LexThe Assam Panchayat (Amendment) Act, 1966
Assam · state statute
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The 31st March 1967
No.L JL.50/65/9.—Th e following Act of the Assam Legislative Assembly
which ^received the assent of the Governor is hereby pub lish ed for general
info rma tion .
ASSAM ACT V OF 1967
(R ec ei ved th e a ss en t o f th e Gov er no r on t h e 30 th M ar ch , 1967)
TH E ASSAM PANGHAYAT (AMENDMENT) ACT, 1966
[ Published in the Assam Gaz ette , Extra-or din ary , d ate d th e 1st April, 1967]
An
Act
fu rth er t o a m en d t h e A ss a m Pan ch ay at A ct , 1959
Preamble. Whereas i t is exp edien t fur the r to amend the Assam Assam Act
Pa nchayat Act, 1959, here inafter called th e prin cipal c t
Act, in the ma nner her einafte r appear ing ;
Short title,
extent and
commence
ment
2
It is hereby enac ted in the Seventee nth Year ol the
Republic of India as follows :—
1. (1) This Act may be called the Assam Panchay a t
(Amendm ent) Act, 1966.
(2) It shall have the like e xten t as the principal
Act.
(3) It shall come into force on such date or dates
as th e State Gov ernm ent may, by notification in the
official Gazette, app oint.
of^S ectkr )1 1! ^ e c t*o n I °f the principal Act, alte r sub -sec *
of Assam' ti o n (^ ) l ^ e Allowin g shall be inse rted as sub-section
Act XXIV (2A), namely :—
of 195 9.
“ (zA) Notwith stan ding any thing contained in s bi
section (2), the State Governmen t may , by notification
in the official Ga zet te, declare that any area included
under ub-section (2) of Sectio n 5 wit hin the territo
rial jurisdictio n of an Anth lik Panch aya t shall be
directly administ ered by that Anchalik Pancbay a;
for the purposes o f this Ac t.”
Amendment
of Section 2
of A s s a m
Act XX IV
of 195 9.
3. In Section 2 of the prin cipal Act, in clause (19)
bet we en the words ‘'Anch alik Pan cha yat s” , ami
“ Municipal Boards” the word s “ Mohku ma ParishaHs
followed by a comma “ (,)” shall b e in serted.
Amendment
of Section
11 of Assam
Act XX IV
o f 1959.
4. Jin Section 11 of the prin cipal Act,
(1) in sub-section (2), the words at the beginning
“When the Con stitu tion of the Gao n Pa nc ha yat under
sub-section (1) is com plete,” shall be deleted , and the
word “ th e” occurring ther eaft er shall begin with the
cap ital letter “T ” ;
3
(2) after sub-section (5), the following shall be
inserted as sub-section (6), namely :—
“ (6) When any a rea is in cluded in or exclude d from
the ter ritori al juri sdictio n of a Gao n Sabha under
sub-section (2) oi Section 3 of this Act, the Gao n Pan-
cha yat constituted lor t > said Gao n Sab ha shall stand
dissolved and the State Go ver nment shall make such
altern ative arra ngement- as m ay be deem ed necessary
for carrying out th e func tions, duties and powers of
the Gao n Panchayat so dissolved till a Gaon Pancha
ya t is reco nstitut ed for the Gaon Sab ha in the manner
provided i n this A ct :
Provid ed t ha t when a Gaon Panchayat is dissolved
unoer thi s sub— ection during the curr ency of its
ter m, she ter m oi the Gao n an ch ayat reco nsti
tuted und er this sub-section shall be till the expiry of
the term of the G aon Pan cha yat dissolved under this
sub-section.”
Am en dm en t t n Sectio n 11 of the prin cipa l Act,—
of Sec tion 14
oi Assam
Act X X IV
of 1959.
(1) in sub-Secdon (3 for the punct uat ion full
stop “ (.)” occurring at the end, the punc.na tio n colon
“ ( shall be sub stitute d and the following proviso
shall ther eafter be add ed, na mely;—
“ Provided th at if the Pres iden t fails to call the
special meeting to be he ld within seven days from the
da te of receipt of the requisition , the Deputy Com
missioner or the Subd ivisio nal Officer, as the case
may be, on being satisfied th at a due requisition has
been giver), may call such a special meeting to be
held in the office of the Gaon Panchayat in such
ma nn er as may be prescribed.” ;
(2) in sub-section 5), in clause (i> ), between the
words “ election” and “ or” the words “ co optio n”
preceded by the pun ctua tion comm a shall be in
serted ;
(3) in sub-section (9), between the w ords “record
ed” and “in ” the wor ds “ by the Secr etary or in bis
absence by the President or by such member as n ay
be auth orised bv the Preside nt” shall be inserted.
Am en dm en t 6. In Section 17 of the prin cipal Act,—
of Secti on 17
of Assam Act ( j ) j n clause (iv) of sub-section (1), the words ‘ and
Gram Sabhas c nstituted und er the Assam Gra rodan
Act, 1961 (Assam Act I of 1962)” shall be inserted,
betw een the words ' ‘villages” and “ falling” ;
4
(2) afte r sub-section (5), the following shall be
inse rted as sub-section (6), name ly: —
“ (6) When any area is inclu ded in or excluded
from the territo rial jurisd iction of an Anchalik
Panchayat under sub-section (2) of Sectio n
5 of this Act, the Anchalik Panchayat consti
tu te d und er Section 17 for the said Anchalik Pan
cha yat are a shall stand dissolved, a nd th e S tate Govern
me nt shall make such a lter native a rrangem ent s as may
be deem ed necessary for carrying out the functions,
duties and powers of the A nchalik Panch aya t so dis
solved till an Anchalik Panchayat is re constitu ted for
the Anchalik Pan cha yat area in the m ann er prov ided
in this A ct :
Provided th at w hen an Anchalik Panch aya t is dissol
ved under this sub-section during the currency o f its
term , the term of the Anchalik Panch aya t recon stitu ted
under this sub-se ction shall be till the expiry of the
term o f the A ncha lik Pan cha yat so dissolved.”
