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The Assam State Acquisition of Lands Belonging to Religious or Charitable Institution of Public Nature Act, 1959

State Act of Assam · Act 9 of 196126,648 characters of text

The enactment

TypeAct
CitationAct 9 of 1961
Year1961
JurisdictionState of Assam
StatusIn force as published by the source
TextPublished as one document, as the source published it
Subjectsproperty, family

Full text

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

56 C. In the case of every Company-

(a) The total income of which does not exceed Rs.100,000 .

On the \\hole of total incom

(b) The total income of which exceeds Rs.1,00,000.

On the whole of total income P1ovided always that- Thir ty-four Nay e Paise in the rupee .. . Thir ty-eight Na ye Paise in tl:e rupc:~ (i ) no agricultural Incomc·1 ax shall be payable on a total Agricultural income whish does not, exceed Rs 3,000; and

(ii) the Agricultural Income-tax payablt: shall in n':> case exceed half · the amount b y wbch the total Agricultural income exceeds Rs.3,000.

ASSAM ACT No.IX OF 1961 '~'he Assam State Acquisition ot Lands Belonging to Religious or Charitable Institution of Public Nature Act, 1959 Received the assent of the Pre~idcnt Oil the 2nd April 1961 [Published in the Assam Gazette, Extraordinary, dated the 12th Appril 1961] An Act to provide for the acquisition by lhe Sta le of lands belonging lo religious or clwrilable inslitulions of public nature.

Preamble. vVhereas it is expedient to acquire the lands belonging lo religious or charitable institutions of public nature in lhc Stale of Assam in the manner h ereinafter appearing ;

It is hereby enacted in the Tenth Y car of the Republic of India as foll ows :- :~~;1~ ti!l:d 1. (1) This Act may be call ed the Assam Stale eomru.ence· Acquisition of Lands belonging lo Relig ious or mcnt. Charitable Institution of Public Nature Act ,

1959.

Definitions I 57

(2) It extends to the whole of Assam.

(3) It shall come into force on such date af the State Government may, by notification in the official Gazette , appoint.

2. In this A~ t, unless there is anything iepugnant in the subject or c1· ntext,-

(a) "Agri ultural year" means the year com- , mtn.:ing on the fin-t i,iay ot 'Bor.ag' or 'Ba i ~akh' ;

(b) ' 'Dt·ptJty C 1· mrni sio ner" means De;iuty C0m· mi>sic·ner of the di strict in which the land in qu(stil.n is situate, and inclu d th~ A cl dit;onal Deputy Com­ n,is ;ioner ;

(c) "Encumbrance" in rela1ion 10 an y land under t[1i' Act does not i .1 ch de the rig hts of a raiyat or agricultural or non· agricu!LUral tenant ;

( d) f he Head of a rc'ligous or ch 1ritahle insti­ tution in so far as it reL.1 cs to the irutitution shall me<>n a perso ~ , by whatever cesignation known in whom the contro l and m a nagement of the ptopenies of 1ha1 institution is ve; tcd whe ther unrkr 1he terms - Ot' any enactment or f!;Ta•, t or us:iges relating to thi~ i 1' stitu '. ion er any schr m e of man·~ gernc ,1t framed by a C0urt under section 92 of the Code of Civil Pro- Act v of cedure, 1908 ; 1908.

(e) "lnstitu· ion" means a religious or charitable institution of public natU1e ir;c:luding its branches, if any. established pri··r to thf: commencement of this Act a1 d exis1ing at the date of such con men<ement;

( f) "Religiu l!S Institution'' means an institu1io11 the primary purpo~e of ''hich rdates rxc ludvelv to rtlig :ou< teachine-s[or \.\OJkship or adv:mcement cf relig on irrespective of d enomination ;

(d "Charitable Ins :itut'on" means an institution for c h1ritable purpo'e in ci t. ding rdil"f ot the poor, education, mrdical relief a nd advancement of a"y other vbject of 0ublic utili1y, but does not includ::

a purp: se which relates exrlmively to rdigir:us teaching or 1-AOr~hip er advancement of religion ;

