The ASSAM ADHIARS PROTECTION AND REGULATION (AMENDMENT) ACT, 1952

:) 
stern 
gal and 
1m E x· 
Act, 
1910, 
23 
(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, expor ts, 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." 
ASSAM ACT XVI OF 1952 
THE ASSA1-f ADHIARS PROTECTIO N 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 enact ed as follows:-
•Short- 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 a t 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 eithe r voluntarily relin 
quishes the land or is ordered by a Re>!enue Officer under 
section 5 to cease to culti va te and '-'acat<> the land or is 
evicted ·therefrom in execution of a valid order of the 
. Rev,enue Officer." ; 
• 
• 
I 
2:4 
" Amend ment (b) in sub -section (2), the words ''or to ·let · it out for 
o_f su(h2·)sec-f cul.ti.vation · to some othen person" shall be <:leletl!d• tlon o 
rsection 3 of 
Assam Act 
XII of 1948. 
Substitution 3: For. section 4 of the principal Act, thle following shall 
of section 4 ·be 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 prec eding agricultural year is prevented by a 
tn possess10n l dl d I · · · · " 1 · of the land an or or any person c a1mmg supenor Inter est rrom cu 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- h · 1 · · · · h b tion. or t e p erson c armm g supenor mterest, as t e case may e, . 
not exceedin~ R s.200. in a.ny indi vidual 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 qu antity 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 del ilver· to the. adhiar: a receipt as requ ired by 
dc:hver re- section r 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 existin g sQctions 7, 8, 9, 10, 11 · and 12 shall. 
be renumbered as rsections 9, 10,. 11, 12, 13 and 14 respec­
tively. 

‹ Prev All Assam acts Next ›