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The Assam Land Grabbing (Prohibition) Act, 2010

Assam · state statute
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Registered No. 768-97
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THE ASSAM GAZETTE
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EXTRA ORDINARY
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PUBLISHED BY THE AUTHORITY
410 18  4t «W, 2011, 27 1933 (*f^)
No. 410 Dispur, Friday, 18th November, 2011, 27th Kartika, 193 3 (S.E.)
GO VE RN ME NT  OF AS SAM
OR DE RS  B Y T HE  GO VE RN OR
LEGISLATIVE DEPARTMENT :  :  :  LEGISLATIVE BRANCH
x
NO TIF ICA TIO N
The 18th November 201 1
No. LGL.- 84/2009/12 : The following Act of the Assam Legislative Assembly which received 
the assent of the President is hereby published for general information.
AS SA M AC T N O. XX I OF  2011 
(Received the assent of the President on 28.10.2011)
TH E A SSAM  LA ND  G RA BB ING (PRO HI BITION ) AC T, 2010
 
r - .
2542 THE ASSAM GAZETTE, EXTRAORDINARY, NOVEMBER 18,2011
A N
A C T
Prea mble
Short title, 
extent,
application and 
commencement.
to prohibit the activity of land grabbing in the State o f Assam.
Whereas there are organized attempts on the part ol certain
lawless persons operating individually and in groups to grab, either by 
force or by deceitful means or otherwise, lands wh ether belonging to the 
Government, a Public Sector Undertaking, a local authority, a religious 
or charitable institution or endowment, including a wakf or any other 
private persons or a site of historical monuments etc;
And. whereas it is necessary to arrest and curb immediately such 
unlawful activities of land grabbing;
And whereas public order is adversely affected by such unlawful 
activity o f land grabbers.
It is hereby enacted in the Sixty-first Year o f the Republic of India 
as follows
1 . (1) This Act may be called the Assam Land Grabbing
(Prohibition) Act, 2010.
(2) It extends to the whole of  Assam except the Autonomous 
districts of Karbi Anglong, Dima Hasao and the Bodo Land 
Territorial Council Area:
Provided that the Government may, by notification in  
the official Gazette, extend the operation of  this Act to the 
aforesaid areas also with the consent of  the concerned 
Autonomous Councils as and when considers necessary.

THE ASSAM GAZETTE, EXTRAORDINARY, NOVEMBER 18 ,2011  254?
Definitions.
(3) It shall come into force on such date as the Governm ent may, 
by notification in the official Gazette, appoint.
(4) It applies to all lands situated within the limits of Guwahati 
Municipal Corporation established under the Guwahati 
Municipal Corporation Act, 1969 and the Municipalities and 
Town Committees declared as such under the Assam 
Municipal Act, 1956 and also applies to the rural areas of 
Assam save and except the Autonomous Districts of Karbi 
Anglong, Dima Hasao and the Bodo Land Territorial Council 
Area.
2. In this Act, unless the context otherwise requires ,-
(a) “Government” means the State Government o f Assam;
(b) “Land” includes right in or over land, benefits to arise out o f 
land and buildings, structures and other things attached to 
earth or permanently fastened to anything attached to earth 
and includes standing trees and crops ;
(c) “Land belonging to private person”, means any land 
belonging to, -
(i) a private in div idu al; or
(ii) an evacuee ;
the value or tire extent of  which or the nature of  the evil 
involved shall be of  substantial nature or in the interest of 
justice required ; a
Assam 
Act No . 
I of 
19 73
Assam 
Act N o. 
XV of 
1957

