The Assam Panchayat Act, 1994

594 THE ASSAM GAZETTE, EXTRAORDINARY, MA7 6, 1994............... ......................*________________ ____ ___ ____ ASSAM ACT NO XVIII OF 1994 (Received the assent of the Governor on 5th May, 1994) THE ASSAM PANCHAYAT ACT, 1994 AN ACT to amend and consolidate laws relating to Panchayats in Preamble, Whereas it is expedient to amend and consolidate laws relating to Pabchayats in Assam. It is hereby enactsd in the Forty-fifth Year of Republic of India as follows :— Shor* title , extent and comm ence­ m ent. 1. (1) This Act may be called the Assam Panchayat Act, 1994. (2) It shall extend to the whole of A^sam in the rural areas except the Autonomous Distiicts under the Sixth Schedule of the Constitution of India and shall exclude any area which has been or hereinafter may be included in a Muni­ cipality rr a Town Committee or a Cantonment constituted under the Assam Municipal Act, 1956 and the Cantonment .let, 1924 respectively or by any other Act. (3) It shall com into force at once. Definition 2. subject In this Act, unless there or context is anything repugnant in thq . 0 ) in the "Gaon *'Gaon Sabha” means a body consisting of persons registered.! electoral rolls relating to a village comprised witbin the area of i Panchayat”; ' ' “Gaon Panchayat” means a Gacn Panchayat established under(2) ‘ this Act; (3) “Anchalil Panchayat” means an Ancbalik Panchayat estab­ lished under this Act; (4) “Zilla Parishad” means a Zdla Parisv ad established under this A ct; (*\ “Local Authority” ivcludts Gaon Sabha, Gaon Panchayat, Anchalik Panchayat, Zilla Parishad, Municipal Corporation Municipal Boards and Town Committees ; 1HE ASSAM GAZETTE EXTRAORDINARY, MAY 6, 1994 595 (6) “ Notification” means a notification published in the afficia G azette ; (7) “ Panchayati Raj Bodies” means the Gaon Paachayat, Ancha^ > lik Paachayat and Zilla Pari sh ad ; (8) ‘‘Adult’’ means a person male or female having completed his or her e ijh ’een years cf a g e ; (9) ‘‘Village” means any local area, tecorded as a village in the revenue record f th j District in which it is situated and includes any areas which the State Government may, by general or special order, declare to be a village for the purpose of this A c t; (10) “ Co-operative Society” means a society registered or deemed 'o be registered made the Assam Co-operative Societies Act, 1949, or under any Central Act legulating the registration’ of Co-operative societies; (11) “ Member” means a member of a Gaon Pancha yat of a Ancha- lik Panchayat or of a Zilla Panshad ; (12) “Ex-cfficio Member” means a member who is appointed to be a me iber by virtue of his office, and for the purpose c f Gaon Panchayat or Anchalik Panchayat or Zilla Perishad and may include local Members of Parliament, T cal Members of Legislative Assembly, State G< vernment Officials, Representative of local Co-operative Societies snd representative of local scheduled er non-scfceduled banks; (13) “ Co-opted Member” means a person co-opted to be a mem­ ber of a Gaon Pane -ayat or Anchalik PancLayat or Zilla Parishad ; (14) “Scheduled Caste” means such caste, race or tribe or part of or group within such caste, race or tribe as is deemed to be Scheduled Caste in relation to the State of Assam under Article 341 o f the Constitution c f India ; (15) “ Scheduled Tribe” means such tribe or tribal community as is deemed to be Scheduled Tribe in relation to the Staife of Assam under Article 342 of the Constitution of India ; (16) “ Public-Servant” means a public servant as defined in Section 21 o f the Indian Penal Code, i860 ; (17) “ Public Property” means any property belonging to Govern­ ment or any local authority ; (18) “District” means a district in a State ; (19) “ Bazar, Ha at or M arket” means, any place within the administrative control of the local authority where persons assemble daily or bi-weekly or periodically for sale or purchase of article fo 596 THE ASSA M GAZETTE. EXTRAORDINARY, MAY 6, 1994 human or aalm'il Consumptions or of livestocks or of other marchan- dise ; (20) “ Carriage” means any wheeled vehicle with springs or o her appliances acting as spring or a kind ordinarily used for conveyance of human beings and includes bicycles, tricycles, rickshas, of all kinds and country boat whether operated with or without engine but does not include motor-vehicle and perambulators ; (21) “Cart” means any cart, hackney or wheeled vehicle with or without springs which is s ot a carriage as defined it sub-section 20 ; (22) “Cattie’’ includes such quadrupeds as are included in the Cattle Tresspass Act, 1981 ; 23) The expression ‘’Complaint” and “Offence” shall have the same meaning as in Section 2 o< the Gode of Criminal Procedure, 1973 ; (24) “ Bye-Law” means bye-law made and approved under the provision o this Act ; (25) The expression “Decree Holder” “Judgement” "Debtor” “ Legal representative” and “Moveable Property” shall have the same meaning as in Section 2 of the Code of Civil Procedure, 1988 ; k (26) (i) “Financial year” means the year commencing on the first day of April every year and ending on the thirty-first day of March next year. (ii) “ Panchayat Year” means the year commencing on the first day of July or on such other date as the State Government may by notification appoint. (27) “House-hold” means a house or houses used by a family for dwelling purposes ( house includes building ) ; (28) “ Prescribed” means piiscribed by the State Government by rules made under this A ct; (29) “Proceedings” means any proceeding specified under this Act, other than ‘case’, ‘action’ or ‘suit’ ; (30) “Water Course” includes river, stream, channel, tank, well and aquaduct; (31) “Sur-charge” means an additional charge or payment; (32) “Development Departments” under the provision of this Act shall include such departments as maybe notified by the State Govern­ ment from time to time; G IE ASSAM GAZETT3, EXTRA )RD1 n ARY, MAY 6, 1994______ 597 (33) “ State Government” means the Government in the Panchayat aad Rural Devel pmcnt Depa>tment, Assam ; (34) “ Pre sident” means a non-official who is elected as the President of Gaon P. ch ya or Anchalik Panchayat or Zilla Parishad ; (35; “ Vice-Pres ent ;reans a non-official who s elected as tbe Vice-Pies cent of Gacn Panchayat or Anchalik Panchayat or Zilla Parish-id ; (36) “ Chair--; < raon” means the elected Non.- fficial head, either male i '• female as die c.,s . may be, of Gaon Panchayat or Anchalik Panchayat or a Z -.l» Parishad er a District Planning Committee ; (37) “ Block Dev lop ent Officer” means an officer who is noti­ fied as such for a development block ; (38) ‘ C lief Executive Officer” meam the executive head of the office of Zilla Paiishad ; (39, “ Executive Officer” means the Block Development Officer, who shall function as executive Office, ef an Anchalik Panchayat, the boundary of which is co terniinous with that of the Development Blocks ; (40) “ S e c ie ta r /’ means th Secretary of a Gaon Panchayat; (41) “ Deputy Commissioner” means the Deputy Commissioner of a district so notified by the Gov.rament. The term Deputy Commi­ ssioner shall rnea and induce an Additional Deputy Commissioner and a Sub-Divisn-ual Officer o an cutlying Sub-Division. CH APTER—II x CONST1TU ■ ON OF DISTRICT PLA ,NING COMMITTEE 3. (I) The Gove.nmert shall constitute in every district a District constitution Planning Committee to consolidate the Plans pitpared by Zilla lanningr c ^ P a r i s i a d ’ ApcbaJik Panchay-.t-, Gaon Ponchayats, Town Committees, wmittee. Municipalities and Municipal Corporations, in the district and to prepare a draft development p’an for the district as a whole. (2) The District Planning Committee shall consists of (*) The members of the Home cf peopL who represent the whole or part of the d istric t; (b) The members of the Assam Legislative Assembly whose major part of the constituencies fall within the District ; (c) The Presi . ent of the Zilla Parishad ; (d) The Mayor or the Chairperson of ths Municipal Corporation/ Municipal Board/Town Committee as the case may be having JUrisdic'ion over the Head Quarter of the District. THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994 (e) Such number of persons not less than four fifth of the total number of Members as may be specified by the Government, , elected in the prescribed manner from amongst the members of the Zilla Par;shad, Councillors f a . nicipal Corporation or the Municipalities as the case may be, and the members of the Town Committees in the Districts on rotation annually and in proportion to the ratio between the population of the rural areas and of the urban areas of the District. (3) The Deputy Commissioner shall be a permanent invitee of the Committee as an Ex-Officio Member. (4) The Chief Excecutive Officer of the Zilla Parisha 1 shall be the Ex-Officio Secretary of the C ommittee. (5) The president of the Zilla Parishad shall be Ex-Officio Chair­ man of the District Planning Committee. (6) The District Planning Committee shall consolidate the plan prepared by the Zilla Parishad, Anchalik P mchayats ard Gaon Pan- chayats, Town Committees, Municipalities and Municipal Corporation in the District and preprre a draft development plan for the District as a whole. (7) Every District Planning Committee shali in preparing the draft development plan ; (a) have tegard to— (i) the matter of cotr.muj interest between Zilla Parishad, Anchalik Panchayats, Gaon Panchayats, Municipalities or Municipal Corporation as the case may be, and the Town Committee in the District including Sectoral Planning sharing of water and other physical and natural resources, the in egrated development of inf'aBtiuctures and environmental conservation ; (ii) the extent and type of available resources whether financial or otherw ise ; (iii) consult such instructions and organisations as the Governor may by order, specify. * (8) The Chairperson of every District Planning Committee shall forward the District Plan, as recommended by such committee, to the Government for approval within a specified period as may be pres­ cribed by the State Government, CHAPTER—-III GAON SABHA Sabha. 4. (1) Subject to the general orders of the Government:— (i) the Gaon Sabha shall meet from time to timte but a period of three months shall net intervene between any two meetings; THE ASSAM GAZETTE. EXTRAORDINARY. MAY 6, 1994 599 (li) the Gaon Sabha shall consist of persons registered in electoral rolls relating to a village or a group of villages comprised within the area of the Gaon Panchayat; (iii) the Gaon Sabha shall consider the following matters and may make recommendations and suggestions to the Gaon Panchayats ; (a) the report in respect o f Development Programme of the Gaon Panchayat relating to the preceding year and development pro­ gramme proposed to be undertaken during the current year; (b) the promotion of unity and harmony among all sections of society in the villages; (c) such ether matters as may be prescribed. (2) The Gaon Panchayat shall give due consideration to the recommendations and suggestiors of the Gaon Sabha. 3) Every meeting of tr .aon Sabha may be presided over by the President of the concerned Gaon Panchayat ard in his absence by the Vice-Presiden or ar.y person to be selected by the majority of the Gaon Sabha member, for that meeting. (4) The meeting of the Gaon Sabha shall be convened by the Secretary of the . Gaon Panchayat with due approval of the President of the Gaon Pauchayat »t.d in consultation wnh the Block Develop­ ment Officer concerned provided wide rublicitv is given fifteen days ahead of the date f r holding f he Gaon Sabha Meeting. ■V. (5) If the President fail to approve the convening of the Gaon Sabha, the Secretary of the Gaon Panchayat shall convene the Gaon Sabha in time in consultation with the B. D. O. Whenever, Anchalik Pancha-at direct for holding such G»cn Sabha for the purpose for selection of beneficiary o' Rural Dvelcpmen* Programmes, the Secre­ tary of the Gaon Panchayat will convene the meeting within twenty days time. Quorum. (6 ) (*)-~T he quorum for a. meeting of the Gao i Sabha sha’l be one-tenth of the total members or one hundred number of v ters of the village/villagt s whichever is less. (ii) If at the time of appointment for the meeting, a quorum is not present, the presiding authority shall wait for thirty minutes, and if within such period/ there is ro quorum, the pre iding authority shall adjourn the meeting to same dry of the following week or any other date or time which shall not be less than twenty-four hours and more than seven days. The adjourned meeting shall not require quorum for taking up the business which could not be considered at the meeting so fixed. 