Assam · 2011 · Act 21
The Assam Land Grabbing (Prohibition) Act, 2010
In forceFull text
This Act is not split into sections here yet, so this is the full text read from its official PDF. Older scans can carry reading errors: check the PDF before you quote it, and for tables and schedules.
Registered No. 768-97
3T5i*rSF
tioMAcJ vPT^
THE ASSAM GAZETTE
'5 p n w ct
EXTRA ORDINARY
a r s 4 '$ ^ w a W n s '
PUBLISHED BY THE AUTHORITY
410 18 4t«W, 2011, 27 1933 (*f^)
No. 410 Dispur, Friday, 18th November, 2011, 27th Kartika, 1933 (S.E.)
GO VE RN ME NT OF AS SAM
OR DE RS B Y T HE GO VE RN OR
LEGISLATIVE DEPARTMENT : : : LEGISLATIVE BRANCH
x
NO TIF ICA TIO N
The 18th November 2011
No. LGL.- 84/2009/12 : The following Act of the Assam Legislative Assembly which received
the assent of the President is hereby published for general information.
ASSAM ACT N O. XXI OF 2011
(Received the assent of the President on 28.10.2011)
TH E ASSAM LA ND G RA BB ING (PRO HIBITION ) AC T, 2010
r-.
2542 THE ASSAM GAZETTE, EXTRAORDINARY, NOVEMBER 18,2011
AN
ACT
Preamble
Short title,
extent,
application and
commencement.
to prohibit the activity of land grabbing in the State o f Assam.
Whereas there are organized attempts on the part ol certain
lawless persons operating individually and in groups to grab, either by
force or by deceitful means or otherwise, lands whether belonging to the
Government, a Publ ic Sector Undertaking, a local authority, a religious
or charitab le institution or endowment, including a wakf or any other
private persons or a site of historical monuments etc;
And. whereas it is necessary to arrest and curb immediate ly such
unlawful activities of land grabbing;
And whereas public order is adversely affected by such unlawful
activity o f land grabbers.
It is hereby enacted in the Sixty-f irst Year o f the Republic of India
as follows
1. (1) This Act may be called the Assam Land Grabbing
(Prohibit ion) Act, 2010.
(2) It extends to the whole of Assam except the Autonomous
districts of Karbi Anglong, Dima Hasao and the Bodo Land
Territorial Council Area:
Provided that the Government may, by notifica tion in
the official Gazette, extend the operation of this Act to the
aforesaid areas also with the consent of the concerned
Autonomous Counci ls as and when considers necessary.
THE ASSAM GAZETTE, EXTRAORDINARY, NOVEMBER 18 ,2011 254?
Definitions.
(3) It shall come into force on such date as the Government may,
by noti fication in the official Gazette, appoint.
(4) It applies to all lands situated within the limits of Guwahati
Municipal Corporation established under the Guwahati
Municipal Corporation Act, 1969 and the Municipalities and
Town Committees declared as such under the Assam
Municipal Act, 1956 and also applies to the rural areas of
Assam save and except the Autonomous Districts o f Karbi
Anglong, Dima Hasao and the Bodo Land Territorial Council
Area.
2. In this Act, unless the context o therwise requires ,-
(a) “Government” means the State Government o f Assam;
(b) “Land” includes right in or over land, benefits to arise out o f
land and buildings, structures and other things attached to
earth or permanently fastened to anything attached to earth
and includes standing trees and crops ;
(c) “Land belonging to private person”, means any land
belonging to, -
(i) a private indiv idu al; or
(ii) an evacuee ;
the value or tire extent of which or the nature of the evil
involved shall be of substantial nature or in the interest of
justice required ;
a
Assam
Act No.
I of
1973
Assam
Act No.
