The Assam Panchayat (Amendment) Act, 1962

ASSAM ACT No .X XI X OF 1962 i'H E ASSAM PANCHA YAT (AM ENDM ENT) AC T, 1962 (As passed by the Assembly) Re ceive d the as se nt o f the Go vernor on the 28th Septem ber 1962 [P ub li sh ed in th e Assam Gazette , E x tr a o rd in a ry , da te d the 4 th O c to b e r 19 62 ] An Act to amend fu rthe r the Assam Panchayat Ac t, 1959 Preamble Whereas it is exped ient to amend fur the r the \ ss an i Act Assam Panchayat Act, 1959 hereinafte r call ed the XXIV of prin cipal Ac t, in the ma nner hereinafte r appearing ; 19s9. It is he reby enacted in the T hir tee nth Y ear o f the Republic of I ndia as f ollow s:— Short titl e, I. (1) This Act may be called the Assam Pan­ extent a nd c hayat (Am endm ent) Act, 1962. commence- (2 ) It shall bar e the like extent as the pr in­ cipal Act. (3) It shall come into force at once. Amendment 2. In section 2 o f the princ ipa l Act, clauses (20) of section 2 a n c j (21) shall be dele ted and the exis ting subsequent Act XXIV c la u s e s (22) t 0 (35) shal l be renumbered as clauses o) 19 59 . (20) to (33) r espectively. Amendment 3. In section 8 of the principa l Act.— of section 8 (1) the full-s top at the end of sub-section (2) of Assam shall be dele ted and the words and punctua tion ( : ) r iqXni I V “ and shall publ ish the same in the ma nner pres- ° 5 ' cribed shall be added ; (2) after sub-section (2) as so amend ed, the following proviso shall be added, namely : — “ Provided that the D eputy Commissioner or the Subd ivisional Officer, as the case mav be, may include the name of any person whose nam e is not included in the lis t o f voters if such person makes an app lica tion with in ten days oi the pub lica tion o f the lis t and satis­ fies th e Deputy Commissioner or the Subdiv isional Officer, as the case may be, th at his name app ear s in the up to da te electo ral roll of the Assam Legisla tive Assembly, prepar ed and in force after the d a y notified under sub-sect ion (1) .” l oO Amendment 4. After sub-section (2) o f section 9 of the prir i- of section 9 c jp a j Act , the following shall be inserted as sub- Act XXIV s e c t ‘o n f2) an d the existing sub-sections (2), (3), (4) of' l95 9. a n h (5) shall be renum bered as sub-sections (3), (4), (5) and (6) respect ively, namely ;— “ (2) Every meet ing shall be pres ided over by ti e Pres iden t of the Gaon Panch aya t and in his absence by the Vic -President of the G aon Panchsyat a >d in the absence of bo ih, members present shall choose one from amongst themselves to pre side.” Amendment 5. In section 11 of the principal A ct— oti ectior. 11 Act XXIV (1) f°r sub-section (1), the following shall be o fl9 5 9. sub sti tuted , namely :— “ (1) Eve ry Gaon Sabha shall have an Execu tive Comm ittee including a Pres ident and a Vice-President called the Gaon Pancha yat to be elected in the manner prescr ibed.” (2) For the second proviso under sub-section (2), the following shall be sub stit ute d, na mely:— “ Provided fur the r that the Gaon Panchayat shall co-op t from amongst the members of the Gaon Sabha, two women members if no woman is elected , and one wom an mem ber if only one is e lected.” (3 > After sub-section (3) the following shall be inse rted as sub-section (4) and the existing sub-sections (4) and (5) shall be renumbere d as sub­ sections (5) and (6) respect ively, nam ely : — “ (4) The Sta te Governm ent may, by notification for reasons to be stated therein, extend the term of office referred to in sub-section (3) by such period not exceeding one yea r as may be specified in the notifica ­ tio n.” , 6. In section 14 o f the princi pal A ct, afte r clause ofsection6?! W ° f sub-section (5), the following Exp lanation shall of Assam be inserted, namely :— Act X X IV “E xp la na tion .—For the purpose of quoru m, of 1959. ex-officio members shall not be counted .” Amendment 7- In section 16 of the prin cipal Act, in sub- of section 16 section (2), for the words “ Gaon Panchayat” occurring of Assam jn the first fin e betw een the words ‘Th e’ an a ‘may’, ©H9 X X I V t l̂ e w o r ds ‘Stat e Gover nment ’ shal l be sub stituted. Amendment 8. In section I7 of the princ ipa l Act, in sub- of section 17 section (1) .