600 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994 (7) Resolution: Any resolution to the matter entrusted to the Goan Sabha under this Act, shall have to be passed by a majority of votes of the reembers present. (8) Functions : The Gaon Sabha t ’-all perform the following functions namely : (a) mobilising voluntary labour and contribution in kind and cash for the Community Welfare Programmes; (b) identification of beneficiaries for the implements tion of deve­ lopment schemes pertaining to the villages: Provided that in case the Gaon Sabha fails to identify the bene­ ficiaries within a reasonable time, the Secretary of the Gaon Panchayat in consultation with the President o;' the Gaon Prrchayat and t?w Block Development Officer conceded viJl identify the beneficiaries including the beneficiaries under Integrated Rural Development Pro­ gramme ; Provided further that if the Secretary fails to convene the Gaon Sabha in time for selection of beneficiaries for Rural Deve­ lopment Programme, the Block Development Officer shall convene the Gaon Sabha for such specific purpose ; (c) rendering all kinds cf assistance in th; implementation of development schemes pertaining to villages and rendering services in the villages. (9) The President, Vice-Presider t and the members of the Gaon Pancbayat/Anchalik Panchayat shall not be er>tit* d to any sitting allowance for attending the Gaon Sabha. CHAPTER—IV I ESTABLISHMENT AND CONSTITUTION OF GAON PANCHAYAT Establish- 5. (1) The State Government may, by notification, declare 5hy mevt ofGaon|o c a i area comprising a revenue vihage or a grout c f revenue Fanchayat. v j]|a ge s o r a Forest vijJage or a Tea G rden area or hamlets forming part of revenue village or Fores village or Tea Garden area or other such administrative unit or par thereof to be Gaon Panchayat with population of its territory not less than six thousand and not more than ten thousand :. Provided that, vhere a greu f revenue villages or Forest villages or Tea Garden areas or hamlets or other such administrative units or part thereof is declarer to be a village, the Village sl ab be known of as revenue tillage, hamlet, adwfo Lvative -nri. o/ p rrt thereof as., the case may be, having the largest population. THE ASSAM GAZETTE. EXTRAORDINARY. MAY 6, 1994 601 (2) After consultation with the Gaon Panchayat, if' it had already been established, the Government may, by similar notification, at any time— (a) include within or exclude from any village, any local area or otherwise, from the limit of any village; or (b) declare that any local area shall cease to be a village and thereupon the local area shall be so excluded from the limit of the village so altered. (3) Every Gaon Panohayat shall be a body corporate by the name of ............ ........ Gaon Panchayat having perpetual succession and a common seal, with power to acquire and hold property both movable and immovable, whether within or without the limits of the village over which it has authority and may in its corporate name sue and Mr be sued. tionofGaon ®a o n Panchayat shall consist o f : Panchayat, (a) Ten members to be directly elected by the voters of the territorial constituencies of the Gaon Panchayat area—one from each constituency in the manner prescribed. (b) President of the Gaon Panchayat who shall be elected directly by the voters of the territorial constituencies of the Gaon Panchayat area in the manner prescribed. (2) For the convenience of election, :he prescribed: authority shall in accordance with such rules as may be prescribed in this behalf by the Government, divide the area of the Gaon Panchayat into ten territorial constituencies and allot one seat for each constituency. (3) When the Gaon Panchayat is constituted under this Seetion, the Deputy Courtissioner or an officer authorised by the Deputy <t Commissioner for this purpose shall call a meeting of the Gaon Pan­ chayat (which shall be fa erein-after called the first meeting of the Gaon Panchayat) for election of a Vice-President from amongst the members « in the manner prescribed. Duration 7. Every Gaon Panchayat, save as otherwise provided in this of G ao n Act, shall continue for a term of five years from the date Panchayat. a ppOjn ta<l fo r fir s t meeting: Provided that the term of ths office fixed under this sub-section shall be held to inci de any period which may elapse between the expiration of the said period and the date of the first meeting of the Gaon Panchayat newly constituted in which a quorum shall be present when a Gaon Panchayat shall itand dissolved. i Election to corwti t u t e Gaon Pan­ chayat. 8. (1) The election to constitute a Gaon Panchayat shall be com­ pleted:— (a) before the expiration of its duration specified in Section (7). Rese r v a- tlon of Seat» of G a o n Panchayat. 602 THE ASSAM GAZETTE, EXTRAORDINARY MAY 6, 1994 i&dashad-Bih li' .V ' ■ 1 ’> (b) in case of dissolution, before the expiratf®n of a period of six months from the date c f its dissolution: Provided tha t wMre the reminder of the period for which the dissolved Gaon Panchayat would have continued is less than six months, it shall not be necessary to hold any election under this sub-section for constituting the G e on Panchayat for such period. \ (2) Gaon Panchayat constituted upon the dissolution of a Gaon Panchayat before the expiration of its duration shall continue only for reminder of the period for which the dissolved Gaon Panchayat would' have continued under Section-(7) had it ne t been so dissolved. 9. (1) In every Gaon Panchayat seats shall be reserved for :— A (a) Scheduled Caste, and (b) Scheduled Tribes, and the number of seats so reserved shall bear, i s nearly as may be, the same proportion of the total number of seats to be filled up by direct election in that Panchayat as the papulation of the Sche­ duled Castes in that Gaon Panchayat area or ©f the Scheduled Tribes in that area bears to the total population of that area and such seats shall be allotted by rotation to different constituencies in a Gaon Pan­ chayat in such manner as may be prescribed. (2) Not less than one-third of the total nuaaber of seats reserved under sub-secticn-(l) shall be reserved for women belonging to the Scheduled C ases or as the case may be, the Scheduled Tribes. (3) Not less than one.third (including the number of seats reserved for women belenging to the Scheduled Caste and the Scheduled Tribes) of the total number of seats to be filled up by direct election in every,2 Gaon Panchayat shall be reserved for women and such seats m aybe allotted by rotation to different constituencies in the Gaon Panchayate in such manner as may be prescribe*. (4) The Offices of the Chairpersons in the Gaon Panchayats shall be reserved for the Scheduled Castes, Scheduled Tribes and women in such manner as may be prescribed: Provided that the number of offices of Chairpersons reserved for the Scheduled Castes or Scheduled Tribes in the Gaon Panchayats shall bear as nearly as n ay be, the same proportion to the total number of such offices in the Gaoa Panchayats as the population of the Scheduled Castes in the State or ot the Scheduled Tribes in the State bears to the total population of the State : Provided further that not lesB than one-third of the total number of offices of Chairpersons in the Gaon Panchayats shall be reserved for women: THE ASSAM GAZETTE. EXTRAORDINARY. MAY 6, 1994 603 Provided also that the number of offices reserved under this sub section shall be allotted by rotation to diffeient Gaon Panchayats. Election of 10. (1) After the election of the President of the Gaon Panchayat under Pres i d e n t se c tion 6 (1) (b) and rhe Vice-Prs.sident under Section 6 (3) if any President'of v a c a a c y o c c a r s by reason of death, resignation or removal in the Gwn eip»n- of the President or the Vice-President as the case may be, chayat. the Gaon Panchayat shall elect the President under Section 6(1) (b) or the Vice-President under Section 6 (3) as the case may be : Provided that no election shall be heid if the vacancy is for a period of less than one month. (2) Subject to the general or special order of the Government, the Deputy Comtnissioner shall reserve,— (a) such number of offices of the President and the Vice-Presi­ dent of Gaon Panchayats in the district for the Scheduled Castes and the Scheduled Tribes and the number of such offices bearing, as nearly as way be, the same proportion to the offices in the District on the population of the Scheduled Castes in the district or of the Scheduler Tribes in the district bears to the total population of the district. (b) not less than one-third of the fetal number of offices ef President and Vice-P resident of Gaon Panchayat in the district from each of the categories which are reserved for persons belonging to the Scheduled Castes aud Scheduled Tribes and of those which are not reserved for women : Provided that the offices reserved under this sub-section shall be allotted by rotation to different Gaon Panchayats in such manner as may be prescribed provided that the principle of rotation for purpose of reservation cf offices under this Section shall commence from the first election to be held after the eomrEeucement of this Act. 11. Any dispute relating to the validity of the election of the Vice-President of the Gaon Panchayat under this Act shall be decided by the Deputy Commissioner. 12. (1) The term of office of every President and every Vice* > s hall, save as otherwise provided in this Act, cease on th# tions ofser-®x Plry of his term of office as amen a u. 11 ̂Gaon Panchayat vice of Pre­ sident and \ iCof>GS1aC Allowances and other conditions of service of President Panchayat0 a n ^ Vice-Presideut shall be as may be prescribed. P o w e rs, fa n c t i o » and dut i e* o f President and V i C e- Prelident o f Gaon Pan­ chayat. 