(h) "Relig iom or Charitable Jnstitutions of Public N •ture" shall include S .ttras, · Mat t,s, nublic temples, public Wakfs (that is to say. Wakfs oLl;er 1Lan Wakf ·alal-aulad) including public Mosques and Durgabs, Cur lwaras, churches or similar institutions or endow.

ments for public purposes of charitable or rcI ·gious nature ; ·

(i) "Pre~ciibed" means prescribed by the ru '. es made under this :\ct ; a nd

(j) "Tena nt" m e;;n; a person ~ho h Jlds la ·d under another pe1son and is, or but for a special '-'Ontract would be, ];able to pay rent for that land to that 01her person and indudes a · person who cul· tivates the land of another puwn on cor.dition of delivering a share of the p1 oduce.

' ' '.Notification of acqui;i­ t:on.

58 CH\PTER II

3. (1) The State Government may, from time to tirr.c by notification in the official Guette ( C( a e that all rio, hts in land belonging to a Religi "u, or Chartitable Institution of Public Na1u~e shall vest in the State free from all encumbrances, with effect from the first day of the agricultural year next .following the date of publicalion of such notifi ­ cation .

(2) A copy of the . aforesaid notification shall be served on the Head of the religious or charitable insri.tulion in the manner prescribed and furtber. H shall be published in the offices of the Deputy Commissioner, Subclivisional Officer anct me Circle · Officers within whose jurisdiction foe lands arc situated and also in the premises of the religious and the charitable Institution concerned.

(3) The publication of the notification in the official Gazette and the serYice of the sam e as provided under sub-sections ( 1) and ( 2) res­ pectively shall be conclusi,·e · c,·idence of due publication thereof and of notice to all persons affected by such notification.

Consequence 4. ( 1) No twithstanding anything to the con-· of the no t1fi- trary in any law for the time being in force or cation. any custom or any agreement or . contract.

express or implied, on the. publication of lhP notification under Section :1, all rights, title and interest in the lands of a religious or charitable institution with the subsoil (including the right'> in mines, minerals. fisheries, tanks. wells.

forests, grazing resen·es, hats, bazars, roads and fctries) shall cease and such lands including such rights shall vest absolutely in the State free from all encumbrances with efTect from the date specified in the notification.

(2) No claim or liability enforceable before the date of publication of notification against the i-nstitu tion for any money which is se.cured by a mortgage or charge on the lands belonging to such institution which has vested in the State, shall be enforceable against the inte rest of the institution but lluch claim and liabilities shall be enforceable only against the compensation money payable :mder this Act.

(3) All suP~ md proceedings and any orders of attlll~ltlt in respect of such lands 59 belonging to the institution in connection with recoYery of any money as m entioned in sub· section ~2) which may be pending on the date nf vesting shail be dropped and shall cease to be in force.

rt~'.~;~;e~ ( ss~~- 5 .. Notwithstai;<li~g anything contain?d in sub­ sion ot Janj section (1) of Section 3 and sub-sect10n (1) of af1cr acqui- Section 4, a religious or charitable instilution sion, (including its indi Yiclu al branches, if any) shall, with efiect from the elate of vesting, be entitled to retain possess ion of- Ta ·ing po ;­ sess1cn.

(i) free of revenue, all such lands which on or before the last day of Chaitra, 1365 B.S. were in the ownership of the instilution and were · actually occupied by il by constructing buil­ dii1gs and raising -orchards and nower gardens toge ther with the compound appurtenant thereto and all iands reserved for the r esident devotees for residential purposes :

Provided that the right of mYnership or posses­ sirm uf such lands shall not be transferable or a liennblc ;

(ii) tea gardens lan d :

Provided such lands shall be liable for assess­ ment to full revenue rate under any exi'S!ing law.

fl . The Deputy Commissioner may, at any time after the hnds of an institution have vested in the State, proceed to take possession thereof, and ma,v for that purpose take such steps as may be necesr;ary :

ProYided that nothing contained in this sec­ t ion shall be deemed to authorise the Deputy Commissioner to take possession of lands and buildings mentioned in Section 5.

