The Assam Panchayat (Amendment) Act, 1960

42
ASSA M ACT No.VI OF 1961
THE ASSAM PA NCHA YA T (AM END MENT) ACT, 1960
Received the assent of the Governor on the 3Gth March 1961  
[Publis' ed in the Assam  Gaze tte, E xtr ao rd nuy, daied the 30th March. 19 61
An
Act
Preamble.
to amend furthe r the Assam Panchay at Act, 19 5!)
WH ER EAS it is expedient to amend further Ass ar a A  
the Assam Panchay at Act, 1959, hereinafter XX tv o  
called the Principal Act, in the manner here- 1S 5 9 . 
inafter appea ring ;
It is here by enacted in the Eleventh Year of 
the Republic of India as follow s :—
Short title, 1. (1) This  Act may be called the Assam 
exten t an d pa n c ji a y a t  (Amendment) Act, 196 0. 
commence-
wen t (2 ) It shall have the like extent as the 
Principa l Act.
Amendment 
of Section 1 1 
of Assam Act 
XXIV  of 
195 9.
(3 ) It shall come into force  at once.
2. In Section 11 of the Principal Act,—
(1) the full stop at the end of sub-sec­
tion (3 ) shall be deleted and the words and the 
punctuation (  .  )  "fro m the date of the first 
meeting of the Gaon Pan cha yat” shall be 
added.
(2 ) after sub section (3 ) as so amended, 
the follo wing proviso shall be added, namely :  —
"Pro vide d that the term of the office fixed 
under this section shall be held to include any 
period whic h may elapse between the expi ratio n 
of the said period and the dale of the first 
meeting of the Gaon Pan chayat new ly constitu ­
ted at which a quorum shall be present. Whe n 
a Gaon Panchayat is thus duly constituted the old 
Gaon Panchayat shall stand dissolv ed” .
(3 ) after sub section (3). the following shall 
be inserted as sub-section (4 ) and the existing 
sub-section (4 ) shall be re numbered as sub­
section (5), namely—
"(4) The representative or represe ntatives 
elected to the Anchalik Pan chayat from  a Gaon
 
 
43
Sabha  under Section 17 (1) (i)  of this Act shali 
be ex-officio member or members of the Gaon 
Pan cha yat of that Gaon Sabha ” .
Amendment 3 , In Se ct io n 16  of the Principal Act, —  
of Section 16 
of Assam Act
XX IV  O f
1959.
(1) in sub-section (1), the words or co­
opted”  shall be inserted between the words 
"ele cted ” and "an d” .
(2 ) after sub-section (2), the following shall 
be inserted as sub-section (3), na mely : —
"(3) The representative or repres entatives to 
the Anchalik  Pan chayat who are eligible to be 
ex-officio member or members of the Gaon Pan­
cha yat under sub-section (4 ) of Section 11 of this 
Act shall have the right to attend all meetings 
and participate in the discussions of the Gaon 
Pan chayat but shall have no right to vot e” .
,\  a ci men t 4. In Section 17 of the Principal Act,—  
of Sec on 17  
of Assam A ct
X X IV  of .  .  , . ,
1 9 5 9 . (1) the existing sub-section (2 ) shall be re­
numbered as sub section (2 ) (i)  and the follo wing 
shall be inserted as sub-section (2 ) (ii), namely :—
"(2) (ii)  The Anchalik Panc haya t shall co­
opt one woman member from within the area 
of its jurisdiction, if no woman is elected to the 
Anc hali k Pan cha yat” .
Substitution 5 For Section 18 of the Principal Act, the 
of A s s a m *  A ct^°^o w *n s  s hall be substituted, namely :—
X XIV  of  
1959 .
“ Election of 18 - When the constitution of an Anchalik  Pan- 
the  President chayat under Section 17 is complete the Deputy 
and the Vic e-Qo m m i s s i o n e r  o r  the Subdivisional Officer, as 
Presiden t of  c a s e  m a y  sjl a ]j c a jj a  m e e ting of the
P an ch ayat1.  Anchalik Pan chayat (which meeting shall be 
called the first meeting of the Anchalik Pan cha­
yat) for the election of a President and a Vice- 
vice-P resident and the members of an Anchalik
manner prescribed ” .

