Prt>amt.le.
Title, extt"nl, commencl" menr and duration.
Definition.
--- ASSAM ACT VII OF 1944 THE ASSAM DADANS ACT, 1944.
LPasst>d by thi- .\s~am Legisla1url"] (Recei\•ed the assent of the Governor on the 8th April 1944.)
lPublisbcd in the Assam Gazelle of thl" 121h April 191_.J . ..
An Act to gather information about, and sellle claims in respect q(, dadanr nr advances to cultiua lors on crops Wu~:l{F.AS il is expedient to provide by law that informat ion be furnished to Govern ment in respect of certain advances made to cultivators and receivers of rent in kind and for the method of disbursement of the p rice of certain food-gra ins purchased o;
rcquisilione<l f1 om such persons ;
I t is hereby enacted as follows:-
1. (1 ) This Act may be called the Assam Dadans Act, 1944.
(2) It extends to the whole of Assam, and, save as provided in section 3, shall come into force at once.
(3) It shall remain in force for two years ;
Provided that the Provincial Government may, with the approval of the Legisla t11rc, by notification in the official Gazette, extend its duration from time to time, for a period not exceeding one year on each occasion.
2. I n this Act, unless there is anything repugnant in the subject or context,
(a) "culi1vator" means a person who has land which he cultivates either himself or through labourers.
Explanation.-A person who bas a share in land which he cultivates eiFher himself or through labourers is a cultivator within the above. definition.
(b) "dadan" means any sum of money advanced under an agreement, in writing or as customary between the parties that such sum of money will be repaid by delivery or food-grams or adjusted against the price of food-grains to be delivered later.
(c) "Deputy Commissioner" means the Deputy Commissioner of the district in which a cultivator or receiver of rent in kind has his land.
Explanation.- For the purposes of this Act, Deputy Commissioner shall also mean and include the Subdivisional Officer, where there ha Su bdivisional Officer .
(d) "food-grain licensee" means a person in whose favour a licence issued under the Food-Grain:1 Control O~der, 1942 is in force.
(e) "food-grains" means any o[ the food-grains .specified in the First Schedule to this Act.
( f) "land" means agricultural land.
(g) "prcsc1·ibed" means prescribed by rules made u11dcr this Act.
(II) "receiver or rent in kind" means a person who, having let out to one or more r-ersons land or a share in land for which rent in kind is payable to him, either has or may reasonably expect to have as such rent not less than one hundred maunds of food· grains in one year. •
(i) "rent in kind" means rent payable in food-grain s.
Price 1 anna or l d.
Application.
2
3. The provision ol this Act shall not apply 10 food-~rains other than rice in the husk and rice husked unless the Provincial Governm1'nl, by notification in the ofticial Gazelle, extends its application to other food-grains.
Statements to 4. Every person who, being a food-grain licensee, 01 a money-lender reg.istered be furnished under the Assam Money-Lenders' Act, 1934 (Assam Act IV of 1934), has given any~ by food- d;idan to a cultivator or recei\·er of rent in kind shall, if such d:1dan w:is given before fi~~n~c"~ and the date on which this Act comes into force, within one month from such date, moue)- and, where such dadan has been given after the date on which this Act comes into _ t ... nders. force, within ten days from the date on which it is given, furnish, in Form No.l in Power to acquire other per sons to fur nish statemen ts.
the Second Scbcdulc to this Act, the information therein required.
5. The Deputy Commissioner shall, by publtcati n of noticr in such manner as he may determine (which notice need not be personally served on any person), require persons other than food-grain licensees or money-lenders registered undr•r the Assam Money-Lenders' Act, 19:!4 (Assam Act IV of 193'1), who have given dadan to a cultivator or rc:-ccivcr of rent in kind whether before or since thc:- commencement of this Act, to furnish within such time as he may by such noLict' appoint, in Form No.l in the Second Schedule to this Act, the information therein required.
Statement~ 6. Every person who, being a cultivator or a receiver or rent in ki11d, has teceived ti;ishhd . ~ur- any d<'1dan from any food-grain licensee or a money-lender regisu·rcd under the Assam ~~ itfvator! Money-Lenders' Act, 1934 (Assam Act IV of 1934), or other person, !-.hall, if such dfulan and receivers was received before the date on which this Act comes into force, within one month of rent i1. from such <la Le, and, where such dadan has been received after the <late on which this kind. Act comes into force,· within ten days from the date on which iL is received, furnish in Form No. 2 in the Second Schedule to this Act, the information therein required.
Explanatio11.- For the purposes of sections 4, 5 and 6, any monry paid as considera tion for the transfer or land or of any interest in land shall be deemed to be a dadan where the w1nsferor, being a cultivator or receiver of rent in kind, has remained i~ possession of the land. ,, Furnishinl{ 7. (1) Any statement required by this Act to he furnished by any person iihall be and rejection furnished to such officer as may be prescribed, and, subject to the provisions of sub of statt'mc:m. seccion (2), a statement furnished after the expiry of the time within which it is due shall hr rejccttd.
