LexThe Assam Panchayat (Amendment) Act, 1964
Assam · state statute
Open in Lexace · Ask the AI about this acty ASSAM AC T V II O F 1964
TH E ASSAM PAN CHA YAT (AM ENDM ENT) AG P, 1964
(Received the asse nt of the Governor on the 23rd April, 1964)
[Published in the Assam Ga zette Ex traord ina ry, dated the 25th April, 1964)
An
Act
further to amend the Assam Panchayat Act, 1959
Short title,
extent and
commence
men t.
Amendment
of section 2
of Assam
Act XX IV
, ,
Preamble Whe reas it is exp edie nt fur the r to amend the ^ a m Act
Assam Panchayat A ct, 1959, hereinafte r called the °
pri ncipa l A ct, in the m ann er hereinafter appearing ;
It is here by ena cted in the Fift een th Year of the
Republic of In dia as follows :—
1. (1) This Act may be called the Assam Pa nc ha
ya t (Amendm ent) Act, 1964.
(2) It shall have the like extent as the princi*
pal Act.
(3) It shall come int o force at once.
2. In section 2 of the princ ipa l A ct,—
(1) clause (4) shall be dele ted and clauses
to (16) shall be ren um ber ed as clauses (4) to (15)
respectively ;
(2) for clause 13 as so r enum bered , the following
shall be sub stituted, na m el y:—
“ (13) ‘Fina ncial Yea r’ mea ns the Yea r star ting
from 1st Ju ly an d- en ding on the 30th Ju ne of the
following ye ar ;” ;
(3) afte r clause (15) as so ren um bered , the fol
lowi ng shall be ins ert ed as clause (16), name ly: —
“ (16) ‘Hou se’ includes a building , hu t, shed,
shop , ware house, workshop or Mill house ;” .
[ Pric e 0-1 2 P. or 2d . ]
2
Am end ment 3. Provisos to sub-section (4) and sub-se ction (6)
•f C Assam section 9 of the p rin cip al Act shall be dele ted and
Act XXIV f°r sub-se ction (5) the following shall be sub stituted,
of 19 59 . na mel y:—
“ (5) Th e votin g shall be by show of ha nd s” .
4. In section 1 1 of the principa l Act,—
Amendm ent (1) for sub-section (1) and (2) the following
of section 1 1 shal l be sub stituted, na me ly: —
°X ^rv 1ofCt “ (1) Every Gao n Sabha shall have an
19 59 , Executive C ommit tee called the Ga on P ancha yat co n
sisting of nine mem bers to be electe d in the m an
ner prescribe d :
Provide d th at every Gaon Sab ha hav ing a
pop ula tion over two thousand five hundred shall be
entitle d to one addition al memb er for the Gao n
Pan cha yat for every increase of population of five
hu ndred subje ct to a maxim um of eleven :
Prov ided furthe r th at the Gaon Panch aya t shall
co-opt from amo ngst the mem bers of the Gaon
Sabha , two women mem bers if no' woman is
elected, and one wom an memb er if only one is
elec ted:
Pro vided further th at wher ever five pe r ce nt
or more of the members of a Gaon Sab ha are
Scheduled Castes, the n in case no mem ber belong
ing to the Sche duled Castes is elected to the -
Gao n Panchayat, the Gaon Panchayat shall co
op t one such me mb er from among st the mem
bers of the Gao n Sab ha:
Provid ed fur the r th at whe reve r five per cent
or mor e of the mem bers of the Gao n Sabha are
Scheduled Trib es, the n in case no memb er belo ng
ing to the Sche duled Tribe s is elected to the
Gaon Panchayat, the Gaon Pa nc ha yat shall co
opt one such member from amo ngst the mem bers
of the Gao n S ab ha:
Prov ided fur the r that this repres ent atio n shall
con tinu e only as long as special representatio n
for the Scheduled Castes and Scheduled Trib es
continues to be provide d for in the Con stitutio n
of In di a:
Prov ided further th at such co-o pted memb ers
shall be in add itio n to the memb ers provided in the
first proviso to this sub-section.
