LexThe Assam Panchayat (Amendment) Act, 1962
Assam · state statute
Open in Lexace · Ask the AI about this actASSAM ACT No .X XI X OF 1962 i'H E ASSAM PAN CHA YAT (AM ENDM ENT) AC T, 196 2 (As passed by the Assembly) Re ceive d the as se nt o f the Go ver nor on the 28th Septem be r 1962 [P ubli sh ed in th e Assam Gazette , E x tr a o rd in a ry , da te d the 4 th O c to b e r 19 62 ] An Act to amend fu rthe r the Assam Panchayat Ac t, 1959 Preamb le W hereas it is e xped ient to amend fur the r the \ ss a n i A ct Assam Panchayat Act, 1959 her einafte r called the XXIV of prin cipal Ac t, in the ma nner her einafte r appearing ; 19 s9 . It is he reby enacted in the T hir tee nth Y ear o f the Re public of I ndia as f ollow s:— Short title, I. (1) This Act may be called the Assam Pan extent a nd c hayat (Am endm ent) Act, 1962 . commence- (2 ) It shall bar e the like extent as the prin cipal Act. (3) It shall come into force at once. Amendment 2. In section 2 o f the principa l Act, clauses (20) of section 2 a n cj (21) shall be deleted and the existing subseque nt Act XXIV c la u s e s (22) t 0 (35) shall be renumbered as clauses o) 19 59 . (20) to (33) respectively. Amendment 3. In section 8 of the prin cipa l Act.— of section 8 (1) the full-stop at the end of sub-section (2) of Assam shall be dele ted and the words and punctua tion ( : ) r iqXni I V “ and shall publish the same in the ma nner pres- ° 5 ' cribed shall be added ; (2) after sub-se ction (2) as so am end ed, the following proviso shall be add ed, namely : — “ Provided that the D eputy Commissioner or the Subd ivisi onal Officer, as the case mav be, ma y include the name of any person whose nam e is not included in the list o f voters if such person makes an app lica tion with in ten days oi the pub lica tion o f the list and satis fies th e Dep uty Commissioner or the Subdiv isional Officer, as th e case may be, th at his name app ear s in the upto date electo ral roll of the Assam Legislative Assembly, prepar ed and in force after the d a y notified und er sub-section (1) .” l oO Am end ment 4. After sub-section (2) o f section 9 of the priri- of section 9 c jp a j Act, the following shall be inserted as sub- Act XXIV s e c t‘o n f 2) an d the existing sub-sections (2), (3), (4) of'l95 9. a n h (5) shall be renum ber ed as sub-sections (3), (4), (5) and (6) respectively, namely ;— “ (2) Every meeting shall be presided over by ti e Pres iden t of the Gaon Panch aya t and in his absence by the Vic -Pre sident of the G aon Pa nchsyat a > d in the absence of boih, members present shall choose on e from among st themselves to pre side.” Amendmen t 5. I n section 11 of the principal A ct—oti ectior. 1 1 Act XXIV (1) f°r sub-se ction (1), the following shall be o fl9 5 9. sub stituted, namely :— “ (1) Eve ry Gaon Sabha shall have an Execu tive Comm ittee including a Pres ident and a Vice-Pr esident called the Gaon Pan cha yat to be elected in the ma nner prescribed.” (2) For the second proviso under sub-section (2), the following shall be sub stit ute d, na mely:— “ Provided fur the r th at the Gaon Panchayat shall co-op t from amon gst the mem bers of the Gao n Sabha, two women members if no woman is elected, an d one wom an mem ber if only one is e lected.” (3 > After sub-section (3) the following shall be inse rted as sub-section (4) and the existin g sub-sections (4) and (5) shall be renumbere d as sub sections (5) and (6) respectively, nam ely: — “ (4) Th e Sta te Governm ent may, by notification for reasons to be stated therein, exten d the term of office referred to in sub-section (3) by such period not exceeding one yea r as may be specified in the notifica tio n.” , 6. In section 14 o f the princi pal A ct, afte r clause ofsection6?! W ° f sub-section (5), the following Exp lanation shall of Assam be inserted, namely :— Act X X IV “E xp la na tion .—For the purpose of quoru m, of 1959. ex -o ffi cio members shall not be counted .” Amendment 7- In section 16 of the prin cipal Act, in sub- of section 1 6 section (2), for the words “ Gao n Panchayat” occurring of Assam jn the first fi n e betw een the words ‘Th e’ an a ‘may’, ©H 9 X X I V t ^l e w o r ds ‘Stat e Gover nm ent ’ shall be sub stituted. Amendment 8. In sectio n I7 of the principa l Act, in sub- of section 1 7 section (1) .