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Assam Panchayat Act, 1994
Preamble.- An act to amend and consolidate laws relating to
Panchayat in Assam.
Whereas it is expedient to amend and consolidate laws relating
to Panchayat in Assam.
It is hereby enacted in the Forty-fifth Year of Republic of
India as follows:-
Act No. XVII Of 1994
Chapter I
1. Short title extent and commencement.-
(i) This Act may be called the Assam Panchayat Act, 1994.
(ii) It shall extend to the whole of Assam in the rural areas
except the Autonomous Districts under the Sixth Schedule of
the Constitution of India and shall exclude any area which
has been or hereinafter may be included in a Municipality
or a Town Committee or Cantonment constituted under the Assam
Municipal Act, 1956 and the Cantonment Act, 1924 respectively
or by any other Act.
(iii) It shall come into force at once.
2. Definition.- In this Act, unless there is anything repugnant
in the subject or context.
(1) "Gaon Sabha" means a body consisting of persons
registered in the electoral roll relating to a village comprised
within the area of "Gaon Panchayat".
(2) "Gaon Panchayat" means a Gaon Panchayat established
under this Act;
(3) "Anchalik Panchayat" means an Anchalik Panchayat
established under this Act;
(4) "Zilla Parishad" means a Zilla Parishad established
under this Act;
(5) "Local Authority" includes Gaon Sabha, Gaon
Panchayat, Anchalik Panchayat, Zilla Parishad,
Municipal Corporation, Municipal Boards and Town Committees.
(6) "Notification" means a notification published
in the
official Gazette;
(7) "Panchayat Raj Bodies" means the Gaon Panchayat,
Anchalik Panchayat and Zilla Parishad;
(8) "Audit" means a person male of female having
completed his or her eighteen years of age;
(9) "Village" means any local area, recorded as
a village in the revenue record of the District in which it
is situated and includes any areas which the State Government
may, by general or special order, declare to be village for
the purpose of this Act;
(10) "Co-operative Society" means a society registered
or deemed to be registered under Assam Co-operative Societies
Act, 1949, or under any Central Act regulating the registration
of Co-operative societies.
(11) "Member" means a member of a Gaon Panchayat
of a Anchalik Panchayat or of a Zilla Parishad;
(12) "Ex-officio Member" means a member who is appointed
to be a member by virtue of his office, and for the purpose
of Gaon Panchayat or Anchalik Panchayat or Zilla Parishad
and may include local members of parliament, local members
of Legislative Assembly, State Government Officials, Representative
of local Co-operative Societies and representative of local
scheduled or non-scheduled banks;
(13) "Co-operated Member" means a person co-operated
to be member of a Gaon Panchayat or Anchalik Panchayat or
Zilla Parishad;
(14) "Schedule Caste" means such caste, race or
tribe or part of or group within such caste race of tribe
as is deemed to be Schedule Caste in relation to the State
of Assam under Article 341 of the Constitution of India;
(15) "Schedule Tribe" means such tribe or tribal
community as is deemed to be Schedule Tribe in relation to
the State 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, 1860;
(17) "Public-Property" means any property belonging
to Government or any local authority;
(18) "District" means a district in a State;
(19) "Bazar, Haat or Market" 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 for human or animal consumption or of livestock
or of other marchandise;
(20) "Carriage" means any wheeled vehicle with springs
or other appliances acting as spring or a kind ordinarily
used for conveyance of human beings and includes bicycles,
tricycles, rickshaws, 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, backney or wheeled vehicle
with or without springs which is not a carriage as denned
in sub-section 20;
(22) "Cattle" include such quadruponds as are included
in the cattle Trespass Act, 1981
(23) The expression "Complaint" and "Offence"
shall have the same meaning as in Section 2 of the Code of
Criminal Procedure, 1973;
(24) "Bye-Law" means bye-law made and approved under
the provision of this Act;
(25) The Expression "Decree Holder" "Judgment"
"Debtor" "Legal representative" and "Moveable
Property" shall have the same meaning as in action 2
of the Code of Civil Procedure, 1988;
(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 be notification appoint.
(27) "House-hold" means a house or houses used by
a family for dwelling purpose (house includes buildings).
(28) "Prescribed" means any prescribed by the State
Government by rules made under this Act;
(29) "Proceedings" means any proceedings specified
under this Act, other than 'case', 'action', or 'suit'.
(30) "Water Course" includes river, stream, channel,
tank, well and aqueduct;
(31) "Surcharge" means an additional charge or payment;
(32) "Development Departments" under the provision
of this Act shall include such departments as may be notified
by the State Government from time to time;
(33) "State Government" means the Government in
the Panchayat and Rural Development Department, Assam;
(34) "President" means a non-official who is elected
as the President of Gaon Panchayat or Anchalik Panchayat or
Zilla Parishad;
(35) "Vice President" means a non-official who is
elected as the Vice-President or Gaon Panchayat or Anchalik
Panchayat or Zilla Parishad;
(36) "Hair-person" means the elected non-official
head, either male or female as the case may be, of Gaon Panchayat
or Anchalik Panchayat or a Zilla Parishad or a District Planning
Committee;
(37) "Block Development Officer" means an officer
who is notified as such for a development block.
(38) "Chief Executive Officer" means the executive
head of the office or Zilla Parishad;
(39) "Executive Officer" means the Block Development
Officer, who shall function as Executive Officer of an Anchalik
Panchayat, the boundary or which is co¬ terminous with
that of the Development Blocks;
(40) "Secretary" means the Secretary of a Gaon Panchayat;
(41) "Deputy Commissioner" means the Deputy Commissioner
of a district so notified by the Government. The term Deputy
Commissioner shall mean and include an Additional Deputy Commissioner
and a Sub-Divisional Officer of an outlying Sub- Division;
(42) "Moral Turpitude" means an act that gravely
violate the moral sentiment or accepted moral standard of
the community or fellowmen;
(43) "Uncertified bankrupt" means bankrufts who
are not granted certificate of discharge from their existing
debt;
(44) "Undischarged insolvent" means insolvent who
are not discharged from future ability for debt then existing.
CHAPTER - II
CONSTITUTION OF DISTRICT PLANNING COMMITTEE
3. Constitution of District Planning Committee.-
(1) The Government shall Constitute in every district a District
Planning Committee to consolidate the plans prepared by Zilla
Parishad, Anchalik Panchayats, Gaon Panchayats, Town Committees,
Municipalities and Municipal Corporations in the district
and to
prepare a draft development plan for the district as a whole.
(2) The District Planning Committee shall consists of: -
(a) The members of the House of people 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 President of the Zilla Parishad;
(d) The Mayor or the Chairperson of the Municipal Corporation/Municipal
Board/Town Committee as the case may be having Jurisdiction
over the Head Quarter of the District.
(e) Such member of persons not less than fourth 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 Parishad, Councillors of Municipal Corporation
or the Municipalities as the case may be, and the members
of the Town Committees in the District on rotation annually
and in propertion to the ratio between the population of the
rural areas and of the urban of the District.
(3) The Deputy Commissioner shall be a permanent invitee of
the Committee as an Ex-officio Member.
(4) The Chief Executive Officer of the Zilla Parishad shall
be the Ex-Officio Secretary of the Committee.
(5) The President of the Zilla Parishad shall be Ex-Officio
Chairman of the District Planning Committee.
(6) The District Planning Committee shall consolidate the
plan prepared by the Zilla Parishad, Anchalik Panchayats and
Gaon Panchayats, Town Committees, Municipalities and Municipal
Corporation in the District and prepare a draft development
plan for the District as a whole.
(7) Every District Planning Committee shall in preparing the
draft development plan.
(a) Have regard to : -
(i) The matter of common 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 integrated development
of infrastructures and environmental conservation;
(ii) The extent and type of available and organizations 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 prescribed by the State Government.
CHAPER III: GAON SHABHA
4. Gaon Sabha.- Subject to the general orders of the Government
: -
(i) The Gaon Sabha shall meet from time to time but a period
of three months shall not intervene between any two meetings;
(ii) The Gaon Sabha shall consist of persons registered in
electoral rolls relating to a village or 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 Panchayat.
(a) The report in respect of Development Programme of the
Gaon Panchayat relating to the proceeding year and development
programme proposed to be undertaken during the current year.
(b) The promotion of unity and harmony among all sections
of society in the village.
(c) Such other matters as may be prescribed.
(d) The Gaon Panchayat shall give due consideration to the
recommendations and suggestions of the Gaon Sabha.
(5) Every meeting of the Gaon Sabha may be presided over by
the President of the concerned Gaon Panchayat and in his absence
by the Vice-President or any persons to be selected by majority
of the Gaon Sabha members for that meeting.
(6) 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 Panchayat and in consultation with the Block Development
Officer concerned provided wide publicity is given fifteen
days ahead of the date for holding the Gaon Sabha meeting.
(7) If the President fails to approve the convening of the
Gaon Sabha, the Secretary of the Gaon Sabha in time in consultation
with the B.D.O. Whenever, Anchalik Panchayat direct for holding
such Gaon Sabha for the purpose for selection of beneficiary
of Rural Development Programmes, the Secretary of the Gaon
Panchayat shall convene the meeting within twenty days time
"from the date of such direction."
(8) Quorum:
(i) The quorum for a meeting of the Gaon Sabha shall be one-tenth
of the total members or one hundred number of voters of the
village/villages whichever is less;
(ii) If at the time of appointment for meeting, a quorum is
not present, the presiding authority shall wait for thirty
minutes and if within such period, there is no quorum, the
presiding authority shall adjourn the meeting to same day
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.
(9) Resolution:
Any resolution to the matter entrusted to the Gaon Sabha under
this Ordiance shall have to be passed by a majority of votes
of the members present.
(10) Functions:
The Gaon Sabha shall 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 implementation
of development schemes pertaining to the villages: -
Provided that in case the Gaon Sabha fails to identify the
beneficiaries within a reasonable time, the Secretary of the
Gaon Panchayat in consultation with the President of the Gaon
Panchayat and the Block Development Officer concerned will
identify the beneficiary including the beneficiaries under
Integrated Rural Development Programme.
Provided further that if the Secretary fails to convene the
Gaon Sabha in time for selection of beneficiaries for Rural
Development Programme, the Block Development Officer shall
convene the Gaon Sabha for such specify purpose:-
(c) Rendering all kinds of assistance in the implementation
of development schemes pertaining to villages and rendering
services in the villages.
(d) The President, Vice-President and the members of the Gaon
Panchayat/Anchalik Panchayat shall not be entitled to any
sitting allowance for attending the Gaon Sabha.
CHAPTER IV: ESTABLISHMENT AND CONSTITUITON OF GAON PANCHAYAT
5. Establishment of Gaon Panchayat.-
(1) The State Government may, by notification, declare any
local area comprising a revenue village or a group of revenue
village or a Forest villager or Tea Garden area or hamlets
forming part of revenue village of Forest village or Tea Garden
area or other such administrative unit or part thereof to
be a Gaon Panchayat with population of its territory not less
than six thousand and not more than ten thousands:-
Provided that, where a group of revenue villages or Forest
villages or Tea Garden areas or hamlets or other such administrative
units or part thereof is declared to be a village, the village
shall be known of as revenue village, hamlet, administrative
unit or part thereof as the case may be, having the largest
population.
"Provided further that the local area of Gaon Panchayats
declared under the provisions of the Assam Panchayat Act,
1994, with a population less in number or more in number than
the population earmarked in this section shall continue to
be valid for purposes of this Act."
(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 case to be a village
and thereupon the local area shall be so excluded from the
limit of the village so altered.
(3) Every Gaon Panchayat shall be a body corporate by the
name of Gaon Panchayat having perpetual succession and 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 be sued.
6. Constitution of Gaon Panchayat.-
(1) The Gaon Panchayat shall consist of :-
(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 at area in the manner prescribed.
(2) For the convenience of election: The 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 section,
the Deputy Commissioner or an officer authorised by the Deputy
Commissioner for this purpose shall call a meeting of the
Gaon Panchayat (which shall be hereinafter called the first
meeting of the Gaon Panchayat) for election of a Vice-President
from amongst the members in the manner prescribed.
7. Duration of Gaon Panchayat.-
Every Gaon Panchayat, save as otherwise provided in this Act,
shall continue for a term of five years from the date appointed
for its first meeting:
Provided that the term of the office fixed under this subsection
shall be held to include any period which may elapse between
the expiration of the said period and the date of the first
meeting of the Gaon Panchayat newly constituted in which a
quorum shall be present when a Gaon Panchayat shall stand
dissolved.
8. Election to constitute Gaon Panchayat.-
(1) The election to constitute a Gaon Panchayat shall be completed:-
(a) Before the expiration of its duration specified in section
(7).
(b) In case of dissolution, before the expiration of a period
of six months from the date of its dissolution.
Provided that where the reminder of the period for which the
dissolve Gaon Panchayat would have continued is less than
six months, it shall not be necessary to hold any election
under this sub-section for constitution the Gaon 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
not been so dissolved,
9. Reservation of seats of Gaon Panchayat.-
(1) In every Gaon Panchayat seats shall be reserved for:-
(a) Scheduled Cast, and
(b) Scheduled Tribes,
and the number of seats so reserved shall bear, as nearly
as may be the same proportion of the total number of seats
to be field up by direct election in that Panchayat as the
population of the Scheduled Castes in that Gaon Panchayat
area or of 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 Panchayat
in such manner as my be prescribed.
(2) Not less than one-third of the total number of seats reserved
under sub-section (1) shall be reserved for women belonging
to the Scheduled Casts or as the case may be, the Scheduled
tribes,
(3) Not less than one-third (including the number of seats
reserved for women belonging to the Scheduled Casts and the
Scheduled Tribes) of the total number of seats to be filled
up by direct election in every Gaon Panehayat shall be reserved
for women and such seats may be allotted by rotation to different
constituencies in the Gaon Panehayat in such manner as may
be prescribed.
(4) The offices of the Chairpersons in the Gaon Panehayat
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 may be the same proportion to the
total number of such offices in the Gaon Panehayat as the
population of the Schedule castes in the district or of the
Scheduled tribes in the district bears to the total population
of the district.
Provided further that not less than one-third of the total
number of offices of Chairpersons in the Gaon Panchayat shall
be reserved for women.
Provided also that the number of offices reserved under this
sub-section shall be allotted by rotation to different Gaon
Panchayats.
10. Election of President and Vice-President of Gaon Panchayat.-
(1) After the election of the President of the Gaon Panchayat
under section 6(l)(b) and the Vice-President under section
6(3) if any vacancy occurs by reason of death, resignation
or removal in the office of the
President or the Vice-President as the case may be, the Gaon
Panchayat shall elect the President under section (6)(l)(b)
or the Vice-President under section 6(3) as the case may be.
Provided that no election shall be held 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 Commissioner shall reserve.
(a) Such number of offices of the President and the Vice-President
of Gaon Panchayats in the district for the Schedule castes
and the Schedule tribes and the number of such offices bearing,
as nearly as may be, the same proportion to the offices in
the district on the population of the Schedule castes in the
district or of the Scheduled tribes in the district bears
to the total population of the districts.
(b) Not less than one-third of the total number of offices
of President and Vice-President of Gaon Panchayat in the district
from each of the categories which are reserved for persons
belonging to the Scheduled castes and 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 Panchayat
in such manner as may be prescribed provided that the principal
of rotation for purpose of reservation of offices under this
section shall commence from the first election to be held
after the commencement 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. Term of office and conditions of service of President
and Vice-President of Gaon Panchayat.
(1) The term of office of every President and every vice-
President shall, save as otherwise provided in this Act, cease
on the expiry of his term of office as a member of Gaon Panchayat.
(2) Allowances and other conditions of service of President
and Vice-President shall be as may be prescribed.
13. Powers, function and duties of President and Vice-President
of Gaon Panchayat.-
(1) The President shall, -
(a) be responsible for convening the meeting of the Gaon Sabha.
(b) be responsible for convening the meeting if the Gaon Panchayat
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 of discharged by
the Gaon Panchayat under this Act or the rules made thereunder.
Provided that the President shall not exercise such powers,
perform 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 may,
by general or special resolution, direct or as the Government
may by rules made in this behalf, 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 rule made in this behalf
by the Government, delegate to him by order in writing:
Provided that the President may at any time withdraw all or
any of the powers, functions and duties so delegated to the
Vice-President
(b) During the absence of the President, exercise all the
powers perform all the functions and discharge all the duties
of the President with the approval of the President of the
Gaon Panchayat.