2544 THE ASSAM GAZETTE, EXTRAORDINARY. NOVEMBER 18,201!
(d) “land grabber” means a person or a group of  person who 
occupy or attempt to occupy with or without the use o f force, 
threat, intimidation and deceit, land over which he or they 
have no ownership, title or physical possession and includes 
any person who gives financial aid to any person or group o f 
persons for taking up illegal possession o f land over which he 
or they have no ownership or title and for construction of  
unauthorized structures thereon, or who abets the doing of  
any of  the above mentioned acts, and also includes the 
successors-in-interests;
(e) “land grabbing” means every activity of  land grabber to 
occupy or attempting to occupy with or without the use of 
force, threat, intimidation and deceit, any land (whether 
belonging to the Government, a Public Sector undertaking, a 
local authority, a religions or cheritable institution or 
endowment, including a wakf or any other private person) 
over which he or they have no ownership, title or physical 
possession, without any lawful entitlem ent and with a view to 
illegally taking possession of  such land or creating illegal 
tenancies or lease or licence, agreements or by constructing 
unauthorised structures thereon for sale or hire or use or 
occupation of  such unauthorised structures and the term 
“grabbed land” shall be construed accordingly;
(f) “person” includes a group or body of  persons, an association, 
a local authority, institution or a religious or charitable 
institution or endowment whether incorporated or not;
(g) “prescribed” means prescribed by rules made under this Act;
i

Land Grabbing 
to be unlawful
Prohibition of  
land g rab bin g
THE ASSAM GAZETTE, EXTRAORDINARY, NOVEMBER 18,2011
(h) “Special Tribunal” means a Court o f the District and Sessions 
Judge, having jurisdiction over the area, and includes the 
Additional District and Sessions Judge;
(i) “Special Court” means a Special Court constituted under 
section 14  o f this Act;
(j) “Unauthorized Structures” means any structure constructed 
under the Guwahati Municipal Corporation areas without 
express permission in writing of  the Gauhati Municipal 
Corporation or the Guwahati Metropolitan Development 
Authority constituted under the Guwahati Municpal 
Corporation Act, 1969 and the Guwahati Metropolitan 
Developm ent Authority Act, 1985, respectively, and 
elsewhere without the express permission of  the authority 
concerned, or except in accordance with any law for the time 
being in force in the area concerned.
3. Land grabbing in any form is hereby declared unlawful and 
any act connected with or arising out of  land grabbing shall 
be a cognizable offence unde r the Code of  Criminal 
Procedure, 1973  and punishable under this Act.
4. (I) No person shall commit or cause to be committed land
grabbing.
(2) No person shall, on or after the commencement of  this Act, 
continues to be in occupation, otherwise than as a lawful 
tenant, of  a grabbed land belonging to the Government, State 
Government undertaking, local authority, religious or 
charitable institution or endowment including a wakf, or 
other private person. °<
2545
Assam 
Act No. 
I of  
1973 
Assam 
Act No. 
20 o f 
1987
Act 2 
of  1974

/ I
2546 THE ASSAM GAZETTE, EXTRAORDINARY, NOVEMBER 18, 201 1
Penalty for 5. 
other offence in 
connection with 
land grabbing.
Offences by 6. 
Companies.
(3) Whoever contravences the provisions of  sub-section (1) or 
sub-section (2) shall be guilty o f an offence punishable under 
this Act and on conviction, be punished with imprisonment 
for a term not less than two years, which may extend to five 
years and with fine which may extend to twenty five 
thousand rupees.
Whoever, with a view to grabbing land in contravention of  
the provisions of  this Act or in connection with any such land 
grabbing ,-
(a) sells or allots, or offers or advertises for sale or allotment, or 
has in his possession for the puipose of  sale or allotment, any 
land grabbed;
(b) instigates or incites any person to commit land grabbing;
(c) uses any land grabbed or causes or permits knowingly to be 
used, for purpose connected with sale or allotment; or
(d) causes or procures or attempts to procure any person to do 
any of  the above mentioned acts shall, on conviction be 
punished with imprisonment for a term not less than two 
years which may extend to five years and with fine which 
may extend to twenty five thousand rupees.
(1) If  the person committing an offence under this Act, is a 
company, the company as well as every person in charge of  
and responsible to, the company for the conduct of  its 
business at the time of commission of  the offence, shall be 
deemed to be guilty of  the offence and shall be liable to be 
proceeded against and punished accordingly:
e
1

