The Assam Panchayat Act, 1994
Assam · state statute
Open in Lexace · Ask the AI about this act594 THE ASSAM GAZETTE, EXTRAORDINARY, MA7 6, 1994............... ......................* ________________ ____ ___ _ ___ ASSAM ACT NO XVIII OF 1994 (Received the assent of the Governor on 5th May, 1994) THE ASSAM PANCHAYAT ACT, 1994 AN ACT to amend and consolidate laws relating to Panchayats in Preamble, Whereas it is expedient to amend and consolidate laws relating to Pabchayats in Assam. It is hereby enactsd in the Forty-fifth Year of Republic of India as follows :— Shor* title , extent and com m ence m en t. 1. (1) This Act may be called the Assam Panchayat Act, 1994. (2) It shall extend to the whole of A^sam in the rural areas except the Autonomous Distiicts under the Sixth Schedule of the Constitution of India and shall exclude any area which has been or hereinafter may be included in a Muni cipality rr a Town Committee or a Cantonment constituted under the Assam Municipal Act, 1956 and the Cantonment .let, 1924 respectively or by any other Act. (3) It shall com into force at once. Definition 2. subject In this Act, unless there or context is anything repugnant in thq . 0 ) in the "Gaon *'Gaon Sabha” means a body consisting of persons registered.! electoral rolls relating to a village comprised witbin the area of i Panchayat”; ' ' “Gaon Panchayat” means a Gacn Panchayat established under(2) ‘ this Act; (3) “Anchalil Panchayat” means an Ancbalik Panchayat estab lished under this Act; (4) “Zilla Parishad” means a Zdla Paris v ad established under this A ct; (*\ “Local Authority” ivcludts Gaon Sabha, Gaon Panchayat, Anchalik Panchayat, Zilla Parishad, Municipal Corporation Municipal Boards and Town Committees ; 1HE ASSAM GAZETTE EXTRAORDINARY, MAY 6, 1994 595 (6) “ Notification” means a notification published in the afficia G azette; (7) “ Panchayati Raj Bodies” means the Gaon Paachayat, Ancha^ > lik Paachayat and Zilla Pari sh ad ; (8) ‘‘Adult’’ means a person male or female having completed his or her eijh’een years cf a g e ; (9) ‘‘Village” means any local area, tecorded as a village in the revenue record f th j District in which it is situated and includes any areas which the State Government may, by general or special order, declare to be a village for the purpose of this A c t; (10) “ Co-operative Society” means a society registered or deemed 'o be registered made the Assam Co-operative Societies Act, 1949, or under any Central Act legulating the registration’ of Co-operative societies; (11) “ Member” means a member of a Gaon Pancha yat of a Ancha- lik Panchayat or of a Zilla Panshad ; (12) “Ex-cfficio Member” means a member who is appointed to be a me iber by virtue of his office, and for the purpose cf Gaon Panchayat or Anchalik Panchayat or Zilla Perishad and may include local Members of Parliament, T cal Members of Legislative Assembly, State G< vernment Officials, Representative of local Co-operative Societies snd representative of local scheduled er non-scfceduled banks; (13) “ Co-opted Member” means a person co-opted to be a mem ber of a Gaon Pane -ayat or Anchalik PancLayat or Zilla Parishad ; (14) “Scheduled Caste” means such caste, race or tribe or part of or group within such caste, race or tribe as is deemed to be Scheduled Caste in relation to the State of Assam under Article 341 o f the Constitution cf India ; (15) “ Scheduled Tribe” means such tribe or tribal community as is deemed to be Scheduled Tribe in relation to the Staife of Assam under Article 342 of the Constitution of India ; (16) “ Public-Servant” means a public servant as defined in Section 21 o f the Indian Penal Code, i860 ; (17) “ Public Property” means any property belonging to Govern ment or any local authority ; (18) “District” means a district in a State ; (19) “ Bazar, Ha at or M arket” means, any place within the administrative control of the local authority where persons assemble daily or bi-weekly or periodically for sale or purchase of article fo 596 THE ASSA M GAZETTE. EXTRAORDINARY, MAY 6, 1994 human or aalm'il Consumptions or of livestocks or of other marchan- dise ; (20) “ Carriage” means any wheeled vehicle with springs or o her appliances acting as spring or a kind ordinarily used for conveyance of human beings and includes bicycles, tricycles, rickshas, of all kinds and country boat whether operated with or without engine but does not include motor-vehicle and perambulators ; (21) “Cart” means any cart, hackney or wheeled vehicle with or without springs which is s ot a carriage as defined it sub-section 20 ; (22) “Cattie’’ includes such quadrupeds as are included in the Cattle Tresspass Act, 1981 ; 23) The expression ‘’Complaint” and “Offence” shall have the same meaning as in Section 2 o< the Gode of Criminal Procedure, 1973 ; (24) “ Bye-Law” means bye-law made and approved under the provision o this Act ; (25) The expression “Decree Holder” “Judgement” "Debtor” “ Legal representative” and “Moveable Property” shall have the same meaning as in Section 2 of the Code of Civil Procedure, 1988 ; k (26) (i) “Financial year” means the year commencing on the first day of April every year and ending on the thirty-first day of March next year. (ii) “ Panchayat Year” means the year commencing on the first day of July or on such other date as the State Government may by notification appoint. (27) “House-hold” means a house or houses used by a family for dwelling purposes ( house includes building ) ; (28) “ Prescribed” means piiscribed by the State