Power to suspend action under the Act

Power to suspend action under the Act-The State Government, the Commissioner of Division, the Deputy Commissioner, the Additional Deputy Commissioner or the Sub-divisional Officer in-charge of a subdivision may, by order in writing, suspend the execution of any resolution or order of the Board or prohibit the doing of any act which is about to be done or is being done, in pursuance of, or under cover of, this act, or in pursuance of any sanction or permission granted by the Board in the exercise of their powers under this act, if in its or his opinion, the resolution, order or act militates against the fundamental rights conferred by Part III of the Constitution of India and the State Policy on the Directive principles laid down in Part IV of the Constitution of India is in excess of the powers conferred by law, or the execution of the resolution or order or the doing of the act, is likely to lead to a service breach of the peace, or to cause serious injury or annoyance to the public or to any class or body of persons. When the Commissioner of Division or the Deputy Commissioner, the Additional Deputy Commissioner or the Sub-divisional Officer in-charge of a Subdivision makes any order under this section, he shall forthwith forward a copy thereof, with a statement of his reasons for making it, to the State Government, which may thereupon rescind the order or direct that it continues in force with or without modification, permanently or for such period as it thinks fit. NOTES ASSAM (AMENDMENTS) Section 296-In this section in both the first and second paragraphs after the words “ the Commissioners of Division”, for the words, “ or the Deputy Commissioner”, the words “ the Deputy Commissioner, the Additional Deputy commissioner or the Sub-divisional Officer in-charge of a Sub-division”, were substituted vide Assam Act No. XIV of 1963, published in the Assam Gazette, dated 4-5-1963 to come into force at once. The words “militates against the ................................. Constitution of India were added by Assam Act No. II of 1966, published in the Assam Gazette, dated 10-1-1966.