The Assam Panchayat Act, 1994
###### ASSAM ACT NO XVIII OF 1994

 (Received the assent of the Governor on 5th May, 1994)

THE ASSAM PANCHAYAT ACT, 1994

AN

ACT

to amend and consolidate laws relating to Panchayats in

Preamble, Whereas it is expedient to amend and consolidate laws relating

to Pabchayats in Assam.

It is hereby enactsd in the Forty-fifth Year of Republic of India

as follows :—

Shor* title , 1. (1) This Act may be called the Assam Panchayat Act, 1994.

**extent** **and**

**commence­**
**m ent.** (2) It shall extend to the whole of A^sam in the rural areas

except the Autonomous Distiicts under the Sixth Schedule

of the Constitution of India and shall exclude any area

which has been or hereinafter may be included in a Muni­
cipality rr a Town Committee or a Cantonment constituted

under the Assam Municipal Act, 1956 and the Cantonment

.let, 1924 respectively or by any other Act.

(3) It shall com into force at once.

Definition 2. In this Act, unless there is anything repugnant in thq

subject or context

. 0) *'Gaon Sabha” means a body consisting of persons registered.!
in the electoral rolls relating to a village comprised witbin the area of i
"Gaon Panchayat”; ' '

(2) ‘ “Gaon Panchayat” means a Gacn Panchayat established under

this Act;

(3) “Anchalil Panchayat” means an Ancbalik Panchayat estab­

lished under this Act;

(4) “Zilla Parishad” means a Zdla Paris[v] ad established under this
Act;

(*\ “Local Authority” ivcludts Gaon Sabha, Gaon Panchayat,

Anchalik Panchayat, Zilla Parishad, Municipal Corporation Municipal
Boards and Town Committees ;


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(6) “ Notification” means a notification published in the afficia

G azette;

(7) “ Panchayati Raj Bodies” means the Gaon Paachayat, Ancha^

        - lik Paachayat and Zilla Pari shad;

(8) ‘‘Adult’’ means a person male or female having completed his

or her eijh’een years cf ag e;

(9) ‘‘Village” means any local area, tecorded as a village in the

revenue record f thj District in which it is situated and includes any
areas which the State Government may, by general or special order,
declare to be a village for the purpose of this A ct;

(10) “ Co-operative Society” means a society registered or deemed

'o be registered made the Assam Co-operative Societies Act, 1949, or
under any Central Act legulating the registration’ of Co-operative

societies;

(11) “ Member” means a member of a Gaon Pancha yat of a Ancha-

lik Panchayat or of a Zilla Panshad ;

(12) “Ex-cfficio Member” means a member who is appointed to

be a me iber by virtue of his office, and for the purpose cf Gaon
Panchayat or Anchalik Panchayat or Zilla Perishad and may include

local Members of Parliament, T cal Members of Legislative Assembly,

State G< vernment Officials, Representative of local Co-operative Societies
snd representative of local scheduled er non-scfceduled banks;

(13) “ Co-opted Member” means a person co-opted to be a mem­

ber of a Gaon Pane -ayat or Anchalik PancLayat or Zilla Parishad ;

(14) “Scheduled Caste” means such caste, race or tribe or part

of or group within such caste, race or tribe as is deemed to be

Scheduled Caste in relation to the State of Assam under Article 341

of the Constitution cf India ;

(15) “ Scheduled Tribe” means such tribe or tribal community as

is deemed to be Scheduled Tribe in relation to the Staife of Assam
under Article 342 of the Constitution of India ;

(16) “ Public-Servant” means a public servant as defined in Section

21 of the Indian Penal Code, i860 ;

(17) “ Public Property” means any property belonging to Govern­

ment or any local authority ;

(18) “District” means a district in a State ;

(19) “ Bazar, Ha at or M arket” means, any place within the

administrative control of the local authority where persons assemble

daily or bi-weekly or periodically for sale or purchase of article fo


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596 THE ASSA M GAZETTE. EXTRAORDINARY, MAY 6, 1994

human or aalm'il Consumptions or of livestocks or of other marchan-
dise ;

(20) “Carriage” means any wheeled vehicle with springs or o her

appliances acting as spring or a kind ordinarily used for conveyance
of human beings and includes bicycles, tricycles, rickshas, of all
kinds and country boat whether operated with or without engine but
does not include motor-vehicle and perambulators ;

(21) “Cart” means any cart, hackney or wheeled vehicle with or

without springs which is s ot a carriage as defined it sub-section 20 ;

(22) “Cattie’’ includes such quadrupeds as are included in the

Cattle Tresspass Act, 1981 ;

23) The expression ‘’Complaint” and “Offence” shall have the

same meaning as in Section 2 o< the Gode of Criminal Procedure,

1973 ;

(24) “Bye-Law” means bye-law made and approved under the

provision o this Act ;

(25) The expression “Decree Holder” “Judgement” "Debtor” “Legal

representative” and “Moveable Property” shall have the same meaning

as in Section 2 of the Code of Civil Procedure, 1988 ; k

(26) (i) “Financial year” means the year commencing on the first

day of April every year and ending on the thirty-first

day of March next year.

(ii) “Panchayat Year” means the year commencing on the

first day of July or on such other date as the State

Government may by notification appoint.

(27) “House-hold” means a house or houses used by a family for

dwelling purposes ( house includes building ) ;

(28) “Prescribed” means piiscribed by the State Government by

rules made under this Act;

(29) “Proceedings” means any proceeding specified under this

Act, other than ‘case’, ‘action’ or ‘suit’ ;

(30) “Water Course” includes river, stream, channel, tank, well

and aquaduct;

(31) “Sur-charge” means an additional charge or payment;

(32) “Development Departments” under the provision of this Act

shall include such departments as maybe notified by the State Govern­
ment from time to time;


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G IE ASSAM GAZETT3, EXTRA )RD1 n ARY, **MAY** 6, **1994______** **597**

(33) “ State Government” means the Government in the Panchayat

aad Rural Devel pmcnt Depa>tment, Assam ;

(34) “Pre sident” means a non-official who is elected as the

President of Gaon P. ch ya or Anchalik Panchayat or Zilla Parishad ;

(35; “ Vice-Pres ent ;reans a non-official who s elected as tbe

Vice-Pies cent of Gacn Panchayat or Anchalik Panchayat or Zilla

Parish-id ;

(36) “ Chair--; < raon” means the elected Non.- fficial head, either

male i '• female as die c.,s . may be, of Gaon Panchayat or Anchalik

Panchayat or a Z -.l» Parishad er a District Planning Committee ;

(37) “ Block Dev lop ent Officer” means an officer who is noti­

fied as such for a development block ;

(38) ‘ C lief Executive Officer” meam the executive head of the

office of Zilla Paiishad ;

(39, “ Executive Officer” means the Block Development Officer, who

shall function as executive Office, ef an Anchalik Panchayat, the

boundary of which is co terniinous with that of the Development Blocks ;

(40) “ S ecietar/’ means th Secretary of a Gaon Panchayat;

(41) “ Deputy Commissioner” means the Deputy Commissioner of

a district so notified by the Gov.rament. The term Deputy Commi­
ssioner shall rnea and induce an Additional Deputy Commissioner

and a Sub-Divisn-ual Officer o an cutlying Sub-Division.

CHAPTER—II x

CONST1TU ■ ON OF DISTRICT PLA ,NING COMMITTEE

3. (I) The Gove.nmert shall constitute in every district a District

constitution Planning Committee to consolidate the Plans pitpared by Zilla

lanning[r] c ^ [P a r i s i a d] ’ ApcbaJik Panchay-.t-, Gaon Ponchayats, Town Committees,

wmittee. Municipalities and Municipal Corporations, in the district and to

prepare a draft development p’an for the district as a whole.

(2) The District Planning Committee shall consists of

(*) The members of the Home cf peopL who represent the whole

or part of the district;

(b) The members of the Assam Legislative Assembly whose major

part of the constituencies fall within the District ;

(c) The Presi . ent of the Zilla Parishad ;

(d) The Mayor or the Chairperson of ths Municipal Corporation/

Municipal Board/Town Committee as the case may be having
JUrisdic'ion over the Head Quarter of the District.


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THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994

(e) Such number of persons not less than four fifth of the total

number of Members as may be specified by the Government,

, elected in the prescribed manner from amongst the members
of the Zilla Par;shad, Councillors f a . nicipal Corporation or

the Municipalities as the case may be, and the members of the
Town Committees in the Districts on rotation annually and in
proportion to the ratio between the population of the rural areas

and of the urban areas of the District.

(3) The Deputy Commissioner shall be a permanent invitee of the

Committee as an Ex-Officio Member.

(4) The Chief Excecutive Officer of the Zilla Parisha 1 shall be

the Ex-Officio Secretary of the C ommittee.

(5) The president of the Zilla Parishad shall be Ex-Officio Chair­

man of the District Planning Committee.

(6) The District Planning Committee shall consolidate the plan

prepared by the Zilla Parishad, Anchalik P mchayats ard Gaon Pan-

chayats, Town Committees, Municipalities and Municipal Corporation
in the District and preprre a draft development plan for the District
as a whole.

(7) Every District Planning Committee shali in preparing the

draft development plan ;

(a) have tegard to—

(i) the matter of cotr.muj interest between Zilla Parishad,

Anchalik Panchayats, Gaon Panchayats, Municipalities or

Municipal Corporation as the case may be, and the Town

Committee in the District including Sectoral Planning sharing
of water and other physical and natural resources, the

in egrated development of inf'aBtiuctures and environmental
conservation ;

(ii) the extent and type of available resources whether financial

or otherw ise ;

(iii) consult such instructions and organisations as the Governor

may by order, specify.
                                 -

**(8)** The Chairperson of every District Planning Committee shall

**forward** the District Plan, as recommended by such committee, **to the**
Government for approval within a specified period as may be pres­
cribed by the State Government,

CHAPTER—-III

GAON SABHA

Sabha. 4. (1) Subject to the general orders of the Government:—

(i) the Gaon Sabha shall meet from time to timte but a

period of three months shall net intervene between any

two meetings;


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(li) the Gaon Sabha shall consist of persons registered in electoral

rolls relating to a village or a group of villages comprised
within the area of the Gaon Panchayat;

(iii) the Gaon Sabha shall consider the following matters and

may make recommendations and suggestions to the Gaon

Panchayats ;

(a) the report in respect _o f Development Programme of the_

Gaon Panchayat relating to the preceding year and development pro­

gramme proposed to be undertaken during the current year;

(b) the promotion of unity and harmony among all sections of

society in the villages;

(c) such ether matters as may be prescribed.

(2) The Gaon Panchayat shall give due consideration to the

recommendations and suggestiors of the Gaon Sabha.

3) Every meeting of tr .aon Sabha may be presided over by

the President of the concerned Gaon Panchayat ard in his absence
by the Vice-Presiden or ar.y person to be selected by the majority
of the Gaon Sabha member, for that meeting.

(4) The meeting of the Gaon Sabha shall be convened by the

Secretary of the . Gaon Panchayat with due approval of the President

of the Gaon Pauchayat »t.d in consultation wnh the Block Develop­

ment Officer concerned provided wide rublicitv is given fifteen days

ahead of the date f r holding [f] he Gaon Sabha Meeting. ■V.

(5) If the President fail to approve the convening of the Gaon

Sabha, the Secretary of the Gaon Panchayat shall convene the Gaon
Sabha in time in consultation with the B. D. O. Whenever, Anchalik
Pancha-at direct for holding such G»cn Sabha for the purpose for
selection of beneficiary o' Rural Dvelcpmen* Programmes, the Secre­
tary of the Gaon Panchayat will convene the meeting within twenty
days time.

Quorum. ([6] ) (*)-~[T] h[e] quorum for a. meeting of the Gao i Sabha

sha’l be one-tenth of the total members or one hundred
number of v ters of the village/villagt s whichever is less.

(ii) If at the time of appointment for the meeting, a quorum

is not present, the presiding authority shall wait for thirty
minutes, and if within such period/ there is ro quorum,
the pre iding authority shall adjourn the meeting to same

dry of the following week or any other date or time which
shall not be less than twenty-four hours and more than
seven days. The adjourned meeting shall not require quorum
for taking up the business which could not be considered

at the meeting so fixed.


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(7) Resolution: Any resolution to the matter entrusted to the

Goan Sabha under this Act, shall have to be passed by a majority
of votes of the reembers present.

(8) Functions : The Gaon Sabha t ’-all perform the following

functions namely :

(a) mobilising voluntary labour and contribution in kind and

cash for the Community Welfare Programmes;

(b) identification of beneficiaries for the implements tion of deve­

lopment schemes pertaining to the villages:

Provided that in case the Gaon Sabha fails to identify the bene­

ficiaries within a reasonable time, the Secretary of the Gaon Panchayat
in consultation with the President o;' the Gaon Prrchayat and t?w
Block Development Officer conceded viJl identify the beneficiaries
including the beneficiaries under Integrated Rural Development Pro­

gramme ;

Provided further that if the Secretary fails to convene the

Gaon Sabha in time for selection of beneficiaries for Rural Deve­

lopment Programme, the Block Development Officer shall convene the
Gaon Sabha for such specific purpose ;

(c) rendering all kinds cf assistance in th; implementation of

development schemes pertaining to villages and rendering services in

the villages.

(9) The President, Vice-Presider t and the members of the Gaon

Pancbayat/Anchalik Panchayat shall not be er>tit* d to any sitting

allowance for attending the Gaon Sabha.

CHAPTER—IV

I

ESTABLISHMENT AND CONSTITUTION OF GAON

PANCHAYAT

Establish- 5. (1) The State Government may, by notification, declare 5hy

mevt ofGaon|o c a i area comprising a revenue vihage or a grout cf revenue

Fanchayat. v [j]|]a [g]e s o r a [ Forest vijJage or ] [a Tea ] [G rden ] [area or ] [hamlets forming ]
part of revenue village or Fores village or Tea Garden area or

other such administrative unit or par thereof to be Gaon Panchayat

with population of its territory not less than six thousand and not

more than ten thousand :.

Provided that, vhere a greu f revenue villages or Forest villages

or Tea Garden areas or hamlets or other such administrative units

or part thereof is declarer to be a village, the Village sl ab be known
of as revenue tillage, hamlet, adwfo Lvative -nri. o/ prrt thereof as.,

the case may be, having the largest population.


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(2) After consultation with the Gaon Panchayat, if' it had already

been established, the Government may, by similar notification, at any
time—

(a) include within or exclude from any village, any local area

or otherwise, from the limit of any village; or

(b) declare that any local area shall cease to be a village and

thereupon the local area shall be so excluded from the limit of the
village so altered.

(3) Every Gaon Panohayat shall be a body corporate by the name

of ............ ........   Gaon Panchayat having perpetual succession and
a common seal, with power to acquire and hold property both movable
and immovable, whether within or without the limits of the village
over which it has authority and may in its corporate name sue and

Mr be sued.

tionofGaon ®[a o n] Panchayat shall consist o f:

Panchayat,

(a) Ten members to be directly elected by the voters of the

territorial constituencies of the Gaon Panchayat area—one from each
constituency in the manner prescribed.

(b) President of the Gaon Panchayat who shall be elected directly

by the voters of the territorial constituencies of the Gaon Panchayat
area in the manner prescribed.

(2) For the convenience of election, :he prescribed: authority shall

in accordance with such rules as may be prescribed in this behalf
by the Government, divide the area of the Gaon Panchayat into ten
territorial constituencies and allot one seat for each constituency.

(3) When the Gaon Panchayat is constituted under this Seetion,

the Deputy Courtissioner or an officer authorised by the Deputy

_<t_ Commissioner for this purpose shall call a meeting of the Gaon Pan­
chayat (which shall be fa erein-after called the first meeting of the Gaon

Panchayat) for election of a Vice-President from amongst the members

« in the manner prescribed.

Duration 7. Every Gaon Panchayat, save as otherwise provided in this

of G aon Act, shall continue for a term of five years from the date
Panchayat. a [pp]O[j]n [t] a<[l f]o r first meeting:

Provided that the term of ths office fixed under this sub-section

shall be held to inci de any period which may elapse between the
expiration of the said period and the date of the first meeting of the
Gaon Panchayat newly constituted in which a quorum shall be present
when a Gaon Panchayat shall itand dissolved.
i

Election to 8. (1) The election to constitute a Gaon Panchayat shall be com­

Gaon corwti t u t e Pan­ pleted:—

chayat. (a) before the expiration of its duration specified in Section (7).


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i&dashad-Bih li' .V ' ■ 1 ’>

(b) in case of dissolution, before the expiratf®n of a period

of six months from the date cf its dissolution:

Provided that wMre the reminder of the period for which the

dissolved Gaon Panchayat would have continued is less than six months,
it shall not be necessary to hold any election under this sub-section
for constituting the G e on Panchayat for such period. \

(2) Gaon Panchayat constituted upon the dissolution of a Gaon

Panchayat before the expiration of its duration shall continue only for
reminder of the period for which the dissolved Gaon Panchayat would'
have continued under Section-(7) had it ne t been so dissolved.

**Rese** **_r v a-_** 9. (1) In every Gaon Panchayat seats shall be reserved for :—

**tlon of Seat»**
**of G a o n** A
**Panchayat.**

(a) Scheduled Caste, and

(b) Scheduled Tribes,

and the number of seats so reserved shall bear, is nearly as

may be, the same proportion of the total number **of** seats to be filled
up by direct election in that Panchayat as the papulation of the Sche­
duled Castes in that Gaon Panchayat area or ©f the Scheduled Tribes
in that area bears to the total population of that area and such **seats**
shall be allotted by rotation to different constituencies in a Gaon Pan­
chayat in such manner as may be prescribed.

(2) Not less than one-third of the total nuaaber of seats reserved

under sub-secticn-(l) shall be reserved for women belonging to the
Scheduled C ases or as the case may be, the Scheduled Tribes.

(3) Not less than one.third (including the number of seats reserved

for women belenging to the Scheduled Caste and the Scheduled Tribes)

of the total number of seats to be filled up by direct election in every,2
Gaon Panchayat shall be reserved for women and such seats m aybe
allotted by rotation to different constituencies in the Gaon Panchayate
in such manner as may be prescribe*.

(4) The Offices of the Chairpersons in the Gaon Panchayats shall

be reserved for the Scheduled Castes, Scheduled Tribes and women in
such manner as may be prescribed:

Provided that the number of offices of Chairpersons reserved for

the Scheduled Castes or Scheduled Tribes in the Gaon Panchayats shall
bear as nearly as n ay be, the same proportion to the total number of
such offices in the Gaoa Panchayats as the population of the Scheduled
Castes in the State or ot the Scheduled Tribes in the State bears to

the total population of the State :

Provided further that not lesB than one-third of the total number

of offices of Chairpersons in the Gaon Panchayats shall be reserved

for women:


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Provided also that the number of offices reserved under this sub

section shall be allotted by rotation to diffeient Gaon **Panchayats.**

Election of 10. (1) After the election of the President of the Gaon Panchayat under

Pres i d e n t s e c tion 6 (1) (b) and rhe Vice-Prs.sident under Section 6 (3) if **any**
President'of [v a c a a c y ] o c c a r s by reason of death, resignation or removal in **the**

Gwn [ei]p»n- of the President or the Vice-President as the case may be,

chayat. the Gaon Panchayat shall elect the President under Section 6(1) (b) or
the Vice-President under Section 6 (3) as the case may be :

Provided that no election shall be heid if the vacancy is for **a**

period of less than one month.

(2) Subject to the general or special order of the **Government,**

the Deputy Comtnissioner shall reserve,—

(a) such number of offices of the President and the Vice-Presi­

dent of Gaon Panchayats in the district for the Scheduled **Castes**
and the Scheduled Tribes and the number of such offices bearing, **as**
nearly as way be, the same proportion to the offices **in** the **District**
on the population of the Scheduled Castes in the district or of **the**
Scheduler Tribes in the district bears to the total population of the
district.

(b) not less than one-third of the fetal number of offices **ef**

President and Vice-P resident of Gaon Panchayat in the district from

each of the categories which are reserved for persons belonging **to**

the Scheduled Castes aud Scheduled Tribes and of those which **are**
not reserved for women :

Provided that the offices reserved under this sub-section shall be

allotted by rotation to different Gaon Panchayats in such manner **as**
may be prescribed provided that the principle of rotation for purpose
of reservation cf offices under this Section shall commence from **the**
first election to be held after the eomrEeucement of this Act.

11. Any dispute relating to the validity of the election of the

Vice-President of the Gaon Panchayat under this Act shall be decided

by the Deputy Commissioner.

12. (1) The term of office of every President and every Vice*

  - s hall, save as otherwise provided in this Act, cease on th#

**tions** ofser-®[x] Pl[r]y of his term of office as amen a u. 11^ Gaon **Panchayat**

**vice of Pre­**

**sident and**

\ [iC]of[>]GS1aC Allowances and other conditions of service **of President**

Panchayat[0 a n] ^ Vice-Presideut shall be as may be prescribed.

13 (I) The President shall,—

**P o w e rs,**

**fan c t i o »**
**and dut i e*** (a) be responsible for convening the meeting of Gaon **Sabha<**

**of President**

**and V i C e-**

**Prelident o f**
**Gaon Pan­**
**chayat.**


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604 THE ASSAM GAZETTE, EXTRAORDINARY, MAY _6,_ 199 4

(b) be responsible for convening the meeting of the Gaon Pan­

chayat and preside over its meetings ;

(c) be responsible for the maintenance of the records of the Gaon

Panchayat;

(d) have the general responsibility for the financial and executive

administration of the Gaon Panchayat :

(e) exercise administrative supervision and control over work of

the staff of the Gaon Panchayat and the officers and employees whose
services may be placed at the disposal of the Gaon Panchayat by
any other authority;

(f) for the transaction of business connected with this Act

or for the purpose of making any order authorised thereby, exercise
such powers, perform such functions or discharge such duties as may
be prescribed, performed or discharged by the Gaon Panchayat under

this Act or the rules made thereunder :

Provided that the President shall not exercise such powers, per­

form such functions and discharge such duties as may be required by
the rules made under this Act;

(g) exercise such other powers, perform such other functions

and discharge such other duties as the Gaon Panchayat way, by
general or special resolution, direct or as the Government may by
rules made ia this behak, prescribe.