Government by rules made under this A ct; (29) “Proceedings” means any proceeding specified under this Act, other than ‘case’, ‘action’ or ‘suit’ ; (30) “Water Course” includes river, stream, channel, tank, well and aquaduct; (31) “Sur-charge” means an additional charge or payment; (32) “Development Departments” under the provision of this Act shall include such departments as maybe notified by the State Govern ment from time to time; G IE ASSAM GAZETT3, EXTRA )RD1 n ARY, MAY 6, 1994 ______ 597 (33) “ State Government” means the Government in the Panchayat aad Rural Devel pmcnt Depa>tment, Assam ; (34) “ Pre sident” means a non-official who is elected as the President of Gaon P. ch ya or Anchalik Panchayat or Zilla Parishad ; (35 ; “ Vice-Pres ent ;reans a non-official who s elected as tbe Vice-Pies cent of Gacn Panchayat or Anchalik Panchayat or Zilla Parish-id ; (36) “ Chair--; < raon” means the elected Non.- fficial head, either male i '• female as die c.,s . may be, of Gaon Panchayat or Anchalik Panchayat or a Z -.l» Parishad er a District Planning Committee ; (37) “ Block Dev lop ent Officer” means an officer who is noti fied as such for a development block ; (38) ‘ C lief Executive Officer” meam the executive head of the office of Zilla Paiishad ; (39, “ Executive Officer” means the Block Development Officer, who shall function as executive Office, ef an Anchalik Panchayat, the boundary of which is co terniinous with that of the Development Blocks ; (40) “ S e c ie ta r/’ means th Secretary of a Gaon Panchayat; (41) “ Deputy Commissioner” means the Deputy Commissioner of a district so notified by the Gov.ram ent. The term Deputy Commi ssioner shall rnea and induce an Additional Deputy Commissioner and a Sub-Divisn-ual Officer o an cutlying Sub-Division. C H A PTER—II x CONST1TU ■ ON OF D ISTRICT PLA ,N IN G COMMITTEE 3. (I) The Gove.nmert shall constitute in every district a District constitution Planning Committee to consolidate the Plans pitpared by Zilla lanning rc ^ P a r i s i a d ’ ApcbaJik Panchay-.t-, Gaon Ponchayats, Town Committees, wmittee. Municipalities and Municipal Corporations, in the district and to prepare a draft development p’an for the district as a whole. (2) The District Planning Committee shall consists of (*) The members of the Home cf peopL who represent the whole or part of the d istrict ; (b) The members of the Assam Legislative Assembly whose major part of the constituencies fall within the District ; (c) T he Presi . ent of the Zilla Parishad ; (d) The Mayor or the Chairperson of ths Municipal Corporation/ Municipal Board/Town Committee as the case may be having JUrisdic'ion over the Head Quarter of the District. THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994 (e) Such number of persons not less than four fifth of the total number of Members as may be specified by the Government, , elected in the prescribed manner from amongst the members of the Zilla Par;shad, Councillors f a . nicipal Corporation or the Municipalities as the case may be, and the members of the Town Committees in the Districts on rotation annually and in proportion to the ratio between the population of the rural areas and of the urban areas of the District. (3) The Deputy Commissioner shall be a permanent invitee of the Committee as an Ex-Officio Member. (4) The Chief Excecutive Officer of the Zilla Parisha 1 shall be the Ex-Officio Secretary of the C ommittee. (5) The president of the Zilla Parishad shall be Ex-Officio Chair man of the District Planning Committee. (6) The District Planning Committee shall consolidate the plan prepared by the Zilla Parishad, Anchalik P mchayats ard Gaon Pan- chayats, Town Committees, Municipalities and Municipal Corporation in the District and preprre a draft development plan for the District as a whole. (7) Every District Planning Committee shali in preparing the draft development plan ; (a) have tegard to— (i) the matter of cotr.muj interest between Zilla Parishad, Anchalik Panchayats, Gaon Panchayats, Municipalities or Municipal Corporation as the case may be, and the Town Committee in the District including Sectoral Planning sharing of water and other physical and natural resources, the in egrated development of inf'aBtiuctures and environmental conservation ; (ii) the extent and type of available resources whether financial or otherw ise ; (iii) consult such instructions and organisations as the Governor may by order, specify. * (8) The Chairperson of every District Planning Committee shall forward the District Plan, as recommended by such committee, to the Government for approval within a specified period as may be pres cribed by the State Government, CHAPTER— -III GAON SABHA Sabha. 4. (1) Subject to the general orders of the Government:— (i) the Gaon Sabha shall meet from time to timte but a period of three months shall net intervene between any two meetings; THE ASSAM GAZETTE. EXTRAORDINARY. MAY 6, 1994 599 (li) the Gaon Sabha shall consist of persons registered in electoral rolls relating to a village or a group of villages comprised within the area of the Gaon Panchayat; (iii) the Gaon Sabha shall consider the following matters and may make recommendations and suggestions to the Gaon Panchayats ; (a) the report in respect o f Development Programme of the Gaon Panchayat relating to the preceding year and development pro gramme proposed to be undertaken during the current year; (b) the promotion of unity and harmony among all sections of society in the villages; (c) such ether matters as may be prescribed. (2) The Gaon Panchayat shall give due consideration to the recommendations and suggestiors of the Gaon Sabha. 