The Assam Panchayat (Amendment) Act, 1997
###### Registered No. A-12 I

\ A?'--?'* .. [x]                                       -

# THE ASSAM GAZETTEj

## EXTRAORDINARY k

#### w  'Tri w iPes

### PUBLISHED BY AUTHORITY

# - '• -- -• - —--j/

##### n< 117 frm*, ^541*, 30 jafster, 1997, 10 1919 (5^»)

No. 117 Dispur, Wednesday, 30th April, 1997, 10th Vaisakha,

1919 (S .E .)

##### GOVERNMENT OF ASSAM

 ORDERS BY THE GOVERNOR

LEGISINATIVE DEPARTMENT: LEGISLATIVE BRANCH

                    -                    - _______

##### NOTIFICATION

The 30th April 1997

No. LG L. 130/96/22. =The following Act of the Assam Legislative

Assembly which received the assent of the Governor is hereby publi-

a ed for general information.


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870 TKE ASSAM GAZETTE, EXTRAORDINARY AP R. 30, 1997

##### ASSAM ACT No. X OF 1997
 ^Received the zXssent of the Governor on 28th April, 1997)

 THE ASSAM PANCHAYAT ( AMENDMENT )
 ACT, >1997

 • -- , AN
 A. _ - h . * ' Z  i. -
 AC T

 further to amend the Assam Panchayat Act, 1994.

 freambie. Whereas it is expedient further to ^ [sa]y Act
V

##### amend the Assam Panchaytt Act, 1994, ofi’994.
 hereinafter referred to as the principal
 Act, in the manner hereinafter appearing;

 It is hereby enacted in  the Forty-eighth
 Year of the Republic of India as follows:-

 - '* < 3 -

 extent “rod 1 • (1) This Act may be called the A sam
 mrot[le]“[ce]" Panchayat (Amendment) Act, 1997.

 (2) It shall have the like extent as
 the principal Act.

 (3) It shall come into force at once.

**Amendment** **2 .** In the principal Act, in section 3,—

**or section 3.** (j) in sub-section (2), in clause (e), for the

##### words “four fifth” appearing in ihe first line, the words “two third” shall be substituted.
 (ii) in sub-section (2) after clause (e),
 the following clause shall be inserted,
 namely

 “ (f) The Minister-in-charge of the
 District to be notified by the Government.”

 (iii) for the existing sub-section (5),
 the following shall be substituted, namely:-


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THE ASSAM GAZETTE. EXTRAORDINARY. APR. 30, 1997 871

##### ‘‘(5) The Minister-in-Charge of the respective
 District, to be notified by the Government, shall be
 the Chairman of the District Planning Committee and the President of the concerned Zilla Parishad shall be the Vice-Chairman of the District Planning Committee.” 7 Hi, J V-5 K A*'
 (iv) (a) the existing sub-sections (6), (7) and (8)
 shdl be renumbered as section 3A (1), (2) and (3),
###### respectively.

##### (b) after renumbering the existing sub-section

###### (6) as section 3A (1), the following marginal note,
##### by the left hand side of the section shall be inserted, namely ;

 “Duties and function of the District Planning
 Committee.”

 3. In the principal Act, in section 4, in sub­
 section (5), in the sixth line, for the word “will”
 appearing in between the words “Panchayat” and “convene”, the word “shall” shall be substituted and in the last line, after the word “time” , the
 “fullstop” shall be deleted and the words and full-
 stop “from the date of such direction” , shall be inserted.

###### Amendment 4, In the principal Act, in section 5, in sub-
 of»ection 5. j after the existing proviso, the following
SCct o n

##### proviso shall be inserted, namely :— < t : r OXJ8 1. Z V C-
 ‘Provided further that the existing local area
 of Gaon Panchayats established under the provi­ sions of the Assam Panchayati Raj Act, 1986, with a population less in number than the population earmarked in this section for a Gaon Panchayat, shall continue to be valid for the purposes of this Act, till such time as the Government may declare any local area to be such Gaon Panchayat in accordance with this Act.”

