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State of Assam - Section

Section 64 in Assam (Temporarily Settled Areas) Tenancy Act 1971

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 may, at any time after expiration of two years from the date of the tenant's ceasing to cultivate the holding and after giving information to the Deputy Commissioner and obtaining his permission thereto enter on the holding.
(2)If the landlord is a proprietor or a land-holder, he may let it out to another tenant subject to the provisions of any law for the time being in force, or cultivate the land himself; but if the landlord is himself a tenant, he shall not let it out again to an under-tenant.
(3)If the tenant abandoning the land has an under-tenant below him existing from a date prior to commencement of this Act the said under-tenant shall become a tenant under the landlord on the same terms and conditions as those on which the tenant who abandoned the land had held it.