The Assam Adhiars Protection and Regulation Act, 1948
# ASSAM ACT X II OF 1948

THE ASSAM ADHIARS PROTECTION AND

REGULATION ACT, 1948

(As modified upto 28th January 1958)

(Passed by the Assenibly)

## (Received the assent of the Governor on the 3rd
 June 1948)

[Published in the Assam Gazette Of the 16th June 1948]

_An_

_Act_

_to provide for the protection and regulation of Adhiars in_

_Assam i_

Preamble. Whereas it is expedient to provide for the protec­

tion of tenants of agricultural lands paying rent in
kind in the Province of Assam.

It is hereby enacted as follows:—

short title, 1 0 ) This Act may be called the Assam Adhiars

extent and Protection and Regulation Act, 1948.
tommence-
tn e n t* (2) The [State Government][1] may, by notification

in the official Gazette, extend all or any of the provi­
sions of this Act to agricultural lands in any district^
local area or class of estates in the [State][2] of Assam
where the Goalpara Tenancy Act, 1929, or the Assam Assam Act 1

(Temporarily-Settled Districts) Tenancy Act, 1935 or of 1929.
the Sylhet Tenancy Act, 1936, is applicable. Assam Act
**I I I of J935«**
**Assam** **Act**

**X I of 1936.**

(3) All or any of the provisions of this Act shall

tome into force in any district, local area or class of
estates to which the said provisions have been

extended under sub-section (2) on such date as the

[State Government][1] may, by notification in the
official Gazette, direct.

1 Substituted by the A.O. 1950 for ’"Provincial Government” ,                -

3 Substituted by the A.O. 1950 for “ Province” ,

_[Price 00'25 JV.P, or 5d.]_


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# 2

Definitions. 2. In this Act, unless there is anything epugr-

nant in the subject or context,—

(1) “ Adhiar” means a person who under the

system generally known, as Adhi (whether Guchiadhi
or Guti-adhi), barga, chukti, bhag or chukani culti­
vates the land or another person on condition of deli­
vering a share or quantity of the produce of such land
to that person ;

(2) “ Agricultural lands” means land used for

agricultural purposes;

(3) “Agricultural year” means the year commenc­

ing on the first day of Baisakh or Bahag ;

(4) “Cultivating adhiar” means an adhiar who

cultivates land himself or with the members of his
family or dependants or hired labourers and does not
include a person who lets out his land for cultivation;

(5) “Land-lord” means the person directly under

whom the adhiar holds the land on condition of deli­
vering a share or quantity of the produce thereof;

(6) “ Notification” means a notification published

in the official Gazette;

[(7) “ Personal cultivation” means cultivation by

the person himself, or by any member of his family
or by his servants or hired labourers on fixed remune­
ration payable in cash or kind but not in crop share,
under personal supervision of the person himself or
any member of his family, provided it is accompanied J
by the bearing of risks of cultivation by the owner

_i_

and by residence in the village in which the land is

_*_

situate or in a nearby village within a distance of five
miles during the greater part of the agricultural sea­
sons :

[Provided that in the case of a person who is a

widow or a minor, or is subject to any physical or men­
tal disability or is a member of the Military, Naval

_or Air Force of the Union, or is a student below the_
age of twenty-five years of any educational institution
recognised by the State Government, the land shall be
deemed to be under personal cultivation even in the
absence of such personal supervision.][1]

(8) “Prescribed” means prescribed by rules made

under this Act ;

J. Inserted by Assam Adhiafs Protection and Regulation

(Amendment) Act, 1957 (Assam Act (XI of 1957) and Clause (7)
and (8) renumbered as Clauses (8) and (9).


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(9) “Revenue Officer” means any officer appoint­

ed by the [State Government][2] by name or by virtue
of his office to discharge any of the functions of a
Revenue Officer under this Act and includes the

Deputy Commissioner of the District and the Subdivi-

sional Officer of a Subdivision.

Establish­ [2A. (1) The State Government may, by notifica­
ment and
constitution tion in the official Gazette, establish for any local area
of Adhi specified in the notification and Adhi Conciliation

Conciliation Board, hereinafter called the Board consisting of one
Board. 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

function of the Board shall be performed by the
Revenue Officer having jurisdiction in the area con­
cerned.

