The Assam Mobile Theatre (Regulation and Artists' Welfare Fund) Act, 2010
'blr/St 1 **Registered No. - 768/97**

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# THE ASSAM GAZETTE

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#### EXTRAORDINARY

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**PUBLISHED BY THE AUTHORITY**

273 fW p , W K 7 C6<<W, 2010, 16 ^R , 1932 (»l^)

No. 273 Dispur, Tuesday, 7th September, 2010, 16th Bhadra, 1932 (S.E.)

GOVERNMENT OF ASSAM

ORDERS BY THE GOVERNOR

LEGISLATIVE DEPARTMENT :: LEGISLATIVE BRANCH

**NOTIFICATION**

The 7th September, 2010

**No. LGL. 174/2008/13.--The following Act of the Assam Legislative Assembly which**

received the assent of the Governor is hereby published for general infonnation.

ASSAM ACT **NO. XXVI OF 2010**

(Received the assent of the Governor on 31st August, 2010)

**THE ASSAM MOBILE THEATRE (REGULATION AND ARTISTS’**

**WELFARE FUND) ACT, 2010**


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2222 THE ASSAM GAZETTE, EXTRAORDINARY. SEPTEMBER 7, 2010

AN

ACT

to provide for a better regulation of Mobile Theatres to check haphazard growth of Mobile
Theatres and constitution of Artists’ Welfare Fund, for the purpose of maintenance of cultural
standards and welfare of the Artists in the State of Assam including the Hills Districts and

matters connected therewith and incidental thereto.

**Preamble** Whereas it is expedient to provide for a better regulation of Mobile
Theatres to check haphazard growth of Mobile Theatres and constitution
of Artists’ Welfare Fund for the purpose of maintenance of cultural
standards and welfare of the Artists in the State of Assam including the
Hills Districts and matters connected therewith and incidental thereto.

It is hereby enacted in the Sixty-first Year of the Republic of India

as follows

Short title,

**1.** (1) This Act may be called the Assam Mobile Theatre ( Regulation and

extent and
commence­ Artists’ Welfare Fund) Act, 2010.
ment (2) It extends to the whole of Assam including the hills Districts.

(3) It shall come into force on such date as the State Government may, by
notification in the Official Gazette, appoint and different dates may be
appointed for different areas.

**Definitions** **2.** In this Act, unless there is anything repugnant to the subject or context,-

(a) “Artists” means any actor, singer, painter, musician, dancer,

choreographer, costume designer, dramatist, script writer and other
technical and non technical staff of the Mobile Theatre who are directly
involved in the live performance or facilitate the live performance by the
Mobile Theatre which term shall also include the directors in different

performing areas or branches of the Mobile Theatre ;

(b) “Committee” means the Artists’ Welfare Fund Committee constituted

under section 13 ;

(c) “Director” means the Director of Cultural Affairs, Assam ;
(d) “equipment” means electrical items for lighting, generator seit, sound

system, musical instruments, laser instruments, projector and other items
having mechanical process involved in i t ;

(e) “existing Mobile Theatre” means a Mobile Theatre which is in existence

and has been engaged in making live dramatic and cultural performance
in the State of Assam on the date of coming into force of this A ct;

(f) “Fund” means the Artists’ Welfare Fund constituted under section 11 ;
(g) “Government” means the Government of Assam in the Cultural Affairs

Department;

(h) “infrastructure” means the stages, settings, pandel, tents, sheds, screens,

chairs, gallery and other items which are essential for live performance
by a Mobile Theatre ;


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(i) “Mobile Theatre” means a theatre group engaged in the business of live

** dramatic and other cultural performances in the State of Assam in
consideration of monetary payment to them, performing such activities
in different places on a temporary basis, having at least two stages with
light and sound system erected temporarii. inside a temporary pandel
with sitting arrangement for audience in front of the stages, having
adequate number of artists and other staff, both technical and non

technical, either casual or regular, in its pay roll and having fixed land
and property for the use by the Mobile Theatre in the name of the
Mobile Theatre or the producer as the case may be, and the words
“Mobile Theatre Groups” shall be construed accordingly;

(j) “prescribed” means prescribed by rules made under this A ct;
(k) “producer” means any person, group of persons, body or firm who

produces, establishes, runs,- operates, or sets up a Mobile Theatre and is
solely responsible for its finance, maintenance, management and
payment to the artists and other staff including other ancillary matters
connected with the running of the Mobile Theatre group concerned;

(l) “Registered Mobile Theatre” means a Mobile Theatre group registered

under section 3;

(m) “section” means a section of this Act;

(n) “year” means the year commencing on the first day of April of a year

ending with the 31[st] day of March of the succeeding year.