(c) Exercise such other powers, performs such other functions
and discharge such other duties as the Gaon Panchayat may,
by general or special resolution, direct or as the Government
may, by rules made in this behalf, prescribe.
(d) Exercise all the powers, perform all the functions and
discharge all the duties of the President as provided under
sub-section (1) of section (13) if the President be removed
or die or resigns, till the office of the President is filled
up in the manner as provided under sub-section (l)(b) of section
6.
14. Resignation and Removal of President and Vice-President.-
(1) The President or the Vice-President of Gaon Panchayat
may resign his office by writing under his hand addressed
to the Deputy Commissioner and to the President of the Gaon
Panchayat, as the case may be.
(2) Every resignation under sub-section (1) shall take effect
on the expiry of fifteen days from the date of its receipt
by the authority unless within this period of fifteen days
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 Vice-President shall vacate the office
if he ceases to be member of Gaon Panchayat.
15. No confidence motion against the President and Vice-President.-
(1) Every President or Vice-President shall be deemed to have
vacated his office forthwith when resolution expressing want
of confidence in him is passed by a majority of two-third
of the total number of members of the Gaon Panchayats.
Such a meeting shall be specially convened by the Secretary
of the Gaon Panchayat with approval of the President of the
Gaon Panchayat. Such meeting shall be presided over by the
President if the motion is against the Vice-President and
by the Vice-President if the motion is against the President.
In case such a meeting in not conveyed within a period of
fifteen days from the date of receipt of notice, the Secretary
of the Gaon Panchayat shall within three days, refer the mater
to the President of concerned Anchalik Panchayat, who shall
convene the meeting within seven days from the date of receipt
of the information from the Secretary of the Gaon Panchayat
and preside over such meeting.
In case the President of the Anchalik Panchayat does not
take action as above, within the specified seven days time,
the concerned Gaon Panchayat Secretary shall inform the matter
to the Deputy Commissioner/Sub-Division Officer (Civil) as
the case may be, within three days after the expiry of the
stipulated seven days time and the concerned Deputy Commissioner/Sub-Divisional
Officer (C) shall convene the meeting within seven days from
the date receipt of the information with intimation to the
Zilla Parishad and the Anchalik Panchayat and preside over
the meeting so convened.
Provided that the concerned Deputy Commissioner/Sub-Divisional
Officer (C) as the case may be, in case of his inability to
preside over the meeting, may depute one Gazetted Officer
under him not below the rank of Class-I Gazetted Officer to
preside over such meeting. Provided further that when a no
confidence motion is lost, no such motion shall be allowed
in the next six months.
(2) The requisition for such a special meeting under Sub-Section
(1) shall be signed by not less than one third of the total
number of members of the Gaon Panchayat and shall be delivered
to the President or Vice-President as the case may be, of
the concerned "Gaon Panchayat" with intimation to
the Deputy Commissioner of the District.
(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 Zilla Parishad 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 President or Vice-President
during the remaining term of office either as President or
Vice-President of such Gaon Panchayat.
Provided that 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 Sub-Section
(3) may also be removed from the membership of the Gaon Panchayat
by the Government after giving the member a reasonable opportunity
to furnish his explanation.
(5) If under Sub-Section (1), the members of the Gaon Panchayat
express want of confidence both in the President and Vice-President
of Gaon Panchayat at the same time and issue notices, the
Secretary of the Gaon Panchayat within seven days from the
date of receipt of such notices, shall report the matter to
the President of the concerned Anchalik Panehayat who shall
arrange to convene the meetings within fifteen days from the
date of receipt of the intimation, separately, to consider
the motion against the President first and to consider the
motion against the Vice-President next day and shall preside
over both the meetings. The President of the concerned Anchalik
Panehayat presiding the meetings shall have no vote.
In case the President of the concerned Anchalik Panehayat
does not take action as above, the Secretary of the Gaon Panehayat,
within three days after the expiry of the stipulated fifteen
days time, shall refer the matter to the concerned Deputy
Commissioner or the Sub-Divisional Officer (C) as the case
may be. On receipt of the information the Deputy Commissioner
or Sub-Divisional Officer as the case may be, shall convene
both the meetings in the manner as above within fifteen days
from the date of receipt of the information with intimation
to the concerned Anchalik Panehayat at and Zilla Parishad
and preside over such meetings.
Provided that the concerned Deputy Commissioner or the Sub-Divisional
Officer as the case may be, in case of his inability to preside
over the meetings, may depute a Gazetted Officer not below
the rank of Class-I Gazetted Officer to preside over such
meetings.
Provided further that if it is not possible to hold the meeting
for a situation due to non-attendance of the requisite number
of members in such meeting or meetings as the case may be,
the no confidence motion shall automatically stand cancelled
and motion shall be deemed to have lost, in the event of which
no such motion shall be allowed within the six month.
16. Resignation of members.- A member of a Gaon Panchayat
may resign his membership in writing under his hand addressed
to the President of the Gaon Panchayat.
17. Meeting of the Gaon Panchayat.-
(1) A Gaon Panchayat shall meet for the transaction of business
at least once in two months at the office of the Gaon Panchayat
and at such time as the President may determine.
(2) The President whenever he 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 from the receipt
of such request call, a special meetings.
(3) Seven clear days notice of an ordinary meeting and three
clear days notice of special meeting specifying the place,
date and time of such meeting and the business to be transacted
therein shall be given by the Secretary of the Gaon Panchayat
and fix the notice on the notice-board of the Gaon Panchayat
office.
(4) The Officers to whom notice is given under sub-section
(3) and other Government officers having jurisdiction over
the Gaon Panchayat 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
sub-section (2), the Vice-President or in his absence one
third of the total number of members may call such a meeting
on days not more than fifteen days thereafter and require
the Secretary of the Gaon Panchayat to issue notice to the
members and to take such action as may be necessary to convene
the meeting.
18. Quorum and Procedure.-
(1) The Quorum for a meeting of the Gaon Panchayat shall be
one third of the total number of members.
(2) If at the time appointed for meeting a quorum is not present,
the presiding authority shall wait for thirty 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
from 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
disposed of at the meeting so fixed.
(4) Save as otherwise provided by or under this Act, at every
meeting 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 hands, except in the meeting where
no-confidence motion is discussed where the matter will be
secret ballot.
(6) All questions shall unless otherwise specifically provided,
be decided by a majority of votes the members present. The
President, Vice-President presiding, as the case may be, unless
he refrais from voting shall give his vote before declaring
the number of votes or and against a question and in the case
of equality of votes, he may give his casting vote.
(7) No member of a Gaon Panchayat shall vote on, or take part
in the discussion coining up for consideration at a meeting
of Gaon Panchayat., if the question is one in which apart
from its general application to the public, he has any pecuniary
interest, and if the person presiding has such an interest
he shall not preside over the meeting when such question comes
up for consideration.
(8) 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 be-carried,
he shall not preside at the meeting during such discussion
on vote on or take part in it. Any member of Gaon Panchayat
may be closer to preside at meeting curing its continuance
of such discussion.
19. Functions of Gaon Panchayat.-
Subject to such condition as may be specified by the Government
from time to time, the Gaon Panchayat shall perform the functions
specified below :-
I. GENERAL FUNCITON:
(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 properties.
(5) Organising voluntary labours and contribution for community
works.
(6) Maintenance of essential statistics of villages.
II. AGRICULTURE INCLUDING AGRICULTURE EXTENSION:
(1) Identification and implementation of various Agricultural
Schemes 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 of waste lands.
(3) Development and maintenance of village grazing lands and
preventing unauthorized alienation and use.
III. ANIMAL HUSBANDRY, DIARY DEVELOPMENT AND POULTRY:
(1) Improvement of breed of cattle, poultry and other livestock.
(2) Promotion of diary farming, poultry and piggery
(3) Grassland development.
IV. FISHERIES:
(1) Development of fisheries in the village.
V. SOCIAL AND FARM FORESTRY/MINOR FOREST PRODUCE, FUEL AND
FODDER:
(1) Planning 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) Development of social forestry.
VI. KHADI, VILLAGE AND COTTAGE INDUSTRIES:
(1) Promotion of rural and cottage industries.
(2) Organisation of awareness camps, seminar and training
programme, agricultural and industrial exhibition for the
benefits of the rural people.
VII. RURAL HOUSING:
(1) Distribution of house sites within its jurisdiction.
(2) Maintenance of records relating to the houses, site and
other private/public properties.
VIII. DRINKING WATER:
(1) Construction, repairs and maintenance of drinking water
wells, tanks and ponds and tube wells.
(2) Prevention and control of water pollution.
(3) Maintenance of rural water supply scheme.
IX. ROAD, BUILDING, 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 boats, ferries water ways.
X. RURAL ELECTRIFICATION:
(1) Including and identification of locality for distribution
of electricity, providing for and maintenance of lighting
of public street and other place.
XI. NON-CONVENTIONAL ENERGY SOURCES:
(1) Promotion and development of non-conventional energy sources.
(2) Maintenance of Community Non-conventional energy sources.
(3) Propagation of improved chulhas and other efficient energy
devices.
XII. POVERTY ALLEVIAITON PROGRAMME:
(1) Promotion of public awareness and participation in implementation
of poverty alleviation programme for fuller employment and
creation of productive assets for the community.
(2) Selection of beneficiaries under various Programmes including
IRDP through Gaon Sabha.
(3) Participation in effective implementation of various schemes
and monitoring thereof.
XIII. EDUCATION INCLUDING PRIMARY SCHOOLS:
(1) Promotion of public awareness and participation in primary
and secondary education.
(2) Ensuring full enrolment and attendance in primary schools
and its engagement including the attendance of the primary
school teachers.
XIV. ADULT AND NON-FORMAL EDUCATION:
(1) Promotion of Adult Library.
XV. LIBRARIES:
(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 busing 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 of sale of meat fish and other perishable food
articles.
(4) Participation in programme of human and animal vaccination.
(5) Licensing of eating and entertainment establishment.
(6) Destruction of stray dogs.
(7) Regulation of curing, tanning and dyeing of skins and
hides.
(8) Regulation of offensive and dangerous trades.
(9 Issue of birth and death certificate within the jurisdiction
of the Gaon Panchayat.
XX. WOMEN AND CHID 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 HANDICAPPED AND MENTALLY
RETARDED:
(1) Participation in the implementation of the social welfare
programme, including welfare of the handicapped, mentally
retarded and destitute and distribution of food staff for
social welfare programme.
(2) Selection of beneficiaries and Monitoring of the old age
and widows pension scheme.
XXII. WELFARE OF THE WEAKER SECTIONS AND IN PARTICULAR THE
SCHEDULED CASTES AND SCHEDULED TRIBES:
(1) Promotion of public awareness with regard to welfare of
Scheduled Caste and Scheduled Tribes and other weaker sections.
(2) Participation in the implementation of the specific Programmes
for the welfare of the weaker section.
XXIII. PUBLIC DISTRIBUTION SYSTEM:
(1) Promotion of public awareness with regard to the distribution
of essential commodities.
(2) Monitoring the public distribution system including keep
in 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 DHARAMSALAS AND SIMILAR
INSTITUTION.
XXVI.CONSTRUCTION AND MAINTENANCE OF CATTLE SHEDS, POUNDS
AND CARTSE STANDS.
XXVII.MAINTENANCE OF PUBLIC PARKS AND PLAY GROUNDS.
XXVIII.CONSTRUCTION AND MAINTENANCE OF SLAUGHTER HOUSES.
XXIX.MAINTENANCE AND REGULATION OF MANURE.
XXX. SUCH OTHER FUNCTIONS AS MAY BE ENTRUSTED FROM TIME TO
TIME BY ORDER OF THE GOVT. IN THE DEPTT. OF PANCHAYAT AND
RURAL DEVELOPMENT.
20. Assignment of functions.-
(1) The Government may by notification and subject to such
conditions as may be specified therein.
(a) Transfer to any Gaon Panchayat the management and maintenance
of a forest situated in the Panchayat area.
(b) Make over to the Gaon Panchayat the management of wastelands,
pasture lands or vacant lands belonging to the Government
situated within the Panchayat area.
(c) Provided that when any transfer of the management and
maintenance of a forest is made under clause (a) the Government
shall direct that any amount required for such management
and maintenance or an adequate portion of income from such
forest be placed at the disposal of the Gaon Panchayat.
(2) The Government may by notification modify any functions
assigned in this section..
21. General powers of Gaon Panchayat.- A Gaon Panchayat shall
have powers to do all acts necessary for or incidental to
the carrying out of the function entrusted, assigned or delegated
to it and, in particular and without prejudice to the foregoing
powers, to exercise all powers specify in this Act.
22. Standing Committees.-
(1) Every Gaon Panchayat shall constitute the following Standing
Committees by election from amongst the elected members of
the Gaon Panchayat: -
(i) Development 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, economics, social, cultural
and other interest of Scheduled Castes and Scheduled Tribes
and Backward classes.
(b) Protection of such castes and classes from social injustice
and any form of exploitation.
(c) Welfare of women and children.
(iii) Social welfare committee to perform functions in respect
of education, public health, public works and other functions
of the Gaon Panchayat.
(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 may be. The President of the Gaon Panehayat shall
be Ex-Officio member and chairman of all the three committees.
Provided that the social justice committee shall consist of
one member who is a woman and one member belonging to Scheduled
Caste or Scheduled Tribes as the case may be.
(b) The Gaon Panehayat shall be competent to co- opt to each
committee, the members of Agriculture Field Management Committee,
Mahila Samittee, Yubak Samittee and other
similar bodies recognized by the Government such co-option
should be decided by the Gaon Panehayat by resolution with
majority support.
(c) A representative of Co-operative Societies in the Panehayat
area shall be co-opted to the Development Committee.
Provided that the co-opted members shall have the right to
take part in the deliberation but shall have no right to vote.
(3) The Standing Committees shall perform the functions referred
to above, to the extent the powers are delegated to them by
the Gaon Panchayat.
23. Property & fund of Gaon Panchayat.-
(1) A Gaon Panchayat shall have powers to acquire, hold and
dispose of property and to enter into contract.
Provided that in all cases of acquisition or disposal of immovable
property by the Gaon Panchayat, it shall obtain the approval
of the Government.
(2) All properties, within the local limit of the jurisdiction
of Gaon Panchayat, of the nature hereinafter in this section
specified, other than property maintained by the Central or
State Government or a local authority or any other Gaon Panchayat,
shall vest in and belong to the Gaon Panchayat, and shall
with all other properties of whatsoever nature or kind it
may become vested in the Gaon Panchayat, be under its direction,
management and control, that is to say:
(a) All common properties.
(b) All public streets, including the soil, stones and other
material thereof and all drains, bridges, culverts, trees,
erection, materials, implements and other things provided
for such streets.
(c) All public channels, water courses, springs, tanks, ghats
reservoirs, wells, pipes, pumps and other water works whether
made laid or erected
at the cost of the Gaon Panchayat or otherwise, and all bridges,
buildings, engine, works, materials connected therewith or
pertaining thereto and also any adjacent land (not being private
property) pertaining to any public tank.
Provided that water pipes and water works connected therewith
or pertaining thereto which with the 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 matter deposited on street
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 created by the Gaon Panchayat 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 public 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/ Government from resources other than
Gaon Panchayat fund.
Provided further that if the cost of the construction of the
work had been paid from the Gaon Panchayat fund such work
shall not be excluded from the operation of this Act or any
special section of 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 it local jurisdiction and thereupon
such property shall vest in and come under the control of
the Gaon Panchayat.
24. Gaon Panchayat fund.-
(1) For every Gaon Panchayat there shall be constituted a
Gaon Panchayat at fund bearing the name of the Gaon Panchayat
and there shall be placed to the credit thereof: -
(a) Contribution and grants, if any made by the Central or
the State Government.
(b) Contribution and a 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 of taxes, rates and fees levied
by it.
(e) All receipts in respect of any schools, hospitals, dispensary,
buildings, institutions or works vested in, constructed by
or placed under the control and management of the Gaon Panchayat.
(f) All sums received as gifts or contribution and all income
from any trust or endowment made in favour of the Gaon Panchayat.
