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State of Assam - Section

Section 6 in Goalpara Tenancy Act, 1929

6.

(1)"Permanent tenure-holder" means primarily a person who has acquired from a proprietor or from another permanent tenure-holder a right to hold a heritable and transferable interest in land, otherwise than for a limited time, for the purpose of collecting rents or of bringing it under cultivation either wholly or partly by establishing tenants on it, and includes also the successors in interest of a person who has acquired such a right.
(2)"Jotedar" means primarily a person who has acquired from a proprietor or a permanent tenure-holder or from another jotedar a right to hold land for the purpose of bringing it under cultivation, either wholly or jointly by establishing tenants on it, but is not himself a permanent tenure-holder in respect of the land, and includes the successor in interest of a person who has acquired such a right.
(3)"Raiyat" means primarily a person who has acquired from a proprietor or a permanent tenure-holder or a jotedar, or from the holder of an ijara' under any of these persons, a right to hold land for the purpose of cultivating it by himself, or by the members of his family, or by servants or labourers or with the aid of partners, and includes also the successors in interest of a person who has acquired such a right.
(4)"Under-raiyat" means a tenant holding land immediately immediately under raiyat and includes a person who, under the system, generally known as adhi (whether guchiadhi or gutiadhi) 'barga' 'bhag' 'chukti' or 'cultivates the land of another person on condition of delivering "chukani" share or quantity of the produce of such land to that person but does not include a tenant holding immediately or mediately under any person holding land on condition of rendering service.
(5)
(a)In determining whether a tenant is a jotedar or a raiyat, the court shall have regard to the purposes for which the right of tenancy was originally acquired.
(b)When the area held by a tenant exceeds one hundred standard bighas, the tenant shall be presumed to be a jotedar, until the contrary is shown.
Explanation. - When a tenant of land has the right to bring it under cultivation he shall be deemed to have acquired a right to hold it for the purpose of cultivation notwithstanding that he uses it for the purpose of gathering the produce of it, or of grazing cattle on it.