A iu en dm en L 7. jn Sectio n 18 o f the p rin cip al Act, in sub-section
of^A ssLm the words at the beg inning “ When the constitu-
Act XX IV tio n of an Anc halik Panchayat under Section 17
of 1 95 9, is com plete” shall be deleted , and the word “ the”
occurring ther eafter shall beg in with the cap ital
le !er“ T ” ,
Amendment 8. Existing Sectio n 18A of the princi pal Act, shall
of Section be renumbere d as sub-se ction (1) and aft er sub-’
18A of se ct io n (1) as so renumbere d, the following sh all be
X3O V of inserted as sub-section (2), namely -
1959,
“ (2) Not wit hstand ing an yth ing contained in sub-sec
tion (1), if for any reason the Pres ident of th e A nchalik
Pa nc ha ya t is to vac ate his office o f the P resident he
shall con tinu e to be the me mbe r of the Anch alik Pan
chayat.”
Amend men t 9. In Section 22 o f the principa l A ct,* ™ »
of Section
22 o f Assam
Act XX IV
of 195 9„
(1) in sub-sect or, (S), for clauses (i) and (ii), the
following shall be subst ituted , namely
“ (i) (al the Pres d ents of all Anchalik Pan chayats
within the area of the Mohku ma Par ishad, and
(b) one mem ber to be electe d in the ma nner pre s*
crib ed, by each o f the A nchalik Panch aya ts within the
are a of the Mohku ma Parish ad from amongst the
mem bers of the Gaon S abhas of the Anc halik Panch aya t
co nc erne d;
(ii) the Deputy Commissioner an d the Subdivi-
sionaPOfficer or the Sadar Subd ivisio nal Officer, as th e
case m ay be .”
5
(2) after sub-section (3), the following shall be
inserted as sub-section (4), namely :—
“ (4) When the are a of ope ration of a Mohkuma
Parishad is alte red or reduced under sub-se ction (2)
of section 4 of this Act, the Mo hku ma Pa rish ad shall
stan d dissolved and the Sta te Governm ent shall make
such alternativ e arrangemen ts as may be deem ed neces
sary f or carryin g ou t th e fu nctions, dutie s and powers
ol the Mohkuma Parisha d so dissolved till a Moh kum a
Parisha d is rec onstituted for the Mohku ma Parishad
area in the man ner provided in this Act:
Prov ided th at whe n a Mohku ma Parishad is dis
solved under this sub-section during the currency of
its term , the term of the Moh kum a Parishad reconsti
tuted under this sub-section shall be till the expiry o f
the term o f the Moh kum a Par ish ad so dissolved,”
Amendmen t 10. In Section 23 of the prin cipal Act,—
of Section
23 o f Assam
Act X X IV
Of 1959,
(1) for t he existing margin al notes, the following
shall be subs tituted, namely
“ Election of the President an d Vice-Pr esident of
a Mo hku ma Par ish ad” ;
(2) existing sub-section (3) shall be deleted.
Insertion of H . After Section 24 o f the prin cipal Act, the follow-
Se cti on 24a ing shall be inserted as Section 24A, na mely:—
in Assam
Ac t XXIV
of 1959,
“ Standing 2 4 A (1) Th e Moh kuma Parishad shall form such
Committe e num ber of Stand ing Comm ittees with such powers and
ma M °Pari" f u n c t ’o n s a s m a Y be conside red necessary b y it.
shad and its
powers and
functions.
(2) Wi tho ut prejudice to the gen erality of fore
going row ers, the Mo hkum a Parisha d shall form the
following Sta nding Com mittees, na mely:—
(a) the Pla nning and Ad ministrat ion Com mit
tee ; and
fbl the Agricu ltural Production Committee.
(3) Th e Plannin g and Adm inistration Com mitte e
shall consist of th e following m embers, na mely:—
(i) the Deputy Commissioner who shall be
the C hairma n of the Comm ittee ;
(ii) the Subdivision al Officer who shall be the
Vic e-Chairma n of th e Co mm ittee ;
(iii) five members to be selected by the
Mohku ma Parishad from amoDgst its
members'!;
6
(iv) all Head s of t he Development Dep artm ents
in the District and Subd ivisio n ; and
(v) the Secretary of the Mohkuma Parishad
who shall be th e Secretary of the Com
mittee.
{i) Th e powers and functions of the Planning and
Adm inistrati on Com mittee shall be as f ollo ws:—
■ i) to pla n Schenu s for Developmen works ;
(dj to A im mister Subd ivisional cad re of
panchayat personnel in du ci ng their
appointme nt, promotion , transfer, pun ish
men t, etc ;
(di) to review and co-o rdinate works of Ancha
lik Panchayats and o bta ining co-ordination
at all levels , and
(iv) io yet form such othei duties and functions
as m ay be assigned to it by t e Mohku ma
Pat ishaci.
(Si Th e Agricultural Prod uction Comm itte e shall
consist of t'nefollow in mt -mb os, naa.cdv :—
(i) the Deputy Com issioner who shall be
the Chairma n of the Comm ittee ;
(ii) the Subdivisi nal Officer who shad be the
Vice -Chairma n of the ommittee ;
(id) five members to be selected by the
Moh kujn a Parisha d from amongst its
memb ers ;
(iv) Subdivisional Planning Officer ;
(v) all District or Subdivisi nal Officers of
Agriculture, Vete rinary, Animal Husb andry,
Co-operatio n, Fisheries, Panch aya t and
Com mun ity Development ; and
(vi) the Com mittee may co-opt two non-
officials as memb ers
(6 Th e powers and functions of the Agric ultural
Pro duction Com mittee shall be to pla n and co-o rdi
nate th e activ ities of the De partm ent concern ed, (» «£ .,
Agriculture. Veterina ry, Anim al Husb andry, Co-ope
ration , fisheries, Pan cha yat and Com mun ity Develop
men t in the m atter of the Agricu ltural Production.
Th e Chairma n shall appo n t a Sec reta ry of the
Com mittee who shat! also be a member of the Com
mittee.
