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 sanctio n· 
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 certa in 
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 revisiona l 
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 1 the Assam Municipal Act, 1923. or:~~.Act 
t'\ssam Acl 1 
I l is hereby enacted as follows:- of l CJ U, 
Short title, l. (l) This Act may be called lhc 
commence- Commissioners' Powers Distribution Act, 
m~nt 1111d 
Assam 
1939 ; 
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. ) 
\ 
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 10 h · · B · · h I d' rnactmcnc~, m<"nts made by any auL onty an ntls n 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 •i 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 col umn 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· 
d
81
•
0
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8 
1Juris·i11g sub-section the Commissioner, Assam Valley 
•cllon n D ' . . l 11 h . . d' . . Revenue ap- 1v1s1on, s la . not ~~e JU.ns icuon to enterta.rn 
pcal a 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 val idity 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
sion crships 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 un til amended, 
altered 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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(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 
man ner 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 
References 
I. ComP'lissioner 
2. Commissioner of a (or the) Division 
3. Commissionrr, ~urma Valley and 
Hill Division. 
2 
Con.struclions 
Commissioner, Assam 
Valley Division, or such 
other authority as the 
Governor may direct. 
Year 
1897 
1915 
2 
No. 
x 
II 
SCHEDULEB 
(Su Section 5) 
3 
Short title 
The General Clauses 
Act. 
The Assam General 
Clauses Act. 
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Amendments 
In section 4(13), after the words 
"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. 
In section 4(13), after the words 
"a division" the words "and 
shal l 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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