The ASSAM ADHIARS PROTECTION AND REGULATION (AMENDMENT) ACT, 1952
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(2) Whoever as aforesaid-

_(a)_ taps or draws tari from any tari producing
tree ; or

(b) bottles any tari or pachwai for purposes of

sale; or

_' c) imports, exports, transports, manufactures,

possesses or sells any tari or pachwai ;

:)

shall Le punished with imprisonment which may

extend to six months or with fine or with

both."

stern

gal and
1m E x·

Act, ASSAM ACT XVI OF 1952

1910,

THE ASSA1-f _ADHIARS_ PROTECTION AND REGULATION

(AMENDMENT) ACT , 1952

(Passed by the Assembly)

(Received the assent of the Governor on the 17th October, 1952)

[Published in the Assam _Gazette,_ dated the 29th October 1952]

_An_

_Act_ _to_ _amend the_ _Assam_ Adhiars _Protection_ _and_ _Regulation_ _Act,_ _1Y18_

Whereas it is expedient to amend the Assam _Adhiars_ Assam _1\ct_
Protection and Regulation Act, 1948, hereinafter called the XII of 1948.
Principal Act, in the manner hereinafter appearing ;

It is hereby enacted as follows:-

                - hort- title, 1. ( l) This Act may be called the Assam _Adhiars_ Pro-

. and tection and Regulation (Amendment) Act, 1952 .
commence-
ment, · (2) It shall have the like extent as the principal Act,

(3) It shall come into force at once.

Substitution 2. In section 3 of the principal Act- ·

, o.f sub-sec- (a) for sub-section (1) the following sub-sectiqn shall be

                 - tton. ([1]) of substituted namely-
sect:on 3 of '                -
' Assam Act "(1) Notwithstanding anything to the contrary con-

_XU.of 1948 . tained in any law for the time being in force or any 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 relin
quishes the land or is ordered by a Re>!enue Officer under
section 5 to cease to culti vate and '-'acat<> the land or is
evicted ·therefrom _in_ execution of a valid order of the

. Rev,enue Officer." ;

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### 2:4

" Amendment _(b)_ in sub-section _(2),_ the words ''or to           - et · it out for

o_f su(h vation· to some othen person" shall be <:leletl!d•
tlon 2[·)sec-f ]o [cul.ti.]

rsection 3 of

Assam Act
XII of 1948.

Substitution 3: For. section 4 of the principal Act, thle following shall
of section 4               - e s ubsti~uted, . namely-
of Assam
Act XU of
19,8.

"Power . to 4. If any person cultivating any land as an _adhiar_

put _adhu:r_ during the preceding agricultural year is prevented by a

tn of possess10n the land l an dl or or d any person c a1mmg I · · supenor · Inter· est rrom " cu 1 · tl-
i f illegally vating such land in . the subsequent year, the Revenue

ousted and Officer may put such person in possession of the land and
to award may also awara compensation realisable from the landlord
compensa-tion. or t e person c h                   - 1 · · armmg supenor · mterest, · as t e case h may b e, .

not exceedin~ Rs.200. in a.ny individual case i'n tl:e manner
prescribed."

Insertion. of 4. ( l) After. sectitm 6 of the principal Act, the follo wing
new sechons shall be inserted as sections 7 and 8 namely-            -
ro A~m '
Act XII of
1948.

"Receipt for 7. _(i)_ Every _adhiar,_ on delivery to the landlord, the
the crop. latter's share 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.

(ii) The landlord should prepare and retain a coun ter-

foil ofthe receipt ~igned by the adhiar or his duly· authorised
agent.

_(iit)_ The receipt and the counterfoil shall contain a

description. of the land f0r which crop is delivered, the total
quantity of the crop due .from the adhiar, the quantity deli-
vered and the year for which the crop is delivered.
_(iv)_ If a receipt does not contain substantially the above

particulars, it shall be presumed, until the contrary is shown
to be an acquittance in full of the landlord's share of the
crop due from the _adhiar_ up to the date on which the

receipt is given,
Penalty for 8. When a landlord or his agent, without reasonable

om!ssion to cause, fa•ils to delilver· to the. adhiar: a receipt as required by

dc:hver re- sectionr 7, a R evenue Officer, on proceedings under this

ce•pt. section, ailiter makiqg such· enquiry as he may deem neces-
sary, order the J.aridlord · to pay as penalty a . -swm not

e:x:eeeding fifty rupees for eaeh default, and may, in his
discretion award to the: adhiar as compensation ·such portion
of; the penalty as he tninks fit."

(2') The existing sQctions 7, 8, 9, 10, 11                                - and 12 shall.

be renumbered as rsections 9, 10,. 11, 12, 13 and 14 respec-
tively.


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