XV of
1957
2544 THE ASSAM GAZETTE, EXTRAORDINARY. NOVEMBER 18,201!
(d) “land grabber” means a person or a group of person who
occupy or attempt to occupy with or without the use o f force,
threat, intimidation and deceit, land over which he or they
have no ownership, title or physical possession and includes
any person who gives financial aid to any person or group o f
persons for taking up illegal possession o f land over which he
or they have no ownership or title and for construc tion of
unauthorized structures thereon, or who abets the doing of
any of the above mentioned acts, and also includes the
successors- in-interes ts;
(e) “land grabbing” means every activity of land grabber to
occupy or attempting to occupy with or without the use of
force, threat, intimidation and deceit, any land (whether
belonging to the Government, a Public Sector undertaking, a
local authority, a religions or cheritab le institution or
endowment, including a wakf or any other private person)
over which he or they have no ownership, title or physical
possession , without any lawful entitlement and with a view to
illegally taking possession of such land or creating illegal
tenancies or lease or licence, agreements or by constructing
unauthorised structures thereon for sale or hire or use or
occupation of such unauthorised structures and the term
“grabbed land” shall be construed accordingly;
(f) “person” includes a group or body of persons, an association,
a local authority, institution or a religious or charitable
institution or endowment whether incorporated or not;
(g) “prescribed” means prescribed by rules made under this Act;
i
Land Grabbing
to be unlawful
Prohibition of
land g rab bin g
THE ASSAM GAZETTE, EXTRAORDINARY, NOVEMBER 18,2011
(h) “Special Tribunal” means a Court o f the Distr ict and Sessions
Judge, having jurisd iction over the area, and includes the
Additional District and Sessions Judge;
(i) “Specia l Court” means a Special Court constituted under
section 14 o f this Act;
(j) “Unauthorized Structures” means any structure constructed
under the Guwahati Municipal Corporation areas without
express permission in writing of the Gauhati Municipal
Corporation or the Guwahat i Metropolitan Development
Authority constituted under the Guwahati Municpal
Corporat ion Act, 1969 and the Guwahati Metropoli tan
Development Author ity Act, 1985, respectively, and
elsewhere without the express permission of the authority
concerned, o r except in accordance with any law for the time
being in force in the area concerned.
3. Land grabbing in any form is hereby declared unlawful and
any act connected with or arising out of land grabbing shall
be a cognizable offence unde r the Code of Criminal
Procedure, 1973 and punishable under this Act.
4. (I ) No person shall commit or cause to be committed land
grabbing.
(2) No person shall, on or after the commencement of this Act,
continues to be in occupation, otherwise than as a lawful
tenant, of a grabbed land belonging to the Government, State
Government undertaking, local authority, religious or
charitable institution or endowment including a wakf, or
other priva te person. °<
2545
Assam
Act No.
I of
1973
Assam
Act No.
20 o f
1987
Act 2
of 1974
/
I
2546 THE ASSAM GAZETTE, EXTRAORDINARY, NOVEMBER 18, 2011
Penalty for 5.
other offence in
connection wi th
land grabbing.
Offences by 6.
Companies.
(3) Whoever contravences the provisions of sub-section (1) or
sub-section (2) shall be guilty o f an offence punishable under
this Act and on conviction, be punished with imprisonment
for a term not less than two years, which may extend to five
years and with fine which may extend to twenty five
thousand rupees.
Whoever, with a view to grabbing land in contravent ion of
the provisions of this Act or in connection with any such land
grabbing ,-
(a) sells or allots, or offers or advertises for sale or allotment, or
has in his possession for the pu ipose of sale or a llotment, any
land grabbed;
(b) instigates or incites any person to commit land grabbing;
(c) uses any land grabbed or causes or permits knowingly to be
used, for purpose connected with sale or al lotment; or
(d) causes or procures or attempts to procure any person to do
any of the above mentioned acts shall, on conviction be
punished with imprisonment for a term not less than two
years which may extend to five years and with fine which
may extend to twenty five thousand rupees.
(1) If the person committing an offence under this Act, is a
company, the company as well as every person in charge of
and responsible to, the company for the conduct of its
business at the time of commiss ion of the offence, shall be
deemed to be guilty of the offence and shall be liable to be
proceeded against and punished accordingly:
e
1
4
Special
Tribunal
THE ASSAM GAZETTE. EXTRAORDINARY, NOVEMBER JM O ll ----- 2547
Provided that nothing in this sub-section shall render
any such person liable to any punishment, if he proves that
the offence was committed without hi s knowledge or that he
exercised all due deligence to prevent the commission of
such offence.
