The Assam Panchayat (Amendment) Act, 1960
42

**ASSAM ACT No.VI OF 1961**

THE ASSAM PANCHAYAT (AMENDMENT) ACT, 1960

**Received the assent of the Governor on the 3Gth March 1961**

[Publis' ed in the _Assam Gazette, Extrao rd nuy,_ **daied** the 30th March. 1961

An

_Act_

_to amend further the Assam Panchayat Act, 195!)_

Preamble.

WHEREAS it is expedient to amend further Assar a A

the Assam Panchayat Act, 1959, hereinafter XXtv o

called the Principal Act, in the manner here- 1S59.

inafter appearing ;

It is hereby enacted in the Eleventh Year of

the Republic of India as follows :—

Short title, 1. (1) This Act may be called the Assam

extent and p a n c ji a y a t (Amendment) Act, 1960.

commence-

went
(2) It shall have the like extent as the

Principal Act.

(3) It shall come into force at once.

2. In Section 11 of the Principal Act,—

Amendment
of Section 11
of Assam Act (1) the full stop at the end of sub-sec­

XXIV of

1959. tion (3) shall be deleted and the words and the

punctuation ( . ) "from the date of the first

meeting of the Gaon Panchayat” shall be

added.

(2) after sub section (3) as so amended,

the following proviso shall be added, namely : —

"Provided that the term of the office fixed

under this section shall be held to include any

period which may elapse between the expiration
of the said period and the dale of the first

meeting of the Gaon Panchayat newly constitu­
ted at which a quorum shall be present. When

a Gaon Panchayat is thus duly constituted the old
Gaon Panchayat shall stand dissolved” .

(3) after sub section (3). the following shall

be inserted as sub-section (4) and the existing

sub-section (4) shall be re numbered as sub­

section (5), namely—

"(4) The representative or representatives

# elected to the Anchalik Panchayat from a Gaon


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43

Sabha under Section 17 (1) (i) of this Act shali
be _ex-officio member or members of the_ Gaon

Panchayat of that Gaon Sabha” .

Amendment **3, In Section 16 of** the Principal Act,—

of Section 16
of Assam Act

**XX IV Of**

1959.
(1) in sub-section (1), the words or co­

opted” shall be inserted between the words

"elected” and "and” .

(2) after sub-section (2), the following shall

be inserted as sub-section (3), namely :—

"(3) The representative or representatives to

the Anchalik Panchayat who are eligible to be

_ex-officio member or members of the Gaon Pan­_
chayat under sub-section (4) of Section 11 of this

Act shall have the right to attend all meetings

and participate in the discussions of the Gaon

Panchayat but shall have no right to vote” .

,\ a ci ment 4. In Section 17 of the Principal Act,—

of Sec on 17

of Assam Act

XXIV of . . , . ,
1959. (1) the existing sub-section (2) shall be re­

numbered as sub section (2) (i) and the following
shall be inserted as sub-section (2) (ii), namely :—

"(2) (ii) The Anchalik Panchayat shall co­

opt one woman member from within the area
of its jurisdiction, if no woman is elected to the
Anchalik Panchayat” .

Substitution 5 For Section 18 of the Principal Act, the

of Assam* Act^°^[o w] *n s s hall be substituted, namely :—

XXIV of

1959.

“Election of 18- When the constitution of an Anchalik Pan-

the President chayat under Section 17 is complete the Deputy

and the Vice-Q o m m [i] s s [i] o n e r o r [the Subdivisional Officer, ] as

President of c a s e m a y s [j]l a []j ] c a [jj ] a m e e [ting ] of the

Panchayat[1]. Anchalik Panchayat (which meeting shall be

called the first meeting of the Anchalik Pancha­
yat) for the election of a President and a Vice-
vice-President and the members of an Anchalik
manner prescribed”.


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44

Subst:tu(io 0 p o r Section 19 of the Principal Act, the

' fAs^amAct h>ll°wing shall be substituted, na mely:—

° XXIV of

1959.