13 (I) The President shall,— (a) be responsible for convening the meeting of Gaon Sabha< 604 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 199 4 (b) be responsible for convening the meeting of the Gaon Pan­ chayat and preside over its meetings ; (c) be responsible for the maintenance of the records of the Gaon Panchayat; (d) have the general responsibility for the financial and executive administration of the Gaon Panchayat : (e) exercise administrative supervision and control over work of the staff of the Gaon Panchayat and the officers and employees whose services may be placed at the disposal of the Gaon Panchayat by any other authority; (f) for the transaction of business connected with this Act or for the purpose of making any order authorised thereby, exercise such powers, perform such functions or discharge such duties as may be prescribed, performed or discharged by the Gaon Panchayat under this Act or the rules made thereunder : Provided that the President shall not exercise such powers, per­ form such functions and discharge such duties as may be required by the rules made under this Act; (g) exercise such other powers, perform such other functions and discharge such other duties as the Gaon Panchayat way, by general or special resolution, direct or as the Government may by rules made ia this behak, prescribe. (2) The Vice-President shall, (a) exercise such of the powers, perform such of the functions and discharge such of the duties of President as the President may, from time to time, subject to rules made in this behalf by the Gov­ ernment, delegate to him by order in writing; Z Provided that the President may at any time withdraw all er any of the powers, function aad duties so delegated to the Vice- President; (b) during the absence of the President, exercise all the power s, perform all the functions and discharge all the duties of the President with the approval of the President of the Gaon Panchayat; (c) z exercise such ether powers, performs such other functions and discharge such other duties as the Gaon Panchayat may, by general or special reselution, direct or as the Government may, by rules made in thu behali, prescribe. Resignation (1) The President er the Vice-President of Gaon Panchay at may resign and Remo-his office by writing under his hand addressed to the Deputy Com- val of Presi-missicner and to the President of the Gaon Panchayat, as the case dent a n d jxiav be.Vice Presi- 3 ■ 4 cat. THE ASSAM GAZETTE. EXTRAORDINARY. MAy_6l J 9 9 4 K )5 (2) Every resignation under sub' sect’on (I) shall take effect on the expiry of fifteen days from the date of itsreceipt by the authority unless within this period of fifteen ays he withdraws such resignation by writing under his hand addressed to the Deputy Commissioner in case of President and to the President of the Gaon Panchayat in respect of Vice-President. (3) Every President or Vite-President shall vacate the office if M he ceases to be member of Gaon Panchayat. No. confide- 15. (1) Every President or Vice-Pretident s all be deemed to have nee motion vacated his office forthwith when resolution expressing want of confi- nresHent and d e n c e *n *s Pa s se u by a majority of two-thira of the total num- Vice-Preside-^e r o f members of the Gaon Panchayst. nt. Such a meeting shall be spacially convened by the Secretary of the Goan Panchayat w ith approval c f the President of the Gaon Panchayat. Such meeting sha’l 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 o f the Gaon Panchayat shall refer the matter to the President ot the concerned Anchalik Panchayat wtio shall arrange to convene the meering within fifteen days from the receipt of intimation from the Secretary of the Goan Panchayat and preside over such meetirg. In case the President of the Anohalik Panckayat dues ro t take action as above within the specified fifteen days time the c.cerned Deputy Commissioner may refer the matter to the Zilia Parishad for necessary action. (2) The requisition for such a special meeting under Sub-Sec­ t io n —(1) shall be signed by ro t less than one third of the total nutn- « ber e f members of the Gaon Panchayat and shall be delivered to the President or Vice President as the case may be, of the concerned Ancha- lik Panchayat wbh intimation to the Deputy Commissioner of ihe District. A (3) Without prejudice to the provision under this Act a President or a Vice-President of a Gaon Panchayat may be removed from office by the concerned Anchalik Panchayat with the approval of the Zila Parhhad for misconduct of his/her duties or neglects or incapacity to perform his/her du ties-or for being persistently remiss in the discharge of or guilty of any disgraceful conduct and President or Vice-President so removed shall not be eligible for re-election as Presiden or Vice-President during the remaining term of office either as President or Vice-President of such Gaon Panchayat. Provided (hat no such President or Vice-President of a Gaon Panchayat shall be removed from office unless he is given reasonable opportunity to furnish explanation to the Anchalik Panchayat. (4) A Vice-President so removed from his office under jub-ieefion (3) may also be removed from membership of the Gaon 606_____ THE ASSAM GAZETTE, EXTKAOKDiNARY. MAY 6, 1©94 Panchayat by the Government after the giving member a reasonable opportunity to furnish his explanation Resignation lb. A member of a Gaon Panchayat may resign his membership of members, in writing under his hand addressed to the President of the Gaon Panchayai. Meeting ®f l 7- (1) A Gaon Panchayat shall meet for the transaction of business the Gaon at least once in two months at the office of the Gaon Panchayat p*ncbayat. a n (j a t SUCa time as the President may determine. (2) The President whenever be thinks fit, and shall, upon the written request of not less than one third of the total number of members and on a date within fifteen days irom the receipt of such request, call a special meeting. (3) Seven cle.r days notice of an ordinary meeting and three clear days notice of a special meeting specifying the place, date and time of such meeting and the business to be transacted therein shall be given by ‘he Secretary of the Gaon Panchayat and fix the notice on the notice-board of the Gaon Panahayat offiee. (4) The officers to whom notice is given under sub-iectioa (3) and other Government officers having jurisdiction over the Gaon Pan­ chayat area or any part thereof shall be entitled to attend every meeting of the Gaon Panchayat and take part in the proceedings but shall not be entitled to vote. (5) If the President fail to call a special meeting under lub-scc- ction(2), the Vice-Presinent or in his absence, one third of the total number of members may call such a meeting on a day not more than fifteen days thereafter and require the Secretary of che Gaon Pancha- ~ yat to issue notice to the members and to take such action as may be necessary to convene the meeting. 18. (1) The Quorum for a meeting of the Gaon Panchayat shall Quorum and u e third of the total number of members. Procedure. v w (2) If at the time appointed for the meeting a quorum is not present, the presiding authority shall wait for fhrity minutes, and if within such period there is no quorum, the presiding authority shall adjourn the meeting to such time on the following day or such future date as he may fix but not beyond fifteen days trom the date of the adjourned meeting. However, the adjourned meeting shall require no quorum. (3) The business which could not be considered at the meeting so adjourned for want of quorum, shall be brought before and dis­ posed of at the meeting so fixed. THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994 6«7 (4) Save as otherwise provided by or unde® this Act, at every nwetiag of Gaon Panchayat, the President or in his absence the Vice-President shall preside. (5) The voting, in any meeting of Gaon Panchayat, if required, shall be by raising of bands, except in the meeting where no-confide­ nce motion is discussed where the matter will be decided by secret ballot. « (6) All questions shall, unless otherwise specifically provided, be decid rd by a majority of votes of the members present. The Presi- dent/Vice-Presiden* presiding, as the case rray be, unless he refrains from voting, shall give bis vote before declaring ths number of votes for aad against a question and in the case of equality of votes, he may • give big casting vote. (7) No member of a Gaon Panehavat shall vote on, or take part in the discussion of, any question coming up fcr Goasideratton at a meeting of Gaon Panchayat, if the question is oee in which apart from its general application to the public, he hes any pecuniary in­ terest, and if the person pr-tsidir-g ^as such an interest, he shall net pieside over the msetlng when such question c«»es np for considera­ tion. (8) If the person presi ins is believed by any member present at the meeting to have any sucu pecuniary in’er-st in any matter under discussion, and it a motion to that effect b< tarried, he shall not preside at the meeting during such disetssien or vote on or take pari in it. Any member cf the Geon Parchsyai n ay be chosen to pre­ side at the meeting during its continuance of such discussion. Functions of lg. Subject to such conditions as may be specified by the Govern- chavat P a”' m e n t r̂ o m time t o time, ths G-ton Panchayat shall peiform the functions specified below :— 1. GENERAL FUNCTION (1) Preparation of Annual Plans for the development of the * Gaon Panchayat area. (2) Preparation of Annual Budget of Gaon Panchayat. (3) Mobilisation of reliefs in natural calamities. (4) Removal of encroachments on public propertiea. (5) Organising voluntary labours and contribution for community vorks. (6) Maintenance of essential statistics of villages. 608 'THE ASSAM GAZETTE, EXTRAORDINARY, M AY 6, 1994 II AGRICULTURE INCLUDING AGRICULTURE EXTENSION (1) Identification and implementation of various Agricultural Sch­ emes amounting not exceeding rupees fifty thousand for agricultural development in the Gaon Panchayat Area with technical assistance from Agriculture-, Co-operation, Irrigation and other concerned departments. (2) Development t f waste lands. (3) Development and maintenance of village grazing lands and- preventing their unauthorised alienation and use. III. ANIMAL HUSBANDRY, DAIRY DEVELOPMENT AND POULTRY: * (1) Improvement of bteed of cattle, poultry and other livestock. (2) Promotion of dairy faming, poultry and piggery. (3) Gt assland development. IV. FISHERIES: (1) Development of fisheries in the villages. V. SOCIAL AND FARM FORESTRY/MINOR FOREST PRODUCE, FUEL AND FODDER: (1) Planting and preservation of trees on the sides of roads and other public land under its control. (2) Plantation of firewood trees and fodder development, (3) Promotion of farm forestry. 4(4) Development of social forestry. VI. KHADI, VILLAGE AND COTTAGE INDUSTRIES: A (1) Promotion of rural and cottage industries. (2) Organisation of awarenets camps, seminar and training pro­ gramme, agriculture! and industrial exhibition for the benefit of the rural people. VII. RURAL HOUSING: (1) Distribution of house sites wuhin its jurisdiction. (2) Maintenance of records relating to the houses, site and other private/public properties. THE ASSAM GAZETTE. EXTRAORDINARY. MAY- 6, 1994 609 VIII. DRINKING WATER: (1) Construction, repairs and maintenance of drinking water wells, tanks ponds and tube-wells. (2) Prevention and control of water pollution. (3) '4aintenan.ee of ru<al water supply scheme. IX. ROA OS, BUILDINGS. CULVERTS, BRIDGES, FERRIES, • waterways and other means of communication. (1) Construction and maintenance of village roads, drains and culverts. (2) Maintenance of buildings under its control or transferred to $ it by the Government or any public authority. (3) Maintenance of boafs, ferries and water ways, X. RURAL ELECTRIFICATION: ;; ; Including identification of locality for distribution of electricity, pro­ viding for and maintenance of lighting of public streets and other places. jsbauoig l«hrc a .. ... m ■ XI. N ON-CONVENTIONAL ENERGY SOURCES: -- j . i'­ ll) Promotion and development of non-c^nventional energy sources. . . . . . . . . 