(2) When th e constitution of the G aon Pan cha
yat under sub-section (1) is complete, the Dep uty
Commissioner or the Subdivisiona l Officer, as the
case may be , shall call a meeting of the Gao n Panch a
yat (which shall be calle d the first meeting of the
Gaon Pan cha yat) for election of a Pre sident and
Vice-Pr esident from amongst its mem bers in the
ma nner pres crib ed.’ ,
3
(2) In sub-se ction (3) for the woid ‘three’
occurring betw een the words ‘be ’ and ‘years’ the w ord
‘fou r’ shall be substituted.
(3) Th e existing sub-section (5) shall be deleted
and sub-se ction (6) shall be renum ber ed as sub
section (5).
Su bstit ution 5. For section 13 of the principal Act, the
of se ctio n 13 following shall be substituted, namely :—
of Assam Ac t
X X IV of
1959.
" rfCGa nn ® ^ a t e g ov ernm en t may app oin t a Secretary
P° nc ha ya t. t ^i e Gao n Panchayat who shall also function as
’ the Sec reta ry of the Gao n Sa bh a co nc ern ed :
Provide d th at one Sec reta ry may be app ointed
for more th an o ne Gaon Pa nc ha yat.”
Amen dm en t 6. In sub-section (1) of section 16 of th e pr inc ipal
o f sect ion 1 6 Ac t,—
of Assam Act
X X IV of
1959.
(1 ) in clause (e), betw een the words “ Gov ern ment”
an d “or” o ccurring in the first line, the word s ‘‘or any
edu cat ion al inst itut ion recognised by and receiving
gr an t from the Go ver nm ent ” shall be inserted ;
(2 ) at the end of clause (f ), for the pu nc tua
tion full stop, the pu nctua tio n semicolon shall be
sub stituted and the rea fte r th e wor d “or” shall be
add ed ;
(3) afte r clause ( f ), the following shall be inserted
as clause (g), na mel y:—
“ (g) has been a defa ulte r of pay ment of any
rate, tax, cess or fee imposed under sections
75 or 76 of the Act and the rules fram ed
the reu nde r or of any loan of any Co-opera
tive Society.”
7. In section 17 of the principal A ct,—
Amen dm en t (1) for sub-section (1) the following shall be
°fofCA s9 am7 substitu ted, na me ly:—
Ac t X X IV
of 1959.
“ (1) Th e Anchalik P anc hay at) as established u nder
section 5 shall consist of—
(i) all Presiden ts of th e Gao n Panch aya ts fallin g
within the ju risd iction of the A nchalik Pa n
chayat :
(ii'i one-thir d of total num ber of memb ers
und er the preced ing clause subje ct to a
4
min imu m of three to be elected in the pres
crib ed ma nn er from amongst the memb ers
of Gao n Sabha s by an electoral college
consisting of all m embe rs of th e Gaon Pan -
chay ats fallin g w ithin the juris diction of the
Anchalik Pa nc ha ya t:
Prov ided th at when one thi rd is a fraction
which is h alf or mor e th an ha lf of a whole num ber,
then the n um ber shall be roun ded to the next higher
num ber and if less shall be igno re d:
Provid ed further th at i f a member of the Gaon
Panch aya t is elected as a me mb er of the Anchalik
Pan cha yat, he shall im med iately cease to b e a mem ber
of the Gao n Panchayat;
(iii) one rep res ent ative to be electe d, in the
ma nner prescr ibe d, by the Ch airme n of
Co- ope rati ve Societies falling within the
are a of th e Anchalik Panchayat from
among st thems elv es:
Prov ided th at notwithstanding any thing her ein
con tain ed no member elected before com ing into
force of th e Assam Panchayat (Am endm ent) Act, 1964
shall be disqualified even if such member was no t
a Ch airma n of a ny Co-o perative Society at t he tim e o f
his electio n;
(iv) such num ber of member or members as
may be nomin ated by the Sta te Go
vernment from the unrepre sented areas
like tea-gard ens an d forest villages fal
lin g withi n the jurisd iction of th e An
cha lik Pa nc ha ya t.” ;
(2) for sub-section (5) the following shall be
sub stit ute d, na mely:—
“ (5) No person shall be elected, co-opted or no
minat ed an d rem ain as member of the Anc halik
Pa nc ha ya t, if he suffers from any of the disqualifi
cations men tion ed in sub-section (1) (a) to (g) of sec
tio n 16.”
