The Assam State Acquisition of Lands Belonging to Religious or Charitable Institution of Public Nature Act, 1959

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 inc ome 
P1ovided always that-
Thir ty-four Nay e 
Pais e in the rup ee 
.. . Thi rty-ei ght Na ye 
Paise in tl:e rupc:~ 
(i ) no agricultural Incomc ·1 ax shall be payable on a total 
Agricultural income whi sh 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 exceed s 
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 
[Publi shed in the Assam Gazette, Extra ordinary, dated the 12th Appril 1961] 
An 
Act 
to provide for the acquisition by lhe Sta le of 
lands belonging lo religiou s o r clwrilable 
inslitulions of public nature. 
Preamble. vVhereas it is expedient to acquire the land s 
belonging lo religious or charitable institutions 
of public nature in lhc Stale of Assam in the 
manner h ere inafter 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 called the Assam Stale 
eomru.ence· Acquisition of Lands belonging lo Relig ious or 
mcnt. Charitable Institution of Public Nature A ct , 
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 Gazett e , 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 ~ Acl 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 cont rol and m a nagement of the ptopenies of 
1ha 1 institutio n is ve;tcd whe ther unrkr 1he terms - Ot' 
any enactm ent or f!;Ta•,t or us:iges relating to thi~ 
i1' stitu '. ion er any sch r m e of man ·~ g e rnc ,1t framed by 
a C0urt under secti on 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. establi shed pri ··r to thf: commencement of this 
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 irr espective of d enomination ; 
(d "Ch aritable Ins :itut'on" means an institution 
for c h1ritable purp o'e in ci t. ding rdil"f ot the poor, 
educati on, mrdical relief a nd advancement of a"y 
oth er vbject of 0ubli c utili1y, but does not includ:: 
a purp : se which relates exrlmively to rdigir :us 
teaching or 1-AOr ~ hip er adv ancement of religion ; 
(h) "Reli g 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 publi c Mosques and Durgabs, 
Cur lwaras, church es or similar institutions or endow. 
ments for publi c purpo ses 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 ano ther 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 tim e to 
tirr.c by notification in the officia l 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 
jurisdicti on foe lands arc situated and also in 
the premi ses of the religious and the charitable 
Institution concerned. 
(3) The publication of the notificat ion in 
the official Gazette and the serYice of the sam e 
as provid ed un der sub-sections ( 1) and ( 2) re s­
pectiv ely shall be conclusi,·e · c,·idence of du e 
publication thereof and of notic e to all persons 
affected by such notification. 
Consequ ence 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 und er Section :1, all rights, title and 
interest in the lands of a religious or charitable 
instituti on 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 in stitut ion which has vested in the State, 
shall be enforceable against the int e 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· 
sectio n ~2) which may be pending on the date 
nf vesti ng shail be dropped and shall cease to 
be in force. 
rt~'.~;~;e~ ( s s ~~- 5 .. Notwithstai;<li~g anything contain?d in sub­
sion ot Janj sectio n (1) of Section 3 and sub-sect10n (1) of 
af1cr acqui- Section 4, a religious or charitable instilution 
sion, (incl uding its indi Yiclu al branches, if any) shall, 
with efi ect 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 bef ore the last day of Chaitra, 
136 5 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 tog e ther with the 
compound appurtenant thereto and 
all iands reserved for the r eside nt 
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 suc h lands shall be liable for assess­
me nt 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 
nec esr;ary : 
ProYided th at nothing contained in this sec­
t ion shall be deeme d 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 la n d of relig ious 
t deter1rmna - or charitable institution which has be<'n acqu ired :0. 1 o com· . 
uensatioa und er t h is Act shall be com puted by takmg the 
an the mm- gros s annual income from rent, fisheries, forests, 
rl<r of p11.y- hats bazars fer r ies roads, graz ina r eser Yes, tnea t , ' ' • n 
' min es and m inera ls for the agric ullura l year 
precedin g the elate of notification under Sec­
ti on 3. 
Explan ation.-Fo r tl1e purpose of calculation 
~t gross annua l income from rents d an inst itu­
tion, all arable lands, tenanted or fallow and 
homesteads belonging to such institution, sha ll 
be asse ssed al the prevailing ra te of rent or 
·cvc nu c 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 arr iYccl 
,1 t w ill be th e gross i~ come from rru le . 
(2) From the avC'rage gross income so com ­
pu ted sha ll be deducted the an,rn a l aP10u n t which 
wa1; payable hy tbe religious or cha :·itablc iu-ti­
l utio n for the agricu ltural year pre;::eding the 
date of n oti fi cation under Section 3, as land reYc ­
nu e, cess, royalty, municipal tax, chaukidari tax, 
agr icult ural income-tax or any tax levied by the 
Sta te an d Centra l Gm·ernment, or rent to superior 
landl ord in respect of the land acquired. 
(:-1) A fu r ther amount shall be deducte d from 
th e gro ss income hs lhc cost of management at 
the ra tes giYen below ;-
(a) On th e first Rs.5 .0GO 
of gr oss i ncome ...... . 