C'o·1 pen°a- 7. Every r plig ious or charitable institution 1h~ ~ h . whose lands h ave bPcn acquired unuer t e prov1- ~: {)nS of this Act shall be paid compensation which shall be detei·mined on the principle here­ inafter descriped.

, 60 Princip '~s of 8. ( 1 ). T h e gross income of the lan d of relig ious t deter1rmna - or charitable institution which has be<'n acquired :0. 1 o com· .

uensatioa under t h is Act shall be com puted by takmg the an the mm- gross annual income from rent, fisheries, forests, rl<r of p11.y- hats bazars fer r ies roads, graz ina r eserYes, tnea t , ' ' • n ' mines and m inerals for the agr icullural year preceding the ela te of notification under Sec­ tion 3.

Explanation.-For tl1e purpose of calculation ~t gross annual income from rents d an inst itu­ tion, a ll arable lands, tenanted or fallow and homesteads belonging to such institution, shall be assessed al the prevailing ra te of rent or ·cvc nuc whichever is higher for similar land ,n the neighbourhood and n0arest lo it and t he : o t~i l amoun t for lhe pre,·ious year thus arriYccl ,1 t w ill be the gross i~ come from rru le .

(2) From the avC'rage gross income so com­ pu ted shall be deducted the an,rna l aP10un t which wa1; payable hy tbe religious or cha:·itablc iu-ti­ l ution for the agricultural year pre;::eding the date of n otifi cation under Section 3, as land reYc­ nue, cess, royalty, municipal tax, chaukidari tax, agr icultural income-tax or any tax levied by the Sta te and Central Gm·ernment, or rent to superior landlord in respect of the land acquired.

(:-1) A fu r ther amount shall be deducted from the gross income hs lhc cost of management at the ra tes giYen below ;-

(a) On the first Rs.5 .0GO of gr oss income ...... .

(b) On th e next Hs.5,000 of gross income . ...... .

( c ) On the balance of gr oss income . . .. . ...... .

Rate No deduction.

At fi1·e per cent of the gross in­ come .

At ten .p er cent of the gro15s in ­ come.

( 4 ) T he balance remaiAing thereaitcr sh all be treated as the net income.

(5) The ne t income th us arriYccl at shall he ~aid in cash a nnually af· pe rpetu~l ::is com~cnsn­ tH'm to the Head of lhc insti tut ion for the lands .tcquired under this Act :'

Ad-interim comp~n,a ..

tio1 1• 61 Proyfrled that if any person is ent itled to a share of the income of any institution or to a lump-sum allowance, under the terms of any grant or cndcm·ment rC'lating to that ins titution, 1h en he shall be paid an equiYalent share out of the perpetual annuity or a lump-sum allowance lo be determined in the manner prescribed :

ProYided further that the. Jump-sum a llowance so de1e •·mined shall bear as nearly as possible tlw s ~n: e ratio to the perpetual annui ty as the nllowaPce drawn prior to the acquisitio n bears lo the ne t income as defined in this section .

fl. Pending investigation and final determina­ tion of compensation, an ad-inter im payment in cash not exceeding 75 pci' cent of the probable ;unount of compensation may be made after a preliminary C'nquiry on the execu tion by the claimant of an indemnity bond and such (!([ -int erim compensation sh all be deemed to ,be part of the compensa tion µa yable under this Act :i nd s:1aJI be declue lccl from and adjusted aga inst it :

Provided that interest at the rate of 2~ per cent per annum shall b e payable on th e bala nce of compensation remaining unpaid after six months from t he date of ::icquisition of the lands.