— of Assam po r t i e second proviso to clause ft) the ofC t1959 following shall be substituted, namely : — “ Provided further that if the President or the Vice-Pre siden t of a Gaon Pan cha yat is elected to the Anchalik Panch .yat , he shal l, within fifteen days from the d ate o f declaration of result thereof , exercise his io i option of rem aini ng either as the Pres iden t or the Vice- Pres ident, as the case may be, of the Gaon Pancha - yat or alte rnat ively as the mem ber of the Ancha lik Panchayat. If he does not exercise his option with in the time lim it, he shall imm edia tely on expiry of such time limi t cease to be the Pres ident or the Vice- Pres iden t, as the case may be, of the Gaon Pan cha yat . His place in the Gaon Panchayat or the Anchalik Panchayat , as the case may be, shall be filled in the ma nner these offices are filled.” (b) lor clause («), the following shall be subs ti­ tu ted, na me ly:— “ (ii) One repr esentative to be elected, in the ma nner prescribed, by the Cha irmen of the Go-opera­ tive societies from amongst themselves, falling within the are a of the Anchalik Panchayat: Provided th at notwithstand ing any thin g here in con tain ed, no mem ber elected before the coming into force of th e Assam Panchayat (Amendment) Act , 1962, shall be disqua lified even if such a mem ber was no t a Chairma n of an y Co-o pera tive Society at the time of his electio n.” (2) In sub-sec tion (2), for clause (i») the following shal l be subs tituted, namely :— “ (h) The Anchalik Panch aya t sha ll, from within the area of its jur isd ict ion , co-opt two women mem bers ii no woman is elec ted, and one woman member if only one is e lec ted .” Amendm ent 9. I n section 19 of the p rinc ipa l Act ,— of Section (1 ) the existing section shall be renum bered as 19 of sub-section (1) ther eof ; XXIVAof after sub-sec tion (J) as so renumbere d, the 1959. Ot following shall be inserted as sub-sect ion (2), namely :— “ 2) The Sta te Governmen t may, by noti ficat ion, for reasons to be stated the rein , extend the term of office referred to in sub-section (1), by such period not exceeding one year as may he specified in the not ification.” 10. In section 22 of the principa l Act,—for the second proviso in sub-section (1), the following shall be substitu ted, na mely:— “ Provided fur the r th at th e Mohkuma Par ishad shall from with in the are a of its jur isd iction, co-opt two women members if no woman is elected, and one wom an mem ber if only one is ele cte d.'1 Amendment of Section 22 of Assam Act XXIV of 1959, Amendment 11. In section 24 of the princ ipa l Act, of Section a fter sub-section (3), the following sha ll be 2\ am Act in s e r t e d a s sub-sec tion (4), namely : — XX IV of “W Th e State Governm ent may, by noti ficat ion, 1959. for reasons to be stated ther ein , extend the term of office referred to in sub-sec tion (1), by such perio d not exceeding one year as may be specified in the notification”. 1U2 President or Vice- Presiden t or member Amendment 12. For section 27 of the prin cipal Act, the 27 S QCfti o n following shall be substituted, namely :— Assam Act XX IV of 1959, “ Re mo va l of 27 . (1) (a) A Pres iden t or Vice -Pres ident or mem ber of a Gaon or Anchal ik Pa nch aya t or Mo hkuma Par ishad shall immediately cease to hold office : — (t) if he suffers from any of the disqua lificat ions of a Gao n mentioned in sub-section (1) (a) to (J") of sect ion 16 ; or Ancha lik («) if he a bsents himself, without assigning any Q̂ nCyj^a t cause, from 1 hree consecutive meetings of the Gaon or ku ma Pa ri Ancha lik Panch aya t or the Moh kum a Pari shad , as shad . the case may be. (Z>) A President or Vice-President of an Anchalik Panch aya t or Mohkuma Par ishad shal l imm edia tely cease to hold office, if by three-f ifths major ity of votes a motion of no-confidence is passed by members in a meeting of the Anchalik Panchayat or the Moh ­ kum a Par ishad as the case may be, where at least a min imu m of two- thirds of tota l num ber of members is pr es en t: Provided that at least seven da ys’ notice in writing shall be given to the Pres iden t and the Vice-P resi­ den t of the Anchalik Panch aya t or the Mohku ma Par isha d, as the case may be, before such a motion can be discussed. (rj A Pres iden t o r Vice -President of a Gaon or Anchalik Panch aya t or Mohkuma Par isha d, as the case may be, shall immedia tely cease to hold office, if he ceases to be a member of the Gaon Sabha or Ancha lik Panch aya t or the Mohkuma Par ishad, as the