The Assam Panchayat (Amendment) Act, 1959

The 23rd February I960 No .L JL .43/59 /16 --Th e following Act of the Assam Legisla tive Assembly which received the assent of the Governor is hereby publ ished for general ’ information. (Received the assent o f the Governor on the 16th February I960) ASSAM ACT No.IV GF I9 60 TH E \SS \.\1 PANCHA YAT (AM ENDM ENT) A t: I , |o ‘i9 (A- passed by (lie Assembly) | Published in the Asunn Gazelle, Ext raordin ary , dat ed the 24th Februar y i960 Preambl . lhort ti tl e , a t, and nce - t. /1« zb7 lo am en d the As<am Panchayal A il , 7 959 Whereas it is exp edient lo ame nd (he Assam a i“ Act Pan cha yat Act, 1959, here inaf ter called the princi pal o f 1959 Act, in the manner here inaf ter appearing ; It is her eby enacted in the Te nth Year of the Repub lic of In di a as follo ws:— 1. fl ) This Act may be calie 1 the Assam Panch aya t (Am endm ent) Act, 1959. (2) It shall have the like exten t as the Principa l Act. (3) It shall be deem ed to have come into force on the 1st day of O cto ber, 1959. 2. Section t!4 of the Principa l Act, shall be deleled.leletion o f ;tion 84 IAssam Act of 959. 2 Am endm ent of Se ction 150 o f Assam Act X X I V 01 1 I 59. 3. In Section 150 of the Principal A ct ,— (1) in the heading, between the words “ the” and “A ncha lik Pan cha yat” the words “ Gaon or” shall be inserted. (2) for the word “ an ” occurring between the words “employee of” and “Anchalik Panchaya t” the words “ the Gaon or” shall be subs tituted. (3) in the second a nd third provisos for the wortl “an ” wherever it occurs between the words “ rnembet of” and “ Anchalik Pa nchaya t” , the words “ the Gaon or ” shall be subs tituted. Amen dm en t of sec tion 162 o f Assam Act 4. In section 162 of the Pr inc ipa l Ac t,— X X IV 1959 (1) afte r clause (b), the following shall ted, na me ly:— ( “ (W) for the purposes of clause (Z>), all Primary Panchay ats and Executive Committees of die Primary Panchayats cons tituted under the Assam Rural Pancha yat Act, 1948 whose terms of office, have expired but, notw iths tand ing such expiry, cont inued to function till before the comm encement of this Act shall be deemed always to have been validly constitu ted and funct ioning under the Assam Rural Panchayat Act, 1948 ; ” (2) after clause (//), the following shall be inserted, name ly: — ‘'(kh) the Rural Panchayats the Assam Ru ral Panchayat. terms of office have expired bu t, notw iths tand ing such expiry , cont inued to funct ion till before the comm encement of this Act shall be deemed to be existing Rural Panc hayats for t he purpose of clause (h l.” Tn sub-scc tion (2) of section 163 of the Princi- Act, for the words “ the Assam Local Auth ori- Compcnsatory Grants (Charged) Act, 1953” , Act the words “ the Assam Local Authorities Gra nts x: in se t - Assam X X V II 1948. constitu ted under Act, 1941), whose Am en dm en t of sub-sec tion (2) of section ] 63 of Assam XXIV 1959. Assam Ai X X V II I 19*8. the pal ties of (Charged) Act, 1959” shall be substitu ted. Assam Ai X X X IV I 1953. Assam Ai X X I I I i 1959. Ins ert ion of 6 . After section new sections following shall be 164A and in Act of 164 of the Principal Act, inser ted, namely: — the 161B Assam XXIV 1959. “ Co nst itu tion 164A. (1) The Sta te Governm ent may, by o f n o t i f i c a t i o n declare and constitu te an Ad-hoc Ancha- Panchayat Pan chayat Com mitt ee consisting of such persons Committee, as the State Governm ent may nom inate in this 3 behalf for each Anchalik Panchayat notified under Section 5 of this Act which shall function as the Anchalik Pan chayat tor the purposes of this Act, with effect from such da te as may be specified in the notification till the Ancha lik Pancha yat is constitu ­ ted in accordance with the