3) Every meeting of tr .aon Sabha may be presided over by the President of the concerned Gaon Panchayat ard in his absence by the Vice-Presiden or ar.y person to be selected by the majority of the Gaon Sabha member, for that meeting. (4) The meeting of the Gaon Sabha shall be convened by the Secretary of the . Gaon Panchayat with due approval of the President of the Gaon Pauchayat »t.d in consultation wnh the Block Develop ment Officer concerned provided wide rublicitv is given fifteen days ahead of the date f r holding f he Gaon Sabha Meeting. ■ V . (5) If the President fail to approve the convening of the Gaon Sabha, the Secretary of the Gaon Panchayat shall convene the Gaon Sabha in time in consultation with the B. D. O. Whenever, Anchalik Pancha-at direct for holding such G»cn Sabha for the purpose for selection of beneficiary o' Rural Dvelcpmen* Programmes, the Secre tary of the Gaon Panchayat will convene the meeting within twenty days time. Q uorum . ( 6 ) (*)-~T he quorum for a . meeting of the Gao i Sabha sha’l be one-tenth of the total members or one hundred number of v ters of the village/villagt s whichever is less. (ii) If at the time of appointment for the meeting, a quorum is not present, the presiding authority shall wait for thirty minutes, and if within such period/ there is ro quorum, the pre iding authority shall adjourn the meeting to same dry of the following week or any other date or time which shall not be less than twenty-four hours and more than seven days. The adjourned meeting shall not require quorum for taking up the business which could not be considered at the meeting so fixed. 600 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994 (7) R esolution: Any resolution to the matter entrusted to the Goan Sabha under this Act, shall have to be passed by a majority of votes of the reembers present. (8) Functions : The Gaon Sabha t ’-all perform the following functions namely : (a) mobilising voluntary labour and contribution in kind and cash for the Community Welfare Programmes; (b) identification of beneficiaries for the implements tion of deve lopment schemes pertaining to the villages: Provided that in case the Gaon Sabha fails to identify the bene ficiaries within a reasonable time, the Secretary of the Gaon Panchayat in consultation with the President o;' the Gaon Prrchayat and t?w Block Development Officer conceded viJl identify the beneficiaries including the beneficiaries under Integrated Rural Development Pro gramme ; Provided further that if the Secretary fails to convene the Gaon Sabha in time for selection of beneficiaries for Rural Deve lopment Programme, the Block Development Officer shall convene the Gaon Sabha for such specific purpose ; (c) rendering all kinds cf assistance in th; implementation of development schemes pertaining to villages and rendering services in the villages. (9) The President, Vice-Presider t and the members of the Gaon Pancbayat/Anchalik Panchayat shall not be er>tit* d to any sitting allowance for attending the Gaon Sabha. CHAPTER—IV I ESTABLISHMENT AND CONSTITUTION OF GAON PANCHAYAT Establish- 5. (1) The State Government may, by notification, declare 5hy mevt ofGaon| o c a i area comprising a revenue vihage or a grout cf revenue Fanchayat. v j]| a ge s o r a Forest vijJage or a Tea G rden area or hamlets forming part of revenue village or Fores village or Tea Garden area or other such administrative unit or par thereof to be Gaon Panchayat with population of its territory not less than six thousand and not more than ten thousand : . Provided that, vhere a greu f revenue villages or Forest villages or T ea Garden areas or hamlets or other such administrative units or part thereof is declarer to be a village, the Village sl ab be known of as revenue tillage, hamlet, adwfo Lvative -nri. o/ p rrt thereof a s., the case may be, having the largest population. THE ASSAM GAZETTE. EXTRAORDINARY. MAY 6, 1994 601 (2) After consultation with the Gaon Panchayat, if' it had already been established, the Government may, by similar notification, at any time— (a) include within or exclude from any village, any local area or otherwise, from the limit of any village; or (b) declare that any local area shall cease to be a village and thereupon the local area shall be so excluded from the limit of the village so altered. (3) Every Gaon Panohayat shall be a body corporate by the name of ............ ........ Gaon Panchayat having perpetual succession and a common seal, with power to acquire and hold property both movable and immovable, whether within or without the limits of the village over which it has authority and may in its corporate name sue and M r be sued. tionofG aon ®a o n Panchayat shall consist o f: Panchayat, (a) Ten members to be directly elected by the voters of the territorial constituencies of the Gaon Panchayat area—one from each constituency in the manner prescribed. (b) President of the Gaon Panchayat who shall be elected directly by the voters of the territorial constituencies of the Gaon Panchayat area in the manner prescribed. (2) For the convenience of election, :he prescribed: authority shall in accordance with such rules as may be prescribed in this behalf by the Government, divide the area of the Gaon Panchayat into ten territorial constituencies and allot one seat for each constituency. (3) When the Gaon Panchayat is