(g) Such fines and penalties imposed or realized under the
provision of this Act as may be prescribed.
(h) All other sums received by or on behalf of others Gaon
Panchayat.
(2) Every Gaon Panchayat shall set apart and apply annually
such sum as may be required to meet the cost of its own administration
including payment of wages and purchase of furniture and other
office equipment and stationery articles and to meet the charges
on electricity post and telegraphs, P.O.L. etc and other incidental
charges.
Provided that the total expenditure on establishment shall
not exceed one third of the total expenditure of the Gaon
Panchayat in a year.
(3) Every Gaon Panchayat shall have the powers to spend such
sums as it thinks fit for carrying out the purposes of this
Act.
(4) The Gaon Panchayat fund shall be vested in the Gaon Panchayat
and the balance to the credit of the fund shall be kept in
the custody of the Gaon Panchayat Secretary.
25. Taxation.-
(1) Subject to such rules as may be made in this behalf, a
Gaon Panchayat shall impose yearly:-
(a) Tax on houses and structures within the local limits.
(b) On trades and calling carried on or held within the local
limits of its jurisdiction, a tax on the basis of the total
annual income accrued from such trades and calling.
(2) Subject to such rules as may be made in this behalf, a
Gaon Panchayat shall levy.
(a) Subject to such rules as may be made in this behalf, a
Gaon Panchayat shall levy.
(b) A fee for providing sanitary arrangement at such places
of workshop or pilgrimage fairs and melas within its jurisdiction
as may be specified by the Government.
(c) A water rate, where arrangement for the supply of water
for drinking irrigation or any other purpose is made by the
Gaon Panchayat within its jurisdiction.
(d) A lighting rate, where arrangement for lighting of public
streets and places is made by the Gaon Panchayat at within
its jurisdiction.
(e) A conservancy rate, where arrangement for clearing private
latrines, urinals is made by the Gaon Panchayat at within
its jurisdiction.
(3) Subject to the rules and bye-laws framed in this behalf
a Gaon Panchayat may impose tax on the following:-
(a) Sale of firewood and thatch conservance and slaughter
house.
(b) Private hat, and private fisheries.
(c) Shops, pharmacies, tailoring, laundry, hair cutting saloon,
carpentry works and automobile workshops. T.V., V.C.R., radio
and tape recorder repairing shops.
(d) Cultivable land lying follow for two consecutive years
at a rate not exceeding twenty five paise per bigha for every
year, being payable jointly or severally by the owners of
such land.
(e) A cess or fee on:-
(i) Registration of cattle sold within the local area.
(ii) Licence for starting tea stall, hotel, sweet, meat stall,
restaurants.
(iii) Carts, carriages, bi-cycles, boats and rickshaws of
any kind.
(4) The taxes etc. shall be imposed, assessed and realised
at such time and in such manner as may be prescribed.
(5) Any person aggrieved by assessment levy or imposition
of any tax or fee may appeal to the Anchalik Panchayat, any
person aggrieved by the order of the Anchalik Panchayat, may
appeal
before the Zilla Parishad, whose decision in this regard shall
be final.
(6) The State Government may suspend the levy or imposition
of any tax or fee at any time and rescind such imposition
in consultation with the Zilla Parishad.
(7) Subject to such rule as may be made in this behalf by
a Gaon Panchayat a Gaon Panchayat may levy taxes on a particular
trade or commerce with a view to utilize the fund so collected
for the improvement of the facilities for development of that
particular trade or commerce with the approval of the Anchalik
Panchayat concerned.
26. Financial assistance to Gaon Panchayat.-
(1) Subject to the provision of this section, every Gaon Panchayat
shall be entitled to receive share of Land Revenue and Local
Rates/grants-in-aid as prescribed from the consolidated fund
of the State as
recommended by the State Finance Commission constituted under
section 113 of this Act.
27. (1) Every Gaon Panchayat shall.- at such time and in such
manner as may be prescribed, prepare in each year a budget
of its estimated receipts and disbursement for the following
year and shall submit the budget to the Anchalik Panchayat,
having jurisdiction over the Gaon Panchayat.
(2) The Anchalik Panchayat may within such time as may be
prescribed, either approve the budget or return it to the
Gaon Panchayat for such modification as it may direct. On
such modification being made the budget shall be re-submitted
such time as may be prescribed
for approval of the Anchalik Panchayat.
(3) No expenditure shall be incurred unless the budget is
approved by the Anchalik Panchayat. If the Anchalik Panchayat
fails to convey its approval within the time prescribed for
the purpose, the budget shall be deemed to have been approved
by the Anchalik Panchayat
28. Account of the Gaon Panchayat.-
(1) Accounts of income and expenditure of every Gaon Panchayat
shall be kept in such form and manner as may be prescribed
and the Secretary of the Gaon Panchayat shall be responsible
for maintaining the accounts of the Panchayat properly.
(2) The Secretary of the Gaon Panchayat shall not incur any
expenditure without the approval of the President of the Gaon
Panchayat.
29. Audit.-
(1) The audit of the accounts of the Gaon 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 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 sent
to the Anchalik Panchayat 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 or Panchayat and Rural Development, Assam in regard
to such defects or irregularities as it may wish to furnish.
30. Staff of Gaon Panchayat.-
(1) There shall be a Secretary, and other staff as may be
prescribed by Government in every Gaon Panchayat who shall
be appointed as provided in section - 140(1) and/or deputed
by Government from time to time. In respect of the provincialised
employees, the Director of Panchayat and Rural Development
shall be the appointing authority.
(2) The Secretary shall be in charge of the office of the
Gaon Panchayat and shall perform and exercise all the powers
and duties imposed or conferred upon him by or under this
Act, any rules or by-laws made thereunder.
(3) The salaries etc., of the employees of the Gaon Panchayat
shall be paid in the manner as may be prescribed by the State
Government.
(4) The Gaon Panchayat shall not appoint or engage any person
for any post in the Gaon Panchayat.
(5) Regarding discipline and control, the Secretary shall
act in all matter under the control of the President of the
Gaon Panchayat through whom he shall responsible to the Gaon
Panchayat.
CHAPTER -V
ESTABLISHMENT AND CONSTITUTION OF ANCHALIK PANCHAYAT
31. Establishment of Anchalik Panchayat area of Anchalik Panchayat.-
(1) For each Development Block there shall be an Anchalik
Panchayat having jurisdiction save as otherwise provided in
this Act, over the entire Development Block jurisdiction excluding
such portion of the Block as are included in a Town Committee
and as are included in a Municipality/or under the authority
of Municipal Corporation, a Sanitary Board or Cantonment area
or a notified area constituted under any law for the time
being in force.
Provided that a Block may comprise of such Villages as are
no contiguous or have no common boundaries and are separated
by an area to which this Act does not extend or in which the
remaining section of this Act, have not come into force.
(2) Every Anchalik Panchayat shall be a body corporate by
the name of Anchalik Panchayat 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
vested with the capacity of sueing or being sued in its corporation
are, or acquiring, holding and transferring property, moveable
or immoveable whether will out or within the limits of the
area over which it has authority of entering into contracts
or doing all things necessary proper and expedient for the
purpose for which it is constituted.
32. Constitution of Anchalik Panchayat.-
(1) Every Anchalik Panchayat shall consist of:-
(a) One member from each Gaon Panchayat to be directly elected
from the territorial constituencies of the Gaon Panchayat
under the jurisdiction of the Anchalik Panchayats.
(b) The Presidents of the Gaon Panchayat falling within the
jurisdiction of the Anchalik Panchayats.
(c) The members of the House of people and the members of
the Legislative Assembly of the state representing constituencies
which comprise wholly or partly, the Anchalik Panchayat.
(d) Every member shall have the right to vote whether or not
chosen by direct election in the meetings of the Anchalik
Panchayat.
33. Election of Members.-
(a) One Gaon Panchayat area shall form a constituency for
electing one member directly to the Anchalik Panchayat.
(b) The allotment of seat under sub-section (1) for directly
elected numbers shall be the same throughout the entire state.
34. Reservation of seats.-
(1) Seats shall be reserved in a Anchalik Panchayat for, the
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 Anchalik Panchayat area bears to 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 women belonging
to Scheduled Castes 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
manner as may be prescribed.
35. Duration of Anchalik Panchayat.- Every Anchalik Panchayat
save as otherwise provided in this Act shall continue for
a term of five years from the date appointed for its first
meeting.
36. Election process for Anchalik Panchayat.-
(1) The election to constitute an Anchalik Panchayat shall
be completed.
(a) Before the expiry of its duration specified in section
65
(b) In case of dissolution, before the expiration of a period
of six months from the date of its resolution.
Provided that where the reminder of the period for such which
the dissolved Anchalik Panchayat would have continued, is
less than six months it shall not be necessary to hold any
election under this clause for constituting the Anchalik Panchayat
for such period.
(2) An Anchalik Panchayat constituted upon the dissolution
before the expiration of its duration, shall continue only
for the remainder of the period for which the dissolved Anchalik
Panchayat would have continued under section -35 had it not
been dissolved.
37. Election of President and Vice-President of Anchalik Panchayat.-
(1) The elected members of the Anchalik Panchayat shall elect
strictly from amongst the ^'directly elected" members,
two members as President and Vice President respectively of
the Anchalik Panchayat in a meeting (which shall be called
the first meeting of the Anchalik Panchayat) to be convened
by and prescribed over by the Deputy Commissioner of the 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-I Gazetted Officer.
(2) If there occurs usual vacancy in the office of the President
or the Vice-President the members shall elect another member
from amongst the members as hereinafter provided, as the President
or the Vice-President, as the case may be, in the manner prescribed.
Provided that no election shall be held if the vacancy is
for a period of less than one month.
38. Reservation for the offices of the President and Vice-President
of Anchalik Panchayat.-
(1) There shall be reserved by the Government in the prescribed
manner:-
(a) Such number of offices of the President of Anchalik Panchayat
in the district for the person belonging to the Scheduled
Caste and Scheduled Tribes and the number of such offices
bearing as nearly as may be the same proportion to the total
number of offices in the district as the population of the
Scheduled Castes in the districts or of the Scheduled Tribes
in the district bears to the total population of the district.
(b) Not less than one-third of the total number of offices
of President and Vice-President of the Anchalik Panchayats
in the district for each of the categories reserved for persons
belonging to the Scheduled Castes, Scheduled Tribes and those
which are non-reserved for women.
Provided that the offices reserved under this sub-section
shall be by rotation in different Anchalik Panchayat.
Provided further that the principle of rotation for the purpose
of reservation of offices under this sub-section shall commence
from the first election to be held after the commencement
of the Act.
(2) Save as otherwise provided in this Act, the President
and Vice-President of the Anchalik Panchayat shall hold offices
for the terms of office of the members of the Anchalik Panchayat.
39. Allowances of President and Vice-President and other
members of Anchalik Panchayat.-
(1) The allowances of President and Vice-President and members
of Anchalik Panchayat shall be as may be prescribed.
(2) Every member of the Anchalik Panchayat other than the
President and the Vice-President shall be entitled to receive
sitting allowances as may be prescribed.
40. Powers, function and duties of the President of the
Anchalik Panchayat.- The President shall-
(a) Convene, preside over and conduct meetings of Anchalik
Panchayat.
(b) Discharge all duties imposed and exercise all the powers
conferred on him under this Act, and the rules made thereunder
and perform such functions entrusted to him by the Government
from time to time.
(e) Exercise supervision over the Executive Officer for securing
implementation of the resolutions or decision of the Anchalik
Panchayat or of the Standing Committees which are not inconsistent
with provisions of this Act, or any general or special direction
issued under this Act.
(d) Exercise overall supervision over the financial and executive
administration of the Anchalik Panchayat and place before
the Anchalik Panchayat all questions connected therewith which
shall appear to him require its orders and for this purpose
may call for records of Anchalik Panchayat.
41. Powers, functions and duties of Vice-President of Anchalik
Panchayat.- The Vice-President of an Anchalik Panchayat shall:
-
(a) In the absence of the President, preside at the meeting
of the Anchalik Panchayat.
(b) Exercise such powers and perform such duties of the President
of the Anchalik Panchayat as the President from the time to
time may, subject to the rules made by Government in that
behalf, delegate to him by an order in writing; and
(c) Pending the election of the President or during the absence
of the President from the Panchayat area or by reason of leave
for a period exceeding thirty days, exercise the powers and
perform the duties of the President.
(d) Exercise all the powers and discharge all the duties and
functions of President as provided under sub¬section (a)
to (d) of section 40, if the President be removed and/or dies
or resigns until the office of the President is filled up
in the manner under the provisions of sub-section (1) of section
-37
42. Resignation or removal of the President and Vice-President
of Anchalik Panchayat.-
(1) A member holding the office as President of the Anchalik
Panchayat may resign his office at any time by writing under
his own hand addressed to the Deputy Commissioner of the concerned
district and the Vice-President may resign his office at any
time by writing under his hand addressed to the President
of the Anchalik Panchayat and in absence of the President
to the Deputy Commissioner of the concerned district.
(2) Every President and Vice-President of Anchalik Panchayat
shall vacate office, he if ceases to be a member of the Anchalik
Panchayat.
43. No confidence motion against the President and the Vice-President
of Anchalik Panchayat.-
(1) Every President and Vice-President of the Anchalik Panchayat
shall be deemed to have vacated his office forth with if by
a resolution express want of confidence in him passed by a
majority of two-third of total number of the directly elected
members of the Anchalik Panchayat. Such a meeting shall be
specially convened with the approval of the President of the
Anchalik Panchayat. Such meeting shall be presided over by
the President if the motion is against the President and the
Vice-President if the motion is against the President. In
case such a meeting is not convened by the Anchalik Panchayat
within a period of fifteen days from the date of receipt of
the notice. The Secretary of the Anchalik Panchayat shall
refer the matter to the President of the Zilla Parishad with
intimation to the Deputy Commissioner. The President of the
Zilla Parishad shall then arrange for convening the meeting
within fifteen days from the date of receipt of intimation.
The Zilla Parishad President shall preside over such meeting
but shall have no vote.
(2) (a) In case, the President of the Zilla Parishad does
not convene the meeting within fifteen days from the date
of receipt of intimation, the Ex-Officio Secretary of the
Anehalik Panehayat within three days from the date of expiry
of the date of stipulated fifteen days time shall report to
the concerned Deputy Commissioner or the Sub-Divisional Officer,
as the case may be. On receipt of the information, the Deputy
Commissioner or the Sub-Divisional Officer as the case may
be, shall convene the meeting within fifteen days from the
date of receipt of the information, with intimation to the
Zilla Parishad concerned and also preside over such meeting.
In case of his inability to preside over the meeting, the
Deputy Commissioner or the Sub-Divisional officer, as the
case may be, shall depute an officer under him not below the
rank of Class-1 Gazetted Officer the preside over such meeting.
(b) If, under sub-section (1) of section 43, the members express
want of confidence both in the President and Vice-President
of the Anehalik Panehayat at the same time and issue notices,
the Ex-Officio Secretary of the concerned Anehalik Panehayat
shall report the matter to the President of the concerned
Zilla Parishad within three days from the date of receipt
o the notice who shall arrange to convene the meeting fifteen
days from the date of receipt of the information separately,
to consider the motion against the President first and to
consider the motion against the Vice-President next day and
shall preside over such meeting but shall have no vote.
In case the President of the Zilla Parishad concerned does
not take action as above, the Ex-Officio Secretary of the
Anchalik Panchayat shall refer the matter to the concerned
Deputy Commissioner or the Sub-Divisional Officer, as the
case may be within three days from the date of expiry of the
date of stipulated fifteen days time. On receipt of the information,
the concerned Deputy Commissioner, or the Sub-Divisional Officer,
as the case may be, shall convene both the meetings simultaneously
within three days from the date of receipt of the information
and shall preside over both the meetings.
Provided that the Deputy Commissioner or the Sub-Divisional
Officer, as the case may be, in case of his inability to preside
over the meeting may depute a Class-1 Gazetted Officer under
him to preside over such meeting.
Provided further that if it is not possible to hold the meeting
for a situation due to non-attendance of requisite number
of members in such meeting or meetings as the case may be,
the no-confidence motion automatically stands cancelled and
the motion shall be deemed to have lost, in the event of which
no such notice shall be allowed within the next six month.