“ Term of 19. The term of office of the President, the

office of the Vice-Presdient and the members of an Anchalik

President, Panchayat shall be three years from the date of

^denTand ^i e hrst meeting of the Anchalik Panchayat

members of under Section 18 :

an Anchalik
Panchayat.

Provided that the term of the office fixed

under this section shall be held to include any

period which may elapse between the expiration

of the said period and the date of the first

meeting of the Anchalik Panchayat newly cons­
tituted. When an Anchalik Panchayat is thus

duly constituted and called to meet for the first
time the old Anchalik Panchayat shall stand

dissolved :

Provided further that the term of the office of

a member elected or co-opted, the President or

the Vice-President to fill up a casual vacancy

shall be the remainder of the term of office of
the member, the President or the Vice-President
whom he replaces” .

Amendment 7. In Section 22 of the Principal Act, in sub-

ot Se.ticn22 s e c jj o n (jj after the existing proviso the follow-

° XXlVof[Ct]' [n] g shall be added as the second proviso,

1959. namely :—

"Provided further that if no woman is a mem­

ber, the Mohkuma Parishad shall co-opt one

woman as member from within the area of its
jurisdiction” .

An endment Section 23 of the Principal Act— (1) for

of Section 23 sub-section (1), the following shall be substitu-

of Assam Actted, namely :—

X XIV of

1959.

‘Election o f 23. (1) When the constitution of a Mohkuma

he President,Parishad under Section 22 is complete, the

h sklent and Commissioner or the Subdivisional Officer.

Stan ing a s the case m a Y he, shall call a meeting of the

Committee. Mohkuma Parishad (which meeting shall be

called the first meeting of the Mohkuma Pari­
shad), for the election of a President and a Vice-
President from amongst its members in the

manner prescribed.


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**45**

(2) The Mohkuma Parishad, in a meeting,

may form sucli number of Standing Committees
as may be deemed necessary with the President
as the Chairman and with such powers and func­
tions as may be prescribed”.

(2) the existing sub-section (2) shall be

re numbered as sub-section (3).

Substitution 9. For Section 24 of the Principal Act, the

of Assam \ct^°^[o w] *n ^ S*1U^ substituted, na mely: —

X X IV of

1959.

“ Term of 24 . (1) The term of office of the President, the

President [ll]th e' ‘ [c e] ^ [r e s] ^ [e n t ] a n ( ^ ^ [l e ] m e m bers of a Mohkuma

Vice-Pr’esi- Parishad shall be three years from the date of

dent and the first meeting of the Mohkuma Parishad :

members of a

Pa°ishad.[a] Provided that the term of the office fixed under

this section shall be held to include any period
which may elapse between the expiration of the
said period and the date of the first meeting of
the Mohkuma Parishad newly constituted. When
a Mohkuma Parishad is thus duly constituted
and it meets for the first time, the old Mohkuma
Parishad shall stand dissolved :

Provided further that the term of office of a

member, the President or the Vice-President as

the case may be, to fill up a casual vacancy shall
be the remainder of the term of office of the

member, the President or the Vice-President

whom he replaces.

(2) No person shall be entitled to continue

as a member of a Mohkuma Parishad under

clauses (i), (ii) and (iii) of sub-section (1) of

Section 22, if he ceases to be—

(a) the President of the Anchalik Pancha-

y a t; or

(b) the member of the Parliament or the

State Legislative Assembly, as the case
may be ; or

(c) 1 he Chairman of the Municipality or

the Town Committee or the School

Board, as the case may be.

(3) No person appointed by virtue of his

office under clause (iv) of sub-sec­

tion (1) of Section 22, shall continue
as a member of a Mohkuma Parishad
if he ceases to hold the office” .


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Assam A
X X V


46

Amendment 10. In Section 33 of the Principal Act,—
of Section 33
of Assam Act (1) In the marginal notes the full-stop after

X X IV of

1959. the words "Gaon Panchayats” shall be deleted

and the words and the full stop "or Anchalik

Panchayats” shall be added.

