Assam Adhiars Protection and Regulation Act, 1948
No: 12 Dated: Jun, 16 1948
Amendment:- Assam Adhiars Protection and Regulation (Amendment) Act, 1959
THE ASSAM ADHIARS PROTECTION AND REGULATION ACT, 1948
ASSAM ACT XII OF 1948
An Act to provide for the protection and regulation of Adhiars in Assam.
Preamble. - Whereas it is expedient to provide for the protection of tenants of agricultural lands paying rent in kind in the Province of Assam.
It is hereby enacted as follows:-
1. Short title extent and commencement. - (1) This Act may be called the Assam Adhiars Protection and Regulation Act, 1948.
(2) The State Government may, by notification in the official Gazette, extend all or any of the provisions of this Act to agricultural lands in any district, local area or class of estates in the State of Assam where the Goalpara Tenancy Act, 1929, or the Assam (Temporarily-Settled Districts) Tenancy Act, 1935 or the Sylhet Tenancy Act, 1936, is applicable.
(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 may, by notification in the official Gazette, direct.
2. Definitions. - In this Act, unless there is anything epugrnant 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 cultivates the land or another person on condition of delivering 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 commencing 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 delivering 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 remuneration 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 seasons :
Provided that in the case of a person who is a widow or a minor, or is subject to any physical or mental disability or is a member of the Military, Naval or Air 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.
(8) "Prescribed" means prescribed by rules made under this Act ;
(9) "Revenue Officer" means any officer appointed by the State Government 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 Sub divisional Officer of a Subdivision.
2A. Establishment and constitution of Adhi Conciliation Board. - (1) The State Government may, by notification in the official Gazette, establish for any local area specified in the notification and Adhi Conciliation 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 function 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 Procedure, 1908 (Act V of 1908) subject to such modification as may be prescribed
3. Adhiar to continue to cultivate adhi land. - (1) Notwithstanding anything to the contrary contained in any law for the time being in farce 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 relinquishes the land or is ordered by a Inserted by Adhi Conciliation Board 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
(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 except as provided in section 5.