The Assam State Acquisition of Lands Belonging to Religious or Charitable Institution of Public Nature Act, 1959
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 Thir ty-four Nay e

Paise in the rupee

_(b)_ The total income of which exceeds

Rs.1,00,000.

On the whole of total income .. . Thirty-eight Na ye

Paise in tl:e rupc:~

P1ovided always that-

(i ) no agricultural Incomc·1 ax shall be payable on a total
Agricultural income whish does not, exceed Rs 3,000; an d

(ii) the Agricultural Income-tax payabl t: 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.


-----

(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.

Definitions 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 sioner" means De;iuty C0 m·

mi>sic·ner of the district 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 per s o ~ , by whatever cesignation known in
whom the control and m anagement of the ptopenies of
1ha 1 institutio n is ve; tcd w he ther unrkr 1he terms - Ot'
any enactm ent or f!;Ta•,t or us:iges relating to thi~

i 1' stitu '. ion er any schrm e of man ·~ g e rnc ,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

##### I Act a1 d exis1ing at the dat e 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,
educati on, mrdical relief a nd advancement of a"y
other vbject of 0 ublic 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

           - lal-aulad) including publi c 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.

##### '


-----

CH\PTER II

'.Notification 3. (1) The State Government may, from time to

of acqui;i- tirr.c by notification in the official Guette ( C( a e
t:on. 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 premi ses _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-nstitution 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


-----

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

sio n, (including its indi Yiclual branches, if any) shall,
with efiect from the elate of vesting , be entitled
to retain possess ion of-

(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 :

###### Pro vided that the right of mYnership or posses-

sirm uf such lands shall not be transferable or ,

a liennblc ;

(ii) tea gardens land :

Provided such lands shall be liable for assess-

ment to full revenue rate under any exi'S!ing

law.

Ta ·ing po ;- fl. The Deputy Commissioner may, at any time

sess1cn. 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;a ry :

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~ whose lands h ave bPcn acquired unuer ~ t e prov1-h .

~: {)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 ). The gross income of the land of relig ious

rmna- or charitable institution which has be<'n acquired
t :0[deter]. 1 o co1 m· .

uensatioa under this Act shall be com puted by takmg the

an the mm- g ross annual income from rent, fisheries, forests,

rl<r of p11.y- hats ba zars fer ries roads, grazina r eserYes,
**tnea t** , ' '                                                - _n_
' mines and m inerals for the agricullural year

preceding the elate of notification under Sec-

tion 3.

_Explanation.-For_ tl1e purpose of calculation

~t gross an nual income from rents d an inst itu-

tion, all arable lands, tenanted or fallow and

homesteads belonging to such institution, shall

be assessed al the prevailing ra te of rent or

                                      - vc nuc whichever is higher for similar land

,n the neighbourho od and n0arest lo it and t he

: o t~i l amo un t for lhe pre,·ious year thus arriYccl

,1 t will 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-
lution for the agricu ltural year pre;::eding the
date of n otifi cation under Section 3, as land reYc-
nue, cess, royalty, municipal tax, chaukidari tax,
agricultural in come-tax or any tax levied by the
Sta te and Central Gm·ernment, or rent to superior
la ndlord in respect of the land acquired.

(:-1) A fu r ther amount shall be deducte d from

the gross income hs lhc cost of management at

the ra tes giYen below ;-

_Rate_

(a) On the first Rs.5 .0GO No deduction.

of gr oss income ...... .

(b) On th e next Hs.5,000 At fi1·e per cent

of gross income . ...... . of the gross in-

come .

( c) On the balance of At ten .p er cent
gross income .... . ...... . of the gro15s in-

come.

( 4) The balance remaiAing thereaitcr sh all

be treated as the net income.

(5) Th e ne t income th us arriYccl at shall he

~a id in cash annually af· pe r petu~l ::is com~cnsn­
tH'm to the Head of lhc insti tution for the la nds
.tcquired under this Act :'


-----

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 tituti on,

1hen he shall be paid an equiYalent share out of

the perpetu al annuity or a lump-sum allow ance
lo be determined in the manner prescribed :

ProYided further that the. Jump-sum allowance
so de1 e•·mined shall bear as nearly as possible

tlw s ~ n: e ratio to the perpetual annui ty as the

nllowaPc e drawn prior to the acquisitio n bears
lo the ne t income as defined in this section .

Ad-interim

c omp ~n , a .. fl. Pending investigation and final d etermin a-

**tio1** **[1]** **•** tion of compensation, an _ad-inter im_ pay ment 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 ind emnity bond and such

_(!([-int erim_ compensation shall be deemed to ,be
part of the compensa tion µa yable u nder this Act

:i nd s:1aJI be decluelccl from and adjusted aga inst
it :

Provid ed that interest at the rate of 2~ per cent
per annum shall be payable on th e balance 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

b·uld1n"', removl'ig etc. or S crop on the landl , which f have . vested in the .

on J~ n d        - tate the own er , t 1erco . shall be gIYen the opt10n

vested in the of removing it within the prescribed period a nd

Sta te , if he fails to do so within the said period, it shall
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 . 11. EYcry rc li.gious or charit able insti. tut ion

ti on. whose right s in laPd haYc been acquired by the

State Go,·e rnment shall prefer· claim for com pen -

~ a tion before the De puty 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.

Arrer of
re venue , 12. Where there is a ·1 '. arrc•ar of reven ue, local
etc.,to be ra te, cess or oth er clues lawfully payable to the

ded•Jcte1 Sta le or Central G1n·ernmen1,. hy a religious or

tr m com.

c1rnrilablc ir.sWuti1' [1]1 wh ose l:inds haYe bc nn

P'r.sation.