(2) The Vice-President shall,

(a) exercise such of the powers, perform such of the functions

and discharge such of the duties of President as the President may,
from time to time, subject to rules made in this behalf by the Gov­
ernment, delegate to him by order in writing; _Z_

Provided that the President may at any time withdraw all er

any of the powers, function aad duties so delegated to the Vice-
President;

(b) during the absence of the President, exercise all the

power s, perform all the functions and discharge all the duties of the
President with the approval of the President of the Gaon Panchayat;

(c) z exercise such ether powers, performs such other functions

and discharge such other duties as the Gaon Panchayat may, by general

or special reselution, direct or as the Government may, by rules
made in thu behali, prescribe.

**Resignation** (1) The President er the Vice-President of Gaon Panchay at may resign

and **Remo-his office by writing under his hand addressed to the Deputy Com-**
val of Presi-missicner and to the President of the Gaon Panchayat, as the case

**Vice dent** **Presi- an d jxiav be.3** **■**

**4 cat.**


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l

(2) Every resignation under sub' sect’on (I) shall take effect

on the expiry of fifteen days from the date of itsreceipt by the

authority unless within this period of fifteen ays he withdraws

such resignation by writing under his hand addressed to the Deputy
Commissioner in case of President and to the President of the

Gaon Panchayat in respect of Vice-President.

(3) Every President or Vite-President shall vacate the office if

M he ceases to be member of Gaon Panchayat.

No. confide- 15. (1) Every President or Vice-Pretident s all be deemed to have

nee motion vacated his office forthwith when resolution expressing want of confi-

nresHent and [d e n c e] *n *s Pa s se u by a majority of two-thira of the total num-

Vice-Preside-^[e r] of members of the Gaon Panchayst.

**nt.**

Such a meeting shall be spacially convened by the Secretary of the

Goan Panchayat w ith approval cf the President of the Gaon Panchayat.

Such meeting sha’l 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 Panchayat shall refer the matter to the

President ot the concerned Anchalik Panchayat wtio shall arrange to
convene the meering within fifteen days from the receipt of intimation
from the Secretary of the Goan Panchayat and preside over such

meetirg.

In case the President of the Anohalik Panckayat dues ro t take

action as above within the specified fifteen days time the c.cerned

Deputy Commissioner may refer the matter to the Zilia Parishad for

necessary action.

(2) The requisition for such a special meeting under Sub-Sec­

tio n —(1) shall be signed by rot less than one third of the total nutn-

« ber ef members of the Gaon Panchayat and shall be delivered to the
President or Vice President as the case may be, of the concerned Ancha-
lik Panchayat wbh intimation to the Deputy Commissioner of ihe

District.

A (3) Without prejudice to the provision under this Act a

President or a Vice-President of a Gaon Panchayat may be removed
from office by the concerned Anchalik Panchayat with the approval of
the Zila Parhhad for misconduct of his/her duties or neglects or

incapacity to perform his/her duties-or for being persistently remiss
in the discharge of or guilty of any disgraceful conduct and President
or Vice-President so removed shall not be eligible for re-election as
Presiden or Vice-President during the remaining term of office either
**as** President or Vice-President of such Gaon Panchayat.

Provided (hat no such President or Vice-President of a Gaon

Panchayat shall be removed from office unless he is given reasonable
opportunity to furnish explanation to the Anchalik Panchayat.

(4) A Vice-President so removed from his office under

jub-ieefion (3) may also be removed from membership of the Gaon


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1©94

**Panchayat by the Government after the giving** **member a reasonable**

**opportunity to furnish his explanation**

**Resignation** **lb. A member of a** **Gaon Panchayat may resign his membership**

**of members, in writing under** **his** **hand** **addressed to the President of the Gaon**

**Panchayai.**

**Meeting ®f** **l** **[7]- (1) A Gaon Panchayat shall meet for the transaction of business**

**the Gaon** **at least once** **in two months at the office of the Gaon Panchayat**

**p*ncbayat.** **a n ([j ]** **a** **[t ]** **SUC[a time as the President may determine.]**

**(2)** **The President whenever be thinks fit, and shall, upon the**

**written request of not less** **than** **one third** **of the total number of**

**members and on a date within fifteen days irom the receipt of such**
**request, call a special meeting.**

**(3)** **Seven cle.r days notice of an ordinary meeting and three**

**clear days notice of a special meeting specifying the place, date and**

**time of such meeting and the business to be transacted therein shall**
**be given by ‘he Secretary of the** **Gaon** **Panchayat and** **fix** **the**

**notice on the notice-board of the Gaon Panahayat offiee.**

**(4) The officers to whom** **notice is given under sub-iectioa (3)**

**and other Government officers having jurisdiction over the Gaon Pan­**
**chayat area or** **any part thereof shall be entitled to attend every**

**meeting of the Gaon Panchayat and take part in the proceedings but**
**shall not be entitled to** **vote.**

**(5) If the President fail to call a special meeting under lub-scc-**

**ction(2), the Vice-Presinent or in his absence, one third of the total**
**number of members may call such a meeting on a day not more than**
**fifteen days thereafter and require the Secretary of che Gaon Pancha-** **~**
**yat to issue notice to the members and to take such action as may**
**be necessary to convene the meeting.**

**18. (1) The Quorum for a meeting of the Gaon Panchayat shall**

**Quorum and u v** w **e** **[ third of the total number of members.]**
Procedure.

**(2) If at the time appointed for the meeting a** **quorum is not**

**present, the presiding authority shall wait for fhrity minutes,** **and if**

**within such period there is no quorum, the presiding authority shall**
**adjourn** **the meeting to such time on the following day or such future**

**date as he may fix but not beyond fifteen days trom the date of the**
**adjourned meeting.** **However, the adjourned meeting shall require no**

**quorum.**

**(3) The business which could not be considered** **at the meeting**

**so adjourned for want of quorum, shall be brought before and** **dis­**

**posed of at the meeting so fixed.**


-----

(4) **Save** as otherwise provided by or unde® **this Act, at every**

**nwetiag of** Gaon Panchayat, the President or in his absence **the**

Vice-President shall preside.

(5) The voting, in any meeting of Gaon Panchayat, if required,

shall be by raising of bands, except in the meeting **where no-confide­**
nce motion **is** discussed where the matter will be **decided by secret**
ballot.

« (6) All questions shall, unless otherwise specifically provided, **be**

decid rd by a majority of votes of the members present. **The Presi-**
dent/Vice-Presiden* presiding, as the case rray be, unless he refrains
**from** voting, shall give bis vote before declaring ths number of votes

for aad against a question and in the case of equality of votes, he may

**•** **give big** casting **vote.**

(7) No member of a Gaon Panehavat shall vote on, or take part

in the discussion of, any question coming up fcr Goasideratton at a
meeting of Gaon Panchayat, if the question is oee in which apart
from its general application to the public, he hes any **pecuniary in­**
terest, and if the person pr-tsidir-g ^as such **an** interest, he **shall net**
pieside over the msetlng when such question c«»es **np** for **considera­**
tion.

(8) If the person presi ins is believed by any member present at

the meeting to have any sucu pecuniary in’er-st in any matter under
discussion, and it a motion to that effect b< tarried, he shall not

preside at the meeting during such disetssien or vote on or take pari
in it. Any member cf the Geon Parchsyai n ay be **chosen to pre­**
side at the meeting during its continuance of such discussion.

Functions of lg. Subject to such conditions as may be specified by the Govern-

chavat [P a]”' [m e n t] ^r o m time to time, ths G-ton Panchayat shall peiform the

functions specified below :—

1. GENERAL FUNCTION

(1) Preparation of Annual Plans for the development **of the**

  - Gaon Panchayat area.

(2) Preparation of Annual Budget of Gaon Panchayat.

(3) Mobilisation of reliefs in natural calamities.

(4) Removal of encroachments on public propertiea.

(5) Organising voluntary labours and contribution for community

vorks.

(6) Maintenance of essential statistics of villages.


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II AGRICULTURE INCLUDING AGRICULTURE EXTENSION

(1) Identification and implementation of various Agricultural Sch­

emes amounting not exceeding rupees fifty thousand for agricultural
development in the Gaon Panchayat Area with technical assistance
from Agriculture-, Co-operation, Irrigation and other concerned

departments.

(2) Development tf waste lands.

(3) Development and maintenance of village grazing lands and-

preventing their unauthorised alienation and use.

III. ANIMAL HUSBANDRY, DAIRY DEVELOPMENT AND

POULTRY:
### *

(1) Improvement of bteed of cattle, poultry and other livestock.

(2) Promotion of dairy faming, poultry and piggery.

(3) Gt assland development.

IV. FISHERIES:

(1) Development of fisheries in the villages.

V. SOCIAL AND FARM FORESTRY/MINOR FOREST PRODUCE,

FUEL AND FODDER:

(1) Planting and preservation of trees on the sides of roads and

other public land under its control.

(2) Plantation of firewood trees and fodder development,

(3) Promotion of farm forestry.

4
(4) Development of social forestry.

VI. KHADI, VILLAGE AND COTTAGE INDUSTRIES:

A
(1) Promotion of rural and cottage industries.

(2) Organisation of awarenets camps, seminar and training pro­

gramme, agriculture! and industrial exhibition for the benefit of the
rural people.

VII. RURAL HOUSING:

(1) Distribution of house sites wuhin its jurisdiction.

(2) Maintenance of records relating to the houses, site and

other private/public properties.


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VIII. DRINKING WATER:

(1) Construction, repairs and maintenance of drinking water wells,

tanks ponds and tube-wells.

(2) Prevention and control of water pollution.

(3) '4aintenan.ee of ru<al water supply scheme.

IX. ROA OS, BUILDINGS. CULVERTS, BRIDGES, FERRIES,

###### • waterways and other means of communication.

(1) Construction and maintenance of village roads, drains and culverts.

(2) Maintenance of buildings under its control or transferred to

$ it by the Government or any public authority.

(3) Maintenance of boafs, ferries and water ways,

X. RURAL ELECTRIFICATION: ;; ;

Including identification of locality for distribution of electricity, pro­

viding for and maintenance of lighting of public streets and other
places.

jsbauoig l«hrc a .. ... m ■

XI. N ON-CONVENTIONAL ENERGY SOURCES:

###### -- j . i'­

ll) Promotion and development of non-c^nventional energy sources.
. . . . . . . . 3 .

(2) Maintenance cf community non-conventional energy device,

including bio-gas plants.

(3- Propagation of improved chulhas and other efficient energy

devices.

< XII. POVERTY ALLEVIATION PROGRAMME:

(1) Promotion of public awareness and participation in implemen­

tation of poverty alleviation programme for lulser employment and crea­
tion of productive assets-for the community.

(2) S lection of beneficiaries under varieus programmes including

IRDP through Gaon Sabha.

(3) Participation in effective implementation of various schemes

and monitorin

XIII. EDUCATION INCLUDING PRIMARY SCHOOLS :

1 Pr motion cf pub c awaieness and participation in Primary

          - rd'Secondary Education.
(2) Emuri g ull earo'meat a d ttehdai.cc in Primary Schools

and its ' er rgemcnt i ; c.vcir.g the attendance x f the Primary School

teac ers. ;


-----

XIV. ADULT AND NON-FORMAL EDUCATION

(1) Promotion of adult literacy.

XV. LIBRARISE:

(1) Organisation of village library and reading rooms.

XVI. CULTURAL ACTIVITIES:

(1) Promotion of social and cultural activities.

XVII. MARKETS AND FAIRS:

(1) Regulation of fairs including cattle fairs and festivals.

XVIII. RURAL SANITATION :

(1) Maintenance of general sanitation, cremation and burial

grounds.

(2) Clearing of public roads, drains, tanks, ponds, wells and other

public places.

(3) Maintenance and regulation of burning and burial grounds.

(4) Construction and maintenance of public latrines.

(5) Disposal of unclaimed corposes and carcasses.

(6) Management and control of washing and bathing ghats.

XIX. PUBLIC HEALTH AND FAMILY WELFARE :

(1) Implementation of family welfare programme.

(2) Prevention and remedial measures against epidemics.

(3) Regulation oi sale of meat, fish nd other perishable food

articles.

A
(4) Participation in programmes of human and animal vaccination.

(5) Licensing of eating and entertainment establishment.

(6) Destruction of stray dogs.

(7) Regulation of caring, tanning and dyeing of skins and hides.

(8) Regulation of offensive ai d dangerous trades.

XX. WOMEN AND CHILD DEVELOPMENT:

(1) Participation in the implementation of women and child welfare

programme.


-----

(2) Promotion of school health and nutrition programme.

XXI SOCIAL WELFARE INCLUDING WELFARE OF HANDI­

CAPPED AND MENTALLY RETARDED:

(1) Participation in the implementation of the social welfare pro­

gramme, including welfare of the handicapped, mentally retarded and
destitutes and distribution of foodstuff oa Social welfare programmes.

(2) Selection of beneficiaries and monitoring of the old age and

widows pension schemes.

XXII. WELFARE OF THE WEAKER SECTIONS AND IN

PARTICULAR THE SCHEDULED CASTES AND

SCHEDULED TRIBES :

(!) Promotion of public awareness with regard to welfare af

Scheduled Caites and Scheduled Tribes and other weaker sections.

(2) Participation in the implementation of the specific progra­

mmes for the welfare of the weaker section.

XXIII. PUBLIC DISTRIBUTION SYSTEM :

(1) Promotion of public awareness with regaid to the distribu­

tion of essential commodities.

(2) Monitoring the public distribution system including keeping

sharp vigilance to ensure full and equitable distribution of essential
commodities allotted by the State Government.

XXIV. MAINTENANCE OF COMMUNITY ASSETS :

(1) Maintenance of Community Assets.

(2) Preservation and maintenance of other Community Assets.

XXV. CONSTRUCTION AND MAINTENANCE OF DHARAM-

SALAS AND SIMILAR INSTITUTIONS.

XXVI. CONSTRUCTION AND MAINTENANCE OF CATTLE

SHEDS POUNDS AND CART STANDS.

XXVII. MAINTENANCE OF PUBLIC PARKS AND PLAY

GROUNDS.

XXVIII. CONSTRUCTION AND MAINTENANCE OF SLAU­

GHTER HOUSES.

XXIX. MAINTENANCE AND REGULATION OP MANURE.
XXX. SUCH OTHER FUNCTIONS AS MAYBE ENTRUSTED

FROM TIME IO TIME BY ORDER OF THE GOVT.
IN THE DEPTT. OF PANCHAYAT AND RURAL

DEVELOPMENT.


-----

612 THE ASSAM GAZETTE. EXTRAORDINARY, MAY. 6, 1994

Assignment 20, (1) The Government may. by notification an l subject to such

offuncuons. c o itio n s as may 'be specified therein,—

(a) transfer to any Gaon Panchayat the management and taam-

ten a nee of a forest situated in the Panchayat area ;
’’"I ;

###### ? -[(b)] make ever ’to the Gaon Psnchayat the management of waste______ ______ ____ „

lands, pasture lands or vacant lands belonging to the Government

situated within the Panchayat area:

(c) Provided that when any transfer of the management and

BiaiDienanse of a forest is made under danse (a), the Government

shall direct that any amount required for such management and

maintenance or an adeqmte portion of income from such forest be
placed at the disposal of the Gaon Panchayat.

_(2)_ _The Government may, bv notification modify any_ functions

assigned in this Section.

G eneral 21. A Gaon P nchayat shall have powers io d o all acts necessary

powers of for or incidental to the carrying out of the functions entrusted, assigned

chayafcu o t delegated to it aud, in particular, and without prejudice to the
foregoing powers, to exercise all powers specified in this Act.to exercise all powers specified in this Act.

Standing 22. (1) Every Gaon Fanchayat shall constitute the following Staa-

Committees. d»ng Committees by election from amongst the elected members

of the ‘G ass Panchayat-—

(i) Develrpn'ent committee for performing functions relating to

agricultural production, animal husbandry and rural industries and
poverty alleviation programmes,

(ii) Social justice committee for performing functions relating to :—

(a) promotion of educational, economic, social, caiteral and other

interests of Scheduled Castes and Scheduled Tribes and Backward
Classes;

protection of such castes and classes from social injustice

          - and anyJ [b)] form of exploitations ; '

U t t (c) welfare of women and children.

(iii) Social welfare committee to perform functions in respect of

-UAd

education, public health, public works and other functions of the Gaon
Panchayat.

.iLHU/J

(2) (a) Each committee shall consists of not less than three or

more than four members including the President or the Vice-President,

'' as the case say be. I r e President of the Gaon Panchayat shall be

_j A. *1 T T Cf <;'S_ _'-.J S'!_ Ex-Officio me .her and Chairman of all the three commitjees :


-----

Pi vided that the socit juu'c? committee 'ball consist of one

member who is a Woman ? ir one member belonging to Scheduled
Gaite or Scheduled Tribes as case may be.

(bi The Gaon Panebay;-' shall be t ompeteut to co-opt to each

committee, ths number of Agriculture Field Management Committee,

Mahila Sa ittce, Yuba’- Sami’ ee a <’ ot er similar budies recognised

b the Govcrumewf. Such c m - ion sbonl< be decided by the Gaon

Panchayat by resolutior with majority support.

Jc) A re- resentati'e of Co-r erati > Socit'es in the Panchayat

area shall be co-opted the Development Committee :

Provided t at A® co- :ed members shall have the right to take

part in the deliberation but shall have no right to vote.

(3) The Stando;g Committees ’ all perform the functions referred

to above, to tie extent the powers are d.-ieeateti to them by the

Gaon Panchayat.

Property 23. (1) A aon Panchayat shall have powers to acquire, hold and

& fund dispose of property and to eoter into contract :

of Gaon

Panchayat.

Provided tha in all ase: of acquisition or disposal ef immovable

proper y by the Gaon Panchayat, it shall obtain the approval of
the Government.

(2) All properties. within- the loaal limit of the jurisdiction of Gaon

Panchayat, of the nature hereinafter in this section specified, otter

than property maintained by the central or State Government or a

local authority or any othei Gaon Panchayat, shall vest in and belong
to the Gaon Panchayat, and shall wTh all ether properties of what­
soever nature or kmc it nay become vested in the Gaon Panchaya’,
be under its dircc-T. management and control, that is to say—

(a) all common pr pe ties;

(b) all ■ bli Site ;, including he soil, stones and other m aterial

thereof and all drums, bridges, culverts, trees, erection, materials

implements and other thiA s provided for such streets;

(c) All ublic cha. uels, water courses, springs, tanks, ghats,

reservoirs, wells, pipes, pumps and other water works whether made,
laid or erected a’ Ac cost oi the Gaon Panchayat or otherwise, and

all bridges, buildings, engine, works, materials connected therewith

or pertaining thereto and also any adjacest land (not being private

proper-y) pertaini g io ally public tank :

Provided that water pipes and water works connected therewith

or pertaining thereto which with he consent of the Gaon Panchayat

are laid or setup in any street by the owner of any mill, factory,

workshop or the like, primarily for the use of their employees shall

not be deemed to be public water works by reason of their use by
the public.


-----

(d) all sewage, rubbish and offensive mailer deposited on streets

or collected by the Gaon Panchayat from streets, latrines, urinals,

sewers and other places ;

(e) all public lamps, Lamp posts and apparatus connected there­

with or pertaining thereto; and

(f) all buildings erected by the Gaon Panchayats and all lands

and buildings or the property transferred to the Gaon Panchayat by

the Central or the State Government or acquired by gift, purchase

or otherwise for local pubuc purposes.

(3) The State Government may. exclude any street, bridge or

drain from the operation of this Act or of any specified section of
this Act:

Provided that construction and maintenance of such items are done

by other agency/Goverpmeni from resources other than Gaon Pan­

chayat fund :

Provided further that if the cost of the construction ot the work

had been paid from the Gao* Pancaayat fund, such work shall not
be excluded from the operation of this Act or »>ny special

section ot this Act except after consideration of the views of

the Gaon Panchayat at a meeting.

(4) The Government may allocate to a Gaon Panchayat any

public property situated within its local jurisdictions, and thereupon
such property shall vest in and came under the control of the Gaon
Panchayat.

Gaon Pan- 24. (1) For every Gaon Panchayat there shall be constituted a

chayat f«nd. Gaon Panchayat fund bearing the name of the Gaor Panchayat and

there shall be placed to the credit thereof:—

(a) contrrbutlon and grafts, if any, made by the Central or the

State Government;

(b) contribution and grants, if any made by the Zilla Parishad,

Anchalik panchayat or any other local authority;

(c) loans, if any, granted by the Central or the State Government ;

(d) all receipts on account cf taxes, rates and fees levied by it ;

ie) all receipts in respect of any schools, hospita's, dispensary,

buildings, institutions or works vested in, ccnstrucied by or placed
under the control and managemes-t of the Gacn Panchayat.

(f) all sums received as gifts cr contribution and all income from

any trust or endowment made in favour o; the Gaon Panchayat ;

(g) such fines and penalties imposed ©r realised under the provi­

sions of this Act as may be prescribed;


-----

(h) all other sums received by or on behalf of other Gatn Paneha-

**yat.**

(2) Every Gaon Panohaynt shall get apart and apply annually **such**

sum as may be rec tied to meet the cost of its own administration

including payment of wages and purchase offurriture and other office

equipment afid suiiooery articles and to meet the charges on electri­
city, post and telegraphs, P. O. L. etc. and other iacidental **charges :**

Pcov.ded that tk ; tojal expenditure on establishment **shall not**

exceed one third of th© total expenditure of the Gaon Pancbayat **in**

a year.

(3) Every Gaon Pancbayat shall have the powers to spend such

sums as it thinks fi f r carrying out the purposes of this Act;
**♦**

(4) The G. on Panrkavat fund shall be vested in the Gaon Pan-

chayat and the balance to the credit of the fund shall be **kept in**
**the** custody **of** the **Gaon** Pancbayat Secretary.

**Taxation.** **25.** (1; Subject to such rules as may **bo** **made in** **this**

behalf, a Gaon Pancbayat shall impose yearly t—

(a) tax on houses an J structures within the local **limits ;**

(b) **on** traces and callings carried on or he’d within **the local**

limits of its jurisdiction, a lax or tie basis of the total annual
income accrued from such trades and calling.

