Section 38 in Assam (Temporarily Settled Areas) Tenancy Act 1971
38. Deposit of cash rent or money rent.
(1)When a landlord refuses to accept any rent when tendered to him by a tenant or when the tenant is in bona fide doubt as to who is entitled to receive the rent, the tenant may make an application to the Revenue Officer in the prescribed manner seeking permission to deposit the cash rent or money rent, as the case may be, alongwith the cost of transmission, and fee for notice.(2)The Revenue Officer, if satisfied after enquiry in the prescribed manner, as to the bona fide of the circumstances preventing the tenant from paying the rent to his landlord, shall accept the amount tendered and issue a receipt thereof. The receipt shall be deemed to be a valid discharge of the rent actually deposited by the tenant.(3)In cases of refusal to accept the rent the Revenue Officer shall remit the rent deposited by the tenant by Money Order to the last known address of the landlord.(4)In other cases the Revenue Officer shall cause a notice about the fact of deposit of rent in his office fixed in a conspicuous place and also to be served on any person whom he has reason to believe, is entitled to deposit, He shall thereafter proceed to hear the person or persons interested in the manner prescribed and if there is no dispute, the Revenue Officer shall cause immediate payment. In cases of dispute as to the person or persons who are entitled to receive the rent, the amount shall be kept to deposit in a Government Treasury and the dispute shall be referred to a Civil Court having jurisdiction and the amount shall then be paid in terms of the final decision of the Court.