(7) There shall be a Fin anc e Committee consisting
of Members as prescrib ed.
(8) Th e powers and functions of the fin an ce Com
mittee shall be to scrutinize the income of hkum a
Parishad, Anchalik Panchayats and Gao n Pan chavats
and also the exp end itur e incurre d in different plans
and prog rammes take n up by the Mohku ma Parishad ,
Anchalik Panchay ats and Gaon Pan cha yats from time
to tim e.”
A nen drn cnt 12. in Section 25 o f the prin cipal Act, for the words
of Section 25 < <a Secretary” occu rring between the words “ an i”
XXIV" Aof a n c* “ app oin ted ” the words “an Executive Officer
1959. ram-Se cretary” shall be substitu ted.
13 . In Section 27 of the principal Act,—
Amendment (1 _ ) in sub-se ction (1), in clause (b), at the end of
of Section the proviso, for the pun ctua tion full st op“ ,. )” the
Ac°f XXIV P u n c t u a t ’o n ' °l c n M substitu ted and
of 1959. thereafter the following provisos shall be inserted,
namely :—
“ Provided furthe r th at such m eeting o f the Gaon
or A nchalik Pan cha yat or Mohkuma Pa nshad where
a motion of no-confidence is discussed shall not be
presided over by the President or the V ice-President,
as the case may be, aga ins t whom the mo tion of
no confidence is brou gh t:
Provided fu rthe r t ha t no no-confidence motion
aga inst the President or the Vice-Pr esident of a
Gaon Pan chayat shall be moved wit hou t prior
a, 1 va' of the Deputy Comm issioner or the Sub-
divisional Officer , as the case may be :
Provid ed further tha t no no-confidence moti on
shall be bro ugh t aga inst the Pres iden t or the Vice-
President conc erned within a period of six months
from the date on whic h a motio n o f no-coDhdence
is disallowed under the preceding pro viso ” ;
(2) in sub-section (3), for the words, figure and
bracket “ sub-section (1)” occurring between the words
“ of” and “ or” the woids, figure, bracke t an d letters
“ sub-section (1) (a) and (c)” shall be substituted.
Su bstituti on 14 . For Section 28 of the p incipa l Act, the
of Section following shall be subs titute d, name ly: — -28 of Assam &
Act XX IV
of 195 9.
“ Filling ;? 8. If a vacancy in the office of the President
u p ca su al. o r Vice-President or the mem ber of an Anc halik Pan-
anCAn chali k c hay at or Mohkuma Paris had occurs by reaso n of
Panchayat dea th, resignation or removal or otherwise, such
or Mohkum». vacancy shall be filled up as early as possible in
Pan sha d. m a n n e r prescribed.”
Amendm ent 15. In Sectio n 29 of the prin cipa l Act,—
of Section
29 of Assam
Act XX IV
of 1959.
(1) in sub-section (3) for the punctua tio n full
stop occ urring at the end , the punctuation colon
shall be substituted and the following proviso
shall be added thereafter , na mely:—
“ Provided th at if the Secretary fails to call tfie
special mee ting to be held wit hin seven days from
8
the date of receipt of the requisi tion , th e Deputy
Comm issioner or the Subd ivisional Officer, as the
case may be, on bei ng satisfied th at a due requisition
has been given, may call such a special meeting
to be held in the office of the Anchalik Panch aya t
in such m anner as m ay be prescr ibe d.” ;
(2) in sub-section (5), in clause (ii), between the
words “ elec tion ” and “ or” the words “ co-o ptio n”
prec eded by the pu nc tua tio n comma shall be
in "ted ;
in sub-section (8) , b etween the words “ rec ord ed”
an d * at” , the words “ by the Secr etary or in his
absen ce by such othe r officer as may be auth orised
by the Preside nt” shall be inserted.
Ame ndm ent 16 . In Section 30 of the princi pal Act, sub-section
of Section ( 5 ) s h a l l b d e l e t e d .
30 o f Assam v ’
Act X X IV
of 1959.
Insertion of 17. After Section 31 of the principal Act, the follow-
*n S s^ a ^ * n s e r t e 8 a s Section 31 A, nam ely :—
Act X X IV
o f1 959 .
“Panel of 31A. Notwithst anding any thin g con tained in this
th ^G ao n ^ C t o r t ’l e r u ^e s m a de thereu nder, the Gaon or Ancha-
or^nchalik Pa nc ha yat or the Mohkuma Parishad , as the case
Pan cha yat may be , may at a mee ting conv ened expressly for the
or Moh ku- purpose wit h due n otice at the begin ning of every
sh ad i> a n" c a ’en <^a r y e a r o r t t l e ® r s t m e e t in 8 o r in the nex t
succeeding mee ting afte r eac h election, elect a pane l
of Presidents for the calen dar yea r to exercise the
powers and perform the d utie s of the President unde r
this Act or rules made the reu nde r whe n the office of
the President is vacan t or the Pres ident is abse nt or is
inc apacitated and th ere is either Vacancy in the office
of Vice -President { or the Vice-President is also absent
or is incapa citate d to exercise th e powers and perform
duties of the President :
Provide d th at if the Gao n Pan cha yat fails to elect
such pan el of the Presidents, the Block Development
Officer concerned may a ppoin t su ch a panel of Presi
de nt for the Gao n Panchayat :
Provided further th at if the Anch alik Panchayat or
the Mohku ma Parishad fails t o elect such panel o f the
Presidents, the D eputy Commissioner or the Subdivi-
sional Officer, as th e case m ay be, may appo int such
panel of the Presidents for the Ancha lik Panchayat or
the Moh kum a Parisha d, as the case may be.”
