The Assam Adhiars Protection and Regulation (Amendment) Act, 1957
**fHE** **ASSAM** **ADHIARS** **PROTECTION** **AND** **REGULATION**

**(AMENDMENT) ACT, 1957**

**Received the assent o f the Governor on the 21st August 1957**

[Published in the Assam Gazette, dated the 28th August 1957]

**An**

**Act**

**further to amend the Assam Adhiars Protection and Regulation Act, 1948**

**(Assam Act XII of 1948)**

**Preamble.—Whereas it is expedient further to amend the Assam Adhiars**

Protection and Regulation Act (Assam Act XII of 1948), hereinafter called
the Principal Act, in the manner hereinafter appearing :—

It is hereby enacted in the Eighth Year of the Republic of India as

follows :—

1. **Short title, extent and commencement.—(1) This Act may be called**

the Assam Adhiars Protection and Regulation (Amendment) Act, 1957,

(2) It shall have the like extent as the Principal Act.
(3) It shall be deemed to have come into force from the date of

commencement of the Principal Act.

2. **Amendment of Section 2 of the Assam Act XII of 1948.—Below**

Clause (6) of Section 2, the following new definition shall be inserted as
Clause (7), and the remaining clauses renumbered :—

“(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 remuneration 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 by the bearing of risks of cultivation by the
owner 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 season :

Provided that in the case of a person who is a, widow or a minor,

or is subject to any physical or mental disability or is a member of the
Military, Naval or Air Forces 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”.

3. **Amendment of** Section S **of Assam Act XII of 1948.—The entire**

Clause (i), including the Explanation below it, of sub-section (1) of Sec-
tion 5 shall be substituted by the following, namely

“(i) 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 occupation 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 of 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.
Tn no case, however, the aggregate area of lands so resumed from all his


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**adliiars** taken together, along with any other land already held under per­
sonal cultivation by the landlord or any member of his family on the date
of resumption, shall exceed an overall limit of 100 bighas;

(c) if the landlord is a minor, or a widow, or a person subjected

**to** any physical or mental disability or a member of the Military, Naval
**or** Air Forces of the Union, then it shall not be obligatory on him to leave
a minimum area with the **adliiar** 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.”

**4.** **Amendment of Section 6 of Assam Act XII of 1948.—The existing**

Section 6 shall be numbered as sub-section (1) of Section 6, and the follow­
ing shall be added as a new sub-section (2) under the same section,

namely,—

“(2) Notwithstanding anything 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 for in sub-section (1) above, the money
value of such crop computed in the manner prescribed.”


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