The Assam Panchayat (Amendment) Act, 1997

Registered No. A-1 2 I
\ A ? '- - ? '*  .. x *
THE ASSAM GAZETTEj
EXTRAORDINARY k
w  'Tri w i Pe s
PUBLISHED BY AUTHORITY
-  ' •  -- - •  -  —  --j/
n <  117 frm*, ^54 1*, 30  ja fs te r,  1997, 10  191 9 (5 ^» )
No . 11 7 Dispur, Wedn esday,  30th April, 19 97 , 10th  Vaisa kh a, 
19 19  (S .E .)
GOVERNMENT OF ASSAM
ORDE RS BY  THE GOVERNOR
LEGISINATIVE DEP ART MENT: LEGIS LATIVE BRANCH
-  - ______ _
NOTIFICATION
The 30th April 19 97
N o. L G L . 13 0/ 96 /2 2. =T h e following  A ct  o f the Assam Legisla tive 
Assemb ly which received the assent of the Gov ern or is hereby publi-  
a ed fo r general inform ation.

870  TKE ASSAM GAZETTE, EXTRAORDINARY AP R.  30, 1997
ASSAM ACT No. X OF 19 97  
^Received the zX sse nt of the Governor on 28th April, 1997)
THE ASSAM PANCHAYAT ( AMENDMENT )
ACT, > 19 97
•  -- , AN
A. _ -  h . *  ' Z  i. -
AC T
furthe r to amend the Assam Panchayat Act, 19 94 .
fr ea m bi e.  Whereas it is expedient further to ^ sayVAct 
amend the Assam Panc haytt Act, 1994, ofi’ 9 9 4 . 
hereinafter referred to as the  principal 
Act, in the manner hereinafter appearing;
It is hereby enacted in  the Forty-eighth 
Yea r of the Republic of India  as follows:-
-  ' *  <  3  -
ex te n t “ rod 1  •  (1)  This Act may be called the A  sam 
mro tle“ce"  Panchayat (Amendment) Act, 1997.
(2) It shall have the like extent as 
the principal Act.
(3) It shall come into force at once.
Amendment 2 . In the principal Act, in section 3,—  
or  section 3. (j) in sub-section (2), in clause (e), for the 
words “four fifth” appearing in ihe first line, 
the words “two thi rd” shall be substituted.
(ii) in sub-section (2) after clause (e), 
the following clause shall be inserted, 
namely
“ (f) The Minister-in-charge of the 
District to be notified by the Government.”
(iii) for the existing sub-section (5), 
the following shall be substituted, namely:-
 
THE ASSAM  GAZETTE. EXTRAORDINARY. APR. 30, 1997 87 1
‘‘ (5) The Minister-in-Charge of the respective 
District, to be notified by the Government, shall be 
the Chairman  of the District Planning Committee 
and the President of the concerned Zilla Parishad 
shall be the Vice-Chairman of the District Planning 
Committee.” 7  H i, J V - 5  K A * '
(iv) (a) the existing sub-sections (6), (7) and (8) 
shd l be renumbered as section 3A (1), (2) and (3), 
respectiv ely.
(b) after renumbering the existing sub-section 
(6) as section 3A (1), the following marginal note, 
by the left hand side of the section shall be inserted, 
namely ;
“Duties and function of the District Planning 
Committee.”
3. In the principal Act, in section 4, in sub­
section (5), in the sixth line, for the word “will” 
appearing in between the words “Panchayat” and 
“convene” , the word “shall” shall be substituted 
and in the last line, after the word “time” , the 
“fullstop” shall be deleted and the words and full- 
stop “from the date of such direction” , shall be 
inserted.
A m en dm en t 4,  In the principal Act, in section 5, in sub- 
of» ec tion 5.SC ctjo n  after the existing proviso, the following
proviso shall be inserted, namely :—<  t  :  r O X J8  1. Z V  C -
‘Provided furth er that the existing local area 
of Gaon Panchayats established under the provi­
sions of the Assam Panchayati Raj Act, 198 6, with 
a population less in number than the population 
earmarked in this section for a Gaon Panchayat, 
shall continue to be valid for the purposes of this 
Act, till such time as the Government may declare 
any local area to be such Gaon Panchayat in 
accordance with this Act.”
A m e n d m e n t 5.  In the principal Act, in section 13 , io sub- 
m  s e c ti o n  i3 .g e ctjo n  (2), after clause (c), the following clause
shall be inserted, namely : —