9
» 18. In Section 32 of the principal Act,-—
Am endm ent (1) for the punct uat ion full stop occ urri ng at
ol Section 32 the e nd o f the first para, the punct uat ion comma
X X IV m A of shall be sub stitu ted and then words “ which
1959, ' shall be exclusive of such staff as may be app ointed
by the Sta te Gov ern ment from time to tim e” followed
by the punctu atio n full stop “ (.) ” shall be inserted ;
(2) at the end of th e second pa ra, for the p un ctu a
tion full stop “ (•)” the pun ctuatio n colon “ (:) ”
shall be sub stitu ted and ther eaft er the following pr o
viso shall be ad ded, na mely:—
“Prov ided th at all employees except Gao n Pan cha -
yat Secretaries appoint ed by the Gaon or Anchalik
Panch aya t or the Deputy Commissioner or the Sub-
divisional Officer, as th e case may be, before the date
of coming into force of the Assam Pan cha yat First
(Amendm ent) Act, 1964 (Act VII of 1964) shall be
deemed to be app oin ted by the Mohkuma Parishad
und er this Ac t.”
Substi tution 19, For Section 35 of th e principal Act, the follow-
of Section 3S jng shall be substitute d, namely :—
of Assam
Act XXIV
of 1959.
'‘Incorpora- 35 . Every Mohku ma Par ishad, every Ancha lik
tton of Panch aya t and every Gaon Panch aya t shall by the
a °r t ° r n a m e n o t ified under Sections 4, 5 and 1 1 respectively
Pan cha yat a body corporate having per pet ual succession a nd a
or Moh ku - common seal and shall subject to any restrictio n or
ma Pari- condition prescribe d under this or any other ena ctment
4h ad . j n f o rC e, have power to acqu ire by purchase, gift o r
otherwise, to hold, adm inis er and tran sfer propert y,
both movabl e and immo vable, and to enter into any
con trac t, and shall by the said nam e, sue or be sued,
and do all oth er thing s necessary for the purposes of
this Ac t.”
Substitution 20. For Section 38 of the prin cipal Act, the following
of Section 3s s ball be sub stit ute d, nam ely :-— of Assam A ct
XXIV of
1959.
“ Duties, fun- 38 . (1) Th e Moh kum a Parisha d shall perform the
tions and following d uties, namely :—
powers of
Mohkutna
Parishad.
(a) to scrutinize and approve the budgets of the
Anchalik Pan chayats in accord anc e with
the d irections issued by the Sta te Govern
ment and then to issue necessary instructions
to t he Anchalik Panch aya t concern ed for
modifications of th eir budget wher e consi
dered necessary:
10
Pro vided ih at if t he budget is no t scrutinised
an d communication, made as aforesaid within a month
of receipt, it shall be take n as appro ved;
(b) to supervise, guide and co-o rdin ate the
activ ities of the Anc halik Panch aya t;
(c) to review an d eva luate the activitie s of the
Panchayats ;
(d) to settle hats and the public ferries oth er
than Gov ern ment ferries and to fix and revise rents
and tolls thereo f ;
(e) to settle Panch aya t fisheries by sale in
auction or by inviting tend ers ;
(f) to reg ulate, main tai n and improve the bats
and public ferries oth er than Governme nt ferries in
case o f defa ult by the Goan or Anc halik Panchayat ,
as the case m ay be ;
(g) to adm inis ter subdivisional cadres of Pan
chayat employees in the ma nner prescribed ;
(h) to co-o rdin ate an d consolidate the plans
pre pared in respect of the D evelopment Blocks and to
pre pare plan s in respect of the subdivision ;
(i) to distribute fund s to the Ga on and Anc ha
lik Panchayats as may be ent rusted by the State
Gov ernmen t ;
(j) to advise Sta te Governmen t on all develo p
me nt ma tters incl udin g pre paration of d istric t plans ;
(k) to advise in such oth er matter s as may be
referr ed to it by t he Sta te Governme nt ;
(l) to advise the Deputy Com missioner an d the
Subd ivisio nal Officer, as the case m ay be, in the
distrib ution of Subd ivisiona l Ru ral Develop men t
F und;a nd
(m) to draw up special prog ram mes for Back
ward Glasses w ithin its area.
(2) Th e Moh kum a Parish ad shall have the fol low -,
ing powers, namely ■
(a) to enter int o an d inspec t any immovable
or movable propert y in the occupation or
control of, or any work in progress under,
the direction of a Gao n or Anch alik Pa n
chaya t ;
(b) to call for and insp ect any doc um ent which
ma y for the purpose of this Act, be in the
possession of a Gao n or Anc halik Pan cha
yat ;
(c) to supervise all reve nue matter s entrusted
to a Gaon Panch aya t ;
(d) to he ar appeals filed by any perso n aggrie
ved by the assessment, levy or imposition
of any ta x or fee by the Anchalik Pan cha
yat as prescribed ; an d
11
(e) to approve bye-la ws prepar ed by the Gao n
Pan cha yat.
f3) Th e Moh kum a Parisha d may con struct and
ma int ain road s, culv erts, bridges and emb ankmen ts
and irriga tio n projects within its are a which in its
opin ion the Anc halik Panchayat is not in a position
to do so or the expenditu re involved in any suc h indivi
du al project is bey ond such limit as m ay be prescribed
by th e State Gov ernm ent,
(4) Th e Moh kum a Parishad shall hav e such
other powers and functions as m ay be assigned to it
bv the Sta te Gov ernm ent, from time to tim e.”
A
J*
Am endm ent 21. In Section 41 of the principa l Act,— ot Section 41 1 r >
of Assam
Ac t X X IV
of 1959.
(1) in the margin, afte r the words “ Anch alik
Pa nchayat” followed by the punct uat ion full s top
the words “ or Mohkuma Pa ris had” followed by
the pun ctuatio n full stop “ (.) ” shall be inserted ;
(2) in sub-section (1), between the words “ Anc ha
lik Pan cha vat ” an d “ma y” the words ‘‘or Moh
kuma Pa rishad” shall be inserte d.
(3) in sub-se ction (2), between the word s “ An
chalik Pa nc ha yat” an d “ ma y” the word s “ or
Moh kum a Parishad ” shall be inse rted .
ofSection^? 22. In Section 42 of the princ ipa l Ac t,—
of i Assam
Ac t X X IV
of 19 59 .
