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State of Assam - Section

Section 14 in The Bharat Hydro Power Corporation Limited (Acquisition and Transfer of Undertaking) Act, 1996

14. Constitution of Commission.

(1)The State Government shall, for the purposes of Sections 7, 8, 9, 10, 12, 15 and 26, constitute, by order in writing, a Commission headed 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 is sitting and shall, for the purpose of making an investigation under this Act, have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (Central Act 5 of 1908) in 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 producible 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 Indian Penal Code, 1860 (Central Act 45 of 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 (Central Act 2 of 1974).
(7)A claimant who is dissatisfied with the decision of he Commission, may prefer an appeal against such decision to the Gauhati High Court and such appeal shall be heard and disposed of by not less than two Judges of that High Court.