(2) Sabjtct to such rules as rosy be made in this **behalf, a Gaon**

Panchay^t shall levy,

fa) a **dutv** in the shape of an additional stamp duty **on all pay­**

ments for admission to any entertainments;

« (b) a fee for providing sanitaiy ar/angemeat at such places of

workshop or pilgrimage, furs --id melas within its jur'sdictioa as

may be specified by the Government;

(c) a water rate, where arrangement for the supply of **water for**

a drinking, irrigation or any other purpose is made by the **Gaon Pan-**
chavat within its jurisdic ion;

(d) a lighting rate, where arrangement **for** lighting of public **streets**

and places is mad© by the Ga n Panchayat within its **jurisdiction;**

(e) a conservancy rate, w- ere arrangement for clearing **private**

latrines, uitnais is maJe by ike Gaon Panchayat within its **jurisdiction.**

(3) Subject to the rules and bye - laws framed in this behalf, **a**

Gaon Pancbayat may impose tax on the following

**(a) saie o' firewood and thatch, conservance and** slaughter **house ;**

(b) private hat, and private fisheries;


-----

(c) shops, pharmacies, tailoring, laundry, hair cutiiog saloon, car-

pentary works and automobile workshops, V., V.C.X., radio and

tape recorder repairing shops;

(d) cultivable land lying fallow for two consecutive years at a

rate not exceeding twenty five paise per oigua for every year, being

payable joint!’, or levera’ly by the cwners of such land.

(e) a cess or fee on—

(i) registration of cattle sold within he local area;

_. -jr_ _. t ■_ (ii) licence for startiag > e i stall, hotel, sweet m t at stall, restaurants;

(iii) carts, carriages, bi-cycles, boats and rickshaws of any kind; **

-ne^ _'osD_

(4) The taxes etc. shall be imposed, assessed and realised at such

time and in such manner ® may be prescribed.

(5) Any person aggrieved by assessment, levy or imposition of any

taa or fee may appeal t® the Anchallfc FanChayat. Any per­

son aggiicvad by the order of the Aaeh; lik P^achayM, may appeal

before the Zilla Parish«.i, v hese ’eciston in this regard shall

be final.

ifiOOl

(6) T e State Government, may suspend the Je '•/ or imposition of

any tax or fee at any lime and rescind such imposition in

so*O a ,1; consultation with the Zilln Par'shad.

(7) Subject to such rules as hr.^y be made in this behalf by a

Gson Panc&ayat, a Gaon Panchayat may levy taxes on a parti­

cular trade or commerce with » view to utilise the fund so

collected for the imp-ovemer <. of the facilities for development

of that particular trade or . jm-.-firce with the approval of the

Anchalik Par>chayat concerned. '

26. Subject to the provision of (his section, every Gaon Panchayat

assfetmeeto[$]’[i a] U e entitle^ to receive share _v._ _\ j_ iu. an! Local Rates/

tJaon Pan- grantt-in-aid as preset b, d from the c c ss -lidat ’J fund of the State as

cbayat. recommended by the Si -be Finance Co n ahsioa constituted u n d er-

Section 113. of this Act.

27. (1) 'Every Gaon P i.c ia y ,! sha I, at tuch time and in

such manner as may         - prescribe i, prepare in each year a. budget

of its estimated receipts a d disburse tn t for the following year

and shall submit tae budget to «he-.Anchalik Panchayat, having

jurisdiction over the Gaon Panchayat.

(2) The Anchlik Panchayatmay within such time as m aj,b e pres­

cribed, either approve the budg\ t or return it to the Gaon Panchayat
fay such modification as it may direct. On suich modification being made


-----

THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994 617

he budget shall be re-submitted within such time as may be prescribed

for approval of the Anchalik Panchayat.

(3) No expendi ure shall be incurred unless the budget is appro­

ved by the Anc aiik Panchayat. If the Anchalik Panchayat fails to
convey its approval wit in he t me prescri ed for the p rpos ■, the

budget shall be deemed to have been approved by the Anchalik Pane ayat.

Accounts 28. (1) Accounts of income and expenditure of ever Gaon P<n-

of the Gaon chayat shall be kept in such form and manner as may be prescribed

PanChay; t. and the Secretary of the Gaon Pane! ayat shall be responsible for

maintaining the accounts of the Panchayat properly.

(2) Tf e Secretary of tl e Gaon Pai cl ayat shall not ineir any ex­

penditure/ without the approval of the President of the Gaon Pancha at.

Audit 29. (l)The audit of the accounts of the Gaon Panchayat shall

be carried out by the authority as may be prescribed by the Gov rn-
ment and a copy oi the audit report shall be forwarded to the Gaon
Panchayat within one month of the completion of the audit.

(2) On receipt of the audit report referred to in sub-section (1),

the Gaon Panchayat shall either remedy the defects or irregularities
which have been pointed out in audit and sen i to the Anchalik Pan­
chayat and the Director of Panchayat and Rural Development, Assam
within three months, an intimation of its having done so or shall,
within the said period, supply any further explanation to the Anchalik
Panchayat and the Director of Pane! ayat and Rural Development,
Assam in regard to such defects or irregularities as it may wish to

furnish-

„ Staff of 30- (1) There shall be a Secretary, and other staff as may be

Gaon Pan-prescribed by overnment io every Gaon Panchayat who stall be

cbayat. appoin ed >s provided jn Section-140 (1) and/or deputed by Govern­

ment from time to time. In respect f the provincialised emplo­
yees, the Director of panchayat and R ua! Development shall be
the appointing authority.

2) The Secretary shall be in charge o the offee of the Gaon

Panchayat and shall perfoTi. ar d exercise, all the powers and duties
imposed or c nferred upon him by or under this Act, any rules

or bye-laws made thereunder.

(3) The salaiies etc,, of the employees of the Gaon Panchayat

shall oe paid in th? manr er as m^y be prescribed by ih State

Government.

(4 The Gaon Panchayat shall not appoint or engage ?ny person

for anv pest in the Ga n Panchayat.

(5) Reg .rdi: g discipline a< u control, the Secretary shall act in

all matters under the control of the President ci >hc Gacn Pancba-
yat thiough whom he shall be responsible to tie Gaon Panchayat.


-----

**618** THE ASSAM GAZETTE. EXTRAORDINARY, MAY 6, 1994

CHAPTER—V

ESTABLISHMENT AND CONSTITUTION OF ANCHALIK.

PANCHAYAT

Establish. gj. (j) p o r e a c h Development Block there shall be an Anchali^

_chriik Pan- P_ [a n] chayat having jurisdiction, save as otherwise provided in this
chayat Area Act, over the entire Development Block jurisdiction excluding

of Anchaiik such portion of the Block as ate included in a Town Committee and

Panchayat. as are included in a Municipality/or under the authority of Municipal

Corporation, a Sanitary Board or cantonment area or a notified are^
constituted under any law for the time being in force:

Provided that a Block may comprise of such villages as are not

contiguous or have no common boundaries and are, separated by an

area to which this Act, does not extend or in which the remaining
sections of this Act, have not come into force.

(2) Every Anchaiik Pai chayat shall be a body corporate bv the

name of Anchaiik Panchayat and shall have perpetual succession and a
common seal and subject to such restrictions as are imposed by or
under this or any other enactment, shall be nested with the capacity
of sueing or being sued in its corporate name, or acquiring, holding
and transferring property, movable ci immovable whether Will out or within
the limits of the area over v.hich it has authority, ot entering into

contracts or doing all things, necessary, proper and expedient for the

purpose for which it is constitute

Constitution 32. (1) Every Anchaiik Parchayat shall consist of : -
ef Anchaiik
Panchayat.
A

(a) One member from each Gaon Panchayat -to be directly elected

from the territorial constituencie of the Gaon Panchayats un^er the

jurisdiction of the Anchaiik Paechayat.

(b) The Presidents of the Gaon Panchayats fallirg within th*

jurisdiction of the Anchaiik Panchayat.

(c) The Membei s of the House of People and the Members of

the Legislative Assembly of the State representing constituencies

which comprise wholly or partly, the Anchaiik Panchayat,

(2) Every member shall have the right to vote whether or not

chosen by direct election in the meetings of the Anchaiik Panchayat.

Election of 33. (1) One Gaon Panchayat area shall form a constituency

Members^ fo r e ie c ting one member directly to the Anchaiik Panchayat.

<2) The allotment of seat under sub-settion (1) for directly

**elected** members shall be the same throughout the entire State.


-----

THE ASSAM GAZETTE. EXTRAORDINARY, MAY 6, 1994 619

Reservation 34. (I) Seats shall be reserved in a Atichftlik Pacchsyat for the

of Seats. Scheduled Castes and Scheduled Tribes; and the number of seats
so reserved shall bear, as nearly as may be, the same proportion to
the total number of seats to be filled by direct election in that
Anchalik Panchayat as the population of the Scheduled Castes in that
Anchalik Panchayat area or of the Scheduled Tribes in that **An­**

chalik Panchayat area bears t® the total population of that area

and such seats may be allotted by rotation to different constituencies
in a Anchalik Panchayat in such manner, as may be prescribed.

(2) Not less than one-third of the total number of seats reserved

under Clause (1) shall be reserved for w men belonging to Scheduled
Caste? as the case may be the Scheduled Tribes.

(3) Not less than one-third, ( including the number of seats

reserved for women belonging to Scheduled Castes and Scheduled
Tribes ) of the total number of seats to be filled by direct election
in every Anchalik Panchayat, shall be reserved for women and such
seats may be allotted by rotation to different territorial constituencies

' of a Anchalik Panchayat, in such rranner as may be prescribed.

    - ? [ur]t [tio] v 35. Every Auchalik Panchayat, save as otherwise provided ia

Panrhfyat. [tfa{s ] A c t’ s h a)l continue for a term of five years **from** **the**

date appointed for its first meeting.

Election 35. n The election to constitute an Anchalik Panchayat shall bo
Process for
Anchalik completed—

Panchayat.

(a) before the expiry of its duration specified in Section 35;

(b) in case of dissolution, before the expiration of a period of

six months from the date of its dissolution :

Provided that where the remainder o[f] the period for which the

dissolved Anchalik Panchayat would have continued, is less than six
months, it shall not he necessary to hold any election under this

clause for constituting the Anchalik Panchayat for such period.

(2) An Anchalik Panchayat constituted upon the dissolution be­

fore the expiration of its duration, shall continue only for the remain­
der of the period for which the dissolved Anchalik Panchayat would
have continued under Section (35) had it not been dissolved.

io[. ] r 37. (1) The directly elected members of the Anchalik Panchayat shall

President[0 ] e*< c t fr0]m amongest the members two members as President and Vice-Pre-

and Vice sident respectively of the Anchalik Panchayat in a meeting (which

President of shall be called the first meeting of the Anchalik Panchayat) to be

A"ckal’k Pa‘ convened by and presided over by the Deputy Commissioner of the

nc a y a . District in the manner prescribed. The Deputy Commissioner may

delegate the powers of presiding over such meeting to any officer not
below the rank of Class-1 Gaze ted officer.

(2) If there occurs casual vacancy in the office of the President

or the Vice-President the members shall elect another’ member from


-----

620 THE ASSAM GAZETTE. EXTRAORDINARY. MAY 6, 1994

amongst tie members as hereinafter provided, 8s the Persident or

the Vite President, as the case may be, in the manner prescribed :

Provided that no lection ‘T a [1]! be I el I if the vacancy is for a

period of less than one month,

Reservation 38. (1) Ther. shall be reserved by the Government in the

for the ofli- prescribed manner, v
ces of the Pr­
esident and
Vice-Preside­
nt of Ancha- (a) such number of offices of the President of A nhabk Pan-

lik Pancha- chayats in tie ‘ : distiict for the person belonging to the Scheduled
yat. Castes and ( Scheduled Tribe.-, anc th nun her of such offices beari _gf_

as > ra ly as may be the same proportion to the total number of

offices in the District as the populati n of the Scheduled C stes tn
the Districts or of the Scheduled f rib: s in the - District bears to

th total populat on cf the District;

t

m (b) not less han ne-ti ird cf f e to 1 Dumber ;f offices <f

President and V cf-Pre ident cf the A'chalik Farchsvais in the dis*

ad

trict for eac of hr categories received for persons beor.itig to the

rch-dui d Cast s Scheduled Tr es and those which are non-reserved

ad (or women:

p ov ded t. at the offices reserved under this s b-sectio* shall be

by rota ion in < ifferei t Anchaiik Panchavats :

lo b

Provided furth r that the principle of rotation for the purpose

of reserva ion cf offices under this sub-section shall commence from
the first election to beheld after the commencement of the Act.

sdi dt
xia ns. .       -
eixlt is b

21 Save as o e w e pr vided in this Act the Pr sident

            - i

a» d Vice-President of the \ ch lik Pancha; at shall hold office for the

-sd floituIo[t e i n i S o f] office IS; the. members of the nc talik Panehay at.
_-al&inai adi_ 4

_MeowA llow an^vlQ g ■ ts /s d o_ „y  Q (1) The: allowances of President and Vic -Pre-ident and

of President members cf Ancfalik Pancha at shall be as may be prescribed.

T T

-awl- 'ObYhetiiia j
d e f e r s of„. $ Ever; member of the Archal k Panchayat o her than the

t b e y ,c e President shall be entitles to receive i ting

t’anc. iy.rf. a Iowa* ccs as may be prescribed.

vstn lanoiaaituoxoD '(tu

J C a powers.'"" ^ W ^ r e s i d e n t shall,

functions and

duties of the

^ nR’ °" [c r ] a n ' c o n d ? c t meeting;? of Anchaifc


-----

THE ASSAM GAZETTE, EXTRAORDINARY, MAY. _6, 1994_ 621

(b) discharge all duties imposed and exercise al! the powers

confered on him urder this Act, and the rules made thereunder

and perform such functions entrusted to 1 im by the Gcvernmeiit

from time to tim e;

(c) cxe i? supervision over the Executive Officer for securing

impl mentation of the res lutions or decisions of the Anchalik Pan-
c ayat or ot the St nding Committees which arc not inconsistent with
the provisions of this Act, or any general or special direction issued
under this Act;

(d) exsrc’se overall supervision over the fieancial and executive

sdmi? isaation oi the A >chaiik Panchayat and place before the An­

chalik Panchayat al! ques ions connected tlcKwith which shall ap-

pe r to h m t r quire its ord-rs and for this purpose may call for

records of Anehalik Panchayat.

Powers, 41. Th,: Vice-President of an Anchalik Panchayat shall—

functions and
duties of

Vice-Presi­
dent of An­ (a) in t e bs nee of the President, preside at the meeting
chalik Pan- o f the AnchUik Panchayat;
chayat.

(bj exercise such poweisand perform such duties of the Presi­

dent of the Anchalik Panchayat as the President from time to time
may, subject to the rules made by the Govt, in that behalf, delegate

to him by an order in writing ; and

(c) pending the <lection of the President or during the absence

c f the Preside nt from the Panchayat area or by rea-.on of leave for
a period exceeding thirty days, exercise the powers and perform the

duties of the President.

Resigna’i- 42. (1) A member holding the office as President of the

on or remo-An'halik Pa.cn ay at may resi n bis offi :e ar ®nv time by v riting

val of the u n dei his own hand .'i. dressed to the Deputy Commissioner of the

and v f^ e [c o n c e r n c d] district and the Vice-President may resign his ffice at any

President £ime by writing under Irs ha d addiessed to the President of the

of Anchalik Anchalik Pinch ■ at nn [1] in abs nee of the President to the Deputy

Panchayat. Commissioner cf the concerned district.

(2 • Every President and Vice-President of Anchalik Panchayat shall

vacate o je e , it he ceases to be a member of the Anchalik Panchayat.


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622 THE ASSAM GAZETTE. EXTRAORDINARY. MAY. 6, 199 4

No confi- 43. (1) Every President and Vice-President of the Anchalik

dence moti- p a n chayat shall be deemed to have vacated his office forthwith,

the a p r e s i - b y 8 resolution express want of. confidence in him is passed

dent and the hy a majority of two-third of total number of the members of the
Vice-Presid-Anchalik Panchayrt. Such a meeting shall be specially convened with

ent of Ariel,-^e approval of the President of the Anchalik Panchayat. Such me?ting
yat. [P] °[nC ha] shall be presided over by the President if the motion is agai. st Vice-

President and the Vice-President if the motion is against the President.

In case such a meeting is not convened in the Anchalik Panchayat V

within a petiod ot fifteen days fr m the date of receipt of the notice,
the Secre’ary of the Anchalik Panchayat shall refer the matter to the
President of the Zilla Farishfd with intimation to the Deputy Commis­
sioner. The President of the Zilla Parishad shall then arrange for convening
the meeting **within fifteen** d i from the date of receipt of intimation. <?

(2) **In** case the Zilla Parishad is not convening the meeting with­

in fifteen **days** time and disposed the m atter acc rdingly, the concern d

Deputy Commissioner may refer the natter to th Government and

Government shall in that case take appropriate action.

(3) The requisition for such a special m eeting shall be signed by

not less than one-third of ’he total membe[r s] of Anchalik Panchayat

and shall be delivered to the President of the Zi/Za Parishad

with intimation to the Deputy Commissioner. The President of

the Zilla Parishad shall within seven days from the date of

receipt of the requisition, convene a special meeting of the Anchalik
Panchayat. The meeting shall be held on a date not later than fifteen
days from the date of issue ot the notice of the meeting.

4) Tn the event of removal either of the President or the Vice- §

President of the Anchalik Panchayat, the Anchalik Panchayat shall

elect, from amongst the members in the sr.me manner as under

sub-se. tion (2) of Section-37 a President or a Vice President ss (he

case may be :

Provided that such member si ill net be eligible for re-election

as President or Vice-President during he remaining term of office as

member of the Anchalik ’archaya<.

(5) Every PiesideDt or Vice-Prcs'dent of the \nchelik Panchayat

shall after an opportuni y is afforded for h ari ■ him, be removeable

from his office as President or Vice-President by the Zilla Parishad

with the approval of the Government lor misconduct in the discharge
of office duties, for being persisfanty remiss in the discharge of his
duties and a President or a Vice-President t o removed shall remain
in the office of the member.


-----

the A "AM GAZETTE EXTRAORDINARY MAY 6, 1994 623

(6) A President or a Vice-President removed from hist office under

sub-section (5) may also be removed by the Government from member­
ship of the Anchalik Panchayat.

R m S s 4 4 ’ [A m e m b e r o f] an Anchalik Panchayat may resign h<s membership

of Anchalik[1]'[0] under his hand addressed to the President of the Anchalik

Panchayat. Panchayat and his eat shall become vacant immediately.

Meeting of 45. /I ) An Anchalik Panohayat shall hold a meeting for the

Anchalik transaction of business at least once in two months (hereinafter

Panchayat. j& section called the crdmary meeting) and shall subject to

the provisions of the folk wing sub-sections, make regulations not

incot sistant with the provisions of this Act, or with any rules

made thereunder with respect to the date, hour, notice, manage­
ment and adjournment of its meetings and generally with respect
to transaction of business thereto.

(2'1 Ever y meeting of the A ichalilc Panchayat shall ordinarily be

held at the Head Quarters of t^e Anchalik Panchayat.

(3 ) The date of the first meeting of the Anchalik Panchayat,

after the fir t consti ution or re-constitution, shall be fixed by the
Deputy . Commissioner <f the district and date of each subsequent
ordinary me ting shill be fixed ai the previous meeting of the

Anchalik Panchyd, prvided th.t the President may for sufficient

reasons, alter the day of the meeting to a subsequent date. The
President may- wbenev-i he thinks fit, shall, upon the written request
of not less than one-third of the tot <1 number of members and on

a date within fifteen days from the receipt of such request, call a
special meetin . Such request shall specify the object foj which the
meeting is pr>posed to be celled. If the President fails to call the
special meeting, the Vice President or one-third of the total number
of members may call the special meeting for a day not more than

fifteen days after representation of such request and require the Ex­
ecutive Officer to give notice to the members and to take such
actioa as may be necessary to convene the meeting.

(4 ) Ten clear days notice of an ordinary meeting and seven

clear days notice of a spec al meeting specifying the lime at which
the meeting is to be held and the business to be transacted thereat,
shall be sent to the members and pasted up at the office notice board
of the Anchalik Panchayat. Such notice shall include, in the case of a
special meeting, any motion or proposition mentioned in ths written
request made for ruch meeting.


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624 THE ASSXM GAZETTE EXTRAORDINARY, MAY 6, 1994

###### Quorum 46. (i) One-third of the total numbei of members of the An-
 aiikhpancha? chalik Panchayat shall form a quorum for tansacting business
 yat meeting
a t a meeting of the Anchalik Panchayat. If at the time appoin­

###### ted foi a meeting a quorum is not present, the person presiding shall wait for thirty minutes, an d if within such period, there is a quorum, proceed with the meeting, but if within such period, there is no quorum, the person presiding shall ad-
w
###### journ the meeting to such hour on some future date as he
 may fix. He shall similarly adjourn the meeting at any time after it has begun, if his attention is drawn to the want of
 quorum. At such adjourned meetings, no quorum shall be,, necessary and the business which would have been brought"
 before the original meeting, shall be transacted-

 (2) Every meeting shall be presided over by the Presi­
 dent or if he is absent, by the Vice President and if both are absent or if the President is absent and there is no Vice- President, the membres present shall elect one from among themselves to preside.

 (3) All questions shall unless otherwise specifically pro­
 vided, be decided by a majority of votes of the members present and voting shall be by raising of bands. The Presi­ ding Member, unless he refrains from voting, shall give vote before declaring the number of votes for and against a ques­ tion and in case of equality of votes, he may give his casting^ vote.

 (4) No member cf an Anchalik Panchayat shall vote on, or
 take part in the discussion of, any question coming up for*?
 consideration at a meeting ol the Anchalik Panchayat o" any committee, if the question is one in which apart from its original application to the public he has any direct pecuniary interest.

