Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com Assam Adhiars Protection And Regulation (Amendment) Act, 1952 16 of 1952 [29 October 1952] CONTENTS 1. Short title, extent and commencement 2. Substitution of sub-section (1) of section 3 of Assam Act XII of 1948 3. Substitution of section 4 of Assam Act XII of 1948 4. Insertion of new sections to Assam Act XII of 1948 Assam Adhiars Protection And Regulation (Amendment) Act, 1952 16 of 1952 [29 October 1952] PREAMBLE An Act to amend the Assam Adhiars Protection and Regulation Act, 1948 Whereas it is expedient to amend the Assam Adhiars Protection and Regulation Act, 1948 (Assam Act XII of 1948), hereinafter called the Principal Act, in the manner hereinafter appearing; It is hereby enacted as follows:- 1. Short title, extent and commencement :- (1) This Act may be called the Assam Adhiars Protection and Regulation (Amendment) Act, 1952. (2) It shall have the like extent as the principal Act, (3) It shall come into force at once. 2. Substitution of sub-section (1) of section 3 of Assam Act XII of 1948 :- In section 3 of the principal Act-- (a) for sub-section (1) the following sub-section shall be substituted, namely-- "(1) Notwithstanding anything to the contrary contained 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 either voluntarily relinquishes the land or is ordered by a Revenue Officer under section 5 to cease to cultivate and vacate the land or is evicted therefrom in execution of a valid order of the Revenue Officer."; Amendment of sub-section (2) of section 3 of Assam Act XII of 1948. (b) in sub-section (2), the words "or to let it out for cultivation to some other person" shall be deleted. 3. Substitution of section 4 of Assam Act XII of 1948 :- For section 4 of the principal Act, the following shall be substituted, namely-- 4. "Power to put adhiar in possession of the land if illegally ousted and to award compensation. If any person cultivating any land as an adhiar during the preceding agricultural year is prevented by a landlord or any person claiming superior interest from cultivating such land in the subsequent year, the Revenue Officer may put such person 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." 4. Insertion of new sections to Assam Act XII of 1948 :- (1 ) After section 6 of the principal Act, the following shall be inserted as sections 7 and 8, namely-- [Price anna 1 or Id.] 7. "Receipt for the crop. (i) Every adhiar, on delivery to the landlord, the latters 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 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, until the contrary is shown to be an acquittance in full of the landlords share of the crop due from the adhiar up to the date on which the receipt is given. 8. Penalty for omission to deliver receipt. When a landlord or his agent, without reasonable cause, fails to deliver to the adhiar a receipt as required by section 7, a Revenue Officer, on proceedings 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 fit." ( 2 ) The existing sections 7, 8, 9, 10, 11 and 12 shall be renumbered as sections 9, 10, 11, 12, 13 and 14 respectively.