Amendment status not verified — confirm the current text below against the official source.
(1) The sanction referred to in seation 4 may be of sanction. withheld if- (a) the transferee is, in the opinion of the Collec- tPr, unsuitable, or (b) )the proposed aliena1Jjon is in the opinion of tihe Collector, prejudicial to the public interest . . (2) Where !\;he Collector withholds any sancJii.on un- der t!}lis section, lle shall record his reasons for doing so (3) An appea1 shall lie front the order of the Coll~c tor withholding sanction under sub-seation (1) within sixty days from the · date of such order to rthe StJate Government: Provided ~hat; the S*te Government may en- ter1~ain an appeal after 1Jhe expiry of 1Jhe period of sixty days if it is satisfied 1that1 the appellant was preven- ted by sufficient cause from filing iJt in time. (4) On receipt of any such appeal rthe Statje Govern- ment shall after giving rthe appellant a reasonable opportunity of being heard and af1Jer making such in- quiry as itJ deems proper, decide the appeal. (5) The decision of t~e State Governmet,t on such appeal. and, where no such appeal is preferred, the decision of the Collector under sub-sectuon (1) shall be final. Cforu1~que~ces 6. (1) Any alienation of any land made in cont,ra- o a 1enat10n t· f th . . f t· 4 h 1 b . d in contraven-ven 10n o e prov1s10ns o sec 10n s a 1 e v01d an tion of sec-Of no effect and the land alienated shall vest in the tion 4. State GovernmentJ from the d~te o.( alienation free. from all encumbrances (2) The Collector may, after g1v1nfl the panties an opportun~ty of being heard, by order- (a) direct any person in whose possession or. con- trol any land or _part of land vested in the State Go".ernment under sub-section (1) may be rto deliver possession thereof to ±he State Governmenfi,_,, 204 THE ASSAM GAZE'ITE, EXTRAORDINARY, JULY 19, 1980 ---- - - ------- -- (b) impose on the transferor a penalty which may amouni':; to double tJhe consideration for which such land was alienated; and (c) if in tihe opinion of the Collector !there are circumstances justifying a refund bf th~ considera ~ tion, if any, paid by . the transferee in respe'1t of such ~and, allow ithe transferee such refund. (3) The penalty imposed under clause (b) of sub- section (2) shall be recoverable as an arrear of land revenue • Delive:y @ff 7 (1) On !1;he issue by the Collector of an order un- possess1on o · . . land to Stateder clause (a) of sub-section (2) of section 6 directing Governn.ent the delivery of possession of any land or pa.rt of land and pen11ltY•to the St~:e Government any person in whose posses- sion or control such land or part of ~and may be, shalI forthwith deliver possession thereof Ito the State GovernmentJ. (2) If any person refuses or fails to comply with the provisions of sub-section (1), the Collector shall- (a) if he is a Magistratle enforce ithe delivery to the Starve Government of th~ possession of the land! or pa n~ of the land in respect! of which such refusal' has been made or failure has been committved; or (b) if he is not a MagistJrai':e apply to a Magis- trate and such Magistirai':e shall enforce the delivery to the State GovernmentJ of the possession of such land gr part of land (3) Whoever refuses or unlawfully obsfjructs the de- livery tb the State Government of the possession of any fand or part of land delivery of possession where- of tl9 the State Government has been diredted by the Collector hy an order under cJiause (a) of sub-section (2) of section 6. shall on conviction by a Magistrat'e, be punishable w "thout prejudice to any other penalty t o which he may be liable under any other law for the time being in force with fine which may extiend to two thousand rupees. Disdposal odr 8 Any land vested in the St'at,e Government under Ja, veste . ~ . . d" in 1h . State~ub-section (1) of sect;on 6 shall be dealt. w ith and is,- Gvvernment. posed of by the State Government in such manner n~ may be prescribed, . I 'l~HE -~SS~~ GAZETTE. EXTRAORDil'Hi.RY, JULY 19, 1980 285 Deleg~t1on of power. 9 The Stai';e Government may by notification in the Otticial Gazette, direct tha,t the· power exercisable bf ~t under th.s Act. otiher than the power to make ,rules under sect~on 12, shall in such circumstances and un- dt;r :rnch condit.ons, if any, as may be specified in the notification. be exercisable also by an officer subordi- nate to itl. Indemnity,