4
Special
Tribunal
THE ASSAM GAZETTE. EXTRAORDINARY, NOVEMBE R J M O ll ----- 2547
Provided that nothing in this sub-section shall render 
any such person liable to any punishment, if he proves that 
the offence was committed without his knowledge or that he 
exercised all due deligence to prevent the commission of 
such offence.
(2 ) N o tw it h st a n d in g  a nyth in g conta in ed  in su b-secti on  (1) abov e, 
w h e r e  a n y  o f f e n c e  u n d e r  th is  A c t h a s  b e e n  c o m m itte d  b y  a 
co m p an y  an d it is pro ved  th at  th e o ff en ce has  be en  
co m m it te d  w it h th e conse nt or co n n iv an ce of , or th at  th e 
c o m m is s io n  o f  th e  o ff e n c e  is  a ttr ib u ta b le  to  a n y  n e g le c t o n  
th e p a r t o f  a n y  dir ec to r,  m an ag er,  se cre ta ry  o r  o th e r  of fi ce r, 
o f  th e co m pany, su ch  dir ec to r,  m an ag er,  secre ta ry  o r off ic er  
sh all  al so  be  deem ed be guil ty  o f  t h at o ff en ce and sh al l be  
li ab le  t o be  p ro ce eded a g ain st  a nd  p u n is h ed  ac co rd in gly .
E x p la n ati o n  :- F or th e purp o se  o f  th is  se ct io n -
(a) “Company” means any body corporate and includes a firm or 
other association o f individuals, and
(b) “direc tor” in relation to a firm means a  Partner in the firm.
7. There shall be a Special Tribunal for the purpose of  enquiry
into any alleged act of land grabbing and trial of  cases in 
respect of  the ownership and title to or lawiul possession of  
the land grabbed and the court of  District and Sessions Judge 
having jurisdiction over the area shall be the Special Tribunal 
for the purposes of  this Act and shall include Additional 
District and Sessions Judge having jurisdiction over the area.

p j
1
2548 THE ASSAM GAZETTE, EXTRAORDINARY, NOVEMBER 18, 2011
Special 
Tribunals and 
their powers 
and functions.
8. (1) Every Special Tribunal shall have powe r to try all cases
arising out of any alleged act of  land grabbing, or with 
respect to the ownership and title to, or lawful possession of 
the land grabbed whether before or after the commencement 
of  this Act.
(2) The Special Tribunal may, either suo-moto, or on application 
made by any aggrieved person or any office r or authority, 
take cognizance of  and try every case arising out of any 
alleged act o f land grabbing, or with respect to the ownership 
and title to or lawful possession of, the land grabbed, whether 
before or after the commencement of  this Act and pass such 
orders (including orders by way of  interim directions) as it
deem s fit.
(3 ) T he S pecia l T ri bunal,  fo r th e p urp o se  o f  ta k in g  cogniz ance o f  
th e  cas e,  consi der th e lo ca ti on, or ex te n t o r valu e o f  th e land  
all eg ed  to  hav e b een  g ra bbed or o f  th e su bst anti al nat ure  o f 
th e ev il  in volv ed in  th e in te re st  o f  ju sti c e  re q u ir ed  an d an y 
o th er re le van t m at te r in volv ed  in  th e c ase  :
P ro vid ed th at th e S pec ia l T ri b u n al sh al l no t take  
cogniz ance o f  an y su ch ca se  w it h o u t h eari n g  t h e peti ti oner or  
the aggrieved person, as the case may be.
(4) Notwithstanding anything contained in the Code of  Civil A c ,
Procedure, 1908 and the Code o f Criminal Procedure, 197 3 of 1  
Act
any case in respect of  an alleged act of  land grabbing or the o f j 
determination o f questions of  title and ownership to or lawful 
possession of, any land grabbed, under this Act, shall, subject 
to the prov isions of this Act, be triable in the Sp ecial Tribu nal :
o

