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State of Assam - Section

Section 74 in Goalpara Tenancy Act, 1929

74. When to be awarded.

(1)Every tenant who is ejected from his holding shall be entitled to compensation for improvements which have been made in respect thereof, in accordance with this Act, by him or by his predecessor in interest, and for which compensation has not already been paid.
(2)Whenever a Court makes a decree or order for the ejectment of a tenant from his holding, it shall determine the amount of compensation, if any, due under this section to the tenant for improvement, and shall make any decree or order of ejectment conditional on the payment of that amount to the tenant:Provided that no compensation shall be ordered to be paid when the improvement has been effected in pursuance of a contract in consideration of some substantial advantage to be obtained by the tenant and which has been obtained by him.
(3)The Court which executes a decree to the ejectment of a tenant from the holding may, in its discretion, make an order for the payment of-
(a)compensation to the tenant for crops sown or planted on the land by him, and not gathered it before his ejectment;
(b)compensation to the tenant for the cultivation or preparation of the land for ordinary agricultural purposes, when the tenant has not been able to sow or plant the crops before his ejectment ;
(c)compensation to the landlord, in lieu of rent, for the use and occupation of the land, when the landlord allows the tenant to retain possession of the land after the date of the decree, and to use it for the purpose of tending or gathering crops sown or planted before such date ;
(d)compensation to the tenant for trees standing on his land which he is entitled to cut and appropriate :
Provided that in the case of a tenant other than a permanent tenure holder, no compensation shall be payable under Clause (d) when the tenant is being ejected on the ground that he has used the land in a manner which renders it unfit for the purposes of the tenancy :Provided also, that in the case of non-occupancy tenant or an under-raiyat, no compensation shall be payable under Clause (d) when such tenant is being ejected for an arrear of rent.