(b) On th e next Hs.5,000 
of gross income ....... . 
( c) On th e 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 thereaitc r sh all 
be treat ed as the net income. 
(5) Th e ne t income th us arriYccl at shall he 
~a id in cash a nnua lly af· pe r petu~l ::is com~cnsn­
tH'm to the He ad of lhc insti tut ion for the land s 
.tcquired under thi s Act :' 
Ad-interim 
c omp ~n , a .. 
tio11• 
61 
Proyfr led that if any person is ent itled to a 
share of the in come of any institution or t o a 
lump -sum allowance, under the terms of any 
grant or cndcm ·ment rC'lating to that ins tituti on, 
1h en he shall be paid an equiYa lent share out of 
the perp etual annuity or a lump-s um allow ance 
lo be determined in the manner prescribed : 
Pro Yided further that the. Jump-s um a llowance 
so de1e •·mined shall bear as near ly as poss ible 
tlw s ~ n: e ratio to the perpetual ann ui ty as the 
nllowaPc e drawn prior to the acqu isitio n bea rs 
lo the ne t income as defined in this sec tion . 
fl. Pending investigation and final deter min a­
tion of comp ensation, an ad-inte r im pay ment in 
cash not exc ee ding 75 pci' cent of t he pro bable 
;unount of compen sation may be made af ter a 
prelimin ary C'nquiry on the execu tion by the 
claim ant of an ind emnity bond and suc h 
(!([ -int erim comp ensa tion sh all be deemed to ,be 
part of the comp ens a tion µa yable unde r this Act 
:i nd s:1aJI be decluelccl fr om and adjusted aga inst it : 
Provid ed that interest at the rate of 2 ~ per cent 
per annum sha ll b e payab le on th e bala nce of 
comp ensation remaining unpaid after six months 
from t he date of ::icquisition of the lands. 
Option. of 10. " The re th ere is any building or s tru ct ur e 
removl'ig or crop on the land , which have vested in the b·uld1n "', etc. S l f . . 
on J ~ n d • tate the own er , t 1erco . shall be gIYen the opt10n 
vested in the of removing it within th e presc ribed peri od a nd 
State, if h e fai ls to do so within the said period, it sh all 
be sold in pub lic auction a nd the sale procee ds 
nf ter dedu c 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 •Jcte 1 
tr m com . 
P'r.sation. 
11. EYcry rcli.gious or chari t ab le inst i. tut io n 
who se ri ght s in laPd haYc bee n acquired by the 
State Go,·ernm ent sh all prefer· claim for com pe n ­
~ a tion befor e the Deput y Comm issioner " "ith in 
30 days from the da te of acquisition of such 
rights, and ihe Deputy Commissioner shall dis­
pose of th e c laims acco r d.ing to the pro visi ons o f th is ,\ ct. 
12. Wher e th ere is a ·1'. a rrc•ar of reven ue, local 
ra te, cess or oth er clues lawfully payable to the 
Sta le or Central G1n·ernmen1,. hy a religio us o r 
c1rnr ilab lc ir.sWuti1'11 wh ose l:inds haYe bc nn 
<':::qui re d unr 'er thi ; Ac.:t, the Depu ty Corr:missio­
n er may order that it shall b e realis ed , 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~ am rmnt 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 
\Yit11 aml dispose of the claim. 
(2) The creditor shall be paid out of the 
compensation money to llw extcnl 0f the claim 
t'slahlish cd und er suh -;,ection (1). 
(3) \Yhc"C tlw r 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 credit or 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 
nnn u itY determined by such ofiice r after deduc­
tion of arrears of reYcm1e, if any, und er Sec-
tion 12. 
, ( 5) In case of anv dispute as to the perso n 
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 th e amount shall then be paid in terms 
of the final decision of the Court. 
App ea l. 14. An rippeal agains'. 1·,e order of l'le Deput~· 
l,om mi~ ·sione r or any c iher officer author is ed 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 
Deput y Commi ssione r or a ny oth er officer a utho­
ris ed in thi s beha lf. wh en no appea l i s prefer r ed , 
shall be final. 
:-i ~·tbHent of 1 .J . Subj ect lo the Hmitation prescribed u nder 
acq uire d Secti ou 4 of the Assam Fixation of Ceiling on 
lar,d. wi•h Land Ho ldings Act, 1 \H)6 where the hnd acq uir ed }J C f !O~H iu 
o. cnp ::Hion. u nder this Act is in occupati on of a raiyat on th e 
date of notification under Sec tion ;), it siia ll be 
se ttl ed 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<'mporar ily-Settled Distric ts) 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 Heg ul a­
tion, 1886 and he shal l. upon suc h 
settlement he absolved from th<' obli­
gation, if any. of rendering srn·ices 
or making payment of " bhog" to th e 
institution concerned in Tcspect of his 
holding: 
Proyfr !ed howeYer that notwithstanding any ­
thi ug contained in the Assam · Land and Revenue 
Regu lation., 1886 h is right of transfer of such 
h old ing· shall extend onlv to persons belonging 
to th e sa m e religion as the institution in which 
th e ow ner ship of the land was vested before the 
dat e 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 egul a t ion 
I ot rns6. 
