Bare ActsThe ASSAM RURAL DEVELOPMENT CESS ACT, 1988

Section 8

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0) Any pe~son, who is aggrie~ed oy any order of the Commissioner under this Act, may file an appeal before such persoh ·or authori- ty, in such manner, within .such time, and on payment of such fees, as may be prescri- bed. (2) The appeal· shaH be heard and decided in such manner as may be prescribed. ~;isi~n ~f -9. (1) The State Government . rna~ of its own motion or on the application of any aggrie- ved person call for and ex~n:riine the record of any proceeding_ under .· .-thts Act, for the purpose of satisfying itself ·as to the legality or propriety. of any order passed therein by the Commissioner or by . the person or orders·. _ authority referred to in suq-s~ection (l) of section 8 and if 'it shall appear to it that any order passed therein requires to he modified,: annulled or reversed, it may after giving the person affected by, or interested in, such order an opportunity of .. 'being heard and after making or causing to be · made such inquiry as it deems necessary, pass such order . thereon as . the circumstances of . the case justify including an order directing fresh proceedings : Provided that no record of any procee- ding of the Commissioner shall be called for- {i) in a case where an appeal from the order passed therein bas been , filed, when such appeal is pending, and "'946 THE ASSAM GAZETTE. EXTRAO'RDJNARY, DEC. 8,' 19"8 --- ----- - --------- :'-. - II Mainte- lUIJlCC of aa::ou Jl t~­ and ~regi s· t ~S· (ii) in a case where an appeai has not been filed from such order' before the expiry of the · __ time prescribed for filing ~uch appeal. {2) No order shall be revised under sub-sec- -- tio:n: (1) by the State Govermnent of its own motion and no application under that· sub- section by any aggrieved person for the revision of any order shall be entertained by the Government after the expiry of two . years from the date of such order. Eiplariaiion .--In computing the p~riod of limita- t!on for the purpose of sub-seCtion {2),---· (a) any period during which the record of any proceeding shall not be called for under the proviso to sub-section (1), and (b) any period during which · under this section is stayed injunction of any court, shaU be e}i:duded. any . proceeding_ by an oraer or ''' 1 ', 'r MlSCELLANEOUS Jo. Every person liaDle to pay cess under this Act 'shall keep and maintain accounts and regis- ters, in such forms as m·a.y be . prescribed, in respect of quantity of mineral oils produced _ . By him from speclfied land and the sale proc~eds thereof receivea by him. Pi>we~s to n. Tile Commissioner or any officer empowered order -pr-e· - ~ 1h' tlHs behalf by_ the State Government duction of - accountl. by an order in writing requlr'e any person liable to pay cess under this Ac.t, to produce · s:uch ··accounts.· registers and documertts and "to furnish such inJormation · relating to the ·quantity ·of minera1 Oil prdduced from speci- fi~'d land or the sale pr-oceeds thereof received by him, as ·may be sp-ectfied in t'he order. TH.S ns~Alvl GAZ.E:ITJ:.:. LXIJ;\.t,,UH.DLU:J...R. l:', pE::::. 8, l!:it" 947 l ~ _ ____ __ _ ___ _ ___ _ ..:'. ~:::;rs anc:f 12. (1) ,Any officer · authorised · by the State ip~pe~tiJb. Government in this behalf may at all reaso- nable times enter into, inspect and search, any specified land arid any place where the 'Rerson liable to pay Gess under this Act ~)rdi{larily keeps books Of accounts, regis- ter§ and . docu.rnents relqting to .. e,Xcavation {pr obtairifug iriiner~l oils 'from such land, -for the purpose 'of verifying . whether the prov.isions of this Act or any rules made thereunder are being complied with . . 2 of 1974 (2) All searches made under sub;_section ' ti) , Shqll be in aCGordance with the prOVlSlOnS of the · Co_de of Criminal Procedure, 1973. Offence,, 13 Wh . ·· .. - . '- . oever: ., O(fen~e . py companies. ·r .. : (a) f.ails to pay cess within the time stipula- ted therefor, or (b) fails to keep and m~intain accounts and registers as required by section 10, or (c) fails to comply with an order made under. section 11, or (d) kpowii}gly produces false ac.counts, regis- _ ters or documents or knowingly furnishes incorrect information,' or (e) obstructs any ·offi.cer mak~g an entry, inspection or .sear_ch under. section I2, _ shall, on ·conviction be punished with. fine which may extend - to_ one .th_q~-~ari:<t rupees. "

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