TENANCY LAWS AS ONE OF THE TOOLS FOR AGRARIAN

REFORMS WITH SPECIAL REFERENCE TO ASSAM TENANCY

ACT, 1971

(Vis-a-vis provision for protection of rights of cultivator tenants).

By

Sri Utpal Hazarika, ACS

Director of Land Requisition Acquisition & Reforms, Assam,

Roopnagar, Guwahati-32

Introduction: The problem of tenancy reforms is concerned with the following aspects-
fixation of rents, fixation of tenure and security of tenant cultivator, freedom from arbitrary
ejectment of the tenant cultivator. State has enacted laws for regulating rent payable by
cultivating tenants. Land reforms is meant such institutional changes as to make property
relation favourable to the tillers of the soil and which raise the size of units/holdings of
cultivators to make them operationally viable. Institutional factors such as Land reforms have
been recognised to constitute a vital element both in terms of the anti-poverty strategy and for
modernization as well as increase of productivity and efficiency.

Following specific steps would be taken:-

i) ALRR,1886 would be extended to the erstwhile permanently settled areas of Goalpara,

Karimganj.

ii) The Goalpara Tenancy Act and Sylhet Tenancy Act will be repealed.

iii) The rates of rent paid by the tenants in Goalpara would be incorporated as revenue
payable under ALRR, 1886 for a period of 25 years.

iv) All the persons designated as tenants in the erstwhile permanently settled areas would,
therefore, be governed as Settlement-holders under ALRR, 1886.

v) The under-tenants, adhiar in these areas would, thereafter, be governed by the provision of
Assam Temporarily settled Districts Tenancy Act which will be renamed as Assam Tenancy
Act.

vi) The records-of-rights of tenants ( including adhiars ) in Goalpara, Kamrup, Sibsagar and
Cachar will be updated so as to facilitate the tenants of these areas to avail the benefit of the
provisions of Assam( Temporarily Settled Areas ) Tenancy Act,1971.
 CONTD....
Land Reforms assumed great significance in conferment of tenancy rights to Rayats
which bring them in direct relationship with the State instead of leaving the tenants at the
mercy of the landed aristocracy. While the rest of Assam where, temporary settled estates
existed, the intensive Tenancy reforms were carried out under Assam (T.S.A.) Tenancy Act,
1971, the Government of Assam felt the necessity to introduce the same pattern of tenancy
and revenue administration in the permanently settled districts of erstwhile Goalpara &
Karimganj. As a result of the Assam Land Holding ACT,1974 ( Adoption of Relationship
under ALRR, 1886 in the acquired permanently settled estates) was brought into being, it
now assumes considerable significance for the State in as much as this professes to bring the
tenant and other intermediaries in direct relationship with State Government.
With this Act coming into force, not only on 18 th Century legacy is sought to be put
on end but the whole of Assam would be ushered into a single system of Land holders i.e.
Settlement holders under which every owner of Land will be under contract with the State as
that the rent payable by such tenant shall not exceed that maximum fixed as per Tenancy Act.
Provided further nothing in this section shall be deemed to affect any right already
acquired by such tenant to his disadvantage.
Assam( Temporarily Settled Areas ) Tenancy Act, 1971 heralded a new era of
progressive Land reforms in the State covering following aspects- (a) Fixation of tenure and
security of the tenant-cultivators (b) Fixation of rents i.e. fixation of fair and equitable rent (c)
Freedom of the tenant from arbitrary ejectment. State has enacted Laws for regulating rent
payable by the cultivating tenants. Land Reforms is meant such institutional changes so as to
make property relation favourable to the tillers of the soil and which raise the size of
units/holdings of cultivator to make them operationally viable. Institutional factors such as
Land Reforms have constituted a vital element both in terms of anti-poverty strategy and for
modernisation as well as for increase of productivity and efficiency. Following specific steps
have been taken in respect of tenancy reforms:-
1) ALRR,1866 (Provisions of Assam Land Revenue Regulation) have been extended
to the erstwhile permanently settled areas of the districts – Goalpara, Karimganj.
Goalpara Tenancy Act, 1929 and Sylhet Tenancy Act, the old Assam (Temporarily
settled District) Tenancy Act, 1935, Adhiar Protection and Regulation Act, 1948 were
repealed consequent upon introduction of Assam Tenancy(Temporarily Settled Area )
Act,1971. Adhiar was given the status of a tenant under the Assam Tenancy Act,
1971. The Districts where temporary settled estates existed, the intensive tenancy
reforms were carried out under the new Act. Government of Assam felt the necessity
to introduce the uniform pattern of tenancy and revenue administration for the whole
of Assam ( covering permanently settled areas as well as temporarily settled areas in
Assam). So, Assam Land Holding( Adoption of Relationship under Assam Land and
Revenue Regulation Act, 1886 in the acquired permanently settled estates) Act, 1974
was brought into being to bring the tenants in direct relationship with the State
Government. The State now gets uniform land tenure system in which all rayats will
enjoy equal rights and privileges without any discrimination. All owners of Land
Holding ( including Tenants ) are now settlement holders who will be under contract
with State directly to pay Land revenue.
 2) The rates of rent paid by the tenants in Goalpara would be incorporated as revenue
payable under Assam Land & Revenue Regulation Act, 1886 for a period of 25
years. All the persons designated as tenants in erstwhile permanently settled areas
would thereafter be governed as settlement holders under Assam Land & Revenue
Regulation Act, 1886.
3) The under tenants, adhiars in Goalpara, Karimganj i.e. erstwhile Goalpara, Karimganj
and all other districts (permanently settled and temporarily settled areas would be
governed by the provision of Assam Tenancy Act, 1971.

