The Assam Adhiars Protection and Regulation (Amendment) Act, 1955

ASSAM ACT X III OF 1955
THE ASSAM ADHIARS  PR O TEC TIO N  AND REGULATION 
(AMENDMENT) ACT, 1955
(Passed by the Assembly)
(R eceived the assen t o f  the Governor on th e 14th Ju ly 1955)  
[Published in the Assam Gazette, dated the 20th July 1955]
dn
Act
further to amend the Assam Adhiars Protection and Regulation Act, 1948.
P ream b le.— Whereas it is expedient further to amend the Assam 
Adhiars Protection and Regulation Act, 1948 (Assam Act X II of 1948), 
hereinafter called the Principal Act, in the manner hereinafter appearing ;
It is hereby enacted in the Sixth Year of the Republic of India 
as follows:—
1. Short title, extent and com m en cem en t.— (1) This Act may be 
called the Assam Adhiars Protection and Regulation (Amendment) Act, 
1955.
(2) It shall have the like extent as the Principal Act.
(3) It shall come into force at once.
2. Insertion o f  a n ew  section  to A ssa m  A ct XII o f  1948.— After 
section 2 of the Principal Act, the following shall be inserted as sec­
tion 2A, namely :• —
‘‘2A. E stab lish m en t and constitution o f  A dhi C onciliation B oard.—  
(1) The State Government may, by notification in the official Gazette, 
establish for any local area specified in the notification an Adhi Con­
ciliation Board, hereinafter called the Board, consisting of one 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 functions of the 
Board shall be performed by the Revenue Officer having jurisdiction in 
the area concerned.
(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 restoration of possession 
shall be executed in the manner prescribed in the Code of Civil Pro­
cedure, 1908 (Act V of 1908) subject to such modification as may be 
prescribed.”
3. A m endm ent o f section  3 o f A ssam  A ct X II o f  1948.— In sub­
section (1) of section 3 of the Principal Act, the words “ Revenue Officer”, 
wherever they occur, shall be substituted by the words “Adhi Concilia­
tion Board”.
4. A m endm ent o f  section  4 o f  A ssa m  A ct X II o f  1948.—In  
section 4 of the Principal Act, for the words “ Revenue Officer may 
put such person” , the following shall be substituted, namely:—
“Adhi  Conciliation Board may order such person to be put”.
5. A m endm ent o f  section 5 o f  A ssa m  A ct X U  o f 1948.— For 
section 5 of the Principal Act, the following shall be substituted, namely:— •
“ 5. (1) Subject to the provisions of sub-section (2) below, an Adhi 
Conciliation Board may, on application of a landlord and after due
[Price 1  anna or\l rf.]

notice and enquiry as prescribed, order an Adhiar, on one or more of 
the grounds mentioned below, to cease to cultivate an Adhi land and 
to be evicted therefrom in the manner prescribed
(i) that the land is bonafide required by the landlord for personal 
cultivation either by himself or by members of his family or 
by servants or hired labourers:
Provided that if the area of the cultivable land held by the landlord in 
the aggregate amounts to only thirty bighas, he shall be entitled to resume 
for personal cultivation the entire land, but if it exceeds thirty bighas, then 
he shall be entitled to resume only two-thirds of the total area held by him 
or thirty bighas, whichever is higher, subject to an overall maximum of one 
hundred bighas, including the land already held by him under his personal 
cultivation at the time of resumption.
Provided further that if the landlord does not cultivate the land within 
one year or sub-lets 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;
Explanation.— ‘Servants and hired labourers’  mean persons working 
for a fixed remuneration either in.cash or in kind but shall not include any 
person who receives a share of the crop ;
(«) that an adhiar has used the land in a manner which renders 
it unfit for the purpose of cultivation ;
(H i) that an adhiar has failed to deliver within the prescribed time 
to a landlord such a share or quantity of the produce as he is 
bound, subject to the provisions of this Act, by an express 
or implied agreement with the landlord to deliver :
Provided that the order of eviction passed under this clause shall not 
be executed if the share or quantity of the produce remaining unpaid is 
delivered to the landlord within such time as may be allowed, and with such 
compensation, if any, as may be awarded, by the Board ;
(iv) that the adhiar kept the land fallow for two consecutive years 
without reasonable ground or sub-let it to others :
Provided that an adhiar who keeps the adhi land fallow under this 
clause shall further be liable to pay to the landlord, for each such year, a 
sum equal to double the annual land revenue, which is or would have been 
payable by the landlord to the Government, if such land is or had been 
assessable to revenue at full rates.
(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” .
6. Amendm ent o f section 6 o f A ssam  Act XII o f 1948,— -In 
section 6 of the Principal Act,—
(i) for the word “ one-third” against item («), the word “ one-fourth” 
shall be substituted ;
(t») for the word “ one-fourth” against item (b), the word 
“one-fifth” shall be substituted ;
(Hi) the following new proviso shall be added after the existing 
proviso, namely:
“ Provided further that when more than one crop are grown on a 
particular plot of land within the same agricultural year, the land­
lord or the person under whom an adhiar holds land shall get his 
stipulated share only of the major crop”.

X.
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7. Insertion o f  a new  section  to A ssa m  A ct X II o f 1948.— After 
Section 6 of the Principal Act, the following shall be inserted as 
section 6-A, namely :—
“6. A. Settlem ent o f d isp u tes.— Il any dispute arises between a land­
lord and an adhiar (a) as to whether a particular crop is a major crop or not, 
or (b) as to what share of such crop or its market value is payable by an 
adhiar, or (c) as to any other matter under this Act, it shall be decided by 
the Board on application of either party.”
8. A m endm ent o f section 11 o f  A ssam  Act XII o f 1948.—  
For section 11 of the Principal Act, the following shall be substituted, 
nam ely:—
“ 11 (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 preferred, shall be final” .
9. A m endm ent o f  section  12 o f  A ssam  A ct X II o f 1948.— (1) In 
section 12 of the Principal Act, after the words “any matter which” 
occurring in the third line, the words “an Adhi Conciliation Board o r” 
shall be added.
(2) At the end of section 12 of the Principal Act, the full stop shall be 
deleted and following shall be added, namely
“except as provided under this Act.”
A . G. P. (Leg) No.47/55—1000—1-12-1955.

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