The Assam Panchayat (Amendment) Act, 1959

The 23rd Febru ary I960
No .L JL .43/59 /16 --Th e following Act of the Assam Legislative Assembly 
which received the assent of the Gove rnor is hereby published  for general 
’  information.
(Received the asse nt o f the Governor on the 16th February I960)
ASSAM ACT No.IV GF I9 6 0
TH E \SS  \.\1 PANCHA YAT  (AM EN DM EN T)
A t: I, |o ‘i 9
(A- passed by (lie Assembly)
| Published in the Asunn Gazelle, Ext raordin ary, dat ed the 24th 
Februar y i960
Preambl .
lh or ttitl e,  
a t, and
nce - 
t.
/1 «
zb 7
lo am en d the As<am Panchayal A il ,  7  959
Whereas it is exp edient lo ame nd (he Assam a i“ A ct  
Pan cha yat  Act, 1959, here inaf ter called the princi pal  of  1 9 5 9  
Act, in the ma nner here inaf ter appearing ;
It is her eby  enacted  in the Te nth Year of the 
Repub lic of In di a as follo ws:—
1 . fl ) This Act may be calie 1  the Assam Panch aya t 
(Am endm ent) Act, 1959.
(2) It  shall have the like exten t as the Prin cipa l
Act.
(3) It shall be deem ed to have come into force 
on the 1st day of O cto ber, 195 9.
2. Section t!4  of the Principal Act, shall be deleled.leletion o f
;tion 84
IA ss am  Act 
of
95 9.
 
 
 
2
Am endm ent 
of Se ction 150 
o f Assam  Act  
X X I V  01  
1  I 59.
3. In Section 15 0 of the Principal A ct ,—
(1) in the heading, between the words “ the” 
and “A nchalik Pan cha yat ” the words “ Gaon or”  shall 
be inserted.
(2) for the word “ an ” occurring between the 
words “employee of” and “Anchalik Pa nchayat” the 
words “ the Gaon or”  shall be substituted.
(3) in the second a nd third provisos for the wortl 
“a n ” wherever it occurs between the words “ rnembet 
of”  and “ Anchalik Pa nc ha yat” , the words “the Gaon 
or ” shall be substituted.
Am en dm en t 
of section 162 
o f Assam Act
4. In  section 162 of the Princ ipa l Ac t,—
X X IV
1959
(1) after clause (b), the following shall
ted, na me ly:— (
“ (W) for the purposes of clause (Z > ), all Primary 
Panchay ats and  Executiv e Committees of die Primary 
Panchayats  cons titute d under the Assam Rural 
Pan cha yat Act, 1948 whose terms of offic e, have 
expired but, notw ithstand ing such expiry, continued 
to function till before the  comm encement of this 
Act shall be deemed always to have been validly 
constitu ted and functioning und er the  Assam Rur al 
Panchayat Act, 1948 ; ”
(2) after clause (//), the following shall be 
inserted, name ly: —
‘'(kh) the  Rur al Panchayats 
the Assam Ru ral  Panchayat.
terms of office have expired but, notw ithstand ing 
such expiry, continued to function till before the 
comm encement of this Act shall be deemed to be 
existing Rural Panc hayats for t he purpose of clause 
(h l.”
T n sub-scction (2) of section 16 3 of the Princi-
Act, for the words “ the Assam Local Auth ori-
Comp cnsatory Grants (Charged) Act, 1953” , 
A ct  the  words “ the Assam Local Authorities Gra nts
x: in se t -
Assam
X X V II
1948.
constitu ted under 
Act, 19 41 ), whose
Am en dm en t 
of sub-sec tion 
(2) of section
] 63 of 
Assam 
XXIV  
1959.
Assam Ai 
X X V II I  
19*8.
the
pal
ties
of (Charged ) Act, 1959” shall be substitu ted.
Assam A i 
X X X IV  I 
195 3. 
Ass am A i 
X X III i 
195 9.
Ins ertion  of 6. After section 
new sections following shall be 
164A and
in 
Act 
of
164 of the Prin cipal Act, 
inserted, nam ely: —
the
161B
Assam
XXIV
1959.
“ Co nstitution 1 64A. (1) Th e State Gov ernm ent may, by
o f n o t i f i c a t i o n  declare and constitu te an Ad-hoc Ancha- 
Pa nchayat Pan chayat Com mittee consisting of such persons 
Co mm itte e, as the State  Governm ent may nom inate in this

