Assam · 1961 · Act 9
The Assam State Acquisition of Lands Belonging to Religious or Charitable Institution of Public Nature Act, 1959
In forceFull text
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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 compensa-
tion 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 Sec-
tion 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 rele-
vant 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 1nsh-
the 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 notifi-
make 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.