872  THE ASSAM GAZETTE, EXTRAORDINARY, AP RI L 30, 1997
“ (d) exercise all the powers, perform all the 
functions and discharge all the duties of the Pre­
sident as provided under sub-section (1) of section 
13 , if the President be removed, and or dies or 
resigns, till the office of the President is filled  up 
in the manner as provided under sub-section (1) 
(b) of Section 6.”
Amendment 6 , (j) i n  the principal Act, in section 15 , for 
or section 15 .^  e x js tjn g sub-section (1), the following shall be
substitued, namely :—
“(1) Every President or Vice-President shall 
be deemed to have vacated his office forthwith 
when resolution expressing want of confidence in 
him is passed by a majority of two third of the 
total numb er of members of the Gaon Panchayat.
Such a meeting shall be specially convened by 
the Secretary of the Gaon Panchayat with approval 
of the President of the Gaon Panchayat- Such 
meeting shall be Presided over by the President if 
the motion is against the Vice-President, and by 
the Vice-President, if the motion is against the 
President. In case such a meeting is not convened 
within a period of fifteen days from the date of 
receipt of notice, the Secretary of the Gaon Pan­
chayat shall within three days, refer the matter to 
the President of the concerned Anchalik Panchayat, 
who shall convene the meeting within seven days 
from the date of receipt of the information from 
the Secretary of the Gaon Panchayat and preside 
over such meeting.
In case the President of the Anchalik Panchayat 
does not  take action as above, within the specified 
seven days time, the concerned Gaon Panchayat 
Secretary shall inform the matter to the Deputy 
Commissioner/Sub-Divisional Officer (Civil) as the 
case may be, within three days after the expiry of 
the stipulated seven days time and the concerned 
Deputy Commissioner/Sub-Divisional Officer (C) 
shall convene the meeting within seven days from 
the Date of the receipt of the information with 
intimation to the Zilla Parishad and the Anchalik 
Panch ayat and preside over the meeting so con­
vened :

THE ASSAM GAZETTE. EXTRAORDINARY. APRIL 30, 1997 87 3
Provided that the concerned Deputy Commi- 
ssioner/Sub-Divisional Officer (C) as the case m ay  
be, in case of his inability to preside over the 
meeting, may depute one Gazetted Officer under 
him not below the rank of Class-I Gazetted Off icer  
to preside over such meeting :
Provided further that when a no-confidence 
motion is lost, no such motion shall be allowed 
in the next six months.”
(ii) in sub-section (2), in the fourth  and fifth 
line, for the words “Anchalik Panchayat”, the 
words “Gaon Panchayat” shall be substituted.
(iii) in sub-section (4), in the third line, the word 
'‘the” after the word “after”, shall be deleted and 
in the same line, after the word “giving”, thew'ord 
“ the” shall be inserted.
(iv) after sub-section (4), the following new 
sub-section (5) shall be inserted, namely
“(5) If. under sub-section (1), the members of 
the Gaon Panchayat express want of confidence 
both  in the President and Vice-President of the 
Gaon Panchayat at the same time and issue notices, 
the Secretary of the Gaon Panchayat within seven 
days from the date of receipt of such notices, shall 
report the matte r to the President of the concerned 
Anchalik Panchayat who shall arrange to convene 
the meetings within fifteen days from the date of 
receipt of the intimation, separately, to consider the 
motion against the President first and to consider 
the motion against the Vice-President next day and 
shall preside over both the meetings. The President 
of the concerned Anchalik Panchayat presiding the 
meetings shall have no vote.
In case the President of  the concerned A ncha­
lik Panch ayat does not take action  as. above, the 
Secretary of  the Gaon Panchayat, within three days 
after the expiry of the stipulated fifteen days time, 
shall refer the matter to the concerned Deputy