— of Assam po r t i e second proviso to clause ft) the o fC t1959 following shall be substituted, namely : — “ Provided further that if the President or the Vice-Pre siden t of a Gaon Pan cha yat is elected to the Anchalik Panch .yat, he shall, wit hin fifteen d ays from the d ate o f declaratio n of result thereof, exercise his io i option of rem aini ng either as the President or the Vice- Pres ident, as the case may be, of the Gaon Pan cha - yat or alternat ively as the mem ber of the Ancha lik Pan chayat. If he does not exercise his option within the time lim it, he shall imm edia tely on expiry of such time limit cease to be th e Pres ident or the Vice- President, as the case may be, of the Gaon Pan cha yat. His place in the Gaon Panchayat or the Anchalik Panchayat , as the case may be, shall be filled in the ma nner these offices are filled.” (b) lor clause («), the following shall be substi tuted, na me ly:— “ (ii) One repr esentative to be electe d, in the ma nner pres crib ed, by the Cha irmen of the Go-opera tive societies from amongst themselves, fallin g within the are a of the Anch alik Panchayat: Provided th at not withstand ing any thin g herein contain ed, no mem ber elected before the coming into force of th e Assam Panchayat (Ame ndme nt) Act, 1962, shall be disqualified even if such a mem ber was no t a Chairma n of an y Co-o perative Society at the time of his electio n.” (2) In sub-section (2), for clause (i » ) the following shall be substituted, namely :— “ (h) Th e Anch alik Panch aya t sha ll, from within the area of its jur isd iction , co-o pt two women mem bers ii no wom an is elected, and one woman member if only one is elected .” Amendm ent 9. I n section 19 of the p rinc ipal Act,— of Sectio n (1) the existing section shall be renum ber ed as 1 9 of sub-se ction (1) ther eof ; XXIVAof after sub-section (J) as so renumbere d, the 19 59 . Ot following shall be inserted as sub-section (2), namely :— “ 2) The Sta te Gov ernmen t may, by notification, for reasons to be stated the rein , extend the term of office referred to in sub-section (1), by such period not exceeding one year as may he specified in the notification.” 10. In sectio n 22 of the prin cipa l Act,—for the second proviso in sub-se ction (1), the following shall be substitu ted, na mely:— “ Provided fur the r th at th e Mohkuma Parisha d shall from within the are a of its jurisdiction, co-o pt two women members if no wom an is elected, and one wom an mem ber if only one is ele cte d.'1 Amendm ent of Section 22 of Assam Act XXIV of 1959, Amendment 11. In section 24 of the principa l Act, of Section a fter sub-se ction (3), the following shall be 2\ am Act in s e r t e d a s sub-section (4), namely : — XX IV of “W Th e State Governm ent may, by notification, 1959. for reasons to be stated ther ein, extend the ter m of office referred to in sub-section (1), by such perio d not exceeding one year as may be specified in the notification”. 1U 2 President or Vice- President or member Am end me nt 12. For section 27 of the prin cipal Act, the 27 S QC f ti o n following shall be substituted, namely :— Assam Act XX IV of 1959, “ Re mo va l of 27. (1) (a) A President or Vice-President or mem ber of a Ga on or Anchalik Pa nch aya t or Mo hku ma Parisha d shall imm ediately cease to hold office : — (t) if he suffers from any of the disqua lifications of a Gao n mentioned in sub-se ction (1) (a) to (J") of section 16 ; or An cha lik («) if he a bsents himself, without assigning any Q ^nCyj^ a t cause, from 1 hree consecutive meetings of the Gaon or ku ma Pa ri Ancha lik Panch aya t or the Moh kum a Parishad , as shad . the case may be. ( Z > ) A President or Vice-President of an Anchalik Panch aya t or Mohku ma Parishad shall imm ediately cease to hold office, if by three-fifths majority of votes a motion of no-confidence is passed by members in a meeting of the Anchalik Panchayat or the Moh kum a Parisha d as the case may be, where at least a min imu m of two-thirds of tota l num ber of members is pr es en t: Provided that at least seven da ys’ notice in writing shall be given to the President and the Vice-P resi den t of the Anchalik Panch aya t or the Mohku ma Parisha d, as the case may be, before such a motio n can be discussed. (rj A President o r Vice -President of a Gao n or Anchalik Panch aya t or Mohkuma Parisha d, as the