 Amendment 5. In the principal Act, in section 13, io sub-
 m section i3. tj
g ec o n (2), after clause (c), the following clause

##### shall be inserted, namely : —


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##### “(d) exercise all the powers, perform all the
 functions and discharge all the duties of the Pre­ sident as provided under sub-section (1) of section
 13, if the President be removed, and or dies or
 resigns, till the office of the President is filled up in the manner as provided under sub-section (1)
 (b) of Section 6.”

Amendment 6, (j) i , for
n the principal Act, in section 15

or section 15 .^ tj
e x js n g sub-section (1), the following shall be

##### substitued, namely :—

 “(1) Every President or Vice-President shall
 be deemed to have vacated his office forthwith when resolution expressing want of confidence in him is passed by a majority of two third of the total number of members of the Gaon Panchayat.
 Such a meeting shall be specially convened by
 the Secretary of the Gaon Panchayat with approval of the President of the Gaon Panchayat- Such
 meeting shall be Presided over by the President if the motion is against the Vice-President, and by the Vice-President, if the motion is against the President. In case such a meeting is not convened within a period of fifteen days from the date of receipt of notice, the Secretary of the Gaon Pan­ chayat shall within three days, refer the matter to the President of the concerned Anchalik Panchayat,
 who shall convene the meeting within seven days
 from the date of receipt of the information from the Secretary of the Gaon Panchayat and preside over such meeting.
 In case the President of the Anchalik Panchayat
 does not take action as above, within the specified seven days time, the concerned Gaon Panchayat Secretary shall inform the matter to the Deputy
 Commissioner/Sub-Divisional Officer (Civil) as the
 case may be, within three days after the expiry of the stipulated seven days time and the concerned Deputy Commissioner/Sub-Divisional Officer (C)
 shall convene the meeting within seven days from the Date of the receipt of the information with intimation to the Zilla Parishad and the Anchalik Panchayat and preside over the meeting so con­ vened :


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THE ASSAM GAZETTE. EXTRAORDINARY. APRIL 30, 1997 873

##### Provided that the concerned Deputy Commi-
 ssioner/Sub-Divisional Officer (C) as the case may  be, in case of his inability to preside over the
 meeting, may depute one Gazetted Officer under him not below the rank of Class-I Gazetted Officer to preside over such meeting :

 Provided further that when a no-confidence
 motion is lost, no such motion shall be allowed in the next six months.”

 (ii) in sub-section (2), in the fourth and fifth
 line, for the words “Anchalik Panchayat”, the
 words “Gaon Panchayat” shall be substituted.

 (iii) in sub-section (4), in the third line, the word
 '‘the” after the word “after”, shall be deleted and
 in the same line, after the word “giving”, thew'ord “the” shall be inserted.

 (iv) after sub-section (4), the following new
 sub-section (5) shall be inserted, namely

 “(5) If. under sub-section (1), the members of
 the Gaon Panchayat express want of confidence both in the President and Vice-President of the Gaon Panchayat at the same time and issue notices, the Secretary of the Gaon Panchayat within seven
 days from the date of receipt of such notices, shall
 report the matter to the President of the concerned Anchalik Panchayat who shall arrange to convene the meetings within fifteen days from the date of receipt of the intimation, separately, to consider the
 motion against the President first and to consider the motion against the Vice-President next day and
 shall preside over both the meetings. The President
 of the concerned Anchalik Panchayat presiding the meetings shall have no vote.

 In case the President of the concerned Ancha­
 lik Panchayat does not take action as. above, the
 Secretary of the Gaon Panchayat, within three days after the expiry of the stipulated fifteen days time, shall refer the matter to the concerned Deputy


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874 THE ASSAM GAZETTE. EXTRAORDINARY. APRIL 30, 1997

##### Commissioner cr the Sub-Divisional Officers (C), as the case may be. O receipt of the information,
 the Deputy Commissioner or the Sub-Divisional
 Officer 8S the case may be, shall convene both
 the meetingsin the manner as above, within fifteen days from the date of receipt of the information with intimation to the concerned Anchahk Pan- chayat and Zilla Parishad and preside over such
 meetings’’:

 Provided that the concerned Deputy Commi­
 ssioner or the Sub-Divisional Officer as the case may be, in case of his inability to preside over the meeting, may depute a Gazetted Officer not below the rank of Class-I Gazetted Officer to preside
 over such meeting:

 Provided further that if it is not possible to
 hold the meeting for a situation due to non- attendance of the requisite number of members in such meeting or meetings as the case may be, the no confidence motion shall automatically stands cancelled and motion shall be deemed to have lost, in the event of which no such motion shall be a'lewed within the next six months.”

