The Assam Local Authorities Grants(Charged) act, 1959

It is hereby en acted in the Teuth Year of the Republic of India a s follows : 1. S bor t t it le, extent and commmcement. (1) Th is Act may be called the Assam Lo ca l Auth orities G ra nt s (Charged) Act. 1959. (2) It extend s to the wbole of the State of Assam . (3) It sha n come into force witb effect from sucb date as may be not­ Hied in th e official G azett e by tbe State Government. *Publ ish ed in th e Assam G azet te. dated th e 5th August. 1959. I 740 I .. .'" f SCHEDULE Section 3. Noti ficat ion of the Local Au th- orit ies. 4. Exp enditure 10 be charged . 4.A. Power 10 make rules. 5. Repeal. (Ra eived the assent of the Governor on the stst July, 1959] An Act to authorise grants to the Local Authorities and to declare such grants to be expenditure charged on the Consolidated Fund of the State of Assam Preamble, Whereas b y vir tue of Art. 266 (I) o f th e Constitut ion o f India , a ll revenues to the G overnment of Assam sha ll form th e Consoli­ da ted Fu nd of tbe Stale of Assam; A nd whereas on suc h revenues forming the Con solidated Fu nd of the State of Assam it is expedient to mak e pr ovision lor grants to thc Local Authorities am ount ing to such share of the rece ipt s as a re collected in th eir respective j uri sd ict ion for the pu rpose of ca rr ying out the du tie s a nd func­ tions en joined upon th em by laws ; And whereas it is expedient to declare such grants to the Local Au th­ ori ti es to be expend iture cha rged on the Consolidated Fund of the Stat e o f AS5sm ; ASSAM LOCAL AUTHORITIES GRANTS (CHARGED)" ACT. 1959* (Assam Act No. XXIIl of 1959 ) CONTENTS Prea mb le Sect ion J. Short t it le. ext ent and com­ mence ment. 2. Pa yment of grant s to Local A ut hori ties. 2-A. Payme nt of local rate 10 Gaon or Anchalik Panchayat . 2.B . Creat ion of fund for giving specia l grants. s .4-A] ASSAMLOCA L AUtHOR ITIES GRANTS (CHARGED) ACT, 1359 741 I r , . 2. Payment of grants to Local Authorities . The State Government sha ll grant to the Local Authori ties not ified under S. 3, such share of the receipts as are collected in their respective jurisdiction from the sources detailed in the Schedu le to th e Act and credited to the Consol idated Fund of the Slate of Assam, 2-A. Payment of local rnte to Gao~ or AnehaUk Panchayar. Notwith­ sta nding anything in S, 2 the local ra te collecte d trom rural areas shal l be distr ibuted to the Gaon Panchayat s as esta blished under the Assam Pan­ chayat Act, 1959 (Assam Act No. XXIV of 1959) at twenty-five naye Pai se per capita of populations: Provided that loca l rate co llected from any area where Gaon Pan­ chaya t has not been established, sball be paid to the Anchal ik Panchayat as established under the Assam Pancb ayat Act, 1959 at th e same rate. COMMENTS Section 2-A. This section was inserted vide Assam Act No. XVII of 1964 publ ished in tb e Assam Gazell e, dated 5-8-1964, to have come into force on 1-4-1964, 2-8 . Creation of fund for glviog special gUDtS. The excess of local rates collected over the amount di sbur sed to the Gaon or Ancbalik Pan­ chayat, as the case may be, under S. 2-A, if any, sha ll be credited to a fund to be establi shed for the purpose in the manner as prescribed und er the rules. Such fund sha ll be utilised for making up the deficit in co llection of local rate in any part icular year , if necessary, and for giving special grants to the Goon 0 Anchalik Panchayat or Mohkuma Par isbad, as the case may be, whenever sufficient surplus accumulates in the fund, in tbe manner as prescr ibed. COMMENTS Section 2·B. Thi s section was inser ted vide Assam Act No. XVII o f 1964 publ ished in the Assam Gazelle, dated 5-8-1964, to have come into force on 1-4-1964. 3. Notification of tbe Local ADthorltles. Tbe State Government shall, from time to time as occasion may ari se, noti fy in the officia l Gazelle, the names of the local authorities wbich shall receive grant under S. 2. 4. Expenditure to he cbarged. The expendi ture re lating to the grants under Ss. 2. 2-A and 2-D shall be charge d upon the Consol idated Fund of the State of Assam, in accordance with the provisions of Art . 202 (3) (f) of the Constitution of Ind ia. COMMENI'S Section 4. In this section the words and figures "2-A and 2·8'. were inserted by Assam Act XVII of 1964, 4·A. Power to make rules. (I ) The State Government may make rul es for carrying out the purposes of the Act. COMMENTS Sect ion 4-A . This sect ion was inserted vide Assam Act XVII of 1964 publisbed in t he Assa m Gazette, dat ed 5-8-196 4. 5, Rep ea l. T he Assam Local Authorit ies Compens ato ry G rant (Cha rged) Act, 19~0 (Assam Act II o f 1940) and tb e Assam Local Au th­ orities Compen sat ory G rants (Charged) Act, 1953 (Assam Act XXXIV o f 1953) a re hereb y repealed . (2) Every rule mad e under this section sha ll be lai d as soon as may be after it is mad e befo re th e As sam l.egislat ive Assembly white it is in session for a total period of four teen days wh ich may be compri sed in one session or in two successive ses sions ; and if, before the exp iry o f the session in wh ich it is so la id or the session immediat ely fol low ing, th e Assa m Leg isl at ive A ssembly agree in mak ing any modifications in t he rule or the Assa m Legisla t ive Assemb ly ag ree that the rule sho u ld not be made, th e rut e shal l therea fter have effect o nly in such modified form or be of no effect. as th e case may be , so however, that any such modificat ion or a nn u lment shall be wit hout prej udi ce to the validity of anyth ing previously don e under tha t rule. " • IS. 5N ORm-EASlWl N IUm ON L OCAL A CTS I!i: RULE! SCHEDULE [Set Secti on 2] I. Local ra te s realised under tb e Assam Loca l Rates Regul at ion, 1979. 2. All receipts from the sales o f ferr ies o ther rha n th e Pu bl ic Works Department Ferries under the Nor th Ind ia Fe rr ies Act, 1878, 3. A ll judicial fine s rea lised under tb e A ssa m M unicipal Act, 1956 (Assam Act XV o f 1957) o r by -laws made thereund er or under the A ssam Pa nchaya t A ct , 1959 o r ru les made there under, 742