THE ASSAM ADHIARS PROTECTION AND REGULATION (AMENDMENT) ACT, 1952

:) stern gal and 1m E x· Act, 1910, 23 (2) Whoever as aforesaid- (a) taps or draws tari from any tari producing tree ; or (b) bottles any tari or pachwai for purposes of sale; or _' c) imports, exports, transports, manufactures, possesses or sells any tari or pachwai ; shall Le punished with imprisonment which may extend to six months or with fine or with both." ASSAM ACT XVI OF 1952 THE ASSA1-f ADHIARS PROTECTION AND REGULATION (AMENDMENT) ACT, 1952 (Passed by the Assembly) (Received the assent of the Governor on the 17th October, 1952) [Published in the Assam Gazette, dated the 29th October 1952] An Act to amend the Assam Adhiars Protection and Regulation Act, 1Y18 Whereas it is expedient to amend the Assam Adhiars Assam 1\ct Protection and Regulation Act, 1948, hereinafter called the XII of 1948. Principal Act, in the manner hereinafter appearing ; It is hereby enacted as follows:- •Short- title, 1. ( l) This Act may be called the Assam Adhiars Pro­ . and tection and Regulation (Amendment) Act, 1952 . commence- ment, · (2) It shall have the like extent as the principal Act, (3) It shall come into force at once. Substitution 2. In section 3 of the principal Act- · , o.f sub-sec- (a) for sub-section (1) the following sub-sectiqn shall be • tton. (1) of substituted namely- sect:on 3 of ' · ' Assam Act "(1) Notwithstanding anything to the contrary con- _XU.of 1948 . tained 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 relin quishes the land or is ordered by a Re>!enue Officer under section 5 to cease to cultivate and '-'acat<> the land or is evicted ·therefrom in execution of a valid order of the . Rev,enue Officer." ; • • I 2:4 " Amendment (b) in sub-section (2), the words ''or to ·let · it out for o_f su(h 2 ·)sec-f cul.ti.vation· to some othen person" shall be <:leletl!d• tlon o rsection 3 of Assam Act XII of 1948 . Substitution 3: For. section 4 of the principal Act, thle following shall of section 4 ·be substi~uted,. namely- of Assam Act XU of 19,8. "Power . to 4. If any person cultivating any land as an adhiar put adhu:r during the preceding agricultural year is prevented by a tn possess10n l dl d I · · · · " 1 · of the land an or or any person c a1mmg supenor Interest rrom cu tl- i f illegally vating such land in . the subsequent year, the Revenue ousted and Officer may put such person in possession of the land and to award may also awara compensation realisable from the landlord compensa- h · 1 · · · · h b tion. or t e person c armmg supenor mterest, as t e case may e, . not exceedin~ R s.200. in a.ny individual case i'n tl:e manner prescribed." Insertion. of 4. ( l) After. secti tm 6 of the principal Act, the follo wing new sechons shall be inserted as sections 7 and 8 namely- · ro A~m ' Act XII of 1948. "Receipt for 7. (i) Every adhiar, on delivery to the landlord, the the crop. latter's 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 counter­ foil ofthe receipt ~igned by the adhiar or his duly· authorised agent. (iit) The receipt and the counterfoil shall contain a description. of the land f0r which crop is delivered, the total quantity of the crop due .from the adhiar, the quantity deli­ vered 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 landlord's share of the crop due from the adhiar up to the date on which the receipt is given, Penalty for 8. When a landlord or his agent, without reasonable om!ssion to cause, fa•ils to delilver· to the. adhiar: a receipt as required by dc:hver re- sectionr 7, a R evenue Officer, on proceedings under this ce•pt. section, ailiter makiqg such· enquiry as he may deem neces- sary, order the J.aridlord · to pay as penalty a . -swm not e:x:eeeding fifty rupees for eaeh default, and may, in his discretion award to the: adhiar as compensation ·such portion of; the penalty as he tninks fit." (2') The existing sQctions 7, 8, 9, 10, 11 · and 12 shall. be renumbered as rsections 9, 10,. 11, 12, 13 and 14 respec­ tively.