**Amendment** **7.** In the principal Act, in Section 19,—

of Section
##### 19. (i) in sub-secbon XIX, after clanie (8), the
 following clause shall be inserted, namely :—
 “ (9) Issue of birth pad death certificate with­
 in the jurisdiction of the Gann racchayat.”

(is) in sub-section XXI. in clause ( l\ in the last ltn»,

frr the word “on’’ after the word “food-stuff”,
the word ‘for’’ shall be sw >sf tihed.

(rh) in sub-secthu XXVJ, in th sc cone line, after the

word [1] SHEDS” the punctuation narks “Comma”

shall be inserted.

Amendment g j a princip al Act, in seclio < ‘23, is sub-sectio t

23 8e cU on (2), in clause (b) in the second line, after the word “meteriah” ,

th ’ punctuation mark “Cbmma” shall e inserted.

Amendment 9 th i principal Act, in section 37, i> sub-section (I),

37[_] sec,,on i n .he seco> d line, >n be? .een the words [1] the” and “members”,

the words ‘directly elected” shsdl be inserted.


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###### THE ASSAM GAZETTE, EXTRAORDINARY, APR1L30, 1997 875

**Am endm ent** **10.** I q the principal Act, in section 41, after clause (c)

of section t jj e fo llo w in g cla use sh all be inse rted , na mely         -

‘ (d) exercise all the powers and discharge all the duies

and functions of President as pro i. ed under sub section (a)
to (d) of section 4 b if the President be remove, and/or

dies or resigns until the office of the Preside, t is filled up
in the manner under the provisions o’ sub-section (I) of
sec'ion 37.”

.e : -

Amendment 1 1, l n the principal Act, in section 43.       -

**of** **section**

**43 .**
(i) In sub-section (1),—

(a) ia the fourth line, in het em the words “the”

and “membets” , the words “directly elected” shall be inse fed.

(b) in the eight lice, in between ti e words “and”

“the” the word “by” stall be inserted.

(c) in he ninth lire, for the Word ‘ in” in between

the words “convened” and “the” the word “by” shall be
substituted.

(d) after the last line, the following sentence shall be

inserted, namely :—

“ The Zilla Parishad President shall preside over such

meeting but shall have no vote.”

(ii) for th; ex sting sub-section (2), the following shall

be substituted, namely :—

“ (2) (a? In case the President of the Zill Parishad

does not convene the meeting within fifteen days from the
date of receipt of intimation, the Ex-Officio Secretary of
the Anchalik Pauchayat within three days from the date
of expiry of the date of stipulated fifteen days time shall

report to the concerned Deputy Commissioner or the Sub-
Divisional Officer as the case may be. On receipt of the

information, the Deputy Commissioner or the Sub-Divisional
Officer as the case may be, shall convene the meeting within

fifteen days from the date of receipt of the informaticn
with intimation to the Zilla Parishad concerted and also
shall preside over such meeting. In case of bis inability to
preside over such meeting, the Deputy Commissioner or the
Sub-Divisional Officer as the case may be shall depute an Officer
under him not below the rank of Class-1 Gazetted Officer
to preside over such meeting,

(b) If, under sub-section (I) of Section 43, the members

express want of confcdei ce both in the President and the

Vice-President of Anchalik Pauchayat at the same time and


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876 THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 30, 1997

issue notices, the Ex-Officio Secretary of the concerned
Anchalik Panchsyat shall report the matter to the President
of the concerned Zilla Parishad within three days from the

date of receipt of the notice who shall arrange to convene the

meeting, within fifteen days from the date of receipt of the
information separately, to consider the motion _i gainst the_
President first and to consider the motion against the Vice-
President nextd«y and shall preside over such meetings but
shall have no vote.