**Registration of** 3.(1) No person shall carry on the business of Mobile Theatre

**Mobile Theatre** in the State of Assam including the Hills Districts without being Regis­

tered as a Mobile Theatre Group or renewal thereof, before the Director
under the provisions of this Act.

(2) Every person desirous of setting up of a new Mobile Theatre shall

make an application in such form and accompanied by such fee as may
be prescribed, before the Director for obtaining a provisional
registration of the Theatre Group on furnishing of an undertaking in
the prescribed form to fulfill all the requirements under section 6 and
to complete the setting up of the Mobile Theatre within a period of two

months from the date of such undertaking. The application shall
accompany the documents relating to the land and property available
in the name of the producer or the Mobile Theatre Group as the case
may be, a plan and estimate for one year in respect of establishment
and running of the proposed Mobile Theatre showing the recurring and

non-recurring expenditure involved for the purpose, and a Bank
Guarantee to prove the financial soundness of the proprietor or the
Theatre Group as the case may be, depending upon which, the Director
shall issues a provisional registration certificate with the condition that
the proprietor or the Theatre Group shall be required to complete the
setting up of the Mobile Theatre with all required infrastructure,
equipment, artists and other staff within the stipulated period of two
months and on such completion, the provisional registration shall be
made final for the concerned year after following the procedure as
provided under section 4. In the event of failure on the part of the
proprietor or the Mobile Theatre group to complete the requirements
within the stipulated period, the provisional registration shall
automatically stand cancelled after the expiry of two months from the
date of signing of the undertaking and the concerned proprietor or the
Mobile Theatre group shall not be entitled to carry on the business of
the proposed Mobile Theatre.


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2224 THE

(3) The exL ups who do not already possess the

requirements as ; ed under section 6, shall also apply before the

Director for provisional registration in the same manner as stipulated
under sub-section (2) within thirty days from the date of commencement
of this Act and on fulfillment of all the requirements under section 6
they shall be finally registered by the Director as a Mobile Theatre group
after completing necessary formalities under this Act. In the event of
failure by the existing Theatre groups to fulfil all the requirements under
section 6, the existing Theatre groups shall not be entitled to carry on the
business of Mobile Theatre any further.

(4) The existing Mobile Theatre groups already possessing all the

requirements under section 6 and having all the infrastructure
equipments, requisite number of artists and other staff as required under
this Act shall make an application on the prescribed form accompanied
by such fees as may be prescribed before the Director within thirty days
from the date of coming into force of this Act. The application shall also
accompany the documents relating to land and property, infrastructure,
equipments, artists and other staff for getting the Mobile Theatre
registered and obtaining a final registration certificate in their favour to
run the Mobile Theatre. On receipt of such application, the Director shall
cause an enquiry to be made by the concerned Officer-in-Charge of the
Cultural Centres of the respective District within thirty days from the
date of receipt of the application by the Director. The concerned Officer­
in-Charge of the Cultural Centres shall after making such enquiry and
inspection as may be required, furnish a report to the Director within
fifteen days of receipt of the order for enquiry, on the basis of which
final registration to the concerned Mobile Theatre may be granted for
rest of the period of the year subject to payment of prescribed
registration fee and a Certificate of Registration shall be issued in favour
of the registered Mobile Theatre in the form as may be prescribed.

(5) If the report of the Officer-in-Charge of Cultural Centres of the

concerned districts indicates that any Theatre group seeking registration
under sub-section (4) is lacking of the required infrastructure,
equipments, requisite number of artists and other staff and other
requirements under this Act, the Director shall refuse to grant final
registration to such Theatre group and the ground for such refusal shall
be duly communicated to the concerned producer. Such Theatre groups
to whom registration is refused by the Director, shall not carry on their
performance any further and immediately stop the business:

Provided that as soon as the Theatre group acquires the

required infrastructure, equipments, requisite number of artists and other
staff and other requirements under this Act, it shall be intimated to the
Director and the Director after an enquiry caused to be made, if satisfied
that the Theatre group has fulfilled all the requirements under this Act,
may grant final registration and issue a Certificate of Registration for the
remaining period of the year to the said Mobile Theatre group, subject to
payment of the prescribed registration fees.