(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 restora­

tion of possession shall be executed in the manner pres­
cribed in the Code of Civil Procedure, 1908 (Act V
of 1908) subject to such modification as may be pres­
cribed.][1]

Adhiar to 3. [(1) Notwithstanding anything to the contrary

continue to c o n tained in any law for the time being in force or any
adhi land, contract or agreement, express or implied, any person
who during the preceding agricultural year cultivates
any land as adhiar shall have a right to remain in
occupation and cultivate the land for subsequent years
until he either voluntarily relinquishes the land or is
ordered by a [Adhi Conciliation Beard][2] under section
5 to cease to cultivate and vacate the land or is evicted
therefrom in execution of a valid order of the [Adhi

Conciliation Board.][1] . ] [2]

2. Substituted by the A. O. 1950 for “ Provincial Govern­

ment”.

1 . Inserted by Assam Adhiars Protection and Regulation

(Amendment) Act, 193 5 (Assam Act X III of 1955).

2. Substituted by Assam Act X III of 1955 for “Revenue

Officer”.


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(2) It shall not be lawful for a landlord or any other

person claiming superior interest to interfere with the
adhiar’s right to occupy and cultivate the land

[***]3 except as provided in section 5.

Power to [4. If any person cultivating any land as an adhiar

put adhiar
in possession of the land by a landlord or any person claiming superior interest during the preceding agricultural year is preventedu „
if illegally from cultivating such land in the subsequent year, oiKted a n d ................. -                - - -                -                -                - 7

the [Adhi Conciliation Board mav order such person

compen s a- to award to be put]4[3] in possession of the land and may also
tion. award compensation realisable from the landlord or

the person claiming superior interest, as the case may
be, not exceeding Rs.200 in any individual case in
the manner prescribed][5] .

Power to [5- (1) Subject to the provisions of sub-section

order adhiar (2) below, an Adhi Conciliation Board may, on

to cease to application of a landlord and after due notice and
adhi* [V] land enquiry as prescribed, order an Adhiar, on one or
and to evict more of the grounds mentioned below, to cease to
on certain cultivate an Adhi land and to be evicted tl'ere from

grounds. j n (he manner prescribed :—

[(f) that the land is _bonafide required by the_

landlord for his personal cultivation ;

Provided that,—

(a) if the aggregate area of lands in actual

occupation of an adhiar does not exceed 10 bighas,
then he shall not be evicted therefrom until he has
been provided with land of equivalent value in the
locality ;

_(b) if the aggregate area of lands in actual occupa­_

tion of an adhiar exceeds 10.bighas, then the adhiar
shall not be evicted from a minimum area of 10 bighas
as selected by him (adhiar), until he has been provided
with land equivalent value in the locality, but the
landlord shall be entitled to resume for his personal
cultivation any area in excess of these 10 bighas. In

no case, however, the aggregate area of lands so
resumed from all his adhiars taken together, along
with any other land already held under personal
cultivation by the landlord or any member of his

family on the date of resumption shall exceed an

overall limit of 100 bighas ;

_(c 1 if the landlord is a minor, or a widow, or a_

person subjected to any physical or mental disability

3 The words ‘or to let it out for cultb ation to some other

person” deleted by Assam Act XVI of 1952.

4 Substituied by Assam Act X III of 1955 for “ Revenue

Officer may put in such person” ,

Subsiituted by Assam Act XVI of 1952.


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## 5

or a member of the Military, Naval or Air Force of
the Union, then it shall be obligatory on him to
leave a minimum area with the adhiar as provided
for in (a) or _(b) above ;_

_(d) if the landlord does not cultivate the land_

within one year or sublets 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 .]1

(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.] [1]

Power to ( l) [2 ]3 Notwithstanding anything to the con­

fix the rate trary contained in any law for the time being in force
cf rent °n or in any contract or agreement express or impiled the
produce of P[o r t] ’[o n o r] share of the crop payable by an adhiar to

the land. a person under whom he directly holds the land shall
be determined and shall be subject to the maxima

given below:—

From the gross crop, the seedgrains, if any, paid

by a landlord or person under whom an adhiar holds
land shall be repaid to him. O f the remaining corp

the maximum portion or share payable to him shall
vary according as he supplies or does not supply
plough cattle for cultivating the land.

_(a) Where he supplies plough [one-fourth]®_

cattle and cultivation is done
with their help.