Am end ment 8. Existing section 18 of th e prin cipal Act shall be
of sec tion ren um bered as sub-section (1) and the following
'I c fx x iV sha M he inse rted as sub-section (2), namely
of 19 59 .
“ (2) If the Preside nt of a G aon Panchayat is elec
ted as the President of the Anc halik Pan cha yat,
he shall, on and from the d ate of his election as such,
cease to be, an d vac ate the office of the Gao n Pa n
ch ay at bu t such cessation shall not affect in any wa y
his electio n as t he P resident of th e An chal ik Pancha
ya t as such an d he shall con tinu e to hold the
office of the Pre sident of the Anchalik Pa nchayat,”
5*
Insertion o f 9. Afte r section 18 of the principa l Act, t he fo llo w
an ew se c -j n „ gjj a ll be in serted as section 18A, nam el y:—tion I8A in a
Assam Act
XXIV of
1959.
“Add itio nal I8A. Th e Preside nt of the Gaon Panch aya t who
n?e “l b c r, vacates his office as such under sub-section (2) of
lil^ Pancha"-s e c t’o n 18 because of his having been elected as
yat. the Preside nt of the An cha lik Panch aya t shall also
be the member of such Anchalik Pa nchayat.”
Amendmen t 10. In sub-section (1) of section 19 of the pri ncipa l
ofA«am Act, f° r ^ i e word “ three ” occurring between the
Act XXIV words “ be” and “ year s” the word “fou r” shall
of 19 59. be substituted.
Sub stitution jj. For s e c tion 22 of the principal Act, the
22 oMssam following shall be substitu ted , namely :—
Act X X IV
of I95g.
“ Consti
tution of the
Mohkuma
Parishad.
22. (1) Th e Mohku ma Parishad as established
under section 4 shall consist o f -
(i) the Presidents of all Anchalik Panch aya ts
within the a rea of the Mo hkum a Parish ad ;
(ii) the Deputy Commissioner and theS ub-
divisional Officer ;
(iii) all mem bers of Parliam ent and members
of State Legislature, repr esenting the area
of the Mo hkum a Parishad ;
(iv) the Cha irmen of Municipalities, Tow n
Comm ittees and Co-operative Central Bank
fallin g w ithin the area of the Mohkuma
Parisha d as Ex-o fficio mem bers ;
(v) such Gov ern ment officials as Ex- offi cio
mem bers as the Sta te Gov ern ment may
ap po int from tim e to tim e :
Provide d th at if no pers on belonging to the
Sche duled Castes or Scheduled Tribes , as" the case
may be, is a member, the Moh kum a Parish ad shall
co-opt from within its are a one such mem ber
from among st the Sche dule d Castes or Sche duled
Trib es, as th e case may b e :
6
Provide d fur the r th at the Mohkuma Parishad shall
from within the area of its jur isd iction , co-o pt two
women mem bers if no wom an is elected and one
wom an member, if only one is ele cted.
(2) No persons shall be elected or co-o pted and
rem ain as mem ber of the Moh kum a Parisha d, if he
suffers from any of the disqualific ations mentioned
in sub-section (1) (a) to (g) of section 16.
(3) An ex-officio member of the Mo hkum a
Pa rishad shall h ave no right to vo te.”
Amendm ent 12. In section 23 o f th e principal Ac t,—
of section 23
XXI V™ A Co ‘ f W after sub-section (1) the following shall be
1959. inse rted as sub-section (2) and the existing sub-sections
(2) and (3) shall be ren um bered as sub-se ctions (3)
and (4) respectively, na mel y:—
“ (2) If the Pres ident of an Anchalik Panch aya t
is elected as the President of the Mohkuma Parishad
he shall on an d from the date of his election as
suc h, cease to be, and vac ate the office of the P resi
den t of the Anchalik Panchayat bu t such cessation
shall not affect in any way his election as the Presi
de nt o f the Mohku ma Parish ad as such and he shall
con tinu e to hold the office of the Preside nt of the
Mo hku ma Parishad .” ;
(2) for sub-section (3) as so renumbere d the follow
ing shall be sub stit ute d, na m el y:—
“ (3) Th e Mo hkum a Parishad shall form such
numb er of Standin g Com mittees and with such
powers and functions as may b e pre scr ibe d.”
