(a) to the Assam Board of Revenue from original order of the Deputy Commissioner or the Settlement Officer, within 60 days of the order appealed against ;
(b) to the Deputy Commissioner or the Settlement Officer, within 30 days of the order appealed against, from orders passed by any Revenue Officer subordinate to him, even if the latter was exercising the delegated power of the Deputy Commissioner or the Settlement Officer when passing such order.
1. Ins. by Assam Act No. XVIII of 1974.
26 1[ (2) The appellate order of the Assam Board of Revenue, the order of the Deputy Commissioner or the Settlement Officer when to appeal is preferred, the appellate order of the Deputy Commissioner or the Settlement Officer, the order of the Revenue Officer including order passed by him in exercise of delegated power of the Deputy Commissioner or Settlement Officer when no appeal is filed shall be final.]
Jurisdiction of Civil Court.
68.
Except as provided in Sections 66 and 67 the Civil Court shall have jurisdiction in all suits between landlord and tenant as such.
Power to modify Civil Procedure Code in its application to landlord and tenant suits.
69. (I) The State Government may, from time to time. make rules consistent with this Act declaring that any portion of the Civil Procedure Code, 1908, shall not apply to suits between landlord and tenants as such or to any specified classes of such suits or apply to them subject to modifications specified in the rules.
(II) Subject to any rules made under the foregoing section and to the other provisions of this Act, the Code of Civil Procedure, 1908, shall apply to all such suits.
Delegation of Powers.
70. The State Government may, by notification in the Official Gazette, invest generally or for special purposes and with such restrictions or conditions as it deems fit, -
(a) any Revenue Officer or Assistant Settlement Officer with all or any of the powers of the Deputy Commissioner or the Settlement Officer ; and
(b) any Settlement Officer with all or any of the powers of the Deputy Commissioner for the purposes of and under this Act.
Penalties. 71.
Whoever--
(i) wilfully fails or neglects to comply with any requirements made of him under this Act, or
(ii) contravenes any lawful order passed under this Act, or
(iii) obstructs the Deputy Commissioner or the Revenue Officer or any Officer authorised by him in taking any lawful possession under this Act, or
(iv) willfully contravenes any provisions made in this Act or Rules made thereunder, or
1. Ins. by Assam Act No. XVIII of 1974.
27
(v) furnishes information which he knows or believes to be false or does not believe to be true, shall, on conviction before a Magistrate, and in addition to any other action that may be taken against him, be punishable with imprisonment which may extend to 6 months or with fine which may extend to one thousand rupees or with both.
Protection of action taken in good faith.
72.
No suit or proceeding or other legal proceeding shall lie against any person for anything done in good faith in pursuance of any of the provisions of the Act or the Rules or orders made thereunder.
Power to order production of documents, etc.
73.
The Deputy Commissioner, may, for the purpose of this Act, require any person to produce any documents, paper or register which is in his possession or under his control, or to furnish any information which he may think necessary for the proper discharge of any duties under this Act.
Power for enforcing attendance, etc.
74.
Any officer, or authority holding an enquiry or hearing an appeal under this Act, shall have the power of a Civil Court under the Code of Civil Procedure, 1908 in respect of,-
(a) enforcing attendance of any person and his examination on oath ;
(b) compelling production of document ; and
(c) issue of Commission.
Power to make rules.
75. (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of the Act.
(2) Every rule made under this section shall be laid as soon as may be after it is made, before the State Legislature while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislature agrees in making any modification in the rule or that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Repeal and Saving.
76. (1) The Assam (Temporarily Settled Districts) Tenancy Act, 1935 and the Assam Adhiar Protection and Regulation Act, 1948 are hereby repealed.
(2) Notwithstanding such repeal ;
Assam Act.
III of 1935 Assam Act XII of 1948.
28
(a) any rule made, any order issued, any notification published, any proceeding commenced, any action taken, or any thing whatsoever done under the Acts repealed, shall continue and be deemed to have continued and have effect as if made, issued , published, commenced, taken, or done under the provisions of this Act ;
(b) any action taken, order made, or other acts and things done by any officer acting or purporting to act under the Acts repealed shall be valid and shall be deemed always to have been valid and shall not be called in question in any Court on the ground of incompetency of the Officer to act under the Acts repealed