THE ASSAM GAZETTE, EXTRAORDINARY ■  NOVEMBER 18,201 1 2549
P ro v id ed  th at  if  in  th e o p in io n  o f  the S p ecia l T ri bunal , 
any ap p li cati o n  fi le d befo re  it is p ri n ia  fa cie  fr iv o lo u s or
ve xatio us, it shall rej ect suc h ap plication with ou t an y fur the r 
enq uiry.
(5) The Special Tribunal shall, by notification  to be affixed in the 
office premises of the Special Tribunal, office notice Boards 
of  the Deputy Commissioner’s office and the office of  the 
concerned Circle office under whose jurisdic tion the land  
alleged to have been grabbed is situated, specify the fact of  
taking cognizance of the case unde r this Act. Such 
notification shall state that any objection  which may be 
received by the Special Tribunal front any person including 
the custodian of  evacuee property within the period specified 
therein will be considered by i t :
Provided that where the custodian of  the evacuee 
property objects to the Special Tribunal taking  cognizance of 
the case, the Special. Tribunal shall not proce ed further with 
the cage in regard to such property :
Provide d also tha t th e Sp ec ial  Tr ibun al sh al l cau se a 
no tic e o f  tak ing co gn iza nc e o f the  ca se  un de r this Act  served 
o n  a n y  per so n know n o r b eli ev ed  to  b e  in te re st ed  in th e la nd ., 
aft er a p re li m in ary  en quir y to  sa ti sfy  it s e lf  a b o u t th e per so n 
li k ely  to  b e in te re st ed  in  th e la nd. A n y  o b je cti o n  re ceiv ed by  
th e S p ecia l T ri bunal  fr om  an y  p ers o n  w it hin  th e pe riod
sp eci fi ed will  be  c o n si d ere d  by it.
6

2550 THE ASSAM GAZETTE, EXTRAORDINARY. NOVEM BER IS. 201 1 L
(6) Notwithstanding anything contained in the Code of  Criminal
Procedure, 1973, it shall also be lawful for the Special Act  2 
of 19 74
Tribunal to frame charge and try all offenc es punishable 
under this Act, if in the opinion of  the Special Tribunal it is 
so necessary after delivery of  its decision and order in the 
Civil liability where prima-facie it appears to the Special 
Tribunal that a particular person or a group of  persons are 
responsible for commission of an offence of  land grabbing 
punishable under this Act.
(7) Every finding of  the Special Tribunal in a trial under this 
section with regard to any alleged act of  land grabbing, 
ownership and title to, or possession o f the land grabbed shall 
be conclusive proo f o f the fact of  land grabbing, and of  the 
persons who committed such land grabbing, and every 
Judgement of  the Special Tribunal with regard to the 
determination of  title and ownership to or lawful possession 
of  any grabbed land shall be binding on all persons having 
interest in such land.
(8) Every case under sub-section (I ) shall be disposed of by the 
Special Tribunal as far as possible within a period of  twelve 
months from the date o f institution of  the case before it and a 
proceeding under sub sectrion ( 6 ) shall be disposed of as far 
as possible within a period of  six months from the date of 
framing of  the charges against the pers on or persons 
responsible for alleged commission or abetment of  the 
offence punishable under this Act.

THE ASSAM GAZETTE. EXTRAORDINARY, NOVEMBER 18.2011 255 1
(9) It shall be lawful for the Special Tribunal to pass such order 
as it may deem fit in the interest of  justice. It may award 
compensation in terms of  money for wrongful possession of  
the grabb ed land which shall not be less than an amount of  
equivalent to the market value of  the land so grabbed as on 
the date of  the order and the profits accrued from the land, 
payable by the land grabber to the owner o f the grabbed land 
and may direct redelivery of  possession of  such land to its 
rightful owner. The amount of  compensation and profits, so 
awarded and cost of  redelivery, if  any, shall be recovered as 
an arrear of  land revenue in case the Government is the 
owner, or as a decree of  a Civil Court in any other cases. It 
may also impose such punishment to a land grabber for 
Commission of any offence pun ishable under this Act.
Spec ial 9.
Tribunal to 
have  the powers 
of the Civil 
Court and the 
Court of 
Ses sion .
Save as expressly provided in this Act, the provisions of  the A  < .
Code of  Civil Procedure, 1908 and the Code of  Criminal 19 08
and  Act
Proced ure, 1973, in so far as they are not inconsistent with 2 of 
the provisions of  this Act, shall apply to the proceedings ^7 4.  
before the Special Tribunal mutatis mutan dis and for the 
purpose of  the provisions of  the said enactment, Special 
Tribunal shall be deemed to be a Civil Court, or as the case 
may be, a Court o f Session and shall have all the powers of  a 
Civil Court a nd a Court of  Session and the person conducting 
a procecution before the Special Tribunal shall be deemed to 
be a Public Prosecutor.