(!) in the margin, between the words “Anc halik
Pa nc ha ya t” an d “a s” the words “ or Mohku ma
Pa ris had” .shall be inserted,
(2) the wo"ds “ or Mohku ma Parishad ” shall
be inserted betw een the words “ Panchayat’* and
“ sha ll” .
Amendment 2 3. In Se ctio n 44 of the prin cipal Act, the words
of Asim “ or Mo hku ma Parishad” shall be inserted after the
Act XXIV wo rds “ Anchalik Pa nchayat” wherever the same
of 19 59 . occur,
of'sec tioT^1 24. In Section 48 o f the p rin cip al Act, between the
o f Assam wor ds “ Anc halik Panchayat” an d “or” the wo rds “ o f
Act X xiv Mo hkum a Par ish ad” shall be inse rted .,o f 1959.
Amendment
of Section 49
p { Amm
Act XXIV
& 19 & 9,
25. In Section 49 of the principal. Act,—.
12
(1) in sub-section (1), for the pu nctua tion full
stop occurring; at the end of sub-section (1),
the p un ctu ati on colo n )” shall be sub stituted
and the rea fter the following proviso shall be added,
na mely;—
“ Provided that the co-op ted mem ber shall have
no r igh t to vote or hold office.”
Amen iment 26. In Section 51 of the princi pal Ac t,—
c f Sectio n 5 1
of Assam
Ac t X X IV
of 1959.
(1) betw een the words “ Anchalik Panchavat”
and “ ma y” the words “or Moh kum a Parishad”
shall be inserted ;
(2) for s ub-section (3), the following shall be sub
stitut ed, nam ely:—
“ (3) Bye-laws prep are d by the Anchalik Pan cha -
yat or Mohku ma Parish ad shall tak e effect only
aft er they have been app roved by the State Gov ern
men t.” ;
(3) after sub-section (3), as so sub stitute d the
following shall be inse rted as sub-s ection (4), nam e
ly
“ (4) Bye-laws pre par ed by the Gaon Panch ava t
shall take effect only after they have been approve d by
the Mohku ma Pa ris ha d.”
Amendment 2 7. In Section 60 o f the principal Act, between the
of Section 60 words “ Anchalik Pa nc ha yat” and “ as” punctua -
of A ss am tion com ma “ ( , )” shall be deleted an d in th at
o fC tl9V^ J V P^ a c e t ^i e words “ or Mohkuma Parishad ” followed
by the punctua tion com ma “ ( , )” shall be inse rted.
Am end me nt 28. In Section 63 of th e prin cipal Act,—
o f Sec tion 63 ‘
o f Assam
A c t X X I V
o f 1959.
(1) in the ma rgin, afte r the words “ Anchalik
Pan cha y.it ” the full stop “ (.)” shall be deleted and the
words “ < > r Mohku ma Par ish ad” shall be inserted
followed by a full stop ;
(2) between the words “A nchalik Pa nc ha ya t”
and “ma y” the words “or Moh kum a Pa ris ha d”
shall be inserted-
13
bu^ stitu - 29. For Section 68 of the Princi pal Act, the following
bon of S ec- s jja jj k e sub stituted, namely :—
tio n 68 ot 1
Assam Act
XX IV of
195 9.
“ The Gaon 68 (1). In every Gao n and A nchalik Pa nc ha ya t and
a °d An^h a" Moh kum a Parishad con stituted und er Sections 11 ,5
ch ay atan d a n d 4 t ^1*s Act respectively there shall be
Mobk uma a fund vested in the Gaon or Anc halik Pan cha yat
Paris had or Moh kum a Par ishad, as the case may be, which
Fun ds. shall be called Gaon Panchayat Fund, Anchalik
Panchayat Fund and Mobkuma Parishad Fun d
respectively and shall be utilis ed by Gaon Panch aya t
or A ncha lik Panch aya t or Moh kum a Parishad , as the
case may be, to m eet charges in connection with their
duties under this Act. Th e accounts of the Gao n or
Anc halik Panch aya t Fun ds shall be kept in the pres
cribed manne r.
(2) A Mohkuma Parisha d f und shall be adm inis
tered by the Execu tive Officer-cztf«-£x-0#i«0 Secr etary
of the Moh kum a Parishad an d shall be held in a
curre nt, fixed o r saving account with the Sta te Bank or
the Assam Co- operative Apex Bank ; and /or in postal
Savings B ank, if so direc ted by th e Sta te Governm ent.
Th e accounts of such Mohkuma Parisha d fun d shall
be ope rate d by the Exec utive Officer-cazw-Secretary of
th e Mt hkum a Parishad. ”
Amendment 30. In Section 70 of the princi pal Act, for clause (vii)
ot .s ec tio n 7 0 th e following shall be sub stituted, na mely: —
o f Assam
Ac t X X IV
ot 1959.
“ (vii) all sums a ccruing to the Anchalik Panchayat
from public ferries according to th e provision of Section
76B of this Ac t.”
Insertion of 31. After Section 70 of the prin cipal Act, the follow
an ew Sec- ing shall be inserted as Section 70A, namely :— -
tion 70A in
Assa m Act
XX IV of
1959.
“Credits t o 70A. Th e following shall be cred ited to the M'ohku-
thc Mohku- ; n a p a r js (. ,a <j F u n ( J ; —.
ma Parishad
Fun d.
(t) all sums accruing or proceeds or any
assessment assigned to the Mo hkum a Parishad
and fines realised under this Act or rules or bye
laws fram ed the reu nder ;
(ii) all other sums collected or assigned to
the M ohkuma Parishad und er the provisions of
this Act inclu ding grants given by the Un ion o r
the State Governme nt, public dona tions and
contributio ns by local authorities ; and
14
Amendm ent
of Section 7I
of Assam
Act XX IV of
195S.
32 .
(iii) all sums received by way of loan or gift
or otherw ise and all sale proceeds received by
the institutio ns of th e Moh kum a Parisha d.”