(A) Where he does not supply lone-fifth][4]

plough cattle.

Provided that where the quantity or share of

crop fixed by contract is less than the above maxima
the adhiar shall be liable to pay only the quantity

fixed by contract.

1. Substituted by Assam Act XI of 1957.

1. Substituted by Assam Act X III of 1955.

2. Section 6 renumbered as sub-section (1) of the section

and sub-section (2) added by the Assam Act XI of

1957.

3. Substituted by Assam Act X III of 1955 for “ one-third’’

4. Substituted by Assam Act X III of 1955 for "one-

fpurth” .


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[Provided further that when more than one crop

are grown on a particular plot of land within the same .

Agricultural year, the landlord or the person under
whom an adhiar holds land shall get his stipulated
share only of the major crop.][1]

[(2) Notwithstanding znything to the contrary

in any law, custom or agreement, it shall be lawful
for an adhiar, if he so elects, to pay, in lieu of the
share of crop as provided in sub-section (1) above,
the money value of such crop computed in the manner
prescribed][2]

Settlement of 6. A. If any dispute arises between a landlord

disputes, and an adhiar (a) as to whether a particular crop is a

major crop or not, or (A) as to what share of such crop

or its market value is payable by an a ihiar, or (c) as
to any other matter under this Act, it shall be decided
by the Board on application of either party][3]

Receipt for 7. Every adhiar, on delivery to the landlord,

the crop, ia t t e r »s s [hare of the crop shall be entitled to]

obtain forthwith from the landlord a written receipt
for the quantity of the crop delivered by him, signed
by the landlord or his duly authorised agent.

(m) The landlord should prepare and retain a

counterfoil of the receipt signed by the adhiar or his
duly authorised agent.

## (iii) The receipt and the counterfoil shall contain

a description of the land for which crop is delivered,
the total quantity of the crop due from the adhiar,
the quantity delivered and the year for which the crop
is delivered.

## (iv) If a receipt does not contain substantially

the above particulars, it shall be presumed, untill the
contrary is shown to be an acquittance in full of the
landlord’s share of the crop due from the adhiar upto
the date on which the receipt is given.

Penalty for 8. When a landlord or his agent, without reason-

omissicn to a ble cause, fails to deliver to the adhiar a receipt as
deliver re- r e q Ujr e d by section 7, a Revenue Officer, on proceed­

ings under this section, after making such enquiry as
he may deem necessary order the landlord to pay as
penalty a sum not exceeding fifty rupees for each
default, and may, in his discretion award to the adhiar
as compensation such portion of the penalty as he
thinks fi . ] |

x . Added by Assam Act X III of 1955.
y. Added by Assam Act XI of 1957.

Inserted by i*ssam Act X III of 1955.

^.Inserted by Assam Act XVI of 1952 and the existing

section 7, 8, 9, 10, 11 and 12 renumbered as sections 9, 10, 11,

12, 13 and 14 respectively.


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Supersession 9. The [ State Government ] may amend, vary

or rescind any notification issued under sub-section (2)
and (3) of section 1.

**Mode of re-** 10. Any money payable by virtue of an order made

**covery** **of** under this Act or Rules thereunder shall be recover-

**dered to bemoney or-** a t>le a s arrears of land revenue.
**paid.**

Appeals [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 prefer­
red, shall be final, j 1[*]

**Bar of juris-** 12. No Civil Court shall entertain any suit or

**diction** **of proceeding in any matter arising out of any proceed-**

**Civil Courts j n g S** u n der this Act, or in respect of any matter which

[ an Adhi Conciliation Board or ][2] a Revenue

Officer is empowered to dispose of under this Act

[ except as provided under this Act. ]*

Indemnity 13. No suit, prosecution or other proceeding shall

lie against any person for anything in good faith done
or purporting to be done under this Act, or the rules
made thereunder.

Power to The L State Government ] may by notifica-

make rules. lion make rules for carrying out the provisions of this

Act.

2. Substituted by the A. O. 1950 for “ Provincial Govern-'

ment” .

1. Substituted by Assam Act K ill of 1953.

2. Added by Assam Act X II of 1955.

3. Substituted by A. 0 . 1950 for “ ProVicial Government’?.

A.G.P. (Legs) No,35/57—900—22-2-1957.


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