A crash programme was launched for preparation of record of rights of tenants (all over
Assam) as a consequence of introduction of AssamTenancy Act (Temporarily Settled
Areas) Act, 1971 along with a Resettlement Operation i.e. for preparation of Khatians
starting from the stage of survey, demarcation, record writing etc. Tenants who had
obtained final khatian during the Resettlement Operation in respect of Tenancy
Settlement can now produce conclusive proof of acquiring right over land and enjoy all
rights and privileges as rayats. Record of rights of tenant is generally prepared during
Resettlement Operation. But where no such operation is in progress, record of rights of
tenants may be prepared under Section 55 of Assam Tenancy (Temporarily Settled Areas)
Act, 1971. A Notification ordering such preparation is to be issued in the Gazette. The
particulars to be recorded include (1) Name of the tenant (2) The class of tenant (3) The
area and the situation of the Land (4) Name of the Landlord (5) The rent payable (6)
Whether the rent has been fixed by contract or Order of a Court (7) If the rent is gradually
increasing, the time at which it increases (8) The special conditions and incident, if any of
the tenancy (9) Any right of way or other Easement right attaching to the Land. It may be
mentioned that during Tenancy Settlement Operation, Certificates were distributed to the
tillers who had been found cultivating land as tenant at the time of survey, demarcation
and preliminary record writing stage. Provisional Certificates of Land Holding obtained
by the tenants till the finalization of Khatian had helped them to prevent harassment from
Landlord or any vested circle. Tenants include Adhiar and Share Croppers.

The basic features of the Assam( Temporarily Settled Areas ) Tenancy Act,1971 are
as follows:
1) Share croppers will be treated as tenants (2) Right of occupancy will accrue on
occupation for 3 years against 12 years prescribed in earlier Laws (3) There will be
only two classes of tenants as against 5 classes under the previous Law. (4) Maximum
of rent both cash and in kind has been provided. (5) Govt. have been given the power
to acquire the right of ownership and the intermediary rights for an occupancy tenant
to acquire such right by depositing compensation.(6) Occupancy tenants are protected
against eviction whereas non-occupancy tenants can be evicted on breach of specified
condition through due process.(7) Unauthorized eviction in the form of voluntary
surrender has been prohibited. (8) Eviction without the orders from the Court has
been barred. (9) Illegally ejected tenants will be restored. (10) A limited right of
mortgage has been given to non-occupancy tenants to obtain credit from recognized
financial institutions for agriculture.

Distinction between Occupancy Tenant and Non-Occupancy Tenant:-

Section 4 (1) (i) of the Tenancy Act, 1971, continuous possession of three years is sufficient
for acquiring right of Occupancy as tenant.
Section 4 (1) (ii) of the Tenancy Act, 1971 defines non-occupancy tenants as such – “ A non-
occupancy tenant” is tenant holding land immediately under the land holder or settlement
holder but without having the right of occupancy i. e. possession for less than three years. An
Occupancy tenant has permanent, heritable and transferable right of use and occupation of his
holding. Right of a occupancy tenant to transfer his holding to a non-agriculturalist is
restricted. As per Section 8 of the Tenancy Act, 1971 occupancy tenant cannot transfer his
holding to a non-agriculturalist and that too with prior permission of the Govt.
The Non-Occupancy tenant has no right to transfer his holding. But he has been given
a limited right to mortgage to obtain credit from the State, Union Govt., a Co-operative
society or an authorized bank for the purpose of agriculture only.
Sub-letting is prohibited in respect of the holding of an occupancy tenant as well as
non-occupancy tenant both (U/S 9 & U/S 16 of the Tenancy Act, 1971).
Neither occupancy tenant nor non-occupancy tenant can allow to hold land by an
under tenant w.e.f. the date of commencement of the new Tenancy Act, 1971. This is in
conformity of prohibition of sub-letting by the occupancy or non-occupancy tenant (U/S 20
of the Act).
But those under-tenants existing before the commencement of the Tenancy Act, 1971
could continue to hold the Land i.e. exercise lawfully their right of acquiring the interests of
their landlords as per the Act and also the intermediary and the ownership right. Both
occupancy and non-occupancy tenant are under obligation to pay to the landlord as follows:-
1) In case of cash rent, not exceeding 3 times of the Land revenue payable for such
land and (2) 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 ( under section 28 of the Tenancy Act, 1971).
When the circumstances are beyond the control of the tenant to get production of the crop
(i.e. due to natural calamities or payment of crop share is not possible), a sum equal to double
annual land revenue payable by his immediate landlord shall be fair rent.

