LexThe ASSAM DADANS ACT, 1944.
Assam · state statute
Open in Lexace · Ask the AI about this actPrt>amt.le.
Title,
extt"nl,
commencl"
menr and
duration.
Definition.
---
ASSAM ACT VII OF 1944
THE ASSAM DADA NS ACT, 1944.
LPasst>d by thi- .\s~am Legi sla 1url"]
(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
Wu~:l{F.AS il is expedient to provide by law that informa tion be furnished to Govern
ment in respect of certa in advances made to cultivators and receivers of rent in kind
and for the method of disbursement of the p rice of certain food-gra ins purchased o;
rcquisilione<l f1 om such persons ;
It is hereby enacted as follows:-
1. (1 ) This Act may be called the Assam Dadans Act, 1944.
(2) It extends to the whole of Assam, an d, save as provided in section 3, shall
come into force at once.
(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.
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 eit her himself
or through labourers.
Explanation.-A person who bas a share in land which he cult ivates eiFher himself
or through labourers is a culti vator within the above. definition.
(b) "dadan" means any sum of money advanced under an agreement, in wri ting
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 Commissione r" 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 Subd ivisional Officer, where there ha Su bdivisiona l Officer .
(d) "food -grain licensee" means a person in whose favour a licence issued under
the Food-Grain:1 Cont rol 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 agric ultural land .
(g) "prcsc1·ibed" means prescribed by rules made u11dcr this Act.
(II) "receive r or rent in kind" means a person who, having let ou t to one or more
r-ersons land or a sha re in land for which rent in kind is payable to him, eith er 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-grai ns.
Price 1 anna or l d.
Application.
2
3. The provision ol this Act shall not apply 10 food-~rains other than rice in the
husk and rice husked unless the Provincial Governm1'nl, by notification in the ofticial
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
Power to
acquire
other per
sons to fur
nish state-
men ts.
the Second Scbcdulc to this Act, the information therein required.
5. The Deputy Commissioner shall, by publtcati n of noticr in such manner as
he may determine (which notice need not be personally served on any person), require
persons other than food-grain licensees or money-lenders registered undr•r the Assam
Money-Lenders' Act, 19:!4 (Assam Act IV of 193'1), who have given dadan to a
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
1
thc
1
Dde.fcbncc o
1
~ India Rules,
requisiLioned shall, where the foo -grams arc encum ere y any ac an lC 1s urscc m 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 sha ll be
reimhursrd to the t•xtent ol' tlie amount advanced, and, where the surp lus 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•
3
such time and in such manner all may be prescribed, apply for the appoinu_.,ent of a
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 sta tement 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.
Appeal s 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 sectio n 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
v
".l'~o Y.. '""ts.
No.
-
THI: HRST SCHEUULE
(Stt Section 2(e) )
1 Rio in the hu~k (paddy) 4. ~lasH{.
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
To whom ad .. -anccd i\rnOUDl
'
-::id,-anced Name Quantity
Name t\ddress
------- R~. a. p.
..
I
\ I
! , ........................... .................... ron of ........ ..................................... 01
(village) ...... ....................................... P. S ........................................... declare
that the above i:. a true and complete statement of all advanc es mad e by me.
Date
Dy whom advan ced
No.
Name Add ress
-
FoR\I No.2
Amount
advanced
Rs. a. P·
Signatu.re (or thumb impmsion).
Food -grains to be dcli,cred Remarks
Quantity
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.