In case the President _of the Zilla Parishad concerned does_

not ’ake action as above, the Ex-Officio Secretary of the Ancha­
lik Panchayats shall refer the matter to the concerned Deputy
Commissioner or the Sub-Divisional Officer as ti e case may be,

within three days from the date of expiry of the date of the
stipulated fifteen days time. Oc receipt of the information, the
corce'Dtd Deputy Ccmnissioner < r the Sub-Divisional Officer

as the cate may be, shall convene both the meetings simultan­
eously within fifteen days from the date of receipt of the in­
formation and shall preside over both the meetings:

Provided that the Deputy Commissioner or the Sub-Divi­

sional Officer as the case may be, in case of his inability ’O

preside over the meeting, may depute a Class-1 Gazetted
Officer under him to preside over such meetings :

Provided further that if it is not possible to hold the

meeting for a situation due to non attendance of requisite
number of members in such meeting or meltings as the case
may be, the no confidence motion shall automatically stands
cancelled and the motion shall be deemed to have lost, in
the event of which m such motion shall be allowed within
the next six months.

Amendment i 2 - I n principal Act, in section 57 —

of Section 57.

###### (i) in Sub-Section (1), in c’ause (g), in the second line
after the word ‘fairs’, the punctuation mark ‘comma’

shall he inserted.

(ii) in sub-section (3), after the last line, the follo­

wing sentacce shall be inserted, namely :—
“ 1 he decision of the Zilla Parishad in this respect

shall be final”.

menTof 13. In the principal Act, in section 65 :—

Section 65.

(i) in sub-section (1), for the existing clause (i), the
following shall be substituted, namely :—

“ (i) The members directly elec ed from the terri­

torial constituencies of the district :


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THE ASSAM GAZETTE. EXTRAORDINARY, APRIL 30, 1997 877

Provided that the State Government may by Notification

in the Official Gazette, determine the territorial constituencies
in the district keeping in view the overall population of th e
district at a rate of one member for a population of not
less than thirty thousand and that each territorial consti­

tuency shall elect one member to the Zilla Parishad through

direct election in the manner prescribed:

Provided further that every Legislative Assembly Consti­

tuency shall have four territorial constituencies and in rase

of a part of the Legislative Assembly Constituency wbh
a population less than thirty thousand falling within the

district, then this payt shall form a territo?ial Constitu­
ency.”

(ii) for the existing sub-section (2), following shall be substitu­

ted, namely :—

“(2) All the members shall have the right to vote except

in the motion of no-confidence in which only the directly

elected members and members nominated by the Government
shall exercise such rights.”

Amendment In the principal Act, in Section 67, in sub-section

of (1), in the fou rth line, after the figure ”66”, the punctaa -

Section 67. fjon mark "comma” shall be inserted.

£ , Amendment 15. in the principal Act, in Section 70, in sub-section

s (j[’][f][ 7n (!)• ] [1 0 th e] [ l®]st hce for the words and figures "Section 65 (1 )”,

n           - the words and figures “Section 65 (1) (i)” shall be substi­

tuted.

Amendment jg j n pr jn c ipa i Act, in Section 73 , in sub-section (2),

Section 73. after the proviso, the following second and third provisos

shall be inserted, namely :—

“ Provided further that the Deputy Commissioner shall

direct the Chief Executive Officer to convene the meeting

within seven days from the date cf receipt of ihe request
of the members and the Chief Executive Officer shall con­

vene the meeting within fifteen days from the date of re­
ceipt of the direction. The Deputy Commissioner shall

preside over such meeting. Ia case of his inability, the

Deputy Commissioner shall depute one of the Officers not
below the rank of Additional Deputy Commissioner to pre­
side over such meeting.