Enhancement of rent (U/S 29)- Grounds for enhancement of rent:-

1) Fluvial action makes productive powers of the agricultural land increase or
2) When improvement of the land holding is effected at the landlords’ cost or
3) When the area of tenant holding has increased by alluvium or
4) The Govt. revenue rate for the land has increased.

The landlord may apply to D.C. for sending instruction to the tenant to pay rent in
terms of the improvement of the holding caused by the owner (i.e. landlord). Improvement
means construction of well, tanks, water channels, supply of water for agriculture,
reclamation of land from rivers, protective measure against flood, erosion, erection of
dwelling house for tenant etc.
Under Section 11 of the Tenancy Act, 1971, tenant can claim for reduction of rent (a)
if the soil becomes infertile permanently due to the cause beyond his control (b) if area of his
holding decreases due diluvium or due to acquisition for public purposes (c) if the Govt.
revenue rate payable by the land holder/ settlement holder has decreased, Deputy
Commissioner can pass Order on enquiry declaring enhancement or reduction of rent.
Freedom enjoyed by the tenant from arbitrary ejectment:
Section 51 (i) of the Tenancy Act, specifically states the grounds for ejectment of the tenant.
Occupancy tenant cannot be ejected from his holding by the landlord without obtaining the
ejectment decree passed by the Competent Civil Court and as per procedure under Civil
Procedure Code, 1908. The ground for ejectment of the occupancy tenant is that is that he has
used the land in manner which renders it unfit for tenancy.

Section 51(2) of the Tenancy Act, 1971 states the ground for ejection of a non-occupancy
tenant- (a) That he has failed to pay the arrear of rent (b) that terms and conditions of the
agreement with the landlord for use of the tenancy have been violated by the tenant (c) That
he has failed to follow the conditions consistent with the provisions of the Act (d) That he has
used the holding in such a manner which impairs the value of land and renders also unfit for
tenancy.

Resumption of land from tenants: 1) Landlord cannot eject a tenant, if he has become
unejectable under any tenancy law in force. (2) The owner cannot eject even non-occupancy
tenant from his land on ground of mere requirement for resumption for personal cultivation
except agriculture is the principal source of income. (3) The owner must keep at least 10
bighas with each tenant unless such tenant has got lands elsewhere or has been provided with
equivalent lands in the locality. This provision will not be applicable in respect of the owner
who is widow, disabled, the military personnel or a student. (4) No suit for ejectment on the
ground of requirement for personal cultivation shall be entertained before the expiry of 12
months or after the expiry of 15 months from the date of creation of tenancy. (5) If the
landlord does not cultivate the land personally within one year of the date of ejection of the
tenant then the tenant shall be restored to possession.

Right of ejected tenant to cost of improvement: Ejected tenant is entitled to get

compensation from the owner if the tenant lawfully made improvement of the holding at his
own cost. Court’s Order for ejectment will be conditional on payment of compensation.
Following factors should be taken into consideration to estimate the compensation
(1)The amount by which the value or the produce of the holding has increased due to
improvement.
(2)Labour’s capital invested in the improvement.
(3) Advantage given by the landlord e.g. remission of rent in consideration of improvement.
(4) In case of reclamation of land or irrigation, duration for which the tenant had the benefit
of unenhanced rate (U/S 52 of the Tenancy Act, 1971).

Rights of the tenant against ejectment: The landlord is required to pay the ejected tenant
the value as estimated by the Govt. for the cost of preparing the field and for sowing crops
(before the date of ejectment). A tenant should be given an option to purchase the dwelling
site and also the dwelling house (as constructed at landlord’s cost) at the prevailing market
value (U/S 53 of the Tenancy Act, 1971).

Procedure for ejectment: Court will not entertain any suit for ejectment of the tenant unless
landlord serves notice of one month to him for taking steps to remedy or to pay compensation
for misuse of land or breach of contract. Landlord cannot file a case in the Court if the tenant
has not been given an opportunity of adopting proper remedial measures. Court will also not
entertain any suit for favour of the ejectment of tenants even for non payment of rent unless a
decree at first has been obtained.

Restoration of possession of land to the tenant or under-tenant ejected or whose

cultivation is prevented:
Tenant cannot be evicted without following the rules as per the Tenancy Act, 1971
except of a decree passed by the Civil Court- Right of a tenant for cultivation cannot be
terminated or caused to be terminated. The tenant may apply to the Revenue Officer within
90 days of such ejectment or termination in order to get his right restored provided such
ejectment or termination has taken place after coming into force of Assam (Temporarily
Settled Areas) Tenancy Act, 1971 but before coming into force of Assam (Temporarily
Settled Areas) Tenancy (Amendment) Act, 1974. Revenue Officer may direct the landlord or
the person preventing the cultivation of land by tenant or pass order after proper enquiry that
possession of the agricultural holding in respect of the tenant is restored (U/S 54 A of the
Tenancy Act, 1971). If the order for restoration for possession of the tenant is complied with
by landlord within 7 days from the date of the order becoming final, Revenue Officer himself
take possession of the holding and deliver it to the tenant on receipt of the application (from
the aggrieved tenant).