Insertion o f ] 3. After section 23 of the Princi pal Act, the
don W23 A M ow in g shall be inse rted as section 23A, nam ely :—■
in Assam
Act XX IV
of 1959.
“ Additional 23A. Th e Preside nt of the Anchalik Panchayat
n?e m^ r , o f who vacates his office as such under sub-section (2)
ku m aP ar i- ° ? s e c ti° n 23 because of his hav ing been elected as
shad. the Preside nt of the Mohku ma Par ish ad shall also
be the member of such Mo hku ma Pa ris ha d.”
Amendment 14. In sub-section (1) of section 24 o f the pr im
21 of C tAs- c ip a l Act, for the word “t hree” occ urring between
sam Act the words “ be” and ‘‘years” , the w ord “ four” shall
XX IV of be substituted.
1959 .
7
Amendment
of section
27 o f As
sam Act
X X IV ot
1959,
15. In section 27 of the principal A ct ,-
(I) in sub-section (1)—
(a) in clause (a) , for item (i), the following
shall be su bstituted , namely :—
“ (i) if he suffers from any of the disqualifi
cations men tion ed in sub-section (1) (a) to (g) of
section 16
(b) for clause (b), the following shall be subs
titu ted , na mely:—
“ (b) A Presiden t or Vic e-President of a Gaon
or Anch alik Pa nchayat or a Mohku ma Parish ad
shall imm ediately cease to hold office, if by three-
fifths majority of votes of mem bers pre sen t a m otio n
of no-confidence is passed by them in a meeting
of the Gaon or Anc halik Panch aya t or the Mohku
ma Parishad, as the case may be, where at least
a min imu m of tw o-thi rds of total numb er of mem
ber s is p re se nt :
Pro vided th at at least seven days’ notice in
writing shall be given by the intend ing mover
of the no-co nfide nce mo tion to the President and
Vice-Pr esident of t he Gaon or Anchalik Panchayat or
the Mohku ma Parishad , as the case may be, be
fore such a mo tion can be discussed.” ;
(2) in sub-section (2), between the wo rds “ Vice-
Pre sid ent ” and “ o f ” , the words “or member” shall
be inserted ;
(3) in sub-section (3), afte r the existing proviso the
following shall be add ed as the second proviso,
na mel y:—
“ Provide d fur the r th at notwithstanding any thin g
conta ine d in this sub-section, the Sta te Governm ent
may, at any time, suspend a Pres iden t or Vice-Presi
dent of a Gaon or Anchalik Panchayat or Mohku ma
Par ish ad pen ding his rem oval und er tlus sub-section
if his con tinuan ce in office is considered inadvisable by
the Sta te Governm ent on any of the g roun ds for which
he may be disqualified un de r sub-section (21 of this
section or on the ground of pub lic intere st.”
£
V
„ , . . 16. For section 32 of the principal Act, the
stsection following shall be sub stituted, namely :—
32 of Assam
Act X X IV
of 195g.
32. Save as otherwise provide d, the Mo hku ma
' ofm Pp ”mch a- Parish ad may app oint such staffs may be necessary
yat staff "for the Gao n or Anch alik Pan cha yat or Mohkunw
Parishad.
8
Salary, pro motion and oth er c onditions of services
inc lud ing disciplinary action of such staffs sha ll be
det erm ined by rules to be ma de for the purpose.”
Amen dm en t l7 « Part H of sectio n 36 of the prin cipal
of sec tio n Act—
36 o f A ssam (j ) f o r item (19), the following shall be sub stit ute d,
oH 95 9 V n a m e l y : -
“ (19) establishme nt of ha t and maintena nce an d
regulation th ereo f according to the provisions of section
76A.”