44
Subst:tu(io 0  p o r  Section 19 of the Prin cipal Act, the  
' fA s^ am Ac t h>ll°wing shall be substituted, na m ely: —
° X X IV  of
195 9.
“ Term of 19. The term of office of the President, the  
office of the Vice-Presdient and the members of an Anchalik
President, Pan chayat shall be three years from the date of 
^ den T an d ^i e  hrst meeting of the Anchalik  Panchayat 
members of under Section 18 :
an Anchalik
Panchayat.
Provided that the term of the office fixed 
under this section shall be held to include any 
period which may  elapse between the expiration 
of the said period and the date of the first  
meeting of the Anch alik Pan chayat newly cons­
tituted. Whe n an Anchalik  Pan chayat is thus 
duly constituted and called to meet for the firs t 
time the old Anch alik Pan chayat shall stand 
dissolved :
Provided furth er that the term of the office of 
a member elected or co-opted, the President or  
the Vice-P resident to fill up a casual vacancy 
shall be the remain der of the term of office of 
the member, the President or the Vice-President 
whom he repla ces” .
Amendment 7. In Section 22 of the Principal Act, in sub - 
ot Se.t icn 22 s e c jj o n  (jj after the existing proviso the follow- 
° XXlV of Ct' n g shall be added as the second proviso,
1959. namely :—
"Pro vide d furth er that if no woman is a mem­
ber, the Mohkuma Parishad shall co-opt one  
woman as member from with in the area of its  
juris diction” .
An endment Section 23 of the Prin cipal Act— (1) for
of  Section 23  sub-section (1), the follo wing shall be substitu- 
of  Assam Actted, namely :—
X X IV  of 
1959.
‘Election o f 23. (1) When the constitution of a Mohkuma 
he President, Parishad under Section 22  is complete, the  
h sklent and Commissioner or the Subdivision al Officer.
Stan ing a s the case m a Y he, shall call a meetin g of the 
Committee. Mohkuma Parishad (which meetin g shall be  
called the first meeting of the Mohkum a Pari­
shad), for the election of a President and a Vice - 
Presid ent from amongst its members in the
manner prescribed.

45
(2 ) The Mohkuma Parishad, in a meeting, 
may  form sucli number of Standing Committees 
as may  be deemed necessary with  the President 
as the Chairman and with such powers and fun c­
tions as may  be prescribed ” .
(2 ) the existing sub-section (2 ) shall be 
re numbered as sub-section (3).
Substitution 9. For Section 24  of the Principal Act, the 
of Assa m \ct^ °^o w *n ^  S*1U^ substitu ted, na m ely: —
X X IV  o f 
1959 .
“ Term of 24 . (1) The term of office of the President, the
President l lth e' ‘ c e  ^ r e s ^ e n t  a n ( ^  ^ l e  m e m bers of a Mohkuma 
Vice-Pr’ esi- Parishad shall be three years from the date of 
dent and the first meeting of the Mohkuma Parishad :
members of  a
Pa°ishad.a  Provided that the term of the office fixed under 
this section shall be held to include any period 
whic h may elapse betwee n the expira tion of the 
said period and the date of the first meeting of 
the Mohkuma Paris had new ly constituted. When 
a Mohkuma Paris had is thus duly constituted 
and it meets for  the first time, the old Mohkuma 
Paris had shall stand dissolved :
Provi ded further that the term of office of a 
member, the President or the Vice-President as 
the case may  be, to fill up a casual vac anc y shall 
be the remain der of the term of office of the 
member, the President or the Vice-P resident 
whom he replaces.
(2 ) No person shall be entitled to continue 
as a member of a Mohkuma Parishad under 
clauses (i), (ii)  and (iii) of sub-section (1) of 
Sectio n 22,  if he ceases to be—
(a)  the President of the Anchalik Panch a- 
y a t ;  or
(b)  the member of the Parliament or the 
State Legis lative Assembly, as the case 
may be ;  or
(c) 1  he Chairm an of the Municipality or 
the Town Committee or the School 
Board, as the case may be.
(3 ) No person appointed by virtue  of his 
office under clause (iv) of sub-sec­
tion (1) of Section 22 , shall continue 
as a member of a Mohkuma Parishad 
if he ceases to hold the office” .