(2 ) N o tw it h st an d in g a ny th in g conta in ed in sub-secti on (1) abov e,
w h e r e a n y o f f e n c e u n d e r th is A c t h a s b e e n c o m m it te d b y a
com pany an d it is p ro ved th at th e o ff ence has be en
com m it te d w it h th e conse n t or conn iv ance of , o r th at th e
c o m m is s io n o f th e o f f e n c e is a t t r ib u ta b le to a n y n e g le c t o n
th e p a r t o f a n y dir ec to r, m an ager, se cre ta ry o r o th e r of fi ce r,
o f th e co m pany , su ch d ir ec to r, m an ager, secre ta ry o r off ic er
sh a ll al so be deem ed be guil ty o f t ha t o ff ence and sh al l be
li ab le t o be p ro ce eded a gain st a nd pun is hed ac co rd in gly .
E xp la nati on :- For th e purp ose o f th is se ct io n -
(a) “Company” means any body corporate and includes a firm or
other association o f individuals, and
(b) “direc tor” in relation to a firm means a Partner in the firm.
7. There shall be a Special Tribunal for the purpose of enquiry
into any alleged act of land grabbing and trial of cases in
respec t of the ownership and title to or lawiul possession of
the land grabbed and the court of District and Sessions Judge
having jurisdict ion over the area shall be the Special Tribunal
for the purposes of this Act and shall include Additional
Dist rict and Sessions Judge having jurisdiction over the area.
p j
1
2548 THE ASSAM GAZETTE, EXTRAORDINARY, NOVEMBER 18, 2011
Special
Tribunals and
their powers
and functions.
8. (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
10. (1) Save as otherwise provided in this Act, a Special Tribunal
shall, in the trial of case relating to any alleged act of land
grabbing, or with respect to the ownership and title to, or
lawful possession o f the land grabbed, whether before or after
the commencement of this Act, which involves civil liability,
follow the procedure prescribed in the Code of Civil
Procedure , 1908 and in the trial of cases relating to alleged
Act 5 of
1908
offence of land grabbing involving punishment prescribed
under this Act, follow the procedure o f the Code of Criminal
Procedure, 1973.
(2) After- taking cognizance of a case under sub-section (2) of
section 8, the Special Tribunal shall try and dispose of the
civil liability at first and decide and pass order as to the tiitle,
ownership and lawful possession o f the grabbed land whether
before or after the commencement of this Act as it deems fit.
After completion of the civil proceeding, if the Special
Tribunal decides and pass order that the land in question has
been grabbed, the Special Tribunal may order that the
possession of the land be restored to the perso n whose land
has been grabbed after evicting the land grabber or any other
person who may be in possess ion of the land, if necessary by
use o f such force as may be required for the purpose :
Provided that execution of the order for restoration of
the possession of the grabbed land shall not be made till
expiration of the period of appeal provided under section 13
of the Act. If within a reasonable time after the expiry of the
appeal period no order o f stay o f execution has been received
from the Special Court or produced before the Special
Tribunal by any of the parties to the case, the Special
Tribunal shall proceed for execution of its order and
simultaneously frame charge against the land grabber to
prosecute him for the alleged act o f land grabbing :
Act 2 of
1974
i
THE ASSAM GAZETTE, EXTRAORDINARY, NOVEMBER 18,2011
Provided further that in the event of preferr ing an
appeal from the order of the Special Tribunal before the
Special Court where stay of execution of the order has been
made by the Special Court, the Special Tribunal shall not
further proceed in the proceeding to prosecute the land
grabber till final disposal o f the appeal by the Special Cou rt :
Provided also that after hearing the appeal, if the
Special Court decides the appeal against the alleged land
grabber, in that event charge for prosecution agains t the land
grabber shall be framed by the Special Tribuna l and proceed
with the criminal proceeding for prosecution of the land
grabber.
(3) The evidence admitted during the civil proceeding may be
made use of while trying the criminal proceeding in addition
to the additional evidence adduced by the parties in the
criminal proceeding.
(4) Any person, accused of land grabbing or the abetment thereof
before the Special Tribunal, shall be a competent witness for
the defence and may give evidence on oath in dispro of of the
charge made against him, or any person charged together
with him in the criminal p roceeding :
Provided that he shall not be called as a witness except
on his own request in writing or his failure to give evidence
shall be made a subject of any comment by any of the parties
or the Special Tribunal or give rise to any presumption
against him self or any person charged together with him at
the same proceeding.
2553
i
2554 TIIE ASSAM GAZETTE, EXTRAORDINARY, NOVEMBER 18,2011
Burden of proo f
Transfer of
cases
Appeal
(5) The Special Tribunal shall, before passing an order under this
Act give to the land grabber an opportunity of making his
represen tation or o f adducing evidence, if any, in this regard,
and consider every such representation and evidence.