 (5) If the person presiding is believed by any member
 present at the meeting to have any such pecuniary interest in any matter under discussion, and if a motion to that
 effect is carried, he shall not preside at the meeting du­ ring such discussion, or vote on, or take part in it. Any member of the Anchalik Panchayat may be chosen to preside
 over the meeting during the continuance of such discussion.


-----

____ 'MIE ASS AM GAZETTE EXTRAORDINARY. MAY- 9, 1994 625

###### (6) No proposition shall be discussed at any
 ordinary meeting unless it has been entered in the
 notice convening such meeting or in the case of
 a special meeting, in the written request for such meeting. A member may propose any resolution connected with
 or incidental to the subjects included in the list of
 business- The President may pre pose any urgent subject of a routine nature not included in the list of business if no member objects to it. No permission shall be given in the case of a motion or proposition to modify or cancel any resolution within three months after the passing there­ of except in accordance with sub-section (8). The order
 in which any business or pre pc sition shall be brought for­ ward at such meeting shall be determined by presiding authority who, in case it is proposed by any member to
 give particular proposition, shah put the proposal to the
 meeting and be guided by the majority of votes given for or against the proposal.
 (7) Any ordinary meeting may, with the consent of a
 majority of the member present, be adjourned from time to time, but no business shall be transacted at any adjour­ ned meeting other than that left undisposed at the meeting for which the adjournment took place.

 (8) No resolution of Anchalik Panchyat shall be modi­
 fied or cancelled witl in six. months after the passing there­
 of except by a resolution passed by not less than one half
 of the total number of members at an ordinary or special
 meeting, and notice thereof shall have been given fulfil­ ling the requirements of sub-secticn (4) and setting forth fully the resolution which it is proposed to modify fully or cancel at such meeting and motion or preposition for the modification or cancellation of such resolution-

 of°vncha“fk 47. The proceedings of every meeting shall be recorded
 panchaylt in the minutes book immediately after the deliberations
 and[e]minutes°^ ^he niecting arc! shall, after being read ever by the
 book’of[n]An-presiding authority of the meeting, be signed by him.

Pan'The action taken on the decision of the Anchalik Panchayat

###### shall be reported at the next meeting of the Anchalik
 Panchayat. The minutes book shall not be taken outside
 the Anchalik Panchayat office under any circumstances. The Executive Officer shall be the custodian of the minutes book-


-----

_Government_ Anchalik Panchayat may require the presence

###### Officer in of Government officers at the meetings. If it
 Panchay 10 a n Anchalik Panchayat that the attendance
a[.][a][ PP][e a r s ]

###### meetings. of any officer of the Government, having jurisdiction over an
 area of a district or less than a district and rot working under the Anchalik Panchayat, is desirable at a meeting of the Ancha­
 lik Panchayat the Executive officer shall; by a lettc[r]
5

###### addressed to such officer not less than fifteen days before the intended meeting, request that officer to be presesi the meeting and the officer shall, unless prevented by ness or other reasonable cause, attend the meeting :

 Provided that the officer on receipt of such, letter may,
 if he, for any of the causes aforesaid, is unable to be present there by himself, instruct his deputy or other competent subordinate officer to represent him at the meeting,

 General fan- ( 0 The General functions cf the Anchalik Panchayats

**ctions of An-shall** **b e —**

**chahk.**

**Panchayat.**

###### (a) preparation of Annual Plans in respect of the sche­
 mes entrusted to it by virtue of the Act and those assigned to it by the Government or the Zilla Parishad and submi­ ssion thereef to the Zilla Parishad within the prescribed time for integration with the District Plan ;

 (b) consideration and consolidation of the Annual
 Plans cf all Gaon Panchayats under the Anchalik Panchayat - and submission of consolidated plan to the Zilla Parishad;

 (c) preparation of Annual Budget of the Anchalik
 Panchayat and submission to Zilla Parishad for approval within the prescribed time ;

 (d) performing such functions and executing such works
 as may be entrusted to it by Government or the Zilla Parishad ;

 (e) to assist the Government in relief operation in natural
 calamities ;


-----

###### (2) Agriculture including Agricultural Extension—

 (a) identification and implementation of schemes not
 exceeding rupees two lakhs and not below rupees fifty thousand
 for the agricultural development of the Anchalik Panchayat
 area with technical assistance and supervision from the
 Department of Agriculture, Co-operation and Irrigationetc.

 (b) maintenance of agricultural seed farms and horti­
 cultural nurseries ;

 (c) storing and distribution of insecticides and pesticides;

 (d) propagation of improved methods of cultivation ;

 (e) promotion of cultivation and marketing of vege­
 table, fruits and flowers ;

 (f) training of farmers and extension activities.

 (3) Land Improvement and Soil Conservation—

 (a) assisting the Government and Zilla Paiishad in the
 implementation of land improvement and soil conservation programmes of the Government.

 (4) Minor Irrigation, Water Management, Watershed
 Development—

 (a) assisting the Government and the Zilla Pariskad in
 construction and maintenance of minor irrigation works ;

 (b) implementation of individual irrigation woiks;

 (c) assisting the Government and the Zilla Pirishad in the
 implementation of schemes on Development of Ground
 Water] Resources, and Watershed Development Progrmmes.

 (5) Poverty Alleviation Programme—

 (a) planning and supervision of implementation of poverty
 alleviation programmesand schemesand providing guidance therefor-


-----

###### (6) Animal Husbandry, Dairying and Poultry—

 (a) maintenance of Veterinary and Animal Husbandry
 Services ;
 (b) improvement of bleed of cattle, poultry and other
 livestock ;
 (c) promotion of dairy farming, poultry and piggery ; (d) prevention cf epidemics and contagious disease ;

 (7) Fisheries—

 (a) promotion of fisheiies development ;

 (8) Khadi, Village and Cottage Industries—

 (a) promotion of Rural and Cottage Industries;
 (b) organisation cf conference, seminars and training
 programmes, agricultural and industrial exhibitions ;

 (9) Rural Housing—

 (a) implementation of housing scheme and distribution
 of house sites in villages —

 (10) Drinking Wat r—

 (a) establishment, repairs and maintenance of rural water
 supply schemes ;
 (b) prevention and control of water pollution ; (c) implementation of rural sanitation schemes ;

 (11) Social and Farm Forestry, Minor Forest produce, Fuel
 and Fodder—

 (a) planting and preservation of trees on the sides of
 roads and other public land under its control;
 (b fuel plantation and fodder development ;
 (c) promotion of farm forestry ;

 (12) Roads, Building, Bridges, Ferries, Waterways and other
 means of communication—

 (a) construction and maintenance of public roads, drains,
 culverts and other means of communication which are not under
 the control of any other local authorities of the Government;


-----

###### (b) maintenance of buildings or other properties vested
 in the Anchalik Panchayat ;
 (c) maintenance of boats, ferries and waterways not un­
 der the Govt- or any other local bodies ;

 (13) Non-Conventional Energy Sources:
 (a) Promotion and development of non-conventional en­
 ergy source -

 (14) Education, including Primary and Secondary Schools:
 (a) Promotion of Primary and Secondary Education- (b) Construction, repairs and maintenance of Primary
 School Buildings.
 (c) Promotion of Social Education through Youth Clubs
 and Mahila Mandate-

 (15) Technical Training and Vocational Education;

 (a) Promotion of rural artisan and vocational training-

 (16) Adult and Non-Formal Education:

 (a) Implementation of Adult Literacy Programme.

 (17) Cultural Activities ;

 (a) Promotion of social and cultural activities.

 (18) Market and Fairs :

 (a) Regulation of markets, fairs and festivals.

 (19) Health and Family Welfare :
 (a) Promotion of health and family welfare programme.
 (b) Promotion of immunisation and vaccination progra­
 mme.
 (c) Health and Sanitation at fairs and festivals-

 (20) Women and Child Development :
 (a) Promotion of programmes relating to development of
 women and children.
 (b) Promotion of school health and nutrition programme- (c) Promotion of participation of voluntary organisations
 in women and child development programme.


-----

###### (21) Social Welfare including Welfare of Handicapped,
 Mentally Retarded :
 (a) Promotion of social welfare programmes including
 welfare of handicapped, mentally retarded and destitutes ; procurement and supervision of distribution of foodstuff
 in social welfare programmes.
 (b; Monitoring the old age and widows pensions and
 pensions of the handicapped.

 (22) Welfare of the weaker section and in particular
 of the Scheduled Castes and Scheduled Tribes:

 (a) Promotion of welfare of Scheduled Castes, Sched-
 tiled Tribes and other weaker section
 (b) Preventing such castes and classes from social
 injustice and exploitation.

 (23) Maintenance of Community Assets :

 (a) Maintaining of a'l community assets vested in
 it or transferred by the Government or any local authority or organisation.
 (b) Preservation and maintenance of other community
 assets-
 (24) Public Distribution System :

 (a) Promotion of distribution of essential commodities
 through fair price shops in the villages. Panchayat will also keep sharp vigilance over fair and equitable distribution of essential commodities. Panchayat will educate the people
 about consumer’s rights and assist in redressal of Consumer’s grievances.
 (25) Rural Electrification :

 (a) Promotion of rural electrification.

 (26) Co-operation:

 (a) Promotion of co-operation activities.

 (27) Libraries:
 (a) Promotion of libraries.

 (28) Such other functions that may be entrusted by
 the Government or the Zilla Parishad.


-----

3 e«wers of 50. The Anchalik Panchayat shall have powers to do all

###### AnWhaiik acts necessary for or incidental to the carrying out of the
 Panchayat functions entrusted or delegated to it and, in particular and
 without prejudice to the foregoing powers to exercise all powers specified in this Act.

of Powers.Delegation 51. Anchalik Panchayat may, by notification delegate
A to the Executive Officer or any other officer, the powers

###### conferred by or under this Act.

 * standing 52. (1) The Anchalik Panchayat shall have the following
 of°“™hlhk standing committees —

Panchayat.

###### 'a) General Standing Committee ;

 (b) Finance, Audit and Planning Committee ;

 (c) Social Justice Committee.

 (2) Each standing committee shall consists of such
 number of members not exceeding six including the Chair­ man, as may be specified by the Anchalik Panchayat, and chosen by the Anchalik Panchayat from amongst its mem­
 bers.

 * (3) The President of the Anchalik Panchayat shall be
 the Chairman of the General Standing Committee and Finance, Audit and Planning Committee. The Vice-President
 of the Anchalik Panchayat shall be the Chairman of the
 « Social Justice Committee.

 (4) No member of the Anchalik Panchayat shall be
 eligible to serve in more than one standing committee and the term of the membership will net exceed one year at a time.

 (5) The Executive Officer of the Anchalik Panchayat
 shall be the Ex-Officio Secretary of every Standing Co­ rn'. it tee.


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632 THE ASSAM GAZETTE. EXTRAORDINARY. MAY. 6, 1994

###### j"[n]f [ti]°[n]s 53. (1) The General Standing Committee shall perform

dj[°*j„ ]

###### Committee" ^unctions relating to the establishment matters, communication,
 buildings, rural housing, relief against natural calamities, water supply and all miscellaneous residuary matters.

 (2) The Finance, Audit and Planning Committee shall
 perform the functions relating to the finance of the Anchalik
 Panchayat, training, budget, scrutinising proposals for increase of revenue, examination of receipts and expenditure statement, consideration of all proposals affecting the finance of the Anchalik Panchayat and general supervision of the revenue and expenditure of the Anchalik Panchayat and planning* and consolidating the Anchalik Panchayat Plans, co-opera- tic n, small saving schemes and any other function relating to the development of Anchalik Panchayat areas.

 (3) The Social Justice Committee shall perform funct­
 ions relating to :

 (a) promotion of educational, economic, social, cultural
 and other interests of the Scheduled Castes,
 Scheduled Tribes and Backward Classes ;

 (b) protecting them frcm social injustice and all other
 forms of exploitation ;

 (c) amelioration of the Scheduled Castes, Scheduled
 Tribes and Backward Classes ;

 (d) securing social justice to the Scheduied Castes,
 Scheduled Tribes, Women and other weaker sec­ tions of the society. 4

 f4) The Standing Co mmittees shall perform the funct­
 ions referred to above to the extent the powers are dele­
 gated to them by the Anchalik Panchayat.

 Procedure of 54. (1) The Anchalik Panchayat may frame regu-
 Committees.] j
a t o n s r e iating to selection of members of committees,

###### conduct of business therein and all other matters relating to them.


-----

THE ASSAM GAZETTE. EXTRAORDINARY, MAY. 6, 19 4 633

###### (2) The Chairman of every committee shall, in respect
 of the work of the cemmittee, be entitled to call fcr ary
 information, return, statement, account or report from the office of the Anchalik Panchayat and to enter in and ins­ pect any immovable property of the Anchalik Panchayat c r
 works in progress connected with the works of the committee.
 «
 (3) Each Committee shall be entitled to require atten­
 dance at its meetings, any officer of the Anchalik Panchayat who is connected with the work of the Cemmittee- The

♦ Ex-Officio Secretary [referred to in sob-section (5) of Sec-

###### tion-52] shall under instruction of the Committee, issue no­ tices and secure the attendance of the Officer.

 acq^'re, hold 55. (V) An Anchalik Panchayat shall have the pewer to
 or dispose acquir e, hold and dispose of property and to enter into of property.
c o n tr a c t;

###### Provided that in all cases of acquisition or disposal
 of immovable property, the Anchalik Panchayat shall obtain
 the previous approval of the Government through Zil’a
 Pari shad.

 (2) All roads, buildings or other works constructed by
 an Anchalik Panchayat with its own fund shall vest in it.

«

###### (3) The State Government may allocate to an An­
 chalik Panchayat any public property situated within its
 jurisdiction, and thereupon such property shall vest in and

4 come under the control of ti e »Anchalik Panchayat.

###### (4) Where an Anchalik Panchayat requires land to
 carryout any of the purpose of this Act, it may n< gotiate
 with the persons l aving interest in the said land, and if it fails to reach at an agreement, it may make an
 application to the Deputy Commissioner of the district lor acquisition cf land, who may, if he is satisfied that the
z
###### land is required for a public purpose, take steps where permitted by law to acquire the land under the prevision of the relevant land acquisition Act, and such land shall on acquisition, vest in the Anchalik Panchayat.


-----

###### ncha^Fu-’ 5 6 -.(0 F o r every Anchalik Panchayat, there shall be
 nd. constituted an Anchalik Panchayat fund bearing the name of
 the Anchalik Panchayat and there shall be" placed to the
 credit thereof—

 (a) contribution and grants, if any, made by Central
 or State Government, including such part of the iand revenue collected in the State as may be determined by the Government;

 (b) contribution and grant, if anv, made by the
 Zilla Parishad or any other local authority ;

 (c) loans, if any, granted by the Central or the State
 Government or raised by the Anchaiik Panchayat
 on security of its assets;
 (d) all receipts on account of lolls, rates and fees
 levied by it;

 (e) all receipts in respect of any schcols, hospitals,
 dispensaries, buildings, institutions or works, vested in, constructed by or placed under the control and management of the Anchalik Panchayat ;

 (f) all sums received as gifts or contributions and all
 income from any trust or endowment made in
 favour of the Anchalik Panchayat ;

 (g) suef. fines and penalties imposed and realised under
 the provisions of this Act, or of tl,e bye-laws made
 thereunder, as may be prescribed, and all other
 sums received by or on behalf of the Anchalik Panchayat.

_i_

###### (2) Every Anchalik Panchayat shall set apart and apply
 annually such sums as may be required to meet the cost of its own administration including the payment of salary,
 allowances, provident fund and gratuity to the officersand
 employees. The tctal expenditure < n establishment shall not
 exceed one-third of the total expenditure < f the Anchalik
 Panchayat without prior approval of the Government.

 (3) Every Anchalik Panchayat shall have powers to
 spend such sums as it thinks fit for carrying out the
 purpose of this Act.


-----

THE ASSAM GAZETTE, EXTRAORDINARY, MAY- 6, 1994 635

###### (4) The Anchalik Panchayat fund shall be vested in
 the Anchalik Panchayat.

 (5) Subject to such general control, as the Anchalik
 Panchayat may exercise from time to time, all crders
 and cheques for payment from the Anchalik Panchayat fund shall be signed by the Executive Officer.

 Taxes. 57. (I) Subject to such maximum rate as the
 Government may prescribe, an Anchalik Panchayat may,

 (a) levy toils on persons, vehicles or animals or any
 class of them at any toll-bar established by it on any road other than a katcfia road or any bridge vested in it or under its management; i
 (b) levy tolls in respect of any ferry established by it,
 or under its management;
 (c) levy a surcharge on Land Revenue at the rate
 of 0.02 ( two paise ) per rupee ;

 (d) levy a ccss or water rate for recovery of cost of
 , minor Irrigation works taken up within the juris-
 / diction of an Anchalik Panchayat and such cess
 as may be necessary for the purpose of mainte­ nance and repair of such works;

 (e) levy a tax on supply of water and lighting;

 (f) levy a tax on profession, trades, calling, manu­
 facture and production save and except those levied
 under any provision of this Act or under any

 * enactment for the time being in force ;

 (g) levy fee for cinema halls, bricks or tile kilns,
 saw mills, timber depots, rice mills and hullers, fairs confectionary and bakery, private fisheries or vege­ table gardens used for commercial purposes-

_(2) The taxes etc. shall be imposed, assessed and reali­_

###### sed at such time and in such manner as may be prescribed ;

 (3) Any person aggrieved by the assessment, levy or
 imposition of any tax or fee may appeal to the Zilla Parishad.


-----

###### (4) State Government may suspend the levy or impo­
 sition of any tax or fee and may at any time rescind such imposition in consultation w ith the concerned Panchayat
 in period of natural calamities.

 (5) The scale of tolls, fees or rates and the terms
 and conditions for the imposition thereof, shall be such as may be provided by bye-laws.

 Such bye-laws may provide for exemption from all or
 any of the tolls, fees or rates in any class or cases.

 (6) Subject to such rules as may be made in this behalf ’
 by an Anchalik Panchayat, an Anchalik Panchayat may levy
 taxes on a particular trade or commerce with a view to
 utilise the fund so collected for improvement of the faci­ lities for development of that particular trade or commerce with the approval of the Zilla Parishad-

 I rani and 68. (1) An Anchalik Panchayat may, subject to the
 siuk.ngiund,p i
r o v is o n s of any law relating to the raising of loan by

###### iocal authorities for the time being in force, raise from time to time, with the approval of the Government, loans for the purpose of this Act, and create a sinking fund
 for he re-payment of such loans.
 t
 (2) An Anchalik Panchayat may borrow money from
 the Government, or with the previous sanction of the
 Government, from bank or other financial institutions, for furtherance of its objectives on the basis of specific schemes
 as may be drawn up by the Anchalik Panchayat for
 the purpose.

 Budget of 59- (1) Every Anchalik Panchayat shall, at such time 4
 Anchalik Pa-and in such manner as may be prescribed, prepare in

cchaya • each year, a budget of its estimated receipts and

###### disbursements for the following year and submit the
 budget to the Zilla Parishad.

 (2) The Zilla Parishad, within such time as may
 be prescribed, either approve the budget or return it
 to the Anchalik Panchayat for such modifications as it may direct- On such modification being made, the budget
 shall be submitted within such time as may be prescribed by the Zilla Parishad. If the approval of the Zilla

_i_


-----

###### the last date of the year, the budget shall be deemed to be approved by the Zilla Parishad.

 (3) No expenditure shall be incurred unless the budget
 is approved by the Zilla Parishad.

 (4) lire Anchalik Panchayat may prepare in each
 year a supplementary estimate providing for, any modifica­ tion of its budget and may submit to the Zilla Parishad for approval within such time and in such manner as
 may be prescribed.

 AA thOrkVf 60.An Anchalik Panchayat shali keep such accounts
 nXayat. * [a n] d in such form as may be prescribed.

 Auditing (1) The audit of the accounts of the
u ‘ Anchalik Panchayat shall be carried out by the authority

###### as may be prescribed by the Government and a copy
 of the audit report shall be forwarded to the Anchalik Panchayat, to the Zilla Parishad and to the Directoe
 of Panchayat and Rural Development, Assam within onr month of the completion of the audit. ,

 (2) On receipt of the audit report referred to in sub­
 section (1), the Anchalik Panchayat shall either remedy any defects or irregularities which have been pointed out in
 the audit and send to the Zilla Parishad and to the Director of Panchayat and Rural Development, Assam, within three months and the intimation of its having done so or shall, within the said period, supply any further explanation to the authorities mentioned herein, in regard to such defects or irregularities as it may deem fit.

s ‘a® p [A,]y 62- (1) An Anchalik Panchayat being coterminous

###### hayat- [anC t0 ] a Development Block shall have an Executive Officer
 appointed by Government who shall be the Ex-officio Secretary.
 Provided that the Block Devt lopment Officer or such other
 officer as may be appointed by Government shall hold the post of the Executive Officer and Secretary of the An­
 chalik Panchayat.


-----

###### 638 THE ASSAM GAZETTE, EXTRAORDINARY, MAY, 6, 1994

 (2) The other staff of the Anchalik Panchayat shal
 be appointed as provided in Section 140 of the Act.
 In respect of the provincialised Panchayat employees
 working under the Anchalik Panchayat, the Director of
 Panchayat and Rural Development shall be the appoint ng
f
###### authority.

 (3) The Government may post/depute staff, if considered ®
 necessary from time to time, to work in Anchalik Panchayat in addition to the staff of Grade—I and II to setv under
 the Anchalik Panchayat.

 (4) Notwithstanding anything contained in this Act,
 or any of the law; for the time being in force,
 the Government or the Director of Panchayat and Rural Development, Assam, as the case may be, shall have the powers to effect transfer of the concerned officers and the provincialised staff in consultation ^with the Zilla Paris'/[1].ad
 concerned.

