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Pre. Notification No. RRT.17/2009/165, dated the 20th September, 2013

Notification No. RRT.17/2009/165, dated the 20^th September, 2013.- In exercise of powers conferred by sub-section (1) of Section 22 of the Assam Land Grabbing (Prohibition) Act, 2010 (Assam Act No. XXI of 2011), the Governor of Assam is hereby pleased to make the following rules. namely:-

R.1 Short title and commencement

1. Short title and commencement.-(l) These rules may be called the Assam Land Grabbing (Prohibition) Rules, 2013.

(2) They shall come into force on the date of their publication in the Official Gazette.

R.2 Definitions

2. Definitions.-In these rules, unless the context otherwise requires,-

(a) "Act" means the Assam Land Grabbing (Prohibition) Act, 2010 (Assam Act No. XXI of 2011);

(b) "Chairman" means the Chairman of the Special Court;

(c) "Form" means the form appended to these rules;

(d) "Lot Mandai" means a mandai holding the charge of a "Lot" in a Revenue Circle;

(e) "Member" means the Member of the Special Court;

(f) "Presiding Officer" means the concerned District and Sessions Judge including the Additional District and Sessions Judge of the District designated as the Special Tribunal under Section 7 of the Act;

(g) "Registrar" means the Registrar of the Special Court;

(h) "Revenue Circle Officer" means a Revenue Circle Officer holding the charge of a Revenue Circle;

3. Procedure for making application before the Special Tribunal.-(1) Every application to be made before the Special Tribunal under sub-section (2) of Section 8 of the Act, shall be in Form I and shall be duly signed and verified by the applicant.

(2) Every such application shall be presented, in person or by an authorized agent or by an Advocate, to such officer of the Special Tribunal as may be authorized in this behalf by the Presiding Officer of the Special Tribunal.

(3) On receipt of the application, the officer receiving the application shall give a receipt acknowledging the receipt of the application and immediately register the case in the case Register maintained for the purpose and record the case number on the application so received for presenting the same before the Presiding Officer for taking cognizance of the case in accordance with the provisions of the Act.

R.4 Court Fee

4. Court Fee.-Every application/petition and other representation tiled before the Special Tribunal and also appeals preferred/filed before the Special Court shall be filed affixing such court fee stamp of the amount as may be required in case of an application filed before a Judicial Court under the Court Fees Act, 1870 (Act No. VIII of 1870) as applicable in the State of Assam.

R.5 Procedure of the suo-moto action by the Special Tribunal

5. Procedure of the suo-moto action by the Special Tribunal.-Where a Special Tribunal desires that any case should be taken cognizance of suo-mota under sub-section (2) of Section 8 of the Act, it may record a statement of facts within its knowledge and information and register a case and issue notice to the alleged land grabbers, aggrieved persons and such other persons as may be deemed necessary, to appear before the Special Tribunal and make their representation for necessary hearing for taking cognizance of the case and to decide the same in accordance with the provisions of the Act.

R.6 Verification application

6. Verification application.-(1) Every application filed under sub-section (2) of Section 8 of the Act or every case taken cognizance of suo mota by the Special Tribunal, may be referred for local inspection or verification or both by the Revenue Circle Officer having jurisdiction over the area or by any other Officer of the Government authorized by the Special Tribunal in this behalf.

(2) The Revenue Circle Officer or any other Officer authorized by the Special Tribunal to whom the application has been referred under sub-rule (1), shall make or cause to be made an inspection or verification or both, as soon as may he practicable and shall submit a full and complete report within two weeks from the date of receipt of order with reference to revenue records and facts on ground as to the following:-

(i) the correctness of the statements made in the application;

(ii) the facts relating to owne

R.7 Notification of taking cognizance of a case

7. Notification of taking cognizance of a case.- The Special Tribunal shall, after taking cognizance of the case under the Act, give notification in Form-II as required under Section 8(5) of the Act.

R.8 Notice to persons interested in land

8. Notice to persons interested in land.-The Special Tribunal shall give notice in Form-III to the persons known or believed to be interested in the land.

R.9 Notice to the land grabber

9. Notice to the land grabber.-The Special Tribunal shall, after taking cognizance of the case, give notice to Land Grabber in Form- IV.