Acquisition of ownership right and intermediary right by tenants: An occupancy tenant

personally cultivating the land of his tenancy may apply for acquiring right of his landlord.
Compensation as payable to the Landlord is determined by D.C. under section 25 of the
Tenancy Act, 1971. On receipt of an application from the occupancy tenant, D.C. shall
declare the occupancy tenant to have acquired the ownership rights free from all
encumbrances but subject to the payment of compensation ( as per section 25 of the Tenancy
act, 1935). Any under-tenant (as defined in Assam Temporarily Settled District Tenancy Act,
1935) cultivating the holding of an occupancy tenant or non-occupancy tenant from the date
prior to the commencement of the Tenancy Act, 1971 may submit application to the Deputy
Commissioner for acquiring intermediary rights of the landlord (tenant-landlord) and
ownership right of the land owner. Deputy Commissioner can determine the amount of
compensation required to be paid by the under-tenant as per provision of section 24 of the
Tenancy Act, 1971.
*The total compensation payable acquiring the ownership right as well as
intermediary right if any, of any holding shall be an amount to 50 times the full rate of annual
land revenue payable for such kind (U/S of the Tenancy Act, 1971). The whole amount will
go to owner if there is no under-tenant in the land and rights of the landlord are vested in the
occupancy tenant.
* The total amount of compensation shall be apportioned if under-tenant is cultivating
from the date prior to the commencement of the Tenancy Act, 1971. 75% of the total
compensation is to be paid for acquisition of ownership right and 25% for intermediary right
(U/S 25 of the Tenancy Act, 1971). If there is under tenant then on payment of due
compensation the ownership right of landlord and intermediary right of occupancy tenant of
non-occupancy tenant are vested in under-tenant.
There are two methods of acquiring ownership and intermediary right- (1) 1 st
initiative will have to come from the tenant- The tenant may apply to the Deputy
Commissioner for vesting the rights, titles and interest of any land holder in respect of any
holding held and personally cultivated by occupancy tenant. Deputy Commissioner may
serve notice to the landlord, tenants and other persons having interest on land and call for
hearing. He will pass necessary orders after due enquiry if no objection comes from the party.
Under-tenant (existed before the commencement of Tenancy Act, 1971) who is cultivating
the holding of the occupancy tenant or non-occupancy tenant shall continue to remain so.
They may also apply for acquisition of intermediary right, tittles and interest of the tenant and
ownership rights of the owner-landlords, proprietor, landholder or settlement holder of the
same land.
2nd method of acquisition of ownership rights for the tenant on Govt. initiative, Govt.
may by Notification declare that the rights of any landlord, in any land held and personally
cultivated by an occupancy tenant shall stand transferred to the said tenant and vesting him
free from all encumbrances created by the landlord. Such declaration may be made only in
case of land under personal cultivation of the occupancy tenant. Non-Occupancy tenant is
excluded from this benefit (U/S 22 (1) of the Tenancy Act, 1971). Personal cultivation means
cultivation by the person himself or by any member of his family or by hired labourers or
fixed remuneration payable in cash or kind but not in crop-share, under personal supervision
of the person himself or any members of his family. U/S 22(ii) of the Tenancy Act, 1971, the
State Government may by notification declare that the ownership rights of the landlord and
the intermediary rights of the occupancy or non-occupancy tenant in any land cultivated by
an under tenant shall stand transferred to and vest in the under tenant free from all
encumbrances created by landlord.