**function* ofPowers and** (l)Save as otherwise expressly provided by or under
**the** **Execu•** this \Act, the Executive Officer shall, -

**tive Officer**
**of the Anc-**
**b a lik Pan­** (a) exercise all powers sp cifically imposed or conferred

**chayat.** upon him by or under this Act, or any

###### other law for the time being in force ;

 (b lay down the duties of and supervise the works
 of the officers and officials holding office under the Anchalik Panchayat in accordance with rules made by the Government ; t

 supervise and control the execution of all works of the Anchalik Panchayat ;

 (d) take necessary measures for the speedy execution
 of all works and development schemes of Anchalik Panchayat ;

 (e) have custody of all papers and documents connected
 with the proceedings of the meetings of the
 Anchalik Panchayat ;
 1 aii.rh


-----

###### (f) draw and disburse money out of the Anchalik
 Panchayat fund; and

 (g) exercise such other powers and discharge such
 other functions as may be prescribed.

 (2) The Executive Officer shall attend every meeting
 of the Anchalik Panchayat and shall have the right to
 attend the meetings of the committees thereof and to
 take part in the discussion but shall not have the right to move any resolution or to vote. If in the opinion
 of the Executive Officer any proposal before the Anchalik Panchayat is violative of or inconsistent with the provisions of this Act, or any other law, rule or order made
 thereunder, ii shall be his duty to bring the same to the notice of the Anchalik Panchayat,

 CHAPTER-VI

 ESTABLISHMENT AND CONSTITUTION OF ZILLA PARISHAD.

 nent[S]toafbzn-' ^4. 0} For every district there shall be a Zilla Parishad
 i uPanshad. having jurisdiction, save as otherwise provided in this
a

###### Act, over the entire district excluding such portions
 < f the district as are included in a Municipality or a
 Municipal Corporation, as the case may be, or under
 the authority of Town Committee or Sanitary Board or
 '■ Cantonment area or any notified area contrary to it
 under any law for the time being in force :

 Provided that a Zilla Parishad may have its office

 * in any area comprised within the excluded portion as above of the district and in such area which is notified by Government for such office, may exercise its powers and functions over institutions under its control and
 management.

 (2) Every Zilla Parishad shall be a body corporate
 by the name of /■----------------------------- ----- Zilla Parishad’
 and shall have perpetual succession and a common sea
 and subject to such restrictions as are imposed by or under this or any other enactment with the capacity of sueing and being sued in its corporate name, of acquiring, holding


-----

640 THE ASSAM GAZETTE, EXTRAORDINARY, MAY, _6,_ L 94

###### and transferring property movable or immovable, whether without or within the limit of the area over which it has authority of entering into contracts and doing all things, necessary, proper or expedient for the purpose for which it is constituted.

a

Constitution 65. (1) The Zilla Parishad shall consists of: —
of Zilla **Pari«**

**shad.**

###### (i) the members directly elected from the territorial ’
 constituencies of the district :

 Provided that Government may by notification in the
 Official Gazette determine the territorial constituencies in the district keeping in view the overall population of the district at a rate of one member for a population net less than 40 thousand and that each territorial constituency shall elect one member to the Zilla Parishad through direct election in the manner prescribed ;

 (ii) the Presidents of the Anchalik Panchayats;

 (iii) the Members of the House of People and the
 Members of the State Legislative Assembly representing a [s] part or whole of the district whose constituencies lie within
 the district.

 (2) All the members shall have the right to vote.

of seats for Reservation 66. (1) Seats shall be reserved for the Scheduled Castes,
Scheduled and Scheduled Tribes in every Zilla Parishad and the num­;

Caste and Sc­b e r of seats shall bear, as nearly as may be, the same propor­
heduled Tri[-]
bes. tion to the total number of seats to be filled up from amongst

###### the directly elected members in that Zilla Parishad as the population of the Scheduled Castes in the Zilla Parishad
 area or of the Scheduled Tribes in that Zilla Parishad
 area bears to the total population of that area and such
 seats may be allotted by rotation to different constituencies in Zilla Parishad in the manner prescribed.


-----

THE ASSAM GAZETTE, EXTRAORDINARY, MAY, 6, 1994 641

###### Reservation (2) Not less than one-third of the total number of seats
 woments be- reserved under sub-section (I) shall be reserved for women
 longing to belonging to the Scheduled Tribes or as the case may be,
 casulnd the Scheduled Castes.

scheduled
Tribes.
###### Reservation 67. (]) Not less than one-third, including the number

fwome for of seats reserved for women belonging to the Scheduled
n

###### Castes and Scheduled Tribes under sub-section (2) of Section 66 of the total number of seats to be filled up from amongst
 the directly elected members under sub-section (1) of Section
 ♦ 65 shall be reserved for women and such seats may be
 allotted by rotation to different constituencies under the Zilla Parishad as may be prescribed.

 (2) If women from Scheduled Castes and Scheduled
 Tribes category and women from general category are not represented in Zilla Parishad, Government may by notification in the Official Gagette, nominate one member from such category.

Te*m .°fz| na 68. Every Zilla Parishad except as provided in the Act.,

a,1S a shall continue for a period which stall not exceed five

###### years from the date of holding the first meeting.

Election to 69. (1) Election to constitute the Zilla Parishad shall be

Zilla Pari­dissolved completed—
shad.

###### (a) before the expiry of its duration, as specified in
 Section 68;

 (b) in case of dissolution, before the expiration of a
 fe period of six months from the date of such dissolution :

 Provided that where the remainder of the period for
 which the dissolved Zilla Parishad would have continued, is less than six months, it shall not be necessary to hold any election under this clause for constituting the Zilla Pari­ shad for such period.

 (2) A Zilla Parishad constituted upon dissolution be­
 fore the expiration of its duration shall continue only for the remainder of the period for which the dissolved Zilla Parishad would have continued under sub-section (I) had it not been dissolved.


-----

###### 642 THE ASSAM GAZETTE, EXTRAORDINARY, MAY, 6, 1994

 70' (1) When the Zilla Parishad is constituted under
 andvice- Section 64, the Deputy Commissioner shall call a meeting fhe’ziiia1 °f *h[e] Zilla Parishad (which shall be called the first
 Padshad, meeting of the Zilla Parishad) for the election of a
 President and a Vice-President by and from amongst the members directly elected under Section 65 (1). s

 (2) The election of the President or the Vice-President
 of the Zilla Parishad and filling up vacancies in the said office and the determination of disputes relating to such election shall be in accordance with such rules as may be prescribed by the State Government/State Election
 Commission.

**Allowances** 71. (1) The allowances of the President and the
**of the Presi­dent and** Vice-President shall be as may be presci ibed by the

**Viee-** Government-

**President**

**and sitting**
**fee and alio.**
###### '*amembeZhe (2) Every member of the Zilla Parishad except
 the President and the Vice-President shall be entitled to receive, such sitting fee and allowances as may be pres­ cribed by Government.

R esiemovar m e m ^e r holding the office as President

###### of thTpred-of the Zilla Parishad may resign his office at any time by r WceDp [an]-d w r i^ n § a n t * send it to Government through the Deputy
 dent' Commissioner and the Vice-President of the Zilla Parishad
 may resign his office at any time by writing and send to the President of the Zilla Parishad and in absence of the President, to the Government through the Deputy Commit ssioner and the office shall become vacant on the expiry of fifteen days from the date of such resignation unless
 within the said period of fifteen days he withdraws such
 resignation by writing and send it to Government in res­ pect of the President and to the President in respect of the Vice-President, as the case may be.

 (2) Every President or the Vice-Pj esident of
 Zilla Parishad shall vacate office if he ceases to be a member of Zilla Parishad


-----

###### No confi- 73. p ) Every President and every Vice-President cl
 tn"[ce] ce Zill?. Parishad shall be deemed to have vacated his office

Oi[n]

###### forthwith if a resolution expressing want of confidence
 viceDpreX in him is passed by a majority of two-thirds of the
 dent o i total number of members elected directly as Zilla Pari­
 sh,a. [ai]'' shad member at a meeting especially convened for this
 purpose and presided over by the Vice-President U the mo­
 tion is against the President and the President of the Zilla Parishad shall preside ever such meeting if the motion
 is against the Vice-President.

 tf (2) If there is no Vice-President the members present
 shall choose one from among them to preside over such
 meeting :

 Provided that one-third of the total number of
 members shall sign the notice for such a motion and deli­ ver it to the President and the President shall convene the meeting within seven days from the date of receipt of
 the notice. The meeting shall be held on a day not
 later than fifteen days from the date of issue of the notice of the meeting. If the President fails to convene the meeting within the specified time, the members shall
 request the Deputy Commissioner for the purpose, who
 shall direct the Chief Executive Officer of the Zilla Parishad to convene the meeting.

 *^f[m] prcsi- 74- (1) Without prejudice to the provision under
 dent and this Act a President or a Vice- President or a
 yi“ -[Presi]-member of a Zilla Parishad may be removed from office zuiaSan-by the State Government for misconduct in the discharge
 =had. of his duties or neglect or incapacity to perform his
 duties or for being persistently remiss in the discharge of or guilty of any disgraceful conduct. Once so removed a President, Vice-President or Member shall not be eligible during the remaining term of office to be elected either as President, Vice-President or Member of such Zilla
 Parishad:

 Provided that no such President, Vice-President or
 Member of a Zilla shall be removed from office unless-
 he/she is given reasonable opportunity to furnish explan­ ation to the State Government.


-----

644 THE ASSAM GAZETTE, EXTRAORDINARY, M AY, 6, 1994

###### (2) A President or a Vice President removed from
 his office under sub-section (1) may also be removed by the Government from membership of the Zilla Parishad after an opportunity is afforded for hearing him.

 Meeting of 75. Every Zilla Parishad shall hold meetings atleast
 Parishadla o llc e *n  e v e r Y three months, at such time and at such
ars a ‘ place within the local limits of the district concerned as*

###### the Zilla Parishad may fix at the immediately preceding
 meeting:

 Provided that the first meeting of a newly constituted*
 Zilla Parishad shall be held at such time and at such' place within the local limits of the district concerned, as the State Government may fix:

 Provided further, that the President when required, in
 writing by one-third of the members of the Zilla Parishad, to call a meeting,shall do so within 10 (ten) days, failing which the aforesaid members, may call a meeting after
 giving intimation to the Government and 7 (seven) clear days notice to the President and other members of the Zilla Parishad.

 Quorum of 76. (1) One-third of the total number of members of the

Zi,1j Parj- Zilla Parishad shall form a quorum for transacting business
###### Lg. [mc t] at a meeting of the Zilla Parishad.

 (2) Ten clear days notice of an ordinary meetings
 and seven clear days notice of a special meeting specifying the time at which such meeting is to be held and the business to be transacted thereat, shall be sent to the
 members and pasted up at the office Notice Board of the Zilla Parishad. Such notice shall include, in the case of a special meeting any motion or proposition mentioned in the written request made for such meeting.

 (3) If at the time appointed for the meeting, quorum
 is not present, the person presiding shall, wait for thirty minutes, and if within such period there is a quorum proceed with the meeting but if within such period there is do quorum, the person presiding shall adjourn the meeting to such hour on some future date which should not exceed more than thirty days. He shall similarly adjourn the
 meeting at any time after it has begun if his attention is drawn to the want of quorum. At such adjourned meetings


-----

THE ASSAM GAZETTE, EXTRAORDINARY, I l AY. 6, 1994 645

###### no quorum is required and the business which would have been brought before the original meeting shall be transacted.

 (4) No resolution of the Zilla Parishad shall be modi­
 fied or cancelled within six months after th. passing there­ of except by a resolution passed by not less than one half of the total number of members at an c rdinary or
 < special meeting- Any notice thereof shall be given
 fulfilling the requirement of sub-section (2; and setting forthfully the resolution which is proposed to modify
 fully or cancel at such meeting and motion or proposi-
 . tion for the modification or cancellation of such resolution.
 * t.
 (5) The proceedings of every meeting s arl be recor­
 ded in the minutes book immediately after the deliberation of the meeting and shall after being read over by the
 Chairman of the meeting be signed by him. The action taken on the decisions of the Zilla Parisi)ad shall be repor­ ted at the next meeting of the Zilla Parishad. The minutes book shall at all reasonable times, be open tc inspect by any member of the Zilla Parishad. The minutes book shall always be kept in ti e office of the Zilla Parishad
 and it shall be in the custody of the Chief Executive Officer.

 (6) A copy of every resolution passed by the Zilla
 Parishad at a meeting shall, with in ten days from the date
 of the meeting, be forwarded to Government.

 (7) All questions coming before the Zilla parishad
 shall be decided by a majority of votes :

 Provided, that in case of equality of v<. tes, the Presi­
 dent or the member presiding shall have a casting vote.

 (8) Every meeting shall be presided over by the
 President or if he is absent by the Vice President and
 if both the President and the Vice President are absent or the
 President is absent and there is no Vice President, the
 members present shall elect one from among themselves to preside.

**Powe r s /**

**and duties functions** 77. (1) The President v ' shall—

**ofPresident**

**aad Vice-**

**Presid ent**
**of** **Zilla**

**Parish,**


-----

###### (a) perform all the duties imposed and exercise all
 the powers conferred on the Zilla Parishad under this
 Act and rules made thereunder ;

 (b) convene, preside over and conduct meetings of
 the Zilla Parishad;

 (c) exercise administrative supervision over the Chiel
 Executive Officer and through him, all Officers and the employees whose services may be placed at the disposal of the Zilla Parishad by the Government ;

 (d) exercise such other powers, perform such
 other functions and discharge such other duties as
 the Zilla Parishad may, by general resolution direct or
 the Government may by rules made in this behalf pres­
 cribe ;

 (e) exercise overall supervision over the financial and
 executive adminstration r f tl’.e Zilla Parishad and place
 before the Zilla Parishad all questions connected therewith
 which shall appear to him to require its orders and for
 this purpose may call for records of the Zilla Parishad.

 (2) The Vice-President shall,—

 (a) in absence of the President, preside over the mee­
 ting of Zilla Parishad ;

**,** **y**
###### (b) exercise such powers and perform such duties
 of the President, as the President from time to time may, subject to the rules as may be prescribed, delegate to
 him by order in writing ; and

 (c) pending the election of the President or during the
 absence of the President from the district, or by reason
 of leave for a period exceeding30 (thirty ) days, exercise the
 powers and perform the duties of the President.

 r[P]n%eeCe of 78’ If it appears to a Zilla Parishad that the

n

###### meatV ofi1- attendance of any District Officer of the Government ha-
 ceriatzn- i desirable at a meeting
v n g jurisdiction in the district is

###### meeting. [d] of the Zilla Pariihad, the Chief Executive Officer shall by
 a letter addressed to such Officer, not less than fifteen days before the intended meeting, request that Officer to be


-----

THE ASSAM GAZETTE, EXTRAORDINARY,

###### present at the meeting, and the Officer shall unless preven­
 ted by reasonable cause, attend the meeting:

 Provided that the Officer on receipt of such letter may,
 if he, for any unavoidable cause as aforesaid is unable to be present thereby himself, instruct his Deputy or other de­
 partmental Subordinate Officer to represent him at the
 meeting.

» znia^'par’rf ?9- Subject to such conditions as may be specified by

t [h\id. ] a n the Government from time to time, the Zilla Parishad shall

###### perform the functions specified in section 90.

Assignment 80. (1) The Government may assign to a Zilla Parishad

o functio. sf u n c t j o n s in relation to any matters to which the executive

r?siiad[U F a] ’ authority of the Government extends or in respect of functions

###### which have been assigned to the State Government by
 the Central Government.

 (2) The Government may, by notification, withdraw
 or modify the functions assigned under this section.

 standing 81. The Zilla Parishad shall have the following Stan-

« committees, ding Committees, namely: —

###### (a) General Standing Committee,

 (b) Finance and Audit Committee,

 (c) Social Justice Committee,

 (d) Planning and Development Committee.

chairman cf 82. (1) Each Standing Committee shall consist of such

th< standing number of members not exceeding five including the Chair-
committce. m a n a s S[p]e c [jf]le [d by ] t [he Zilla Parishad and elected by the ]

###### members of the Zilla Parishad from amongst its members whose terms will be one year at a time.

_I_


-----

6.18, THE ASSAM GAZETTE, EXTRAORDINARY, MAY, 6 1994

###### (2) The President of the Zilla Parishad shall be the
 Chairman of the General Standing Committee and the Finance and Audit Committee.

 (3) The other Standing Committees shall elect the
 Chairman from among their members.

 (4) No member of the Zilla Parishad shall be eligi­
 ble to serve on more than two Standing Committees.

 (5) The Chief Executive Officer of the Zilla Parishad
 shall be the Ex-officio Secretary of the General Standing
 Committee and the Finance, Audit and Planning Com­ mittee and he shall nominate one of the Deputy Secret­ aries as Ex-officio Secretary for each of the remaining
 Standing Committees. The Chief Executive Officer shall be
 entitled to attend the meetings of all the Standing Com-

t '; mittees.

          - -           -           -           -

sm r [C] <ii"’ ° [r] (1) The General Standing Committee shall perform

###### functions relating to the establishment matters and functions relating to communications buildings, rural housing, village extensions, relief against natural calamities, Rural Develop­
 ment Programme of Government of India and alied matters and all miscelleneous residuary matters.

 (2) The Finance and Audit Committee shall perform
 the functions relating to—

 (a) the finance of the Zilla Parishad, framing of
 budgets, scrutinizing proposals for increase of revenue,
 examination of receipts and expenditure, consideration of proposals effecting the finance of the Zilla Prishad and general supervision < f the revenue and expenditure of the Zilla
 Parishad;

 (b) the Plan priorities, allocation of outlays to deve­
 lopments, horizontal and vertical linkages, implemantation of guidelines issued by Government, regular review of pla­
 nning programmes, evaluation of important programmes and small saving schemes.

 (3) The Social Justice Committee shall perform func­
 tions relating to—


-----

###### (a) promotion of educational, economic, social, cul­
 tural and other interests of the Scheduled Castes and
 Scheduled Tribes and Backward Classes;

 (b) protecting them from social injustice and all
 other forms of exploitation;

 (c) amelioration of the difficulties of the Scheduled
 Castes and Scheduled Tribes and Backward Classes;

 (d) securing social justice tc the Scheduled Castes
 and Scheduled Tribes, women and other weaker sections of the society I
 (4) The Planning and Development Committee shall
 perform the following functions—

 (a) be incharge of all educational activities of the
 Zilla Parishad;

 (b) undertake the planning of education in the
 district within the frame work of the Naticnal Policy and
 the National and State Plan;

 (c) survey and evaluate the educational activity of the
 Zilla Parishad;

 (d) perform such other duties pertaining to education,
 adult literacy and cultural activity as the Zilla Parishad may assign to it;

 (e) Health Service, Hospitals, Water Supply, Family,
 Welfare and other allied matters ;

 (f) agricultural production, animal husbandry, coopera­
 tion, contour buniding and reclamation ;

 (g) village and cottage industries ;

 (h) promotion of industrial development of the district.

Pciw’ r s 'a n f _$4. 0) The Standing Committees shall perform the_

###### fwXnsto functions referred to in sub-sections (1), (2), (3) and (4)

Stand i n g

Cmmittw.


-----

###### of Section 83 to the extent the powers are delegated to them by th® Zilla Parishad.

 (21 The Committees shall perform, in respect of matters
 assigned to them, such additional duties as may be prescribed

**C o m S tomm** **[r]ee[ees]8o f -** **8 5 - tj** 0 ) [T]f members of Committees, conduct of business he Zilla Parishad may frame regulations relating

to ele c o n o

###### therein, and all other matters relating to them.

 (2) The Chairman of every Committee shall in respect
 of the work of that Committee be entitled to call for any
 information, return, statement or report from the Zilla Parishad and to enter in and inspect any immovable pro­ perty of the Zilla Parishad or any work in progress con­ cerning the Committee.

 (3) Each Committee shall be entitled to require atten­
 dance at its meetings any Officer of the Zilla Parishad who is concerned with the work of the Committee* The Chief Executive Officer shall under instruction of the Committee, issue notices and secure the attendance of the officer*

 plwers1Iontof 86- ^ [le] Zilla Parishad may by notification delegate
 chief Exccu-to the Chief Executive Officer or other officers any of the and °®herP[o w e r s ] c o n fe i"r e d by or under this Act, on the Zilla
 officers. Parishad.

 Squire hoHto 8 7 ' (1) A Zilla Parishad shall nave the power to acquire,
 and dispjsehold or dispose of property and to enter into contracts:
gs property.


-----

t Provided that in all cases of acquisition or disposal of im­

movable property, the Zilla Parishad shall obtain the previous

approval of the Government.

(2) All roads, buildings or other works r constructed by a

Zilla Parishad with its own funds shall vest in it. ;
###### IN

(3) The Government may allocate to a Zilla Parishad

any Public property situated within its jurisdiction, and there­
upon, such property shall vest in and come under the control
of the Zilla Parishad.

(4) Where a Zilla Parishad requires land to carry out any

of the purposes of this Act, it may negotiate with

the person or persons having interest in the said land, and if
it fails to reach an agreement, it may make an application to
the Deputy Commissioner for the acquisitions of the land and
the Deputy Commissioner may, if he is satisfied that the land
is required for a public purpose, take steps to acquire the land
under the provisions of the Land Acquisition Act, and such
land shall, on acquisition, vest in the Zilla Parishad.

**Power to di-** 88. The Zilla Parishad may, by notification, turn, divert, dis-

tinue or'cSe[0011]^ [11116 ] o r permanently close any road, which is under the

road. control and administration of,< or is vested in, the Zilla Pari­
shad.

General po- 89. (1) The Zilla Parishad shall have powers to do all acts

PariShOa[d]Z,"a necessary for or incidental to, the carrying out of the functions

entrusted or delegated to it and, in particular, and without
prejudice to the foregoing powers, to exercise all powers spe­
cified under this Att.

(2) Subject to the general or speciahorders of the Govern­

ment,,^ a,, Zilla Parishad may—

(a) incur expenditure on education or medical relief out­

side its jurisdiction ;

(b) provide for carrying out any work or measure likely

to promote the health, safety, education, comfort, convenience,
social or economic or cultural well being of the inhabi­
tants of the district.


-----

652___THE ASSAM GAZETTE, EXTRAORDINARY, MAY, 6, 1994

###### (c) contribute to association at All India, State or Inter State
 Level concerned with the promotion of local self Govern­
 ment and to exhibition, seminar and conference within the District related to the activities of Gaon Panchayats, Anchalik
 Panchayat and Zilla Pari shad, and

 (d) render financial or other assistance to any person for
 carrying on in the District any activity which is related to any 3 of the functions of the State.