R.10 Filing of written representation

10. Filing of written representation.-The respondent or interested party may, and if so directed by the Special Tribunal shall, file written representation before the Special Tribunal within a period of fourteen days from the date of receipt of notice or such extended time as the Special Tribunal may grant in this behalf.

R.11 Withdrawal of the case from the Special Tribunal

11. Withdrawal of the case from the Special Tribunal.-A petition for withdrawal of a case pending before any Special Tribunal shall be made before the Special Tribunal accompanied by an affidavit stating the reasons of the withdrawal of the application. Notice of the withdrawal accompanied by the withdrawal petition shall be served on the respondents and other interested parties before hearing of the matter by the Special Tribunal and passing order in this regard.

R.12 Procedure for delivery of possession

12. Procedure for delivery of possession.- The Special Tribunal shall communicate its final decision or order to the parties concerned and take appropriate steps for execution of the order in accordance with the procedure as provided in the Code of Civil Procedure, 1908 (Act V of 1908) as authorized in the Act.

R.13 Appeal

13. Appeal.-(l) An appeal under Section 13 of the Act shall be preferred in the form of a Memorandum signed by the appellant and his advocate and presented before the Registrar. The Memorandum shall set to the concisely and under distinct heads, the grounds of objection to the order appealed against and the precise relief sought for.

(2) The memorandum of appeal presented shall be accompanied by as many authenticated copies on plain paper, of the memo of appeal and order of the Tribunal as there are respondents to be served and from such copies in addition, for Court record, besides the certified copy of the order as required to be filed under Order XLI-Rule-1 of the Code of Civil Procedure, 1908, (Act V of 1908).

(3) When an appeal is presented after the expiry of the period prescribed by the Act, it shall be accompanied by an application supported by an affidavit stating the facts on which the appellant relics to

R.14 Procedure of hearing Applications/Appeals

14. Procedure of hearing Applications/Appeals.-The Code of Civil Procedure shall mutatis mutandis apply to the hearing of applications I appeals before the Special Court so far they are not inconsistent with the provisions of the Act and the rules made there under.

R.15 Seals and Emblem

15. Seals and Emblem.-(l) There shall be an official seal of the Special Tribunal in respect of each District containing the name of the Special Tribunal as"............... (name of the district) Land Grabbing Cases Special Tribunal" and the name of the place with the National Emblem at the centre of the seal. Similarly, there shall be an official seal in respect of the Special Court containing the name of the Special Court as "The Land Grabbing Cases Special Court, Assam" with the name of the place, where the Special Court is situated and the National Emblem at the centre of the seal.

(2) There shall be separate seals for the Presiding Officers of the Special Tribunal of each District and for the Chairman and Members of the Special Court containing the respective designation and the name of the Special Tribunal and the Special Court, as the case may be.

R.16 Salary and allowances of the Chairman and Member of the Special Court

16. Salary and allowances of the Chairman and Member of the Special Court.-In case of appointment of the Chairman of the Special Court from a sitting Judge of the High Court, he shall be entitled to his salary and allowances which is admissible to a sitting Judge of the High Court.

(2) In case of appointment of a retired Judge of the High Court as Chairman of the Special Court, he shall be entitled to his Salary and Allowances of a sitting Judge of the High Court minus pension.

(3) In case of appointment of the Judicial Member of the Special Court from a sitting District and Sessions Judge, he shall be entitled to the salary and allowances which is admissible to a sitting District and Sessions Judge.

(4) In case of appointment of retired District and Sessions Judge as Judicial Member of the Special Court, he shall be entitled to the Salary and Allowances which is admissible to a sitting Distr

Form.I .

FORM-I [The Assam Land Grabbing (Prohibition) Rules, 2013] Form.2 . FORM-II [The Assam Land Grabbing (Prohibition) Rules, 2013] [Sec rule 7] NOTIFICATION   The Special Tribunal has taken cognizance of the case filed by Sri/Smti ....................... Form.3 . FORM-III [The Assam Land Grabbing (Prohibition) Rules, 20 13] [See rule 8] FORM-IV [The Assam Land Grabbing (Prohibition) Rules, 2013]