^sectio n *8 * Existing section 37 of the principal Act shall
37 of C As- be ren um ber ed as sub-section (1) and in the sub-section
A«am Ac t (1) as so re num bered—
X X IV of (i ) (a) for item (6) in Pa rt II , the following shall
1959 , be sub stit ute d, namely :—
“ (6) esta blishme nt o f ha t an d maintena nce and
reg ula tion the reo f according to the provisions of sec
tion 76A ;
(b) for item (8) in Pa rt V, the following shall
be substituted, na mely:—
“ (8) preparati on of development plans for the area
under t he juris dic tion of the Anchalik Panch aya t.”
(2) After sub-section (1) as so ren um bered the
following shall be inse rted as sub-se ction (2), namely :—
“ (2) Th e State Go ver nment m ay transfer any of its
inst itut ions, works o r develop men t schemes in rela tion
to an y subject enu merate d in sub-section (1) along
with such funds as may be deem ed necessary to the
Anchalik Panchayat. On such tran sfer, the institu
tions , works or dev elopment schemes shall vest in the
Anc halik Panchayat and a ll rights and liabilities which
are enforceable by or again st the State Governm ent in
rela tion to such institutions , works or deve lopm ent
schemes under an y contract or agreemen t or otherw ise,
shall be enforceab le by or against the Anch alik
Pa nc ha yat.”
T
I
Am endn,en t 19 .
of section 38
of Assam
A ct X X I V
o f 193 9.
In section 38 o f the prin cipal Act,—
(1) the word “ an d” occurring at the end of
clause (g) shall be deleted ;
(2) for t he pu nctua tion full stop “ (.) ” occ urr ing
at the end of clause (h) the pu nc tua tio n
semicolon “ (; )” shall be substitu ted and
the rea fter the word “ an d” sha ll be
inserted ; * !
(3) after clause (h) the following shall be
inserted as clause (i), namely :—
“ (i) admi nis tra tio n of subdivisional cadre of
Pan cha yat employees as p rescribed.”
9
itoendmen* 20. In section 69 of the prin cipal Act,— of se ction r ’
Act X X IV (1) for c lause (iv), the following shall be substitu-
of 19 59 . ted, nam ely ;—
“ (lv) con trib utio n from Gov ern ment including
a share of lan d reve nue which shall be a
sum not less than thirty-three naye paise
per ca pita of the pop ula tion, and local
rat e collected f rom the area of the Gaon
Pan cha yat calculated at twenty-five naye
paise per capit a o f the pop ulation :
Provide d that the Sta te Government may dire ct the
Goan Panch aya t to spend a specified sha re of the
ne t r ece ipt o f local r ate for any purpos e specified by
the State Governm ent
(2) the word "a nd ” occu rring at the end of clause
(ix) shall be dele ted ;
(3) for the p un ctu ati on full stop "( ,) ” at the end
of clause (x) the pun ctu ation semicolon "(; )” shall be
sub stituted and ther eafter the word "a nd” be adde d ;
(4 ) after clause (x) th e following shall be Linserted
as clause (xi), namely :—
"(xi) an equal am ount of contr ibu tion from
Gover nment as ma tch ing gran t on every
rupee of house-tax collected by the Gaon
Pa nchayat under section 75(1) (i) (a) of
the A ct,”
Am end ment j l . In sectio n 70 of the p rincipal Act,— of section 70 r r »
Act X X IV ( l ) for clause (iii), the following shall be sub-
of 19 59 * stituted, nam ely •
"(i ii) all oth er sums collected by the An chali k
Panchayat or assigned to the Anc halik
A Panchayat by the Sta te Gov ern ment as
* well as g ran ts from the Un ion or the Sta te
Governmen t inc lud ing a share of
lan d revenue which shall be. a sum not
x less than seventeen naye paise per capita
of the pop ulat ion, pub lic con trib ution and
con trib ution by' Local Aut horities;” ;
(2) the word ‘an d’ occu rring at the end of
clause (vi) shall be deleted ;
t t . f —
10
<
(3) for the pun ctuatio n fullstop at the
end o f clause (vii), the punctua tion semi
colon shall be sub stitu ted a nd the re
after the w ord “ an d” be add ed ;
(4) afte r clause (vii), the following shall be
ins erted as c lause (viii) , namely
“ (viii) such am ount of con trib ution from the
Sta te Gover nment as ma tch ing grant, on
local rate surc harge collected by the
Ancbalik Pan cha yat un de r section 76(1)
(d) of th e Ac t.”