3 . (2) Maintenance cf community non-conventional energy device, including bio-gas plants. (3- Propagation of improved chulhas and other efficient energy devices. < XII. POVERTY ALLEVIATION PROGRAMME: (1) Promotion of public awareness and participation in implemen­ tation of poverty alleviation programme for lulser employment and crea­ tion of productive assets-for the community. (2) S lection of beneficiaries under varieus programmes including IRDP through Gaon Sabha. (3) Participation in effective implementation of various schemes and monitorin XIII. EDUCATION INCLUDING PRIMARY SCHOOLS : 1 Pr motion cf pub c awaieness and participation in Primary • rd'Secondary Education. (2) Emuri g ull earo'meat a d ttehdai.cc in Primary Schools and its ' er rgemcnt i ; c.vcir.g the attendance x f the Primary School teac ers. ; 610 THE ASSAM GAZETTE. EXTRAORDINARY, MAY. 6, 1994 XIV. ADULT AND NON-FORMAL EDUCATION (1) Promotion of adult literacy. XV. LIBRARISE: (1) Organisation of village library and reading rooms. XVI. CULTURAL ACTIVITIES: (1) Promotion of social and cultural activities. XVII. MARKETS AND FAIRS: (1) Regulation of fairs including cattle fairs and festivals. XVIII. RURAL SANITATION : (1) Maintenance of general sanitation, cremation and burial grounds. (2) Clearing of public roads, drains, tanks, ponds, wells and other public places. (3) Maintenance and regulation of burning and burial grounds. (4) Construction and maintenance of public latrines. (5) Disposal of unclaimed corposes and carcasses. (6) Management and control of washing and bathing ghats. XIX. PUBLIC HEALTH AND FAMILY WELFARE : (1) Implementation of family welfare programme. (2) Prevention and remedial measures against epidemics. (3) Regulation oi sale of meat, fish nd other perishable food articles. A(4) Participation in programmes of human and animal vaccination. (5) Licensing of eating and entertainment establishment. (6) Destruction of stray dogs. (7) Regulation of caring, tanning and dyeing of skins and hides. (8) Regulation of offensive ai d dangerous trades. XX. WOMEN AND CHILD DEVELOPMENT: (1) Participation in the implementation of women and child welfare programme. the ASSAM GAZETTE. EXTRAORDINARY MAY. <i, 1994 611 (2) Promotion of school health and nutrition programme. XXI SOCIAL WELFARE INCLUDING WELFARE OF HANDI­ CAPPED AND MENTALLY RETARDED: (1) Participation in the implementation of the social welfare pro­ gramme, including welfare of the handicapped, mentally retarded and destitutes and distribution of foodstuff oa Social welfare programmes. (2) Selection of beneficiaries and monitoring of the old age and widows pension schemes. XXII. WELFARE OF THE WEAKER SECTIONS AND IN PARTICULAR THE SCHEDULED CASTES AND SCHEDULED TRIBES : (!) Promotion of public awareness with regard to welfare af Scheduled Caites and Scheduled Tribes and other weaker sections. (2) Participation in the implementation of the specific progra­ mmes for the welfare of the weaker section. XXIII. PUBLIC DISTRIBUTION SYSTEM : (1) Promotion of public awareness with regaid to the distribu­ tion of essential commodities. (2) Monitoring the public distribution system including keeping sharp vigilance to ensure full and equitable distribution of essential commodities allotted by the State Government. XXIV. MAINTENANCE OF COMMUNITY ASSETS : (1) Maintenance of Community Assets. (2) Preservation and maintenance of other Community Assets. XXV. CONSTRUCTION AND MAINTENANCE OF DHARAM- SALAS AND SIMILAR INSTITUTIONS. XXVI. CONSTRUCTION AND MAINTENANCE OF CATTLE SHEDS POUNDS AND CART STANDS. XXVII. MAINTENANCE OF PUBLIC PARKS AND PLAY GROUNDS. XXVIII. CONSTRUCTION AND MAINTENANCE OF SLAU­ GHTER HOUSES. XXIX. MAINTENANCE AND REGULATION OP MANURE. XXX. SUCH OTHER FUNCTIONS AS MAYBE ENTRUSTED FROM TIME IO TIME BY ORDER OF THE GOVT. IN THE DEPTT. OF PANCHAYAT AND RURAL DEVELOPMENT. 612 THE ASSAM GAZETTE. EXTRAORDINARY, MAY. 6, 1994 be specified there in ,— Assignment 20, (1) The Government may. by notification a n l subject to such offuncuons. c o i t i o n s as may ' (a) ten a nee ’’"I ; ? -(b) transfer to of a forest any Gaon Panchayat the management and taam- situated in the Panchayat area ; to the Gaon Psnchayat the management of wastemake ever ’ ______ ______ ____ „ lands, pasture lands or vacant lands belonging to the Government situated within the Panchayat a re a : (c) Provided that when any transfer of the management and BiaiDienanse of a forest is made under danse (a), the Government shall direct that any amount required for such management and maintenance or an adeqmte portion of income from such placed at the disposal of the Gaon Panchayat. forest be (2) The Government may, bv notification modify any assigned in this Section. functions necessaryG enera l 21. A Gaon P nchayat shall have powers io d o all acts powers of for or incidental to the carrying out of the functions entrusted, assigned chayafcu o t delegated to it aud, in particular, and without prejudice to the foregoing powers, to exercise all powers specified in this Act.to exercise all powers specified in this Act. Standing 22. (1) Every Committees. d»ng Committees of the ‘G ass Panchayat-— Gaon Fanchayat shall constitute the following S taa- by election from amongst the elected members (i) Develrpn'ent committee agricultural production, animal poverty alleviation programmes, for performing functions relating to husbandry and rural industries and (ii) Social justice committee (a) interests Classes; for performing functions relating to :— promotion of educational, economic, social, caiteral and other of Scheduled Castes and Scheduled Tribes and Backward - J b) and any protection of such castes and classes from social injustice form of exploitations ; ' U t t (c) welfare o f women and children. -UAd .iLHU/J '' j A. *1 T T Cf <;'S '-.J S'! Social welfare committee to perform functions in respect of education, public health, public works and other functions of the Gaon Panchayat. (2) (a) Each committee shall consists of not less than three or more than four members including the President or the Vice-President, as the case say be. I r e President of the Gaon Panchayat shall be Ex-Officio me .her and Chairman of all the three commitjees : (iii) THE ASSAM GAZETTE, EXTRAORDINARY, MAY- 6 1994 613 ■ Pi vided that the socit ju u 'c? committee 'ball consist of one member who is a Woman ? ir one member belonging to Scheduled Gaite or Scheduled Tribes as case may be. (bi The Gaon Panebay;-' shall be t ompeteut to co-opt to each committee, ths num ber of Agriculture Field Management Committee, Mahila Sa ittce, Yuba’- Sami’ ee a <’ ot er similar budies recognised b the Govcrumewf. Such c m - ion sbonl< be decided by the Gaon Panchayat by resolutior with majority support. Jc) A re- resentati'e of Co-r erati > Socit'es in the Panchayat area shall be co-opted the Development Committee : Provided t at A® co- :ed members shall have the right to take part in the deliberation but shall have no right to vote. (3) The Stando;g Committees ’ all perform the functions referred to above, to t ie extent the powers are d.-ieeateti to them by the Gaon Panchayat. 23. (1) A aon Panchayat dispose of property and to Property & fund of Gaon Panchayat. shall have powers to acquire, hold and eoter into contract : Provided tha in all ase: of acquisition or disposal e f immovable proper y by the Gaon Panchayat, it shall obtain the approval o f the Government. (2) All properties. within- the loaal limit of the jurisdiction of Gaon Panchayat, of the nature hereinafter in this section specified, o tte r than property maintained by the central or State Government or a local authority or any othei Gaon Panchayat, shall vest in and belong to the Gaon Panchayat, and shall wTh all ether properties o f what­ soever nature or kmc it nay become vested in the Gaon Panchaya’, be under its dircc-T. management and control, that is to say— (a) all common pr pe ties; (b) all ■ bli Site ;, including he soil, stones and other m aterial thereof and all drums, bridges, culverts, trees, erection, materials implements and other th iA s provided for such streets; (c) All ublic cha. uels, water courses, springs, tanks, ghats, reservoirs, wells, pipes, pumps and other water works whether made, laid or erected a ’ Ac cost oi the Gaon Panchayat or otherwise, and all bridges, buildings, engine, works, materials connected therewith or pertaining thereto and also any adjacest land (not being private proper-y) pertaini g io ally public tank : Provided that water pipes and water works connected therewith or pertaining thereto which with he consent of the Gaon Panchayat are laid or setup in any street by the owner of any mill, factory, workshop or the like, primarily for the use of their employees shall no t be deemed to be public water works by reason of their use by the public. 614 _ T H E ASSAM GAZETTE. EXTRAORDINARY, MAY. f, 1994 (d) all sewage, rubbish and offensive mailer deposited on streets or collected by the Gaon Panchayat from streets, latrines, urinals, sewers and other places ; (e) all public lamps, Lamp posts and apparatus connected there­ with or pertaining thereto; and (f) all buildings erected by the Gaon Panchayats and all lands and buildings or the property transferred to the Gaon Panchayat by the Central or the State Government or acquired by gift, purchase or otherwise for local pubuc purposes. (3) The State Government may. exclude any street, bridge or drain from the operation of this Act or of any specified section of this A ct: Provided that construction and maintenance of such items are done by other agency/Goverpmeni from resources other than Gaon Pan­ chayat fund : Provided further that if the cost of the construction ot the work had been paid from the Gao* Pancaayat fund, such work shall not be excluded from the operation of this Act or »>ny special section ot this Act except after consideration of the views of the Gaon Panchayat at a meeting. (4) The Government may allocate to a Gaon Panchayat any public property situated within its local jurisdictions, and thereupon such property shall vest in and came under the control of the Gaon Panchayat. Gaon Pan- 24. (1) For every Gaon Panchayat there shall be constituted a chayat f«nd. Gaon Panchayat fund bearing the name of the Gaor Panchayat and there shall be placed to the credit thereof:— (a) contrrbutlon and grafts, if any, made by the Central or the State Government; (b) contribution and grants, if any made by the Zilla Parishad, Anchalik panchayat or any other local authority; (c) loans, if any, granted by the Central or the State Government ; (d) all receipts on account cf taxes, rates and fees levied by it ; ie) all receipts in respect of any schools, hospita's, dispensary, buildings, institutions or works vested in, ccnstrucied by or placed under the control and managemes-t of the Gacn Panchayat. (f) all sums received as gifts cr contribution and all income from any trust or endowment made in favour o; the Gaon Panchayat ; (g) such fines and penalties imposed ©r realised under the provi­ sions of this Act as may be prescribed; THE ASSAM GAZETTE. EXTRAORDINARY, MAY. 6, 1994 615 (h) all other sums received by or on behalf of other Gatn Paneha- yat. (2) Every Gaon Panohaynt shall get apart and apply annually such sum as may be rec tied to meet the cost of its own administration including payment of wages and purchase offurriture and other office equipment afid suiiooery articles and to meet the charges on electri­ city, post and telegraphs, P. O. L. etc. and other iacidental charges : Pcov.ded that tk ; tojal expenditure on establishment shall not exceed one third of th© total expenditure of the Gaon Pancbayat in a year. (3) Every Gaon Pancbayat shall have the powers to spend such sums as it thinks fi f r carrying out the purposes of this Act;♦ (4) The G. on Panrkavat fund shall be vested in the Gaon Pan- chayat and the balance to the credit of the fund shall be kept in the custody of the Gaon Pancbayat Secretary. Taxation. 25. (1; Subject to such rules as may bo made in this behalf, a Gaon Pancbayat shall impose yearly t— (a) tax on houses an J structures within the local limits ; (b) on traces and callings carried on or he’d within the local limits of its jurisdiction, a lax or tie basis of the total annual income accrued from such trades and calling. (2) Sabjtct to such rules as rosy be made in this behalf, a Gaon Panchay^t shall levy, fa) a dutv in the shape of an additional stamp duty on all pay­ ments for admission to any entertainments; « (b) a fee for providing sanitaiy ar/angemeat at such places of workshop or pilgrimage, furs --id melas within its jur'sdictioa as may be specified by the Government; (c) a water rate, where arrangement for the supply of water for a drinking, irrigation or any other purpose is made by the Gaon Pan- chavat within its jurisdic ion; (d) a lighting rate, where arrangement for lighting of public streets and places is mad© by the Ga n Panchayat within its jurisdiction; (e) a conservancy rate, w- ere arrangement for clearing private latrines, uitnais is maJe by ike Gaon Panchayat within its jurisdiction. (3) Subject to the rules and bye - laws framed in this behalf, a Gaon Pancbayat may impose tax on the following (a) saie o' firewood and thatch, conservance and slaughter house ; (b) private hat, and private fisheries; 656 THE ASSAM GAZETTE. EXTRAORDINARY. MAY 6, 1994 . -jr . t ■ -ne^ 'osD ifiOOl so*O a ,1; (c) shops, pharmacies, tailoring, laundry, hair cutiiog saloon, car- pentary works and automobile workshops, V., V.C.X., radio and tape recorder repairing shops; (d) cultivable land lying fallow for two consecutive years at a rate not exceeding twenty five paise per oigua for every year, being payable joint!’, or levera’ly by the cwners of such land. (e) a cess or fee on— (i) registration of cattle sold within he local area; (ii) licence for startiag > e i stall, hotel, sweet m t at stall, restaurants; (iii) carts, carriages, bi-cycles, boats and rickshaws o f any kind; ** (4) The taxes etc. shall be imposed, assessed and realised at such time and in such manner ® may be prescribed. (5) Any person aggrieved by assessment, levy or imposition of any taa or fee may appeal t® the Anchallfc FanChayat. Any per­ son aggiicvad by the order of the Aaeh; lik P^achayM, may appeal before the Zilla Parish«.i, v hese ’eciston in this regard shall be final. (6) T e State Government, may suspend the Je '•/ or imposition of any tax or fee at any lime and rescind such imposition in consultation with the Zilln Par'shad. (7) Subject to such rules as hr.