In Section 71 of the prin cipal Ac t,—
G) in the marg inal hea din g afte r th e words “ Anc ha
lik Pan cha yat ” the words “ and the Moh kum a Pa ri
sh ad ” shall be in serted ; and
(2) in the main provision after th e words “Anchalik
Panchayat” the comma shall be deleted an d
the words ' ‘and the Mohku ma Pa ris had” followed by
a comm a shall be inserted.
Am endm ent. 33. In Sectio n 72 of the prin cipal A ct, —
of Section
72 of Assam
Act XX IV
of 195?.
(1) in the margin, betw een the words “ Anchalik
Pan chayat” and “ fund” the words “ or Moh kuma
Parishad” shall b e inserted;
(2) in clauses (bj to (i) the words “ or Moh kum a
Pa rishad” shall be inserted afte r the words “ Pa ncha
ya t” where-ever it occu rs.
Insertion of 34. After Section 73 o f the p rincipal Act, the follow-
Seetion 73A j n g shall be inserted as Section 73A, namely :—
io Assam
Act X X I V
of 1959.
“ Pre para
tion of bud
get of the
Mohk uma
Parishad.
lik Pancha
yat.
73A. A Moh kum a Parisha d shall at such time and
in such form as m ay be prescribed pre par e an d submit
a bud get, showing; the probable estimate of receipts
and expen diture it proposes to inc ur a nd may , from
time to tim e, lurnisb a sup plementary estim ate pro
viding a ny mod ification which it may deem advisable
to make in the dis trib ution of the am ount so raised
and expe nded in each financial year to the Sta te
Governme nt for approv al. ”
Substitution 35, For Section 76 of princ ipal Act, the following
of Se cti on be s ub stitut ed, na mel y: —76 of Assam
Act XX IV
of 1959.
“Pow ers of 76. (1) Sub ject to the rules and bye-laws fram ed
taxation of jn t p6s respect and subject to appro val of the Sta te
t e ■ nc a- Qo v e r n m e n t > a n Anch alik Panch aya t may impose
following taxes and char ges in addition to the existing
local rate s collected from the area dir ect ly adm iniste r
ed by the A nchalik Panchayat 8 —
(a) tax on,—
(i) fisheries allo tted to the Anch alik Pan-
chav at ;
;ii) cult ivable lan d lying fallow for two
consecutive year s with out any reaso n a t a r&te
a
13
*
J no t exceeding twenty-five paise per standa rd
bigha being pay able jointly or severally by
those who are in possession of such lands;
fiii) house, supp ly of wa ter, conservancy and
lighting at such rate as p rescribed in the areas
directly administered by the Anc halik Panc ha-
y a t;
(b) cess or wa ter r ate for recovery of cost of minor
irri gat ion works take n up w ithin an Anchalik
Panch aya t and such levy as m ay be necessary
for the purpose of the ma inte nan ce and
rep air of such works ;
(c) licence fee in respect of carts, carriages,
cycles, boats a nd for driving carts an d car ria
ges ;
(d) surcharge on focal rat e collected from within
the a rea of Anchalik Panch aya t ;
(e) licenc e fee for cinem a halls, circuses, profes
sional variety shows, lairs, brick and tile
kilns, confectionery and back ery, saw mills
and tim be r dep ot, bam boo stalls, oil and
rice mills in spite of provisions of other
Acts ; an d
( i ) licenc e fee for tea stalls, hotels, sweetmeat
shops, restaura nts and collection of hides
and bones in areas directly adm inis tere d by
the Anch alik Panch aya t in the ma nner pres-
cribed.
(2) Th e taxes und er sub-section (1) shall be imp o
sed, assessed and realised at such tim e and in such
ma nner as may be prescribed.
(3) Any perso r aggrieved by the assessment, levy
or imposition of any tax or fee under this Sectio n may
app eal to the Mohkuma Parishad whose decision shall
be final.
(4) Th e State Governm ent may suspend the levy
or imposition of any tax or fee and may at any tim e
rescind such suspension.”
A t,en d meat 36. In Sectio n 76A of the principal Act, for sub-
?R 4 Se ed on s e ctjo n she following shall be substitute d, namely :—
ss m°A c * "t 'W Subject to sub-section (2), all hats with in the
X X I v of jurisdictio n of a Mohku ma Parishad shall be settled
i959 . in t he prescribed ma nner for a period of one year
byjinvi ting tende rs or by p ublic auction to be held in
the office o f the Mohkuma Parisha d or the Anchalik
Pan cha yat within whose juri sdic tion the par ticula r
ha t or hats a re situate by a Com mittee constituted by
the Mohku ma Parishad in the ma nner prescribe d :
Provided th at in case of failure to settle at.y ha t
for want of ade qua te bid even ah er a second sale, the
Gaon or the Anch alik Panch aya t concern ed, as may
be decided by the Mohkuma Parishad , may be entrus
ted with the dir ect m ana gem ent of the h a t:
16
Provided fur the r that! b alan ce of proceeds after - i
me eting cost o f direct manag ement shall be dist ribu ted
according to the piovisions of sub-section (4) by the
Moh kum a Parishad .”
