Section 6

Section 6 of the Assam Dadans Act, 1944. Every person who, being a cultivator or a receiver of rent in kind, has received any dadan from any food-grain licensee or a money-lender registered under the Assam Money-Lenders' Act, 1934 (Assam Act IV of 1934), or other person, shall, if such dádan and receivers was received before the date on wh

Every person who, being a cultivator or a receiver of rent in kind, has received any dadan from any food-grain licensee or a money-lender registered under the Assam Money-Lenders' Act, 1934 (Assam Act IV of 1934), or other person, shall, if such dádan and receivers was received before the date on which this Act comes into force, within one month of rent in. kind. from such date, and, where such dádan has been received after the date on which this Act comes into force, within ten days from the date on which it is received, furnish in Form No. 2 in the Second Schedule to this Act, the information therein required.

Explanation .- For the purposes of sections 4, 5 and 6, any money paid as consideration for the transfer of land or of any interest in land shall be deemed to be a dadan, where the transferor, being a cultivator or receiver of rent in kind, has remained in possession of the land. Furnishing 7.

(1) Any statement required by this Act to be furnished by any person shall be and rejection furnished to such officer as may be prescribed, and, subject to the provisions of sub- of statement, section (2), a statement furnished after the expiry of the time within which it is due shall be rejected.

(2) Where any 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 it has been sufficiently explained, and his orders in this behalf shall be final. Disbursement of price of foodgrains purchased or 8. The price of any food-grains purchased from a cultivator or a receiver of rent in kind by the Provincial Government either through its officers or through agents appointed for the purpose, as well as of any food-grains requisitioned from such persons by the Provincial Government under any provision of the Defence of India Rules, requisitioned shall, where the food-grains are encumbered by any dadan be disbursed in the following manner :-- by Government.

(a) One-half of the price shall, upon delivery of the food-grains, be paid to the cultivator or the receiver of rent in kind from whom it is purchased or requisitioned.

(b) Out of the remaining half of the price, all persons who have any claim against the cultivator or the receiver of rent in kind on account of any dadan shall be reimbursed to the extent of the amount advanced, and, where the surplus is not sufficient for the purpose of such reimbursement, it shall be rateably distributed amongst the claimants if more than one in number :

Provided that no portion of the surplus shall be paid to any person who, being liable to furnish a statement under the provisions of section 4 or section 5, has failed to furnish such statement.

(c) The balance, if any, after all such disbursements shall be paid to the cultivator or receiver of rent in kind from whom the food-grains are purchased or requisitioned. Boards of 9.

(1) Notwithstanding anything contained in section 8, any person claiming the Arbitrators, surplus or any portion thereof, as well as any person disputing such claim, may, withis such time and in such manner as may be prescribed, apply for the appointment 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, section 5, or section 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 such 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.

(3) Subject to the provisions of section 10, the decision of the Board of Arbitrators 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 prescribed period and in the prescribed Board of manner, shall lie against the 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 exceeds two thousand rupees.

(2) The appellate authority may pass such orders on the appeal as he thinks fit ; and such orders shall be final and conclusive between the parties. to furnish statement. Punishment 11. Whoever, being liable to furnish a statement under section 4 or section 5, for failure has wilfully failed within the time therein laid down to furnish such statement, shall be punished with fine which may extend to two hundred rupees. for statement. Punishment 12. Whoever furnishes a statement as required by section 4, section 5, or section false 6, which he knows or has reason to believe to be false, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both. Power to 13. The Provincial Government may make rules for carrying into effect the provi- make rules. sions of this Act. Bar of civil suits.

Section 6, The Assam Dadans Act, 1944 (Act 7 of 1944).