^y be made in this behalf by a Gson Panc&ayat, a Gaon Panchayat may levy taxes on a parti­ cular trade or commerce with » view to utilise the fund so collected for the imp-ovemer <. of the facilities for development of that particular trade or . jm-.-firce with the approval of the Anchalik Par>chayat concerned. ' 26. Subject to the provision of (his section, every Gaon Panchayat assfetmeeto$’i a U e entitle^ to receive share v. \ j iu . an! Local Rates/ tJaon Pan- grantt-in-aid as preset b, d from the c c s s -lidat ’J fund of the State as cbayat. recommended by the Si -be Finance Co n ahsioa constituted u n d e r- Section 113. of this Act. 27. (1) 'Every Gaon P i .c ia y ,! sha I, at tuch time and in such manner as may ■: prescribe i, prepare in each year a . budget of its estimated receipts a d disburse tn t for the following year and shall submit tae budget to «he-.Anchalik Panchayat, having jurisdiction over the Gaon Panchayat. (2) The Anchlik Panchayatmay within such time as m a j,b e pres­ cribed, either approve the budg\ t or return it to the Gaon Panchayat fay such modification as it may direct. On suich modification being made THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994 617 he budget shall be re-submitted within such time as may be prescribed for approval of the Anchalik Panchayat. (3) No expendi ure shall be incurred unless the budget is appro­ ved by the Anc aiik Panchayat. If the Anchalik Panchayat fails to convey its approval wit in he t me prescri ed for the p rpos ■, the budget shall be deemed to have been approved by the Anchalik Pane ayat. Accounts of the Gaon PanChay; t. 28. (1) Accounts of income and expenditure of ever Gaon P<n- chayat shall be kept in such form and manner as may be prescribed and the Secretary of the Gaon Pane! ayat shall be responsible for maintaining the accounts of the Panchayat properly. (2) Tf e Secretary of tl e Gaon Pai cl ayat shall not ineir any ex­ penditure/ without the approval of the President of the Gaon Pancha at. Audit 29. (l)The audit of the accounts of the Gaon Panchayat shall be carried out by the authority as may be prescribed by the Gov rn- ment and a copy oi the audit report shall be forwarded to the Gaon Panchayat within one month of the completion of the audit. (2) On receipt of the audit report referred to in sub-section (1), the Gaon Panchayat shall either remedy the defects or irregularities which have been pointed out in audit and sen i to the Anchalik Pan­ chayat and the Director of Panchayat and Rural Development, Assam within three months, an intimation of its having done so or shall, within the said period, supply any further explanation to the Anchalik Panchayat and the Director of Pane! ayat and Rural Development, Assam in regard to such defects or irregularities as it may wish to furnish- „ Staff of 30- (1) There shall be a Secretary, and other staff as may be Gaon Pan-prescribed by overnment io every Gaon Panchayat who stall be cbayat. appoin ed >s provided jn Section-140 (1) and/or deputed by Govern­ ment from time to time. In respect f the provincialised emplo­ yees, the Director of panchayat and R ua! Development shall be the appointing authority. 2) The Secretary shall be in charge o the offee of the Gaon Panchayat and shall perfoTi. ar d exercise, all the powers and duties imposed or c nferred upon him by or under this Act, any rules or bye-laws made thereunder. (3) The salaiies etc,, of the employees of the Gaon Panchayat shall oe paid in th? manr er as m^y be prescribed by ih State Government. (4 The Gaon Panchayat shall not appoint or engage ?ny person for anv pest in the Ga n Panchayat. (5) Reg .rdi: g discipline a< u control, the Secretary shall act in all matters under the control of the President ci >hc Gacn Pancba- yat thiough whom he shall be responsible to tie Gaon Panchayat. 618 THE ASSAM GAZETTE. EXTRAORDINARY, MAY 6, 1994 CHAPTER—V ESTABLISHMENT AND CONSTITUTION OF ANCHALIK. PANCHAYAT Establish. gj. (j) p o r e a c h Development Block there shall be an Anchali^ chriik Pan- P a n chayat having jurisdiction, save as otherwise provided in this chayat Area Act, over the entire Development Block jurisdiction excluding of Anchaiik such portion of the Block as ate included in a Town Committee and Panchayat. as are included in a Municipality/or under the authority of Municipal Corporation, a Sanitary Board or cantonment area or a notified are^ constituted under any law for the time being in force: Provided that a Block may comprise of such villages as are not contiguous or have no common boundaries and are, separated by an area to which this Act, does not extend or in which the remaining sections of this Act, have not come into force. (2) Every Anchaiik Pai chayat shall be a body corporate bv the name of Anchaiik Panchayat and shall have perpetual succession and a common seal and subject to such restrictions as are imposed by or under this or any other enactment, shall be nested with the capacity of sueing or being sued in its corporate name, or acquiring, holding and transferring property, movable ci immovable whether Will out or within the limits of the area over v.hich it has authority, ot entering into contracts or doing all things, necessary, proper and expedient for the purpose for which it is constitute Constitution 32. (1) Every Anchaiik Parchayat shall consist of : - ef Anchaiik Panchayat. A (a) One member from each Gaon Panchayat -to be directly elected from the territorial constituencie of the Gaon Panchayats un^er the jurisdiction of the Anchaiik Paechayat. (b) The Presidents of the Gaon Panchayats fallirg within th* jurisdiction of the Anchaiik Panchayat. (c) The Membei s of the House of People and the Members of the Legislative Assembly of the State representing constituencies which comprise wholly or partly, the Anchaiik Panchayat, (2) Every member shall have the right to vote whether or not chosen by direct election in the meetings of the Anchaiik Panchayat. Election of 33. (1) One Gaon Panchayat area shall form a constituency Memberŝ fo r e ie c ting one member directly to the Anchaiik Panchayat. <2) The allotment of seat under sub-settion (1) for directly elected members shall be the same throughout the entire State. THE ASSAM GAZETTE. EXTRAORDINARY, MAY 6, 1994 619 Reservation 34. (I) Seats shall be reserved in a Atichftlik Pacchsyat for the of Seats. Scheduled Castes and Scheduled Tribes; and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that Anchalik Panchayat as the population of the Scheduled Castes in that Anchalik Panchayat area or of the Scheduled Tribes in that An­ chalik Panchayat area bears t® the total population of that area and such seats may be allotted by rotation to different constituencies in a Anchalik Panchayat in such manner, as may be prescribed. (2) Not less than one-third of the total number of seats reserved under Clause (1) shall be reserved for w men belonging to Scheduled Caste? as the case may be the Scheduled Tribes. (3) Not less than one-third, ( including the number of seats reserved for women belonging to Scheduled Castes and Scheduled Tribes ) of the total number of seats to be filled by direct election in every Anchalik Panchayat, shall be reserved for women and such seats may be allotted by rotation to different territorial constituencies ' of a Anchalik Panchayat, in such rranner as may be prescribed. - ? u rt t iov 35. Every Auchalik Panchayat, save as otherwise provided ia Panrhfyat. tfa{s A c t’ s h a)l continue for a term of five years from the date appointed for its first meeting. Election 35. n The election to constitute an Anchalik Panchayat shall bo Process for Anchalik completed— Panchayat. (a) before the expiry of its duration specified in Section 35; (b) in case of dissolution, before the expiration of a period of six months from the date of its dissolution : Provided that where the remainder of the period for which the dissolved Anchalik Panchayat would have continued, is less than six months, it shall not he necessary to hold any election under this clause for constituting the Anchalik Panchayat for such period. (2) An Anchalik Panchayat constituted upon the dissolution be­ fore the expiration of its duration, shall continue only for the remain­ der of the period for which the dissolved Anchalik Panchayat would have continued under Section (35) had it not been dissolved. io. r 37. (1) The directly elected members of the Anchalik Panchayat shall President0 e*< c t fr0 ]m amongest the members two members as President and Vice-Pre- and V ice sident respectively of the Anchalik Panchayat in a meeting (which President of shall be called the first meeting of the Anchalik Panchayat) to be A"ckal’k P a‘ convened by and presided over by the Deputy Commissioner of the nc a y a . District in the manner prescribed. The Deputy Commissioner may delegate the powers of presiding over such meeting to any officer not below the rank of Class-1 Gaze ted officer. (2) If there occurs casual vacancy in the office of the President or the Vice-President the members shall elect another’ member from 620 THE ASSAM GAZETTE. EXTRAORDINARY. MAY 6, 1994 amongst t ie members as hereinafter provided, 8s the Persident or the Vite President, as the case may be, in the manner prescribed : Provided that no lection ‘T a 1! be I el I if the vacancy is for a period of less than one month, Reservation 38. (1) Ther. shall be reserved by the Government in the for the ofli- prescribed manner, v ces of the Pr­ esident and Vice-Preside­ nt of Ancha- lik Pancha- chayats in t ie yat. ( t (a) such number of offices of the President of A n h ab k Pan- ‘ : distiict for the person belonging to the Scheduled Castes and Scheduled Tribe.-, anc th nun her of such offices beari gf as > ra ly as may be the same proportion to offices in the District as the populati n of the the Districts or of the Scheduled th total populat on cf the District; f rib: s in the total number Scheduled C stes the - District bears of tn to m ad Dumber ; f offices <f ad (b) not less han ne-ti ird cf President and V cf-Pre ident c f the trict for eac of hr categories received for persons b e o r.itig to the rch-dui d Cast s Scheduled T r es and those which are non-reserved (or wom en: by lo b sdi xia eixlt dt ns. . is b •b i floituIot e i n i S o f f e to 1 A 'chalik Farchsvais in the dis* p ov ded t. at the offices reserved under this s b-sectio* shall be rota ion in < ifferei t Anchaiik Panchavats : Provided furth r that the principle of rotation for the purpose reserva ion cf offices under this sub-section shall commence fromof the first election to beheld after the commencement of the Act. 21 Save as a» d Vice-President office IS; ■g o e w e pr vided in this Act the Pr sident of the \ ch lik Pancha; at shall hold office for the the. members of the nc talik Panehay at.