constituted under this Seetion, the Deputy Courtissioner or an officer authorised by the Deputy < t Commissioner for this purpose shall call a meeting of the Gaon Pan chayat (which shall be f a erein-after called the first meeting of the Gaon Panchayat) for election of a Vice-President from amongst the members « in the manner prescribed. Duration 7. Every Gaon Panchayat, save as otherwise provided in this of G a o n Act, shall continue for a term of five years from the date Panchayat. a ppOjn ta<l f o r fi r st meeting: Provided that the term of ths office fixed under this sub-section shall be held to inci de any period which may elapse between the expiration of the said period and the date of the first meeting of the Gaon Panchayat newly constituted in which a quorum shall be present when a Gaon Panchayat shall itand dissolved.i Election to corwti t u t e G aon Pan chayat. 8. (1) The election to constitute a Gaon Panchayat shall be com pleted:— (a) before the expiration of its duration specified in Section (7). Rese r v a- tlon of Seat» of G a o n Panchayat. 602 THE ASSAM GAZETTE, EXTRAORDINARY MAY 6, 1994 i&dashad-Bih li' .V ' ■ 1 ’> (b) in case of dissolution, before the expiratf®n of a period of six months from the date c f its dissolution: Provided th at wMre the reminder of the period for which the dissolved Gaon Panchayat would have continued is less than six months, it shall not be necessary to hold any election under this sub-section for constituting the G e on Panchayat for such period. \ (2) Gaon Panchayat constituted upon the dissolution of a Gaon Panchayat before the expiration of its duration shall continue only for reminder of the period for which the dissolved Gaon Panchayat would' have continued under Section-(7) had it ne t been so dissolved. 9. (1) In every Gaon Panchayat seats shall be reserved for :— A (a) Scheduled Caste, and (b) Scheduled Tribes, and the number of seats so reserved shall bear, is nearly as may be, the same proportion of the total number of seats to be filled up by direct election in that Panchayat as the papulation of the Sche duled Castes in that Gaon Panchayat area or ©f the Scheduled Tribes in that area bears to the total population of that area and such seats shall be allotted by rotation to different constituencies in a Gaon Pan chayat in such manner as may be prescribed. (2) Not less than one-third of the total nuaaber of seats reserved under sub-secticn-(l) shall be reserved for women belonging to the Scheduled C ases or as the case may be, the Scheduled Tribes. (3) Not less than one.third (including the number of seats reserved for women belenging to the Scheduled Caste and the Scheduled Tribes) of the total number of seats to be filled up by direct election in every, 2 Gaon Panchayat shall be reserved for women and such seats m aybe allotted by rotation to different constituencies in the Gaon Panchayate in such manner as may be prescribe*. (4) The Offices of the Chairpersons in the Gaon Panchayats shall be reserved for the Scheduled Castes, Scheduled Tribes and women in such manner as may be prescribed: Provided that the number of offices of Chairpersons reserved for the Scheduled Castes or Scheduled Tribes in the Gaon Panchayats shall bear as nearly as n ay be, the same proportion to the total number of such offices in the Gaoa Panchayats as the population of the Scheduled Castes in the State or ot the Scheduled Tribes in the State bears to the total population of the State : Provided further that not lesB than one-third of the total number of offices of Chairpersons in the Gaon Panchayats shall be reserved for women: THE ASSAM GAZETTE. EXTRAORDINARY. MAY 6, 1994 603 Provided also that the number of offices reserved under this sub section shall be allotted by rotation to diffeient Gaon Panchayats. Election of 10. (1) After the election of the President of the Gaon Panchayat under P res i d e n t se ction 6 (1) (b) and rhe Vice-Prs.sident under Section 6 (3) if any President'of v a c a a c y o c c a r s by reason of death, resignation or removal in the Gwn eip»n- of the President or the Vice-President as the case may be, chayat. the Gaon Panchayat shall elect the President under Section 6(1) (b) or the Vice-President under Section 6 (3) as the case may be : Provided that no election shall be heid if the vacancy is for a period of less than one month. (2) Subject to the general or special order of the Government, the Deputy Comtnissioner shall reserve,— (a) such number of offices of the President and the Vice-Presi dent of Gaon Panchayats in the district for the Scheduled Castes and the Scheduled Tribes and the number of such offices bearing, as nearly as way be, the same proportion to the offices in the District on the population of the Scheduled Castes in the district or of the Scheduler Tribes in the district bears to the total population of the district. (b) not less than one-third of the fetal number of offices ef President and Vice-P resident of Gaon Panchayat in the district from each of the categories which are reserved for persons belonging to the Scheduled Castes aud Scheduled Tribes and of those which are not reserved for women : Provided that the offices reserved under this sub-section shall be allotted by rotation to different Gaon Panchayats in such manner as may be prescribed provided that the principle of rotation for purpose of reservation cf offices under this Section shall commence from the first election to be held after the eomrEeucement of this Act. 11. Any dispute relating to the validity of the election of the Vice-President of the Gaon Panchayat under this Act shall be decided by the Deputy Commissioner. 