If under sub-section (1), the members express want of

confidence both in the President and the Vice-President of
the Zilh Parishad at the same time and issue notices, the

Chief Executive Officer of the Zilla Parishad shall report

the matter to the concerned Deputy Commissioner within

three days from the date of receipt of the notices and the
concerned Deputy Commissioner shall direct the Chief


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###### 878 THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 30, 1997

Executive Officer of the Zilia Parishad to convene the meeting
within fifteen days from the date of receipt of the direction,
separately, to consider the motion against the Presided first
a’.d to consider the motion against the Vice-President next
day and preside over such meetings. In case of the inability

to preside over, the Deputy Commissioner shall depute one
of the Officers not below the rank of Additional Deputy
Commissioner under him to fireside over such meeting

“Provided also that if it is not possible to hold the mee­

ting for a situation due to non-attendance of the requisite
number of members in such meeting or meetings as the case
may be the no-confidence motion shall automatically stands
cancelled and, the motion shall be deened to have lost, in the
event of which no such motion shall be allowed within the
next six months.”

**Amendment** **17.** **In** the principal Act, jn section 76 —

**of section 76***

(i) in sub-section (4 , in the seventh line, f®r lhe word

“forth-[f] ully” the words “ fortb-fuHy ” shall be
substituted.

(ii) in sub-section (5), in the seventh line, for the wards

                    - to inspect’, the words “ for inspection ” shall be

substituted.

**Amendment** **18. In** the principal Act, in section ‘3, in sub-section (4),

**ofsection8 3.** in clause **(i)** in the second 1 ne, for the wo, d “bunding”

the w.rd “bunding” shall be substituted.

Amendment 19. In the principal Aet in section 90.—

**of lection 90.**

,i) in sub-section (> ),in clause V, in the second line

the word ‘cf” shall be deleted.

(ii) In sub-section (12), in clause V, for the word

“liaison” the word “liaison” shall be substituted.

(iii) in sub-section (16), in clause (iii), for the werd

“propagation”, the word “propagation” shall be
substituted.

(iv) in sub-section (17), in clause (iii , in the first line,

in between the word “Balwadies” end “High”, the
punctuation mark ‘comma” shall be inserted.

**Amendment** 20. in the principal Act, in section (92 ), in sub-section (2)

**of section 92.** in the fourth line, for the verd “bands” , the words

“hand” , shall be substituted.

**Amendment** **21 .** in the princij’al Act, in section 96, in sub-section (1),

**of section 96.** in the second line, after the word (year’, ft r the word
‘in’, the word “a” shall be substituted.


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THE AS SAM GA ZETTE, EX TRAO RD INAR Y, **APR. 30, 1997 879**

**AtnendTient** **22. in the principal Act. in section 109.** **in sub-section (6)**

**inQSeCll°n** ***B** **t *, e third** **and fourtk** **line,** **in** **between the word**

**“lakh” and “shall”** **the words “and less tkan three**

**lakhs”** **shall be deleted.**

**Amendment 23.** **in the principal Act, in section 111, for sub-section (j),**

**of section** **the following shall be substituted, namely :—**

**111,**

**“ (j) No person shall b*** **disqualified on** **the greurd**

**that he is** **less than twenty** **five years of age, if he**

**has at'alned the age of twenty owe** **years.”**

**Amendment 24, In the pi incipal Ac?, in section 130 the** **following shall**

**°3f0** **,lc t lo a** **be inserted as a proviso** **thereto namely :—**

**“Provided that inca se of dissolution by a resolution passed**
**by the Legislative Assembly all the powers** **and duties of**

**Gaon Panchayats or Ancballk Panchayats shall, during the**
**period af such dissolution, be exercised and performed hy**

**r,** **such officer not below the rank of a Gazetted Officer, as the**

**j** **Government may from time to time appoint in this behalf.”**

M. **K. DEKA,**

**Secretary to the Govt, of Assam,**

**Legislative Department.**

GUWAH AT I— Printed & published by the Dy. Direc»er (P. & S.)

**Directorate of Ptg. & Sty., Assam* Guwahati-21** **(Ex-Gazette)**

**No. 233-7 50-6 05—30-4-1997.**


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