(2) after the words "Gaon Panchayat” in

the third line the comma shall be deleted and

the words and the comma "or an .Anchalik Pan
chayat” shall be added.

Substitution H. For Section 49 of the Principal Act, the

of Section 49 f o l l o w i n „ s h a p pe substituted, na mely:—

of Assam Act

X X IV of
1959.

“ Appoint- 49 (1) Subject to the'prescribed conditions, a

ment of fia O n Panchayat or an Anchalik Panchayat may

Commntees. a ppp jn t Committees with powers to co-opt mem­

bers -to assist it in the discharge of any specified
duty or class of duties and may delegate to such
Committees any of its powers as may be deemed
necessary.

(2) The President and the Secretary of the

Gaon Panchayat or the President and the Execu ­

                       - tive Officer of the Anchalik Panchayat, as the

case may be, shall be members of each of the

Committees of the Gaon Panchayat or the Ancha­
lik Panchayat, as the case may be.

(3) The term of the office of the members

of the Committees shall be decided by the Gaon
Panchayat or the Anchalik Panchayat” .

S u obfs Section Section 165 of the Principal Act, the

165 of Assamfollowing shall be substituted, na mely:—

Act X X IV of
1959.

“ Effect of 165. (1) From the date the Assam Local Assam A

repeal. Self-Government Act. 1953 is repealed under X X V

sub section (1) of Section 163 of this Act, all the 1958
assets including the Local Board Fund belonging
to any Local Board shall vest in the Deputy
Commissioner or the Subdivisional Officer, as

the case may .be, who shall hold the assets in

trust and perform and exercise all such duties
and powers as assigned to the Board under the
Act repealed until these are made over in accor­
dance with the order of the State Government
or such Officer or Officers as the State Govern­
ment may appoint in this behalf, to the Moh-
kuma Parishad or to the Anchalik Panchayat or
to the _Ad-hoc Mohkuma Parishad Committee_ or
to the _Ad-hoc Anchalik_ Panchayat Committee

or to the Gaon Panchayat established under this
Act in the area over which the Local Board, to
whom the assets belonged, had jurisdiction.


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(2) On such vesting of the assets as pro­

vided in sub-section (1). the liabilities of the

Locai Board, if any, incurred in the course of

performing any legitimate function by such

Board shall be discharged and transferred to
the Deputy Commissioner or to the Subdivisio-
nal Officer, as the case may be” .

**ASSAM ACT No.VII OF 1961**

THE ASSAM AP PR OPR IA TION (No.III) AGP, 1961

**Received th e as sent of the Governor on the 31st March 1961**

[Published in the _Assam Gazette, Ex traordin ary, dated the 31st March 1961]_

**An**

# Act

 to provide fo r the withdraw al of certain sums from and out o f the
 Consolidat e Fund of the State of Assam *o the services
 of the year ending on the thirty-first day of March, 19&2

It is hereby enacted in the Twelfth Year of the

Republic of India as follows ;—

Short title 1. (1) This Act may be called the Assam Ap pro­

v'd c m- priation (No.III) Act, 1961.

mencement.

(2) This Act shall come into force with effect

from 1st April, 1961.

Wuhdrawal 2. From and out of the Consolidated Fund of the

of Rs. State of Assam there may be paid and applied

71,01,26,000
Irom an d sums not exceeding those specified in column (3) o*

out of the the Schedule amounting in the aggregate to the sum

Consolida­ of Seventy-one crores, one lakh and twenty-six thous­

ted Fund of and rupees towards defraying the several charges
the State of
Assam for which will c.' me in course of payment during the

the financial year ending on the thirty-first day of March. 1962
year 1961- in respect of the services specified in column (2) of
62.

the Schedule.

Apprcpria# 3. The sums authorised to be paid and applied

tion, from and out of the Consolidated Fund of the State

of Assam by this Act, shall be appro priated for the
services and purposes expressed in the Schedule in
relation to the year ending on the thirty-first day of
March, 1962-


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