-sd -al&inai adi Meow ts /s d o „ Q A llow an^v lQ g ■ y of President members T T -aw l- 'ObYhetiiia j d e f e r s of„. $ Ever; member t b e y , c e t’anc. iy.rf. a Iowa* ccs as may be prescribed. vstn lanoiaaituoxoD '(tu J C a pow ers.'"" ^ W ^ r e s i d e n t shall, functions and duties of the ^ nR’ °" c r a n ' c o n d ? c t meeting;? of Anchaifc : allowances cf Ancfalik 4 (1) The of President and Vic -Pre-ident and Pancha at shall be as may be prescribed. of the Archal k Panchayat o her than the President shall be entitles to receive i ting THE ASSAM GAZETTE, EXTRAORDINARY, MAY. 6, 1994 621 (b) discharge all duties imposed and exercise al! the powers confered on him urder this Act, and the rules made thereunder and perform such functions entrusted to 1 im by the Gcvernmeiit from time to tim e; (c) cxe i? supervision over the Executive Officer for securing impl mentation of the res lutions or decisions of the Anchalik Pan- c ayat or ot the St nding Committees which arc not inconsistent with the provisions of this Act, or any general or special direction issued under this Act; (d) exsrc’se overall supervision over the fieancial and executive sdmi? isaation oi the A >chaiik Panchayat and place before the An­ chalik Panchayat al! ques ions connected tlcK w ith which shall ap- pe r to h m t r quire its ord-rs and for this purpose may call for records of Anehalik Panchayat. Powers, functions and duties of Vice-Presi­ dent of An­ chalik Pan- o f chayat. 41. Th,: Vice-President of an Anchalik Panchayat shall— (a) in t e bs nee of the President, preside at the meeting the AnchUik Panchayat; (bj exercise such pow eisand perform such duties of the Presi­ dent of the Anchalik Panchayat as the President from time to time may, subject to the rules made by the Govt, in that behalf, delegate to him by an order in writing ; and (c) pending the <lection of the President or during the absence c f the Preside nt from the Panchayat area or by rea-.on of leave for a period exceeding thirty days, exercise the powers and perform the duties of the President. Resigna’i- 42. (1) A member holding the office as President of the on or remo-An'halik Pa.cn ay at may resi n bis offi :e ar ®nv time by v riting val of the u n dei his own hand .'i. dressed to the Deputy Commissioner of the and v f ^ e c o n c e r n c d district and the Vice-President may resign his ffice at any President £ime by writing under Irs ha d addiessed to the President of the of Anchalik Anchalik Pinch ■ at nn 1 in abs nee of the President to the Deputy Panchayat. Commissioner cf the concerned district. (2 • Every President and Vice-President of Anchalik Panchayat shall vacate o je e , it he ceases to be a member of the Anchalik Panchayat. 622 THE ASSAM GAZETTE. EXTRAORDINARY. MAY. 6, 199 4 No confi- 43. (1) Every President and Vice-President of the Anchalik dence moti- p a n chayat shall be deemed to have vacated his office forthwith, the a p r e s i - b y 8 resolution express want of. confidence in him is passed dent and the hy a majority of two-third of total number of the members of the Vice-Presid-Anchalik Panchayrt. Such a meeting shall be specially convened with ent of Ariel,-^e approval of the President of the Anchalik Panchayat. Such me?ting yat. P °n C ha shall be presided over by the President if the motion is agai. st Vice- President and the Vice-President if the motion is against the President. In case such a meeting is not convened in the Anchalik Panchayat V within a petiod ot fifteen days fr m the date of receipt of the notice, the Secre’ary of the Anchalik Panchayat shall refer the matter to the President of the Zilla Farishfd with intimation to the Deputy Commis­ sioner. The President of the Zilla Parishad shall then arrange for convening the meeting within fifteen d i from the date of receipt of intimation. <? (2) In case the Zilla Parishad is not convening the meeting with­ in fifteen days time and disposed the m atter acc rdingly, the concern d Deputy Commissioner may refer the natter to th Government and Government shall in that case take appropriate action. (3) The requisition for such a special m eeting shall be signed by not less than one-third of ’he total member s of Anchalik Panchayat and shall be delivered to the President o f the Zi/Za Parishad with intimation to the Deputy Commissioner. The President of the Zilla Parishad shall within seven days from the date of receipt of the requisition, convene a special meeting of the Anchalik Panchayat. The meeting shall be held on a date not later than fifteen days from the date of issue ot the notice of the meeting. 4) Tn the event of removal either of the President or the Vice- § President of the Anchalik Panchayat, the Anchalik Panchayat shall elect, from amongst the members in the sr.me manner as under sub-se. tion (2) of Section-37 a President or a Vice President ss (he case may be : Provided that such member si ill net be eligible for re-election as President or Vice-President during he remaining term of office as member of the Anchalik ’archaya<. (5) Every PiesideDt or Vice-Prcs'dent of the \nchelik Panchayat shall after an opportuni y is afforded for h ari ■ him, be removeable from his office as President or Vice-President by the Zilla Parishad with the approval of the Government lor misconduct in the discharge of office duties, for being persisfanty remiss in the discharge of his duties and a President or a Vice-President t o removed shall remain in the office of the member. the A "AM GAZETTE EXTRAORDINARY MAY 6, 1994 623 (6) A President or a Vice-President removed from hist office under sub-section (5) may also be removed by the Government from member­ ship of the Anchalik Panchayat. R m S s 4 4 ’ A m e m b e r o f an Anchalik Panchayat may resign h<s membership of Anchalik1'0 under his hand addressed to the President of the Anchalik Panchayat. Panchayat and his eat shall become vacant immediately. Meeting of 4 5 . / I ) An Anchalik Panohayat shall hold a meeting for the Anchalik transaction of business at least once in two months (hereinafter Panchayat. j& section called the crdmary meeting) and shall subject to the provisions of the folk wing sub-sections, make regulations not incot sistant with the provisions of this Act, or with any rules made thereunder with respect to the date, hour, notice, manage­ ment and adjournment of its meetings and generally with respect to transaction of business thereto. (2'1 Ever y meeting of the A ichalilc Panchayat shall ordinarily be held at the Head Quarters of t^e Anchalik Panchayat. (3 ) The date of the first meeting of the Anchalik Panchayat, after the fir t consti ution or re-constitution, shall be fixed by the Deputy . Commissioner <f the district and date of each subsequent ordinary me ting shill be fixed ai the previous meeting of the Anchalik Panchyd, prvided th .t the President may for sufficient reasons, alter the day of the meeting to a subsequent date. The President may- wbenev-i he thinks fit, shall, upon the written request of not less than one-third of the tot <1 number of members and on a date within fifteen days from the receipt of such request, call a special meetin . Such request shall specify the object foj which the meeting is pr>posed to be celled. If the President fails to call the special meeting, the Vice President or one-third of the total number of members may call the special meeting for a day not more than fifteen days after representation of such request and require the Ex­ ecutive Officer to give notice to the members and to take such actioa as may be necessary to convene the meeting. ( 4 ) Ten clear days notice of an ordinary meeting and seven clear days notice of a spec al meeting specifying the lime at which the meeting is to be held and the business to be transacted thereat, shall be sent to the members and pasted up at the office notice board of the Anchalik Panchayat. Such notice shall include, in the case of a special meeting, any motion or proposition mentioned in ths written request made for ruch meeting. 624 THE ASSXM GAZETTE EXTRAORDINARY, MAY 6, 1994 Quorum 46. (i) One-third of the total numbei of members of the An- aiikhpancha? chalik Panchayat shall form a quorum for tansacting business yat meeting a t a meeting of the Anchalik Panchayat. If at the time appoin­ ted foi a meeting a quorum is not present, the person presiding shall wait for thirty minutes, an d if within such period, there is a quorum, proceed with the meeting, but if within such period, there is no quorum, the person presiding shall ad-w journ the meeting to such hour on some future date as he may fix. He shall similarly adjourn the meeting at any time after it has begun, if his attention is drawn to the want of quorum. At such adjourned meetings, no quorum shall be,, necessary and the business which would have been brought" before the original meeting, shall be transacted- (2) Every meeting shall be presided over by the Presi­ dent or if he is absent, by the Vice President and if both are absent or if the President is absent and there is no Vice- President, the membres present shall elect one from among themselves to preside. (3) All questions shall unless otherwise specifically pro­ vided, be decided by a majority of votes of the members present and voting shall be by raising of bands. The Presi­ ding Member, unless he refrains from voting, shall give vote before declaring the number of votes for and against a ques­ tion and in case of equality of votes, he may give his casting^ vote. (4) No member cf an Anchalik Panchayat shall vote on, or take part in the discussion of, any question coming up for*? consideration at a meeting ol the Anchalik Panchayat o" any committee, if the question is one in which apart from its original application to the public he has any direct pecuniary interest. (5) If the person presiding is believed by any member present at the meeting to have any such pecuniary interest in any matter under discussion, and if a motion to that effect is carried, he shall not preside at the meeting du­ ring such discussion, or vote on, or take part in it. Any member of the Anchalik Panchayat may be chosen to preside over the meeting during the continuance of such discussion. 625____ 'MIE ASS AM GAZETTE EXTRAORDINARY. MAY- 9, 1994 (6) No proposition shall be discussed at any ordinary meeting unless it has been entered in the notice convening such meeting or in the case of a special meeting, in the written request for such meeting. A member may propose any resolution connected with or incidental to the subjects included in the list of business- The President may pre pose any urgent subject of a routine nature not included in the list of business if no member objects to it. No permission shall be given in the case of a motion or proposition to modify or cancel any resolution within three months after the passing there­ of except in accordance with sub-section (8). The order in which any business or pre pc sition shall be brought for­ ward at such meeting shall be determined by presiding authority who, in case it is proposed by any member to give particular proposition, shah put the proposal to the meeting and be guided by the majority of votes given for or against the proposal. (7) Any ordinary meeting may, with the consent of a majority of the member present, be adjourned from time to time, but no business shall be transacted at any adjour­ ned meeting other than that left undisposed at the meeting for which the adjournment took place. (8) No resolution of Anchalik Panchyat shall be modi­ fied or cancelled witl in six. months after the passing there­ of except by a resolution passed by not less than one half of the total number of members at an ordinary or special meeting, and notice thereof shall have been given fulfil­ ling the requirements of sub-secticn (4) and setting forth fully the resolution which it is proposed to modify fully or cancel at such meeting and motion or preposition for the modification or cancellation of such resolution- of°vncha“fk 47. The proceedings of every meeting shall be recorded panchaylt in the minutes book immediately after the deliberations andeminutes°̂ ^he niecting arc! shall, after being read ever by the book’ofnAn-presiding authority of the meeting, be signed by him. Pan'T he action taken on the decision of the Anchalik Panchayat shall be reported at the next meeting of the Anchalik Panchayat. The minutes book shall not be taken outside the Anchalik Panchayat office under any circumstances. The Executive Officer shall be the custodian of the minutes book- 626 THE AS'AM GAZETTE EXTRAORDINARY, MAY. 6. 