46
Ame ndm ent 
of Sec tion 33 
of Assam  Act  
X X I V  of  
1959.
10. In Section 33  of the Prin cipal Act,—
(1) In the marginal notes the full-s top after 
the words "Gao n Panchay ats” shall be deleted 
and the words and the full stop "or Anchalik  
Pan chayats ” shall be added.
(2 ) afte r the words "Gaon Panchayat ” in 
the third line the comma shall be deleted and 
the words and the comma "or an .Anc halik Pan 
cha yat” shall be added.
Sub stitutio n H. For Section 49  of the Prin cipal Act, the 
of  Sec tion  49 f o l l o w i n „ s h a p p e substituted, na m el y: —  
of Assam  Ac t
X X I V  of  
1959.
*
“ Appoi nt- 49  (1) Subject to the'pre scri bed  conditions, a 
ment of fi a On Panchay at or an Anchalik  Pan chayat may
Com mntees . a ppp jn t  Committees with powers to co-opt mem­
bers -t o assist it in the discharg e of any specified 
duty or class of duties and may  delegate to such 
Committees any of its powers as may  be deemed 
necessary.
(2 ) The President and the Secretary  of the 
Gaon Pan chayat or the President and the Ex ecu ­
tive Officer of the Anchalik  Panchayat,  as the 
case may  be, shall be members of each of the 
Committees of the Gaon Panchayat or the Ancha ­
lik Pan chay at, as the case may be.
(3 ) The term of the office of the members 
of the Committees shall be decided by the Gaon 
Pan chay at or the Anchalik Panch aya t” .
S u obfs Sec tion Section 165 of the Prin cipal Act, the
16 5  o f Assamfollowing shall be substituted, na m el y: —
Act  X X I V  of
19 5 9 .
“ Effect of 165. (1) From the date the Assam Loca l 
rep eal. Self-Government Act. 1953 is repealed under
sub section (1) of Section 163 of this Act, all the 
assets including the Local Board Fund belongin g 
to any Loca l Board shall vest in the Deputy 
Commissioner or the Subdivisiona l Officer, as 
the case may .be , who shall hold the assets in 
trust and perform  and exercise all such duties 
and powers as assigned to the Boar d under the 
Act repealed until these are made over in accor­
dance with the order of the State Government 
or such Officer or Officers as the State  Gove rn­
ment may  appoint in this behalf, to the Moh- 
kuma Paris had or to the Anch alik Pan chayat or 
to the Ad-hoc Mohkuma Parishad Committee or 
to the Ad-hoc Anchalik Pan cha yat Committee 
or to the Gaon Pan chayat established under this 
Act in the area over which the Loc al Board, to
whom  the assets belonged, had jurisdiction.
Assam A 
X X V
1958

47
(2 ) On such vesting  of the assets as pro ­
vided in sub-section (1) . the liabiliti es of the 
Loca i Board, if any, incurr ed in the course of 
perfo rming  any legitim ate functi on by such 
Boar d shall be dischar ged and trans ferre d to 
the Depu ty Commis sioner or to the Subdivisio- 
nal Officer, as the case may  be” .
ASSAM ACT No.VII  OF 1961
TH E ASSAM  AP PR OPR IA TI ON (N o.I II)  AGP, 196 1 
Received  th e as se nt of the  Go ver nor on the 31st March  1961  
[Published in the Ass am  Gaz ette , Ex tra ordin ary, dated  the 31st Ma rch  1961]
An
Act
to provide fo r the wit hdraw al of certain sums from and out o f the  
Consolidat e Fund of  the State of  Assa m *o  the services
of  the y ear  ending on the thirty-first day of  March, 19 & 2
It  is hereby ena cted in the  Twelfth Year of  the 
Republic of I nd ia as follows ;—
Short title 1. (1) This Act may be called the Assam Ap pro­
v'd c m-  pri ati on  (N o.I II)  Act, 1961.
mence ment.
(2) Th is Act shall come into force wit h effect 
from 1st Apr il, 19 61 .
Wuhdra wa l 
of Rs. 
71,01,26,000 
Irom an d 
out of the 
Consolida­
ted Fund of 
the Sta te of 
Assam for 
the financial 
year 1961-
6 2 .
2. From an d out of th e Cons olidated Fun d of the 
Sta te of  Assam the re may be paid and  app lied  
sums no t exceeding those specified in colum n (3) o *  
the  Schedule am oun ting  in the  aggregate to the  sum 
of Seventy-one crores, one lakh  and twenty-six thous­
and  rupees towards  defra ying  the  several charges 
whic h will c.' me in course of pay ment durin g the 
year  ending on the  thirty-first day  of M arch . 1962 
in resp ect of the  services specified in colum n (2) of 
the Schedule.
App rcpria#  3. Th e sums authorised  to be paid and  app lied
tion, from  and out of the  Consolidated Fund  of the Sta te
of Assam by this Act, shall be appro priated for the 
services and purposes expressed in the  Schedule in 
relation  to the yea r endin g on the thirty-first day of
Ma rch , 196 2-
 
 

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