k
IHE ASSAM GAZETTE, EXTRAORDINARY, NOVEMBER 18,2011
Procedure to be 
followed by 
Special 
Tribunal
10 . (1) Save as otherwise provided in this Act, a Special Tribunal
shall, in the trial of case relating to any alleged act of  land 
grabbing, or with respect to the ownership and title to, or
lawful possession o f the land grabbed, whether before or after 
the commencement of  this Act, which involves civil liability, 
follow  the procedure prescribed in the Code of  Civil 
Procedure, 1908 and in the trial of  cases relating to alleged
Act 5  of 
19 08
offence of  land grabbing involving punishment prescribed
under this Act, follow the procedure o f the Code of  Criminal
Procedure, 1973 .
(2) After-taking cognizance of  a case under sub-section (2) of  
section 8, the Special Tribunal shall try and dispose of  the 
civil liability at first and decide and pass order as to the tiitle, 
ownership and lawful possession o f the grabbed land whether 
before or after the commencement of  this Act as it deems fit . 
After completion of the civil proceeding, if  the Special 
Tribunal decides and pass order that the land in question has 
been grabbed, the Special Tribunal may order that the 
possession of  the land be restored to the perso n whose land 
has been grabbed after evicting the land grabber or any other 
person who may be in possession of  the land, if  necessary by 
use o f such force as may be required for the purpose :
Provided that execution of  the order for restoration of  
the possession of the grabbed land shall not be made till 
expiration of the period of  appeal provid ed under section 13  
of  the Act. If within a reasonable time after the expiry of  the 
appeal period no order o f stay o f execution has been received 
from the Special Court or produced before the Special 
Tribunal by any of the parties to the case, the Special 
Tribunal shall proceed for execution of  its order and 
simultaneously frame charge against the land grabber to 
prosecute him for the alleged act o f land grabbing :
Act 2  of 
19 74
i

THE ASSAM GAZETTE, EXTRAORDINARY, NOV EMBER 18,2011
Provided further that in the event of  preferring an 
appeal from the order of  the Special Tribunal before the 
Special Court where stay of execution of  the order has been 
made by the Special Court, the Special Tribunal shall not 
further proceed in the proceeding to prosecute the land 
grabber till final disposal o f the appeal by the Special Cou rt:
Provided also that after hearing the appeal, if  the 
Special Court decides the appeal against the alleged land 
grabber, in that event charge for prosecution against the land 
grabber shall be framed by the Special Tribunal and proceed 
with the criminal proceeding for prosecution  of  the land 
grabber.
(3) The evidence admitted during the civil proceeding may be 
made use of  while trying the criminal proceeding in addition 
to the additional evidence adduced by the parties in the 
criminal proceeding.
(4) Any person, accused of  land grabbing or the abetment thereof 
before the Special Tribunal, shall be a competent witness for 
the defence and may give evidence on oath in dispro of of  the 
charge made against him, or any person charged together 
with him in the criminal proceeding :
Provided that he shall not be called as a witness except 
on his own request in writing or his failure to give evidence 
shall be made a subject of any comment by any of  the parties 
or the Special Tribunal or give rise to any presumption 
against him self or any person charged together with him at 
the same proceeding.
2553
i