(3) The requisition for such a special meeting shall be signed
by not less than one-third of the total members of Anchalik
Panchayat and shall be delivered to the President of the Zilla
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 of the
notice of the meeting.
(4) In 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 same manner as
under sub-section (2) of section-37 a President or a Vice-President
as the case may be:
Provided that such member shall not be eligible for re¬election
as President or Vice-President during the remaining term of
office as members of the Anchalik Panchayat.
(5) Every President or Vice-President of the Anchalik Panchayat
shall after an opportunity is afforded for hearing him, be
removable from his office as President or Vice- President
by the Zilla Parishad with the approval of the Government
for misconduct in the discharge of office duties, for being
persistently remiss in the discharge of his duties and a President
or a Vice-President so removed shall remain in the office
of the member.
(6) A President or a Vice-President removed from his office
under sub-section (5) may also be removed by the Government
from membership of the Anchalik Panchayat.
44. Resignation Anchalik Panchayat.- A member of an Anchalik
Panchayat may resign his membership in writing under this
hand addressed to the President of the Anchalik Panchayat
and his seat shall become vacant immediately.
45. Meeting of the Anchalik Panchayat meeting.
(1) An Anchalik Panchayat shall hold a meeting for the transaction
of business at least once in two months (hereinafter in this
section called the ordinary meeting) and shall subject to
the provisions of the following sub-section, make regulations
not inconsistent with the provision of the Act, or with any
rules made there under with respect to the date, hour, notice
management and adjournment of its meetings and generally with
respect to transaction of business thereto.
(2) Every meeting of the Anchalik Panchayat shall ordinarily
be held at the Head Quarters of the Anchalik Panchayat.
(3) The date of the first meeting of the Anchalik Panchayat,
after the first constitution or
reconstitution, shall be fixed by the Deputy Commissioner
of the district and date of each subsequent ordinary meeting
shall be fixed at the previous meeting of the Anchalik Panchayat,
provided
that the President may for sufficient reasons, after the day
of the meeting to a subsequent date. The President may whenever
he thinks fit, shall, upon the written request of not less
than one-third of the total number of members and on a date
within fifteen days from the receipt of such request, call
a special meeting. Such request shall specify the object for
which the meeting is proposed to be called, 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 Executive Officer to give
notice the members and to take such action as may be necessary
to convene the meetings.
(4) Ten clear days notice of an ordinary meeting and seven
clear days notice of a special meeting specifying the time
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 the written request made
for such meeting.
46. Quorum of Anchalik Panchayat meetings and minutes book
of Anchalik Panchayat.-
(1) One third of the total number of members of the Anchalik
Panchayat shall form a quorum for transaction business at
a meeting of the Anchalik Panchayat. If at the time appointed
for a meeting a 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 no quorum, the person presiding shall
adjourn the meeting to such hour on some future date as he
may fix. He shall similarly adjourn the meeting at any time
after it had begun, if his attention is drawn 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 President
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 members present shall elect one from among themselves
to preside.
(3) All questions shall, unless otherwise specifically provided,
be decided by a majority of votes of the members present and
voting shall be by raising of hands. The Presiding Members,
unless he refrains from voting, shall give vote before declaring
the number of the votes for and against a question and in
case of equality of votes, he may give his casting vote.
(4) No member of an Anchalik Panchayat shall vote on, or take
part in the discussion of, any question coming up for consideration
at a meeting of the Anchalik Panchayat, or any committee,
if the question is one in which apart from its original application
to the public he has any direct precunity interest.
(5) If the person presiding is believed by any member present
at the meeting to have any such precuniary interest in any
matter under discussion, and if a motion to that effect is
carried, he shall not preside at the meeting during such discussion,
or vote on, or take part in it. Any member of the Anchalik
Panchayat may be chosen prescribed over the meeting during
the continuance of such discussion.
(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 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 propose 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 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 proposition
shall be brought forward at such meeting shall be determined
by presiding authority who, in case it is proposed by any
member to give particular proposition, shall 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 adjourned meeting other
than that left un¬disposed at the meeting for which the
adjournment took place.
(8) No resolution of Anchalik Panchayat shall be modified
or cancelled within six months after the passing thereof 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 fulfilling the requirement of
sub¬-section (4) and setting forth fully the resolution
which it is proposed to modify fully or cancel at such meeting
and motion or proposition for the modification or cancellation
of such resolution.
47. Proceeding of Anchalik Panchayat meetings and minutes
book of Anchalik Panchayat.- The proceeding of every meeting
shall be recorded in the minutes book immediately after the
deliberations of the meeting and shall, after being read over
by the presiding authority of the meeting, be signed by him.
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 minute's book.
48. Presence of Government Officer in Anchalik Panchayat meetings.-
The Anchalik Panchayat may require the presence of Government
officers at the meetings. If it appears to an Anchalik Panchayat
that the attendance of any officer of the Government, having
jurisdiction over an area of a district or less than a district
and not working under the Anchalik Panchayat, is desirable
at a meeting of the Anchalik Panchayat, the Executive Officer
shall, by a letter addressed to such officer not less than
fifteen days before the intended meetings, request that officer
to be present at the meeting and the officer shall, unless
prevented by sickness 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.
49. General functions Anchalik Panchayat.-
(1) The General function of the Anchalik Panchayats shall
be-
(a) Preparation of Annual Plans in respect of the schemes
entrusted to it by virtue of the Act and those assigned to
it by the Government of the Zilla Parishad and submission
thereof to the Zilla Parishad within the prescribed time for
integration with the District plan.
(b) Consideration and consolidation of the annual plans of
all Gaon Panchayat 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-operative and irrigation etc.
(b) Maintenance of agricultural seed farms horticultural nurseries.
(c) Storing and distribution of insecticides and pesticides.
(d) Propagation of improved methods of cultivation
(e) Promotion of cultivation and marketing of vegetable, fruits
and flowers.
(f) Training of farmers and extension activities.
(3) Land Improvement and Soil Conservation-
(a) Assisting the Government and Zilla Parishad 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 Parishad in construction
and maintenance of minor irrigation works.
(b) Implementation of individual irrigation works.
(c) Assisting the Government and the Zilla Parishad in the
implementation of schemes of Development of Ground Water Resources
and Watershed Development Programmes.
(5) Poverty Alleviation Programmed.
(a) Planning and supervision of implementation of poverty
alleviation programmes and schemes and providing guidance
thereof.
(6) Animal Husbandry, Dairying and Poultry -
(a) Maintenance of Veterinary and Animal Husbandry Services.
(b) Improvement of breed of cattle, poultry and other livestock.
(c) Promotion of dairy farming, poultry and piggery.
(d) Prevention of epidemics and contagious disease.
(7) Fisheries -
(a) Promotion of fisheries development.
(8) Khadi, Village and Cottage Industries.
(a) Promotion of Rural and Cottage Industries.
(b) Organisation of conference, seminars and training programmes.
(9) Rural Housing.
(a) Implementation of housing scheme and distribution of house
sites in villages.
(10) Drinking Water-
(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) Planning 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, Buildings, 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 of other properties vested in
the Anchalik Panchayat.
(c) Maintenance of boats, ferries and waterways not under
the Government or any other local bodies.
(13) Non-Conventional Energy Sources-
(a) Promotion and development of non-conventional energy sources.
(14) Education, including Primary and Secondary schools,
(a) Promotion of Primary and Secondary Education.
(b) Construction, repairs and maintenance of Primary school
Building.
(c) Promotion of Social Education through Youth Clubs and
Mahila Mandals.
(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 programme.
(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 windows pensions and pensions
of the handicapped.
(22) Welfare of the water section and in particular of the
Scheduled Castes and Scheduled Tribes.
(a) Promotion of welfare of Scheduled Castes, Scheduled Tribes
and other weaker section.
(b) Preventing such castes and classes from social injustice
and exploitation.
(23) Maintenance of Community Assets -
(a) Maintenance of all 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 assists 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
of the Zilla Parishad.
50. General powers of Anchalik Panchayat.- The Anchalik Panchayat
shall have powers to do the all acts 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 specified in this Act.
51. Delegation of powers.- Anchalik Panchayat may, by notification
delegate to the Executive Officer or any other officer, the
posters conferred by or under this Act.
52. Standing Committees Anchalik Panchayat.-
(1) The Anchalik Panchayat shall have the following standing
committees-
(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 Chairman, as may
be specified by the Anchalik
Panchayat, and chosen by the Anchalik Panchayat from amongst
its members.
(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 not exceed one year at a time.
(5) The Executive Officer of the Anchalik Panchayat shall
be the Ex-Officio Secretary of every Standing Committee.
53. Functions of the Standing Committee.-
(1) The General Standing Committee shall perform functions
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, scrutinizing 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¬-operation, small saving
schemes and any other function relating to the development
of Anchalik Panchayat areas.
(3) The Social Justice Committee shall perform functions relating
to: -
(a) Promotion of educational, economic, social, cultural and
other interests of the Scheduled Casts, Scheduled Tribes and
Backward classes.
(b) Protecting them from 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 Scheduled Castes, Scheduled
Tribes, Women and other weaker sections of the society.
(4) The Standing Committees shall perform the functions referred
to above to the extent the powers are delegated to them by
the Anchalik Panchayat.
54. Procedure of Committees.-
(1) The Anchalik Panchayat may frame regulations relating
to selection of members of committees, conduct of business
therein and all other matters relating to them.
(2) The Chairman of every committee shall, in respect of the
work of the committee, be entitled to call for any information,
return, statement, account or report from the office of the
Anchalik Panchayat and to enter in and inspect any immovable
property of the Anchalik Panchayat or works in progress connected
with the works the of the committee.
(3) Each committee shall be entitled to require attendance
at its meetings, any officer of the Anchalik Panchayat who
is connected with the work of the committee. The Ex-Officio
Secretary referred to in sub-section (5) of section-52 shall
under instruction of the committee, issue notices and secure
the attendance of the officer.
55. Power to acquire, hold or dispose of property.-
(1) An Anchalik Panchayat shall have the power to acquire,
hold and dispose of property and to enter into contract:
Provided that in all cases of acquisition or disposal of immovable
property, the Anchalik Panchayat shall obtain the previous
approval of the Government through Zilla Parishad.
(2) All roads, buildings or other works constructed by an
Anchalik Panchayat with its own fund shall vests in it.
(3) The State Government may allocate to an Anchalik Panchayat
any public property situated within its jurisdiction, and
thereupon such property shall vests in and come under the
control of the Anchalik Panchayat.
(4) Where an Anchalik Panchayat requires land to carryout
any of the purpose of this Act, it may negotiate with the
persons having 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 for acquisition of land,
who may, if he is satisfied that the land is required for
a public purpose, take steps where permitted by law to acquire
the land under the provision of the relevant land acquisition
Act, and such land shall on acquisition, vest in the Anchalik
Panchayat.
56. Anchalik Panchayat Fund.-
(1) For every Anchalik Panchayat, there shall be 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 land revenue collected
in the state as may be determined by the Government.
(b) Contribution and grant, if any, 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 Anchalik Panchayat on security of its assets.
(d) All receipts on account of tolls, rates and fees levied
by it.
(e) All receipts in respect of any schools, 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 contribution and all income
from any trust or endowment made in favour of the Anchalik
Panchayat.
(g) Such fines and penalties imposed and realised under the
provisions of this Act, or of the bye-laws made thereunder,
as may be prescribed, and all other sums received by or on
behalf of the Anchalik Panchayat.
(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 offices and employees. The total expenditure
on establishment shall not exceed one-third of the total expenditure
of 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.
(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 orders and cheques for
payment from the Anchalik Panchayat fund shall be signed by
the Executive Officer.
57. Taxes.-
(1) Subject to such maximum rate as the Government may prescribe,
an Anchalik Panchayat may-
(a) Levy rolls on persons, vehicles or animals or any class
of them at any till-bar established by it on any road other
than a katcha road or any bridge vested in it or under its
management.
(b) Levy rolls in respect of any ferry established by it,
or under its management.
(c) Levy a surcharge of land revenue at the rate of 0.02 (tow
paise) per rupee.
(d) Levy a cess or water rate for recovery of cost of minor
irrigation works taken up within the jurisdiction of an Anchalik
Panchayat and such cess as may be necessary for the purpose
of maintenance and repair of such works.
(e) Levy a tax on supply of water and lighting.
(f) Levy a tax on profession trades, calling, manufacture
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 hall, bricks or tile kilns, saw mills,
timber depots, rice mills and trailers, fairs, confectionary
and bakery, private fisheries or vegetable garden used for
commercial purpose.
(2) The taxes etc. shall be imposed, assessed and realized
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. 'The decision
of the Zilla Parishad in this respect shall be final.
(4) State Government may suspend the levy or imposition of
any tax or fee and may at any time rescind such imposition
in consultation with 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 commence with a view to utilise the
fund so collected for improvement of the facilities for development
of that particular trade or commerce with the approval of
the Zilla Parishad.
58. Loan and Sinking fund.-
(1) An Anchalik Panchayat may, subject to the provisions of
any law relating to the raising to loan by local authorities
for the time being 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 the repayment of such loans.
(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.
59. Budget of Anchalik Panchayat.-
(1) Every Anchalik Panchayat shall at such time and in such
manner as may be prescribed, prepare in each year, a budget
of its estimates receipts and disbursement 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 modification 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 Parishad is not received by the Anchalik Panchayat
by 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) The Anchalik Panchayat may prepare in each year a supplementary
estimate providing for any modification of its budget and
may submit to the Zilla Parishad for approval within such
time and in such manner as may prescribed.
60. Accounts of Anchalik Panchayat Auditing.- An Anchalik
Panchayat shall keep such accounts and in such form as may
be prescribed.
61. (1) The audit of the accounts of.- the 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 Director of Panchayat and Rural development, Assam
within one 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 sent 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 and further explanation to the authorities
mentioned herein, in regard to such defects or irregularities
as it may deem fit.
62. Staff of Anchalik Panchayat.-
(1) An Anchalik Panchayat being coterminous to a Development
Block shall have an Executive Officer appointed by Government
who shall be the Ex-Officio Secretary.
Provided that the Block Development Officer or such other
of officer as may be appointed by Government shall hold the
post of the Executive Officer and Secretary of the Anchalik
Panchayat.
(2) The other staff of the Anchalik Panchayat shall be appointed
as provided in section 140 if the Act. In respect of the Provincialised
Panchayat employees working under the Anchalik Panchayat,
the Director of Panchayat and Rural Development shall be the
appointing 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 serve under the Anchalik
Panchayat.
(4) Notwithstanding anything contained in this Act, or any
of the laws for the time being in force, the Government of
the Director of Panchayat and Rural Development, Assam, as
the case may be, shall have the powers to effects transfer
or the concerned offers and the provincialised staff in consultation
with the Zilla Parishad concerned.
63. Powers and functions of the Executive Officer of the Anchalik
Panchayat.-
(1) Save as otherwise expressly provided by or under this
Act, the Executive Officer shall-
(a) Exercise all powers specially imposed or conferred 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.
(c) 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.
(f) Draw and disburse money out of the Anchalik Panchayat
fund, and
(g) Exercise such other posters and discharge such other functions
as may be prescribed.
(h) The Executive Officer shall attend every meeting of the
Anchalik Panchayat and shall have the right to attend the
meetings of the commodities 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, it shall be his duty to
bring the same to the notice of the Anchalik Panchayat.
CHAPTER - VI
ESTABLISHMENT AND CONSTITUTION OF ZILLA PARISHAD
64. Establishment of Zilla Parishad.-
(1) For every district there shall be a Zilla Parishad having
jurisdiction, save as otherwise provided in this Act, over
the entire district excluding such portions of the districts
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 thename
of "_________________________"Zilla Parishad"
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 with the capacity of sueing and being
sued in its corporate name, of acquiring, holding 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,
65. Constitution of Zilla Parishad.-
(1) The Zilla Parishad shall consists of: -
(a) The members directly elected from the territorial constituencies
of the district.
Provided that the State Government may by notification in
the Official Gazette, determine the territorial constituencies
in the district keeping in view the overall population of
the district at a rate of one member for a population of not
less than thirty thousand and that each territorial constituencies
shall elect one member to the Zilla Parishad through direct
election in the manner prescribed:
Provided further that every Legislative Assembly constituency
shall have four territorial constituencies and in case of
a part of the Legislative Assembly constituency with a population
less than thirty thousand falling within the district, then
this part shall form a territorial constituency.
