The ASSAM DADANS ACT, 1944.
###### THE ASSAM DADANS ACT, 1944.

LPasst>d by thi- .\s~am Legisla1url"]

(Recei\•ed the assent of the Governor on the 8th April 1944.)

lPublisbcd in the _Assam_ _Gazelle of thl"_ 121h April 191_.J

_An Act_ _to_ _gather_ _information_ _about,_ _and_ _sellle_ _claims_ _in_ _respect_ _q(,_ _dadanr nr advances_ _to_ _cultiua-_

_lors on crops_

Prt>amt.le. Wu~:l{F.AS il is expedient to provide by law that information be furnished to Govern-

ment in respect of certain advances made to cultivators and receivers of rent in kind
and for the method of disbursement of the price of certain food-grains purchased o;
rcquisilione<l f1 om such persons ;

It is hereby enacted as follows:-

Title, 1. (1) This Act may be called the Assam D adans Act, 1944.
extt"nl,
commencl"- (2) It extends to the whole of Assam, and, save as provided in section 3, shall

menr and come into force at once.
duration.

(3) It shall remain in force for two years ;
Provided that the Provincial Government may, with the approval of the Legisla-

t11rc, by notification in the official Gazette, extend its duration from time to time, for

a period not exceeding one year on each occasion.

Definition. 2. I n this Act, unless there is anything repugnant in the subject or context,-

(a) "culi1vator" means a person who has land which he cultivates either himself
or through labourers.
_Explanation.-A person who bas a share_ in land which he cultivates eiFher himself

or through labourers is a cultivator within the above. definition.

_(b)_ "dadan" means any sum of money advanced under an agreement, in writing

or as customary between the parties that such sum of money will be repaid by delivery
or food-grams or adjusted against the price of food-grains to be delivered later.

_(c)_ "Deputy Commissioner" means the Deputy Commissioner of the district in

which a cultivator or receiver of rent in kind has his land.

_Explanation.- For_ the purposes of this Act, Deputy Commissioner shall also
mean and include the Subdivisional Officer, where there ha Subdivisional Officer.

_(d)_ "food-grain licensee" means a person in whose favour a licence issued under

the Food-Grain:1 Control O~der, 1942 is in force.

(e) "food-grains" means any o[ the food-grains .specified in the First Schedule to

this Act.
###### ( f) "land" means agricultural land.

_(g)_ "prcsc1·ibed" means prescribed by rules made u11dcr this Act.
(II) "receiver or rent in kind" means a person who, having let out to one or more

r-ersons land or a share in land for which rent in kind is payable to him, either has or
may reasonably expect to have as such rent not less than one hundred maunds of food·

grains in one year.           -

(i) "rent in kind" means rent payable in food-grains.

_Price_ _1 anna or l d._


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Gazelle, extends its application to other food-grains.

Statements to 4. Every person who, being a food-grain licensee, 01 a money-lender reg.istered
be furnished under the Assam Money-Lenders' Act, 1934 (Assam Act IV of 1934), has given any~
by food- d;idan to a cultivator or recei\·er of rent in kind shall, if such d:1dan w:is given before

fi~~n~c"~ and the date on which this Act comes into force, within one month from such date,
moue)- and, where such dadan has been given after the date on which this Act comes into _

t ... nders. force, within ten days from the date on which it is given, furnish, in Form No.l in

the Second Scbcdulc to this Act, the information therein required.

Power to 5. The Deputy Commissioner shall, by publtcati n of noticr in such manner as
acquire he may determine (which notice need not be personally served on any person), require
other per-

sons to fur- persons other than food-grain licensees or money-lenders registered undr•r the Assam
nish state- Money-Lenders' Act, 19:!4 (Assam Act IV of 193'1), who have given dadan to a

men ts. cultivator or rc:-ccivcr of rent in kind whether before or since thc:- commencement of this

Act, to furnish within such time as he may by such noLict' appoint, in Form No.l in
the Second Schedule to this Act, the information therein required.

Statement~ 6. Every person who, being a cultivator or a receiver or rent in ki11d, has teceived

ti;ishhd . ~ur- any d<'1dan from any food-grain licensee or a money-lender regisu·rcd under the Assam

~~ i tfvator! Money-Lenders' Act, 1934 (Assam Act IV of 1934), or other person, !-.hall, if such dfulan

and receivers was received before the date on which this Act comes into force, within one month
of rent i1. from such <la Le, and, where such dadan has been received after the <late on which this

kind. Act comes into force,· within ten days from the date on which iL is received, furnish in
Form No. 2 in the Second Schedule to this Act, the information therein required.

_Explanatio11.- For_ the purposes of sections 4, 5 and 6, any monry paid as considera-

tion for the transfer or land or of any interest in land shall be deemed to be a dadan
where the w1nsferor, being a cultivator or receiver of rent in kind, has remained i~
possession of the land. ,,

Furnishinl{ 7. (1) Any statement required by this Act to he furnished by any person iihall be

and rejection furnished to such officer as may be prescribed, and, subject to the provisions of sub-
of statt'mc:m. seccion (2), a statement furnished after the expiry of the time within which it is due

shall hr rejccttd.

