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[Cites 0, Cited by 0] [Section 98] [Entire Act]

State of Assam - Subsection

Section 98(1) in Goalpara Tenancy Act, 1929

(1)When an order is made under Section 97, the particulars to be recorded shall be specified in the order and may include, either without or in addition to other particulars, some or all of the following, namely:
(a)the name of each person in occupation of the land whether as proprietor, permanent tenure holder, jotedar, raiyat or under-raiyat and of any other person has, under this Act or otherwise an interest in the land ;
(b)the class or classes to which each tenant belongs, that is say, whether he is-
(i)a permanent tenure holder, and if so, whether his rent is liable to enhancement or not,
(ii)a jotedar and, if so, whether he has acquired a right of occupancy in this holding,
(iii)a raiyat and, if so, whether he holds at fixed rates or not, whether he is a settled raiyat or not and whether he is an occupancy raiyat or a non-occupancy raiyat,
(iv)an under-raiyat, and, if so, whether he is of the kind described in Section 43, or
(v)a tenant within the meaning of sub-Section (1) of Section 17 ; the character of such occupation or such interest ;
(c)if the person in occupation is not a tenant within the meaning of this Act, or if the person has an interest in the land which is not comprised within any of the classes mentioned in Clause (b)-
(d)the situation and quantity and one or more prescribed boundaries of the land held by each tenant or other occupant ;
(e)the rent, if any, payable at the time the record of rights is being prepared ;
(f)the amount payable, if any, if the time the record of rights is being prepared, in respect of any rights of pasturage, forest rights, rights over fisheries and the like which the tenant enjoys by reason of his holding the tenancy, the conditions and incidents appertaining to such rights, and, if the amount is a gradually increasing amount, the time at which, and the steps by which, it increases ;
(g)the mode in which the rent referred to in Clause (c) or the mode referred to in clause (f) has been fixed, whether by contract, by order of a Court, or otherwise ;
(h)if the rent is gradually increasing rent, the time at which, and the steps by which, it increases ;
(i)the rights and obligations of each tenant and landlord in respect of-
(i)the use by tenant of water for agricultural purposes, whether obtained from a river, bill, tank or well, or any other source of supply, and
(ii)the repair and maintenance of appliances for securing a supply of water for the cultivation of the land held by each tenant, whether or not such appliances be situated within the boundaries of such land ;
(j)the special conditions and incidents, if any, of the tenancy;
(k)any right of way or other easement over or appurtenant to the land for which the record of rights is being prepared ;
(l)if the land is claimed rent free whether or not rent is actually paid, and, if not paid, whether or not the occupant is entitled to hold the land and without payment of rent, and, if so entitled, under what authority, and subject to what conditions, if any.