Provided further more that the Legislative Assembly constituency
which has urban population, included in Municipality or a
Municipal Corporation, as the case may be or under the authority
of Town Committee or Sanitary Board or C antonment area or
any notified area deemed to be urban area under any law for
the time being in force, may have less than four territorial
constituency and if the rural population of the Legislative
Assembly constituency is less than thirty thousand, this may
form a territorial constituency.
(ii) The President of the Anchalik Panchayats.
(iii) The Members of the House of people and the Members of
the State Legislative Assembly representing a part or whole
of the district whose constituencies lie within the district.
(2) All the members shall have the right to vote except in
the motion of no confidence in which only the directly elected
members and the members nominated by the Government shall
exercise such rights.
65. Reservation of seats for Scheduled Caste and Scheduled
Tribes.-
(1) Seats shall reserved for the Scheduled Castes and Scheduled
Tribes in every Zilla Parishad and the number of seats shall
bear, as nearly as may be, the same proportion 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.
(2) Reservation of seats for women belonging to Scheduled
Caste and Scheduled Tribes.
Not less than one-third of the total number of seats reserved
under sub-section (1) shall be reserved belonging to the Scheduled
Tribes or as the case may be, the Scheduled Castes.
67. Reservation of seats for women.-
(1) Not less than one-third, including the number of seats
reserved for women belonging to the Scheduled 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 Gazette,
nominate one member from such category.
68. Term of Zilla Parishad.- Every Zilla Parishad except as
provided in the Act, shall continue for a period which shall
not exceed five years from the date of holding the first meeting.
69. Election to dissolved Zilla Parishad.-
(1) Election to constitute the Zilla Parishad shall be completed.
(a) Before the expiry of its duration, as specified in section
68.
(b) In case of dissolution, before the expiration of a 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 Parishad for
such period.
(2) A Zilla Parishad constituted upon dissolution before 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 (1) had it not been dissolved.
70. Election of President and Vice-President of Zilla Parishad.-
(1) When the Zilla Parishad is constituted under section 64,
the Deputy Commissioner shall call a meeting of the Zilla
Parishad (which shall be called the first 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) (ii)"
(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.
Such number of offices of the President and the Vice-President
of the Zilla Parishad shall be reserved, for the persons belonging
to the scheduled Castes and Scheduled Tribes and the number
of such offices bearing as nearly as may be the same proportion
to the total number of offices in the State as the population
of the Scheduled Castes and Scheduled Tribes in the State
bears to the total population of the State, in such manner
as may be prescribed.
(2) Not lees than one-third of the total number of offices
reserved under sub-section (1) shall be reserved for women
belonging to the Scheduled Castes and Scheduled Tribes, as
the case may be.
(3) Not less than one-third (including the number of offices
reserved for women belonging to the Scheduled Caste and Scheduled
Tribes) of the total number of offices of the President and
Vice-President of the Zilla Parishad in the State shall be
reserved for women and such offices may be allotted by rotation
to different Zilla Parishad, in such manner as may be prescribed.
71. Allowances of the President, Vice-President and sitting
fee and allowances of the member.-
(1) The allowances of the President and the Vice-President
shall be as may be prescribed by the Government.
(2) Every member of the Zilla Parishad except the President
and the Vice-President shall be entitled to received, such
sitting fee and allowances as may be prescribed by Government.
72. Registration or President and Vice-President of Zilla
Parishad.-
(1) A member holding the office as President of the Zilla
Parishad may resign his office at any time by writing and
send to it Government through the Deputy 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 Commissioner 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 respect of the President and to the President in respect
of the Vice-President, as the case may be.
(2) Every President or the Vice-President of Zilla Parishad
shall vacate office if he ceases to be a member of Zilla Parishad.
73. No Confidence.-
(1) Every President and every Vice-President of Zilla Parishad
shall be deemed to have vacated his office forthwith if a
resolution expressing want of confidence in him is passed
by a majority of two thirds of the total number of members
elected directly as Zilla Parishad member at a meeting specially
convened for this purpose and presided over by the Vice-President
if the motion is against the President and the President of
the Zilla Parishad shall preside over such meeting if the
motion is against the Vice-President.
(2) If there is no Vice-President, the members present shall
choose one from among them to preside our such meeting.
Provided that one-third of the total number of members shall
sign the notice for such a motion and deliver 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.
Provided further that the Deputy Commissioner shall direct
the chief Executive Officer to convene the meeting within
seven days from the date of receipt of the request of the
members and the Chief Executive Officer shall convene the
meeting within fifteen days from the date of receipt of the
direction. The Deputy Commissioner shall preside over such
meeting. In case of his inability, the Deputy Commissioner
shall depute one of the offices not below the rank of Additional
Deputy Commissioner to preside over such meeting.
If under sub-section (1) the members express want of confidence
both in the President and the Vice-President of the Zilla
Parishad at the same time and issue notices, the Chief Executive
Officer of the Zilla Parishad shall report the matter to the
concerned Deputy Commissioner within three days from the date
of receipt of the notices and the concerned Deputy Commissioner
shall direct the Chief Executive Officer of the Zilla Parishad
to convene the meeting within fifteen days from the date of
receipt of the direction, separately, to consider the motion
against the President first and to consider the motion against
the Vice-President next day and preside over such meetings.
In case of his inability to preside over, the Deputy Commissioner
shall depute one of the officers not below the rank of Add.
Deputy Commissioner under his to preside over such meeting.
Provided also that if it is not possible to hold the meeting
for a situation due to no-attendance of the requisite number
of members in such meeting or meetings as the case may be,
the no confidence motion shall automatically stands cancelled
and the motion shall be deemed to have lost, in the event
of which no such motion shall be allowed within the next six
months.
74. Removal of President and Vice-President of Zilla Parishad.-
(1) Without prejudice to the provision under this Act a President
or a Vice-President or a Vice-President or a member of a Zilla
Parishad may be removed from office by the State Government
for misconduct in the discharge 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 explanation to the State
Government.
(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.
75. Meeting of the Zilla Parishad.- Every Zilla Parishad
shall hold meetings at least once in every three months, at
such time and at such place within the local limits of the
district concerned as the Zilla Parishad may fix at the immediately
proceeding meeting:
Provided that the first meeting of as 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.
76. Quorum of Zilla Parishad meeting.-
(1) One third of the total number of members of the Zilla
Parishad shall form a quorum for transacting business at a
meeting of the Zilla Parishad.
(2) Ten clear days notice of an ordinary meeting 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 is no 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 adjourn meetings no quorum
is required is and the business which would have been brought
before the original meeting shall be transacted.
(4) No resolution of the Zilla Parishad shall be modified
or cancelled within six months after the passing thereof except
by a resolution passed by not less than one half of the total
number of members at an ordinary or special meeting. Any notice
thereof shall be given fulfilling the requirement of sub-section
(2) and setting forth fully the resolution, which is proposed
to modify fully or cancel at such meeting and motion or proposition
for the modification or cancellation of such resolution.
(5) The proceedings of every meeting shall be recorded 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 decision
of the Zilla Parishad shall be reported at the next meeting
of the Zilla Parishad. The minutes book shall at all reasonable
times, be open for inspection by any member of the Zilla Parishad.
The minutes book shall always be kept in the 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, within 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 equity of votes, the President 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.
77. Powers/functions and duties of President and Vice-President
of Zilla Parishad.-
(1) The President shall: -
(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 Chief 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
in this behalf prescribe.
(e) Exercise overall supervision over the financial and executive
administrative of the 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 meeting of
Zilla Parishad.
(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 exceeding 30(thirty) days, exercise the powers
and perform the duties of the President.
78. Presence of Government officers at Zilla Parishad.- If
it appears to a Zilla Parishad that the attendance of any
District Officer of the Government having jurisdiction in
the district is desirable at a meeting of the Zilla Parishad,
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 present at the meeting,
and the officer shall unless prevented 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 Departmental
Subordinate Officer to represent him at the meeting.
79. Functions of Zilla Parishad.- Subject to such conditions
as may be specified by the Government from time to time, the
Zilla Parishad shall perform the functions specified in section
73.
80. Assignment of functions of Zilla Parishad.-
(1) The Government any assign to a Zilla Parishad functions
in relation to any matters to which the executive 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.
81. Standing Committees.- The Zilla Parishad shall have the
following Standing Committees, namely,
(a) General Standing Committee.
(b) Finance and Audit Committee.
(c) Social Justice Committee.
(d) Planning and Development Committee.
82. Chairman of the Standing Committee.-
(1) Each Standing Committee shall consist of such number of
members not exceeding five including the Chairman as specified
by the Zilla Parishad and elected by the members of the Zilla
Parishad from amongst its members whose terms will be one
year at a time.
(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 Committee shall elect the Chairman
from among their members.
(4) No member of the Zilla Parishad shall be eligible 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 Committee and he shall
nominate one of the Deputy Secretaries 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 Committees.
83. Functions of Standing Comniittees.-
(1) The General Standing Committee shall perform functions
relating to the establishment matters and functions relating
to communications buildings, rural housing, village extensions,
and relief against natural calamities, Rural Development Programme
of Government of India and allied matters and all miscellaneous
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 proposal effecting
the finance of the Zilla Parishad and general supervision
of the revenue and expenditure of the Zilla Parishad.
(b) The plan priorities, allocation of outlays to developments,
horizontal and vertical linkages, implementation of guidelines
issued by Government, regular review of planning programmes,
evaluation of important programmes and shall saving schemes.
(3) The Social Justice Committee shall perform functions relating
to-
(a) Promotion of educational, economic, social, cultural 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 to the Scheduled Castes and Scheduled
Tribes, women and other weaker sections of the society.
(4) The Planning and Development Committee shall perform the
following functions -
(a) Be in-charge of all educational activities of the Zilla
Parishad.
(b) Undertake the planning of education in the district within
the framework of the National 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 alied matters.
(f) Agricultural production, animal husbandry, co¬operation,
contour binding and reclamation.
(g) Village and cottage industries.
(h) Promotion of industrial development of the district.
84. Delegation of powers and functions to Standing Committees.-
(1) The Standing Committees shall perform the functions referred
to in sub-sections (1), (2), (3) and (4) of section 83 to
the extent the powers are delegated to them by the Zilla Parishad.
(2) The Committees shall perform, in respect of matters assigned
to them, such additional duties as may be prescribed.
84. Procedure of committees.-
(1) The Zilla Parishad may frame regulations relating to election
of members of committees, conduct of business therein, and
all other matters relating to them.
(2) The Chairman of every committee shall in respect of the
work of than committee be entitled to call for any information,
return, statement or report from the Zilla Parishad and to
enter in and inspect any immovable property of the Zilla Parishad
or any work in progress concerning the committee.
(3) Each committee shall be entitled to require attendance
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.
86. Delegation of powers to Chief Executive Officer and
other Officers.- The Zilla Parishad may be notification delegate
to the Chief Executive Officer or other officers any of the
powers conferred by or under this Act, on the Zilla Parishad.
87. Powers to acquire hold and dispose property.-
(1) A Zilla Parishad shall have the power to acquire, hold
or dispose of property and to enter into contracts:
Provided that in all cases of acquisition of disposal of immovable
property, the Zilla Parishad shall obtain the previous approval
of the Government.
(2) All roads, buildings or other works constructed by a Zilla
Parishad with its own funds shall vest in it.
(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 I and Acquisition Act, and such land
shall, on acquisition, vest in the Zilla Parishad.
88. Power to divert, discontinue or close road.- The Zilla
Parishad may, by notification, turn, divert, discontinue or
permanently close any road, which is under the control and
administration of, or is vested in, the Zilla Parishad.
89. General powers of Zilla Parishad.-
(1) The Zilla Parishad shall have powers to do all acts necessary
for or incident 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 specified
under this Act.
(2) Subject to the general or special orders of the Government,
a Zilla Parishad may-
(a) Incur expenditure on education or medical relief outside
its jurisdiction.
(b) Provide for carrying out any work or measure likely to
promote the health, safety, education, comfort, and convenience,
social or economic or cultural well being of the inhabitants
of the districts.
(c) Contribute association at All India, State or Inter State
Level concerned with the promotion of local self Government
and to exhibition, seminar and conference within the district
related to the activities of Gaon Panchayats, Anchalik Panchayat
and Zilla Parishad, and
(d) Render financial or other assistance to any person for
carrying on in the district any activity, which is related
to any of the functions of the state.
90. Functions and powers of Zilla Parishad.-
(1) It shall be the function of a Zilla Parishad to prepare
plans for economic development and social justice of 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 increase agricultural production
and to popularies the use of improved agricultural implement
and the adoption of improved agricultural 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 horticultural extension
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.
(iii) Development of ground water resources.
(iv) Installation of pumps sets.
(v) Watershed development programme.
(3) Horticulture:
(i) Rural parks and gardens.
(ii) Cultivation on fruits and vegetable.
(iii) Farms.
(4) Statistics:
(i) Publication of statistical and other information relating
to activities of Gaon Panchayats, Anchalik Panchayat and Zilla
Parishad.
(ii) Co-ordination and use of statistics and other information
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 electrification
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 agricultural products.
(8) Social Forestry:
(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 laboratories.
(iii) Breeding farms for cows and pigs.
(iv) Poultry farms, duck farms and goat farms.
(v) Common cold storage facilities for dairying, poultry and
fishery products.
(vi) Fodder development programmes.
(vii) Promotion of dairy farming, poultry and piggery.
(viii) Prevention of epidemics and contagious diseases.
(10) Minor forest produce and Fuel and Fodder:
(i) Promotion of social and farm forestry, fuel plantation
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 community tanks.
(iii) Development of island fisheries.
(iv) Fish curing 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 consumer
demand.
(iv) Organisation of training programme for craftsmen and
artisans.
(v) Liaison 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 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 markets,
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, primary health
centres and dispensaries except Civil Hospital, Medical College
Hospital T.B. Sanitorium, Leprosy Hospitals and Mental Hospitals.
(ii) Implementation of immunisation and vaccination programme.
(iii) Health education activities.
(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 education activities including the establishment
and maintenance of primary and secondary schools.
(ii) Planning of programmes for adult education and library
facilities.
(iii) Extension work of propagation 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 weaker sections:
(i) Extension of educational facilities to the Scheduled Castes,
Scheduled Tribes and Backward Classes by giving scholarships,
stipends, boarding, grants and other grants for the purpose
of books and other accessories.
(ii) Managing hostels for the benefit of Scheduled Castes
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 centres to
train Scheduled Castes and Scheduled Tribes in Cottage and
rural industries.
(v) Managing residential basic schools for Scheduled Castes
and Scheduled Tribes.
(vi) Providing facilities for marketing of goods produce by
members of the Scheduled Castes and Scheduled Tribes.
(vii) Organising co-operative societies of Scheduled Castes
and Scheduled Tribes.
(viii) Other welfare schemes for the uplift and development
of scheduled Castes and Scheduled Tribes.
(18) Poverty alleviation Programme:
(i) Planning supervision, monitoring and implementation of
poverty 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 intercaste 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, untouchability,
alcoholism, expensive marriages, social functions, dowry and
conspicious consumption.
(viii) Encouraging community marriages and inter-caste marriages.
(ix) Vigilance against economic offences such as smuggling,
tax evasion, food adulteration.
(x) Assistance for developing land assigned to landless labourers.
(xi) Identify, free and rehabilitate bonded labourers, (xii)
Organise cultural and recreation activities, (xiii) Encouragement
of sports and games.
(xiv) Give new form and social content to traditional festivals;
and
(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.
(21) In addition, the Zilla Parishad may-
(a) Manage or maintain any works or public utility or any
institution vested in it or under its control and management.
(b) Acquire and maintain village hats and markets.
(c) Make grants to Anchalik Panchayat and Gaon Panchayats.
(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) (f) Examine and sanction the budget estimates of Anchalik
Pnachayat 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 Government
with such power under 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
91. Zilla Parishad Fund.- There shall be for every Zilla Parishad
a fund called the Zilla Parishad fund and the following 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 properties
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 paid into the Zilla Parishad
Fund.