 »^ [ct]p°ower» 90. (1) It shall be the function of a Zilla Parishad to
 of zilla Pa-prepare plans for economic development and social justice of
 niskad. the District and ensure the Co-ordinated implementation of
 such plan in respect of matters including those enumerated below :

 (1) Agricultural :

 (i) promotion of measures to inciease agricultural pro­
 duction and to popularies the use of improved agri­ cultural implement and the adoption of improved agri­ cultural practices;

 (ii) opening and maintenance of agricultural farms and
 marketing agencies/Infrastructure;

 (iii) establishment and maintenance of godowns and
 cold storages;

 (iv) conducting agricultural fairs and exhibitions;
 (v) management of agricultural and horiticultural
 extension of training centres;
 (vi) training of farmers; #
 (vii) land improvements and soil conservation;

 (2) Irrigation, ground water resources and watershed
 development;

 (i) construction, renovation, maintenance of minor
 irrigation works and lift irrigation ;

 (ii) providing for the timely and equitable distribution
 and full use of water under irrigation schemes under the control of the Zilla Parishad?


-----

THE ASSAM GAZETTE, EXTRAORDINARY, MAY, 6, 1994 653

###### (iii) development of ground water resources;

 (iv) installation of pump sets; »

 (v) watershed development programme.

 <3) Horticulture :

 (i) rural parks and gardens;

 (ii) cultivation of fruits and vegetable;

 (iii) farms. '

 (4) Statistics :

 (i) publication of statistical and other information re­
 lating to activities of Gaon Panchayats, Anchalik
 Panchayat and Zilla Parishad;

 (ii) co-ordination and use of statistics and other in­
 formation required for the activities of the Gaon
 Panchayats, Anchalik Panchayats and Zilla Parishad;

 (iii) periodical supervision and evaluation of Project and
 Programme entrusted to the Anchalik Panchayats and Zilla Parishad.'

 (5) Rural Electrification :

 Assist in implementation and maintenance of rural ele­
 ctrification schemes.

 (6) Soil Conservation :

 (i) soil conservation measures;

 (ii) land reclamation and land development works.

 (7) Marketing :

 (i) development of regulated markets and marketing yards;

 (ii) grading and quality control of agriculture products.


-----

###### 654 THE ASSAM GAZETTE, EXTRAORDINARY, MAY, 6, 1994

 (8) Social Foresty :

 (i) organise campaign for tree planting;

 (ii) planning and maintenance of trees;

 (9) Animal Husbandry and Dairying :

 (i establishment of veterinary hospitals and dispensaries;

 (ii) setting up of mobile diagnostic and clinical labora-
 tories;

 (iii) breeding farms for cows and pigs;

 (iv) poultry farms, duck farms and goat farms;

 (v) common cold storage facilities for dairying, poul­
 try and fishery products;

 (vi) foddar development programmes;

 (vii) promotion of dairy farming, poultry and piggery;

 (viii) prevention of epidamics and contagious diseases

 (10) Minor Forest Produce and Fuel and Fodder :

 (i) promotion of social and farm forestry, fuel planta­
 tion and fodder development;

 (ii) management of minor forest products of the forests
 raised in community land; )

 (iii) development of wasteland.

 (11) Fisheries :

 (i) fish seed production and distribution;

 (ii) development of Fisheries in private and commu­
 nity tanks;

 (iii) development of inland fisheries;

 (iv) fish curring and drying;


-----

###### (v) assistance to traditional fishing;

 (vi) organising fish marketing co-operatives;

 (vii) welfare schemes for the uplift and development
 of fishermen.

 (12) HOUSEHOLD AND SMALL SCALE INDUSTRIES ♦
 INCLUDING FOOD PROCESSING);

 (i) identification of traditional skills in the locality and

 * developing household industries;

 (ii) assistance of raw material requirement so as to
 ensure timely supply;

 ( iii) design and production to suit the changing consu­
 mer demand;

 (iv) organisation ot* training programme for craftmen
 and artisans;

 (v) liasion to tap bank credit for this programme;

 (vi) popularising and marketing of finished products;

 (vii) industrial estates;

 * (viii) organising khadi, handloom handicraft and village
 and cottage industries.
 (13) RURAL ROADS AND INLAND WATERWAYS :

 (i) construction and maintenance of roads other than
r

###### National and State Highways;

 (ii) bridges and culvert coming under roads other than
 National and State Highways;

 (iii) construction and maintenance of office building of
 the Zilla Parishad;

 (iv) identification of major link roads connecting mar­
 kets, educational institutions, health centres;


-----

###### (v) organising voluntary surrender of land for new
 roads and widening of existing road.

 (14) HEALTH AND HYGIENE :

 (i) establishment and maintenance of hospitals, pri­
 mary health centres and despensaries except
 Civil Hospital, Medical College Hospital T.B. Sani­ tarium, Leprosy Hospitals and Mental Hospitals; $

 (ii) implementation of immunisation and vaccination x
 programme.

 (iii) health education activ'ties;

 (iv) maternity and child health activities!

 (v) family welfare activities;

 (vi) organising health camps with Anchalik and Gaon
 Panchayats;

 (vii) measure against environment pollution.

 (15) RURAL HOUSING :

 (i) identification of Houseless families;

 (ii) implementation of house building programme in
 the district;

 (iii) Popularising low cost housing.

 (16) EDUCATION :

 (i) promotion of educational activities including the
 establishment and maintenance of primary and secon­ dary schools;

 (ii) planning of programmes for Adult Education and
 library facilities;

 (iii) extension work of propogation of science and
 technology to rural areas;

**(iv)** survey and evaluation of educational activities;


-----

###### (v) establishment and maintenance of general hostels,
 ashrams, schools and orphanages.

 (17) SOCIAL WELFARE AND WELFARE OF WEA­
 KER SECTIONS : X

 (i) extension of educational facilities to the Scheduled
 Castes, Scheduled Tribes and Backward Classes
 4 by giving scholarship, stipends boarding, grants and
 other grants for the purpose of books and other
 accessories;

 9 (ii) managing hostels for the benefit of Scheduled Cas­
 tes and Scheduled Tribes;

 (iii) organising nursery schools, Balawadies High schools
 and libraries to eradicate illiteracy and impart general
 education;

 (iv) conduct of model welfare centre and craft cen­
 tres to train Scheduled Castes and Scheduled
 Tribes in cottage and rural industries;

 (v) managing residental basic schools for Scheduled Castes
 and Scheduled Tribes;

 (vi) providing facilities for marketing of goods produce
 by members of the Scheduled Castes and Sche­
 duled Tribes;
 I
 (vii) organising co-operative societies of Scheduled
 Castes and Scheduled Tribes;

 (viii) other welfare schemes for the uplift and develop­
r

###### ment of Scheduled Castes and Scheduled Tribes.

 (18) PROVERTY ALLEVIATION PROGRAMME •

 (i) planning, supervision, monitoring and implemen­
 tation of proverty alleviation programme.

 (19) SOCIAL REFORM ACTIVITIES :

 (i) women’s organisation and welfare;

 (ii) local vagrancy relief;


-----

###### (iii) children’s organisation and welfare;

 (iv) maintenance of Social Welfare Institutions such
 as Poor Home, Orphanages, Rescue Shelters;

 (v)sanctioning and distributing of pension for widows,
 old and physically disabled, destitutes and
 allowances for unemployed and couples of inter-caste
 marriages in which one party is member of a Scheduled
 Castes or Scheduled Tribes;

 (vi) control of fire out breaks;

 (vii) campaign against superstitions, casteism, untou­
 chability, alcoholism, expensive marriages,
 social functions, dowry and conspicuous consu­
 mption;

 (viii) encouraging community marriagesand inter-caste
 marriages;

 (ix) vigilance against economic offences such as
 smuggling, tax evasion, food adulteration;

 (x) assistance for developing land assigned to land­
 less labourers;

 (xi) identify, free and rehabilitate bonded labourers;

 (xii) organise cultural and recreation activities;

 (xiii) encouragement of sports and games; and (xiv) give new form and social content to traditional
 festivals;
 (xv) verification of weights and measures in (shopping)
 establishment,
 (20) PROMOTION OF THRIFT AND SAVINGS
 THROUGH:
 (a) promotion of saving habits; (b) small saving campaign; (c) fight against illegal money lending practices and rural
 indebtedness.
 (2) In addition, the Zilla Parishad may—


-----

###### (a) manage or maintain any work of pubUc utility or
 any institution vested in it or under its control and manage­ ment;

/

###### (b) acquire and maintain village hats and markets;

 (cl make grants to Anchalik Panchayat and Gaon Pancha-
 yats;

_f_

###### (d) co-ordinate and integrate the development plans
 and schemes prepared by Anchalik Panchayat in the district;

 , (e) adopt measures for the relief to the people in
 distress;

 (f) examine and sanction the budget estimates of Anchalik
 Panchayats in the district;

 (g) undertake or execute any schemes extending to more
 than one Block;

 (h) take over the maintenance and control of any rural
 bridge, tank, ghat, well, channel or drain belonging to
 private owner or any other authority on such terms as may be agreed upon.

 (4) The Zilla Parishad may be vested by the State Go­
 vernment with such power undei any Act as the Government may deem fit.

 (5) The Zilla Parishad of two or more adjacent districts
 may jointly undertake and execute any development schemes on such terms and conditions as may be mutually agreed upon.

 zilla »ari- 91. There shall be for every Zilla Parishad

 ■k*d Fond fund called the Zilla Parishad Fund and the fol-
**a**

###### owing shall form part of or be paid into the Zilla Parishad
 Fund, namely : —

 (i) the amount transferred to the Zilla Parishad Fund by
 appropriation form out of the consolidated fund
 * of the State ;

 (ii) all grants, assignments, loans, and contributions
 made by the Government;


-----

###### (iii) all fees and penalties paid to or levied by or on
 behalf of the Zilla Parishad under this Act
 and all fines imposed under this Act;

 (iv). all rents from land or other properties of the
 Zilla Parishad;

 (v) all interests, profits and other money acquired by
 gifts, grants, assignments or transfers from private individual or institutions.

 (vi) all proceeds of land, securities and other proper­
 ties sold by the Zilla Parishad;

 (vii) all sums received by or on behalf of the Zilla
 Parishad by virtue of this Act :

 Provided that sums received by way of endowments for
 any specific purpose shall not form part of or be paid into the Zilla Parishad Fund.

 Custody and *92. (1) The amounts at the credit of the fund shall be
 ofznupa'ri-t[1]®^ a current accounts with the nearest branch of the
 had Fund. State Bank of India or any other Nationalised Bank or
 Assam Co-operative Apex Bank.

 (2) It shall be lawful for Zilla Parishad to deposit at
 interest, with the approval of the Government with the State Bank of India or any other Nationalised Bank or Coopera­ tive Apex Bank in the State any surplus fund in the hands ? which may not be required for current charges and with
 like sanction to invest such fund in securities of the Govern­ ment of India or the State Government or in such other securities as the Government may, from time to time approve >
 in this behalf and to vary such investment for dispute of such securities with like sanction.

 ofSfluvari- 93. (1) Subject to the provisions of this Act and the
 -’dap fund r u le s m a de thereunder and such general or special orders as anc roperty. Government may make, all property owned by,
 or vested in, the Zilla Parishad under »this Act
 and all funds received by it and all sums accruing
 to it under the provisions of this Act or any


-----

###### other law for the time being in force, shall be applied for the purpose specified in section 90 and section 92(2) and for all other purposes for which by or under this Act or
 any other law for the time being in force, powers are con­ ferred or duties are imposed upon the Zilla Parishad:

 Provided that no expenditure shall be incurred out of the
 Zilla Parishad Fund unless provision there of has been made in the budget or funds are obtained by re-appropriation duly approved, except in such cases as may be prescribed by the Government:

 * Provided further that not less than twenty per cent of
 the funds meant for welfare activities shall be utilised for the welfare of the Scheduled Castes and Scheduled Tribes,

 (2) The Zilla Parishad fund and all property held or
 vested in the Zilla Parishad under this Act shall be
 applied , subject to the provisions of this Act for the
 payment o f— r

 (a) allowances to the President and Vice-President and
 travelling and daily allowances to the President
 and the Vice-President for tour within or outside the district and travelling and daily allowances to the members of the Zilla Parishad or any Committee
 thereof, subject to such rules as may be made in
 this behalf by the Government;

 (b) the salaries and allowances, pension and gratuity
 etc. of its officers and employees other than those whose sala­ ries and allowances are paid from the consolidated fund of the State;

_<_ _■■_ _-_ _■■■_ _■_

###### (c) for the purpose specified in the Act; \

 (d) any amounts falling due on any loans contracted
 by the Zilla Parishad ;
 (e) all other purposes for which by or under this
 Act or the rules and regulations made thereunder, any
 other law for the time being in force, powers are conferred or duties are imposeci upon the Zilla Parishad ;
 (f) with the previous sanction of the Government, for
 any other purpose for which the application of such pro­ perty or fund is necessary in public interest :


-----

###### 662 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994

 Provided that any amount granted to the Zilla Parishad
 by the Government or any person or loc al authority for
 any specific work or purpose shall be applied exclusively for such work or purpose and in accordance with such instru­ ction as the Government may specify either generally or specially in this behalf-

 Re«t and 94- Save as other wise provided in this Act and subject

feel to the regulations made in this behalf, a Zilla Parishad

###### may charge fee for any licence or permission issued by it under this Act and the rules made thereunder and levy rent and fee for the occupation or use of land or other property placed under its control or vested in it or main- *
 taincd out of the Zilla Parishad Fund.

 Taiatkm 95. (1) Subject to sueh maximum rate, as the Govern­
 ment may prescribed, a Zilla Parishad may -

 (a) levy tolls in respect of any ferry established by it
 under its management;

 (b) levy the following fees and rates, namely—

 (1) fees on the registration of boat or vehicle ;

 (ii) a fee for providing sanitary arrangement at such
 places of worship or pilgrimage, fairs and melas within its jurisdiction as may be specified by the Govt, by notification.

T

###### (iii) a fee for licence for fair or mela

 (iv) a lighting rate where arrangement for lighting public
 streets and places is made by the Zilla Parishad *

 ■ within its jurisdiction and

 (v) water rate, where arrangement for the supply of weter
 for drinking, irrigation or any other purpose is made by the Zilla Parishad within its jurisdiction.

 (2) The Zilla Parishad shall not undertake registration
 of any vehicle or levy fee therefor and shall not . provide sanitary arrangement at places of worship or pilgrimage, fairs and melas within its jurisdiction or levy fee therefor if such vehicle has already been registered by any other


-----

###### authority under any law for the time being in force or if such provision for sanitary arrangements has already been made by any other local authority

 (3; The scale of tolls, fees and rates and the terms
 and conditions for the imposition thereof, shall be such as may be provided by bye-laws. Such bye-laws may prevde for exemption from all or any of the tolls, fees or rates in

4

###### any class or cases.

**Budget of** 96. (1) Every Zilla Parishad shall, at such time in such
**Zilla Pari-**

**»had.** manner as may be prescribed, prepare in each year in

###### budget of its estimated receipt and disbursements for the
 following year and submit it to the Government through the Director of Panchayat and Rural Development, Assam.

 (2) The Government may within such time as may be
 prescribed, either approve the budget or return it to the Zilla Parishad for such modifications as it may direct. On such modifications being made, the budget shall be re-submitted within such time as may be prescribed for approval of the Government.

 If the approval of the Government is not received by
 the Zilla Parishad within thirty days from the date of sub­
 mission or re-submission, as the case may be th e budget shall
 be deemed to be approved by the Government.

 (3) No expenditure shall be incurred unless the budget is
 approved by the Government.

 (4) The Zilla Parishad may prepare in each year a sup­

**C** plementary estimate providing any modification of its budget

###### and may submit it to the Government for approval within such time and in such manner as may be prescribed.

 97. A Zilla Parishad shall keep such accounts in such a

**Accounts.**

###### manner as may be prescribed by the Government.

**Audit** 98. (1) The audit of the accounts of the Zilla

###### Parishad shall be carried out by the authority as may be
 prescribed by the Government and a copy of the audit note shall be forwarded to the Zilla Parishad within one month of completion of the audit.


-----

###### (2) On receipt of the audit report reieired to in sub­
 section (1) the Zilla Parishad shall either remedy any defects or irregularity which have been pointed out in the audit and send to the Government within three months or intimation of its having done so or shall, within the said perted, supply any further explanation to the prescribed authority in regard to such defects or irregularities as it may wish to give.
 rri - [;] i  Powers to 99. A Zilla Parishad may, with the previous sanction of the
 inTfirming Government and subject to ti e conditions imposed by it from
 of a sinking time to time, raise loans for the execution of any work or for
 Fund. p pos of carrying out any of the provisions of this
U r e

###### Act and form a sinking fund for the payment of such loan.

 Prohibition 100- Except as hereinafter provided, payment of any sum
 of expend!- shall be made out of the Zilla Parishad Fund unless the
 expenditure of the same is covered by a budget grant except in the following cases, namely-

'■? ■' ■ J '- ' -    - .    - ; } :    -    - .

###### (al refund of moneys which the Zilla Parishad is
 authorised to make under this Act or the Rules and
 regulations made thereunder;

 (b) payment of moneys belonging to the contractors or
 other persons held in deposit and of moneys credited to the Zilla Parishad fund by mistake;

 (c) sums which the Zilla Parishad is required or em­
 powered by this Act to pay by way of compensation; «

 (d) every sum payable—

 (i) under this Act by order of the Government;

                                                                                                          -

###### (ii) under a decree or order of a Civil Court; and,

 (iii) under a compromise of any suit or other legal pro-
 r : r r ceedings, or claim.

**Govern-** 101. It shall be lawful for the Government from

**“** **[e n]** **‘piace[w e r t i l]** **?** **e** **t o** **t i m** **e** **t** **0** d i fe c t    - by notification that any road,roads,

**other pro-** bridge, channel, building or other property, movable or

###### ‘ Sill? S - Unlovable or which is vested in the' Government and

**shad.** ’ which is situated in the district, shall with the consent of


-----

###### the Zilla Parishad, and subject to such exceptions and con­ ditions as the Government may make and impose, be placed under the control and administration of the Zilla Parishad for the purpose of the Act and thereupon such road,
 channel, building, bridge and other property shall be under the control and administation of the Zilla Parishad, subject to all exceptions and conditions so made or imposed and to all charges and liabilities affecting the same :

 Provided that the Government by notification may resume
 any property placed un er the control of a Zilla Parishad under sub-section (1) on such terms as the Government may

 • determine.

 staff of znia 102. (1) The Government shall appoint an officer
 Parishad. not below the rank of the Addl. Deputy Commissioner of
 a district as Chief Executive Officer of the Zilla Parishad.

 (2) The Government shall also appoint a Chief Accounts
 Officerand a Chief Planning Officer fir each Zilla Parishad.

 (3) The Government shall post from time to time to
 work under every Zilla Parishad, such number of other offi­ cers of the State Government (including any officer appoint­ ed to such services from amongst person employed by exis­ ting local authorities) as the Government consider necessary.

 (4) Notwithstanding anything contained in this Act
 or any other law for the time being in force, the
 I Government or any other officer or other authority autho­ rised by it in this behalf shall have powers to effect trans­ fer of the officers so posted either within the district or
 from one district to another district-

 (5) Under every Zilla Parishad there shall be such
 number of Grade-Ill and Garde IV staff including technical staff as per staffing pattern prescribed by the Government. The Glass-I post of the Zilla Parishad shall be appointed
 /deputed by Government as per Section 140(1). In respect
 of the provincialised Panchayat employees the Director of Panchayat and Rural Development shall be the appointing authority.

 (6) Notwithstanding anything contained in this Act
 or any other law for the time being in force, the
 Director of Panchayat and Rural Development, Assam have


-----

###### powers to. effect transfer cf the provincialised staff so app­ ointed either within the district or from one district tc
 another district.

 (7) The staff as under sub-clause (5) and (6) in
 position in the Mahkuma Parishads comprising the district
 immediately prior to the enactment of this Act shall be absorbed in tie Zilla Parishad concerned.

 (8) The Government may, from the specified date
 constitute such services for each Zilla Parishad as may be prescribed.

 the'chirfEx1- (1) Save as otherwise expressly provided by or
 ecutive and under this Act, tire Chief Executive Officer shall—

**Other officers**
of" tIIC _;Q,_
###### Parishad. (a) carrycut the policies and directions of the Zilla
 Parishad and take necessary measures for the speedy execu­ tion cf all works and developmental schemes of Zilla Parishad;

 (b) disch arge the duties imposed upon him, by or under
 this Act, or the rules and regulations made thereunder;

 (c) supervise werks cf the officers and officials of the
 Zilla Parishad under the general Supciintendance of the Pre­ sident cf the Zilla Parishad and under such rules as may be prescribed;

 (d) have custody of all papers and documents^relating
 to Zilla Parishad; and

 (e) draw and disburse money out of the District
 Rural Development funds and exercise such other cowers and perform such other functions as may fe prescribed.

 (2) The Chief Executive Officer shall be the Ex-officio
 Secretary of the Zilla Parishad and may take part in the discussion but shall not have right to move any resolution or to vote If in the opinion of the Chief Executive Officer
 any proposal before the Zilla Parishad is violative of or inconsistent with the provision of this Act or any
 other law or the rules or order made thereunder, it shall be his duty to bring the same to the notice of the Zilla Parishad.


-----

THE ASSAM GAZETTE, EXTRAORDINARY,

###### (3) The Chief Accounts Officer shall advise the Zilla
 Parishad in matters of financial policy and shell he responsi­ ble for all matters relating to the accounts of ti e Zilla
 Parishad including preparation of annual accounts and the budget.

 (4) The Chief Acccunts Officer shall ensure that no
 f expenditure is incurred except under proper sanction and in accordance with this Act and the rules and re­
 gulations thereunder and shall disallow any expenditure not warranted by the Act or Rules and Regulations
 or for wh'ch no provision is made in the budget.
r

###### (5) The Chief Planning Officer shall advise the Zilla
 Parishad in matters of plan formulation and shall be res­
 ponsible for all matters relating to planning of the Zilla
 Parishad including the preparation of plan of economic development and social justice and annual plan for the district.