case may be, shall immediately cease to hold office, if he ceases to be a member of the Gaon Sab ha or Ancha lik Panch aya t or the Mohkuma Parishad, as the case may be. (2) A President or Vice -President of a Gaon or Anch alik Pan cha yat or Mohkuma Parishad may be disqualified from hold ing office by the State Gov ern men t,— (i) if he refuses to act or becomes incapa ble of acting ; or («) if he is guilty of misconduct or wilful negle ct in the discharge of his duties ; or (in) if his continuance in office is dan gero us to the public peac e or is likely to bring the admi nis tra tion of a Gaon or Anchalik Panch aya t or Mohkuma Parisha d into contempt. (3) A President or Vice-President or member of the Gaon o r Anchalik Pan cha yat or Moh kum a Par i shad who imm ediately ceases to hold office according to the provisions of sub-section (1) or is disqualified bv the State Governm ent according to the provisio ns of 103 sub-section (2) shall be removed in the ma nner prescribe d : Prov ided th at n o such perso n as aforesaid shall be removed until he has been given a reas onable opportu nity of showing cause against the action proposed to be take n against him. (4) No person who has been removed from office under the provisions of this section shall be eligible for re-election to the v acan cy so cre ate d.” Am endm ent 13. In section 29 of th e prin cipal Act, the follow- of s ection 29 jn g shall be inserted as a n Expla nation to clause (t) of Act XXIV sub-section (5), na mely:— of 1959 “Exp lanatio n.—For the purp ose of qu oru m ex -o ffi cio members shall no t be cou nted .” Am endm ent 14. In Pa rt II of section 36 o f the prin cipa l Act— of a c ti o n 36 (1) f o r item (8), the following shall be substituted, of Assam namelv : —A c t xxiv u a e y of 1 959. “ (8) con trol, ma inte nan ce and regulation of bus- stand, car riag e-stand, car t-stan d and fairs (2) for the full-stop ( . ) at the end of item (18), a semicolon ( ; ) shall be sub stituted and after the said item the following shall be inserted as ite m (19), na m el y;— “ (19) ma intena nce and regulation of hats a ccord ing to the provisions of section 76A.” Am en dm en t 1 5 ‘ In Pa rt II of section 37 of the prin cipal Act, of sectio n 37 for item (6), the following shall be sub stituted, of Assam name ly; — Ac t X X IV of 1959 “ (6) maintena nce a nd regu lation of hats acc ord ing to the provisions of section 76A ; and 5” Am end me nt 16. In sub-section (2) of section 66 of the prin- of se ctio n 66 cipa l Act, for the full-stop ( . ) at the end of clause °f (iii) , a semicolon ( ; ) shall be substituted and the ofC1959. following shall be inse rted as c lause (w), namely :— “ (t» ) sums received on acc ount of sale proceeds of ha ts. ” Am endm ent _ 17* -n sub-section (1) of section 67 o f the prin - of secti on 67 cipal Act, for the full-stop ( . ) at the end of clause A t XXIV 3 s e m i c o I o n ( i ) & h a l> be sub stitu ted and the of 1959. following sha'I be inserted as clause (i»), na me ly:— “ (« «) allo tment of sale proceeds of hats to each Gao n or Anchalik Panch aya t accord ing to the pro vi sions of section 76A.” 104 Act XX IV of 195 9, Amendm ent 18. In section 69 o f the p rinc ipal Act— of section 69 r Act XX IV (1) fo r clause (io), th e following shall be substi- of 19 59 . tuted, na mely:— “ (iv) con trib ution from Governmen t incl uding a share of th e land reve nue which shall not be less tha n fifteen p er cent of the net rece ipt and the entire net rec eipt of local rate, collected from the are a of the Gaon Panch aya t after prov iding for ag en t’s commis sion : Provide d th at the State Governm ent may direc t the Gaon Panchayat to spend a specified share of the net rec eipt of local rat e for any purpose specified by the S tate Go ver nm ent .” (2) in clause (« ), for the words “m ino r ha ts” , occurring betw een the words “ o f ” and “ an d” , the words “ hats accord ing to the provisions of section 76A” shall be sub stitute d ; (3) for clause (x), the following shall be substi tuted , namely :— “ (x) con trib ution from pri vate indiv iduals, local auth orities .” Amendm ent 19. In clause (» ) of section 70 of the principal of section 7O A c t__ (1) for the words “major hats or ba za rs” occur ring b etwe en the words “ of ” and “ buildings” , the words “ hats according to the provisions of section 71 A ” shall be substitu ted ; (2) the proviso at the end shall be deleted . 