3
beh alf for each Anchalik Panchayat notified under  
Section 5 of this Act which  shall function as the 
Anchalik Pan chayat tor the purposes of this Act, 
with effect from such date as may  be specified in 
the notification till the Anchalik Pan cha yat is constitu ­
ted in accordance with the provisions of this Act.
|2) The State Governmen t may nom inate one 
of th e memb ers as the Pres iden t and ano ther of such 
members to be the Vice-President of the Ad -ho c 
Anchalik Pan cha yat Com mitte e.
(3) T he Ad -ho c Anchalik Pan cha yat Comm ittee  shall 
have an Office and an Executive Officer app oin ted  
by the State Governmen t who shall be the Ex- Offi cio 
Secretary and shall be responsible for its due  
mainte nance. He sha ll, subject to the control of the 
President, carry out resolu tion and  direction of the 
Ad- hoc Anch alik Panchayat Com mittee.
Constitution 16413 . (1) Phe State Governm ent may, by notili- 
° *  th e X''" cation, declare afn d con stitu te for each subdivision 
kum a Pa " a n t l  w ^ c r e  t ^ e r e  is 110 subdivision, in each district an 
rish ad Com. Ad -ho c Mohk uma Par ish ad Committee consisting of 
mit tee. such petsons as the State Governme nt may nom inate 
in this behal f which shall function as the Mohkuma 
Parishad for the purposes of this Act, with effect from 
such date as may be specified in the notificatio n till 
the Mohkuma Parishad is constituted in acco rdan ce
with  the provisions o f this Act.
( 2) .'I he Deputy Commissioner or the Subdivi-
sional Officer, as the case may be, shall be the Ex- 
0  d ic io President of the Ad -'io c Mohkuma Parishad 
Committee.
(3) Th e State Governm ent may nom inate one of 
the members as the Vice-President of the Ad -ho c 
Moh kuma Parishad Comm ittee.
(4) Art Ad -ho c Moh kum a Parishad Com mitte e 
shall have an ollie.: and a Secretary  app ointed by 
the Sta te Gov ernmen t who shall be responsible lor 
the due mainten ance of the office of the Ad -ho c Moh­
kum a Parishad  Com mitte e. He shall, subject to the 
control of the Pre sident, carry  out the function of 
such Com mit tee.”
Sub stitu tion 7. For section 165 of the  Principal Act, the following 
of Se ction 16 5 shall be substituted, name ly: — 
of Assa m Act
X X IV  of
1 9 5 9 .
'‘E ff ec t ol 165.(1) From the d ale  the Assam Local Sclf-Govern- 
repe al. irient Act, 1953 is repealed under sub-section (1) of Sec­
tion 163 of this Act, all th e assets including the Local
A ss am  A c
XXV of 
1953

4
Board Fund belonging to any Local Board and such other 
liabilities as may have been incurred, in the discharge of 
the  legitim ate function by such Board, established under 
the  Act repealed, shall vest in the Deputy Commis­
sioner or the Subdivisional Officer, as the. e ase may be, 
who shall hold the assets in trus t, until these are made 
over in accordance with  th e orde r of the State Govern­
ment or such office r or offic ers as the State  Governm ent 
may appoint in this behalf, to the Ivlohkuma Parish ad ot­
to the Anchalik Panchayat or to the Ad ho c Mohkuma 
Parishad Comm ittee or to the Ad -ho c Anchalik Pan cha­
yat Comm ittee or to the Gaon Panchayat established 
unde r this Act in the area over which the Local Board, 
to whom the assets belonged had jurisdiction.
5
(2) 'Pill such date  as the assets and the liabilities 
of the Local Board are made over in accordance with 
sub-section(l), the Deputy Commissioner or the Subdi­
visional Officer, as the case may be, shall, notw ithst and­
ing the repeal of the Assam I.ocal Self-Government Act, 
1953, perform  and exercise all duties and powers 
assigned to the Board under the Act so repe aled .”
Re pe al
Sa ving .
au<l 8. (1) The Assam Panchayat 
nance, 1959 is hereby repealed.
(Amendment) Ordi- Assam Or di ­
nanc e No.V  
o f 1959.
(2) Notwithstandin g such repeal, anything done 
or any action taken in the exercise of'an y powers 
conferred by or unde r the said Ordinan ce shall be 
deem ed to have been done or taken in the  exercise 
of the powers conferred by or und er this Act, as if 
this Act were in force on the date on which such thing 
was done or action was taken.
B.  C. BAKU A,
Secy, to the (.iovl. oi' Assam. Law Deptt
 

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