provisions of this Act. |2) The Sta te Governmen t may nom inate one of the members as the Pres iden t and ano ther of such members to be the Vice-Pres ident of the Ad-hoc Anchal ik Pancha yat Committee. (3) T he Ad-hoc Ancha lik Pan cha yat Comm ittee shall have an Office and an Executive Officer app oin ted by the Sta te Governmen t who shall be the Ex-Officio Secre tary and shall be responsible for its due maintenance. He sha ll, subject to the control of the Pres iden t, carry out resolu tion and direc tion of the Ad-hoc Anchalik Panchayat Com mitt ee. Constitution 16413. (1) Phe Sta te Governm ent may, by notili- °* th eX''" cation, declare afnd con stitu te for each subdivision kuma Pa" a n t l w ^ c r e t ^ e r e is 110 subdivis ion, in each distr ict an rishad Com. Ad-hoc Mohkuma Par ishad Committee consisting of mittee. such petsons as the State Government may nom inate in this behal f which shall function as the Mohkuma Par ishad for the purposes of this Act, with effect from such da te as may be specified in the notif icatio n till the Mohkuma Parishad is cons tituted in acco rdan ce with the provisions o f this Act. ( 2) .'I he Deputy Commiss ioner or the Subdivi- sional Officer, as the case may be, shall be the Ex- 0 dicio President of the Ad-'ioc Mohkuma Parishad Committee. (3) Th e State Governm ent may nom inate one of the members as the Vice-President of the Ad-hoc Mohkuma Parishad Comm ittee. (4) Art Ad-hoc Moh kuma Parishad Committee shall have an ollie.: and a Secretary app ointed by the Sta te Governmen t who shall be responsible lor the due mainten ance of the office of the Ad-hoc Moh­ kum a Parishad Committee. He shall, subject to the cont rol of the Pre sident , carry out the function of such Com mit tee. ” Substitution 7. For section 165 of the Princ ipal Act, the following of Section 165 shall be subs tituted, name ly: — of Assam Act X X IV of 1959. '‘Effect ol 165.(1) From the d ale the Assam Local Sclf-Govern- repeal. irient Act, 1953 is repealed under sub-section (1) of Sec­ tion 163 of this Act, all th e assets including the Local Assam Ac XXV of 1953 4 Board Fund belonging to any Local Board and such other liabilities as may have been incurred, in the discharge of the legitim ate function by such Board, established under the Act repealed, shall vest in the Deputy Commis­ sioner or the Subdivisional Officer, as the. e ase may be, who shall hold the assets in trus t, until these are made over in accordance with th e orde r of the State Govern­ ment or such officer or officers as the State Government may appoint in this behalf, to the Ivlohkuma Parishad ot­ to the Anchalik Panchayat or to the Ad hoc Mohkuma Parishad Comm ittee or to the Ad-hoc Anchalik Pancha­ yat Committee or to the Gaon Panchayat established unde r this Act in the area over which the Local Board, to whom the assets belonged had jurisd iction. 5 (2) 'Pill such date as the assets and the liabilities of the Local Board are made over in accordance with sub-section(l), the Deputy Commissioner or the Subdi ­ visional Officer, as the case may be, shall, notw ithst and­ ing the repeal of the Assam I.ocal Self-Government Act, 1953, perform and exercise all duties and powers assigned to the Board under the Act so repe aled .” Repeal Saving. au<l 8. (1) The Assam Panchayat nance, 1959 is hereby repealed. (Amendment) Ord i- Assam Or di ­ nance No.V o f 1959. (2) Notwithstandin g such repeal, anything done or any action taken in the exercise of'an y powers conferred by or unde r the said Ord inan ce shall be deem ed to have been done or taken in the exercise of the powers conferred by or under this Act, as if this Act were in force on the date on which such thing was done or action was taken. B. C. BAKU A, Secy, to the (.iovl. oi' Assam. Law Deptt