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**Fi&alisation** **of** 4.(1) Before expiry of the term of the provisional registration
**provisional** granted to a Theatre group under sub-section (2) and (3) of
**registration** section 3, the producer of the Theatre group shall complete the

requirements for setting up of the Mobile Theatre and make an
application in the prescribed form furnishing such fees as may be
prescribed, before the Director for granting final registration **and**
issuing ft al Certificate of Registration in favour of the concerned
Mobile Theatre

(2) On receipt of the application, the Director shall cause an enquiry to be
made by the Officer-in-Charge of the concerned Cultural Centre of the
district within fifteen days of receipt of the application. The Office-in-
Charge of the concerned Cultural Centre of the District shall make
such enquiry and such inspection as may be required and furnish a
report to the Director within fifteen days of receipt of order of the
Director, on the basis of which the Director may grant final
registration and issue a Certificate of Registration for one year or rest
of the year as the case may be, to the concerned Mobile Theatre,
subject to payment of necessary registration fee as may be prescribed.

(3) If the report of the Officer-in-Charge of the Cultural Centre of the
concerned District indicates that any Theatre group seeking final
registration under sub-section (1), is lacking of the required
infrastructure, equipments, requisite number of artists and other staff
and other requirements under the Act, the Director shall refuse to grant
final registration to such Theatre group and the ground for such refusal
shall be duly communicated to the concerned producer :

Provided that as soon as the Theatre group acquires the

required infrastructure equipments, requisite number of artists and
staff and other requirements under this Act, it shall be intimated to the
Director and the Director after an enquiry caused to be made, if
satisfied that the Theatre group has fulfilled all the requirements under
this Act, may grant final registration and issue a Certificate of
Registration for remaining period of the year to the said Mobile
Theatre, subject to the payment of the prescribed registration fee.

**Renewal of** **5.** (1) Any producer of registered Mobile Theatre desirous of continuing
**Registration** the Mobile Theatre in the succeeding year s also, shall make an

application before 31[st] of day of March every year before the Director
for renewal of the registration of the Mobile Theatre, in the prescribed

form, on payment of such fees, as may be prescribed. The application
shall be accompanied by an Income Tax Clearance Certificate and
Entertainment Tax Clearance Certificate in respect of the previous
year.

(2) On receipt of an application for renewal of registration, the Director

shall after an enquiry caused to be made, if satisfied that the Mobile
Theatre group has successfully completed their performance during the

preceding year, and has been maintaining the required infrastructure,
equipments, requisite number of artists and other staff and other
requirements under this Act, may grant renewal of registration and
issue a Renewal Certificate of Registration to the Mobile Theatre for
the relevant year before 30[th] day of April every year.


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2226 THE ASSAM GAZETTE, EXTRAORDINARY. SEPTEMBER 7. 2010

**Requirements to** 6. A Theatre group shall be required to fulfil the following requiremects
**be fulfilled for** to be eligible for registration as a Mobile Theatre and renewal there
**Registration as** of
**a Mobile Theatre** (i) The Theatre group shall possess at least two stages and adequate light
**and renewal** and sound system;
**thereof** (ii) It shall have at least one hundred artists and other staff both technical

and non-technical in its pay roll, either casual or regular as the case
may be or such number of artists and other staff both technical and
non-technical as may be specified by the Government by notification
from time to time ;

(iii) It shall have fixed land and property in the name of the producer or the

Mobile Theatre as the case may be, which are exclusively used for the
Mobile Theatre group;

(iv) It shall possess requisite infrastructure and equipments without which

the performance by the Mobile Theatre is considered to be

impossible;

(v) It shall provide necessary fire fighting arrangements including

equipments for fire fighting ;

(vi) It shall engage adequate number of security personnel of its own as

may be considered necessary;

(vii) It shall produce the latest Income Tax. clearance certificate for entire

funds by which the theatre would be promoted;

(viii) It shall possess such other things, items, facilities and maintain such

standards as may be prescribed in the rules.