\2) Where an} such statement is furnished after the expiry of the time within which it is due, such officer may nevertheless accept it if he is satisfied that the default was not wilful or that 1t has been sufficiently explained, and his orders in this behalf shall be final. · Di.5bursc- 8. 'I he price or any food-~rain~ purchased from a cultivator or a tecciver of rent mcnt of in kind by the Provincial Government either through its officers or through agents pri~c of food- appointed for the purpose, as well as of any food-grains requisitioned from such persons ~ri~:i ~~r- by the Provincial Gdovcrn_ment under banydprbovisiond~f1 thc 1 Dde.fcbncc o1 ~ India Rules, requisiLioned shall, where the foo -grams arc encum ere y any ac an lC 1s urscc m the follow by Govern- ing manner: - meot. (a) Unc-half of the price shall, upon delivery of the food-grains, be paid to the cultivator or the receiver of rent in kin<l from whom it is purchased or requisilionecl.
(b) Out of the remaining half of the price, all persons who have any claim against th<" cultivator or the receiver of rent in kind on account ol'any dadan shall be reimhursrd to the t•xtent ol' tlie amount advanced, and, where the surplus is not suffi cient for the put pos<· of such n·imburscment, it shall be rateably d istributed amongst the claimants ii more than one in numbc-1 : ·
Provided ~hat no pot tion of the surplus. ~halJ b.e pa!d to any pc·:son who, being liable to furn1-;h a statement under the proVlstons of secuon 4 or scct10n 5, has failed to furnish such statement.
(c) The balance, if any, after all such disbursenwnts shall hr pnid to the cultivator or rt>reivcr of rent in kind from whom the food-grains are purchased or requisitioned.
Board\ of 9. (1) Notwithstanding anything contained in S<'ction 8, any person claiming the Arl>iLraror5, slll plu~ 01 any portion thereof, as well as any person tl1sputing such claim may, wit hi• 3 such time and in such manner all may be prescribed, apply for the appoinu_.,ent of a Board of Arbitrators ;
Provided that no such application shall be entertained from any person who, being liable to furnish a statement under the provisions of section 4, secfion 5, or seclion 6, has failed to furnish such statement.
Explanation.-For the purposes of this sub-section and of section 8, any person whose statement has been rejected under section 7 shall be deemed to have failed to furnish suoh statement.
• (2) On such application being made, the surplus shall not be disbursed, and a Board of Arbitrators shall be appointed and shall function in the manner prescribed.
(a) Subject to the provisions 0f section 10, the decision of the Board of Arbi trators shall be final and conclusive between the parties, and the surplus shall, upon such decision being made, be disbursed in accordance therewith.
Appeals from 10. (1) An appeal, if filed within the prescJ'ibed period and in the prescribed Boa~d of manner, shall lie against thf" decision of the Board of Arbitrators- Arbitrators. (a) to the Deputy Commissioner, where the amount of the surplus exceeds one thousand but does not exceed two thousand rupees, and
(b) to the Commissioner of Divisions, where the amount of the surplus exec.eds two thousand rupees.
(2) The appellate authority may pass such orders on the appeal as he thinks 6t ;
and such orders shall"be final and conclusive between the parties.
Punishment 11. Whoever, being liable to furnish a statement under section 4 or section 5, for fail~rc has wilfully failed within the timi; therein Jaid down to furnish such statement,· shall be to furnish punished with fine which may extend to two hundred rupees.
statement.
Punishment 12. Whoever furnishes a statement as required lby section 4, section 5, or section for false 6, which he knows or has reason to believe to be false, shall be punished with impri statement. sonmcnt of either description for a term which may extend to one year, or with fine which may exlend to one thousand rupees, or with both.
Power to 13. The Provincial Govcrnmenl may make rules for carrying into effect the provimake rulei;. sions of this Act.
Bar of civil 14. No civil court sh .. dl during the period for which this Act is in force entertain suits. any suit-
(a) against the Provincial Government or their agents or against a cultivator or a receiver of renl in kind, for any claim in respect of the disbursement of the price of food grains under section 8, or for any damages resulting from such disbursement, or for the recovery of any dadan; or
(b) questioning the decision of any Board of Arbitrators appointed under this Act or any orders passed on appeal from such decision.
Cognizance. 15. No court shall take cognizance of an offence under this Act except on a compl'lint in writing made by the Deputy Commissioner.
I v ".l'~o Y.. '""ts.
No.
- THI: HRST SCHEUULE (Stt Section 2(e) ) 1 Rio in the hu~k (paddy) 4. ~lasH{.
2. Rict· husked 5 )tfatikalai 3 Arhar 6 ~1ustanl i.ccd THE SECOND SCHEDULE (Sc. sections 4, 5 and 6) Foiu1 :\o.l .
\ Food-graius to be ddi\'ercd To whom ad .. -anccd i\rnOUDl ' -::id,-anced Name Quantity Name t\ddress ------- R~. a. p.
..
I \ I ! , ............................................... ron of ........ . .................................... 01 (village) ...... ....................................... P. S ........................................... declare that the above i:. a true and complete statement of all advances made by me.
Date Dy whom advanced No.
Name Address - FoR\I No.2 Amount advanced Rs. a. P· Signatu.re (or thumb impmsion).
Food-grains to be dcli,cred Remarks Quantity I, .. ......... .... . ..... ..... .......... ... .. . '""of ...... . .... •. .. .......... •......................... of (villa~c) . . • . . . . . . • . . . . . . . . . . .. . . . • . .............• P. S. . .. •..........•...•........•....• ...... ...... dccla<e that the above is a true and complete statement of all advances teccivcd by me.
Stgnat"rr (01 thumb impms1ot1) Datt A.G .P. (L.C.) :-;o 31-500 .HI 22·8-l9HI .
·J,o v .... ts.
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