Section 26 of the Tenancy Act, 1971: Deputy Commissioner can direct the occupancy
tenant, if the acquisition of the land is made under the provisions of U/S 23 of the Tenancy
Act, to deposit the compensation amount (as determined by him) within a period of one
month from the date of passing his order and pay the same within period of 3 months from
the date of the said order.
In all cases of acquisition U/S 22, the occupancy tenant or under-tenant (existed prior
to the Tenancy Act, 1971) shall pay the Govt. in 5 equal annual instalments, the
compensation as determined by the Deputy Commissioner, the first instalment payable being
due on the expiry of 3 months from the date of his order.
If no amount for 1st instalment is deposited in the Treasury within 30 days from the
date of its becoming due, the Deputy Commissioner shall proceed to recover the instalments
as if it were an arrear of land revenue. Deputy Commissioner may also pay the amount to the
person entitled to receive it as compensation as determined by him from the fund placed by
the State Government at his disposal and payment must be made within a period of 3 months
from the date of passing order.
Example:- A, a period lease holder, owns 30 bighas of land, rate of annual land
revenue is at Rs. 5/- per bigha. B is an occupancy tenant under him. C is an under-tenant
under B. Compensation per bigha will be at Rs. 250/- . The total compensation will be Rs.
7500/-, out of which Rs. 5625/- will go to A, Rs. 1825/- to B. If these 30 bighas are acquired
for ownership right of tenant on Govt. initiative (for tenants), Govt. will have to pay the
compensation within 3 months of acquisition from its own pocket but will realized it from
under tenant C. C will get the ownership certificate on payment of the 1 st instalment
Rs. 2500/- only. If the lands are acquired by the initiative of under-tenant then the under-
tenant C will have to deposit with Deputy Commissioner the full amount of Rs. 12,500/- in
one single instalment within 30 days of the acquisition. Govt. will then pay Rs. 5625/- to A
and Rs. 1825/- to the occupancy tenant B within 3 months.
Calculation should be made for determining total amount of compensation (taking
into compensation the interest of landowner and the tenant both). Compensation payable is 50
times of (annual land revenue) X (area of holding). Total amount of compensation apportion
as follows :- a) towards acquisition of Ownership right= 75% of the total compensation. b)
towards acquisition of intermediary right=25% of total compensation.
Assam State Acquisition of Zamindaries Act, 1951 had saved the way to adopt
measures for bringing about revolutionary change in the tenure system in Assam and
abolition of Zamindaries existed in the permanently settled areas of Goalpara, undivided
Goalpara and undivided Cachar District.
Proprietary rights of Zamindaries had been acquired by the Govt. in the first stage
during 1954 to 1957.
Rights and interest of the intermediaries known as Jotedars, Dar Jotedars commonly
known as tenure holders had been acquired in Cachar District during 1954 to 1972 and
tenants were placed directly under state Govt. The Act aimed at achieving following
objectives (a) Reduction of disparities in wealth and income (b) Elimination of intermediaries
to prevent chances of exploitation, undue harassment from landed aristocracy. (c) Direct
contact of the tenants (Tillers of the Soil) with the Govt. (d) Security of the tenants. (e)
Simplification of terms.
The tenants (tillers) on acquisition of the rights of the proprietors and intermediaries
shall hold land under the State Govt. as a land holder as in other plain districts of the
Brahmaputra Valley and are liable to pay land revenue directly to the State Govt. as per
assessment made during Re-Settlement Operation under Assam Land & Revenue Regulation
( Section 18 read with section 4 of the Adoption of Relationship Act,1974 applicable to all
over Assam). Payment of compensation to the erstwhile proprietors and intermediaries of the
acquired estates and tenures as per the rates prescribed under the Law.
Ceiling on existing holding as per Assam Fixation of Ceiling on Land Holding Act,
1956:- Section 4(1) of the Act lays down that no person shall be entitled to hold as owner or
tenant (or mortgagee in possession) land which exceed the limit of 50 bighas in the aggregate
and this limit of 50 bigha shall be applicable to the aggregate of the land held individually by
the members of a family or jointly by some or all the members of such a family.(Amendment
of 1975 and 1996-‘person’ includes family and ‘family’ includes joint family.
Excess of the limit of 50 bigha+ 4 bigha retainable for orchard would be acquired by
the Govt. Rights and interest of the landowner as well that of tenant over the holding stand
terminated due to acquisition. Govt. has the tendency to lean more towards the interest of
cultivating tenant in determining the principles of compensation U/S of the 12(a)(1)(i)-
1) If the acquired land (ceiling surplus land) is fallow, the compensation will be 25
times of revenue. If the land revenue is Rs.1/- per bigha, the total amount of compensation
payable to the owner will be Rs. 1/- x 25. If there is no tenant then entire Rs. 25/- will go to
the owner. If there is an occupancy tenant, the amount of compensation will be apportioned
between the owner and the occupancy tenant, occupancy tenant gets 10 and owner gets 15 but
in respect of non-occupancy tenant, he gets only 5 and the owner gets 20.
2) The total interest of the land owner and the cultivating tenant of the agricultural
holding will be determined as 50 times of the land revenue (if the land is not fallow). If the
owner cultivates it himself (i.e. absence of cultivating tenant), the whole amount of
compensation i.e. 50 time of revenue will go to the owner. But if there is cultivating tenant,
the total amount of compensation will be apportioned.
a) If the tenant is an occupancy tenant he gets 35 times of land revenue as
compensation and the owner gets 15 times only (b) Non-occupancy tenant gets 30 and the
owner gets only 20 times of land revenue (u/s 12 (a) (1) (2) of the Ceiling Act.
Manner of disposal of the excess land (Ceiling Surplus Land) U/S 16 of the Assam
Fixation of the Ceiling on Land Holding Act., 1956 (as amended):- Where there is cultivating
tenant in the excess land acquired from the owner, tiller of the soil i.e. the tenant would be
given settlement of the land in payment of due premium to be adjusted against the
compensation he is entitled to receive it under the provision of the Act. In case the amount of
compensation falls short of the premium due to be paid, the deficiency shall be recovered
from him as arrear land revenue as prescribed in ALRR, 1886. Actually after acquisition of
the excess land, the right and interest of the owner and also the tenant’s interest have been
vested in the State Govt. Therefore, the State Govt. pays compensation for deprivation. By
giving settlement, State Govt. now not only reverts his tenancy right back to him but also the
owner’s right may also be vested in him subject to the condition of paying back to the Govt.
the whole cost of acquisition i.e. (a) the compensation which Govt. paid to him for acquiring
his tenancy right, (b) also the compensation which Govt. paid to the owner. So far as (a) is
concerned, the tenant is not required to pay directly, the amount which he was entitled to
receive from the Govt. for acquiring his tenancy right is simply adjusted against the amount
what he is to pay now to Govt. in order to get back his tenancy right. He remains as tenant as
before. But if he pays the amount which Govt. paid to the owner, the tenant becomes land
holder in terms of ALRR, 1886.
The main objective of the Act is the excess lands acquired from holders of large
holdings are to be distributed to the holder of smaller holdings in order to reduce inequality.
It is worth mentioning that Agrarian Reforms Committee as constituted in 1949 under
the Chairmanship of J.C.Kumarappa made following recommendation (a) elimination of
scope of exploitation of poor cultivators by rich land lord (b) to inculcate in the minds of
farmers a sense of self assertion (c) Abolition of all intermediaries between the state and the
tiller (d) prohibition of subletting of land and transfer of agricultural land to non-
agriculturalist (e) the setting up of an administrative machinery with dedicated officers for
proper implementation of land reforms measures.
Kumarappa’s recommendation had been given due importance by the State Govt. as
all pieces of legislation passed by the State legislature since 1951 for land reforms have
reflection of the same. In the light of the recommendation made by the first Agrarians
Reforms Committee, the first five year plan had given priority on Agricultural Reforms
mainly, (1) Abolition of intermediaries between the State & the tillers,(2) Tenancy Reforms
to reduce rent, provide security of tenure and give cultivating tenants an opportunity to
purchase the land from the owner.

