity, or fraud or mistake in publishing or conducting the sale:
Provided that no sale shall be set aside on this ground unless the applicant proves to the satisfaction of the Court
47. Confirmation of the sale - If there is no application to set aside the sale under sections 45 and 46 or if any such application has been disallowed, the Court shall make an order confirming the sale, which shall, thereupon, become absolute.
48. Auction purchaser to take the holding subject to certain encumbrances - The auction purchaser shall take the holding subject to lawful encumbrances, if any, including grant of land for public worship, public cremation ground or public burial ground.
49. Recovery of certain loans, etc. by the above procedure - Nothing in this Act shall prevent a holding of an occupancy tenant or a non-occupancy tenant being sold in the manner laid down above under orders of the Deputy Commissioner for the recovery of (i) a loan advanced by the State Government, the Union Government or a Co-operative Society, or (ii) any other Government dues, but the rent of the holding shall remain the first charge on the sale proceeds after defraying the cost of the sale.
50. Forfeiture of tenancy on subletting and transfer - If a tenant sublets or transfers the whole or any part of his holding otherwise than in accordance with the provision of this Act, then the tenant's interest thereon shall be forfeited.
(a) If the transferee is an agriculturist, he shall be deemed to have become a tenant under the land-lord under the same terms and conditions as the transferor.
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 p
52. Rights of ejected tenants to cost of improvement - Every tenant who is ordered to be ejected from his holding shall be entitled to compensation for improvements lawfully made by him or his predecessors in interest in respect of his holding and the Court's order for ejectment shall be made conditional on payment of the compensation.
In estimating the compensation to be paid for improvement, regard shall be had to the following:
53. Rights of ejected tenants in respect of crops, dwelling house, etc. - The following provisions shall apply in the case of every tenant ejected from a holding:-
(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
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; 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
1[54A. Restoration of possession to tenant or under-tenant ejected or whose cultivation is prevented - (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 under-tenant is terminated
55. Power to order preparation of record-of-rights for tenants - (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.
56. Particulars to be recorded - 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 tenan
57. Preliminary publication, amendment and final publication of record-of-rights - (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 there from, during the period of publication.
(2) Where such objections have been conside
58. Certificate of and presumption as to final publication and presumption as to correctness of record-of-rights - (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.
59. Appeal to and revision by supervision by superior authorities - (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 authorized 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 Direct
60. Power to direct maintenance of record-of-rights - 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.
61. Procedure on application for registration or on information received otherwise - 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
62. Application to set aside order directing the registration - 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
63. Surrenders - 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.
64. Abandonment - (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 Day, at any time after expiration of two years from the date of the tenant's ceasing to cultivate the holding and after giving information
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 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.
66. Matters exempted from cognizance of Civil Court - 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.
67. Appeals - 1[(1) In all proceedings under this Act before a Revenue Officer or in a Revenue Court, except those in connection with preparation of 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 Settlement Officer, within 60 days of the order appealed against.
68. Jurisdiction of Civil Court - Except as provided in Section 66 and 67 the Civil Court shall have jurisdiction in all suits between landlord and tenant as such.
69. Power to modify Civil Procedure Code into application to landlord and tenant suits - (i) The State Government may, from time to time make rules consistent with that Act declaring that any portion of the Civil Procedure Code, 1908, shall not apply to suits between landlord and tenants as such or to any specified classes of such suits or apply to them subject to modifications specified in the rules.
(ii) Subject to any rules mad
70. Delegation of Powers - The State Government may, by notification in the Official Gazette, invest generally or for special purposes and with such restrictions or conditions as it deems fit:-
(a) Any Revenue Officer or Assistant Settlement Officer with all or any of the powers of the Deputy Commissioner or the Settlement Officer.
(b) Any Settlemen
71. Penalties - Whoever:-
(i) Wilfully fails or neglects to comply with any requirements made of him under this Act.
(ii) Contravenes any lawful order passed under this Act.
(iii) Obstructs the Deputy Commissioner or the Revenue Officer or any Officer authorized by hi
72. Protection of action taken in good faith - No suit or processing or other legal proceeding shall lie against any person for anything done in good faith in pursuance of any of the provisions of the Act or the Rules or orders made thereunder.
73. Power to order production of documents, etc. - The Deputy Commissioner, may, for the purpose of this Act, require any person to produce any documents, paper or register which is in his possession or under his control, or to furnish any information which he may think necessary for the proper discharge of any duties under this Act.
74. Power for enforcing attendance, etc. - Any officer, or authority holding an enquiry or hearing an appeal under this Act, shall have the power of a Civil Court under the Code of Civil Procedure, 1908 in respect of:-
(a) Enforcing attendance of any person and his examination on oath.
(b) Compelling production of document.
75. Power to make rules - (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of the Act.
(2) Every rule made under this section shall be laid as soon as may be after it is made, before the State Legislature while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the sessi
76. Repeal and Saving - (1) The Assam (Temporarily Settled Districts) Tenancy Act, 1935 and the Assam Adhir Protection and Regulation Act, 1948 are hereby repealed.
(2) Notwithstanding such repeal:
(a) Any rule made, any order issued, any notification published, any proceeding commenced, any action taken, or any thing whatsoever done under the Acts
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