Option. of 10. " The re there is any building or s tructure removl'ig or crop on the land , which have vested in the b·uld1n"', e tc. S l f . .

on J~nd • tate the owner , t 1erco . shall be gIYen the opt10n vested in the of removing it within the prescribed period and State , if h e fai ls to do so within the said period, it sh a ll be sold in public auction a nd the sale proceeds nf ter deduc tion of the -cost of auction, if any, shall be pa id lo him.

Ciaims for compen >a .

ti on.

Arrer of revenue , etc.,to be ded •Jcte1 tr m com .

P 'r.sation.

11. EYcry r cli.gious or charit ab le insti. tut io n whose right s in laPd haYc been acquired by the State Go,·e rnment sh all prefer· claim for com pen ­ ~ a tion before the Deputy Commissioner " "ithin 30 days from the da te of acquisition of such rights, and ihe Deputy Commissioner shall dis­ pose of the claims accor d.ing to the provisions of th is ,\ ct.

12. Where th ere is a ·1 '. a rrc•ar of revenue, local ra te, cess or other clues lawfully payable to the Sta le or Central G1n·ernmen1,. hy a r eligio us or c1rnrilablc ir. sWuti1 ' 11 wh ose l:inds haYe bc nn <':::qui red unr 'er thi ; Ac.:t, the Depu ty Corr:missio­ n er may order that it shall b e r ealised , without Claims to creditors.

62 prejmllce to any-' other mode of recovery, by clecluctiJn from the compensation money in one or more instaimenls, and the Deputy Commissio­ ner , or any other officer authorised in this behalf shr.] thereupon deduct lhe amount so ordered, unless it is found to the satisfaction of such oflicer that the amount bas since been recovered in flny other manner :

Prm<deJ that such rcccl\'ery shall not reduce th~ amrmnt of c~ .mpensation by more than 25 per cent of the to td amount of annual compensation payable.

13. ( l) \Vhere any land acquired under this Act is subject to a mor tgage or charge, the credi­ tors shall within 30 days from lhe date of acqui­ ~;ition, prefer a claim in \\Tiling before the l)rputy Commis~;ioncr or any other officer au tho­ risc'cl in th' s behalf. who shall thereupon proceed \Yit 11 aml dispose of the claim.

(2) The creditor shall be paid out of the compensation money to llw extcnl 0f the claim t'slahlishcd under suh-;,ection (1).

(3) \Yhc"C tlwr e are more 1han one credi­ tor. payment to them shall be made in the order of prioritv determined by s11ch officer.

( 4) Payment to the creditor mav be made in one or more instalments but in no case shall the annual amount of compensation payable to an institution fall bclo\Y ()0 per cPn~ o!' the nnnu itY determined by such ofiicer after deduc­ tion of arrears of reYcm1e, if any, und er Section 12.

, ( 5) In case of anv dispute as to the person or pcrs rms '"ho arc cntitlctl to be paid out of the con1ne11sation money under the preceding sub­ ~;cction;, , the iimount· shal1 h' ~tent in deposit in Goven1ment Treasury. ard the dispul~ shall he referred to the, CiYil Court of compelci1t jurisdic­ tion, ar•d the amount shall then be paid in terms of the final decision of the Court.

Appeal. 14. An rippeal agains'. 1·,e order of l'le Deput~· l,ommi~·sione r or any c iher officer authorised in ; hi<> be11alf under Sections 11 awl 1 '3. shall. if nrcferr<'d within 30 davs of the order, excluding : 'lP pe- iod required fo:· obl ining t'. ~ copic of the saicl order, lie to the D•~t:<ict Judge. The decision of the District Judge or the order of the Deputy Commissioner or a ny other officer a utho­ rised in this behalf. when no appeal is preferr ed , shall be final.