22. In section 75 of the prin cipal Act, in sub-
75 of Assam 8 c c t *o n (1 ), for item (a) of clause (i) , the follow ing
Act XXIV shall be sub stituted, nam ely s — -
o f 1959.
“ (a) house
2^‘ s e c , i o n 7 6 o f th e prin cipa l Act—
16 of Asians
Act XXIV
(1) in sub-section (1), afte r clause (c) th e
following shall be inserted as clause (d ),
na mel y:—•
“ (d) surc harge on local rat e collected from
within t he are a of an Anc halik Pancha
ya t.” ;
{2) in clause (b) of sub-se ction (2) for the
words “ brick or concrete bui lding” the
word “h ouse” shall be sub stituted.
AcscB tlm ea t 24. In section 76A of t he princi pal Actor section
Ac t^J oS v" ( 0 f o r sub-section (4), the following sha ll be
o f 1959. substitu ted, na mel y:—
“ (4) All sale proceeds of hat s shall be dep o
sited in the Subdiv isions! Ru ral Deve
lopm ent Fun d and dis trib ute d in the
man ne r her ein after pro vided after
ded ucting the amoun t due. if any , as
ann ual instalme nt for rep aym ent of
the loa n with interest inc urr ed by a
Gao n or Anchalik Panch aya t for the
imp roveme nt of h at : —
0) if the bala nce of the sale proceeds of any
hat aft er providi ng as aforesaid, for
rep ayme nt of loan, if any , does not
exceed rupees thre e tho usand, then
the entire amount shall be made over
to the Gao n Panch aya t within whose
jurisdiction the ha t is sit uate j
1 1
(/ «) if the balance of the sale p roca eds of any
hat after providi ng for repaym ent o f
loa n, if any , as aforesaid exceeds
rupees thr ee tho usa nd bu t does not
exceed rupees ten tho usand, then a
sum of rupees three thousand shall go
to the Gao n Panch aya t wit hin whose
jur isd iction the ha t is situate an d the
balance to the Anchalik Pa nc ha ya t
within whose jurisd iction the ha t is
situate ;
(ti») if the balanc e of th e sale procee ds of any
ha t after providing as aforesaid for
rep ayme nt of loan, if any, exceeds
rupe es ten thousand, then a sum of
rupees t hre e thou sand shall go to the
Gao n P anchayat wit hin whose juri sdic
tion the ha t is situat e a nd a sum of
rupees seven thousand shall go t o the
Anchalik Panch aya t within whose
jurisd iction the ha t is s itua te and the
bal anc e shall go t o a common pool ;
(u > ) five pe r c ent of the co mmon pool shall be
kep t for m eeting the expenses of con
ducti ng the sale of hat s an d one-
third of the balance be dis trib uted
amo ng all the Anchalik Panch aya ts
and the rem aining two-thirds among
all the Gao n Pan chayats within the
area of th e Mohku ma Parishad . Th e
basis of d istr ibution shall be area-« rwt-
pop ulation in bo th the cases.” ;
(2) for t he punctua tio n full stop " (. )” occu rrin g
at the end of sub-section (5), the punc
tua tion colon “ (;) ” shall be su bsti tute d
an d the following provis o shall be added
the reafter , namely
‘’ "Provided th at th e Gao n or Anc halik Pa ncha
ya t which receives a loan for improve
me nt of a ha t, shall continue t o ma intain
and regulate the h at till the en tire am oun t
of loan with i nte res t is repa id.”
25, R ep ea l a n d sav in g .— (1) Th e Assam Pan - Assam O rd h
ch ay at (Am endment) Or din ance, 1964 is hereb y nance No .I
repe aled . o f
(2) No twithstanding such rep eal, any thing do ne
> or any action tak en un de r the Assam Pa nc ha ya t
, (Am end ment) Or dina nc e, 1964 shall be deem ed to
have been don e or taken under this Act as if this Act
had comm enced on twe nty second day of Ja nu ar y,
1964 (the date of prom ulg ation of the Or din ance).
A G P (Leg) 27/64—7, 61 2-16 -7-64