92. Custody and investment of Zilla Parishad Fund.-
(1) The amounts at the credit of the fund shall be held in
a current accounts with the nearest branch of 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 Co-Operative Apex
Bank in the state any surplus fund in the hand which may not
be required for current charges and with like sanction to
invest such fund in securities of the Government 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 very such investment for dispute of such securities with
like sanction.
93. Application of Zilla Parishad Fund and property.-
(1) Subject to the provisions of this Act and the rules made
thereunder and such general or special orders as the 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 accuring
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 conferred or duties are
imposed upon then Zilla Parishad:
Provided that no expenditure shall be incurred out of the
Zilla Parishad Fund unless provision thereof 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 percent of the
funds meant for welfare activities shall be utilised for the
welfare of the Scheduled Cates 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 payments of-
(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 salaries
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 imposed
upon the Zilla Parishad.
(f) With the previous sanction of the Government, for any
other purpose for which the application of such property or
fund is necessary in public interest:
Provided that any amount granted to the Zilla Parishad by
the Government or any person or local authority for any specific
work or purposes shall be applied exclusively for such work
or purposes and in accordance with such instruction as the
Government may specify either generally or specially in this
behalf.
94. Rent and fee.- Save as otherwise provided in this Act
and subject 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 maintained out
of the Zilla Parishad Fund.
95. Taxation.-
(1) Subject to such maximum rate, as the Government 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 -
(i) 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.
(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 water
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 thereof and shall not provide sanitary
arrangement at places of worship or pilgrimage, fairs and
melas within its jurisdiction or levy fee thereof if such
vehicle had 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 provide for exemption from
all or any of the tolls, fees or rates in any class or cases.
96. Budget of Zilla Parishad.-
(1) Every Zilla Parishad shall, at such time in such manner
as may be prescribed, prepare in each year a 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 submission or
re-sub-mission, as the case may be the 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 supplementary
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. Accounts.- A Zilla Parishad shall keep such accounts in
such a manner as may be prescribed by the Government.
98. Audit.-
(1) The audit of the accounts of the Zilla Parishad shall
be carried out by the authority as may be prescribed by theGovernment
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 referred 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 period, supply
any further explanation to the prescribed authority in regard
to such defects or irregularities as it may wish to give.
99. Powers to raise loans and forming of a sinking fund.-
A Zilla Parishad may, with the previous sanction of the Government
and subject to the conditions imposed by it from time to time,
raise load for the execution of any work or for the purpose
of carrying out any of the provisions of this Act and form
a sinking fund of the payment of such loan.
100. Prohibition of expenditure not covered by the budget.-
Except as hereinafter provided, payment of any sum 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: -
(a) Refund of money 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 empowered
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 proceedings,
or claim.
101. Government's power to place other property with Zilla
Parishad.- It shall be lawful for the Government from time
to time to direct, by notification that any, road, bridge,
channel, building or other property, movable or immovable
or which is vested in the Government and which is situated
in the district, shall with the consent of the Zilla Parishad,
and subject to such exceptions and conditions 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 administration 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 under the control of a Zilla Parishad under
sub-section (1) on such terms as the Government may determine.
102. Staff of Zilla Parishad.-
(1) The Government shall appoint an officer 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 Officer
and a Chief Planning Officer for each Zilla Parishad.
(3) The Government shall post from time to time to work under
every Zilla Parishad, such number of other officers of the
State Government (including any officer appointed to such
services from amongst person employed by existing 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 Government or any
other officer or other authority authorised by it in this
behalf shall have powers to effect transfer 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-II and Grade-IV staff including technical staff as
per staffing pattern prescribed by the Government. The Class-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 effects transfer
of the provincialised staff so appointed either within the
district or from one district to another district.
(7) The staff as under sub-clause (4) (a) and (b) in position
in the Mahakuma Parishads comprising the district immediately
prior to the enactment of this Act shall be absorbed in the
Zilla Parishad concerned.
(8) The Government may, from the specified date constitute
such services for each Zilla Parishad as may be prescribed.
103. Functions of the Chief Ex-ecutive and other officers
of the Zilla Parishad.-
(1) Save as otherwise expressly provided by or under this
Act, the chief Executive Officer shall-
(a) Carry out the policies and directions of the Zilla Parishad
and take necessary measures for the speedy execution of all
works and development schemes of Zilla Parishad.
(b) Discharge the duties imposed upon him, by or under this
Act, or the rules and regulations made thereunder.
(c) Supervise works of the officers and officials of the Zilla
Parishad under the General Superintendence of the President
of 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 powers and perform such other
functions as may be 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.
(3) The Chief Accounts Officer shall advise the Zilla Parishad
in matters of financial policy and shall be responsible for
all matters relating to the accounts of the Zilla Parishad
including preparation of annual accounts and the budget.
(4) The Chief Accounts Officer shall ensure that no expenditure
is incurred except under proper sanction and in accordance
with this Act and the rules and regulations thereunder and
shall disallow any expenditure not warranted by the Act or
Rules and Regulations or for which no provision is made in
the budget.
(5) The Chief Planning Officer shall advise the Zilla Parishad
in matters of plan formulation and shall be responsible for
all matters relating to planning of the Zilla Parishad including
the preparation of the plan of economic development and social
justice and annual plan for the district.
104. Right to requisition record.-
(1) Every person in possession of money accounts, records
or other property pertaining to a Gaon Panchayat or Anchalik
Panchayat or Zilla Parishad shall on the requisition in writing
of the Chief Executive Officer for this purpose, forthwith
handover such money, or deliver up such accounts, records
other property to the Chief Executive Officer or the person
authorised in the requisition, to receive the same.
(2) The Chief Executive Officer may also take steps to recovery
any money due by such person in the same manner and subject
to the same provisions as in the relevant Land Revenue Act
for the recovery of the arrear of land revenue from defaulters,
and for the purpose of recovering the accounts, records or
other property, pertaining to the Gaon Panchayat or Zilla
Parishad may issue a search warrant and 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 property pertaining to a Gaon Panchayat or a Anchalik
Panchayat or Zilla Parishad are concealed, shall be bound
to give information of the same to the Chief Executive Officer.
(4) An appeal shall lie from an order of the chief Executive
Officer under this section to the Government.
CHAPTER - VII
SETTLEMENT OF HATS, GHATS, FERRY, ETC., 8B
DISTRIBUTION OF PROCEEDS 8B MAINTENANCE 8B
REGULATION THEREOF
105. Settlement of hats by Anchalik Panchayats.-
(1) All hats within the territorial jurisdiction of Anchalik
Panchayat shall be settled in the manner prescribed for a
period coinciding with and not exceeding one Panchayat financial
year by inviting tenders at the office of the Anchalik Panchayat
by its President.
(2) Detailed procedure for inviting and submission of such
tenders shall be such as may be prescribed.
(3) The powers of examination and final acceptance of such
tenders shall be vested in the Standing Committee referred
to in section 52 (1) (a).
(4) All settlement made under sub-section (3) shall be subject
to the confirmation of the Zilla Parishad.
Provided that in case of any dispute, the Anchalik Panchayat
may refer such case to the Government and the aggrieved party
may appeal to Government whose decision in this regard shall
be final.
(5) Failure to settle any hat for want of adequate value,
the Anchalik Panchayat, as may be decided by the Zilla Parishad,
may be entrusted with the direct management of such hat by
the Anchalik Panchayat.
(6) All scale proceeds to hats shall be deposited in the Anchalik
Panchayat fund and distributed in the manner hereinafter prescribed:
-
(a) An amounts equivalent to twenty percent of the total
scale proceeds of hats, shall be made over to the Zilla Parishad
funds; and
(b) An amount equivalent to forty percent of the sale proceeds
of hats shall be equally distributed to all the Gaon Panchayats
under the Anchalik Panchayat and remaining forty percent retained
in the Anchalik Panchayat Fund:
Provided that amount due if any, on account of annual instalment
for repayment of the loan with interest incurred by the erst-while
Mahakuma Parishad, Anchalik Panchayat and Gaon Panchayat for
improvement of hats falling within the jurisdiction of the
Anchalik Panchayat and Gaon Panchayat concerned shall be paid
out of the forty percent share of sale proceeds of hats made
over to Anchalik Panchayat or Gaon Panchayat as the case may
be.
106. Settlement of Public Ferries and distribution of sale
proceeds thereof.-
(1) All Public Ferries, other than Government ferries within
the territorial jurisdiction of the Anchalik Panchayat shall
be settled in the manner prescribed for a period coinciding
with and not exceeding one Panchayat financial year by inviting
tenders at the office of the Anchalik Panchayat by its President.
(2) Detailed procedures for inviting and submission of such
tenders shall be such as may be prescribed by the Government.
(3) The Powers of examination and final acceptance of such
tenders shall be vested in the Standing committee as under
section 42 (1) (a).
(4) All settlement made under sub-section (3) shall be subject
to the confirmation of the Zilla Parishad.
Provided that incase of any dispute the Anchalik Panchayat
may refer such cases to the Government and the aggrieved party
may appeal to Government whose decision in this regard shall
be final:
Provided that in case of any and when deemed necessary, the
Government may intervene in the matter of a particular settlement
and its decision in this regard shall be final:
Provided further that the State Government may issue order
to Anchalik Panchayat for the settlement of a public ferry
falling within the jurisdiction of more than one Anchalik
Panchayat or Zilla Parishad.
(5) All sale proceeds of public ferry shall be deposited in
the Anchalik Panchayat Fund and thereafter the proceeds of
inter Anchalik Panchayat public ferry, if there any, shall
be equitably distributed to the Anchalik Panchayat concerned
and thereafter the proceeds remaining in an Anchalik Panchayat
Fund shall be distributed in the manner hereinafter provided:
(a) An amount equivalent to twenty percent of the sale proceeds
of public ferry shall be made over to the Zilla Parishad Fund.
(b) An amount equivalent to ferry percent of the sale proceeds
of public ferries shall be retained in the Anchalik Panchayat
Fund:
Provided that the Anchalik Panchayat shall meet all expenses,
if there be any, for maintenance and improvement of the public
ferries from out of the forty percent share of sale proceeds
of public ferries received by it:
Provided further that if any Anchalik Panchayat fails to make
improvement of or neglect to maintain the portion of the inter-Anchalik
Panchayat Public ferry falling within the jurisdiction of
the Anchalik Panchayat such expenditure incurred for maintenance
and improvement shall be deducted from the share of the defaulting
Anchalik Panchayat.
(c) An amount equivalent to forty percent of the sale proceeds
of public ferries shall be equally distributed among all the
Gaon Panchayats falling within the jurisdiction of the Anchalik
Panchayat
(5) The sale of all public ferries falling within two or more
Anchalik Panchayats shall be conducted by the Anchalik Panchayats
by rotation every year. In case of dispute between two Anchalik
Panchayats the matter shall be referred to the Zilla Parishad/
Government, whose decision shall be final.
107. Settlement of Private hat, ghat and fisheries etc. by
the Gaon Panchayat.- The powers of settlement of private hats,
ghats and fisheries etc. under the justification of the Gaon
Panchayat shall be vested in the Standing Committee as under
sub-section (1) (i) section 2.
108. Transfer of Government in fisheries to the Gaon
Panchayat and Anchalik Panchayat.-
(1) Notwithstanding anything in any law for the time being
in force, the State Government shall transfer such Government
Fishery which has fetched an income of rupees twenty -five
thousand or less in a year to the Gaon Panchayat within the
justification of which the fishery is situated:
Provided that a transfer under this sub-section shall be given
effect from the next following year of such income.
(2) The Government shall transfer Government Fisheries whose
annual sale value is more than rupees twenty-five thousand
and less than rupees one lakh with power of their control
and administration to the Anchalik Panchayat within the jurisdiction
of which such fisheries are situated.
109. Settlement of Fisheries and of proceeds thereof.-
(1) Save as otherwise provided in this Act or rules frame
thereunder, all fisheries of an Anchalik Panchayat shall be
settled by the Anchalik Panchayat in the manner prescribed
for a period coinciding with or not exceeding one Panchayat
financial year by inviting tender at the office of the Anchalik
Panchayat by its President.
(2) Detailed procedure for inviting and submission of such
tenders shall be such as may be prescribed.
(3) The powers of examination and final acceptance of such
tenders 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 that in case of any dispute, the Anchalik Panchayat
may refer such cases to the Government and the aggrieved party
may appeal before Government whose decision in this regard
shall be final:
Provided further that as and when deemed necessary, the Government
may intervene in the matter of a particular settlement and
its decision in this regard shall be final.
(5) All sale proceeds of public fisheries shall be deposited
in the Anchalik Panchayat fund and shall be distributed in
the manner hereinafter provided.
(a) Twenty percent of the total sale proceeds of the Anchalik
Panchayat fisheries shall be made over to the Zilla Parishad
fund.
(b) Forty percent of the total sale proceeds of the Anchalik
Panchayat fisheries shall be retained with the Anchalik Panchayat
Fund.
(c) Forty percent of the total sale proceeds of the Anchalik
Panchayat fisheries shall be distributed equally among the
Gaon Panchayats falling within the jurisdiction of the Anchalik
Panchayat.
(6) The hats, ferries and fisheries falling under any Anchalik
Panchayat within the jurisdiction of Zilla Parishad, the yearly
sale value of which is more than rupees one lakh shall be
settled by the Zilla Parishad concerned for a period coinciding
with not exceeding one Panchayat Financial year as under sections
105, 106 and 109 in the manner prescribed. The powers of examination
and final acceptance of such tenders shall be vested in the
Standing Committee as under section 81 (1) (a). The distribution
of sale proceeds shall be the manner as prescribed in the
foregoing section.
110. Hats situated in the area excluded from a Gaon Panchayat
and included in Town Committees or Municipality.-
(1) Notwithstanding anything contained in the Assam Municipal
Act, 1956 the sale proceeds of any hat situated in the area
which has been excluded after commencement of this Act from
the territorial jurisdiction of the Gaon Panchayat and included
in the territorial jurisdiction of the Town Committee or Municipality,
shall be equally apportioned by the State Government for three
succeeding years following the year of such transfer of the
area.
(2) For any loan incurred by a local authority for improvement
of a hat situated in the area which has been excluded from
the territorial jurisdiction of town Committee or Municipality,
the liability or repayment of such loan with interest, shall
be transferred to such Town Committee or Municipality, under
order of the Government.
CHAPTER VIII
DISQUALIFICATION OF THE PRESIDENT, VICE-PRESIDENT 8B
MEMBER OF ZILLA PARISHAD, ANCHALICK PANCHAYAT
AND GAON PANCHAYAT
111. Disqualification.- No person shall be elected or co-opted
and remain as President, Vice-President or Member of Zilla
Parishad, Anchalik Panchayat and Gaon Panchayat, if he or
she: -
(a) Has been convicted of an office involving moral turpitude
or ordered to give security for good behaviour under section
110 of the Code of Criminal Procedure, 1973, unless a period
of four years has lapsed on the date fixed for holding election
from the date of his release in case of a sentence or imprisonment
and in case of sentence other than imprisonment from the date
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 undischarged
insolvent.
(d) Has been proclaimed a tour under the Legal Practitioners
Acts; or
(e) Holds any service of profit under Government (or any educational
institution recognised and receiving grant from the Government
or holds remunerated office under Zilla Parishad, Anchalik
Panchayat and Gaon Panchayat or holds any contract under any
of the aforesaid bodies or under the Government; or
(f) Has been during the fore 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 Representation of People Act, 1951 or has been found
by a competent authority to have resorted to corrupt practice
resulting in setting aside of his election to any local body
or to any legislature in India; or
(g) Has been defaulter of payment of any rate, tax, cess or
fee imposed under the provisions of this Act and the Rules
framed thereunder or of any loan of co-operative society.
(h) If any question arises as to whether a member of Panchayat
body at any level 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.
(i) If a person who is chosen as a member of a Panchayat
at is or becomes member of the House of the People, the State
Legislative Assembly or is or becomes a Municipal Councillor
or a Councillor of a Municipal Corporation or a member of
a Town Committee, then within fifteen days from the date of
commencement of the term or office of a member of the House
of people, the State Legislative Assembly or of a Municipal
Corporation or Councillor of Municipality or member of Town
Committee, his seat in the Panchayat shall become vacant unless
he has previously resigned his seat in the House of People,
the State Legislative Assembly of the Municipality or the
Municipal Corporation or the town committee as the case may
be.