**Effect of non** 7.(1) Any Mobile Theatre group having no valid registration or renewal

**registration** thereof as required under this Act, shall not be entitled to carry on the
business of Mobile Theatre.

(2) If it comes to the notice of the Director that a Mobile Theatre group

has been running the business and engaged in live dramatic and other
cultural performances in any place without having any valid registration
required under this Act, he may issue notice to the concerned Mobile
Theatre group or to its producer to immediately stop the performance.

(3) Any Mobile Theatre group which runs a Mobile Theatre and carry on

their performances without a valid registration under this Act shall be
liable to pay a fine of Rupees one thousand (Rs. 1,000/-) per day for
every day of such performance made without registration, which shall be
charged from the date from which the Mobile Theatre group has been
running the Mobile Theatre and making performance without a valid
registration.

(4) The amount of fine shall be deposited by the producer on demand made

by the Director within the period as stipulated in the Demand Notice,
which shall be credited to the Artists’ Welfare Fund :

Provided that necessary receipt in respect of payment of fine shall

be issued to the producer by the Director.

(5) No benefit of tax of any kind shall be admissible to those Mobile

Theatre Groups who fail to produce a valid registration certificate while
claiming any exemption of tax from the Government.


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**Realisation of** **8-** (1) [Any amount of fine under sub-section (3) and (4) of section 7, ]
**fine as an** remaining unpaid shall be treated as an arrear of Land Revenue
**arrear of Land** and shall be recovered under the provisions of the Bengal Public
**Revenue** Demand Recovery Act, 1913 ( Act No. Ill of 1913)

**Obligation of** **9.** (1) Every Mobile Theatre Groups shall endeavor to protect and preserve
**the Mobile** the cultural heritage of Assam and all programmes produced by the
**Theatre** Mobile Theatre Group shall be devoid of vulgarity and obscenity. An

undertaking to this effect shall have to be given by the producer before
the Director in the prescribed form at the time of final registration of
the Mobile Theatre

(2) If any public opinion is created or any complaint or other information

is received by the Director, against any Mobile Theatre group that the
Mobile Theatres group has violated the provisions made in the
undertaking given under sub-section(l), the Director may get the
complaint or information as the case may be, verified by a group of
experts as he may appoint for the purpose and on receipt of the report
from the expert group, if the Director is satisfied that the Mobile
Theatre group has actually produced a programme or scene containing
vulgarity or obscenity, he may issue a notice to the Mobile Theatre
group furnishing a copy of the report of the expert group to desist
from showing such a programme or scene as the case may be, which
shall be binding on the Mobile Theatre group. Non-compliance of such
direction of the Director may be a point for refusal of renewal of
registration to the concerned Mobile Theatre group in the next year.
Moreover the concerned producer of such Mobile Theatre group
defying such direction may also be treated as disqualified for
producing a Mobile Theatre in future:

Provided that refusal of renewal of registration or

registration on the ground of non-compliance of the direction of the
Director under this section, shall be communicated in writing to the
concerned Mobile Theatre group or to the concerned producer as the
case may be.

**Power of** **10.** Nothing in this Act or any other law for the time being in force, shall
**inspection** prevent the Director or the Government or any person or authority as may
**and** be authorized by the Director or the Government as the case may be, to
**enquiry** make any inspection or carry on any enquiry in any matter pertaining to

the Mobile Theatre group for the purpose of smooth implementation of

this Act.

**Establishment 11.(1) The State Government shall, by Notification in the Official Gazette**
**of Artists’** constitute a Fund to be called the Artists’ Welfare Fund, for the welfare

**Welfare Fund** of the artists of Mobile Theatre in Assam, with effect from the

commencement of this Act.

(2) There shall be credited to the Fund,-

(a) All sums of money collected by way of registration fees and

renewal fees of the Mobile Theatres under sections 3,4 and 5;


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2228 _ THE ASSAM GAZETTE. EXTRAORDINARY. SEP T E M B E R 20 10----------

(b) The amount of Government subscription made annually, against

registration and renewal of the Mobile Theatres in a year,
which shall in no case be less than the amount collected under
clause (a) of this sub-section ;

(c) All sums of money collected/deposited by way of fine under sub­

section (3) and (4) of section 7 and section 8, as the case may be ;

(d) Any other donation, contribution or subscription made by any

person, body, authority or committee, or grant, if any, made by the
Government.