<':::qui red unr'er thi ; Ac.:t, the Depu ty Corr: missio-

ner may or der that _it_ shall b e realised , without


-----

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~ am rmnt of c~ .mpensation by more than 25 p er
cent of the to td amount of annual compensa-
tion payable.

Claims to 13. ( l) \Vhere any land acquired under this
creditors. 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 [1]1 aml dispose of the claim.

(2) The creditor shall be paid out of the

compensation money to llw extcnl 0f the claim
t'slahlishcd und er suh -;,ection (1).

(3) \Yhc"C tlwre 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,om mi~                              - ione 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 or der, 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 preferred,
shall be final.

:-i ~·tbHent of 1 .J . Subj ect lo the Hmitation prescribed u nder

acq uired Secti ou 4 of the Assam Fixation of Ceiling on

}Jlar,d. wi•h C f !O~H **iu** Land Holdings Act, 1 \H)6 where the hnd acq uir ed

o. cnp ::Hion. und er this Act is in occupation of a raiyat on the
date of notification under Sec tion ;), it siiall be Am m Act
settl ed wi th him, with              - he following status. :- I ofl 9 17.

(a) if he has acquired the status of a

pri;vileged rai~·a t under the Assam

(T<'mporarily-Settled Districts) Tenan-
cy Act, 1935 then - the land in

As;am Ac t

his holding as privileged raiyat l I of 1935.
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- R egul a t ion
gation, if any. of rendering srn·ices I ot rns6.

or making payment of " bhog" to th e

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 same religion as the institution in which
the owner ship of the land was vested before the R ·' f u 'at ic n ,

dat e of nolificatiou under Section 3 of this _I_ of 18< 6,

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

Regt lati on

                               - or of an occupancy raiyat as deDned

lot 1886.

in thP Goalr::ira Tenancy Jc!; , 1029 or A<s< m Ac t
the Sylhet Tenancy Act , 19:~6, as the I of 1920.
case m ay be ; A~s am Act
XI of 19 36.

(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
w ith him 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 ~ el!u ' .... **tion**

I of 1886,

a non -occupancy tenant under the


-----

Syl het Tenancy Act, 1936. as Lhe case Assam J ofl 929. Ac
may he. xr of 1936.

Set tle m, nt o r" Ui. ( 1) \\'hl're the land acquired under thi.

un,,ccu p ed Act is n ot 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,-

(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 op eration 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
t ake 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 ng in force . l of . BIJ li.

As<essmt;nt

J 7. Any land acquirccl under l his Act shall be

of rbe Jan i

a cqu ired. liable 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 Regula ion

i of !e8>.

the provisions cf the Go:-dpara T<>nancy Act. As• a TI _,\rt_

19'.!0 or the Sylh ct Tenanc_,. Act. l 93li, as the cnse V ITI _,,(_

may be, at the same full rate or rntes as are J 9.:6.
applicable to similar lands in Ilic neighbour- A•sarn Act

J.i.ood. I I f 19:l9,

Ass l'tl ..\ct

X I of 1956.

Subof miretssiurnon s l S . Th c II cac l o a {' re 1· 1 g·JOv~ · or c.rnn J "t a) l l e 1nsh-·                                                                  -

the H eaas 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 Deput v Commissioner a return' giving the parti-

mst.iuti on. ., . f II h" l l . . ,                                    - 11 I
cu 1ars< a is Hl1(SJnenl1m11 1;Sp ' c1 ·,,a                               - t1 n

lan d (a) se l ecte1.~ for retcnti:.m under Section 5,


-----

!9.


Act -

!9.

Act (b) axea under occupation of tenants and (c) noC

36. 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

otlicr thr•lugn agency. t oge 1er tl w1 · ll l any f ·urt h er m · f 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.

n

(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


-----

(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 it 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

Appeal.

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.

23. (1) Whoever-

Pena[1]ties, (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


-----

(iii) obs tructs or resists the taking by the

Dep uty Commissioner of any land

which has vested in the Stale under
this Act, or

(iv) 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 u pees.

(2) Any person who fails Lo submit any

1e turn required to be submitted under Section 18
shall be pu nishable wilh a fine which may extend

to on e thousand r u pees.

Pr~tection or 24. No su it or proceeding or other legal pro-

~cllont~k ~ i~ 1 ceedin g shall lie against any person for anything

m goo a•t       - which · is in good faith clone or intended to b~

done in pursuance of any of the provisions of

this Act, or any order made thereunder.

Th· legation
of Powers. 25. The State Government nrn.:-.r, by notification

in the offi cial Gazette, delegate any of its powers
or fun ctions u nder . 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 an d limi tations , as may be specified in the
notifi ca tion .

0 P wer to 26. Subj ect to any conditions or restrictions
.rderfpdroduc·that m ay be prescribed, the Deputy CommissiO-
oon o ocu-       - f tl f h. A · .
ments, etc, ner m ay, or 1e purpose o _t_ 1s ct, require any

pers on Lo produce any documents, paper or

register whi ch is in his posse~ion or under his
control. or to fqrnish any information which he
may think necessary for the proper discharge

of any dut ies u nder the provisions of this A ct
or any rules m ade thereunder.

10~ffi cers ho~d- 27. Any officer or auth'>ri'ty holding an enquiry
~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 Pro cedure, 1908 in respect of,- Act V of
for enforcing 19'18.

a1tcnd3noe,

etc. (a) enforcing attendance of any

ancl his exaro :·1a li on on oath , [person ]

(b) compelling production of d ocum e nts ,

and


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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

Remol al of 29. If any difficulty arises in g1vmg effect to

di fficulties. 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.


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