20. In clause (ii) of sub-section (1) cf section 75 of the principal Act, at th e end of item (c) the wi rd “ an d” shall be add ed and item (d) shall be deleted. Amendment of section 75 of Assam Act XX IV of 1959. Amendment 21 , In sub-section (1) of section 76 o f the prin - of SCA*Jam6 c ’P a l Act, clause (r) shall be dele ted and the existing Act XXIV clause (d) shall be renumbere d as clause (r). of 1959, Insertion of 22. Afte r section 76 of the prin cipal Act, the tion TCA^in foP° w in S shall be inserted as section 76A =, namely Assam Act XX IV of l9 59- “ Settlem ent 76A. (1 1 Subject to sub-section (2), all hats with to'bution of ’ n t 'l e P a n c M a t areas shall be settle d in the prescribe "p ro ce ed s ma nner for a perio d of one year by pub lic auction to and m ainte- be held at the headq uar ters of the Anchalik Pan cha yat nan ce and w it..i n whose jurisd iction the partic ula r hat or ha ti Th ere of011 a r e s it u a t e d by the Comm ittee constitu ted by the Mob- kum a Parish ad in the m ann er p rescribed. 105 . i(2) All settlement mad e under sub-section ( I f shall he subje ct to confirmation by the Mohkuma Parishad in a mee ting convened for th e purpose wit h in such period as may be prescribe d in this behalf. In case the Mohku ma Parishad in such mee ting refuse^ to confirm, the reasons for such refusal shall be duly recorded in the proceedings of the meeting and the Moh kum a Parisha d shall pass such orders thereo n as it may deem fit. . (3) Afte r the settlement is confirmed the lease in t h e pres cribed form shall be issued by the Moh kum a Parish ad to the p erson in whose favo ur the settlem ent t? is confirmed. (4) All sale proceeds of hats shall be deposited in the Subd ivisio nal Ru ral D evelopment Fund and distri but ed in the ma nner her einafte r provide d :— (zj if th e sale proceed of any ha t dees not exceed rupees three thousand, then the enti re am ount shall be made over to the Gao n Pan cha yat within whose jurisdic tion th e ha t is si tua te ; (z 'i) if the sale proceed of an y ha t exceeds rupe es three thousand bu t doe* not exceed rupe es ten thou sand the n a sum cf rupees chree thous and shall gc to the Gaon Pan cha yat within whose juris diction the hat is situ ated and the bala nce to the Anchalik Panch aya t in whose juri sdictio n the ha t is s ituate ; ( z ’ /z) if th e sale proceed of any ha t exceeds ten thousand, t he n a sum of rupees thre e tho usa nd shall go to the Ga on Panchayat within whose jurisdiction the h at is s ituate and a sum of rupees seven thousand shall go to the Anchalik Panchayat within whose juris diction the ha t is situate and the balanc e shall go to a com mon po ol ; (w) one -third of the common pool shall be dis trib uted am ong all the ncha lik Pan cha yats and the r em aining two-thirds among all the Gao n Pan cha yats wit hin the are a of the Mohku ma Parishad . The basis of d istribution shall be area cum population in bo th the cases. (t > ) All hats the sale proceeds of which do no exceed rupees five th ousand shall be maintain ed ana regu lated by the Gao n Panch aya t concerned where the h at is situate, an d all bats the sale proce eds of whic h exceed rupees five thou sand shall be main tain ed and regulated by the Anc halik Panch ava t ponc erned where the ha t is sit uate. ” 106 Am endm ent 23. In section 139 of the prin cipal Act, the exis- ?(oS tc ti o? t *n 8 section shall be renumbered as sub-section (1) A«sa m A-t t h e r e o ^ and t ^e following shall be inserted as sub-sec- XXIV of tion (2), namely 1959. “ (2) After passing an order under sub-section (1) the Deputy Comm issioner or the Subdivisional Officer, as the cate may be, shall forthw ith submit a copy of the ord er assigning reasons for making it along with any e xpla nation sub mit ted by the Gaon or Anchalik Panch aya t or Mohkuma Parish ad conc erned to the , Sta te Gov ern ment which may rescind, modify or confirm the ord er.” Amendment 24 . In section 161 of the principal Act, (1) for ?6 1S' CtlO f c ^a u E e W the f°l l° w in g shall be substitute d, namely :— Assa m Act X X IV o f “ (A) oth er similar matters inc lud ing con trib uto ry lg59 . provide nt fun d, gratuities or pensions or oth er benefits.”