:-i ~·tbHent of 1 .J . Subj ect lo the Hmitation prescribed u nder acqu ired Secti ou 4 of the Assam Fixation of Ceiling on lar,d. wi•h Land Holdings Act, 1 \H)6 where the hnd acqu ir ed }J Cf!O~H iu o. cnp ::Hion. u nder this Act is in occupation of a raiyat on th e date of notification under Section ;), it siiall be settled wi th him, with ·the following status. :-

(a) if he has acquired the status of a pri;vileged rai~·a t under the Assam (T<'mporarily-Settled Di stricts) Tenan­ cy Act, 1935 then - the land in his holding as privileged raiyat shall be settled with him with the stalus of a landholder as defined in the Assam Land and Revenue Hegula­ tion, 1886 and he shall. upon such settlement he absolved from th<' obli­ gation, if any. of rendering srn·ices or making payment of " bhog" to the institution concerned in Tcspect of his holding:

Proyfr!ed howeYer that notwithstanding any­ thiug contained in the Assam· Land and Revenue Regulation., 1886 h is right of transfer of such h olding· shall extend onlv to persons belonging to the sam e religion as the institution in which the ow ner ship of the land was vested before the date of nolificatiou under Section 3 of this Act ;

( b) if 1 ~ has acquired !_he right of occu·· pa _ v under any law for the time being in force. then the land shall be settled wi th him with the status of a land-holder a > definc>d in the Assam Land and Revenue Regulation, 1886 Am m Act I ofl 9 17.

As ;am Ac t l I o f 1935.

R egula t ion I ot rns6.

R ·' f u 'at ic n , I of 18< 6, Regt lation lot 1886.

A<s< m Ac t I of 1920.

A~sam Act · or of an occupancy raiyat as deDned in thP Goalr ::ira Tenancy Jc!; , 1029 or the Sylhet Tenancy Act , 19:~6, as the case m ay be ;

XI of 1936.

(c) if he has not acquired the status of a privileged raiyat or the right of occu­ pancy, then 1•, e land shal1 be settled with h im with the status of a settle­ ment-holder (other than the land-hol­ der) as defined in the Ai' ': '.lm Land and Re,·enue Regulat ion, 1886 or of a non-occupancy tenant under the ~ el!u ' .... tion I of 1886, 64 Goal para Tenancy Act, 1929 or the 'ssam Ac J ofl 929. Sylhet Tenancy Act, 1936. as Lhe case Assam Ac may he. xr of 1936.

Set tle m , nt o r" Ui. ( 1) \\'hl're the land acquired under th i.

un,,ccu p ed Ac t is not under the occupation of a raiyat on land . the date of notification under Section 3, it shall be at the disposal of the State Government for selllement \\·i th the categories of persons, rre­ fcn'nce be ing given in order of narration,- As<essmt;nt of rbe Jan i acqu ired.

(a) Culli \·a tor who has het'n rendered homeless due to ejection by the land ­ lurd or clue to Oood, erosion or carlh­ c1ual;e , within two years iwxt before the coming into operation of this Act.

{h) Co-operative farming society formed by lnndless actual cultivators .

(c) Landless cullirntors.

(2) The Deputy Commissioner or any other officer empowered in this behalf b_,. the State G·overnment ma_, .. for the purpose of settling any such land, eject , if necessary , any person in unauth orised possession.

(:-3) A tenant who is in occuration of an~r land acquired undrr Section :~ but who does not take settlement of such land, shall acquire no right, Lille and inl<' ·est in such land and sliaH lw li able to ejectmenl, '"i lhout prejudice to an.· olher action that may be taken under the relevant provisions of the .\.ssnm Land :rncl Revenue Rc'gulation, 1880 or anv other law fur the time Regu!.tion b C'i n g in force . l of . BIJ li.

J 7. Any land acquirccl under l his Act shall be l iable to be nsse,;sed to land revcmH' al full ren:­ nue ra te unde r the provis ions of the Assam Land and Revrnue Re,{ulation, 188ti or the Assam Land Revenue Re-assessment Act, Hl3G or to rent under the provisions cf the Go:-dpara T<>nancy Act.

