(1) Save as otherwise provided in this Act, a Special Tribunal shall, in the trial of case relating to any alleged act of land grabbing, or with respect to the ownership and title to, or lawful possession o f the land grabbed, whether before or after the commencement of this Act, which involves civil liability, follow the procedure prescribed in the Code of Civil Procedure , 1908 and in the trial of cases relating to alleged Act 5 of 1908 offence of land grabbing involving punishment prescribed under this Act, follow the procedure o f the Code of Criminal Procedure, 1973.
(2) After- taking cognizance of a case under sub-section (2) of section 8, the Special Tribunal shall try and dispose of the civil liability at first and decide and pass order as to the tiitle, ownership and lawful possession o f the grabbed land whether before or after the commencement of this Act as it deems fit.
After completion of the civil proceeding, if the Special Tribunal decides and pass order that the land in question has been grabbed, the Special Tribunal may order that the possession of the land be restored to the perso n whose land has been grabbed after evicting the land grabber or any other person who may be in possess ion of the land, if necessary by use o f such force as may be required for the purpose :
Provided that execution of the order for restoration of the possession of the grabbed land shall not be made till expiration of the period of appeal provided under section 13 of the Act. If within a reasonable time after the expiry of the appeal period no order o f stay o f execution has been received from the Special Court or produced before the Special Tribunal by any of the parties to the case, the Special Tribunal shall proceed for execution of its order and simultaneously frame charge against the land grabber to prosecute him for the alleged act o f land grabbing :
Act 2 of 1974 i THE ASSAM GAZETTE, EXTRAORDINARY, NOVEMBER 18,2011
Provided further that in the event of preferr ing an appeal from the order of the Special Tribunal before the Special Court where stay of execution of the order has been made by the Special Court, the Special Tribunal shall not further proceed in the proceeding to prosecute the land grabber till final disposal o f the appeal by the Special Cou rt :
Provided also that after hearing the appeal, if the Special Court decides the appeal against the alleged land grabber, in that event charge for prosecution agains t the land grabber shall be framed by the Special Tribuna l and proceed with the criminal proceeding for prosecution of the land grabber.
(3) The evidence admitted during the civil proceeding may be made use of while trying the criminal proceeding in addition to the additional evidence adduced by the parties in the criminal proceeding.
(4) Any person, accused of land grabbing or the abetment thereof before the Special Tribunal, shall be a competent witness for the defence and may give evidence on oath in dispro of of the charge made against him, or any person charged together with him in the criminal p roceeding :
Provided that he shall not be called as a witness except on his own request in writing or his failure to give evidence shall be made a subject of any comment by any of the parties or the Special Tribunal or give rise to any presumption against him self or any person charged together with him at the same proceeding.
2553 i 2554 TIIE ASSAM GAZETTE, EXTRAORDINARY, NOVEMBER 18,2011 Burden of proo f Transfer of cases Appeal
(5) The Special Tribunal shall, before passing an order under this Act give to the land grabber an opportunity of making his represen tation or o f adducing evidence, if any, in this regard, and consider every such representation and evidence.
11. Where in any proceeding under this Act, a land is al leged to have been grabbed, and such land is p rima-facie proved to be the land owned by the Government or by a private person, the Special Tribunal shall presume that the person who is alleged to have grabbed the land is a land-grabber and the burden of proving that the land has not been grabbed by him shall be on such person.
12. Any case pending before any Court or other authority immediately before coining into force of this Act which involves any act of land grabbing, shall stand transferred to the Special Tribunal within whose jurisdiction the alleged grabbed land is situated.