12. (1) The term of office of every President and every Vice* > shall, save as otherwise provided in this Act, cease on th# tions ofser-®xPlry of his term of office as amen a u . 11^ Gaon Panchayat vice of Pre sident and \ iCof>GS 1aC Allowances and other conditions of service of President Panchayat0 a n ^ Vice-Presideut shall be as may be prescribed. P o w e rs, fa n c t i o » and dut i e* o f President and V i C e- Prelident o f Gaon Pan chayat. 13 (I) The President shall,— (a) be responsible for convening the meeting of Gaon Sabha< 604 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 199 4 (b) be responsible for convening the meeting of the Gaon Pan chayat and preside over its meetings ; (c) be responsible for the maintenance of the records of the Gaon Panchayat; (d) have the general responsibility for the financial and executive administration of the Gaon Panchayat : (e) exercise administrative supervision and control over work of the staff of the Gaon Panchayat and the officers and employees whose services may be placed at the disposal of the Gaon Panchayat by any other authority; (f) for the transaction of business connected with this Act or for the purpose of making any order authorised thereby, exercise such powers, perform such functions or discharge such duties as may be prescribed, performed or discharged by the Gaon Panchayat under this Act or the rules made thereunder : Provided that the President shall not exercise such powers, per form such functions and discharge such duties as may be required by the rules made under this Act; (g) exercise such other powers, perform such other functions and discharge such other duties as the Gaon Panchayat way, by general or special resolution, direct or as the Government may by rules made ia this behak, prescribe. (2) The Vice-President shall, (a) exercise such of the powers, perform such of the functions and discharge such of the duties of President as the President may, from time to time, subject to rules made in this behalf by the Gov ernment, delegate to him by order in writing; Z Provided that the President may at any time withdraw all er any of the powers, function aad duties so delegated to the Vice- President; (b) during the absence of the President, exercise all the power s, perform all the functions and discharge all the duties of the President with the approval of the President of the Gaon Panchayat; (c) z exercise such ether powers, performs such other functions and discharge such other duties as the Gaon Panchayat may, by general or special reselution, direct or as the Government may, by rules made in thu behali, prescribe. Resignation (1) The President er the Vice-President of Gaon Panchay at may resign and Remo- his office by writing under his hand addressed to the Deputy Com- val of Presi-missicner and to the President of the Gaon Panchayat, as the case dent a n d jxiav be.Vice Presi- 3 ■ 4 cat. THE ASSAM GAZETTE. EXTRAORDINARY. MAy_6 l J 9 9 4 K )5 (2) Every resignation under sub' sect’on (I) shall take effect on the expiry of fifteen days from the date of itsreceipt by the authority unless within this period of fifteen ays he withdraws such resignation by writing under his hand addressed to the Deputy Commissioner in case of President and to the President of the Gaon Panchayat in respect of Vice-President. (3) Every President or Vite-President shall vacate the office if M he ceases to be member of Gaon Panchayat. No. confide- 15. (1) Every President or Vice-Pretident s all be deemed to have nee motion vacated his office forthwith when resolution expressing want of confi- nresHent and d e n c e * n * s P a s se u by a majority of two-thira of the total num - Vice-Preside-^e r o f members of the Gaon Panchayst. nt. Such a meeting shall be spacially convened by the Secretary of the Goan Panchayat w ith approval cf the President of the Gaon Panchayat. Such meeting sha’l be presided over by the President if the motion is against the Vice-President; and by the Vice-President if the motion is against the President. In case such a meeting is not convened within a period of fifteen days from the date of receipt of notice, the Secretary o f the Gaon Panchayat shall refer the matter to the President ot the concerned Anchalik Panchayat wtio shall arrange to convene the meering within fifteen days from the receipt of intimation from the Secretary of the Goan Panchayat and preside over such meetirg. In case the President of the Anohalik Panckayat dues ro t take action as above within the specified fifteen days time the c.cerned Deputy Commissioner may refer the matter to the Zilia Parishad for necessary action. (2) The requisition for such a special meeting under Sub-Sec tio n —(1) shall be signed by ro t less than one third of the total nutn- « ber e f members of the Gaon Panchayat and shall be delivered to the President or Vice President as the case may be, of the concerned Ancha- lik Panchayat wbh intimation to the Deputy Commissioner of ihe District. A (3) Without prejudice to the provision under this Act a President or a Vice-President of a Gaon Panchayat may be removed from office by the concerned Anchalik Panchayat with the approval of the Zila Parhhad for misconduct of his/her duties or neglects or incapacity to perform his/her duties-or for being persistently remiss in the discharge of or guilty of any disgraceful conduct