(i) Where any person has been evicted from any public land under section 8, the Deputy Commissioner may remove or cause to he removed, or dispose of, by public auction, any property remaining on such land. (ii) Where any property is sold under sub-section (1), the sale proceeds shall, after deducting the expenses of the sale and the amount, if any, due to the. State Government, local authority, government company or corporation, as the case may he on account of arrears of rents, damages or costs, he paid to such person or persons as may appear to the Deputy Commissioner to he entitled to the same; Provided that where the Deputy Commissioner is unable to decide as to the person or persons to whom the balance of the amount is payable. or as to the apportionment of the same, he may refer such dispute to the court F competent jurisdiction for a decision thereon.
Powers of the Deputy Commissioner of 5, l9O8
11. The Deputy Commissioner shall, for the purpose of any inquiry under this Act, have the sa me powers as are vested in a civil court under the Code of Civil procedure, 1008 while trying a suit, in respect of the Following matters, namely (a) summoning and enforcing the attendance of an person and examining him on oath; (b) recurring the discovery and production of documents and (c) any other matter which may he prescribed Appeal. 12. (i) An appeal shall lie from every order made by the Deputy Commissioner under sub-section (i) of Section 6 or under Section 7 in respect of any Public Land to an Appellate Officer who shall be the Commissioner of’ the State of Nagaland or in any case or class of case specified by the Commissioner in this behalf the Additional Commissioner of State of Nagaland. “(i) (a) Without prejudice to the provisions of sub-section (1) the Commissioner Of the State of NAGALAND may, for reasons to he recorded by him in writing, transfer any appeal pending before him to the Additional Commissioner of the State of Nagaland who shall dispose of the appeal as an Appellate Officer under this section.” (ii) Every appeal referred to in sub-section (1) shall he preferred within fifteen days from the date of service of the order on the person concerned. Provided that where the Appellate Officer is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the said period of fifteen days, he may allow the appeal to he preferred within a further period of thirty days. (iii) The Appellate Officer may stay the operation of any order, made by the Deputy- Commissioner under subsection (1) of section 6 or under section 7 for such period and on such conditions as he may deem fit (iv) Every appeal preferred under this section shall he disposed of as expeditiously as possible in accordance with such procedure as may he prescribed. (v) The appellate Officer may, after hearing the appeal, confirm, modify or reverse the order appealed from. (vi) The cost of every appeal preferred under this section shall be in the discretion of the Appellate Officer Finally of orders 13. Save as otherwise expressly provided in this Act, every order made under this Act by the Commissioner of the State’ of Nagaland as the case may he, shall he final and shall not he called in question in any court and no injunction shall he granted by any court in respect of any action taken or intended to be taken in pursuance ol any power conferred by or under this Act.
Bar to suits or legal proceedings 14. No suit or other legal proceedings shall lie in any Court in respect of the eviction of any person who is in unauthorised occupation of any public land or the recovery of any’ damages or costs awarded under this Act or any portion of such damages or costs.
Liability of heirs and Legal representatives 15. (i) Where any person against whom any proceeding for determination of rent or for the assessment of damages or costs is to be, or has been taken, dies before the proceeding is taken or, during the pendeney thereof’, a proceeding may he taken or, as the case may he, continued against the heirs or legal representatives of that person. (ii) Any amount due to the State Government local authority, Government company or Corporation as the case may he, from any person, whether by way of arrears of rent or damages or costs, shall, after the death of such person he payable by his heirs or legal representatives, but the liability of’ such heirs or legal representatives shall be limited to the extent of the assets of the deceased in their hands. Protection of action taken in good faith.
16. No suit, prosecution or other legal proceeding shall lie against the State Government or the Deputy Commissioner for anything which is in good faith done or intended to he done by him in pursuance of this Act, or any rule or order made there under.
Offences and penalty 17. (i) If any person. who has been evicted from any public land under this Act, ic-occupies such land without the sanction of the appropriate Officer, he shall be punishable with imprisonment of either description for a term which may extend to one year, wit h fine which may extend to one thousand rupees, or with both. (ii) Any Magistrate convicting a person under sub-section (I) may summarily make an order for the eviction of that person from the public land and such eviction shall be without prejudice to any other action that may be taken against such person under this Act.
Power to make rules. 18. The State Government may, by notification in the NAGALAND Gazette, mark rules for carying out the provisions of this Act. (ii) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters namely :- (a) the form and particulars of any notice required or authorised to be given under this Act and the manner in which it maybe served: (b) the holding of inquiries under this Act; (c) the procedure to be followed in taking possession of public land; (d) the manner in which damages for , unauthorised occupation maybe assessed and the principles which may be taken into account in assessing such damages; (e) the manner in which an appeal may be preferred and the procedure to be followed in appeals and (f) any other matter which is required to be, or may, be, prescribed. (iii) Every rule made under this section shall be laid, as soon as may be after it is made, before the Legislative Assembly of the State of NAGALAND while it is in session for a total period of seven 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 Assembly agrees in making any modification in the rule or the Assembly agrees 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.