2554 TIIE ASSAM GAZETTE, EXTRAORDINARY, NOVEMBER 18,2011
Burden of proo f
Transfer of 
cases
Appeal
(5) The Special Tribunal shall, before passing an order under this 
Act give to the land grabber an opportunity of  making his 
representation or o f adducing evidence, if  any, in this regard, 
and consider every such representation and evidence.
11 . Where in any proceeding under this Act, a land is alleged to 
have been grabbed, and such land is prima-facie proved to be 
the land owned by the Government or by a private person, the 
Special Tribunal shall presume that the person who is alleged 
to have grabbed the land is a land-grabber and the burden of  
proving that the land has not been grabbed by him shall be on 
such person.
12 . Any case pending before any Court or other authority 
immediately before coining into force of  this Act which 
involves any act of land grabbing, shall stand transferred to 
the Special Tribunal within whose juris diction the alleged 
grabbed land is situated.
13. (1) Any person, aggrieved by the Judgement and order (not being
an interlocutory order) of  the Special Tribunal, may prefer an 
Appeal before the Special Court on any que stion of law or o f 
fact. Notwithstanding anything to the contrary contained in 
the Limitation Act, 1963, an appeal under this section shall 
be preffered it within a period of  sixty days from the date of  
passing of  the Judgement and order by the Special Tribunal.
(2) Separate Appeal shall lie against the respective Judgement 
and order of the Special Tribunal passed in respect of  the 
civil proceeding as well as in crimianl proceedings 
respectively under this Act and the period of sixty days shall 
bd reckoned from the respective date of  Judgement and order 
passed in each o f the proceedings.
Act  No. 
XXX VI 
of
19 63 .

Constitution of  
the Special 
Court
THE ASSAM GAZETTE, EXTRAO RDINARY, NOVEMBER 18, 201 1 2555
(3) The Special Court shall dispose of  the appeal within a period 
of  six months from the date of filing the appeal and forward a 
copy of  the order to the concerned Special Tribunal under 
whose jurisd iction the grabbed land is situated for Lh eir 
taking necessary action, if any.
14 . (1) The Governm ent shall, for the purpose of  entertaining and
disposal of  appeals arising out of any Judgem ent and order o f 
the Special Tribunal, by notification published in the Official 
Gazette, Constitute a Special Court for the  whole o f the State 
of  Assam.
(2) A Special Court shall consist o f a Chairman and two other 
members to be appointed by the Government.
(3) The Chairman shall be a person who was o r has been a Judge 
of  the High Court and of  the other two members, one shall be 
a person who was or has been a District and Sessions Judge 
(hereinafter referred to as Judicial Member) and other sliall 
be a person who was or has been a member of the Indian 
Administrative Service holding or has held a post not below 
the rank of  Secretary to the Government with Special 
Knowledge or experience in revenue matters (hereinafter 
referred to a  Revenue M em ber):
Provided that the appointment of  a perso n who was a
Judge of  the High Court as the Chairman or a District and
Sessions Judge as a mem ber respectively of  the Special Court
shall be made after consultation w(Jh the Chief Justice of  the 
*  ■
Gauhati High C ou rt:

1
2556 THE ASSAM GAZETTE, EXTRAORDINARY, NOVEMBER 18 . 201 1 I
Provided further that where a sitting Judge of  the High 
Court is to be appointed as a Chairman such appointment 
shall be made after nomination by tire Chief Justice of  the 
Gauhati Hig h Court with the concurrence of  the Chief Justice 
of  India.
(4) The salary and allowances of  the Chairman and the members 
of  the Special Court shall be such as may b e prescribed.
(5) No person shall be retained as a Chairm an of  the Special 
Court after he has attained the age of  sixty five years and as a 
member after he has attained the age o f sixty two years.
(6) The Chairman or other members shall hold office as such for 
a te rm 'of 3  (three) years from the date on which he enters his 
office :
Provided that the Governm ent may re-appoint the 
Chairman or any. other members after expiry of  the original 
term of  three years unless such Chairman or m ember has not 
attained the age of  sixty five years or sixty two years 
respec tively :
Provided further that while making  re-appointment of 
Chairman or any other member, the provisions provided 
under the provises o f sub-section (3) shall be followed.
(7) The quorum to constitute a meeting of  the Bench of  the 
Special Court shall be two.
Special Court to 15. (a)
make
regulations.
The Special Court may, by notification published in the
Official Gazette^ make regulations, not inconsistent with the
provisions of  this Act or the rules made thereunder, relating 
<to the procedure to be followed for the conduct of  the cases
and for regulating the man ner o f taking decisions.