(2) For sub-section (4), the following shall be substi
tuted, na mel y:—
“ (4) All sale proceeds of hats shall be deposited
in t he Mohku ma Parishad fund and dist ributed in the
manne r hereinafter provide d after ded ucting the
amount due , if any, as ann ual inst alm ent for rep ay
ment of the loan wit h interest incurred by Gaon or
Anchalik Panchayat or Moh kum a Parisha d for
impro veme nt of ha t:
(i) one fifth of the bal anc e of the sale pro
ceeds after provid ing as aforesaid for rep ay
ment of loan , if any, shall be kep t for
mee ting all costs to be incu rred by Moh
kuma Parishad for the purposes of this
Act incl uding mainte nance cost of hats
which shall not be less tha n ha lf of the
said balance of one fifth so kept.;
(ii) if the four fifths of the balance of sale
proce eds of any ha t after providing for
rep aym ent of loan, if any, as aforesaid,
does no t exceed rupees thr ee thousand,
then the ent ire am ount shall be made
over to the Gaon Pan cha yat within whose
jurisdiction the ha t is situate ;
(iii) if four fifths of the bala nce of the sale
proceeds of any hat after prov iding (or
rep aym ent of loan , if any, as aforesaid
exceeds rupees thre e thousand bu t does
not exceed rupe es ten thousand then a
sum of rupees thre e thousand shall go to
the Gaon Panch aya t within whose jur is
dictio n the ha t is situate and the balance
to the Anchalik Panch aya t within whose
jurisdiction the hat is situate ;
(iv) if four fifths of the balance of the sale
proceeds of any ha t after providing as
aforesaid for rep aym ent of any l oan, if any,
exceeds rup ees ten thousand, then a sum of
rupees thre e tho usa nd shall go to t he Gaon
Pan cha yat wit hin whose jurisdiction the
ha t is situ ate and a sum of rupees seven
thousand shall go to th e A ncha lik P anchayat
with in whose jurisdictio n the hat is situa te
and the balanc e if any shall go to a common
p o o l;
i 17
(v) one-third of th e common pool shall be distri
buted amon g all the Anchalik Panc hayats
and th e rem aining two-third s among all the
Gaon Pan chayats with in the are a of the
Mohku ma Parishad . Th e basis of distri
bution shall be area cam-population in both
cases.”
(3) In sub-se ction (5), at the end of the existing
proviso, for th e pun ctu ation full stop “ (.) ” the pun ctua
tion colon “ (:) ” shall be sub stituted an d the rea fter
the following shall be insert ed, na mely:—
“ Pro vided furt her th at if Gaon or Anchalik Pan-
chayat conc erned makes defau lt in ma intain ing a hat
in spite of providing ma inte nan ce cost, the Mohkuma
» Parishad aft er giving a n opp ortunity to show cause to
the con trary specifying the reason for so doin g, may
take over th e man age ment of such hat .”
, Ins ertion of 37. After Section 76A of the Principal Act, the fol-
Sec tion s 76B, lowing shall be inserted as Sections 76B. 76G an d 76D,
fnG a rIs la S n a m e l y :~
Ac t X X IV of
1959.
^S et tlt jn en t 76B. (j ) Notwithst anding anyth ing con tain ed in
ferryPU and Section 166 of this Act, all pub lic ferries oth er tha n
distrib ut io n Gov ernm ent ferries falling within the jur isd iction o f a
of sale p r o - Mohku ma Par ishad shall be settled by inviting tend ers
ceed s there- o r b y a public auction by the Comm ittee con stituted
by the Mo hku ma P aris had u nder Section 76A of this
Act, in the manner pre scr ibe d:
Provide d th at the S tate G overnm ent shall issue ord er
for the se ttlem ent of a pub lic ferry falling within the
jurisdic tion of more than one Mohkuma Pa ris ha d:
Prov ided furthe r th at in case of failu re to settle a ny
pub lic ferry for wa nt of ade quate bid , Mohku ma
Parishad may entrust the Anchalik Panch aya t con
cern ed with the direc t m ana gem ent of the pub lic ferry
with prior app roval of the Sta te Go vernm ent:
Provide d also th at balance of proceeds after meeting
the cost o f direct m ana gem ent shall be dist ribu ted by
the Mohku ma Parishad according to the provision of
sub-se ction (4).
(2) All settlement made under sub-section (1) shall
be subject to the confirmation by the Mohku ma Par i
shad in a meeting convened for the purpose within such
period as m ay be pres cribed in this behalf. In case
the Moh kuma Parishad in such meeting refuses to con
firm, the reasons for such refusal shall be duly reco rded
in the proce edings of the meeting and the Mohku ma
Parisha d shall pass such orde rs thereo n as it may
deem fit.
br-
Y18
(3) After the settleme nt is confirmed the lease in the
prescribe d form shall be issued by the Mohku ma Pari-
sha d to th e p erson in whose favou r settlement is co n
firmed.
(4) All sale proceeds of public ferries shall be de po
sited in the Mohku ma Par ish ad Fun d after which
proceeds o f inter-M ohk uma Parishad public ferry , if
there be any , shall be equ itab ly dis trib uted to the
Mo hkum a Parishad conc erne d, and therea fter, the
proc eeds rem aining in a M ohkuma P arisha d f und sha ll
be distrib ute d in the m anner here ina fte r pro vid ed :—
(i) the sale proceeds of the inter- Mo hkum a
• Par ish ad pub lic ferry if the re be any, shall
be distrib ute d afte r ded ucting 20 p er cent
to the Anc halik Panchayat or Panchayats
equ itab ly within whose jurisdiction such
public ferr y is situate ;
(ii) the sale proceeds of the in ter-Anc halik Pa n
cha yat public ferry falling within the
juri sdic tion of Mohkuma Pa ris had shall be
dis trib uted equ itab ly afte r ded ucting 20
per c ent to the A ncha lik Panch aya ts within
whose jurisd iction such pub lic ferry is
situ ate ; and
(iii) the sale proceeds of all oth er pub lic ferries
shall be dis trib uted in each case afte r
deduction of 20 p er cen t to an Anchalik
Pan cha yat w ithin whose jur isd iction such
ferry o r ferries are situate.
E x p la n a ti o n :—For the purposes of this Section,
public ferry w hic h falls with in the jur isd ict ion o f more
than one Mohku ma Parishad is called an “ inte r
Mohku ma Parisha d ferr y”, and pub lic ferry whi ch
falls withi n the juri sdictio n of Mo hkum a Parish ad
bu t covers mor e tha n one Anchalik Panchayat is
called an “ In te r Anc halik Panch aya t Fe rry .”
(5) Tw enty per ce nt of the ferry rece ipt kept with
the Mohku ma Parishad fund under the prec edin g
sub-se ction shall be utilised by t he Moh kum a Parishad
for duties imposed on it under the provisio ns of
this Act.
