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 sanction· 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 certain 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 revisional 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 CJU, Short title, l. (l) This Act may be called lhc Assam commence- Commissioners' Powers Distribution Act, 1939 ; m~nt 1111d 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 o m r i Ia h s e i : o n C t o r m· a fi t er t I ie coJ mmencement o f tbi s . • ;. ct al I 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• V H a il l l l f D y ivis M ion d . s1 • on, s ] 1 al I I > C dec ' me d to be tra _ J _ l _ l r l crred to t h 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· oclirc ertain . section and to section 5 of this .\ct, all enact· r r na c c r t c m n c c n Q c~ 1,0 m<"nts made by any auL h on · t y · a n B n · t l · s h I n d' 1 a 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 column 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· d81•0"~8 Juris·i11g sub-section the Commissioner, Assam Valley •cllon 1 n D' . . l 11 h . . d' . . Revenue ap- 1v1s1on, s la . not ~~e JU.ns icuon to enterta.rn pcala 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 validity 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 sioncrships 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 until 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 into 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. / . ... 3 (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 manner 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 2 References Con.struclions ' I. ComP'lissioner 2. Commissioner of a (or the) Division Commissioner, Assam Valley Division, or such other authority as the Governor may direct. 3. Commissionrr, ~urma Valley and Hill Division. SCHEDULEB (Su Section 5) 2 3 ' Year No. Short title Amendments x 1897 The General Clauses In section 4(13), after the words Act. "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. 1915 II The Assam General In section 4(13), after the words Clauses Act. "a division" the words "and shall 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.