 Right to req. ] 04. (1) Every person in possession of money, re­
 cord00 re counts, records or other property pertaining to a Gaon
 Panchayat or Anchalik Panchayat or Zilla Parishad
 shall on the requisition in writing of the Chief Exe­
 cutive Officer for this purpose, forthwith handover such money, or deliver up such accounts, records or other
 property to the Chief Executive Officer or the person
 authorised in the requisition, to re ceive the same.
 ' . . . , (2) The Chief Executive Officer may also take steps
 to recover any money due by such person in tire same
 manner and subject to the same previsions as in the rele­ vant Land Revenue Act for the recovery of the airear of land revenue from defaulters, and for the purpose of
 recovering the accounts, records or other property, pertai­ ning to the Gaon Panchayat or Anchalik Panchayat or Zilla Parishad may issue a search warrant and exercise all such
 powers with respect thereto as may lawfully be exercised by a Magistrate under the provisions of Chapter- VII of the Code of Criminal Procedure (Central Act-2 of 1974).

 (3) Every person knowing where any money,
 accounts, records or other pro; erty pertaining to a
 Gaon Panchayat or a Anchalik Panchayat or Zilla


-----

Par shad are concealed, shall be bound to give information of the
Sa e to the Chief Executive Officer.

(4) An appeal shall lie from an order of the Chief Executive

Officer under :his Section to the Government.

CHAPTER- VII

SETTLEMENT OF HATS, GHATS FERRY, ETC., & DISTRIBU­

TION OF PROCEEDS & MAINTENANCE & REGULATION THEREOF.

Sect emen of 195, (!) A []] pj]a ts v [ithin the territorial jurisdiction of Anchalik]

chaiik [y] pa ”’P[a n] chayat shall be sealed in he man er prescribed for a period

chayats. coinciding with and not exce< ding one Panchayat financial year by
invit ng tenders at the office of the Anchalik Panchayat by its

President.

(2) Det Tied procedure for inviting and submission of such tenders

shall be such as may be prescribed.

(3 The powei£ of examination and final acceptance of such ten­

ders shad be vested in the Standing Committee referred to in

Section 52 (1) (a).

(4) All settlement ma e under sub-section (3) shall be subject to

the co fir at on of the Zilla Parishad:

Provided that in case of any di pute, the Anch lit Panchayat may

refer s ch case to th Government and the aggrieved party may

appeal to Government vytose decision in this regard shall be final.

(5) F ilure to settle any Hat for want of adeq tate value, the

Anchalik Pmch«yat, as may be decided by the Zilla Parishad, may

b entrusted with the direct management of such Hat by the Anchalik
Par chayat.

( (6) All sale proceeds of hats shall be deposited in the Anchalik t

Panchayat fund and distributed in the manner hereinafter prescribed.—

(a) an amount equivalent to twenty percent of the total sale

proce ds of Hats, shall be made over to the Zilla P^rishat funds ;

and

b) an amoun’ equivalent to forty percent of the sale proceeds

if Hat shall be equally distributed to all the Gaon Panchayats under
the A chaiik Panchayat and remaining forty percent retained in the
Anchalik Panchayat Fund :

Provided that amount due if anv, on account of annual instal­

ment for repayment of the loan with interest incurred by the erstwhile

Mahkuma Parishad, Anchalik Panchayat and Gaon Panchayat for im-

r vementol hats falling within the jurisdiction of the Anchalik Pancha­

yat and Gaon Panchayat concerned shall be p id out of the forty percent


-----

share of sale proceeds o« hats madeover to Anchalik Panchayat or Gaon
Panchayat as the case may be.

Settlem ntof 106. ^11 Public Ferries, other thin Government ferries within the

Public Ferde[s t e r r] ‘[t0] '' [a]   - jurisdiction of the Anchalik Panchayat shall be settle in the

and distribu'manner pres.ribed for a period coinciding with tnd not exceeding one

tion of sale Panchayat financial year by inviting tenders at the office of the Anchalik

Acr ° f [6 d]   - Panchay ;t by its President.

 - (2) Detailed procedures for inviting nd submission of such tenders

shall be such as may be prescribed by the Government.

(3) The powers of examination and final acceptance o! such tenders

shall be vested in the Stand ng Committee ss under Section 52 (I) (a).

(4) All settlement made under sub-section-(3) shallbe subject to

the confirmation of the ZUla Parishad:

Provided that in case of any dispute the Anchalik Panchayat may

refer such cases to the Government andthe iggricvel party may appea
to Government whose decision in this regard shall be final;

Provided further that as and when deemed necessary, the Govern­

ment .may intervene in the matter of a particular settlsmens and its
decision in this regaid shall be final:

Provided further that the St fie Governmert may issue order to

Anchalik Panchayat for the settlement of a public ferry tailing within

the jurisdiction oi more than one Anchalik Panchayat or Zilja Parishad

(5) All sile pr »ceeds of public ferry shall be deposited in the Anchalik

Panchayat Fund and thereafter the proceeds of inter Anchalik Pan­
chayat public ferry, if there be any, shall be equitably distributed to
the Anchalik Paiicbaya* concerned and thereafter the proceelsre mai.
mng in an Anchalik Panchayat Fund shall be distributed in the manner
hereinafter provided :

(a) an amount equivalent to twenty percent of the sale pro­

ceeds of public fe. ry shall be made over to the Zilla Parishad Fund;

(b) an amount equivalent to forty percent of the sale proceeds

of public ferries shall be retained in the Anchalik Panchayat Fund;

Provided that the Anchalik Panchayat shall meet all expences, if

there be any, for maintenance and improvement of the public ferries
from ou? of the forty percent share of sale proceeds of public ferries
received by it:

Provided further that if any Anchalik P a n c h a y a t tails to

make improvement of or tie g 1 ec t to maintain the portion of

the inter-Auchalik Panchayat Public ferry falling within the


-----

jurisdiction of tie Anchalik Par chayat, such expenditure incut red for naiu-

teoance and improven,ent shall be deducted from ibe share of the

deitulting Anchalik Panchayat.

(c) An amount equivalent to ft rty percent f the sale proceeds

of pjbl c ferries shall be equally dis: s buted among all the aon Pan­

ebay ts fall ng with'n the jurisdiction of the Anchalik Panchayat.

(->) The sale of all public feisies falling within two or more An-

cnalik Paucbayats shall be conducted by the Anchalik Panehayats by

rotation every y<&r. In case of dispute betv.een uo Anchalik Panchayats
th ma ter shall be ref ried to the Zilla Parishad/Government, whose

decision shall b * final.

privateTat[01] P° [w eTS] °f se tiemen’ of private hats, ghats end fisheries

ghat, and fi-[e] tc. under the jurisdiction of the Gacn Panchaiat sha'l '[i] e vested in
sheries etc. the Standing Committee as under sub-sectior (l) (i) of Section-22.
by the Gaon x
Panchayat.

Transfer of 108. (I) Notwithstanding anything in any i< w for tr.e time being

Government in fores, the State Govern ; ent shall t<an-fer such Government

^ e n e ( 'F i s h e r y which has fetched an income of rupees twenty-five thousand

Palocha o r le s s i n a v e a r *' t '°e Gaon Panchayat within the jurisdiction of

and Anchalik which the fisbei y is situated:
Panchayat.

Provided that a >r.iosfer under ti.is s b-SiCtian shad be given effect

from the i ext fallowing year <•/ such income.

(2) The Govern me t shall transfer Government Fisheries whose

annual sale value iv more than rupees Twenty-five thousand and less

then rupees ore Likb with p wer of ttieir control and administration

tn the Anchalik Parchayat wit bin he jurisdiction ot which such fisheries
are situated.

Settlement of 109 '0 ' ave as othsrwise provided in this Act or r. ks f ante there-

Fisheries and under, all fisheries of ar> Anchalik Panchayat shall he settled by the
distribution Anchalik Pancm vat in the manner prescribed for a period coinciding
of proceeds o r n o t e x c e [, ding one Panchayat financial year by inviting tender ] ,

at the office of the Anchalik Panchayat by its President.

(2) Detailed procedure for inviting :md submission of such tenders

sh 11 be such as may be prescribed.

(3) The powers of exa nir ation and final acceptance of such tenders
y shall be vested in the Standing Committee referred to in Section-52 (i) (a).

(4) All Settlement made under sub section (3) shall be subject to

the confirmation of the Zilla Parishad:


-----

Provided t’ **at** in case of ary dispute, the Anchalik Panchayat

may refer such cases to the Govetnmen and the aggrieved party

may appeal before G v tam er. whose decision in this regard shall

**be** final :

Provided further shat as a>:;d when deemed necessary, the Govern­

ment may i .teivene in he matter of a particular settlement and its
decision in this icgard shall be final

(5) AU sale proceeds of public fisheries shall be deposited in the

A cfcaiik Panchayat fm d and shall be distributed in the manner

hereinafter p? o ided.

(a) T -■ er.ty p*r cent of the total snl procreJs of Anchalik Pan­

chayat fisheti s shall be * ade ever to the Zilla Panshad fund.

(b . Potty percent of ti e total sale proceeds of the Anchaiik Pan­

chayat fisheries shall be rt triced with the A chalik Panchayat Fund.

(c) Forty per cent of the Kt»’ sale proceed? cf Anchalik Paucba-

yat fisheries shall be distributed equally among tie Gaon Panchayats
failing wths,.. the jurisdict on cf the Anchalik Panchayat.

(6) The Hats, Ferries aid Fisheries falling under any Anchalik

Panchayat w ,t'in the jurisdiction cf Zilla Parishad, the yearly sale

value of wi ich is more than rupees one lakh and lets than three

lakh ihall be settled by the Zill t Parish d concerned for a period

coinciding with and not exceedi g one Panchryat Financial year as

under Sections 105,106 and 109 in the manner prescribed The powers

of examination and final acceptance of such tenders hall be vested

in the Standing Committee as under Section 81 (i) (a). The distribution
of sa'e proce ds ihall be in the manner as prescribed in the foregoing
sections

Hats situated 110. (1) Notwithstanding anything c Gained in the Assam **Muni-**

z ,n ,th f a re a cipal Act, 1956 the sale proc eds of a y h it situated in the area which

fron'/aGaon ^ [a s ] e x eiuded aft- com net cement of this Act from the territorial

Panchayat jurisdiction of the Gaoa Panchayat and included in the territorial
and included jurisdiction of the Town Committee or Municipality, shall be equally
in Town CXapporooned' by the State Government for three succeeding years

Municipality[f 011 O W jD] S t h e yeat of such transfer of the area.

(2) For any loan incurred ly a local authority for improvement

of a hat situated in the area which has been excluded from the territo­
rial jurisdiction of Town Committee or Municipality, [the liability

or repayment of such loan with interest, tbail be transferred to such
Town Committee or M nicipality, under order of the Government.


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CHAPTER VIII

DISQUALIFICATION OF THE PRESIDENT, VICE-PRESIDENT &
MEMBER OF ZILLA PARISHAD, ANCHALIK PANCHAYAT AND
GAON PANCHAYAT.

Disqualifies- H*- No Person shall be elected or co-opted and remain

tions: as President, Vice-President or Member of Zilla Parisbad, Anchaiik

Par.chayat and Gaon Panchayat, if be or she —

(a) has been convicted of an offence involving moral turpitude

or ordered to give security for good behaviour under Section 110 of
the Cote of Criminal Procedure, 1973, unless a period of four years
has lapsed on ' e date fixed for holding election from the date

of his release in case o[f] a sentence or imprisonment and in case of
sentence other than imprisonment from the da*e of conviction; or

(b) has been dismissed from Government service for

commission of act involving moral turpitude unless a period of five
years has elapsed on the date fixed for holding election from the
date of his dismissal; or

(c) applies to be declared as an uncertified bankrupt or undis­

charged insolvent;

(d) has been proclaimed a tout under the Legal Practitioners Acts

or

(e) holds any service, of profit under Government (or any edu­

cational institution rec.gni'ed and receiving grant from the Govern

meat; or holds remunerated office under Zilla Parishad, Anchaiik
Panchayat and Gaon Panchayat or holds any contract under any of
the aforesaid bodies or under the Government ; or

(f) has been during the four years immediately preceding the

date of election convicted of an offence punishable under Section 135,
or clause (a) or sub-section (2) of Section 136 of the Representa­

tion of PeotleS Act., 1951 cr has teen found by a competent autho­
rity to have resorted to corrupt p . dice resulting in selling aside

of his election to any local body or to any legislature in India ; or

                               -

(g) has been a defaul er of pavment of any rate, tax

cess or fee imposed under »he provisions of this Act and the
Rules framed hereunder or of any loan of cooperative society;

(h) if any question arises as tc whether a member of a Pancha

yat body at any level has become subject to any of the disqualifications
under this section, the question shall be referred for decision of

such authority and in such manner as the Government may by law
provide ;


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THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994 673

(i) if a person who is chosen a a member of a Pai.cha,at is or

been • es taembir o the Eous- of he People, the State Legislative

A ssmoly or is or becomes a Municipal Councillor or a Councillor
ot a u< i ipal rpMation or a member, of a Town Committee, then

vithin fifteen ay from the cate of commeneemest of the term r

ofbce of a n e ter <f the H iiSe of People, he State Legislative Assem­
bly or of Municipal Corporation or C -ncillor of Municipality or

m tuber of Tov Committee, h s '-eat in the Panchayat shall become

vacant unless he has pt viou ly resigned his seat n the H use of

People, the State Legisla ive Assembly or tbe Municipality or the
Municipal Corporation cr the town committer ?s the case may be ;

(j) no person shall be disqualiPed on the ground that Fe is less

than twentyfive years of age, if be has attained the age of eighteen

years.

CHAPTER—IX

GENERAL POWERS OF INSTRUCTION, SUPERVISION

AND CONTROL OF STATE GOV ENMENT

General Po- 112. (i) T - e Officers as an empowered by tbe Government in

wers of Go-this behalf fh -11 have yenetal powers _o'_ inspection, supervision,

vernment. ([,]v e r [ ,] h c [ performance or Tie ad innt a ive duties of a Zilla PMsnad, ]
Archalik Panchayrt or Gaoo Pancha-at and without prejudice to

tbe generality of tbe foregoing powers may

(a) enter into and inspect any immovable property in the occ n ation

or co rrol or any work in progress un r the direction <f a Zilla

   - Panshad, Anci.ahk Panchayat or Ga n Pa chaya ;

(b call for »nc inspect any document wh ch may, for the purpose

ol this Act, be in the po; session ot control of a Z'lla Parishad, Amh Ik
Panchayat or Goan Pa ichayd ;

  -

(c) require, bv an order, in writ ng a Zilla Parishad, Ancbalik Pan­

chayat or Gaen Panchayat to furnish such statements, accounts, reports,
poceedings as they ihmk fit;

(d) give such advice in writing in respect of the adminis rative

works, duties arid proceedings as they think necessary, also see that

ab proceedings of a Zilla Parishad, Andtaiik Panchayat or G an P ar­
eray*t are m conformity with law and manual any proceedings which
is considered not to be in conformity with law and may do all

things necessary to secure such c n’ormity;

(e> institute an enquiry in respect <f any matter"relating to Zilla

Parish d, Ancbalik Panchayat or Gaoo Panchayat and ractify any

acto r omission.


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674 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994

c h a p IER—X

CONSTITUTION OF FINANCE COMMISSION AND STA T-

ELECTION COMMISSION FOR PANCHAYAT BODIES.

Finance Co- 113, The State Government shall as soar, as may be, within

mmission. O[ne year irom ] the date of commencement of the Constitution

(seventy-third um.ndment) Act, 1992 ana thereafter at the expiration
of every fifth year constitute a Finance Commission to review

the financial position oi the ranchayats and to n ake recommendations
to **the** Governor as to—

                                           -
(a) the principles which should govern—“■ *•

(i) the distribution between the State and the Panchar ats net

proceeds of the taxes, cuties, tolls and fees leviable by the
State which may be divided between them and ailocaticn
between Panchayats at all levels of their respective share

of such proceeds.

(ii) the drtermin >tion of the taxes, duties, foils and fees which

may be assignei to or appropriated by the Panchiyats

(iii) the Grants-in-pid to lv Panchayats from the consolidated

furd of the State.

(b) the measuies needed t improve the fina: c al p sicon of tre

Zilla Parishads, Anchalik Panchayats and Gaon Panchayats.

(c) any other matter referred to the Finance Commission by the

Governor in the interest of sound fiiar.ee of the Panel, yats ;

(2) The Finance Commission shall rons'sts of a Cbairn n Snd

two other members to be appointed by the Governor.

(3) The Chaitman and the members ot the Finai ce Commission

shall possess such qualification at) shall be appointed in such manner

as may be prescribed by Go'em inent,

(4) The Finance Commission shall determine its procedure'.

(5; The Chairman oi a member of the Finance Commission

may resign his office by writing under his hai a and addressed to

the Chief Secietary to the Government of A am, but he shall continue
in his ofiice until his resignation is accepted b, ihe Government.

(6) The casual vacancy created by the resignation of the member

or Chairman under sub-section (5) or for any other reason, may be

filled by fresh appointment and a member or Chairman so appointed
shall hold office for the remaining period for which the member or

Chairman in whose place be has be n appointed would have held office.


-----

THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994 675

###### (7) The Commission shall have the following powers in
 the performance of its functions namely—

 (a) to call for any record from any Officer or authority ;

 (b) to summon any person to give evidence or produce
 records; and -*>
 (c) such other powers as may be prescribed.

 (8) The Governor of the State shall cause every reco-
 r mmendation made by the Finance Commission under this section together with an explanatory memorandum as to the action taken thereon to be laid before the House of the State Legislature.

 sute Pan- 114- (1 The Superintendence, direction and control of the
 tionyacoLmmi-Pr epar - tion of electoral roll for, and the conduct of all
 ssion. election to the Panchayat shall be vested in a State Elec­ tion Commission consisting of a State Election Commissioner to be appointed by the Governor.

 (2) The conditions of service and tenure of office of the
 State Panchayat Election Commissioner shall be such as the
 Governor may by rule determine, provided that the State Election Commissioner shall not be removed from his office
 f except in like manner and on the like grounds as a judge of the High Court and the conditions of service of the State
 Panchayat Election Commissioner shal- not be varied to his disadvantage after his appointment,
 c,

 3) The Government shall when so requested by the
 State Election Comrai sioner, make available to the State Election Commission such staff as may be necessary for the discharge of the functions conferred on the State Panchayat Election Commission under this Act.

 (4) Subject to the provisions of Constitution of India,
 as amended, the State Legislature may by law, make provision with respect to all matters relating to, or in connection with Election to the Panchaya[T]s.


-----

676 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1991

CH A PTER-X I

MISCELLANEOUS :

decisioSn°Vof US* Every Panchayat shall have powers to revise or modify

commi'te°». any decision taken by any of its Committees.

Gaonrsr.°- A Gaon Panchr.yat m a ', subject to th. provisions

chayat to of the Act and the rules made thereunder and with th^

make bye-pr e v ious s notion of t e Zilla Parish,d. make bye-laws to

carry out the purposes of this Act in so far as it relates
to its powers and duties.

(2) Tn particular and without prejudice to the generality

of the foregoing power, a Gaon Panchayat may make such
bye-laws ?.s may be required t> discharge the function and

duties entrusted to it under section 9

(3) In making any bye-laws under sub-section (1) and

(2) the Gaon Panchayat may provide that a contravention

thereof shall be punishable wi[f] h such fine as may be pres­
cribed.

(4) Any such bye-laws may also provide that a person

contravening the same, shall be equimdto remedy so far as

it li s in his power, the mischief, if any, earned by sue®

contravention.

(5) All bye-laws- made under this section shall be subject

to the condition of previous publication and such publica-’

3 r[{j ] ticn shall be ma-'e in such manner as may be prescribed*

eisjg ...
Powjft of 117« fl) An Anchalik Panchayat may, subject to the provisions
n5V-t[k] ^o °^ *■* :i n " r i i ^eS m a c e thereunder and with the pre-
maShcgu-vicus sanction of the Government, by notification, make re­
lations. gulations to carry cut the purposes of this Act in

so far as it relates to its powers and duties.

t[cibnT io noiiuii]

UOUlv'O q C £AV , , . , , , .
u (2) The regulations made under sub-section (1) shall be

subject to the condition of previous publication and such
publication shall be made in such manner as may be prescribed,


-----

THE ASSAM GAZETTE, EXTRAORDINARY, M AY 6, 1994 **677**

zSa^PaH- (1) A Zilla Panshad may, subject to the provisions

shad te ma- of this Act and the rules made thereunder and with the

dons’[egaia]' P[r e v] ’[o u s] sanction of the Government, by notification, make

regulations to carry out the purposes of this Act in so

far as it relates to its powers and duties.

(2) The regulations made under sub-section (1) shall be

subject to the condition of previous publication and such
publication shall be made in such manner as may be prescribed.

ve°rnme°f»?o’ 1’9- C1 ) The Government may subject to the provisions of this

make model Act, ti e rules made thereunder and after previous publi-

reguiations. cation of the draft for net le:s than one month, make

model regulations and bye-laws for Goan Panchayat, Ancha-

lik Panchayats and Zilla Panshads-

(2) A Garn Panel ay at, Anchalik Panchryat or Zilla

Parishad may, by resolution rdopt the model bye-laws or regu­
lations, as the case may be made under sub-section (1), at d
such bye-laws and regulations shell come into force within

the jurisdiction of the Gaon Fanchavat, Anchalik Penchayat
or Zilla Parishad from such date as the Gaon Panchayat,
Anchalik Panchayat or Zilla Parishad, as the case may be
may specify in a notice published in the prescribed manner.

powers of 120- (l)W heu on account of the reason that the limits of

to[0 v e] dissoive[a] Panchayat area is altered, the Government may by order
and recons published in the Official Gazette dissolve such Panchayat,

chaylt ina th/r o m a ^ a t ®> specified in the order and direct that Gaon

alteration os Panchayat, Anchalik Panchayat and Zilla Parishad concer-

iimits Panchayat of n p d •u 9

area.