(j) No person shall be disqualified on the ground that he
is less than twenty five years of age, if he has attained
the age of twenty one years.
CHAPTER IX
GENERAL POWERS OF INSTITUTION SUPERVISION AND CONTROL OF STATE
GOVERNMENT.
112. General powers of Government.-
(1) The officers as are empowered by the Government in this
behalf shall have general powers of inspection, supervision,
over the performance of the administrative duties of a Zilla
Parishad, Anchalik Panchayat or Gaon Panchayat and without
prejudice to the generality of he foregoing powers may: -
(a) Enter into and inspect any immovable property in the occupation
or control or any work in progress under the direction of
a Zilla Parishad, Anchalik Panchayat or Gaon Panchayat.
(b) Call for and inspect any document which may, for the purpose
of this Act, be in the possession or control of a Zilla Parishad,
Anchalik Panchayat or Gaon Panchayat.
(c) Require, by an order, in writing a Zilla Parishad, Anchalik
Panchayat or Gaon Panchayat to furnish such statements, accounts
report, proceedings as they think it.
(d) Give such a vice writing in respect of the aim is native
works, duties and proceeding as they think necessary, also
are all proceedings of a Zilla Parishad, Anchalik Panchayat
or Gaon
Panchayat are in conformity with law and annual any proceedings
which is considered not to be in conformity with law and may
do all things necessary to secure such conformity.
(e) Institute an enquiry in respect of any matter relating
to a Zilla Parishad, Anchalik Panchayat or Gaon Panchayat
and ractify and act or omission.
CHAPTER -X
CONSTITUTION OF FINANCE COMMISSION AND STATE ELECTION COMMISSION
FOR PANCHAYAT BODIES.
113. Finance Commission.- The State Government shall as soon
as may be, within one year from the date of commencement of
the constitution (seventy-third amendment) Act, 1992 and thereafter
at the expiration of every fifth year constitute a Finance
Commission to review the financial position of the Panchayats
and to make recommendations to the Government as to -
(a) The principles, which should govern -
(i) The distribution between the State and the Panchayat net
proceeds of the taxes, duties, tolls and fees leviable by
the State which may be divided between them and allocation
between Panchayats at all levels of their respective sale
of such proceeds.
(ii) The determination of the taxes, duties, tolls and feeds,
which may be assigned to or appropriated by the Panchayats.
(iii) The Grants-in-aid to the Panchayats from the consolidated
fund of the State.
(b) The measures needed to improve the financial position
of the Zilla Parishads, Anchalik Panchayats and Gaon Panchayats.
(c) Any other matter referred to the Finance Commission by
the Governor in the interest of sound finance of the Panchayats.
(d) The Financial Commission shall consists of a Chairman
and two other members to be appointed by the Governor.
(3) The Chairman and the members of the Finance Commission
shall possess such qualification and shall be appointed in
such manner as may be prescribed by Government.
(4) The Finance Commission shall determine its procedures.
(5) The Chairman or a member of the Finance Commission may
resign his office by writing under his hand and addressed
to the Chief Secretary to the Government of Assam, but he
shall continue in his office until his resignation is accepted
by the 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 he has appointed
would have held office.
(7) The Commission shall have the following powers in the
performance of its functions namely -
(a) To call for any record from any office 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 recommendation
made by the Finance Commission under this section together
with an explanatory memorandum as to the action taken to be
laid before the House of the State Legislative.
114. State Panchayats Election Commission.-
(1) The Superintendence, direction and control of the preparation
of election roll for, and the conduct of all election to the
Panchayats shall be vested in a State Election Commission
consisting of a State Election Commission to be appointed
by the Governor.
(2) The condition of service and tenure of the State Panchayats
Election Commission shall be such as the Governor may by rule
determine, provided that the State Election Commissioner shall
not be removed from his office 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 shall
not varied to his disadvantage after his appointment.
(3) The Government shall when so requested by the State Election
Commissioner, make available to the State Election Commissioner
such staff as may be necessary for the discharge of the functions
conferred on the State Panchayat Election Commission under
this Act.
(4) The Returning Officers, Assistant Returning Officers,
Presiding Officers, Polling Officers, and any other officers
appointed under this Act or any Police Officers designated
for the time being by the State Government for the conducts
of the Panchayats Election shall be deemed to on deputation
to the State Election Commission for the period commencing
on and from the date of notification calling for Panchayat
Election and ending with the date of declaration of the results
of the election and accordingly such officers shall during
that period be subject to the control, Superintendence and
discipline of the State Election Commission.
(5) 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 Panchayats.
CHAPTER -XI
MISCELLANEOUS
115. Powers over decision of Committees.- Every Panchayat
shall have powers to revise or modify any decision taken by
any of its Committees.
116. Powers of Gaon.-
(1) A Gaon Panchayat may, subject to the provisions of the
Act and the rules made thereunder and with the previous sanction
of the Zilla Parishad, make bye-laws to carry out the purposes
of this Act in so far as it relates to its powers and duties.
(2) In particular and without prejudice to the generality
of the forgoing power, a Gaon Panchayat may make such bye-laws
as may be required to discharge the function and duties entrusted
to under section 19.
(3) In making any bye-laws under sub section (1) and (2) the
Gaon Panchayat may provide that a contravention thereof shall
be punishable with such fine as may be prescribed.
(4) Any such bye-laws may also provide that a person contravening
the same, shall be required to remedy so far as it lies in
his power, the mischief, if any, caused by such contravention.
(5) All bye-laws made under this section shall be subject
to the condition or previous publication and such publication
shall be made in such manner as may be prescribed.
117. Power of Anchalik Panchayat to make regulations.-
(1) An Anchalik Panchayat may, subject to the provisions of
this Act and the rules made thereunder and with the previous
sanction of the Government, by notification, make regulations
to carry out the purpose 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.
118. Power of Zilla Parishad to make regulations.-
(1) A Zilla Parishad may subject to the provisions of this
Act and the rules made thereunder and with the previous 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.
119. Power of Government to make model regulations.-
(1) The Government may subject to the provisions of this Act,
the rules made thereunder and after previous publication of
the draft for not less than one month, make model regulations
and bye-laws for Gaon Panchayat, Anchalik Panchayats and Zilla
Parishad.
(2) A Gaon Panchayat, Anchalik Panchayat or Zilla Parishad
may, by resolution adopt the model bye-laws or regulations
as the case may be made under sub section (1), and such bye-laws
and regulations shall come into force within the jurisdiction
of the Gaon Panchayat, Anchalik Panchayat or Zilla Parishad
from such date as the Gaon Panchayat, Anchalik Panchayat or
Zilla Parishad, as the case may be specify in a published
in the prescribed manner.
120. Powers of Government to dissolve and reconstitute Panchayat
the alteration of limits of Panchayat area.-
(1) When on account of the reason that the limits of a Panchayat
area is altered, the Government may by order published in
the Official Gazette dissolved such Panchayat, from a date,
specified in the order and direct that Gaon Panchayat, Anchalik
Panchayat or Zilla Parishad concerned.
(i) By reconstitute for the Panchayat area of which the Gaon
Panchayat, or of which the Anchalik Panchayat or the district
of which the Zilla Parishad has been dissolved; or
(ii) Be established for a Panchayat area, block or which has
been newly reconstituted.
(2) The member of the Gaon Panchayat Anchalik Panchayat or
Zilla Parishad which has been dissolved under sub section
(1) shall vacate their office from the date of specified in
the order of the Government.
(3) The Gaon Panchayat, Anchalik Panchayat or Zilla Parishad
reconstituted 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 members of the Gaon Panchayat,
Anchalik Panchayat or Zilla Parishad which has been dissolved
under sub section (1).
(4) The Chairperson of the of Gaon Panchayat, Anchalik Panchayat
or Zilla Parishad shall be elected in the manner provided
in this Act.
(5) The term of the Gaon Panchayat, Anchalik Panchayat or
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 Panchayat, 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
Gaon Panchayat, Anchalik Panchayat or Zilla Parishad would
have continued is less than six months, is shall not be necessary
to hold an election under this section for constituting a
Gaon Panchayat Anchalik Panchayat or Zilla Parishad for such
period.
(7) A Gaon Panchayat, Anchalik Panchayat or Zilla Parishad
Constituted under sub section (6) shall continue only for
the reminder of the period for which the dissolved Gaon Panchayat,
Anchalik Panchayats or Zilla Parishad would have continued
had it not been dissolved.
(8) When a Gaon Panchayat, Anchalik Panchayats Or Zilla Parishad
has been dissolved and reconstituted or re¬ established
under this section so much of the ed Gaon Panchayat, Anchalik
Panchayat or Zilla Parishad fund and other property vested
in the ed Gaon Panchayat, Anchalik Panchayats or Zilla Parishad
which has been
dissolved shall vest that and such portion of the debts and
obligations shall be transferred to the Gaon Panchayat, Anchalik
Panchayats or Zilla Parishad reconstituted or re- established
under this section as the Government may by order in writing
direct.
(9) The rights and liabilities of the Gaon Panchayat, Anchalik
Panchayats or Zilla Parishad which has been dissolved in respect
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 of the Gaon Panchayat,
Anchalik Panchayat or Zilla Parishad re-constituted or Re¬-established
shall vest in such Gaon Panchayat, Anchalik Panchayats or
Zilla Parishad.
(10) Any appointment notification, notice, tax, order, scheme,
licence, permission, rule, regulations or form made, imposed
or granted by the Gaon Panchayat, Anchalik Panchayat or Zilla
Parishad which has been dissolved in respect of any part of
the area subject to the authority of the Gaon Panchayat, Anchalik
Panchayat or Zilla Parishad which has been reconstituted or
re-established shall be deemed to have been made, issued,
imposed or granted by such ed Gaon Panchayat, Anchalik Panchayat
or Zilla Parishad unless and unit 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 effect to the provisions
of the proceedings sub-section the Government may by order
published in the official Gazette, as the occasion may require,
do anything which appears to it necessary to remove the difficulty.
121. Enquiry into the affairs of the Panchayats by the Government.-
(1) The Government may, at any time for reason to be recorded,
cause an enquiry to be made against any of its officers in
regard to any Gaon Panchayat, Anchalik Panchayat or Zilla
Parishad on matters concerning it, or any matter with respect
to which the sanction, approval, consert or orders of the
Government is required under this Act.
(2) The officer holding such enquiry shall have the powers
of the Civil Courts under the Code of Civil Procedure, 1908
to take evidence and to compel attendance of witnesses and
production of documents for the purpose of enquiry.
122. Direction from Government.-
(1) Notwithstanding anything contained in this Act, it shall
be lawful for the Government to issue directions to any Panchayat
in matters relating to state and national policies and such
directions shall be binding on the Panchayat.
(2) The Government may -
(a) Call 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.
123. Restriction or withdrawal of powers and function from
the Panchayats.-
(1) Notwithstanding the transfer of any powers, functions
and duties in respect of any matter to a Panchayat under this
Act, the Government on a proposal 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 health centre or conversion
seed multiplication farm into an agricultural research farm
or a road becoming a part of a highway and any other such
things, the matter would cease to be a matter in the relevant
Panchayat functions list and it is necessary to withdraw such
powers, functions or duties in respect of such matter may,
by notification in official Gazette withdraw such powers,
functions and duties with effect from the date specified in
the notification and make such incidental and consequential
orders as may be necessary to provide for matters including
the taking over of the property, rights and liabilities if
any, vested in the Panchayat and of the staff if any, which
may have been transferred to the Panchayat as the case may
be.
(2) The Government may, by notification in the official 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 relevant Panchayat
functions list shall be deemed to have been amended accordingly.
Every such notification shall be placed before the House of
State Legislative.
124. Zilla Parishad power of suspending and executing power,
order etc. of the Gaon Panchayat.-
(1) If in the opinion of the Zilla Parishad, the execution
of any order or resolution of a Gaon Panchayat or any order
of any authority or officer of a Gaon Panchayat or the doing
anything which is about to be done, is improper or is causing
or is likely to cause injury or annoyance to the public or
to lead to a breach of peach, 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
direction 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.
125. Dissolution of Panchayat.-
(1) If in the opinion of the Government, a Gaon Panchayat,
Anchalik Panchayat or Zilla Parishad exceed; or abuses its
power 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 explanation or objection, if any.
(3) When a Gaon Panchayat or an Anchalik Panchayat or a Zilla
Parishad is dissolved all the members of the Gaon Panchayat
or the Anchalik Panchayat or the Zilla Parishad shall, from
the date specified in the order vacate their offices as such
members.
(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 dissolved
vest in the Government; and
(c) The person vacating office on the dissolution shall be
eligible for re-election.
126. Preparation of Development plans.-
(1) Every Gaon Panchayat shall prepare every year a development
plan and submit it to the Anchalik Panchayat before such date
and in such from as may be prescribed by the District Planning
Commission as under section 3(1).
(2) Every Anchalik Panchayat Shall prepare every year development
plan for its area after including the development plans of
the Gaon Panchayat and submit it to the Zilla Parishad before
such date and in such from as may be prescribed by the District
Planning Committee as under section 3(1).
(3) Every Zilla Parishad shall prepare every year a development
plan of the district after including the development plans
of the Anchalik Panchayat and submit it before such date and
such form as may be
prescribed by the District Planning Committee, to District
Planning Committee, constituted under section 3 (1) of this
Act.
127. Constitution of Panchayat Election Tribunal.-
(1) The Government shall constitute such Panchayat Election
Tribunals as may be necessary on the recommendation of the
High Court to dispose of all direct election petitions challenging
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, as provided
in section 10 of this Act.
127A.Any person who in.- connection with Panchayat Election
promotes or attemps to promote on () of religion, race, caste,
community or language feeling of enmity or hatred between
different classes shall be punishable with imprisonment for
a term which may extend to three years or with fine to the
extent of one thousand rupees or with both.
An offence punishable under section this shall be cognizable
and bailable.
127B. Prohibition of public meeting on the day proceeding
the election day and on the election day.- Any person who
convenes, holds or attend any public meeting in any polling
area during the period of forty eight hours ending with the
hour fixed for the conclusion of the poll for Panchayat election
in the polling area shall be punishable with fine which may
extend to two hundred and fifty rupees.
An offence punishable under this section shall be cognizable
and bailable.
127C. Disturbances at election meeting.- Any person who at
a public meeting of principal character held lawfully between
the date fixed ending election canvases, acts or incites other
to act in a orderly manner for the purpose of preventing the
transfer of the business for the meeting was called shall
be punishable with imprisonment for a term which may extend
to three months or with fine which may extend to one thousand
rupees or with both.
An offence punishable under this section shall be cognizable
and bailable.
127D (I) No person shall.- print or publish or cause to be
printed or published, any election pamphlet or poster which
does not bear on its face the names and address of the printer
and the publisher thereof.
(2) No person shall print or cause to be printed election
pamphlets or poster.
(a) Unless a declaration as to the identity of the publisher
thereof signed by him and attested by two person to whom he
is personally know, is delivered by him to the printer in
duplicate, and
(b) Unless with reasonable time after the printing of the
document, one copy of the declaration is sent by printer together
with one copy of the document to the District Returning Officer
(District Magistrate) of the district where it is printed.
Any person who contravences any of the provision of sub-section
(1) and (2) shall be publishable with imprisonment for a term
which may extend to six months or with fine which may extend
to two hundred rupees or with both.
An offence publishable under this section is cognizable and
bailable
127E. Maintenance of secrecy of voting.- Every Officer, Assistant
Agent or other person who perform any duty in connection with
the recording or counting of votes in Panchayat Election shall
maintain the secrecy of the voting and shall not (except for
some purpose authorised by or under any law) communicate to
any person information calculated to violate such secrecy.
Any person who contravenes this provision shall be punishable
with imprisonment for a team, which may extend to three months
or with fine, which may extend to five hundred rupees or with
both.
An offence under this section is cognizable and bailable.
127F. Officers etc., at election to act for candidates or
influence voting.-
Any person who is a Returning Officer or an Assistant Returning
Officer or a President or Polling Officer at a Panchayat Election
or an officer or Assistant appointed by the Returning Officer
or by the President Officer to perform any duty in connection
with a Panchayat Election or a member or a Police force on
duty shall not endeavour: -
(i) To persuade any person to give his vote at a Panchayat
Election.