11. Where in any proceeding under this Act, a land is al leged to
have been grabbed, and such land is p rima-facie proved to be
the land owned by the Government or by a private person, the
Special Tribunal shall presume that the person who is alleged
to have grabbed the land is a land-grabber and the burden of
proving that the land has not been grabbed by him shall be on
such person.
12. Any case pending before any Court or other authority
immediately before coining into force of this Act which
involves any act of land grabbing, shall stand transferred to
the Special Tribunal within whose jurisdiction the alleged
grabbed land is situated.
13. (1) Any person, aggrieved by the Judgement and order (not being
an interlocutory order) of the Special Tribunal , may prefer an
Appeal before the Special Court on any question of law or o f
fact. Notwithstanding anything to the contrary contained in
the Limitat ion Act, 1963, an appeal under this section shall
be preffered it within a period of sixty days from the date of
passing of the Judgement and order by the Special Tribunal.
(2) Separate Appeal shall lie against the respective Judgement
and order of the Special Tribunal passed in respect of the
civil proceeding as well as in crimianl proceedings
respect ively under this Act and the period of sixty days shall
bd reckoned from the respective date of Judgement and order
passed in each o f the proceedings.
Act No.
XXXVI
of
1963.
Constitution of
the Special
Court
THE ASSAM GAZETTE, EXTRAORDINARY, NOVEMBER 18, 2011 2555
(3) The Special Court shall dispose of the appeal within a period
of six months from the date o f filing the appeal and forward a
copy of the order to the concerned Special Tribunal under
whose jurisd iction the grabbed land is situated for Lheir
taking necessary action, if any.
14. (1) The Government shall, for the purpose of enterta ining and
disposal of appeals arising out of any Judgem ent and order o f
the Special Tribunal , by not ification published in the Official
Gazette, Constitute a Special Court for the whole o f the State
of Assam.
(2) A Special Court shall consist o f a Chairman and two other
members to be appointed by the Government.
(3) The Chairman shall be a person who was o r has been a Judge
of the High Court and of the other two members, one shall be
a person who was or has been a Distric t and Sessions Judge
(hereinafter referred to as Judicia l Member) and other sliall
be a person who was or has been a member of the Indian
Admin istrative Service holding or has held a post not below
the rank of Secretary to the Government with Special
Knowledge or experience in revenue matters (hereinafter
referred to a Revenue M em ber):
Provided that the appointment of a perso n who was a
Judge of the High Court as the Chairman or a District and
Sessions Judge as a member respectively of the Specia l Court
shall be made after consultation w(Jh the Chief Justice of the
* ■
Gauhati High C ou rt :
1
2556 THE ASSAM GAZETTE, EXTRAORDINARY, NOVEMBER 18. 2011 I
Provided further that where a s itting Judge of the High
Court is to be appointed as a Chairman such appointment
shall be made after nomination by tire Chief Justice of the
Gauhat i High Court with the concurrence of the Chief Justice
of India.
(4) The salary and allowances of the Chairman and the members
of the Special Court shall be such as may be prescribed.
(5) No person shall be retained as a Chairman of the Special
Court after he has atta ined the age of sixty five years and as a
member a fter he has attained the age o f sixty two years.
(6) The Chairman or other members shall hold office as such for
a te rm 'of 3 (three) years from the date on which he en ters his
office :
Provided that the Government may re-appoint the
Chairman or any. other members after expiry of the original
term of three years unless such Chairman or m ember has not
attained the age of sixty five years or sixty two years
respec tively :
Provided further that while making re-appointment of
Chairman or any other member, the provis ions provided
under the provises o f sub-section (3) shall be followed.
(7) The quorum to constitute a meeting of the Bench of the
Special Court shall be two.
Special Court to 15. (a)
make
regulations.
The Special Court may, by notificat ion published in the
Official Gazette^ make regulations, not inconsisten t with the
provisions of this Act or the rules made thereunder, relating
<
to the procedure to be followed for the conduct of the cases
and for regulating the manner o f taking decisions.
i
THE ASSAM GAZETTE. EXTRAORDIN ARY. NOVEMBER 18, 2011 2557
Special Court to
have the powers
of the Civil
Court and the
Criminal Court.