874  THE ASSAM GAZETTE. EXTRAORDINARY. APRIL 30, 19 97
Commissioner cr  the Sub-Divisional Offic ers (C), as 
the case may be. O receipt of  the information, 
the Deputy Commissioner or the Sub-Divisional 
Officer 8S the case may be, shall convene both 
the meetingsin the manner as above, within fifteen 
days from the date of receipt of the information 
with intimation to the concerned Anchahk Pan- 
chayat and Zilla Parishad and preside over such 
meetings’’:
Provided tha t the concerned Deputy Commi­
ssioner or the Sub-Divisional Officer as the case 
may be, in case of his inability to preside over 
the meeting, may depute a Gazetted Officer not 
below the rank  of Class-I Gazetted Officer to preside 
over such meeting:
Provided furthe r that if it is not possible to 
hold the meeting for a situation due to non- 
attendance of the requisite number of members 
in such meeting or meetings as the case may be, 
the no confidence motion shall automatically stands 
cancelled and motion shall be deemed to have 
lost, in the event of which no such motion shall 
be a'lew ed within the next six months.”
Amendment 7.  In the principal Act, in Section 19,—
of Section
1 9 . (i) in sub-secbon XIX, after clanie (8), the 
following clause shall be inserted, namely :—
“ (9 ) Issue of birth pad death certificate with­
in the jurisd iction  of the Gann  rac chayat. ”
(is ) in sub-section XXI. in clause ( l \  in the last ltn», 
fr r the word “on’’ after the word “food-stuff”, 
the word ‘for’’  shall be sw  > sf tihed.
(rh) in sub-secthu XXV J, in th sc cone  line , afte r the  
word 1 SH EDS” the punctuation na rks “Comma” 
shall be inserted.
Amendment g j a p ri ncip al Act, in seclio <  ‘ 23 , is sub-sectio t 
23 8e cU on (2), in clause (b) in the second line, after the word “ mete riah” ,
th ’ punctuation mark “Cbmma”  shall e inserted.
Amen dm en t 9 th i principal Act, in section 37 , i>  sub-section (I), 
37_  se c ,, o n in .he sec o>  d line, > n  be ? .een the words 1 the” and “members”,
the words ‘directly elected” shsdl be inserted.

THE ASSAM GAZETTE, EXTRAORDINARY, APR1L30, 19 97  87 5
Am en dm en t 1 0 . I q the principal Act, in section 41, after clause (c) 
of section t jj e  fo llo w in g  cla us e sh all be in se rted , na mely •—
‘ (d) exercise all the powers and discharge all the duies 
and functions of President as pro i. ed under sub section (a) 
to (d) of section 4 b if the President be remove, and/or 
dies or resigns until the office of the Preside, t is filled up 
in the manner under the provisions o’ sub-section (I) of 
sec'ion 37.”
.e  : -
Amendment 1 1, l n  the principal Act, in section 43. -
o f section
43 .
(i) In sub-section (1),—
(a) ia the fourth line, in het em the words “ the” 
and “membets” , the words “directly elected” shall be inse fed.
(b) in the eight lice, in between ti e words “and” 
“the” the word “by” sta ll be inserted.
(c) in he ninth lir e, for the Word  ‘ in” in between 
the words “convened”  and “the” the word “ by” shall be 
substituted.
(d) after the last line, the following sentence shall be 
inserted, namely :—
“ The Zilla Parishad President shall preside over such 
meeting but shall have no vote.”
(ii) for th ; ex sting sub-section (2), the following shall 
be substituted, namely :—
“ (2) (a ? In case the President of the Zill Parishad 
does not convene the meeting within fifteen days from the 
date of receipt of intim ation , the Ex-O fficio Secretary of 
the Anchalik Pauchayat within three days from the date 
of expiry of the date of stipulated fifteen days time shall 
report to the concerned Deputy Commissioner or the Sub- 
Divisional Officer as the case may be. On receipt of the 
information, the Deputy Commissioner or the Sub-Divisional 
Officer as the case may be, shall convene the meeting within 
fifteen  days from the date of receipt of the informaticn 
with intimation to the Zilla Parishad concerted  and also 
shall preside over such meeting. In case of bis inability to 
preside over such meeting, the Deputy Commissioner or the 
Sub-Divisional Off icer as the case may be shall depute an Off icer 
under him not below the rank of  Class-1 Gazetted Officer 
to preside over such meeting,
(b) If, under sub-section (I) of Section 43, the members 
express want of confcdei ce both in the President and the 
Vice-President of Anchalik Pauchayat at the same time and