i
THE ASSAM GAZETTE. EXTRA ORDIN ARY. NOVEMBER 18, 2011 2557
Special Court to 
have the powers 
of  the Civil 
Court and the 
Criminal Court.
Staff of the 
Special Court
(b) The Special Court may cause a public notice of  the substance 
of  such regulations for the information of  the general public.
(c) All regulations made by the Special Court unde r this section 
shall, as soon as may be after they are made, be laid before 
the Assam Legislative Assembly 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 
their publication  in the Official Gazette subject to such 
modification or annulments as the Assam Legislative
Assembly may, during the said period agree to make, so
* •
howev er that any such modification or annulment shall be 
without prejudice to the validity o f anything previo usly done 
thereunder.
16. Save as expressly provided in the provisions of  the Code of  
Civil Procedure, 1908 and the Code of Crimina l Procedure,
1973, in so far as they are not inconsistent with the provisions 
of  this Act, shall apply to the proceeding before t he Special 
Court mutatis mutandis and for the purposes of  the provisions 
of  this Act, the Special Court shall be deemed to be a Civil 
Court, or as the case may be, a Criminal Court and shall have 
all the powers of  a Civil Court and a Criminal Court 
competent to hear and dispose of  Appeal. The persons 
conducting a prosecution before the Special Court shall be 
deem ed to be a Public Prosecutor,
17 . (1) The Chairman of  the Special Court may appoint officers aud
other employees required to assist the Special Court in the 
discharge o f its functions under this Act.
Act 5 
of  1908 
and Act 
2 of 
1974

2558 THE ASSAM GAZE1TE, EXTRAORDINARY. NOVEMBER 18, 201 1
Persons acting 18 . 
under the A ct to 
be public 
servants.
Protection of  19. 
persons acting 
in good faith.
Prohibition o f 20. 
alienation o f 
grabbed land.
Functions under 21. 
certain Acts to 
continue.
(2) The categories of  officers and other employ ees who may be 
appointed under sub-section (1), their salaries allowances and 
other conditions of  service, and the administrative powers of 
the Chairman of the Special Court shall be such as may be 
prescribed, after consultation with the Chairman.
Any person acting under this Act shaU be deemed to be a 
public servant within the meaning of  section 21  of  the Indian 
Penal Code.
No suit, prosecution or other legal proceeding shall lie 
against any officer or employees of  tire Special Court or any 
officer of  the Government for anything which is in good 
faith done, or intended to be done unde r this Act or the rules 
made there under..
Any transaction relating to-an alienation of a grabbed land or 
any part thereof by way of sale, lease, gift, exchange, 
settlement, surrender, usufructuary mortgage or otherwise, or 
any partition effected or a trust created in respect of such land 
which has taken place whether before or after the 
commencement of this Act shall, except, ordered by the 
Special Court or Special Tribunal, be null and void. 
Notwithstanding anything contained in this Act, the Assam 
Board of Revenue constituted under the Assam Board of  
Revenue Act, 1962 and Officers authorised under the Assam 
Land and Revenue Regulation, 1886 and the Rules framed 
thereunder, the Assam Fixation of  Ceiling on Land Holding 
Act, 1956, the Assam (Temporarily Settled Areas) Tenancy 
Act, 1971 , shall continue to’ discharge their functions under 
the respective Act.
Act.45 
of  1860
Assam 
Act 21  
of 1962
Regulat 
ion 1  of  
1886 
Assam 
Act 1  of  
1957
Assam 
Act 23 
of  1971

J THE ASSAM GAZETTE. EXTRAORDINARY, NOVEMBER 18,2011 2559
Power to make 22. (1) The Government may, by notification in the Official Gazette,
m l e s ' make rules for carrying out all or any of  the purposes of  this
Act.
(2) All rules made by the State G overnment under this Act shall, 
as soon as may be after they are made, be laid before the 
Assam  Legislative Assembly, 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 annulm ents as the 
Legislative Assembly 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.
MOU.D, A. HAQUE,
Secretary to the Govt, of  Assam, 
Legislative Department, Dispur.
Guw ah atiP rint ed  and Published by the D y.  Director (P.&S .), Directorate o f Ptg. & Sty, Assam, Guwahati-?!
(Ex-Gazette) No. 8 19-600+30+10-18-11-2011.

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