Amendment status not verified — confirm the current text below against the official source.
. (2) The net amount· payable shall bear interest at the rate of 12% per annum from the appointed day : . Provided that no interest shall be payable during any extension granted under proviso to sub-section (4) of section 14. 13.(1) If any amount recoverable from the company by the State Government under this Act exceeds the amount payable by the State Government to the company under this Act, such excess amount shall be recoverable by the State Government .from the company as arrear of land .revenue. (2) if at any time after the appointed ·day it appears to the State Government that any amount which could not be assessed J~y the Commission or has remained undeducted for any reason, whatsoever, but becomes payable by the State Government or the Board, as the case may be, . beyond the appointed day; such amount. ~hall be recoverable froil} the company as arrears of land revenuy. · .. , .. r • THE ASSAM GAZETTE, EXTRAORDINARY, JANUARY 6, 1997 CHAPTER IV Constitution · 14. (1) The State Government shall, for the purposes of sections 7, 8, of 9,10, 12, 15 and 26, constitute, by order in writing, a Commission headed Commission. by a sitting or retired High Court Judge. (2) The State Government shall be at liberty to engage and obtain services from a person having adequate knowledge and experience in matters relating to accounts to assist the Commission to assess the net amount under this section. (3) The Commission may call for the assistance of such Officers and staff of the State Government, the Board or the company as the Commission may deem fit in assessing the net amount payable. (4) The Commission constituted under sub-section (1) shall complete the assessment and submit the report within one year from the appointed day: Provided that this period may be suitably extended by the State Government if the company fails to furnish or delays furnishing of accounts, information, particulars or documents as mentioned in section 15. (5) The Commission shall have the power to regulate its own procedure in all matters arising out of the discharge of its functions including the place or places at which it will hold its sitting and shall, for the 11 :.--· purpose of making an investigation under this Act, have the same powers as Central Act are vested in a Civil Court under the Code of Civil Procedure, 1908 in 5 of 1908. respect of the following matter, namely :- . (a) the summoning and enforcing the attendance of any witness and examining him on oath; (b) the discovery and production of any document or other material object produciable as evidence ; (c) the reception of evidence on affidavits; (d) the issuing of any commission for the examination of witness; (6) Any investigation before the Commission shall be deemed to be judicial proceeding within the meaning of Sections 193 and 228 of the Inclian Penal Code, 1860 and the Commission shall be deemed to be a Civil Court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973. • (7) A claimant who is ·dissatisfied with the decision of the Commission, may prefer an appeal against such d~cision to the Gauhati High Court and such appeal shall be heard and disposed of by not less than two Judges of that High C..ourt. Central Act 45 of 1860. Central Act 2 · of 1974. "' .. . ,i 12 THE ASSAM GAZETfE, EXTRAORDINARY, JANUARY 6, 1997 -~--------- - ---~-- - · ------ CHAPTER-V Provisions relating to employees of the company. Employment 15. (1) Every person .who has been, immediately before the apppoint ~a of cerrain day, employed on a permanent basis in the under.aking of the company . employees to shall become on and from the appointed day, an employee of the State continue. Government or thereaftei of frc Board, as the case may be, with the same terms and privileges as to pension, gratuity and other matters as would have been admissible to him if the rights in relation to the undertaking had not l:Jt,·~·1 transferred to and vested in the Board and shall continue to do so until ard unless his employment in the Board is duly terr·,·nated or until his remuneration and other conditions of service are duly altert:d by the Board : .. Provided that all the persons who are employees of the company and directly t.:mployed for the project shall continue in the rolls of the State Government or thereafter of the Board, as the case may be, until final determination by the Commission : Provided further that the persons employed as employees of the company shall not include the persons employed on contract basis and the Commission constituted under sub-section (1) of section 14 shail determine the number of such employees : Provided also that in no case such employees shall enjoy better terms and conditions than those prevailing in the case of State Government or the Board, as the case may be . (2) Notwithstanding anything contained in the Industrial Disputes Act, Central Act 1947, or any other law for the time being in force, the tr~nsfer of the 14 of services of any Officer or employee in the undertaking of the company to 19a 7. the State Government or to the Board, as the case may be, shall not entitle such Officer or employee to any compensation under this Act or any other law for the time being in force and no such claim shall be entertained by any Court, Tribunal or other authority. Providc~t