1994 Government Anchalik Panchayat may require the presence Officer in of Government officers at the meetings. If it Panchaya.a PPe a r s 10 a n Anchalik Panchayat that the attendance meetings. of any officer of the Government, having jurisdiction over an area of a district or less than a district and rot working under the Anchalik Panchayat, is desirable at a meeting of the Ancha­ lik Panchayat5 the Executive officer shall; by a lettcr addressed to such officer not less than fifteen days before the intended meeting, request that officer to be presesi the meeting and the officer shall, unless prevented by ness or other reasonable cause, attend the meeting : Provided that the officer on receipt of such, letter may, if he, for any of the causes aforesaid, is unable to be present there by himself, instruct his deputy or other competent subordinate officer to represent him at the meeting, General fan- ( 0 The General functions cf the Anchalik Panchayats ctions of An-shall b e — chahk. Panchayat. (a) preparation of Annual Plans in respect of the sche­ mes entrusted to it by virtue of the Act and those assigned to it by the Government or the Zilla Parishad and submi­ ssion thereef to the Zilla Parishad within the prescribed time for integration with the District Plan ; (b) consideration and consolidation of the Annual Plans cf all Gaon Panchayats under the Anchalik Panchayat - and submission of consolidated plan to the Zilla Parishad; (c) preparation of Annual Budget of the Anchalik Panchayat and submission to Zilla Parishad for approval within the prescribed time ; (d) performing such functions and executing such works as may be entrusted to it by Government or the Zilla Parishad ; (e) to assist the Government in relief operation in natural calamities ; THE ASSAM GAZETTE, EXTRAORDINARY, MAY. 6, 1994 627 (2) Agriculture including Agricultural Extension— (a) identification and implementation of schemes not exceeding rupees two lakhs and not below rupees fifty thousand for the agricultural development of the Anchalik Panchayat area with technical assistance and supervision from the Department of Agriculture, Co-operation and Irrigationetc. (b) maintenance of agricultural seed farms and horti­ cultural nurseries ; (c) storing and distribution of insecticides and pesticides; (d) propagation of improved methods of cultivation ; (e) promotion of cultivation and marketing of vege­ table, fruits and flowers ; ( f ) training of farmers and extension activities. (3) Land Improvement and Soil Conservation— (a) assisting the Government and Zilla Paiishad in the implementation of land improvement and soil conservation programmes of the Government. (4) Minor Irrigation, Water Management, Watershed Development— (a) assisting the Government and the Zilla Pariskad in construction and maintenance of minor irrigation works ; (b) implementation of individual irrigation woiks; (c) assisting the Government and the Zilla Pirishad in the implementation of schemes on Development of Ground Water] Resources, and Watershed Development Progrmmes. (5) Poverty Alleviation Programme— (a) planning and supervision of implementation of poverty alleviation programmesand schemesand providing guidance therefor- 628 THE ASSAM GAZETTE. EXTRAORDINARY. MAY. 6, (6) Animal Husbandry, Dairying and Poultry— (a) maintenance of Veterinary and Animal Husbandry Services ; (b) improvement of bleed of cattle, poultry and other livestock ; (c) promotion of dairy farming, poultry and piggery ; (d) prevention cf epidemics and contagious disease ; (7) Fisheries— (a) promotion of fisheiies development ; (8) Khadi, Village and Cottage Industries— (a) promotion of Rural and Cottage Industries; (b) organisation cf conference, seminars and training programmes, agricultural and industrial exhibitions ; (9) Rural Housing— (a) implementation of housing scheme and distribution of house sites in villages — (10) Drinking Wat r— (a) establishment, repairs and maintenance of rural water supply schemes ; (b) prevention and control of water pollution ; (c) implementation of rural sanitation schemes ; (11) Social and Farm Forestry, Minor Forest produce, Fuel and Fodder— (a) planting and preservation of trees on the sides of roads and other public land under its control; (b fuel plantation and fodder development ; (c) promotion of farm forestry ; (12) Roads, Building, Bridges, Ferries, Waterways and other means of communication— (a) construction and maintenance of public roads, drains, culverts and other means of communication which are not under the control of any other local authorities of the Government; THE ASSAM GAZETTE. EXTRAORDINARY, MAY. 6, 1994 629 (b) maintenance of buildings or other properties vested in the Anchalik Panchayat ; (c) maintenance of boats, ferries and waterways not un­ der the Govt- or any other local bodies ; (13) Non-Conventional Energy Sources: (a) Promotion and development of non-conventional en­ ergy source - (14) Education, including Primary and Secondary Schools: (a) Promotion of Primary and Secondary Education- (b) Construction, repairs and maintenance of Primary School Buildings. (c) Promotion of Social Education through Youth Clubs and Mahila Mandate- (15) Technical Training and Vocational Education; (a) Promotion of rural artisan and vocational training- (16) Adult and Non-Formal Education: (a) Implementation of Adult Literacy Programme. (17) Cultural Activities ; (a) Promotion of social and cultural activities. (18) Market and Fairs : (a) Regulation of markets, fairs and festivals. (19) Health and Family Welfare : (a) Promotion of health and family welfare programme. (b) Promotion of immunisation and vaccination progra­ mme. (c) Health and Sanitation at fairs and festivals- (20) Women and Child Development : (a) Promotion of programmes relating to development of women and children. (b) Promotion of school health and nutrition programme- (c) Promotion of participation of voluntary organisations in women and child development programme. 630 THE ASSAM GAZETTE, EXTRAORDINARY, MAY. 6, 1994 (21) Social Welfare including Welfare of Handicapped, Mentally Retarded : (a) Promotion of social welfare programmes including welfare of handicapped, mentally retarded and destitutes ; procurement and supervision of distribution of foodstuff in social welfare programmes. (b; Monitoring the old age and widows pensions and pensions of the handicapped. (22) Welfare of the weaker section and in particular of the Scheduled Castes and Scheduled Tribes: (a) Promotion of welfare of Scheduled Castes, Sched- tiled Tribes and other weaker section (b) Preventing such castes and classes from social injustice and exploitation. (23) Maintenance of Community Assets : (a) Maintaining of a'l community assets vested in it or transferred by the Government or any local authority or organisation. (b) Preservation and maintenance of other community assets- (24) Public Distribution System : (a) Promotion of distribution of essential commodities through fair price shops in the villages. Panchayat will also keep sharp vigilance over fair and equitable distribution of essential commodities. Panchayat will educate the people about consumer’s rights and assist in redressal of Consumer’s grievances. (25) Rural Electrification : (a) Promotion of rural electrification. (26) Co-operation: (a) Promotion of co-operation activities. (27) Libraries: (a) Promotion of libraries. (28) Such other functions that may be entrusted by the Government or the Zilla Parishad. THE ASSAM GAZETTE, EXTRAORDINARY, MAY. 6, 1994 631 3 e«wers of 50. The Anchalik Panchayat shall have powers to do all AnWhaiik acts necessary for or incidental to the carrying out of the Panchayat functions entrusted or delegated to it and, in particular and without prejudice to the foregoing powers to exercise all powers specified in this Act. Delegation of Powers.A 51. Anchalik Panchayat may, by notification delegate to the Executive Officer or any other officer, the powers conferred by or under this Act. * standing 52. (1) The Anchalik Panchayat shall have the following of°“™hlhk standing committees — Panchayat. 'a) General Standing Committee ; (b) Finance, Audit and Planning Committee ; (c) Social Justice Committee. (2) Each standing committee shall consists of such number of members not exceeding six including the Chair­ man, as may be specified by the Anchalik Panchayat, and chosen by the Anchalik Panchayat from amongst its mem­ bers. * (3) The President of the Anchalik Panchayat shall be the Chairman of the General Standing Committee and Finance, Audit and Planning Committee. The Vice-President of the Anchalik Panchayat shall be the Chairman of the « Social Justice Committee. (4) No member of the Anchalik Panchayat shall be eligible to serve in more than one standing committee and the term of the membership will net exceed one year at a time. (5) The Executive Officer of the Anchalik Panchayat shall be the Ex-Officio Secretary of every Standing Co­ rn'. it tee. 632 THE ASSAM GAZETTE. EXTRAORDINARY. MAY. 6, 1994 j"nf ti°n d s j°*j„ 53. (1) The General Standing Committee shall perform Committee" ̂ unctions relating to the establishment matters, communication, buildings, rural housing, relief against natural calamities, water supply and all miscellaneous residuary matters. (2) The Finance, Audit and Planning Committee shall perform the functions relating to the finance of the Anchalik Panchayat, training, budget, scrutinising proposals for increase of revenue, examination of receipts and expenditure statement, consideration of all proposals affecting the finance of the Anchalik Panchayat and general supervision of the revenue and expenditure of the Anchalik Panchayat and planning* and consolidating the Anchalik Panchayat Plans, co-opera- tic n, small saving schemes and any other function relating to the development of Anchalik Panchayat areas. (3) The Social Justice Committee shall perform funct­ ions relating to : (a) promotion of educational, economic, social, cultural and other interests of the Scheduled Castes, Scheduled Tribes and Backward Classes ; (b) protecting them frcm social injustice and all other forms of exploitation ; (c) amelioration of the Scheduled Castes, Scheduled Tribes and Backward Classes ; (d) securing social justice to the Scheduied Castes, Scheduled Tribes, Women and other weaker sec­ tions of the society. 4 f4) The Standing Co mmittees shall perform the funct­ ions referred to above to the extent the powers are dele­ gated to them by the Anchalik Panchayat. Procedure of 54. (1) The Anchalik Panchayat may frame regu- Committees.]a t jo n s r e iating to selection of members of committees, conduct of business therein and all other matters relating to them. THE ASSAM GAZETTE. EXTRAORDINARY, MAY. 6, 19 4 633 (2) The Chairman of every committee shall, in respect of the work of the cemmittee, be entitled to call fcr ary information, return, statement, account or report from the office of the Anchalik Panchayat and to enter in and ins­ pect any immovable property of the Anchalik Panchayat c r works in progress connected with the works of the committee. « ♦ (3) Each Committee shall be entitled to require atten­ dance at its meetings, any officer of the Anchalik Panchayat who is connected with the work of the Cemmittee- The Ex-Officio Secretary [referred to in sob-section (5) of Sec- tion-52] shall under instruction of the Committee, issue no­ tices and secure the attendance of the Officer. acq̂ 're, hold 55. (V) An Anchalik Panchayat shall have or dispose acquir e, hold and dispose of property and of property. c o n t r a c t ; the pewer to to enter into Provided that in all cases of acquisition or disposal of immovable property, the Anchalik Panchayat shall obtain the previous approval of the Government through Zil’a Pari shad. (2) All roads, buildings or other works constructed by an Anchalik Panchayat with its own fund shall vest in it. « (3) The State Government may allocate to an An­ chalik Panchayat any public property situated within its jurisdiction, and thereupon such property shall vest in and 4 come under the control of ti e » Anchalik Panchayat. (4) Where an Anchalik Panchayat requires land to carryout any of the purpose of this Act, it may n< gotiate with the persons l aving interest in the said land, and if it fails to reach at an agreement, it may make an application to the Deputy Commissioner of the district lor acquisition cf land, zwho may, if he is satisfied that the land is required for a public purpose, take steps where permitted by law to acquire the land under the prevision of the relevant land acquisition Act, and such land shall on acquisition, vest in the Anchalik Panchayat. 