The ASSAM COMMISSIONERS' POWERS DlSTRIBUTION ACT, 1939
#### ASSAM ACT I OF 1939

###### THE ASSAM CO~IMISSIONERS' POWERS
 DlSTRIBUTION ACT, 1939

[Passed by the Assam Legislature)

[Received the assent of the Governor on the

22nd April 1939]

[PulJlishcd in the Assam _Gazette_ of the 26th April

1939}

###### An Act for the dislt'ibulion of powers of the Commis·

_sio11ers of Divisions in_ _Assam_

Pccamlile. \VUEREAs tl1c Secretary of State has sanction·

cd the aholi lion of the post of the Commission-
er, Surma Valley and Hill Division;

AND WHl!JtF;AS the Governor of Assam has
appointed the Commissioner, Assam Valley

Division, lo exercise jurisdiction in certain

mauers in the Surma \"alley and Hill Division ;

###### Aso \\'JIERE..\S, as a measure of relief to the
Commis,ioner, Assam \·alley Division, it is
e.xptdient to tran~fer his appellate and revisional
powers in Revenue matcers to the Asiam

Revenue Tribunal and to distribute between the
Provincial Government and the Deputy Commis-

sioners or such other authorities as the Provincial
Govc.r nment may direct certain functions hither-

to <>xcrciscd by the Commissioners under the

A~sam Loc:al Self-Government Act, 1915 nnd AJ
the Assam Municipal Act, 1923. or:~~.Act 1
t'\ssam Acl 1
I l _is hereby enacted as follows:-_ of l CJU,

Short title, l. (l) This Act may be called lhc Assam

commence- Commissioners' Powers Distribution Act, 1939 ;
m~nt 1111d

local extt"nC.
(2) lt shall come into force on the lat April
1939; ancl

(3) It extends to the whole of Assam.

Juri5diction 2. Subicct to the next succeeding section
or I he: Com· fi I _J_ f tbi             - I ,
miasiontr a ter t ie commencement o s .;.ct al powers

Assam V~llcy and juri1dic1ions in Civil, Criminal and Revenue

l>ividon, in matters \\hich ba\c heretofore been exercised by

the Surma the Commissioner Surma Valley and Hill Dvii•
Vallfy Md         - ] I I ' d be ____ r_ h
Hill Division. s1on, s 1al >C decme to traJlllcrred to _t_ e
Commissioner, Assam Valley Di\.;sion,or to such
other authority as the Governor may direct.

_Prfr1_ _annas_ _6. ]_ _English_ _64. )_


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2

Con,tru~tic.o 3. (1) Subject to the next succeeding sub·

oclir certain . section and to section 5 of this .\ct, all enact·

r crcncQ rnactmcnc~, 10 m<"nts made by any auL h onty ·                   - an B · · h I ntls n d' 1a

ccc., in forccand all notifications, orders, schemes, rules, forms
in. t~c Com- and bye-laws i~sued, made or prescribed under

mh~ioncr- such enactments, which, immediately before the
s aps. f his A . Ii .
commencement             - t ct, were rn orce an, or

prc.ccribed for, any of the territories in the Surma
Valley and Hill Division, shall in their applica-
tion to such territories as aforesaid be construed

as if references therein to the authoritic!! men1 ion-
ed in column 1 of Schedule A were references to

the authority menlioned opposite thereto in

column 2 of the said Schedule.

(!ommis: . (2) Notwithstanding anything in the prec<'d·

81 0 8

d           - "~ 1Juris·i11g sub-section the Commissioner, Assam Valley

             - llon n D ' . . l 11 h . . d' . .
Revenue ap- 1v1s1on, s la . not ~~e JU.ns icuon to enterta.rn

pcala and appeals or revise dec1S1ons m Revenue cases ans-

rcvisions ing in the Assam Valley Di\'ision or i11 the Sur-

barrcd. ma Valley and Hill Division. Any such jurisdic-

tion as wa-; immediately before Lhc commence-

ment of this Act, Yested in the Commissioner or
a Divii.ion shall, after the commencement of
this Act, be exercised by the tribunal constitut~d ~Geo.
under section 296 of the Government of India               - [2]•

Act, 1935.

Vali~ity or 4. (1) Without prejudice to the continuing

cadwd acts validity of any notilication, appointment, ordcss,
#### :n ~ri~:- schemes, rules, regulations, forms, bye-laws or

' directions issued or determination made by the

Cominissioner of a Division under any enactment

in force in either or both of the two Commis-
sioncrships of Assam before the commencement
of this Act, the Governor of Assam may by notifi-

cation in the Official Gazette at any time and
from time to time after the commencement of

this Act direct that the provisions of any enact•
ments in force as aforesaid shall until amended,
a ltered or repealed by a competem legislature or
other competent authority, be amended, altered,
or repealed iu such manner as may appear to the
Governor to be necessary or expedient to b1 ing
them in to accord with the pro\'bions of this Act
and all notifications, appo ~ntments, orders,
schemes, rules, regulations, forms, bye-laws or
directions issued, made, or prescribed under or
with reference to any such e11actments shall,
except as otherwise provided, be construed as
having effect subject to the adaptation, aJtera1ion

or repeal made in the aforesaid manner. Any

such notilication made by the Governor shall
have effect as if enacted in this Act.


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|l References|2 Con.struclions|
|---|---|
|I. ComP'lissioner 2. Commissioner of a (or the) Division 3. Commissionrr, ~urma Valley and Hill Division.||
||Commissioner, Assam Valley Division, or such other authority as the Governor may direct.|


3

(2) Pending the issue of notifications as

provided in the precediDg sub-section it sha J be

lawful for the Governor to issue from time to
time such orders, the same being consiatant with
the provisions of this Act, as may appear to the
Governor necessary or expedient for the exercise
###### of the powers and the performance of the duties

of the Commissioner, Surma Valley and Hill
Division by the Commissioner, Assam VaJJey

Division, or such other authority as the Governor
may direct.

~r~c:~rncnt 5. The enactments specified in Schedule B

                       - are hereby amended to the extent and in the
manner specified in the fourth column thereof.

SCHEDULE A

_[Ste_ Section 3 _(lj]_

_Cons/ruction of_ _e11aclmmtr_ _etc.,_ _i11foru ill the_ _tnritories_ _rompris1d within_ _tla1_

_Commissionerships_ _of Assam_

l 2

References Con.struclions

#### '

###### I. ComP'lissioner

2. Commissioner of a _(or the) Division_ Commissioner, Assam

Valley Division, or such
other authority as the
Governor may direct.

3. Commissionrr, ~urma Valley and

Hill Division.


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###### SCHEDULEB

_(Su Section 5)_

2 3 '

Year No. Short title Amendments

1897 x The General Clauses In section 4(13), after the words

Act. "a division" the words "and

shall inclu1Je th,e Assam Reve-

nue Tribunal while exercismg

jurisdiction heretofore exercis-
ed by a Commissioner in

appeals and revisions in
Revenue cases" shall be

inserted.

1915 II The Assam General In section 4(13), after the words

Clauses Act. "a division" the words "and

shall include the Assam
Revenue Tribunal while
exercising jurisdiction hereto·
fore exercised by a Commis-

sioner in appeals and revisions
in Revc-nue cases" shall be
inserted .

###### ..

A. C. P. (leg.) No.67 /S0-100-28-7-1951.


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