**Utilization** **12.** The Artists’ Welfare Fund shall be utilized for giving

**of the Artists’** periodical or one time financial assistance to the artists of the registered
**Welfare Fund** Mobile Theatre in Assam in case of urgent need of money on the

following reasons :-

(i) For the purpose of his own or his family member’s medical treatment

due to illness of serious nature;

(ii) If the artist becomes incapable of performing in the Mobile Theatre due

to his illness, old age or other physical disability or mental incapacity ;

(Hi) Any other cause for which urgent financial assistance to the concerned

artist, is considered to be necessary by the Artists’ Welfare Fund
Committee.

**Explanation** For the purposes of this section the words “family member”

shall mean an include the wife or husband, dependent parents and non
earning sons and daughters of the artists and the word “parent” shall include
the step parents also.

**Constitution** 13.(1) The State Government shall constitute, by notification in the Official

**of the Artists’** Gazette, with effect from such date as may be specified therein, a

**Welfare** Committee to be called the Artists’ Welfare Fund Committee.

**Fund**
**Committee**

(2) The Committee shall be a body corporate having perpetual succession
and a common seal with power to acquire, hold and dispose of property
and shall by the said name, sue and be sued.

(3) The Committee shall consist of, -

(a) Seniormost Secretary to the Government of Assam,

Cultural Affairs Department.                - Ex-officio Chairman

(b) Director, Cultural Affairs, Assam              - Member-Secretary
(c) Two representatives of the All Assam Mobile

Theatre Producers Association.                - Members

(d) Two eminent Theatre personalities.              - Members
(e) One representative of the Finance Deptt./or

Director of Accounts, Assam.                - Member

(f) One representative of the Deptt. of

Public Enterprises.                 - Member


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(4) The term of the non-official members shall be for a period of three years
from the date of notification:

Provided that any member completing the three years term

may be renominated by the State Government for another period of
three years.

**Disqualification** **14.** No person shall be nominated and continue as a member of the Committee
**and renewal of** if he, --
**nominated** (a) is of unsound mind and stands so declared by a competent Court; or
**members**

(b) is, or at any time has been, adjudicated insolvent; or
(c) is or has been convicted by a Criminal Court for an offence involving

moral turpitude, unless such conviction has been set aside ; or

(d) is a defaulter to the Fund.

**Resignation** 15.(1) Any non official member of the Committee may resign his office by
**and** giving two months notice in writing to the Chairman of the
**Casual** Committee and on such resignation being accepted by the Chairman, the
**Vacancy** said member shall be deemed to have vacated his office.

(2) If any member of the Committee becomes subject to disqualification
under section 14 or is absent without leave from three consecutive
meetings of the Committee, his seat shall thereupon become vacant.

(3) A vacancy of non official member arising under sub-section (1) and (2)
shall be filled as soon as possible in the same manner and for the same
term or duration as in sub-section (4) of section 13.

**Act of Committee** **16.** No act done or proceedings taken, under this Act or the rules made there
**not to be** under, by the Committee shall be invalid merely by reason of, --
**invalidated by**
**vacancy, defect,** (a) any vacancy or defect in the constitution of the Committee; or
**irregularity**

(b) any defect or irregularity in the nomination of any person as a

member thereof; or

(c) any defect or irregularity in such proceedings not affecting the
merit of the case.

**Vesting and** **17.** The Fund shall vest in and be held and applied by the

**application of** Committee subject to the provisions and for the p urposes of this Act.
**the Fund**

**Functions of** **18. (1) The Committee shall administer the fund.**
**the Committee** (2) In the administration of the Fund, the Committee shall, subject to the

provisions of this Act and the rules made there under,-

(a) collect, preserve, manage and utilize the fund ;

(b) hold the amount in an account to be opened and operated jointly by
the Chairman and the Member-Secretary in a Nationalized Bank.