Staff of the
Special Court
(b) The Special Court may cause a public notice of the substance
of such regulations for the information of the general public.
(c) All regulations made by the Special Court unde r this section
shall, as soon as may be after they are made, be laid before
the Assam Legislative Assembly while it is in session, for a
total period of not less than fourteen days, which may be
comprised in one session or two or more successive sessions
and shall unless some later date is appointed, t ake effect from
their publication in the Official Gazette subjec t to such
modifica tion or annulments as the Assam Legislat ive
Assembly may, during the said period agree to make, so
*•
however that any such modif ication or annulment shall be
without prejudice to the validity o f anyth ing previously done
thereunder.
16. Save as express ly p rovided in the provis ions of the Code of
Civil Procedure , 1908 and the Code of Crimina l Procedure,
1973, in so far as they are not inconsis tent with the provis ions
of this Act, shall apply to the proceeding before t he Special
Court mutatis mutandis and for the purposes of the provisions
of this Act, the Special Court shall be deemed to be a Civil
Court, or as the case may be, a Criminal Court and shall have
all the powers of a Civil Court and a Criminal Court
competent to hear and dispose of Appeal. The persons
conducting a prosecution before the Special Court shall be
deemed to be a Public Prosecutor,
17. (1) The Chairman of the Special Cour t may appoin t officers aud
other employees required to assist the Special Court in the
discharge o f its functions under this Act.
Act 5
of 1908
and Act
2 o f
1974
2558 THE ASSAM GAZE1TE, EXTRAORDINARY. NOVEMBER 18, 2011
Persons acting 18.
under the A ct to
be public
servants.
Protection of 19.
persons ac ting
in good faith.
Prohibition o f 20.
alienation o f
grabbed land.
Functions under 21.
certain Acts to
continue.
(2) The categories of officers and other employees who may be
appointed under sub-section (1), their salaries allowances and
other conditions of service, and the admin istrative powers of
the Chairman of the Special Court shall be such as may be
prescribed, a fter consultation with the Chairman.
Any person acting under this Act shaU be deemed to be a
public servant within the meaning of section 21 of the Indian
Penal Code.
No suit, prosecution or other legal proceeding shall lie
against any officer or employees of tire Special Court or any
officer of the Government for anything which is in good
faith done, or intended to be done unde r this Act or the rules
made there under..
Any transaction relating to-an a lienat ion of a grabbed land or
any part thereof by way of sale, lease, gift, exchange,
settlement, surrender, usufruc tuary mortgage or otherwise, or
any parti tion effected or a trust created in respec t o f such land
which has taken place whether before or after the
commencement of this Act shall, except, ordered by the
Special Court or Special Tribunal, be null and void.
Notwithstanding anything contained in this Act, the Assam
Board of Revenue constituted under the Assam Board of
Revenue Act, 1962 and Officers authorised under the Assam
Land and Revenue Regulation, 1886 and the Rules framed
thereunder, the Assam Fixation of Ceiling on Land Holding
Act, 1956, the Assam (Temporarily Settled Areas) Tenancy
Act, 1971, shall continue to’ discharge their functions under
the respective Act.
Act.45
of 1860
Assam
Act 21
of 1962
Regulat
ion 1 of
1886
Assam
Act 1 of
1957
Assam
Act 23
of 1971
J THE ASSAM GAZETTE. EXTRAORDINARY, NOVEMBER 18,2011 2559
Power to make 22. (1) The Government may, by notification in the Official Gazette,
m l e s ' make rules for carrying out all or any of the purposes of this
Act.
(2) All rules made by the State Government under this Act shall,
as soon as may be after they are made, be laid before the
Assam Legisla tive Assembly, while it is in session, for a total,
period of not less than fourteen days which may be
comprised in one session or two or more successive sessions,
and shall, unless some later date is appointed, take effect
from the date of their publica tion in the Official Gazette
subject ' to such modif ications or annulments as the
Legisla tive Assembly may, during the said period agree to
make, so however, that any such modification or annulment
shall be without prejudice to the valid ity of anything
previously done thereunder.
MOU.D, A. HAQUE,
Secretary to the Govt, of Assam,
Legislative Department, Dispur.
Guw ah at iP rint ed and Published by the Dy. Director (P.&S .), Directorate o f Ptg. & Sty, Assam, Guwahat i-?!
(Ex-Gazette) No. 8 19-600+30+10-18-11-2011.