19'.!0 o r the Sylhc t Tenanc_,. Act. l 93li , as the cnse may be, at the same full rate or rntes as are applicable to similar lands in Ilic neighbour­ J.i.ood.

Regula ion i of !e8>.

As• a TI ,\rt V ITI ,,( J 9.:6.

A•sarn Act I I f 19:l9, Ass l'tl ..\c t Submission l S Th I I l {' 1· · J "t l l · · of returns . c cac o a r e 1 g·JOv~ or c.rnn a) e 1nshthe H eaa s tu ii on shall. within th 1 ee m .Jn lhs fr >m 1. he date relig ous or of commencement of this Act submit to the . ch'.1rit~ble Deputv Commissioner a return' giving the parti- X I of 1956.

mst.iution. ., . f II h" l l . . , ·r 11 I cu 1ars< a is Hl1(SJnenl1m11 1;Sp ' c1 ·,,a · t1 n land (a) selecte1.~ for retcnti:.m under Section 5, Act - !9.

Act

36.

n 6S

(b) axea under occupation of tenants and (c) noC under occupation of any tenant.

Explanation.- Vnder (b) above, particulars of land under (i) privileged raiyat, (ii) occupancy raiy.at, (iii) non-occupancy raiyat shall be shown separately. Under (c) above, how the land uti­ lized ; or whether it is lying fallow shall be men­ tioned.

Collectio:i of 19. The Deputy Commissioner may obtain the mformat~on information required to be shown in the return thr•lugn t tl · ll f h · f · · otlicr agency. oge 1er w1 l any ·urt er m ormat10n as it may be necessary through an agency as he may fix or as the Gover nment may prescribe and select the area which a religious or charitable institu­ tion is entitled to reta.in under provisions of this Act as also the plot or plots in excess.

Submissio n of 20 . ( 1) Ou the basis of the information given statement to . . .

Government. m the returns under Sect10n 18 which shall be duly verified through such agency as may be decided by Go\·ernment or on the information obtained by the Deputy Commissioner under Sec­ tion 19, the Deputy Commissioner shall prepare a draft statement showing, among other particu­ lars, the t otal areas of lands held by a religious or charitable institution, the specific plots selec­ ted for retention with such institution and also the lands outside the permissible area of reten­ tion under Section 5.

(2) The draft statement shall be published in the office of the Deputy Commissioner, the SubdiYisional Officer, the Circle Sub-Deputy Collector and the Mauzadar, and a copy thereof shall be served on the Head of the religious or charitable institution, as the case may be, in the manner prescribed. Any objection received with­ in 30 days of the service shall be duly considered ])y the Deputy Commissioner and after giving the objector an opportunity for hearing , order shall be passed on these objections.

(3) Any person aggrieved by an order of the Deputy Commissioner, under sub-section (2) may, within 30 days of the order, excluding the period required for obtaining copies thereof prefer an appeal to the State Government. ___ 1 Appeal.

66

(4) Without prejudic,e to any action under sub-section (3) the State Government may, of its own motion call for any record relating to the draft statement at any time within 60 days of the order of the Deputy Commissioner under sub-section (2), and after giYing the Ilead of lhe religious or charitable institution concerned an or:.portunity of being heard pass such orders as deemed fit.

(5) Any order of the State Governm ent under sub-section (3) or (4) or 0f the Deputy Commis­ sioner when no appeal is· preferred under sub­ section ( 3) or revision made under sub-seclion ( 4) shall be final.

(6) The draft statement shall ' then be finally prepared in terms of the final order of the Deputy Commissioner or lhe State Governmenl, as the case may be, and republished in the offices mentioned in sub-section (2), and no person shall 1hen be entitled to question i t in any Court of Law.

(7) An authenticated copy of the final slale­ ment shall then be submitled lo the Stale Govern­ ment immediately on the publication thereof.

