Substitution of new section 20 of Assam Act I of 1929

For section 20 of the said Act the following section shall be substituted, namely :— "20. (1) The holding of an occupancy jotedar or of an occupancy raiyat or a portion or a share thereof together with the right of occupancy therein shall be capable of being transferred and bequeathed in the same manner and to the same extent as other immovable property and all transfers made by sale, exchange or gift and all bequests shall, subject to the provisions of sub-section (2), be binding on the landlord. (2) (a) Every transfer shall be made by registered instrument, except in the cases of a bequest or a sale in execution of a decree or of a certificate signed under the Bengal Public Demands Recovery Act, 1913. (b) A registering officer shall not register any such instrument unless there is tendered to him a notice giving particulars of the transfer in the prescribed form together with the process fee of the prescribed amount for the service of the notice. (c) Where any such instrument is registered the registering officer shall send to the Deputy Commissioner the notice of the transfer in the prescribed form, and the Deputy Commissioner shall cause the notice to be served on the landlord named in the notice or his common agent, if any, in the prescribed manner: Provided that when a sole landlord purchases a holding or a share or a portion thereof no notice need be served. (3) In the case of a bequest, the Court shall, before granting probate or letters of administration, require the applicant to file a notice giving particulars of transfer in the prescribed form and to deposit a process fee of the prescribed amount for service on the landlord or his common agent, if any. When probate or letters of administration have been granted, the Court shall send to the Deputy Commissioner the notice : Provided that in the case of a bequest by a Muhammadan where no probate is applied for, the executor or legatee shall file the notice and deposit the process fee in the Court of the Deputy Commissioner. (4) (a) When the holding of an occupancy jotedar or of an occupancy raiyat or a portion or a share thereof is sold in execution of a decree or a certificate signed under the Bengal Public Demands Recovery Act, 1913, other than a decree or certificate for arrears of rent due in respect of the holding or of dues recoverable as such, and neither the purchaser nor the decree-holder is the sole landlord, the Court or the Revenue Officer, as the case may be, shall, before confirming the sale, require the purchaser to file a notice giving particulars of the transfer in the prescribed form and deposit in addition to the purchase money a process fee of the prescribed amount. (b) When a mortgage of a holding of an occupancy jotedar or of an occupancy raiyat or a portion or share thereof is foreclosed, and the decree-holder is not himself the sole landlord, the Court shall, before making a decree or an order absolute or the foreclosure, require the mortgagee to file a notice giving particulars of the transfer in the prescribed form and to deposit a process fee of the prescribed amount. (c) If the purchaser fails to comply with the order of the Court or the Revenue Officer under clause (a) within such time as may be specified in the said order, the Court or the Revenue Officer may make an order for the forfeiture of the purchase money and for the re-sale of the holding or portion or share thereof. If the mortgagee fails to comply with the order under clause (b) within such time as may be specified therein, the Court may make an order for dismissal of the suit for foreclosure. (d) When the sale has been confirmed or the decree or order absolute for the foreclosure has been made, the Court shall send to the Deputy Commissioner the notice of the sale or final foreclosure in the prescribed form. (5) The Deputy Commissioner shall cause the notice to be served on the landlord named in the notice or his common agent, if any, in the prescribed manner. (6) After receipt of such notice of transfer, the landlord shall not refuse to recognise the transferee as the tenant in respect of the holding or portion or share thereof transferred nor omit to enter the transferee’s name in the landlord’s rent-roll in place of that of the transferor, or where only a share or a portion of the transferor’s interest has been transferred, along with the name of the transferor: Provided that such recognition shall not operate as the admission of the amount or fixity of rent or of the area or of any incident of such occupancy holding or be deemed to constitute an express consent of the landlord to the division of the holding or to the distribution of the rent payable in respect thereof: Provided further that if a transfer is subsequently set aside or modified by a competent authority, the party in whose favour such order has been made shall, unless such order has been passed in a suit, appeal or other proceeding to which the landlord or the entire body of landlords was a party, file with the Deputy Commissioner a notice describing the modifications made by such order and deposit the prescribed fee for the service of such notice. The Deputy Commissioner shall cause the notice to be served on the landlord named in the notice or his common agent, if any, in the prescribed manner. The landlord, on receipt of such notice, shall cause his rent-roll to be corrected accordingly. (7) In this section ‘transferee’ includes the successors-in-interest of the transferee ; and ‘transfer’ includes bequest but does not include (i) succession by inheritance, (ii) division of tenancies in accordance with section 76, (iii) leases executed in accordance with the provisions of this Act, (iv) complete usufructuary mortgages, (v) simple mortgages or mortgages by conditional sale until a final decree for sale or foreclosure is made. (8) In sub-section (4), ‘purchaser’ includes the successors-in-interest of the purchaser and ‘mortgagee’ includes the successors-in-interest of the mortgagee.”