LAND REFORMS COMMISSION: The State Govt. constituted a Land Reforms

Commission in 1978 vide Govt. Notification No. RRT.1/84/78/90 dtd 27.5.78. The
Commission is of the view that the objective of Land Reforms would be achieved if the
duties and responsibilities are entrusted with the band of Officers with a sense of commitment
towards successful implementation of the time bound programme. Revenue Officials should
be given full scope to pay undivided attention to Land Reforms works. They should be made
free to some extent from the heavy load of administration.
The Commission suggested for inclusion of a provision in order to amend section 16
and section 17 of the Ceiling Act, 1956 as land policy of settlement of Ceiling Surplus Land
to the cultivating tenant. Amendment of the Ceiling Act, 1956 in respect of the section 16 and
section 17 may be made if necessary by incorporating with the provision not to realize the
premium from the cultivating tenants( poor, landless and socio-economically backward
tenant) who had been existing prior to the acquisition of their agricultural holding and now
become eligible to get settlement of land.
Thus, inference can be drawn from my own point of view that all the pieces of
Legislation passed by the State Legislature since 1951 have been aiming to ensure social
justice, economic equality for all and to bring a revolutionary change in the tenancy system as
a part of agrarian reforms in the State for the fullest development of the concept of Welfare
State in the spirit of the basic principles of democracy as enshrined in the preamble of the
Constitution of India.

Concept of Tenant, Under- Tenant and Acquisition of Ownership Right in Terms OF

Tenancy Laws in Assam:

Definition: Tenant as per Assam (Temporarily settled Estates) Tenancy Act, 1971.

Tenant a person who cultivates or holds the land of another person and would be
liable to pay rent for that land to that person as per specific contract/ agreement ( expressed or
implied). The definition include ‘Adhiar’ who cultivates the land of another person on
condition of delivering a share or quantity of the produce of such land to that person.
Adhiar Protection and Regulation Act, 1948 was repealed consequent upon enactment
of the new Act, 1971. Adhiar has been given the status of tenant in the Act, 1971 and will be
entitled to get same protection as a tenant.
Person who holds land immediately under the Govt. or cultivates land under State
Govt. is not a tenant ( e.g. a proprietor, landholder, settlement holder as per ALRR, 1886).

Under-tenant: As per Assam (Temporarily Settled Districts) Tenancy Act, 1935:

Under-tenant means a person who holds or cultivates land under the tenant on condition of
payment of rent or of delivering share of crop to the tenant.
But Section 20 of the Tenancy Act, 1971 lays down that there would be no new
under-tenant holding land under an occupancy or non-occupancy tenant. Sub-letting of the
holding by the occupancy or non-occupancy tenant is prohibited with effect from the date of
commencement of the Tenancy Act, 1971.
However, there may be some under-tenant existing before the commencement of the
Tenancy Act, 1971 and they will continue as such under-tenant and may be able to acquire
the right and interest of the tenant and also that of the landlord as intermediary right and
ultimately ownership right ( as per section 23 of the Tenancy Act, 1971) i.e. Right and
interest title of the tenant landlord shall be vested in under-tenant as intermediary right and
right of the landowner may be vested in the under-tenant as ownership right. Plan for
abolition of any form of landlordism even at tenancy level (with existence of under-tenant)
has been designed.
 Acquisition of Intermediary Right and Ownership Right under the Tenancy Act,
1971:- The Act incorporates provisions for easy methods for the tenants or under-tenants (i.e.
under-tenant existed on land prior to the commencement of the new Act, 1971) to become
owners of landholding themselves. The new Act, 1971 aimed at abolition of landlordism in
temporarily settled Areas. There are two methods- (1) State Govt. may take initiative or (2)
The tenants or under-tenant can take initiative by submitting application.

