The Assam Adhiars Protection and Regulation (Amendment) Act, 1955
# ASSAM ACT X III OF 1955

THE ASSAM _ADHIARS PROTECTION AND REGULATION_

(AMENDMENT) ACT, 1955

**(Passed by the Assembly)**

**(Received the assent o f the Governor on the 14th July 1955)**

[Published in the Assam Gazette, dated the 20th July 1955]

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_Act_

_further to amend the Assam Adhiars Protection and Regulation Act, 1948._

**Pream ble.—** Whereas it is expedient further to amend the Assam

_Adhiars Protection and Regulation Act, 1948 (Assam Act X II of 1948),_
hereinafter called the Principal Act, in the manner hereinafter appearing ;

It is hereby enacted in the Sixth Year of the Republic of India

as follows:—

**1. Short title, extent and com m encem ent.— (1) This Act may be**

called the Assam _Adhiars Protection and Regulation (Amendment) Act,_
1955.

(2) It shall have the like extent as the Principal Act.
(3) It shall come into force at once.

**2. Insertion o f a new section to A ssam Act XII o f 1948.— After**

section 2 of the Principal Act, the following shall be inserted **as sec­**
tion 2A, namely :•—

**‘‘2A. E stablishm ent and constitution o f Adhi Conciliation Board.—**

(1) The State Government may, by notification in the official Gazette,
establish for any local area specified in the notification an _Adhi Con­_
ciliation Board, hereinafter called the Board, consisting of one member
from landlords and one member from _adhiars from the area concerned_
with the Revenue Officer as Chairman, constituted in the manner

prescribed:

Provided that till such Board is constituted, the functions of the

Board shall be performed by the Revenue Officer having jurisdiction in
the area concerned.

(2) An order of the Board shall be executed by the Revenue

Officer in the manner prescribed and the procedure to be followed by

the Board shall also be prescribed:

Provided that an order for eviction and restoration of possession

shall be executed in the manner prescribed in the Code of Civil Pro­
cedure, 1908 (Act V of 1908) subject to such modification as may be
prescribed.”

3. **Am endm ent of section** 3 **o f A ssam Act XII o f 1948.—In sub­**

section (1) of section 3 of the Principal Act, the words “Revenue Officer”,
wherever they occur, shall be substituted by the words _“Adhi Concilia­_

tion Board”.

**4. A m endm ent o f section 4 o f A ssam Act XII o f 1948.—In**

section 4 of the Principal Act, for the words “ Revenue Officer may
put such person” , the following shall be substituted, namely:—

_“Adhi Conciliation Board may order such person to be put”._

**5. A m endm ent o f section 5 o f A ssam Act XU o f 1948.—For**

section 5 of the Principal Act, the following shall be substituted, namely:—•

“ 5. (1) Subject to the provisions of sub-section (2) below, an _Adhi_

Conciliation Board may, on application of a landlord and after due

_[Price 1 anna or\l rf.]_


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notice and enquiry as prescribed, order an _Adhiar, on one or more of_
**the** grounds mentioned below, to cease to cultivate an _Adhi land and_

to be evicted therefrom in the manner prescribed

(i) that the land is _bonafide required by the landlord for personal_

cultivation either by himself or by members of his family or
by servants or hired labourers:

Provided that if the area of the cultivable land held by the landlord in

**the** aggregate amounts to only thirty bighas, he shall be entitled to resume
for personal cultivation the entire land, but if it exceeds thirty bighas, then
he shall be entitled to resume only two-thirds of the total area held by him
or thirty bighas, whichever is higher, subject to an overall maximum of one
hundred bighas, including the land already held by him under his personal
cultivation at the time of resumption.

Provided further that if the landlord does not cultivate the land within

one year or sub-lets it to others within two years from the date he

**gets** possession of the land by virtue of this clause, the evicted _Adhiar_
shall be restored to possession in the manner prescribed;

**Explanation.—‘Servants and hired labourers’ mean persons working**

for a fixed remuneration either in.cash or in kind but shall not include any
person who receives a share of the crop ;

(«) that an adhiar has used the land in a manner which renders

it unfit for the purpose of cultivation ;

_(Hi) that an_ _adhiar has failed to deliver within the prescribed time_

to a landlord such a share or quantity of the produce as he is
bound, subject to the provisions of this Act, by an express
or implied agreement with the landlord to deliver :

Provided that the order of eviction passed under this clause shall not

be executed if the share or quantity of the produce remaining unpaid is
delivered to the landlord within such time as may be allowed, and with such
compensation, if any, as may be awarded, by the Board ;

_(iv) that the adhiar kept the land fallow for two consecutive years_

without reasonable ground or sub-let it to others :

Provided that an _adhiar who keeps the adhi land fallow under this_

clause shall further be liable to pay to the landlord, for each such year, a
sum equal to double the annual land revenue, which is or would have been
payable by the landlord to the Government, if such land is or had been
assessable to revenue at full rates.

(2) No adhiar who has acquired any right of occupancy under any

other law shall be evicted except under the provisions of that law, and
no _adhiar who has acquired any other right under any other law shall be_
deprived of it” .

**6. Amendment of section 6 of Assam Act XII of 1948,—-In**

section 6 of the Principal Act,—

(i) for the word “one-third” against item («), the word “ one-fourth”

shall be substituted ;

(t») for the word “ one-fourth” against item _(b),_ the word

“one-fifth” shall be substituted ;

_(Hi) the following new proviso shall be added after the_ existing

proviso, namely:

“ Provided further that when more than one crop are grown on a

particular plot of land within the same agricultural year, the land­
lord or the person under whom an _adhiar holds land shall get his_
stipulated share only of the major crop”.


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**3**

**7. Insertion o f a new section to A ssam Act XII o f 1948.—After**

Section 6 of the Principal Act, the following shall be inserted as
section 6-A, namely :—

**“6. A. Settlem ent o f disputes.—Il any dispute arises between a land­**

lord and an adhiar (a) as to whether a particular crop is a major crop or not,
or _(b) as to what share of such crop or its market value is payable by an_
_adhiar, or (c) as to any other matter under this Act, it shall be decided by_
the Board on application of either party.”

8. **Am endm ent o f section 11 o f A ssam Act XII o f 1948.—**

For section 11 of the Principal Act, the following shall be substituted,
namely:—

“ 11 (1) Any person aggrieved by an order of the _Adhi Conciliation_

Board or the Revenue Officer under this Act may, within the
prescribed time and in the prescribed manner, appeal to the
Sub-Judge having jurisdiction over the area concerned and the
latter may uphold, modify or set aside the order, or pass such
order as he may deem fit.

(2) The order of the _Adhi Conciliation Board or the Revenue_

Officer when no appeal is preferred, and the orders of the
Sub-Judge when an appeal is preferred, shall be final”.

**9. A m endm ent o f section 12 o f A ssam Act XII o f 1948.—** (1) **In**

section 12 of the Principal Act, after the words “any matter which”

occurring in the third line, the words “an _Adhi Conciliation Board or”_
shall be added.

(2) At the end of section 12 of the Principal Act, the full stop shall be

deleted and following shall be added, namely

“except as provided under this Act.”

A. G. P. (Leg) No.47/55—1000—1-12-1955.


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