Substitution of new section 25 of Assam Act I of 1929

For section 25 of the said Act the following section shall be substituted, namely:— “25, (1) An occupancy tenant may enter into a complete usufructuary mortgage in respect of his holding or a portion or share thereof for any period which does not or cannot, in any possible event, by any agreement, express or implied, exceed nine years; and notwithstanding anything contained in this Act or in any other law or in any contract, no other form of usufructuary mortgage so entered into after the commencement of this Act shall have any force or effect. (2) Notwithstanding anything contained in this Act or in any other law or in any contract, every usufructuary mortgage subsisting on the date on which the Goalpara Tenancy (Amendment) Act, 1943, comes into force, which was so entered into before the commencement of this Act shall be deemed to have taken effect as a complete usufructuary mortgage for the period mentioned in the instrument or for twelve years, whichever is less. (3) Notwithstanding any contract to the contrary entered into before or after the commencement of this Act such a complete usufructuary mortgage or a mortgage referred to in sub-section (2) may be redeemed at any time before the expiry of the periods referred to in sub-section (1) or sub-section (2) as the case may be.