R ·' f u 'at ic n , 
I of 18< 6, 
Regt lati on 
lot 1886. 
A<s< m Ac t 
I of 1920. 
A~s am Act 
· or of an occupancy raiyat as deDne d 
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 
pri vileg ed raiyat or the right of occu­
pancy , then 1•,e land shal1 be settled 
with h im with the status of a sett le­
ment-holder (other than the land-hol­
der) as defined in the Ai'': '.lm Land 
and Re,·enue Regula tion, 1886 or of 
a non -occupanc y tenant und er the 
~ el!u ' .... tion 
I of 1886, 
64 
Goa l para Tenancy Act, 1929 or the 'ss am Ac 
J ofl 929. Sylhet Tenancy Act, 1936. as Lhe case Assam Ac 
may he. xr of 1936. 
Set tle m , nt or" Ui. ( 1) \\'hl're the land acquired under thi. 
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 
homel ess du e 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 
una uth 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 
liable to ejectmenl, '"i lhout prejudice to an.· 
olher act ion that may be taken under the rele-
van t p rovisions of the .\.ssnm Land :rncl Revenue 
Rc'gu lation, 1880 or anv other law fur the time Regu!.tio n 
bC'in g in force . l of . BIJli. 
J 7. Any land acquirccl under l his Act shall be 
liab le to be nsse,;sed to land revcmH' al full ren:­
nue ra te un de r the provis ions of the Assam Land 
and Revrnue Re,{u lation, 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 Sylh c t Tenanc _,. Act. l 93li , as the cnse 
may be, at the same full rate or rntes as are 
app licable to simi lar lands in Ilic neighbour­
J.i.ood. 
Regula ion 
i of !e8>. 
As•a TI ,\rt 
V ITI ,,( 
J 9.:6. 
A•sa rn Act 
I I f 19:l9, 
Ass l'tl ..\ct 
Sub mission l S Th II l {' 1· · J "t l l · · of return s . 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 o r of commencement of this Act submit to the 
. ch'.1rit~ble Dep ut v Commis sioner a return' giving the parti-
X I of 1956. 
mst.iuti on . ., . f II h" l l . . , ·r 11 I cu 1ars< a is Hl1(SJnenl1m11 1;Sp ' c1 ·,,a · t1 n 
lan d (a) se l ecte1.~ for retcnti:.m under Sect ion 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 Comm issioner may obtain the 
mformat~on information required to be sho wn in the return 
thr •lugn t tl · ll f h · f · · otlicr agency. oge 1er w1 l any ·urt er m orma t10n as it may 
be necessar y thr ough an agency as he may fix 
or as the Gove r 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. 
Submission of 20 . ( 1) Ou th e 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 
th e 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 Commissio ner 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 Govern m 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-se clion ( 4) 
shall be final. 
(6) The draft statement sha ll ' then be finally 
prepared in terms of the final order of th e 
Deputy Commissioner or lhe State Govern menl , 
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 
Miscella neous 
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 prefe rred, 
shall be fin.al. 
Bar to iuris• 22. Except as otherwise expressly provided -in 
dicti on 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 Cou rt. 
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) 
obs tru cts or resists the taking by the 
De puty 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 equi red to be submitted under Section 18 
shall be p unishable wilh a fine which may extend 
to on e th ousand r upees. 
Pr~tection or 24. No su it or proceeding or other legal pro­
~cll o nt~k ~ i ~ cee din g s h all lie against any person for anything 
m goo a•t 
1
• whi ch · 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 th e o fficial Gazette, delegate any of its powers 
or fun c tions under . th is Act, other than those 
specill ed in Sec lion 3 and sub -sec tion ( 4) of 
Section 20. to such officer or authority subordi­
na te to it. and subject to such conditions, restric­
tion s an d limi tations , as may be specified in the 
notifi ca tion . 
P wer to 26. Sub ject to any conditions or restrictions 0
.rderfpdroduc·that 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 
pers on Lo pro du ce any documents, paper or 
regis ter whi ch is in his posse~ion or under his 
contr ol. or to fqrnish any information which he 
may th ink necessary for the proper discharge 
of an y dut ies u nder the provisions of this Act 
or an y rul es m ade thereunder. 
~ffi cers ho~d- 27. Any officer or auth'>ri'ty holding an enquiry 10
~0ei~u eriesor h earing an appeal under this Act shall have 
Powe ,ave of th e powe r of a Civil Court under the Code of 
Ciril Courts Civil Pro cedur e, 1908 in respect of,-for enforcing 
a1tcnd3noe, 
etc. (a) enfor cing attendance of any 
ancl hi s exa ro:·1alion on oat h , person 
(b) comp elling produ ction of docum ents , 
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 
amo unts arrear of land revenue. 
under thi11 
Act 
R emol 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 , s uch 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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