The Assam Adhiars Protection and Regulation Act, 1948

ASSAM ACT X II OF 1948
TH E 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.]
 
 
 
 
 
Definitions.
2
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 
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 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 A ir  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
i
*
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).

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

(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.
[4. If any person cultivating any land as an adhiar 
during the preceding agricultural year is prevented
Power to 
put adhiar 
in possession u  „
of the land by a landlord or any person claiming superior interest 
if illegally from cultivating such land in the subsequent year, oiKted a n d ................. -  -  - -  -  - -  7
to award 
compen s a- 
tion.
the [Adhi Conciliation Board mav order such person 
to be put] 3 4 in possession of the land and may also 
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 .
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.
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

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
1. Substituted by Assam Act X I 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” .
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 Po 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.
 
[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, i a 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.
^ .In se rte d  by Assam Act X VI of 1952 and the existing 
section 7, 8, 9, 10, 11 and 12 renumbered as sections 9, 10, 11, 
12, 13 and 14 respectively.

1
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- 
money or- a t> le  a s  arrears of land revenue.dered to be  
paid.
Appeals [1 1 .(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
2.  Substituted by the A. O . 1950 for “ Provincial Govern-' 
m ent” .
1. Substituted by Assam Act K i l l  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.
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.

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