(c) receive application from any artist of the registered Mobile Theatre
claiming financial assistance from the fund and to dispose of such
claims periodically. For the purpose of disposal of such claims the
Committee may conduct such enquiry as may be deemed necessary ;


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2230 THE ASSAM GAZETTE, EXTRAORDINARY, SEPTEMBER 7, 2010

(d) communicate to the applicant by registered post with

acknowledgement due its decision on the application;

(e) sit once in the first week of every quarter for disposal of various

business of the Committee **ot at such earlier times as may be**

required, which shall be determined by the Member-Secretary with
the approval of the Chairman;

(f) pay out of the Fund all amounts due and payable under this Act and

incur all expenditure relating to the management and administration
of the Fund;

(g) send periodicals, annual reports, annual audited statements of

accounts to the Government from time to time;

(h) make payment of sitting allowance and conveyance allowance from

out of the Fund, to the non-official members of the Committee in
connection with its meetings, at such rates as may be prescribed;

(i) . determine its own procedure in conducting its meetings.

**Functions of** **19.** The Member-Secretary of the Committee shall,-
**the Member-**
**Secretary** (a) be the Chief Executive of the Committee ;

(b) represent the Committee in suits and proceedings ;
(c) authenticate by his signatures all the decision of the Committee ;
(d) convene meetings of the Committee and issue notices thereof at least

before fifteen days of the meeting;

(e) attend the meeting of the Committee with all necessary records and

information and record its minutes ;

(f) maintain such forms, registers and other records and do all

correspondence relating to the Committee ;

(g) prepare an annual statement of accounts and other business during

each financial year and place before the Committee ;

(h) do all other things as may be directed by the Committee.

**Accounts** **20.** (1) The Committee shall keep and maintain books of accounts and other
**and Audit** books in such form and in such manner as may be prescribed.

(2) The accounts of the Committee shall be got audited by the Committee

annually by a registered Chartered Accountant.

(3) The Committee shall pay from the fund the charges for the audit.                         -

**Manner of** **21.** (1) The Committee shall determine the manners and procedures in <
**holding** conducting its meeting.
**Meetings** (2) One third of the members of the Committee shall form a quorum.
**of the**
**Committee** (3) The Chairman and in his absence any member of the Committee shall

preside over the meeting.

(4) Any matter coming before the Committee for its decision shall be

decided by a majority of votes of the members present and voting.

(5) The Member-Secretary of the Committee shall have no voting right in

the meeting.

**Appeal** **22.** (1) Any person aggrieved by any decision or order of the Director or the

Committee as the case may be, under this Act, may prefer an appeal
against that decision or order before the Government within thirty days of
receipt of such decision or order.


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(2) The appeal shall be in prescribed form accompanied by a copy of the order

appealed against.

(3) The Government may call for such records and after hearing the parties

shall dispose of the appeal- within thirty days of receipt of the same.

(4) The decision of the Government in appeal shall be final and binding on the

parties.

**Protection** **23.(1)** No suit, presentation or other legal proceedings shall lie against
**of action** any person for anything which is done in good faith or intended to be done
**taken in** in pursuance with the provisions of this Act or any rules made thereunder.
**good faith**

(2) No suit or other legal proceeding shall lie against the Director or the

Committee for any damage caused or likely to be caused by anything
which is done in good faith or intended to be done in pursuance of the
provisions of this Act or any rules made thereunder.

**Bar of** **24.** No Civil Court shall have jurisdiction to settle, decide or deal

**jurisdiction** with any question or to determine any matter which, by or under
**of Civil** this Act, require to be settled, decided or dealt with or to be
**Court** determined by the Director or the Committee, as the case may be.

**Power to** **25.(1)** The Government may, by notification in the Official Gazette,

**make rules** make rules for carrying out the provisions of this Act.

(2) All rules made by the Govemment.under this Act shall, as soon as may be

after they are made, be laid before the State Legislature, 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
publication in the Official Gazette, subject to such modifications or
annulments as the Legislature may, during the said period agree to make,
so however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done thereunder.

**MOHD. A. HAQUE,**

Secretary to the Government of Assam.

Legislative Department, Dispur.

GUWAHATI- Printed & Published by the Dy. Director (P&S), Directorate of Ptg. & Sty., Assam, Guwahati-21

(Ex-Gazette) No. 545-500-600-7-9-2010


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