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Section 47

The Assam State Housing Board Act, 1972State Act of Assam · Act 1 of 1974

(1) Where by the making of a housing scheme, any plot compris~d in the area included in the scheme are reconstituted or any person is dispossessed, any person affected by such reconstitution or dispossession may apply to the Board for compensation. The Board may, after making such inquiry as it thinks fit, decide whether the applicant is entitled to any compensation and if so to what extent. If the person is dissatisfied with the decision of the Board in the matter, he may ~nform. the Board accordingly. The Board shall there­ upon refer the matter to the Tribunal.

(2) The Tribunal shall then after making an inqui-· ry determine the amount of compensation and direct the Board to pay the same to the person entitled.

24

CHAPTER V TribunaL Constituton 48. (1) Notwithstanding anything contained in thecen•ral Act I, of a Tribu Land Acquisition Act, 1894 the Government m~y cons- of 1894· nal for cer • titute a Tribunal for the purpose of performing the __,.-- tain purpose functions of the court with reference to the acquisition of land for the Board under the said Act, for deciding ~ disputes relating to levy or assessment of betterment charge and for deciding such other matters as may be prescribed. ~

(2) The Tribunal shall consist of one person only who shall be a judicial officer not below the rank of District Judge or possessing qualifications to be ap­ pointed as a Distrii.ct Judge.

(3) The Tribunal shall have the same powers as are Central Act · vested in a Civil Court under the Code of Civil Proce- V of 1908.

dure, 1908.

Officers and Board on 49. The Tribunal may, with the previous sanction cmplo~es of. of the Government, appoint such officers and ~mplo- ~h• Tribunal . "d f · "t b · yees as it cons1 ers necessary or carrying on 1 s us1- ness, and the remuneration and other conditions of services of such officers and employees shall be such as may be prescribed.

Paymentsby 50. The amount -necessary for the payment of re­ Tc~bunt 1 of muneration, salaries, allowances and other contribun una · tions payable to the Tribunal and the ofncers and employees of the Tribunal shall be paid out of the funds .of the Board, wd.th the prior approval of the Government.

Appeals from 51. (1) Notwithsanding anything to the contrary in Central Act ~~fu~~al. of the Land Acquisition Act, 1894 the award of the Tri- 1 of 1894.

bunal in relation to the acquisition of land shall be deemed to be the award of the ,court under the said Act. c

(2) Any person who does not agree to the amount of the compensation awarded by the Tribunal for the o l~nd ac.quired for the Board under the Land Acquisitiont Atcht, 1894 art.to the tperfsonhs to whom ii .iis payable ~e0~tr~~~c or o e appor 10nmen o i e compensation among those persons may, within sixty days from the date of the award of the Tribunal prefer an appeal to the Gauhati High Court:

Provided that the Hiigh Court may entertain the appeal after the expiry of the said period if it is satis­ fied that the appellant was prevented by sufficient· cause from filing the appeal in time.

- 25 Awards ~d 52. Every award of the Tribunal and every order orders of Tribunal "b f h t f f t'o be executed by made by the Tn unal or t e paymen o money, or Civil Courts1 the deliYery of possession or removal of any structure shall be enforced by the Assistant District Judge's Court having jurisdiction over the area in which the land concerned in the proceeding of the Tribunal is situated as if it were the decree of the said Court.

Appointment of competent authorities.

Power to evict certain persons from Buard pre· mises.

CHAPTER VI Power to evict persons from Board premises 53_. The State Government may, by notification in the official Gazette, appoint an officer who holds or has held office which, in its opinion, d.s not lower in rank than that of a Deputy Commissioner or an Exe· cutive Engineer, to be the competent authority for performing the functions of the competent authority under this Chapter in such area, or in respect of such premises or class of premises, as may be specified in the notification, and more than one officer may be appointed as competent authority in the same area in respect of different premises or different classes of premises.

Where this provision sits

ActThe Assam State Housing Board Act, 1972
Section47
JurisdictionState of Assam
StatusIn force as published by the source

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