Section 10 in Assam Land Grabbing (Prohibition) Act, 2010
10. Procedure to be followed by Special Tribunal.
(1)Save as otherwise provided in this Act, a Special Tribunal shall, in the trial of case relating to any alleged act of land grabbing, or with respect to the ownership and title to, or lawful possession of the land grabbed, whether before or after the commencement of this Act, which involves civil liability, follow the procedure prescribed in the Code of Civil Procedure, 1908 (Act 5 of 1908.) and in the trial of cases relating to alleged offence of land grabbing involving punishment prescribed under this Act, follow the procedure of the Code of Criminal Procedure, 1973 (Act 2 of 1974).(2)After-taking cognizance of a case under sub-section (2) of section 8, the Special Tribunal shall try and dispose of the civil liability at first and decide and pass order as to the title, ownership and lawful possession of the grabbed land whether before or after the commencement of this Act as it deems fit. After completion of the civil proceeding, if the Special Tribunal decides and pass order that the land in question has been grabbed, the Special Tribunal may order that the possession of the land be restored to the person whose land has been grabbed after evicting the land grabber or any other person who may be in possession of the land, if necessary by use of such force as may be required for the purpose :Provided that execution of the order for restoration of the possession of the grabbed land shall not be made till expiration of the period of appeal provided under section 13 of the Act. If within a reasonable time after the expiry of the appeal period no order of stay of execution has been received from the Special Court or produced before the Special Tribunal by any of the panties to the case, the Special Tribunal shall proceed for execution of its order and simultaneously frame charge against the land grabber to prosecute him for the alleged act of land grabbing :Provided further that in the event of preferring an appeal from the order of the Special Tribunal before the Special Court where stay of execution of the order has been made by the Special Court, the Special Tribunal shall not further proceed in the proceeding to prosecute the land grabber till final disposal of the appeal by the Special Court:Provided also that after hearing the appeal, if the Special Court decides the appeal against the alleged land grabber, in that event charge for prosecution against the land grabber shall be framed by the Special Tribunal and proceed with the criminal proceeding for prosecution of the land grabber.(3)The evidence admitted during the civil proceeding may be made use of while trying the criminal proceeding in addition to the additional evidence adduced by the parties in the criminal proceeding.(4)Any person, accused of land grabbing or the abetment thereof before the Special Tribunal, shall be a competent witness for the defence and may give evidence on oath in disproof of the charge made against him, or any person charged together with him in the criminal proceeding :Provided that he shall not be called as a witness except on his own request in writing or his failure to give evidence shall be made a subject of any comment by any of the parties or the Special Tribunal or give rise to any presumption against himself or any person charged together with him at the same proceeding.(5)The Special Tribunal shall, before passing an order under this Act give to the land grabber an opportunity of making his representation or of adducing evidence, if any, in this regard, and consider every such representation and evidence.