and President or Vice-President so removed shall not be eligible for re-election as Presiden or Vice-President during the remaining term of office either as President or Vice-President of such Gaon Panchayat. Provided (hat no such President or Vice-President of a Gaon Panchayat shall be removed from office unless he is given reasonable opportunity to furnish explanation to the Anchalik Panchayat. (4) A Vice-President so removed from his office under jub-ieefion (3) may also be removed from membership of the Gaon 606_____ THE ASSAM GAZETTE, EXTKAOKDiNARY. MAY 6, 1©94 Panchayat by the Government after the giving member a reasonable opportunity to furnish his explanation Resignation lb. A member of a Gaon Panchayat may resign his membership of m em bers, in writing under his hand addressed to the President of the Gaon Panchayai. M eeting ® f l 7- (1) A Gaon Panchayat shall meet for the transaction of business the Gaon at least once in two months at the office of the Gaon Panchayat p*ncbayat. a n (j a t SUC a time as the President may determine. (2) The President whenever be thinks fit, and shall, upon the written request of not less than one third of the total number of members and on a date within fifteen days irom the receipt of such request, call a special meeting. (3) Seven cle.r days notice of an ordinary meeting and three clear days notice of a special meeting specifying the place, date and time of such meeting and the business to be transacted therein shall be given by ‘he Secretary of the Gaon Panchayat and fix the notice on the notice-board of the Gaon Panahayat offiee. (4) The officers to whom notice is given under sub-iectioa (3) and other Government officers having jurisdiction over the Gaon Pan chayat area or any part thereof shall be entitled to attend every meeting of the Gaon Panchayat and take part in the proceedings but shall not be entitled to vote. (5) If the President fail to call a special meeting under lub-scc- ction(2), the Vice-Presinent or in his absence, one third of the total number of members may call such a meeting on a day not more than fifteen days thereafter and require the Secretary of che Gaon Pancha- ~ yat to issue notice to the members and to take such action as may be necessary to convene the meeting. 18. (1) The Quorum for a meeting of the Gaon Panchayat shall Quorum and u e third of the total number of members.Procedure. v w (2) If at the time appointed for the meeting a quorum is not present, the presiding authority shall wait for fhrity minutes, and if within such period there is no quorum, the presiding authority shall adjourn the meeting to such time on the following day or such future date as he may fix but not beyond fifteen days trom the date of the adjourned meeting. However, the adjourned meeting shall require no quorum. (3) The business which could not be considered at the meeting so adjourned for want of quorum, shall be brought before and dis posed of at the meeting so fixed. THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994 6«7 (4) Save as otherwise provided by or unde® this Act, at every nwetiag of Gaon Panchayat, the President or in his absence the Vice-President shall preside. (5) The voting, in any meeting of Gaon Panchayat, if required, shall be by raising of bands, except in the meeting where no-confide nce motion is discussed where the matter will be decided by secret ballot. « (6) All questions shall, unless otherwise specifically provided, be decid rd by a majority of votes of the members present. The Presi- dent/Vice-Presiden* presiding, as the case rray be, unless he refrains from voting, shall give bis vote before declaring ths number of votes for aad against a question and in the case of equality of votes, he may • give big casting vote. (7) No member of a Gaon Panehavat shall vote on, or take part in the discussion of, any question coming up fcr Goasideratton at a meeting of Gaon Panchayat, if the question is oee in which apart from its general application to the public, he hes any pecuniary in terest, and if the person pr-tsidir-g ^as such an interest, he shall net pieside over the msetlng when such question c«»es np for considera tion. (8) If the person presi ins is believed by any member present at the meeting to have any sucu pecuniary in’er-st in any matter under discussion, and it a motion to that effect b < tarried, he shall not preside at the meeting during such disetssien or vote on or take pari in it. Any member cf the Geon Parchsyai n ay be chosen to pre side at the meeting during its continuance of such discussion. Functions of lg. Subject to such conditions as may be specified by the Govern- chavat P a”' m e n t ^ r o m time t o time, ths G-ton Panchayat shall peiform the functions specified below :— 1. GENERAL FUNCTION (1) Preparation of Annual Plans for the development of the * Gaon Panchayat area. (2) Preparation of Annual Budget of Gaon Panchayat. (3) Mobilisation of reliefs in natural calamities. (4) Removal of encroachments on public propertiea. (5) Organising voluntary labours and contribution for community vorks. (6) Maintenance of essential statistics of villages. 