(ii) To dissuade any person from giving his vote at a Panchayat
Election
(iii) To influence the voting of any person at a Panchayat
Election in any manner.
Any person who contravences these provision shall be punishable
with imprisonment which may extend to six months or with fine,
which may extend to two hundred rupees or with both.
An office punishable under this section shall be cognizable
and bailable.
127G. Prohibition of canvassing in or near polling station.-
No person shall, on the date or dates on which poll is taken
at any polling station commit any of the following station
or at any public or private place within a distance of one
hundred metres of the polling station, namely: -
(i) Canvassing for votes, or
(ii) Soliciting the vote of any elector, or
(iii) Persuading any elector not to vote for any particular
candidate, or
(iv) Persuading any elector not to vote at the election, or
(v) exhibition any notice or sign other than an official notice
relating to the Panchayat election Any person who contravenes
these provisions shall be punishable with fine which may extend
to two hundred any fifty rupees.
An offence punishable under this section shall be colonizable
and bailable.
127H. Penalty for disorderly conduct in or near polling stations.-
No person shall, on the day or dates on which a poll is taken
at may polling station.
(i) use for operate, within or at the entrance of the polling
station or in any public or private place in the neighbourhood
thereof, any apparatus for amplifying or reproducing the human
voice, such as a megaphone or a loudspeaker, or
(ii) shout, or other act in a disorderly manner, within or
at the entrance of the polling station or in public or private
place in the neighbourhood thereof, so as to cause annoyance
to any person visiting the polling station for the pool, or
so as to interfere with the work of the officers and other
persons on duty at the polling station.
Any person who contravenes or wilfully aids or abets the contravention
of, these provisions shall be punishable with imprisonment
which may extend to three months or with fine which may extend
to five hundred rupees or with both.
An offence punishable under this section shall be cognizable
and bailable.
(2) If the Presiding Officer of a Polling Station has reasons
to believe that any person is committing or has committed
an offence punishable under this section he may direct any
police officer to arrest such person and thereupon the police
officer shall arrest him.
(3) Any police officer may take such steps, and use such force,
as may be reasonably necessary for preventing any contravention
of the provisions of this section and may seize any apparatus
used for such contraventions.
127-I. Penalty for misconduct at the polling station.- Any
person, who during the hours fixed for the poll at any polling
station shows misconduct or fails to obey the lawful directions
of the Presiding Officer, may be removed from the polling
station by the Presiding Officer or by any Police officer
on duty or by any person authorised in this behalf by such
Presiding Officer.
The power conferred by the above provision shall not be exercised
so as to prevent any elector who is otherwise cultiled to
vote at a polling station from having an opportunity of voting
at that station .
Any person, who has been removed from a polling station, if
re-centres the polling station without the permission of the
Presiding Officer, he shall be punishable with imprisonment
for a term which may extend to three months or with fine which
may extend to five hundred rupees or with both.
An office punishable under this section shall be congnizable
and bailable.
127J. Penalty for failure to observe procedure for voting.-
If any elector to whom a ballot paper has been issued notice
to observe the procedure prescribed for voting the ballot
paper handed over to him shall be liable for cancellation.
127K. Penalty for the liable hiring or procuring of conveyances
at election.- If any person who, is guilty of any such corrupt
practice of illegal hiring or procuring of vehicle for voter
at or in connection with the Panchayat election, he shall
be punishable with fine which may extend to one thousand rupees.
The offence punishable under this section shall be congnizable
and bailable.
127L. Breaches of official duty in connection with election.-
(1) If any person in official duty in connection with a Panchayat
election to whom this
Act applies is without reasonable cause guilty of any act
or ommissiong in branch of his official duty, he shall be
punishable with fine which may extend to five hundred rupees.
An offence punishable under this section shall be cognizable
and bailable:
Provided that no suit or other legal proceeding shall lie
against any such person for damages in respect of any such
act or omission as aforesaid.
(2) The person to whom this section applies are the Returning
Officer, Assistant Returning Officer, Presiding Officer, Polling
Officer and other person appointed to perform any duty in
connection with the receipt of nominations or withdrawal of
candidature or recording or counting of votes at the Panchayat
Election and the expression Official duty shall for the purpose
of this section he construed accordingly, but shall not include
duties imposed otherwise than by or under this Act.
127M. Penalty for Government servants for acting as election
agent or counting agent.- If any person in the service of
the Government acts an election agent, or a polling agent
or a counting agent of a candidate a Panchayat election, he
shall punishable with imprisonment for a term which may extend
to three months or with find which may extend to one thousand
rupees or with both.
An office punishable under this section shall be congnizable
and bailable.
127N. Removal of ballot papers from polling station to be
an offence.-
Any person who at the Panchayat Election fraudulantly take
or attempts to take, a ballot paper out of a polling station,
or wilfully aids or acts the doing of any such act, shall
punishable with imprisonment for a term which may extend to
one year with fine which may extend to five hundred rupees
or with both.
If the Presiding Officer of a polling station has reason to
believe that any person is committing or has committed an
offence punishable under this section, such officer may, before
such person leaves, the polling station arrest or direct a
police to arrest such person may search such person or cause
him to be searched by a Police Officer:
Provided that when it is necessary to cause a woman to be
searched, the search shall be made by another women with strict
regard to decency.
Any ballot paper found upon the person arrested on search
shall be made over for safe custody to a police officer by
the Presiding Officer, or when search is made by a police
shall be kept by such officer in sale custody.
An offence punishable under this section shall be congnizable
and bailable.
127-O. Offence of booth capturing.- Whoever commits an offence
of booth capturing shall be punishable with imprisonment for
a team which shall not be less than six months but which may
extend to two years and with fine, and where such offence
is committed by a person in the service of the Government
he shall be punishable with imprisonment for a term which
shall not be less than one year but which may extend to three
years and with fine, which may extend to one thousand rupees
or with both.
An offence punishable under this section shall be congnizable
and bailable.
Explanation: - For the purpose of this section "booth
capturing" including among other things, all or any of
the following activities, namely: -
(i) Seizure or closure of a polling station or a place fixed
for the poll by any person or persons making polling authorities
surrender the ballot papers or voting machines and doing of
any other act which affect the orderly conduct of election.
(ii) Taking possession of a polling station or a place fixed
for the poll by any person and persons allowing only his or
their own supporters to exercise their right to vote and prevent
others from voting.
(iii) Threatening any elector or obstructing or preventing
him from going to the polling station or a place fixed for
the poll caste his vote.
(iv) Seizure or closure or taking possession of a place for
counting of votes by any person or persons, making the counting
authorities surrender the ballot papers or voting machines
and the doing of anything which affects the orderly counting
of votes.
(v) Doing by any person in the service of the Government of
all or any of the aforesaid activities or aiding or conniving
at any such activities in furtherance of the prospects of
the election of a candidate or against the prospects of a
candidate.
127P. Other offence and penalty thereof.- A person shall be
guilty of all election offence, it at the Panchayat Election
be: -
(i) Fraudulantly defaces or fraudulently destroys any nomination
papers, or
(ii) Fraudulantly defaces, destroys or removes any list notice
or other documents affixed by or under the authority of a
Returning Officer, or
(iii) Fraudulantly defaces or fraudulantly destroys any ballot
paper or the official mark on any ballot papers or any declaration
of identity or official envelope used in connection with voting
ballot, or
(iv) Without the authority supplies any ballot paper to any
person or receives any ballot paper from any person or is
in possession of any ballot papers, or
(v) Fraudulantly put into any ballot box anything other than
the ballot paper which he is authorised by law to put in,
or
(vi) Without due authority destroys, takes persons or otherwise
interfaces with any ballot box or ballot.
(vii) Fraudulantly or without authority, as the case may be,
attempts to do any of the foregoing acts or wilfully aids
or abets the doing of any such acts.
Any person guilty of an electoral offence under this section
shall: -
(a) If he is Returning Officer or Assistant Returning Officer
or a Presiding Officer at a polling station or any other officer
or Assistant employed on official duty in connection with
the Panchayat election, be punishable with imprisonment for
a term which may extend to two years or with fine which may
extend to one thousand rupees or with both.
(b) If he is any other person be punishable with imprisonment
for a term which may extend to six months or with fine which
may extend to six months or which may extend to two hundred
rupees or with both.
(c) For the purpose of this section, a person shall be deemed
to be on official duty if his duty is to take part in the
conduct of Panchayat Election or part of the election including
the counting on votes or to be reasonable after the election
for the used ballot paper and the other documents connected
with the election, but the expression "Official duty"
shall not include duty imposed otherwise by or under this
Act.
127Q. Trial by competent Court.- No Court other than that
of a Judicial Magistrate of the First Class of the competent
Jurisdiction shall try any offence under this Act.
127R. Offence to be tried summarily.- Offence under this Act
may be Act 2 of summarily in the manner provided for summary
1974, trial under the Code of Criminal Procedure, 1973.
128. Annual Administrative Report.-
(1) As soon as may be after the first day of July in every
year and not later than the thirty first day of August every
year, the Executive Officer of the Anchalik Panchayat shall
place before the Anchalik Panchayat a report of the Anchalik
Panchayat during the proceeding Panchayat year in such form
and with such details as the Government may direct and shall
forward report with the resolution of Anchalik Panchayat at
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 Office of the Zilla Parishad shall prepare
a report on the Administration of the Zilla Parishad during
the proceeding Panchayat year in such form and with such details
as the Government may direct and submit the report to the
Zilla Parishad.
After approval by the Zilla Parishad it shall be submitted
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.
129. Bar to interference by courts in the electoral matters.
Notwithstanding anything contained in this Act:
(a) The validity of any law relating to the delimitation of
constituencies on the allotment of seats to such constituencies,
made under article 243 of the
Constitution of India shall not be called in question any
court.
(b) No election to any Panchayat shall be called question
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. Repeal and Saving.- All the Panchayats existing immediately
before the commencement of this Act, shall continue till the
expiration of their duration as under the Assam Panchayat
Raj Act, 1986 unless sooner dissolved by a resolution passed
to that effect by the Legislative Assembly of the State.
Provided that in case of dissolution by a resolution passed
by the Legislative Assembly all the powers and duties of Gaon
Panchayats or Anchalik Panchayat shall, during the period
of such dissolution, he exercised and performed by such officer
not below the rank of a Gazetted Officer, as the Govt. way
from time to time appoint in this behalf.
131. Repeal of previous Act.-
(1) On and from the date on which this Act comes into force,
the Assam Panchayat Raj Act 1986 shall be deemed to be repealed:
Provided that -
(a) Till such time when new rules and framed before the expiry
of one year the from the coming into force of 73 Amendment
of the Constitution Act the rules framed under 1986 Act, shall
remain valid.
(b) The said repeal shall not effect the validity or invalidity
of anything already done under the said enactment.
(c) All rules and bye-laws, notifications, orders, appointments
made, permissions and sanctions granted, taxes, cess, fees
or rates levied, contract entered into, suits instituted and
proceedings taken under the Assam Panchayat 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 Panehayats, Anchalik Panehayats and
Mahkuma Parishads under the provision of the Assam Panchayat
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 it can be made over to the Gaon Panehayats, Anchalik
Panehayats 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 repeal of the Assam Panchayat Raj Act,
1986, any area of taxes, cess, fees and rates which were levied
by the Gaon Panchayat, Anchalik Panchayat and the Mahakuma
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 and the Mahakuma Parishad under the Assam Panchayati
Raj act, 1986, shall be recovered by the Gaon Panchayat, Anchalik
Panchayat and the Zilla Parishad, as the case may be credited
into the respective Panchayat Fund.
(f) Any penalty, forefeiture or punishment incurred in respect
of any offence committed against the said Act; or
(g) Any investigation, legal proceeding or remedy in respect
of such right, privilege, obligation, forfeiture or punishment
aforesaid and any such investigation legal proceeding or remedy
may be instituted, continued or enforced, and any such penalty,
forefeiture, or punishment 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
or Zilla Parishad shall from the date of dissolution, vacated
their offices as such members.
(3) The persons vacating office on dissolution shall be eligible
for re-election or re-nomination.
132. Removal of difficulties.- If any difficulty Aries in
giving effect to the provisions of this Act, the Government
may take such necessary action so long as these are not repugnant
to the main objectives and provisions of this Act.
(a) The state Government may be notification constitute a
standing committee of Legislatures to resolve disputes between
the district administration and the Zilla Parishad.
133. Vesting in of properties etc., of Panchayat bodies on
withdrawal of provision of the Act.- When the provisions of
this Act are withdrawn from any Zilla Parishad or Anchalik
Panchayat or Gaon Panchayat area, all the properties, funds
and dues, which were vested in such be vested in the day.
Commissioner or the Sub-Divisional Officers as the case may
be, who shall make such allocation of the properties as he
deems fit with the prior approval of the Government.
134. Taking Of Oath.- Every person who is elected to be a
member of Zilla Parishad, Anchalik Panchayat or Gaon Panchayat
shall, before taking his seat, make and subscribe before such
authority as may be specified by the State Government in this
behalf an oath or affirmation of his allegiance to the constitution
of India at a meeting which shall hereinafter to be called
the first meeting in the following form.
1. A, B, being a member of the Zilla Parishad/Anchalik Parishad/Gaon
Panehayat do swear in the name of God (or solemnly affirm)
that I will bear true faith and allegiance to the constitution
of India as by law established and that I will faith fully
discharge the duty upon which I an about to enter.
135. Dispute between Panehayat and local authorities.- If
dispute arises between two or more Panehayat bodies and local
authority or between any two local authorities matter shall
be referred to the Government or to such authority as the
State Government may direct and decision of the Government
or such authority shall be final and conclusive.
136. Augmentation of Consolidated Funs of the State.- All
the measures needed to Augment the Consolidated Fund of the
State to supplements the resources of the Panehayat in the
State on the basis of recommendation made by the State Panehayat
Finance Commission, shall be taken by the Government as it
may deem fit.
137. Appeal against any other of the Panehayat Raj
institution.- Any employee under a Panehayat institution or
person aggrieved by any order or act of Panehayat institution
may file an appeal within fifteen days from the date of receipt
of such order or performance of such Act, to the Government
whose decision in this regard shall be final.
138. Delegation of powers to the Dy. Commissioner, Sub-Divisional
Officer, or any other Gazetted officer.-
(1) The Statement may delegate of their powers under this
Act or rules framed thereunder except where expressly provided
to the contrary to any Government officer of Gazetted rank.
(2) Except where expressly provided to the contrary, the Government
may delegate all or any of the powers of the Deputy Commissioner
or the Sub-divisional Officer under this Act or rules framed
thereunder this Act 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 powers 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.
139. Powers of Anchalik Panchayat and Gaon Panchayat to make
subsidiary Rule's.- Subject to the approval of the Government,
every Anchalik Panchayat or Gaon Panchayat may, by subsidiary
rules consistent with this Act and with any rules made thereunder,
provided for-
(a) The time and place of its meeting, the business to be
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 it.
(c) The custody of the common seal and the purposes 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.
140. Staff selection Board.-
(1) For Zilla Parishad, Anchalik Panchayat and Gaon Panchayat
Grade-III and Grade-IV staff shall be appointed by the Chief
Executive Officer of Zilla Parishad on the recommendation
of the District
Selection Committee of Panchayat and Rural Development Department
constituted by the Government in the Panchayat and Rural Development
Department.
Grade-I and Grade-II officers shall be posted in the Panchayats
and Zilla Parishad by the State Government.
Provided that no appointment under this sub-section shall
be made by the Chief Executive Officer without the prior approval
of the State Government.
(2) The teachers in schools managed by the Panchayats shall
be posted by the officer authorised by the Educational Department
of the State Government on the recommendation of the District
Teachers Selection Committee constituted by the Education
Department.
141. Powers to make Rules.-
(1) The State Government may make rules for carrying out the
purpose and objects of this Act.
(2) any rule framed under sub-section (1) may be given retroactive
effect.
142. Repeal and Saving Assam ordinance VI of 1994.-
(1) The Assam Panchayat Ordinance, 1994 is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action
under the ordinance or any action taken under the ordinance
so repealed shall be deemed to have been done or taken under
the corresponding provisions of this Act as if this Act came
into force on the date on which said ordinance came into force.
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