AAPR Act 5

Section 5 · [ Power to order adhiar to cease to cultivate adhi land and to eviction certain grounds. [Substituted by Assam Act XI of 1957.]

(1)

Subject to the provisions of sub-section (2) below, an Adhi Conciliation Board may, on application of a landlord and after due 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 there from in the manner prescribed :-

(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 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. In no case, however, the aggregate area of lands so resumed from all his adhiars taken together, along with any other land already held under personal 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 Force of the Union, then it shall be obligatory on him to leave a minimum area with the adhiar 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]

(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.]

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