608 'THE ASSAM GAZETTE, EXTRAORDINARY, M AY 6, 1994 II AGRICULTURE INCLUDING AGRICULTURE EXTENSION (1) Identification and implementation of various Agricultural Sch emes amounting not exceeding rupees fifty thousand for agricultural development in the Gaon Panchayat Area with technical assistance from Agriculture-, Co-operation, Irrigation and other concerned departments. (2) Development tf waste lands. (3) Development and maintenance of village grazing lands and- preventing their unauthorised alienation and use. III. ANIMAL HUSBANDRY, DAIRY DEVELOPMENT AND POULTRY: * (1) Improvement of bteed of cattle, poultry and other livestock. (2) Promotion of dairy faming, poultry and piggery. (3) Gt assland development. IV. FISHERIES: (1) Development of fisheries in the villages. V. SOCIAL AND FARM FORESTRY/MINOR FOREST PRODUCE, FUEL AND FODDER: (1) Planting and preservation of trees on the sides of roads and other public land under its control. (2) Plantation of firewood trees and fodder development, (3) Promotion of farm forestry. 4(4) Development of social forestry. VI. KHADI, VILLAGE AND COTTAGE INDUSTRIES: A(1) Promotion of rural and cottage industries. (2) Organisation of awarenets camps, seminar and training pro gramme, agriculture! and industrial exhibition for the benefit of the rural people. VII. RURAL HOUSING: (1) Distribution of house sites wuhin its jurisdiction. (2) Maintenance of records relating to the houses, site and other private/public properties. THE ASSAM GAZETTE. EXTRAORDINARY. MAY- 6, 1994 609 VIII. DRINKING WATER: (1) Construction, repairs and maintenance of drinking water wells, tanks ponds and tube-wells. (2) Prevention and control of water pollution. (3) '4aintenan.ee of ru<al water supply scheme. IX. ROA OS, BUILDINGS. CULVERTS, BRIDGES, FERRIES, • waterways and other means of communication . (1) Construction and maintenance of village roads, drains and culverts. (2) Maintenance of buildings under its control or transferred to $ it by the Government or any public authority. (3) Maintenance of boafs, ferries and water ways, X. RURAL ELECTRIFICATION: ;; ; Including identification of locality for distribution of electricity, pro viding for and maintenance of lighting of public streets and other places. jsbauoig l«hrc a .. . . . m ■ XI. N ON-CONVENTIONAL ENERGY SOURCES: -- j . i' ll) Promotion and development of non-c^nventional energy sources. . . . . . . . . 3 . (2) Maintenance cf community non-conventional energy device, including bio-gas plants. (3- Propagation of improved chulhas and other efficient energy devices. < XII. POVERTY ALLEVIATION PROGRAMME: (1) Promotion of public awareness and participation in implemen tation of poverty alleviation programme for lulser employment and crea tion of productive assets-for the community. (2) S lection of beneficiaries under varieus programmes including IRDP through Gaon Sabha. (3) Participation in effective implementation of various schemes and monitorin XIII. EDUCATION INCLUDING PRIMARY SCHOOLS : 1 Pr motion cf pub c awaieness and participation in Primary • rd'Secondary Education.(2) Emuri g ull earo'meat a d ttehdai.cc in Primary Schools and its ' er rgemcnt i ; c.vcir.g the attendance x f the Primary School teac ers. ; 610 THE ASSAM GAZETTE. EXTRAORDINARY, MAY. 6, 1994 XIV. ADULT AND NON-FORMAL EDUCATION (1) Promotion of adult literacy. XV. LIBRARISE: (1) Organisation of village library and reading rooms. XVI. CULTURAL ACTIVITIES: (1) Promotion of social and cultural activities. XVII. MARKETS AND FAIRS: (1) Regulation of fairs including cattle fairs and festivals. XVIII. RURAL SANITATION : (1) Maintenance of general sanitation, cremation and burial grounds. (2) Clearing of public roads, drains, tanks, ponds, wells and other public places. (3) Maintenance and regulation of burning and burial grounds. (4) Construction and maintenance of public latrines. (5) Disposal of unclaimed corposes and carcasses. (6) Management and control of washing and bathing ghats. XIX. PUBLIC HEALTH AND FAMILY WELFARE : (1) Implementation of family welfare programme. (2) Prevention and remedial measures against epidemics. (3) Regulation oi sale of meat, fish nd other perishable food articles. A(4) Participation in programmes of human and animal vaccination. (5) Licensing of eating and entertainment establishment. (6) Destruction of stray dogs. (7) Regulation of caring, tanning and dyeing of skins and hides. (8) Regulation of offensive ai d dangerous trades. XX. WOMEN AND CHILD DEVELOPMENT: (1) Participation in the implementation of women and child welfare programme. the ASSAM GAZETTE. EXTRAORDINARY MAY. < i, 1994 611 (2) Promotion of school health and nutrition programme. XXI SOCIAL WELFARE INCLUDING WELFARE OF HANDI CAPPED AND MENTALLY RETARDED: (1) Participation in the implementation of the social welfare pro gramme, including welfare of the handicapped, mentally retarded and destitutes and distribution of foodstuff oa Social welfare programmes. (2) Selection of beneficiaries and monitoring of the old age and widows pension schemes. XXII. WELFARE OF THE WEAKER SECTIONS AND IN PARTICULAR THE SCHEDULED CASTES AND SCHEDULED TRIBES : (!) Promotion of public awareness with regard to welfare af Scheduled Caites and Scheduled Tribes and other weaker sections. (2) Participation in the implementation of the specific progra mmes for the welfare of the weaker section. XXIII. PUBLIC DISTRIBUTION SYSTEM : (1) Promotion of public awareness with regaid to the distribu tion of essential commodities. (2) Monitoring the public distribution system including keeping sharp vigilance to ensure full and equitable distribution of essential commodities allotted by the State Government. XXIV. MAINTENANCE OF COMMUNITY ASSETS : (1) Maintenance of Community Assets. (2) Preservation and maintenance of other Community Assets. XXV. CONSTRUCTION AND MAINTENANCE OF DHARAM- SALAS AND SIMILAR INSTITUTIONS. XXVI. CONSTRUCTION AND MAINTENANCE OF CATTLE SHEDS POUNDS AND CART STANDS. XXVII. MAINTENANCE OF PUBLIC PARKS AND PLAY GROUNDS. XXVIII. CONSTRUCTION AND MAINTENANCE OF SLAU GHTER HOUSES. XXIX. MAINTENANCE AND REGULATION OP MANURE. XXX. SUCH OTHER FUNCTIONS AS MAYBE ENTRUSTED FROM TIME IO TIME BY ORDER OF THE GOVT. IN THE DEPTT. OF PANCHAYAT AND RURAL DEVELOPMENT. 