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State of Assam - Section

Section 95 in Goalpara Tenancy Act, 1929

95. Illegal cesses prohibited.

(1)All impositions upon a tenant for the use and occupation of the lands of his tenancy, in addition to the actual rent, which are not specially authorised by the Act, or by any other Act or Regulation of the time being in force, shall be illegal and all stipulations and reservations for the payment of sum shall be void.
(2)Where any such illegal imposition has been made by a landlord or his agent, the Deputy Commissioner may, in a proceeding under this section, on the complaint of a tenant within six months of such extraction, after giving such landlord or agent a reasonable opportunity to show cause and after making such inquiry as he may deem necessary, order the landlord or his agent, as the case may be, to pay to the tenant a sum equal to the sum so extracted, and also impose upon him a penalty not exceeding fifty rupees and may, in his discretion, award to the tenant as compensation such portion of the penalty as he thinks fit:Provided that when the Deputy Commissioner is satisfied that the complaint was false, he may, in his discretion, direct the tenant to pay to the landlord such compensation not exceeding fifty rupees, as he may think fit.
(3)An order made by the Deputy Commissioner under sub-Section (2) directing the payment of a sum equal to that extracted from a tenant, or imposing any penalty or awarding any compensation shall, for the purpose of the appeal, be treated as a decree, passed under the provisions of the Code of Civil Procedure, 1908, by the lowest Civil Court competent to pass a decree for the amount.