ASSAM ACT X V II I OF 1974
(Receiv ed the assen t of the Governor on the 27th May, 1974)
THE ASSAM (TEM PO RA RI LY SE TT LE D AREAS ) TENA NC Y
(AM ENDM ENT) AC T, 1974
[ Pub lished in the Assam Gazett e, Ex traord ina ry, dated the 11 th
Ju ne 1974]
An
Act
to amend the Assam (Temporar ily Sett led Areas) Tenancy Act, 1971
Preamble. WH EREAS it is expedie nt to amend the Assam Assam Act
(Te mpora rily Sett led Areas) Tenan cy Act, 1971,
here inafter calle d the prin cipal Act in the ma nner
hereinafte r appearing ;
It is hereby enacted in the Twenty -fifth Yea r
of the Republic of the India as follows:—
Short title , be called the Assam1. (1) Th is Act may
exten t and (Te mporarily Sett led Areas) Tenan cy (Amendm ent)
commence- A c t , j 9 7 4 .ment .
(2) It shall have the l ike extent as the prin cipal
Act.
Res tora tion
of possession
to ten ant
or un de r
tenant
ejected or
whose cult i
vation is
prevented.
(3) It shal l come into force at once.
2. After Section 54 of the principal Ac t the
following shall be inserted as new Section 54 A,
na mely:—
“ 54 A. (1) With ou t prejudice to any provis ion
in any oth er law for the time being in force rela
ting to res toratio n of possession, whenever a tenant
or un de r-t en an t referred to in Section 20 of this
Act is ejec ted or caused to be ejec ted from his
holding except in execu tion of a decree for ejec t
ment passed by a com petent Civi l Co ur t or when
ever the cul tiva tion of land by a ten an t or unde r
ten an t is terminated or caused to be terminated by
the landlo rd or by any bod y else, then the ten an t
or under-tenant concerned m ay app ly to the R evenue
Officer havin g juri sdic tion in the area within 90
day s of such ejectment or terminat ion , as the case
may be, or in case where such ejectm ent or ter
min atio n has take n place after the com ing into
force of the Assam ( Tem porar ily Set tled Areas)
Rs. OTO Paise only
,:1‘
' ASSAM ACT XVIII OF l974
(Received the assent of the Governor on the 27th May, 1974)
THE ASSAM (TEMPORARILY SETTLED AREAS) TENANCY i
(AMENDMENT) ACT, 1974
[Published in the Assam Gazette, Extraordinary, dated the 11th
June 1974] ,
An
Act
to amend the Assam (Temporarily Settled Areas) Tenancy Act, 1971
Preamble WHEREAS it is expedient to amend the Assam Alum Act
(Temporarily Settled Areas) Tenancy Act, 1971, xxght’f
hereinafter called the principal Act in the manner
hefeinafter appearing;
It is hereby enacted in the Twenty—fifth Year
of the Republic of the India as follows:—
Short title, 1. (1) This Act may be called the Assam
”mm and (Temporarily Settled Areas) Tenancy (Amendment)
°°mm°”“°' Act 1974.
merit. ’
V (2) It shall have the like extent as the principal
Act.
(3) It shall come into force at once.
Restoration 2. After Section 54 of , the principal Act the
of possession following shall be inserted as new Section 54 A,
to tenant namely:—
or under-
61-5333,: “54 A. (1) Without prejudice to any provision
whose culti- in any other law for the time being in force rela—
Vation 11* ting to restoration of possession, Whenever a tenant
prevented. 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 eject-
ment passed by a com etent Civil Court or when-
ever the cultivation 0 land by a tenant or under-
tenant 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 ter-
mination has taken place after the coming into
fame of the Assam (Temporarily Settled Areas)
Rs. 0‘ 10 Paise only
)4?
Ten anc y Act, 1971, bu t before the coming into
force of the Assam ( Tem porar ily Set tled Areas )
Ten ancy (Am end ment) Act , 1974, wi thin 90 days
from the da te of coming into force of the Assam
(Temporarily Settled Areas) Ten ancy (Am endm ent)
Act, 1974, for res toration of possession and the
Reven ue Officer may, a fte r such enq uiry as he may
find it necessary and afte r issuing notice to the
landlord or the per son pre ven ting the cult ivat ion
of land by the tena nt or under-t enan t, ord er oi
direct th at the ten ant or under-t enan t be restored
to the possession of the land.
. (2) On the order passed under the prec eding
sub-section becoming final under sub-section (2)
of Section 67, the land lord or any oth er person
aga inst whom the ord er is passed shall imme dia te
ly resto re possession to the ten ant or under-t enan te,
as the case may be, If the landlo rd or the person,
aga inst who m the ord er is directed, does no t res
tore the possession within 7 days from the da te of
the ord er becoming final then the Reven ue Officer,
on app lication by the ten an t or unde r-t enan t con
cern ed, shal l himself tak e possession of the hold ing
and del ive r it to Such ten an t or under-t enant, as
the case may be .”
3. Aft er clause (d) of Sec tion 66 of the pr in
cipa l Act, the following shall be inserted as a
new clause, viz :—
. “ (e) Claims to res tor ation of possession under
Section 54 A.”
4. Existing Section 67 of the princi pal Act
shall be renum bered as sub-sect ion (1) of Section
67 and the rea fte r the following shal l be inse rted
as a new sub-section viz :—
“ (2) Th e appel late ord er of the Assam Board
of Revenue, the ord er of the Deputy Commiss io
ner or the Set tlem ent Officer when no appea l is
preferred , the app ella te ord er of the Deputy
Com miss ioner or the Set tlem ent Officer, the order
of the Revenue Officer inc lud ing ord er pas sed by
him in exerc ise of dele gated pow er of the Deputy
Com miss ioner or Sett lement Officer when no appeal
is filed shall be fina l.”
I
>1
2
Tenancy Act, .1971], but before the coming into
force of the Assam \Temporarily 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 posession 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 under-tenant 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 immediate
1y restore possession to the tenant or under—tenante,
as the case may be, If the landlord or the person,
against whom the order is directed, does not res-
tore the possession within 7 days from the date of
the order becoming final then the Revenue Officer,
on application by the tenant or under-tenant con-
cerned, shall himself take possession of the holding
and deliver it to such\tenant or under-tenant; as
the case may be.” '
3. After clause (d) of Section 66’ of the prin-'
cipal Act, the following shall be inserted as a
new clause, viz :——
, “(6) Claims to restoration of possession under
Section 54- A.”
4. Exi'Sting Section 67 of the principal Act
shall be renumbered as sub—section (1) of Section
67 and thereafter the following shall be inserted
as a new sub-section viz :—
“(2) The appellate order of the Assam Board
of Revenue, the order of the Deputy Commissio-
ner or the Settlement Ofiicer when no appeal is
preferred, the appellate order of the Deputy
Commissioner or the Semanent Oflicer, the order
of the Revenue Oflicer including order passed by
him in exercise 'of delegated power of the Deputy
Commissioner or Settlement Oificer when no appeal
is filed shall be final.”