Amendment status not verified — confirm the current text below against the official source.
A m endm ent o f section 5 o f A ssam Act XU 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 ; (Hi) 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” .