(1) be re-constituted for the Panchayat area of which

the Gaon Panchayat or of which Anchalik Panchayat or the
district of which the Zilla Parishad has been dissolved ;or

(ii) be established for a Panchayat area, block or dis­

trict which has been newly re-constituted-

(2) The member of the Gaon Panchayat, Anchalik Pan­

el? ayat or Zilla Parishad which has been dissolved under
sub-section (1) shall vacate their office from the date speci­
fied in the order of the Government,


-----

678 THE ASSAM GAZETTE, EXTRAORDINARY,, MAY 6, 1994

###### 3) The Gaon Panchayat, Anchalik Panchayat or Zilla
 Parishad re-constituted or re-established under the provisions of sub-section (1) shall consist of members nominated by the Government and such member shall be persons who are me­ mbers of the Gaon Panchayat, Anchalik Panchayat er Zilla Parishad which has been dissolved under sub-section (1).

 (4) The Chairperson of Gaon Panchayat, Anchalik Pan­
 chayat or Zilla Parishad shall be elected in the manner pro­ vided in this Act.
 (5) The term of the Gaon Panchayat, Anchalik Panchayat

gt Zilla Parishad so constituted or established shall be for

###### such period not exceeding six months as the Government
 may by order specify.

 6) Before the expiry of the term of the Gaon Pancha­
 yat, Anchalik Panchayat or Zilla Parishad in accordance with the provisions of sub-section (5) a Gaon Panchayat, Anchalik Panchayat or Zilla Parishad shall be constituted in the manner provided by this Act:

 Provided that where the reminder of the period for
 which the Gacn Panchayat, Anchalik Panchayat or Zilla Parishad would have continued is less than six months, it shall not be necessary to h Id an election under this section for constituting a Goan Panchayat. Anchalik Panchayat or Zilla Parishad for such period.

 (7) A Gaon Panchayat, Anchalik Panchayat Zilla Pari­
 sh ad constituted under sub-section (6) shall continue only for the reminder of the period P r wl i h the dissolved Gaon
 Panchayot, A chalik Panchayats or Zilla Parishad would have continued had it not been dissolved-

 (8) When a Gaon Panchayat, Anchalik Panchayat or
 Zilla Padsoad has been dissolved and reconstituted or re-esta­ blished under this section sc much of the Gaon Panchayat,
 Anchalik Panchayat or Zilla Parishad fund and other pro­ perty vested in the Gaon Panchayat, Ahchalik Panchayat
 or Zilla Parishad which has been dissolved shall vest
 in and such portion of the debts and obligations
 shall be transferred to the Gaon Panchayat, Anchalik
 Panchayat or Zilla Parishad re-constituted or re-established
 under this section as the Government may by order in
 writing direct.


-----

THE ASSAM GAZETTE, EXTRAORDINARY, MAY 1994 6/9

###### (9) The rights and liabilities of the Gaon Panchayat,
 Anchalik Panchayat or Zilla Parishad which has been dissol­ ved in resr ect of Civil or Criminal proceedings, contracts agreements and other matters or things arising in and relating to any part of the area subject to the authority cf the Gaon Panchayat, Anchalik Panchayat or Zilla Pari- shad re constituted or re-established shall vest in such Gaon Panchayat, Anchalik Panchayat o Zilla Parishad.
r

_f_ (10) Any appointment, notification, notice, tax, order,

###### scheme, licence, permission, rule, regulations or form
 made, issued, imposed or granted by the Gaon Panchayat, Anchalik Panchayat or Zilla Parisbad which has been disosclved in respect of any part of the area subject to the authority of the Gaon Panchayat, Anchalik Panchayat or Zilla Parish ad which Las been reconstituted or re-established shall be deemed to have been made, issued, imposed or granted by such Gaon Panchayit, Archalik Panchayat or
 Zilla Parishad unless and until it is suspended by any
 appointment, notification, notice, order, scheme, licence,
 permission, rule, regulations or form made, issued imposed or granted by such Gaon Panchayat. Anchalik Panchayat
 or Zilla Parishad.

 (11) If any difficulty arises in giving effect to the
 provisions of the preceding sub-scction, the Gcvernment
 ? tnay by order published in the official Gazette, as the
 occasion may require, do anything which appears to it
 necessary to remove the difficulty.

1 2 b T h e

 - inquiry into 0) Government may, at any time for

the affairs ot reason to be recorded, cause an enquiry to be made

###### §y'[,ch]

t[^ ’against any of it> Officers in regard to any Gaon Pan- ]

Govem m entchay. t, Anchalik Panchayat or Zilla Parishad on matters

###### concerning it, or any matters with respect to which the sanction, approval, consent or orders of the Government is required under this Act-

 (2) The Officer holding such inquiry shall have the
 powers of the Civil Courts under the Gode of Civil Pro­ cedure, K08 to take evidence and to compel attendance
 of witnesses and production of documents for the pur­
 pose of inquiry.


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680 THE ASSAM GAZETTE, EXTRAORDINARY, M AY 6, 1994

###### Direction 122. (1) Notwithstanding anything contained in. this
 m Z t ’ Act. it shall be lawful for tl e Government to issue
 directions to any Panchayat in matters relating to State and national policies and such directions shall be bin­
 ding on the Panchayat.

 (2) The Government may—

 (a) cali for any record or register or other document
 in possession or under the control of any Panchayat ;

 (b) require any Panchayat to furnish return, plan, estimate, *-
 statement, accounts or statistics ; and

 (c) require any Panchayat to furnish any information or
 report on any matter connected with such Panchayat.

 wUidrawS °[r ] 1 2 3 - Notwithstanding the transfer of any powers,
 ot?1 powers functions and duties in respect of any matter to a
 f”^ [u]“Cei0D,Pancjiayat under this Act. the Government on a pro-
h

###### Pa™hlyat». posal from the Panchayat in that behalf of where it
 is satisfied that by reason of a change in the nature of the matter such as the conversion of a primary health centre into a secondary heal th centre or conversion of seed multi­ plication farm into an agricultural research farm or a road becoming a part of a higb-way and any other such things, the matter would cease to be a matter in th relevant Panchayat functions list a d it is necessary to with draw from the Pan­ chayat, the powers, functions or duties in respect of sucku
 matter may, by notification in official Gazette withdraw such
 powers, functions and duties with effect from the date speci­
 fied in the notification and make such incidental and con­ sequential orders as may be necessary to provide for matters , including the taking over of the property, rights and liabili­ ties if any, vested in the Panchayat and of the staff if any, which may have bem transferred to the Panchayat as the
 case may be.

 (2) The Government may, by notification in the offi­
 cial Gazette amend or add any activity, programme or scheme
 covered or mentioned under Section—19, Section— 49 and
 Section—90 and on the issue of such notification, the rele­ vant Panchayat functions list shall be deemed to have been amended accordingly. Every such notification shall be placed before the House of State Legislature.


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THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6 1994 681

ZpowerPaofhad 124. (1) If in the opinion of the Zilla Parishad, the

###### Suspending execution of any order or resolution of a Gaon Pan-

eordergc^a ^a t o r a n Y [o r] ^[e r] °f any authority or officer of a
###### etcTof t°he erGaon Panchayat or the doing any thing which is about
 ayaT [PanCh]'t° be done, is improper or is causing or is likely
 to cause injury or annoyance to the public or to

#### i lead to a breach of peace, it may, by order

###### suspend the execution or prohibit the doing thereof.

 (2) When the Zilla Parishad make an order under
 Sub-Section (1) it shall forthwith forward to the Government
 and to the Gaon Panchayat effected thereby, a copy of the order with a statement of reasons for making it, and it shall be in the discretion of the Government to confirm or rescind the order and to direct that it shall continue to be in force with or without modification permanently or for such period as it thinks fit :

 Provided that no order of the Zilla Parishad passed under
 this section shall be confirmed, revised or modified by the government without giving the Gaon Panchayat a reasonable opportunity of showing cause against the said order.

 Dissolution 125. (1) If in the opinion of the Government, a
 ylt.[Pancha]" Gaon Panchayat, Anchalik Panchayat or Zilla Parishad
 exceeds or abuses its powers or is not competent to
 perform or make persistent default in the performance
 of the duties imposed on it under this Act or
 any other law for the time being in force, the Government may, by an order published in the official Gazette dissolve such Gaon Panchayat or Anchalik Panchayat or the Zilla Parishad as the case may be.

 (2) Before publishing an order under Sub-Section (1),
 the government shall communicate to the Gaon Panchayat or the Anchalik Panchayat or the Zilla Parishad, as the case may be, the grounds on which it proposes to do so,
 fixed a reasonable period for The Panchayat concerned to show cause against the proposal and consider its explana­ tion or objection, if any.

 (3) When a Gaon Panchayat or an Anchalik Panchayat
 or a Zilla Parishad is dissolved all the members of the


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###### 682 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994

 Gaon Panchayat or the Anchalik Panchayat or the Zilla Pari- shad shall, from the date specified in the order, vacate their offices as such members.

.... . ; £

###### . . . . . .  V (4) If a Gaon Panchayat or an Anchalik Panchayat or

a Zilla Parishad is dissolved ;

###### (a) all the powers and duties of the Gaon Panchayat
 or Anchalik Panchayat or Zilla Parishad shall during the: period of its dissolution be exercised and performed by such , person or persons as the Government may from time to time appoint in this behalf ;

 (b) all the property vested in the Gaon Panchayat or
 Anchalik Panchayat or Zilla Parishad shall, during the period of dissolution vest in the government and ;

 (c) the persons vacating office on dissolution shall be
 eligible for re-election.

 Preparation 126. (1) Every Gaon Panchayat shall prepare every

of Develop-'year a development plan and submit it to the Anchalik

###### ment plans. p and in such form as may be
a n c hayat before such date

###### prescribed by the District Planning Committee as under Section 3 (1).

 (2) Every Anchalik Panchayat shall prepare every year
 a development plan for its area after including the deve-5 lopment plans of the Gaon Panchayats and submit it to the Zilla Parishad before such date and in such form as may be prescribed by the District Planning Committee as u.-ader Section 3 (1).

 (3) Ev:ry Zilla Parishad shall prepare every year a
 development plan of the district after including the deve­ lopment plans of the Anchalik Panchayats and submit it before such date and such form as may be prescribed by the District Planning Committee,|to the Distict Planning Commi­ ttee, constituted under section 3(1) of this Act.

**Constitution** 12?. (1) The Government shall constitute such

###### otPaachay- Panchayat Election Tribunals as may be necessary,
 Tribunal, on the recommendation of the Higa Court to
 dispose of all direct election petitions challenging


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TltE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994 683

###### elections under this Act. The jurisdiction, powers and
 functions and the headquarters of the Tribunal shall be
 decided by the Government in consultation with the High Court, except as provided in section 10 of this Act.

 Annual Ad- 128. (1) As soon as may be after the first day
 mimstrative f j year and not later than the thirty-
o u iy jn every

Report. A t every year, the Executive Officer
o [j. ] u gUs

###### of the Anchalik Panchayat shall place before the Ancha- lik Panchayat a report of the Anchalik Panchayat during
 > the preceding Panchayat year in such form and with
 * such details as the Government may direct and shall forward
 the report with the resolution of Anchalik Panchayat thereon
 to the Government by the thirtieth of September of every year.
 (2) As soon as may be after the first day of July every
 year, the Chief Executive Officer of the Zilla Parishad shall prepare a report on the Administration of the Zilla Pari­
 shad during the preceding Panchayat year in such form and with such detail as the Government may direct and submit the report to the Zilla Parishad.

 After approval by the Zilla Parishad it shall be sub­
 mitted to Government by the thirtieth of September every year.

 (3) The report submitted to the Government under
 sub-section (2) shall together with a memorandum by the Government reviewing the working of the Zilla Parishad be laid before the State Legislature.

 Bar,to inter- 129. Notwithstanding anything contained in this Act.

fere u ts by

--Courts in

electoral

matters.    -

###### (a) the validity of any law relating to the delimitation
 of constituencies on the allotment of seats to such con­
 stituencies, made under Article 243 of the Constitution of India shall not be called in question in any court.

 (b) no election to any Panchayat shall be called in que-
 \ stion except by an election petition presented within sixty
 days from the date of declaration of election results to the Tribunal constituted under section 127.


-----

###### 130- All the Panchayats existing immediately before
 the commencement of this Act, shall continue till the
 expiration of their duration as under the Assam Panchayati Raj Act, 1986 unless sooner dissolved by a resolution passed to that effect by the Legislative Assembly of the State.

 Repeal of 131. (1) On and from the date on which this Act previoui [Ct] the Assam Panchayati Raj Act, 1986

c o m e s [ j]n t o [ f]o r c e [, ]

###### shall be deemed to be repealed. *

 Provided that—

 (a) till such time when new Rules are framed before *
 the expiry of one year from the coming into force of
 73rd Amendment of the Constitution Act the rules framed
 under 1986 Act, shall remain valid ;

 (b) the said repeal shall not effect the validity or invali­
 dity of anything already done under the said enactment ;

 (c) all rules and bye-laws, notifications, orders, appoint­
 ments made, permissions and sanctions granted, taxes, cess, fees, or rates levied, contract entered into, suits instituted and proceedings taken under the Assam Panchayati Raj Act, 1986 and in force immediately before the commencement of this Act, shall continue to be in force and so far as they
 are not inconsistent with this Act, shall be deemed to have been retrospectively made, granted, levied, entered into, instituted and taken under this Act until new provisions are made under this Act ;

 (d) all assets and liabilities including the funds which
 are vested in erstwhile Gaon Panchayats, Anchalik Panchay^s and Mahkuma Parishads under the provisions of the Assam *
 Panchayati Raj Act, 1986, shall vest in the Dy, Commissioner or
 the Sub-divisional Officer as the case may be and shall be held
 by him in trust until it can be made ovef to the Gaon Pan­ chayats, Anchalik Panchayats and Zilla Parishads constituted under this Act under the jurisdiction of which the
 area of the erstwhile Gaon Panchayat, Anchalik Panchayat and the Mahakuma Parishad is included ;

 (e) notwithstanding the repeal of the Assam Panchayati Raj
 Act, 1986, anyarear of taxes, cess, fees and rates which were levied by the Gaon Panchayats, Anchalik Panchayats, or the


-----

###### Mahkuma Parishads, under provisions of the Assam Panchayati Raj Act, 1986, or any amount of money on account of fine or otherwise which was due to the Gaon Panchayat, Anchalik Panchayat or Mahkuma Parishad under the Assam Panchayati Raj Act, 1986, shall be recovered by the Gaon Panchayat, An­ chalik Panchayat and the Zilla Parishad, as the case may be and credited into the respective Panchayat Fund ;

 (f) any penalty, forfeiture or punishment incurred In
 respect of any offence committed against the said A ct;
 or
 (g) any investigation, legal proceeding or remedy in
 respect of such right, privilege, obligation, liabilities, for­ feiture or punishment aforesaid and any such investigation,
 legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture, or punish­ ment may be imposed as if this Act had not been
 passed.

 (2) When a Gaon Panchayat or Anchalik Panchayat
 or Zilla Parishad is dissolved, all the members of the Gaon Panchayat, Anchalik Panchayat or Zilla Parishad,
 shall from the date of dissolution, vacate their offices as such members; I -• - '
 (3) The persons vacating office on dissolution shall be
 elligible for reelection or reromihation.

Remov*i of 132. If any difficulty arises in giving effect to the

difficulties. p j the Government may take such
r o v is o n s o f this Act,

###### necessary action so long as these are not repugnant to the main objectives and provisions of this Act.

 (a) The State Government may by notification consti­
 tute a standing committee of Legislatures to resolve dis­ putes between the district administration and the Zilla Pari­ shad.

 pro'wtiw °[f] 133. When the provisions of this Act ?re withdr-
 «tc5of pan- awn from any Zilla Parishad or Anchalik Pan-
 on with- ebayat o r Gaon Panchayat area, all the proper-
 drawai of‘ ties, funds and dues, which were vested in such
 Fhelet." °[f] Parishads, Anchalik Panchayats, or Gaon Panchayats,
 ., n..t ni nci ioeb ssod-s in?. itrsvoO


-----

###### 686 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994

 shall be vested in the Dy. Commissioner or the Sub-divi­
 sional Officer as the case may be, who shall make such allocation of the properties as he deems fit with the prior approval of the Government.

**Taking** **of** 134. Every person who is elected to be a mcm-
**Oath.**

###### ber of Zilla Parishad, Anchalik Panchayat or Gaon

r>: F Panchayat shall, before taking his,seat, make Panchayat shall, before taking his seat, make and sub­„in ­

###### scribe before such authority as may be specified by thebefore such authority as may be specified by the f

: 1>

###### State Government in this behalf an oath or affirmation of 1
 his allegience to the Constitution of India at a meeting which shall hereinafter be called the first meeting in the follo­ wing form,

h - r .

###### I, A. B. being a member of th e .......................... Zilla
 Pa riih ad/Anchalik Panchayat/Gaon Panchayat do swear in

**0** the name of God ( or solemnly affirm) that I will bear true

###### faith and allegience to the Constitution of India as by law established and that I will faithfully discharge the duty

3 S 7; upon which I am about to enter.

    - ll

: r . ’i } 7 0 ’ S V .- • J u I                     - ..I/,

5F '     - y ' ■ nr t tL ; j U y '<2! j *0 : J f* j

###### twelnPan’ 135. dispute arises between two or more Pancha-
 *hay"t. .nd yat bodies and local authority or between any two local autho- l?*?1 auth°-rities the matter shall be referred to the Government or to

r,tw ' such authority as the State Government may direct and

###### the decision of the Government or such authority shall
 be final and conclusive.

_■:.x vfirr: ■ Jii.mnse.-Q_ edl joA irfj lo

f.F

-■•"’A zirft 1 ^noicivoM 'brs A'tpitfo _I_

**Augmenta­** 136. AU the measures needed to augment the Consoli­ t
**solidatedtion of Con­dated Fund of the State to supplement the resources of** _tAc_
**Fund of** the Panchayat in the State on the basis of recommendation
**State.stb** made by the State Panchayat Finance Commission, shall be

###### taken by the Government as it may deem fit.

-R f':

###### ■ bnda

 Appeal ■«»>• 137. Any employee under a Panchayat institution or per-
 "VthZ pan-son aggrieved by any order or act of a Panchayat institu-
**ch»y.ti R»i** jon may file an appeal within fifteen days from the date
t

0B* of receipt of such order or performance of such act, to th
e .

###### Government whose decision in this regard shall be final-


-----

THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994 687

Delegation 138. (1) The State Government may delegate any of their

the[P] °JDy[r s] Co- P[Q w ers] under this Act or rules framed thereunder **ex-**

mmissioner, cept where expressly provided to the contrary to any

n“io ffic e ro r Government officer of Gazetted rank.

any other Ga

zetted officer.

###### (2) Except where expressly provided to the contrary,
 the Government may delegate all or any of the powers ef the Deputy Commissioner or the Sub-divisional Officer under this Act or rules framed there under this to any Government Officer of Gazetted rank.

 (3) Except where expressly provided to the contrary,
 the Deputy Commissioner or the Sub-divisional Officer as the case may be, may delegate all or any of their pow­
 ers under this Act or rules framed under this Act to
 any Government officer of Gazetted rank-

 (4) The delegation of power under sub-section (1), (2),
 and (3) shall be an order in writing and such order may be modified or withdrawn at any time.

Powers of 139- Subject to the approval of the Government, every

p -n c K i'^ t Anchalik Panchayat or Gaon Panchayat may, by **subsidiary**
and Gaon rules consistent with this Act and with any rules made

Panehayat to there under, provided for
make Subsi- ’ *

diary Rule*

###### (a) the time and place of its meeting, the business to
 jbe transacted at the meeting, and the manner in which the
 notice of the meeting be given;

                       -
###### (b) the duties, and control of employees working under

 (c) the custody of the common seal and the purpose
 for which it shall be used;

 (d) the division of duties among its members and
 employees ;

 (e) the powers to be exercised by the office bearers
 to whom particular duties have been assigned ;

 (f) the person by whom receipt shall be granted for
 money received under this Act.


-----

###### 688 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994

**S taff Selec-** 140. (i) For Zilla Parishad,Anchalik Panchayat and
**tiaa Board.** Gaon Panchayat Grade-Ill and Grade-IV staff shall be

###### - ot appointed by the Chief Executive Officer of Zilla Parish ad
 on the recommendation of the District Selection Committee of Panchayat and Rural Development Department consti- tuted by the Government in the Panchayat and Rural

,711.11 Development Department.

u-u w

_i f ._ Grade-I and Grade-II officers shall be posted in the

                                           -                                           - -G

J fttG ii Panchayats and Zilla Parishad by the State Government.

.                                                                                                                                - r .

###### (2) The teachers in schools managed by Panchaya™'-
 shall be posted by the officer authorised by the Education
 Department of the State Government on the recommenda­

   - VOq tion of the District Teachers Selection Committee consti­
GJ J J tuted by the Education Department.

**Power** **to** 141. (1) The State Government may make rules for carrying
**make Rule*.** out the purposes and objects of this Act,

/iitH ‘;0 b l _J_ A ** _I ..... -_ _. ,_

###### (2) any rule Framed under sub-section (1) may be given
 retrospective effect.

V l'7 9 t [! 1]

**Repeal and** 142. (1) The Assam Panchayat Ordinance, 1994, is Assam Ordi-
**Saving.**

###### hereby repealed. 1994.

 (2) Notwithstanding such repeal, anything done

0 j • c c m e u d or any action taken under the ordinance

3 d ) ‘ i id so repealed shall be deemed to have been

###### done or taken under the corresponding

# J

###### provisions of this Act as if this Act eame
 T9bf into force on the date on which the said
 ordinance came into force.

380*11 ij ;

«

###### K. LASKAR,
 Secretary to the Govt, of Assam,
 Legislative Department.

13T£ rft yd b

**GUWAHATI — Printed and Published by the Dy. Director (P) Direc­**

**torate of Ptg. and Sty., Assam, Guwahati -21 (Ex-Gazette) No.**
**97 —1005 -5,000—6— 5—1994.**


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