1.Acquisition of ownership rights on Govt. initiative for TENANT: State Govt.

may by Notification declares that the rights of any landlord in any land held and personally
cultivated by an occupancy tenant shall stand transferred to the said tenant and vest in him
free from all encumbrances created by landlord. Section 22 (1) of the Tenancy Act, 1971 lays
down that occupancy tenant who holds lands for personal cultivation only can get the benefit.
Personal cultivation means by the person himself or by any member of his family or by hired
labourers on fixed remuneration payable in cash or kind but not in crop share, under personal
supervision of the person himself or any member of his family. Acquisition of landlord’s
right by occupancy tenant is called acquisition of ownership rights.
The under-tenant as defined in Assam (Temporarily Settled District) Tenancy Act,
1935 prior to the commencement of the Tenancy Act, 1971 would get full protection under
the new Act, 1971. Intermediary rights of the occupancy or non-occupancy as the case may
be shall stand transferred and vested in the under-tenants free form all encumbrances created
by the occupancy tenant or non-occupancy tenant provided the said under-tenant personally
cultivates the holding of the tenants. Land will be settled with the under-tenant subject to the
payment of compensation/ premium. Under-tenant would be able to get intermediary right of
tenant- landlords and ownership right of land owner. He will get ownership certificate issued
by Deputy Commissioner.

2. Acquisition of intermediary and ownership rights on Govt. initiative for

UNDER-TENANTS : Landlordism will continue at tenant’s level under-tenant are able to
acquire rights of the intermediary tenants i.e. rights of the tenant landlords. Tenancy Act,
1971 provides for acquisition of intermediary right of the tenants by the under-tenants. This is
known as acquisition of intermediary rights. The same under-tenant may, further, acquire the
right of ownership and interest, title of the owner landlord (i.e. proprietor, land holder or
settlement holder). The Tenancy Act, 1971 provides for acquisition by under tenants of both
intermediary tenant right of tenant landlord and ownership right of owner landlord.
Intermediary right of occupancy or non-occupancy tenant in any agricultural holding
but cultivated by an under-tenant shall stand transferred and vested in the under-tenant free
from all encumbrances created by landlord or the occupancy tenant or non-occupancy tenant.
State Govt. may issue Notification U/S 22(II) declaring such right as conferred on under-
tenant.

Principles for determining compensation: U/S 24 of the Tenancy Act, 1971 lays
down that all rights and the extent of interest in respect of the holding are taken into account
while calculating total amount of the compensation to the owner (i.e. proprietor, landholder,
settlement holder). Compensation amount is determined 50 times of the annual land revenue
rate. Whole amount so calculated will go to the owner landlord if there is no under-tenant.
Rights of the owner landlord shall be vested in the tenant. If there is under-tenant, the total
amount of compensation is apportioned between the owner landlord and the intermediary
occupancy tenant or non-occupancy tenant. 75% of the total compensation will go to the
owner landlord and 25% to the intermediary occupancy tenant or non-occupancy tenant. In
such a case, the right of the occupancy tenant or non-occupancy tenant as intermediary
tenants right and the ownership right of the land owner are vested in the under-tenant.

Procedure for determining compensation: Notice to the landlord and other persons
interested in the land acquired must be served by the D.C. He will make enquiry and hear
objection, if any. The amount of compensation payable to the owner is determined by him
(U/S 26(1) of the Act, 1971.

Procedure for payment of compensation: The compensation thus determined is

required to be paid initially by the State Govt. itself because the land is acquired by the State
Govt. at its own initiative for the interest of the tenant. Fund for payment of such
compensation is placed by the Gov. At the disposal of D.C. (U/S 26(2)(a) of the Tenancy Act,
1971), the DC will pay the amount to the person entitled to receive it within 3 months from
the date of his determination. As the occupancy tenant or cultivating person (under-tenant) is
the actual beneficiary, the total compensation already paid by the D.C.(on behalf of the
Govt.) to the land owner on acquisition of the holding will be realized from occupancy tenant
or under tenant, of course in 5 equal instalments, the first instalment being due on expiry of 3
months from the date of his order. When any instalment of compensation is not deposited in
the Treasury within 30 days from the date of its becoming due, the D.C. shall proceed to
recover the instalments as if it were arrear of Land Revenue (U/S 26 (3) ).

Issue of ownership certificate: D.C.can issue ownership certificate to the occupancy

tenant or the under-tenant as soon as tenant or under-tenant pays the first instalment( U/S 26
(4) (a) ).The tenant or under-tenant is not required to wait till the completion of payment of
all instalments.

Second Method of Acquisition of Ownership Right ( U/S 23 of the Tenancy Act,

1971) i.e. on the initiative of Tenant and Under-Tenant:

Occupancy tenant may submit application to D.C. for acquiring ownership right of his
landlord (i.e. Proprietor, Landholder, and Settlement Holder). But he must be a cultivating
tenant eligible to apply for ownership. Similarly any under-tenant (as defined in Assam
Temporarily Settled District Tenancy Act, 1935) cultivating the holding of an occupancy
tenant or non-occupancy tenant from the date prior to commencement of this Act (i.e.
Tenancy Act, 1971) may apply for acquiring intermediary right of his tenant landlord and the
ownership right of land owner. Compensation payable to the land owner as determined by
D.C. (U/S 24 of the Tenancy Act, 1971) is 50 times of land revenue rate as may be paid by
the occupancy tenant in 5 instalments for acquiring the right, interest, title of the owner ( if
there is no under-tenant). If there is under-tenant, the total amount of compensation will be
apportioned between the owner landlord and tenant landlord. 75% of the total compensation
will go to owner-landlord and 25% of the compensation to tenant-landlord. Then right and
interest of the owner as well as that of tenant will be vested in under-tenant. Under-tenant
will acquire intermediary and ownership right of tenant landlord and that of the ownership
right of the land owner both.

