The Assam Adhiars Protection and Regulation (Amendment) Act, 1957

English — official source version

the_assam_adhiars_protection_&_regulation_(amendment)_act,_1957._0_recognized.pdf.txt

R eceived  the a ssen t o f  th e  Governor on the 21st A ugust 1957

[Published in the Assam Gazette, dated the 28th August 1957]
An 
Act 

further to amend the Assam Adhiars Protection and Regulation Act, 1948 
(Assam Act XII of 1948)

fHE ASSAM ADHIARS PROTECTION AND REGULATION 
(AMENDMENT) ACT, 1957

Preamble.—Whereas it is expedient further to amend the Assam Adhiars 
Protection and Regulation Act (Assam Act XII of 1948), hereinafter called 
the Principal Act, in the manner hereinafter appearing :—

It is hereby enacted in the Eighth Year of the Republic of India as 
follows :—

1. Short title, extent and commencement.—(1) This Act may be called 
the Assam Adhiars Protection and Regulation (Amendment) Act, 1957,

(2) It shall have the like extent as the Principal Act.
(3) It shall be deemed to have come into force from the date of 

commencement of the Principal Act.
2. Amendment of Section 2 of the Assam Act XII of 1948.—Below 

Clause (6) of Section 2, the following new definition shall be inserted as 
Clause (7), and the remaining clauses renumbered :—

“(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 season :

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 Forces 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”.

3. Amendment of Section S of Assam Act XII of 1948.—The entire 
Clause (i), including the Explanation below it, of sub-section (1) of Sec- 
tion 5 shall be substituted by the following, namely

“(i) 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 occupation 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 of 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. 
Tn no case, however, the aggregate area of lands so resumed from all his

 
 

 

 

 

 



adliiars taken together, along with any other land already held under per­
sonal cultivation by the landlord or any member of his family on the date 
of resumption, shall exceed an overall limit of 100 bighas;

(c) if the landlord is a minor, or a widow, or a person subjected 
to any physical or mental disability or a member of the Military, Naval 
or Air Forces of the Union, then it shall not be obligatory on him to leave 
a minimum area with the adliiar 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.”

4. Amendment of Section 6 of Assam Act XII of 1948.—The existing 
Section 6 shall be numbered as sub-section (1) of Section 6, and the follow­
ing shall be added as a new sub-section (2) under the same section, 
namely,—

“(2) Notwithstanding anything 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 for in sub-section (1) above, the money 
value of such crop computed in the manner prescribed.”