(1) Every Special Tribunal shall have power to try all cases arising out of any alleged act of land grabbing, or with respect to the ownership and t itle to, or lawful possession of the land grabbed whether before or after the commencement of this Act.
(2) The Special Tribunal may, either suo-moto , or on application made by any aggrieved person or any office r or authority, take cognizance of and try every case arising out of any alleged act o f land grabbing, or with respect to the ownership and title to or lawful possession of, the land grabbed, whether before or after the commencement of this Act and pass such orders (including orders by way of in terim directions) as it deem s fit .
(3 ) T he Specia l T ri bunal, fo r th e p urp ose o f tak in g cogn iz ance o f th e cas e, consi der th e lo ca tion , o r ex te n t o r valu e o f th e land a ll eged to hav e been g ra bbed o r o f th e su bst an ti a l nat ure o f th e ev il in vo lv ed in th e in te re st o f ju s ti c e re qu ir ed an d an y o th er re le van t m at te r in volv ed in th e c ase :
P ro vid ed th at th e Spec ia l T ri bunal sh al l no t take cogn iz ance o f an y su ch ca se w it hou t heari ng t he peti ti oner or the aggrieved person, as the case may be.
(4) Notwithstanding anything contained in the Code of Civil A c , Procedure , 1908 and the Code o f Criminal Procedure, 1973 of 1 Act any case in respect of an alleged act of land grabbing or the o f j determination o f questions of title and ownership to or lawful possession of, any land grabbed, under this Act, shall, subject to the provisions of this Act, be triable in the Special Tribunal :
o THE ASSAM GAZETTE, EXTRAORDINARY ■ NOVEMBER 18,2011 2549 Pro v id ed th at i f in the op in io n o f the S pecia l T ri bunal , any app li cati on fi le d befo re it is p ri n ia fa c ie fr iv o lo us or ve xa tio us , it shal l rej ec t suc h ap pl icat ion with ou t an y fur the r enq uiry.
(5) The Special Tribunal shall, by notification to be affixed in the office premises of the Special Tribunal, offi ce notice Boards of the Deputy Commissioner’s office and the office of the concerned Circle office under whose juri sdic tion the land alleged to have been grabbed is situated , specify the fact of taking cognizance of the case unde r this Act. Such notifica tion shall state that any objection which may be received by the Special Tribunal front any person including the custodian of evacuee proper ty within the period specified therein will be considered by i t :
Provided that where the custodian of the evacuee property objects to the Special Tribunal taking cognizance of the case, the Special. Tribunal shall not proceed further with the cage in regard to such property :
Prov ide d also tha t th e Sp ec ial Tr ibun al sh al l cau se a no tic e o f tak ing cogn iza nc e o f the ca se un de r this Act served on a ny per so n know n o r b e li eved to b e in te re st ed in th e land ., a ft er a p re li m in ary en quir y to sa ti sfy it s e lf a bou t th e per so n li ke ly to be in te re st ed in th e la nd . A ny o b je c ti on re ceiv ed by th e S pecia l T ri bunal from any pers on w it h in th e pe riod sp eci fi ed will be c onsi dere d by it .
6 2550 THE ASSAM GAZETTE, EXTRAORDINARY. NOVEM BER IS. 2011 L
(6) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, it shall also be lawful for the Special Act 2 of 1974 Tribunal to frame charge and try all offences punishable under this Act, if in the opinion of the Specia l Tribuna l it is so necessary after delivery of its decis ion and order in the Civil liability where prima-facie it appears to the Special Tribunal that a particular person or a group of persons are responsible for commission of an offence of land grabbing punishable under this Act.
(7) Every finding of the Special Tribunal in a trial under this section with regard to any alleged act of land grabbing, ownership and title to, or possess ion o f the land grabbed shall be conclusive proo f o f the fact of land grabbing, and of the persons who committed such land grabbing, and every Judgement of the Special Tribuna l with regard to the determination of title and ownership to or lawful possession of any grabbed land shall be binding on all persons having interest in such land.
(8) Every case under sub-section (I ) shall be disposed of by the Special Tribunal as far as possible within a period of twelve months from the date o f institu tion of the case before it and a proceeding under sub sectrion ( 6 ) shall be disposed of as far as possible within a period of six months from the date of framing of the charges against the person or persons responsible for alleged commission or abetment of the offence punishable under this Act.
THE ASSAM GAZETTE. EXTRAORDINARY, NOVEMBER 18.2011 2551
(9) It shall be lawful for the Special Tribunal to pass such order as it may deem fit in the interest of just ice. It may award compensation in terms of money for wrongful possession of the grabbed land which shall not be less than an amount of equiva lent to the market value of the land so grabbed as on the date of the order and the profits accrued from the land, payab le by the land grabber to the owner o f the grabbed land and may direct redelivery of possession of such land to its rightful owner. The amount of compensation and profits, so awarded and cost of redelivery, if any, shall be recovered as an arrear of land revenue in case the Government is the owner, or as a decree of a Civil Court in any other cases. It may also impose such punishment to a land grabber for Commission of any offence pun ishable under this Act.
Special 9.
Tribunal to have the powers of the Civil Court and the Court of Session.
Save as express ly provided in this Act, the provis ions of the A <.
Code of Civil Procedure, 1908 and the Code of Criminal 1908 and Act Procedure, 1973, in so far as they are not inconsistent with 2 of the provisions of this Act, shall apply to the proceedings ^7 4.
before the Special Tribunal mutati s mutandis and for the purpose of the provisions of the said enactment, Special Tribunal shall be deemed to be a Civil Court, or as the case may be, a Court o f Session and shall have all the powers of a Civil Court and a Court of Session and the person conducting a procecut ion before the Special Tribunal shall be deemed to be a Public Prosecutor.
k IHE ASSAM GAZETTE, EXTRAORDINARY, NOVEMBER 18,2011 Procedure to be followed by Special Tribunal