634 JTHE ASSAM GAZETTE, EXTRAORDINARY, MAY- 6, 1994 ncha^Fu-’ 5 6 -.(0 F o r every Anchalik Panchayat, there shall be nd. constituted an Anchalik Panchayat fund bearing the name of the Anchalik Panchayat and there shall be" placed to the credit thereof— (a) contribution and grants, if any, made by Central or State Government, including such part of the iand revenue collected in the State as may be determined by the Government; (b) contribution and grant, if anv, made by the Zilla Parishad or any other local authority ; (c) loans, if any, granted by the Central or the State Government or raised by the Anchaiik Panchayat on security of its assets; (d) all receipts on account of lolls, rates and fees levied by it; (e) all receipts in respect of any schcols, hospitals, dispensaries, buildings, institutions or works, vested in, constructed by or placed under the control and management of the Anchalik Panchayat ; (f) all sums received as gifts or contributions and all income from any trust or endowment made in favour of the Anchalik Panchayat ; (g) suef. fines and penalties imposed and realised under the provisions of this Act, or of tl,e bye-laws made thereunder, as may be prescribed, and all other sums received by or on behalf of the Anchalik Panchayat. i (2) Every Anchalik Panchayat shall set apart and apply annually such sums as may be required to meet the cost of its own administration including the payment of salary, allowances, provident fund and gratuity to the officersand employees. The tctal expenditure < n establishment shall not exceed one-third of the total expenditure < f the Anchalik Panchayat without prior approval of the Government. (3) Every Anchalik Panchayat shall have powers to spend such sums as it thinks fit for carrying out the purpose of this Act. THE ASSAM GAZETTE, EXTRAORDINARY, MAY- 6, 1994 635 (4) The Anchalik Panchayat fund shall be vested in the Anchalik Panchayat. (5) Subject to such general control, as the Anchalik Panchayat may exercise from time to time, all crders and cheques for payment from the Anchalik Panchayat fund shall be signed by the Executive Officer. Taxes. 57. (I) Subject to such maximum rate as the Government may prescribe, an Anchalik Panchayat may, (a) levy toils on persons, vehicles or animals or any class of them at any toll-bar established by it on any road other than a katcfia road or any bridge vested in it or under its management; i (b) levy tolls in respect of any ferry established by it, or under its management; (c) levy a surcharge on Land Revenue at the rate of 0.02 ( two paise ) per rupee ; (d) levy a ccss or water rate for recovery of cost of , minor Irrigation works taken up within the juris- / diction of an Anchalik Panchayat and such cess as may be necessary for the purpose of mainte­ nance and repair of such works; (e) levy a tax on supply of water and lighting; (f) levy a tax on profession, trades, calling, manu­ facture and production save and except those levied under any provision of this Act or under any * enactment for the time being in force ; (g) levy fee for cinema halls, bricks or tile kilns, saw mills, timber depots, rice mills and hullers, fairs confectionary and bakery, private fisheries or vege­ table gardens used for commercial purposes- (2) The taxes etc. shall be imposed, assessed and reali­ sed at such time and in such manner as may be prescribed ; (3) Any person aggrieved by the assessment, levy or imposition of any tax or fee may appeal to the Zilla Parishad. 636 THE ASSAM GAZETTE, EXTRAORDINARY, MAY. 6, 1994 (4) State Government may suspend the levy or impo­ sition of any tax or fee and may at any time rescind such imposition in consultation w ith the concerned Panchayat in period of natural calamities. (5) The scale of tolls, fees or rates and the terms and conditions for the imposition thereof, shall be such as may be provided by bye-laws. Such bye-laws may provide for exemption from all or any of the tolls, fees or rates in any class or cases. (6) Subject to such rules as may be made in this behalf ’ by an Anchalik Panchayat, an Anchalik Panchayat may levy taxes on a particular trade or commerce with a view to utilise the fund so collected for improvement of the faci­ lities for development of that particular trade or commerce with the approval of the Zilla Parishad- I rani and 68. (1) An Anchalik Panchayat may, subject to the siuk.ngiund,pr o v is io n s of any law relating to the raising of loan by iocal authorities for the time being in force, raise from time to time, with the approval of the Government, loans for the purpose of this Act, and create a sinking fund for he re-payment of such loans. t (2) An Anchalik Panchayat may borrow money from the Government, or with the previous sanction of the Government, from bank or other financial institutions, for furtherance of its objectives on the basis of specific schemes as may be drawn up by the Anchalik Panchayat for the purpose. Budget of 59- (1) Every Anchalik Panchayat shall, at such time 4 Anchalik Pa-and in such manner as may be prescribed, prepare in cchaya • each year, a budget of its estimated receipts and disbursements for the following year and submit the budget to the Zilla Parishad. (2) The Zilla Parishad, within such time as may be prescribed, either approve the budget or return it to the Anchalik Panchayat for such modifications as it may direct- On such modification being made, the budget shall be submitted within such time as may be prescribed by the Zilla Parishad. If the approval of the Zilla i THE ASSAM GAZETTE, EXTRAORDINARY, IM AY 5, 1 94 657 Parishad is not received by the Anchalik Pancliayat by the last date of the year, the budget shall be deemed to be approved by the Zilla Parishad. (3) No expenditure shall be incurred unless the budget is approved by the Zilla Parishad. (4) lire Anchalik Panchayat may prepare in each year a supplementary estimate providing for, any modifica­ tion of its budget and may submit to the Zilla Parishad for approval within such time and in such manner as may be prescribed. AA thOrkVf 60.An Anchalik Panchayat shali keep such accounts nXayat. * a n d in such form as may be prescribed. Auditing (1) The audit of the accounts of the u ‘ Anchalik Panchayat shall be carried out by the authority as may be prescribed by the Government and a copy of the audit report shall be forwarded to the Anchalik Panchayat, to the Zilla Parishad and to the Directoe of Panchayat and Rural Development, Assam within onr month of the completion of the audit. , (2) On receipt of the audit report referred to in sub­ section (1), the Anchalik Panchayat shall either remedy any defects or irregularities which have been pointed out in the audit and send to the Zilla Parishad and to the Director of Panchayat and Rural Development, Assam, within three months and the intimation of its having done so or shall, within the said period, supply any further explanation to the authorities mentioned herein, in regard to such defects or irregularities as it may deem fit. s ‘a® p A,y 62- (1) An Anchalik Panchayat being coterminous hayat- anC t 0 a Development Block shall have an Executive Officer appointed by Government who shall be the Ex-officio Secretary. Provided that the Block Devt lopment Officer or such other officer as may be appointed by Government shall hold the post of the Executive Officer and Secretary of the An­ chalik Panchayat. 638 THE ASSAM GAZETTE, EXTRAORDINARY, MAY, 6, 1994 (2) The other staff of the Anchalik Panchayat shal be appointed as provided in Section 140 of the Act. In respect of the provincialised Panchayat employees working under the Anchalik Panchayat, the Director of Panchayat and Rural Development shall be the appointfng authority. (3) The Government may post/depute staff, if considered ® necessary from time to time, to work in Anchalik Panchayat in addition to the staff of Grade—I and II to setv under the Anchalik Panchayat. (4) Notwithstanding anything contained in this Act, or any of the law; for the time being in force, the Government or the Director of Panchayat and Rural Development, Assam, as the case may be, shall have the powers to effect transfer of the concerned officers and the provincialised staff in consultation ^with the Zilla Paris'/1.ad concerned. Powers and function* of the Execu• this \Act, tive Officer of the Anc- b a lik Pan­ chayat. (a) (l)Save as otherwise expressly provided by or under the Executive Officer shall, - exercise all powers sp cifically imposed or conferred upon him by or under this Act, or any other law for the time being in force ; (b lay down the duties of and supervise the works of the officers and officials holding office under the Anchalik Panchayat in accordance with rules made by the Government ; t supervise and control the execution of all works of the Anchalik Panchayat ; (d) take necessary measures for the speedy execution of all works and development schemes of Anchalik Panchayat ; (e) have custody of all papers and documents connected with the proceedings of the meetings of the Anchalik Panchayat ; 1 aii.rh THE ASSAM GAZETTE, EXTRAORDINARY, MAY, 6, 1994 639 (f) draw and disburse money out of the Anchalik Panchayat fund; and (g) exercise such other powers and discharge such other functions as may be prescribed. (2) The Executive Officer shall attend every meeting of the Anchalik Panchayat and shall have the right to attend the meetings of the committees thereof and to take part in the discussion but shall not have the right to move any resolution or to vote. If in the opinion of the Executive Officer any proposal before the Anchalik Panchayat is violative of or inconsistent with the provisions of this Act, or any other law, rule or order made thereunder, ii shall be his duty to bring the same to the notice of the Anchalik Panchayat, CHAPTER-VI ESTABLISHMENT AND CONSTITUTION OF ZILLA PARISHAD. nentStoafbzn-' ^4. 0} For every district there shall be a Zilla Parishad ia uPanshad. having jurisdiction, save as otherwise provided in this Act, over the entire district excluding such portions < f the district as are included in a Municipality or a Municipal Corporation, as the case may be, or under the authority of Town Committee or Sanitary Board or '■ Cantonment area or any notified area contrary to it under any law for the time being in force : Provided that a Zilla Parishad may have its office * in any area comprised within the excluded portion as above of the district and in such area which is notified by Government for such office, may exercise its powers and functions over institutions under its control and management. (2) Every Zilla Parishad shall be a body corporate by the name of /■----------------------------- ----- Zilla Parishad’ and shall have perpetual succession and a common sea and subject to such restrictions as are imposed by or under this or any other enactment with the capacity of sueing and being sued in its corporate name, of acquiring, holding 640 THE ASSAM GAZETTE, EXTRAORDINARY, M AY, 6, L 94 and transferring property movable or immovable, whether without or within the limit of the area over which it has authority of entering into contracts and doing all things, necessary, proper or expedient for the purpose for which it is constituted. a Constitution of Zilla Pari« shad. 65. (1) The Zilla Parishad shall consists of: — (i) the members directly constituencies of the district : elected from the territorial ’ Provided that Government may by notification in the Official Gazette determine the territorial constituencies in the district keeping in view the overall population of the district at a rate of one member for a population net less than 40 thousand and th