Pow ers of 76G. Subject to the rules and bye-laws fram ed in
Mo h ku ma this respect and subject to the a pprov al of the State
Pan sh ad to Governmen t a Mohku ma Parishad may impose cess
an d° ra tesC.eSS o r w a t e r r a t e ^o r reco very of cost of emban km ent
an d dra ina ge and irriga tio n works take n up by the
Mo hku ma Parishad with in its area and such levy
as may be necessary for the purpose of maintenanc e
an d rep air of such works.
be , ient 76D. (1) Save as otherwise pro vided in this Act
° { t t K Pa n- o r r u je s fr a m e ( j the reu nde r, all Pa nc ha yat fisheries
sheries. * " fallin g within the juris diction of a Mo hku ma P aris had
shall be settled by inv itin g tend ers or by public
auction by the Committee constituted un de r Section
76A of this Act, in the manner pres cribed :
Pro vid ed that in case of failu re to settle any
Pa nc ha ya t fishery for wa nt of adequate bid even after
second time , the Parisha d may entrust the direct
manag em ent o f such fishery to th e Gao n or Anchalik
Panch aya t conce rned.
(2) Th e M ohkuma Parishad shall deposit all sale
proceeds of the Panchayat fisheries in its fund and
afte r ded ucting con tingen t exp end iture incurre d in
connection with the sale of the Panchayat fisheries,
the Moh kuma Parishad shall refun d the ent ire
bala nce of sale proceeds to the Gaon or Anchalik
Pan cha yat co nc erne d/’
Am en dm en t 38. In Section 80 of the principal Act, the words
of Sectio n 80 “a nd Mohku ma Pa rishad” shall be inse rted betw een
A c tX X I V w o r ds “Anc halik Panchayat” and “ shall” ,
o f 195g.
Am en dm en t 39 . j n Sectio n 83 of the prin cipal Act, the words
o f A ^sa m “ o r Mo hkum a Parish ad” shall be inserted between
A c t X X IV th e wor ds “A ncha lik Panchayat” and “an y” ,
of 1959.
Am endm ent 4 0 . In Section l36 of the prin cipal Act,—
of Sec tion
136 of
Assam Ac t
X X IV of
1959.
(1) in sub-section (2) in clause (a), between the words
“ Gao n Panchayat” and “ withi n” the words “ or
Mo hku ma Pa rishad” shall be inserted ;
(2) in sub-section (3), betw een the words “ Gao n
Pa nc ha yat” an d “ wi thin” the words “or Mohkuma
Parishad” shall be inserted ;
(3) in sub-section (4) , between the words “ Gaon
Pa nchayat” an d “ con cern ed” the wo rds “ or Mo hku ma
Parish ad ” shall be inserted;
(4) in s ub-section (5), betw een the words “ Gao n
Pa nc ha yat” and “ within” the words “ or Moh kum a
Pa ris had” shall be inserted.
Am en dm en t 41. In Section 138 of the prin cipal Act,—
of Secti on
138 of A ssam
Act X X IV
of 1959.
20
(1) in the mar gin, the punctu ation full stop
occurring after the word s “ Anchalik Panch aya t” shall
be deleted and the words “ or Mohku ma Parishad”
followed by the pun ctuatio n full stop shall be
inserted;
(2) in sub-section (1),—
(a) betw een the words “ Anc halik Panchayat”
an d “or” the words “ or Moh kuma Parishad” shall be
inserted;
(b) between the words “ Panch aya t” an d
“ ou t” the words “or Mohku ma Paris had ’ shall be
inserted ;
(c) between the words “ Panchayat” and “ con
cerned ” the words “or Mohku ma Parishad” shall
be inserted.
Amendment
of Section
139 o f
Au am Act
XX IV of
1959.
42. In Sectio n 139 |o f the principa l Act,' — •
(1) for sub-section (1), the following shall be
substituted, namely
“ (1) Th e State Governm ent in respect of a
Mohkuma Parishad and the Sta te Gov ernm ent, the
De puty Comm issioner or the Subd ivisional Officer,
as the case may be, in respect of a Gaon or
Anchalik Pan cha yat may, by ord er in writin g, on
own initiative or on info rma tion received, suspend
or pro hib it the execution of any resolution of a
Mo hku ma Parishad or Gaon or Ancha lik Pan chayat,
as the case may be, or of any ord er or notic e i
issued by it or its President or cancel such ord er, notice
or resolu tion and may pro hib it the doing of any
act which is abo ut to be done in purs uance or
under cover of this Act if for reasons recorded by
the Sta te Governm ent or by the Dep uty Commis
sioner or the Subdivisio nal Officer, as t he case may
be, such act, olde r, notice or resolu tion is mani
festly perve rse or ultra vir es or the execution of
such ord er, notic e, act or resolutio n is likely to
cause obstruc tion , injury or annoyance to the
pub lic or 'dang er to huma n life, healt h or safety
or is likely to lead to a rio t or an affray or is
otherwise again st the pub lic interest.” ;
. (2) in sub-section (2), the words “or Mohkuma
Parishad” occ urring between the word s “A ncha lik
Panchayat” an d “ con cern ed” shall be deleted.
21
V . J
Ifc.jrt ion of 43. After Section 140 of the principal Act,
Sh ow ing shall be inserted as Sections 140A and 140B ,
140B in na m el y I—
Assam Act
X X IV of
1959.
the
sifer'sede^r 140A. (1) It, m the opinion of the State Govern-
dissSv e "d ie m e n t any Mo hkum a Parishad is not com petent to
Mo hku ma perform , or persisten tly makes default in the per-
Pa ris ha d in form ance of the duties imposed on the Mohkuma
case ot in- parisha d by or under this Act o r otherwis e by law,
de fa ul tC or’ o r exceeds or abuses its powe rs, or in the event
abuse of of the failu re on the pa rt of the Mohku ma Pari-
po wers. shad to provide such services as the State Gov ern
ment may , by notification in the official Gazette,
declare to be essential services, the State Gove rn
me nt, afte r giving the Mohk uma Parish ad an op
po rtu nity for submit ting an exp lana tion in regard
to the matt er, may, by notification, stating the
reaso n for so doing, dec lare such Mohku ma Pari
shaExcerpt shown. Open the full act in Lexace.