876 THE ASSAM GAZETTE, EXTR AORDINARY, APR IL  30, 199 7
issue notices, the Ex-O fficio Secretary of the concerned 
Anchalik Panchsyat shall report the m atter to the President 
of the concerned Zilla Parishad within three days from the 
date of receipt of the notice who shall arrange to convene the 
meeting, within fifteen days from the date of receipt of the 
information separately, to consider the motion i gainst the 
President first and  to consider the motion against the Vice - 
President nextd« y and shall preside over such meetings but 
shall have no vote.
In case the President of the Zilla Parishad concerned does 
not ’ake action as above, the Ex-O fficio Secretary of the Ancha­
lik Panchayats shall refer the matter to th e concerned Deputy 
Commissioner or the Sub-Divisional Officer as ti e case may be, 
within three days from the date of expiry of the date o f the 
stipulated fifteen days time. Oc receipt of the information, the 
corce'Dtd Deputy Ccmnissioner <  r the Sub-Divisional Officer 
as the cate may be, shall convene both the meetings simultan­
eously within fifteen days from the date of receipt of the in­
formation and shall preside over both the mee tings:
Provided that the Depu ty Commissioner or the Sub-Divi­
sional Off icer as the case may be, in case of his inability ’O  
preside over the meeting, may depute a Class-1 Gazetted 
Off icer under him to preside over such meetings :
Provided further  tha t if it is not possible to hold the 
meeting for a situation due to non attendance of  requisite 
number of members in such meeting or meltings as the case 
may be, the no confidence motion shall automatically stands 
cancelled and the motion shall be deemed to have lost, in 
the event of which m  such motion shall be allowed within 
the next six months.
Amendment i 2 -  I n  principal Act, in section 57 —
of Section 57.
(i)  in Su b-Se ction  (1),  in c’ause (g), in the second line 
after the word ‘fairs’ , the punctuation mark ‘comma’ 
shall he inserted.
(ii) in sub-section (3), after the last line, the follo­
wing  sentacce shall be inserted, namely :—
“ 1  he decision of the Zilla Parishad in this respect 
shall be final”.
men Tof 13. In the principal Act, in section 65 :—
Section 65.
(i) in sub-section (1), for the existing clause (i), the 
following shall be substituted, namely :—
“ (i) The  members directly elec ed from the ter ri­
torial constituencies of the district :

THE ASSAM GAZETTE. EXTRAORDINARY, APRIL 30, 1997 877
Provided  that  the State Government may by Notification 
in the Of fici al Gazette, determine the territ orial  constituencies 
in the district keeping in vie w the overall population of th e  
district at a rate of  one member for a popul ation of not 
less than thirty thousand and that each territor ial consti­
tuency shall elect one member to  the Zilla Parishad through 
direct election in the manner  prescribe d:
Provided  further that  every Legislative Assembly Consti­
tuency shall have four  territ orial constituencies and in rase 
of a part  of the Legisla tive Assemb ly Constituency wbh 
a population  less  than thirty thousand falling within the 
district, then this payt shall form a territo?i al Consti tu­
ency.”
(ii) for the existing sub-secti on (2), followin g shall be substitu­
ted, name ly : —
“(2)  All the members  shall have the right to vote except 
in the motion of no-confidence in whic h only the directly 
elected members and members nominated by the Government 
shall exercise  such righ ts.”
Am end me nt In the principal Act, in Section 67 , in sub-section
of (1 ),  in the  fou rth  line, af te r the  figure ” 6 6 ”, the  pu nc taa -
Section 67 . fjon mark "comma” shall be  inserted.
£ , Amendment 1 5.  in  the principal Act, in Section 70, in sub-section
s  (j ’f 7n  (!)• 1 0  t h e  l® s t hce for the words  and figu res "Sect ion 65 (1 )” , 
n *  the words and figu res “Section 65 (1)  (i)” shall be substi­
tuted.
Amendm ent jg  j n  p r jn c ipa i  Act, in Sectio n 73 , in sub-section  (2),  
Section 73 . after th e proviso, the following second  and third provisos
shall be inserted, namel y :—
“ Provided further tha t the Deputy Commissio ner shall 
direct the Chief Executive  Off icer  to conv ene the meeting 
within seven days from the date cf receipt of ihe request 
of the members and the Chief Executive  Offi cer shall con­
vene the meeting within fiftee n days from the date of re­
ceipt of the direction. The Deputy Commissio ner shall 
preside over suc h meeting. Ia case of his inability, the 
Deputy Commissioner shall depute one of the Of fice rs not 
below the rank of Additional Deputy Commissi oner to pre ­
side over such meeting.
If under sub-section (1 ), the members express want of 
confid ence both in the President and the Vice-President of 
the Zil h Parishad at the same time and issu e notices, the 
Chief Exec utive  Of fic er of the Zilla Parishad shall repo rt 
the matte r to the concerned Deputy Commissioner within 
three days from the date of receipt of the notices  and the 
concerned Deputy Commissioner shall direct the Chief