CHAPTER III Miscellaneous

21. ( 1) Any person aggrieved by an order under Section s· may, within :~o days of order, excluding the period required for obtaining the copies of the said order, prefer an appeal to the District udge.

(2) The decision of the District Judge, or the original order when no appeal is preferred, shall be fin.al.

Bar to iuris• 22. Except as otherwise expressly provided -in diction this Act. no decision or order made in exercise of any power conferred by or under this Act shall be called in question in any Court.

Pena1ties,

23. (1) Whoever-

(i) wilfully fails or neglects to comply with any requirement made of him under this Act. or

(ii) contravenes any lawful order passed under. this Act, or 67 ( L. R's Library] (iii )

(iv) obstructs or resists the taking by the Deputy Commissioner of any land which has vested in the Stale under this Act, or fu rnishes information "hich he knows or belieYes to be false or does not believe to be true shall, on conviction before a Magistrate, and in addition lo ariy other action that may be taken against him, be punishable with fine which ma:-.· extend to five thousand r upees.

(2) Any person who fails Lo submit any 1eturn r equired to be submitted under Section 18 shall be punishable wilh a fine which may extend to one thousand r upees.

Pr~tection or 24. No su it or proceeding or other legal pro­ ~cllont~k ~i~ ceeding sh all lie against any person for anything m goo a•t 1 • which · is in good faith clone or intended to b~ done in pursuance of any of the provisions of thi s Act, or any order made thereunder.

Th· legation of Powers. 25. Th e State Government nrn.:-.r, by notification in the offi cia l Gazette, delegate any of its powers or func tions under . th is Act, other than those specilled in Sec lion 3 and sub-section ( 4) of Section 20. to such officer or authority subordi­ nate to it. and subject to such conditions, restric­ tions and limi tations , as may be specified in the notifica tion .

P wer to 26. Subject to any conditions or restrictions 0 .rderfpdroduc·tha t m ay be prescribed, the Deputy CommissiO- oon o ocu- · f tl f h. A · . ments, etc, ne r m ay, or 1e purpose o t 1s ct , require any person Lo produce any documents, paper or regis ter which is in his posse~ion or under his control. or to fqrnish any information which he may th ink necessary for the proper discharge of any dut ies u nder the provisions of this Act or any rules m ade thereunder.

~fficers ho~d- 27. Any officer or auth'>ri'ty holding an enquiry 10 ~0ei~ueriesor h earing an appeal under this Act shall have Powe ,ave of the power of a Civil Court under the Code of Ciril Courts Civil Procedure, 1908 in respect of,- for enforcing a1tcnd3noe, etc. (a) enforcing attendance of any ancl hi s exaro :·1a li on on oath , person

(b) compelling production of documents , and Act V of 19'18.

68

(c) issue of commission.

Mode of re- 28. Any sum payable to the Government under covery of any the provisions of this Act may be realised as an amounts arrear of land revenue.

under th i11 Act R emol al of 29 . If any difficulty arises in g1vmg effect to di fficu lties. any provisions of this Act , State Government may, as occasion requires, take any action not incon­ sistent with the provisions of this Act which may appear necessary for the purpose of remo­ ving the difficulty.

Power to 30. (1) The State Government may, by notifimake R ules. cation in the official Gazette, make rules for carrying out the purposes of this Act.

(2) In particular , and without prejudice to the generality of the foregoing powers , such rules may provide for all or any of the following matters, namely :--

(a) the manner in which any nolice or copy of the draft statement may be served;

·(b) the manner in which the Deputy Com­ missioner shall exercise any of the powers under this Act ;

( c) the procedure and fees regarding appeal, revision/or any other procee­ ding under this Act :

( d) the agency through which the infor­ mation is to be collected unckr Sec­ tion 19.

(3) All rules made under this section shall be laid for not less than fourteen days before the Assam Legislative Assembly as soon as possible after they are made , and shall be subject to such modification as the Legislative Assembly may make during the session in which they are. so laid or the session immediately following.

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