\2) Where an} such statement is furnished after the expiry of the time within

which it is due, such officer may nevertheless accept it if he is satisfied that the default
was not wilful or that 1t has been sufficiently explained, and his orders in this behalf

shall be final.           -

Di.5bursc- 8. 'I he price or any food-~rain~ purchased from a cultivator or a tecciver of rent
mcnt of in kind by the Provincial Government either through its officers or through agents

pri~c of food- appointed for the purpose, as well as of any food-grains requisitioned from such persons

~ri~:i ~~r- by the Provincial Gdovcrn_ment under banydprbovisiond~f thc Dde.fcbncc o~ India Rules,

requisiLioned shall, where the foo -grams arc encum ere y any ac 1 an 1 lC 1s urscc m 1 the follow-

by Govern- ing manner:    -

meot. _(a)_ Unc-half of the price shall, upon delivery of the food-grains, be paid to the
cultivator or the receiver of rent in kin<l from whom it is purchased or requisilionecl.

(b) Out of the remaining half of the price, all persons who have any claim
against th<" cultivator or the receiver of rent in kind on account ol'any dadan shall be
reimhursrd to the t•xtent ol' tlie amount advanced, and, where the surplus is not suffi-
cient for the put pos<· of such n·imburscment, it shall be rateably d istributed amongst
the claimants ii more than one in numbc-1 :          -

Provided ~hat no pot tion of the surplus. ~halJ b.e pa!d to any pc·:son who, being
liable to furn1-;h _a statement_ under the proVlstons of secuon 4 or scct10n 5, has failed
to furnish such statement.
_(c)_ The balance, if any, after all such disbursenwnts shall hr pnid to the cultivator

or rt>reivcr of rent in kind from whom the food-grains are purchased or requisitioned.

Board\ of 9. (1) Notwithstanding anything contained in S<'ction 8, any person claiming the

Arl>iLraror5, slll plu~ 01 any portion thereof, as well as any person tl1sputing such claim may, wit hi•


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Board of Arbitrators ;

Provided that no such application shall be entertained from any person who,
being liable to furnish a statement under the provisions of section 4, secfion 5, or
seclion 6, has failed to furnish such statement.

_Explanation.-For_ the purposes of this sub-section and of section _8,_ any person

whose statement has been rejected under section 7 shall be deemed to have failed
to furnish suoh statement.

        - (2) On such application being made, the surplus shall not be disbursed, and a

Board of Arbitrators shall be appointed and shall function in the manner prescribed.

(a) Subject to the provisions 0f section 10, the decision of the Board of Arbi-

trators shall be final and conclusive between the parties, and the surplus shall, upon

such decision being made, be disbursed in accordance therewith.

Appeals from 10. (1) An appeal, if filed within the prescJ'ibed period and in the prescribed

Boa~d of manner, shall lie against thf" decision of the Board of Arbitrators-
Arbitrators. (a) to the Deputy Commissioner, where the amount of the surplus exceeds one
thousand but does not exceed two thousand rupees, and
_(b)_ to the Commissioner of Divisions, where the amount of the surplus exec.eds

two thousand rupees.

(2) The appellate authority may pass such orders on the appeal as he thinks 6t ;

and such orders shall"be final and conclusive between the parties.

Punishment 11. Whoever, being liable to furnish a statement under section 4 or section 5,

for fail~rc has wilfully failed within the timi; therein Jaid down to furnish such statement,· shall be
to furnish punished with fine which may extend to two hundred rupees.
statement.

Punishment 12. Whoever furnishes a statement as required lby section 4, section 5, or section
for false 6, which he knows or has reason to believe to be false, shall be punished with impri-

statement. sonmcnt of either description for a term which may extend to one year, or with fine
which may exlend to one thousand rupees, or with both.

Power to 13. The Provincial Govcrnmenl may make rules for carrying into effect the provi-
make rulei;. sions of this Act.
Bar of civil 14. No civil court sh .. dl during the period for which this Act is in force entertain
suits. any suit-
_(a)_ against the Provincial Government or their agents or against a cultivator or a
receiver of renl in kind, for any claim in respect of the disbursement of the price of food-

grains under section 8, or for any damages resulting from such disbursement, or for the
recovery of any dadan; or
_(b)_ questioning the decision of any Board of Arbitrators appointed under this Act

or any orders passed on appeal from such decision.

Cognizance. 15. No court shall take cognizance of an offence under this Act except on a com-

pl'lint in writing made by the Deputy Commissioner.

##### I

".l'~o Y.. '""ts.

## v


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|Name|Quantity|
|---|---|


2. Rict· husked 5 )tfatikalai
3 Arhar 6 ~1ustanl i.ccd

###### THE SECOND SCHEDULE

_(Sc._ sections 4, 5 and 6)

Foiu1 :\o.l
###### .

Food-graius to be ddi\'ercd

I

To whom ad .. -anccd
i\rnOUDl

No. \ -::id,-anced Name Quantity

'

t\ddress
Name

###### - - ------ R~. a. p.
 \
 ! , ............................................... I ron of ......... .................................... 01

(village) ...... ....................................... P. S ........................................... declare

that the above i:. a true and complete statement of all advances made by me.

_Signatu.re_ _(or_ _thumb impmsion)._

_Date_

FoR\I No.2

Food-grains to be dcli,cred
Remarks

Dy whom advanced

Amount

No. advanced Quantity

Address
Name

Rs. a. P·

### -

###### I, ........... ......................... ...... '""of ...... ..... •. ............ •......................... of

(villa~c) . . • . . . . . . • . . . . . . . . . . .. . . . • . .............• P. S. . ..•..........•...•........•....•............ dccla<e

that the above is a true and complete statement of all advances teccivcd by me.

_Stgnat"rr_ _(01_ _thumb_ _impms1ot1)_

###### Datt

A.G .P. (L.C.) :-;o 31-500 .HI 22·8-l9HI .

###### ·J,o v .... ts.


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