8 7 8  THE ASSA M GAZETT E, EXTR AORD INARY , APRIL 3 0 , 1 9 9 7
Executive Offic er of  the Zilia Parishad to convene the meeting 
within fifteen days from the date of receipt of th e direction , 
separately, to consider the motion against the Pre sid ed first 
a’.d to consider the motion again st the Vice-President next 
day and preside over such meetings. In case of the inability 
to preside over, the Deputy Commissioner shall depute  one 
of the Offi cers  not below the rank of Additional Deputy 
Commissioner under him to fireside over such meeting
“Provided also that if it  is not possible to hold the  mee­
ting for a situation due to non-atte ndance of the requisite 
number of members in such meeting or meetings as the case 
may be the no-confidence motion shall automatically stands 
cancelled and, the motion shall be deene d to have lost, in the 
event of which no such motion shall be allowed within the 
next six mon ths.”
Amendment 17. In  the principal Act, j n  section 76 —
of section 76*
(i)  in sub-section (4 , in the seventh  line, f®r lhe word 
“ fort h-fully” the words “ fortb-fuHy ” shall be 
substituted.
(ii)  in sub-section (5 ), in the seventh line, for the wards 
*  to inspect’, the word s “ for inspection ” shall be 
substituted.
Amend ment 18 . In  the principal Act, in section ‘ 3, in sub-section (4 ), 
of se ct io n8 3.  in clause ( i )  in the second 1  ne, for the wo , d “bu nding ”
the w. rd “bunding” shall be substituted.
Amendment 19 . In the principal Aet in section 90. —
of  lectio n 90.
,i) in sub-section (> ),in  clause V, in the second line 
the word ‘cf ” shall be deleted.
(i i)  In sub-section (12 ), in clause V, for the word 
“liaison” the word “ liaison” shall be substitu ted.
(iii) in sub-section (16 ), in clause (iii), for the werd 
“p ropagatio n” , the word “propa gatio n” shall be  
substit uted.
(iv) in sub-section (17 ), in clause (iii , in the first line, 
in betwee n the word “Balwadies” end “H igh” , the 
punctu ation mark ‘comma” shall be inserted.
Amendment 20. in the principa l Act, in section (92 ), in sub-section (2) 
of section 92. in the four th line, for the ve rd “ bands” , the words
“ hand ” , shall be substituted.
Amendment 21 . in the princij’al Act, in section 96, in sub-section (1), 
of section 9 6. in the second  line, after the word (year’, ft r t he word 
‘in’, the word “a”  shall be substituted.

THE AS SA M GA ZE TT E, EX TR AO RD IN AR Y, APR. 30, 1997 879
AtnendTient 22. in the principal Act. in section 109. in sub-section (6)  
in QSeCll°n * B t *, e  third and fourtk line, in between the word
“lak h” and “shall”  the words “and less tkan three  
lakhs” shall be deleted .
Amendment 23.  
of section 
111,
in the principal Act, in section 111, for sub- section (j) ,  
the foll owing  shall be substituted, namely :—
“ (j) No person shall b* disqualified on the gre urd  
that he is less than twenty five years of  age, if he  
has at'alned  the age of twenty owe years.”
Amen dm en t 24, In the pi incipal Ac?, in section 130 the follo wing shall  
°3
f
0
, l c t l o a be inserted as a proviso thereto  namely :—
“Provided that in ca se  of  disso lution by a resolution passed  
by the Legis lative  Assembly all the powers and duties of  
Ga on Panchayats or Ancb allk Panchayats shall, during the  
period af such dissolution, be exercised and performed hy  
r , such officer not below the rank of  a Gazetted Officer, as the
j Government may from time to time appo int in this behal f.”
M. K. DEKA,
Secretary to the G ovt, o f Assam,  
Leg islative  Departmen t.
GUW AH AT I— Printed & published by the Dy. Dire c»er  (P. & S.)
Directorate of Ptg. & Sty., Assam* Guwahati-21 (Ex -Ga zett e)  
No. 2 3 3 -7 5 0 -6 0 5 —30-4-1997.
 
 
 
  
 
 
 
 
 
 
 
 
 

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