612 THE ASSAM GAZETTE. EXTRAORDINARY, MAY. 6, 1994 be specified th erein ,— Assignment 20, (1) The Government may. by notification a n l subject to such offuncuons. c o i t i o n s as may ' (a) ten a nee ’’"I ; ? - (b) transfer to of a forest any Gaon Panchayat the management and taam- situated in the Panchayat area ; to the Gaon Psnchayat the management of wastemake ever ’ ______ ______ ____ „ lands, pasture lands or vacant lands belonging to the Government situated within the Panchayat a re a : (c) Provided that when any transfer of the management and BiaiDienanse of a forest is made under danse (a), the Government shall direct that any amount required for such management and maintenance or an adeqm te portion of income from such placed at the disposal of the Gaon Panchayat. forest be (2) The Government may, bv notification modify any assigned in this Section. functions necessaryG en eral 21. A Gaon P nchayat shall have powers io d o all acts powers of for or incidental to the carrying out of the functions entrusted, assigned chayafcu o t delegated to it aud, in particular, and without prejudice to the foregoing powers, to exercise all powers specified in this Act.to exercise all powers specified in this Act. Standing 22. (1) Every Committees. d»ng Committees of the ‘G ass Panchayat-— Gaon Fanchayat shall constitute the following S taa- by election from amongst the elected members (i) Develrpn'ent committee agricultural production, animal poverty alleviation programmes, for performing functions relating to husbandry and rural industries and (ii) Social justice committee (a) interests Classes; for performing functions relating to :— promotion of educational, economic, social, caiteral and other of Scheduled Castes and Scheduled Tribes and Backward - J b) and any protection of such castes and classes from social injustice form of exploitations ; ' U t t (c) welfare o f women and children. -UAd .iLHU/J '' j A . *1 T T Cf <;'S '- .J S'! 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 say be. I r e President of the Gaon Panchayat shall be Ex-Officio me .her and Chairman of all the three commitjees : (iii) THE ASSAM GAZETTE, EXTRAORDINARY, MAY- 6 1994 613 ■ Pi vided that the socit ju u 'c? committee 'ball consist of one member who is a Woman ? ir one member belonging to Scheduled Gaite or Scheduled Tribes as case may be. (bi The Gaon Panebay;-' shall be t ompeteut to co-opt to each committee, ths num ber of Agriculture Field Management Committee, Mahila Sa ittce, Yuba’ - Sami’ ee a < ’ ot er similar budies recognised b the Govcrumewf. Such c m - ion sbonl< be decided by the Gaon Panchayat by resolutior with majority support. Jc) A re- resentati'e of Co-r erati > Socit'es in the Panchayat area shall be co-opted the Development Committee : Provided t at A® co- :ed members shall have the right to take part in the deliberation but shall have no right to vote. (3) The Stando;g Committees ’ all perform the functions referred to above, to tie extent the powers are d.-ieeateti to them by the Gaon Panchayat. 23. (1) A aon Panchayat dispose of property and to Property & fund of Gaon Panchayat. shall have powers to acquire, hold and eoter into contract : Provided tha in all ase: of acquisition or disposal e f immovable proper y by the Gaon Panchayat, it shall obtain the approval of the Government. (2) All properties. within- the loaal limit of the jurisdiction of Gaon Panchayat, of the nature hereinafter in this section specified, o tter than property maintained by the central or State Government or a local authority or any othei Gaon Panchayat, shall vest in and belong to the Gaon Panchayat, and shall wTh all ether properties of what soever nature or kmc it nay become vested in the Gaon Panchaya’, be under its dircc-T. management and control, that is to say— (a) all common pr pe ties; (b) all ■ bli Site ;, including he soil, stones and other m aterial thereof and all drums, bridges, culverts, trees, erection, materials implements and other thiA s provided for such streets; (c) All ublic cha. uels, water courses, springs, tanks, ghats, reservoirs, wells, pipes, pumps and other water works whether made, laid or erected a’ Ac cost oi the Gaon Panchayat or otherwise, and all bridges, buildings, engine, works, materials connected therewith or pertaining thereto and also any adjacest land (not being private proper-y) pertaini g io ally public tank : Provided that water pipes and water works connected therewith or pertaining thereto which with he consent of the Gaon Panchayat are laid or setup in any street by the owner of any mill, factory, workshop or the like, primarily for the use of their employees shall not be deemed to be public water works by reason of their use by the public. 614 _ T H E ASSAM GAZETTE. EXTRAORDINARY, MAY. f, 1994 (d) all sewage, rubbish and offensive mailer deposited on streets or collected by the Gaon Panchayat from streets, latrines, urinals, sewers and other places ; (e) all public lamps, Lamp posts and apparatus connected there with or pertaining thereto; a
Excerpt shown. Open the full act in Lexace.
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