Procedure for determining Compensation: The amount of compensation shall be

determined by the D.C. and apportionment made on the same principles (if necessary due to
the existence of an under-tenant cultivating holding prior to the Tenancy Act, 1971)- as stated
in the 1st method.
Procedure for payment of compensation: Issue of Ownership Certificate:- U/S
26(2) (b) of the Tenancy Act, 1971, the D.C. can pass order asking the occupancy tenant or
the under-tenant to deposit the compensation amount within 30 days from the date of
determination of compensation.
D.C. may declare that all right, interest and title of the holdings are transferred to and vested
in the occupancy tenant and the said tenant has acquired the right of ownership but subject to
the deposit of the full compensation ( as per section 26 of the Tenancy Act, 1971). The under-
tenant may also acquire both intermediary right and ownership right free from all
encumbrances. D.C. can issue to the tenant or under-tenant a Certificate of ownership right
and correct the land records by deleting the name of landlord.

Illustration: A land holder owns 30 bigha of land. Rate of annual land revenue is
Rs.5/- per bigha. B is a occupancy tenant under him. C is an under-tenant under B.
Compensation per bigha will be 50 times of the land revenue i.e. Rs. 5 x 50/- = 250 per bigha.
Hence, total compensation for 30 bigha will be Rs. 250x30 bighas = Rs. 7500/-, out of which
Rs. 5625/- will go to A and rest Rs. 1875/- to B. If these 30 bighas are acquired on Govt.
initiative for tenant, then Govt. will have to pay the compensation within 3 months of
acquisition from its own pocket but will realize it from C in 5 years in 5 equal installments
i.e. Rs. 1500/- per year. C will get ownership certificate on payment of the 1 st instalment. If
the ownership right is acquired on the initiative of the under-tenant C, he will have to deposit
with the DC, the full amount of Rs. 7500/- in one single instalment within 30 days of the
Order. Govt. will then pay to A Rs. 5625/- and to B Rs. 1875 within 3 months.

Significant aspects of the mode of Acquisition of Ownership rights by the tenant under
Tenancy Act, 1971: The tenant or under-tenant as the case may be, Deputy Commissioner
can issue the Ownership Certificate U/S 26 (4) (b) and correct the revenue records by
deleting the name of the landlord.
The Deputy Commissioner shall pay the Compensation amount to the person entitled
to receive it within 3 months from the date of determination (U/S 26 (3) of the Tenancy
Act,1971).
Suppose, if 30 bigha of land are acquired at the initiative of the Govt. then for tenant’s
interest and right of ownership, the Govt. will have to pay the compensation within 3 months
of acquisition from its own pocket but will realize it later from C.
If the lands are acquired by the Govt. at tenant’s own initiative(on submission of
application), C will have to deposit with D.C., the full amount of compensation in one single
instalment within 30 days of requisition.
Tenant’s right and interest in the excess land declared as Ceiling Surplus Land under
Assam Fixation of Ceiling on Land Holdings Act, 1956 (as amended) as per provision of
Section 7 (4) of the Act:- All the interest in acquired lands are vested in the State Govt. so
that it can settle the land with the tenants/ under-tenants who have been cultivating the land
prior to acquisition and declaration as Ceiling Surplus Land.
Most of the excess lands are likely to be under cultivation of some tenants. The
purpose of the Act would be defeated if the cultivating tenants are ejected from excess land
and then it is settled with outsiders. Hence, it has been laid down in Section 16 of the Ceiling
Act; it should be settled with him subject to the general ceiling of 50 bigha.
The land has been vested in the State Govt. and he (tenant) has been paid
compensation for deprivation.
The State Govt. now not only re-vests his tenancy right back in him but offers
something more, namely owner’s right may also be vested in him.
For all this, he must pay back to the Govt., the whole cost of acquisition that is (a) the
compensation which Govt. paid to him for acquiring his tenancy rights (b) and also the
compensation which Govt. paid to the Owner.
So, far, (a) is considered he is not required to pay the amount directly, (i) the amount
which he was entitled to receive from Govt. for acquiring his tenancy right is simply adjusted
against what he is to pay now to Govt. in order to get back his tenancy right. The
compensation thus automatically adjusted, he remains as tenant as before, (ii) also he
becomes a full owner with status of a land holder as defined in ALRR, 1886.
He has to submit a petition for such Settlement before D.C. within 6 months. If he
does not pay the amount, it can be realized as arrear of revenue.

CONCLUSION: In fact, on perusal of the various provisions of Assam (Temporarily

Settled Areas) Tenancy Act, 1971 and Assam Fixation of Ceiling on Land Holding Act,
1956(as amended), inference can be drawn that Legislature aims at protection of right and
interest of the tenants who cultivate agricultural land i.e. of the tillers of the soil and for the
purpose of ensuring justice, socio-economic equality as cardinal principles of democracy.