case may be. (2) A President or Vice -President of a Gaon or Anchalik Pan cha yat or Mohkuma Parishad may be disqualified from hold ing office by the State Govern­ men t,— (i) if he refuses to act or becomes incapa ble of acting ; o r («) if he is guil ty of misconduct or wilful neglect in the discharge of his duties ; or (in) if his continuance in office is dangero us to the public peace or is likely to bring the admi nis tra ­ tion of a Gaon or Anchalik Panch aya t or Mohkuma Par isha d into contempt. (3) A President or Vice-Pres ident or member of the Gaon o r Ancha lik Pancha yat or Moh kuma Par i­ shad who imm ediately ceases to hold office according to the provisions of sub-section (1) or is disqualified bv the Sta te Governm ent according to the provisions of 103 sub-section (2) shall be removed in the manner prescribed : Prov ided that no such person as aforesaid shall be removed unti l he has been given a reas onable opportu ­ nity of showing cause aga inst the act ion proposed to be take n aga inst him. (4) No person who has been removed from office under the provisions of this section shall be eligible for re-elec tion to the vacan cy so cre ate d.” Am endm ent 13. In section 29 of the prin cipal Act , the follow- of s ect ion 29 jn g shall be inserted as a n Explanat ion to clause (t) of Act XXIV sub-sec tion (5), na mely:— of 1959 “Explanation.—For the purp ose of quorum ex-officio members shall no t be counted .” Am endm ent 14. In Pa rt II of section 36 o f the principa l Act— of a c ti o n 36 (1) fo r item (8), the following shall be subs tituted, of Assam namelv :—Act xxiv u a e y of 1959. “ (8) con trol , ma inte nan ce and regula tion of bus- stand, car riag e-s tand, car t-s tan d and fairs (2) for the full-stop ( . ) at the end of item (18), a semicolon ( ; ) shall be sub stituted and afte r the said item the following shall be inserted as ite m (19), na m ely;— “ (19) ma intena nce and regula tion of hats a ccord­ ing to the provisions of section 76A.” Am endm ent 1 5 ‘ In Pa rt II of section 37 of the prin cipal Act, of section 37 for item (6), the following shall be substituted, of Assam name ly; — Act X X IV of 1959 “ (6) maintena nce a nd regu lation of hats accord ­ ing to the provisions of section 76A ; and 5” Am end ment 16. In sub-section (2) of section 66 of the prin- of se ction 66 cipa l Act, for the full-stop ( . ) at the end of clause °f (iii) , a semicolon ( ; ) shall be substituted and the ofC 1959. following shall be inse rted as c lause (w), namely :— “ (t») sums received on acc ount of sale proceeds of ha ts. ” Am endm ent _ 17* -n sub-sec tion (1) of section 67 o f the prin - of section 67 cipal Act, for the full -stop ( . ) at the end of clause A t XXIV 3 s e m i c o I o n ( i ) & h a l> be substitu ted and the of 1959. following sha'I be inserted as clause (i»), na me ly:— “ (««) allo tment of sale proceeds of hats to each Gaon or Anchalik Panch aya t accord ing to the pro vi­ sions of section 76A.” 104 Act XX IV of 1959, Amendm ent 18. In section 69 o f the p rinc ipal Act— of section 69 r Act XX IV (1) fo r clause (io), th e following shall be substi - of 1959. tu ted, na mely:— “ (iv) con trib ution from Governmen t including a share of th e land reve nue which shall not be less tha n fifteen p er cent of the net rece ipt and the entire net receip t of local ra te , collected from the are a of the Gaon Panch aya t after prov iding for ag en t’s commis­ sion : Provided th at the Sta te Governm ent may direc t the Gaon Panchayat to spend a specified share of the ne t receip t of local rat e for any purpose specified by the S tate Gover nm ent .” (2) in clause (« ), for the words “m ino r ha ts” , occurring between the words “ o f” and “ an d” , the words “ hats accord ing to the provisions of section 76A” shall be sub stituted ; (3) for clause (x), the following shall be subs ti­ tu ted , namely :— “ (x) con trib ution from private indiv iduals, local auth ori ties .” Amendm ent 19. In clause (») of section 70 of the principal of section 7O A c t__ (1) for the words “major hats or ba za rs” occur­ ring betwe en the words “ of ” and “ buildings” , the words “ ha ts according to the provisions of section 71 A ” shall be substitu ted ; (2) the proviso at the end shall be deleted . 20. In clause (ii) of sub-section (1) c f section 75 of the principal Act, at th e end of item (c) the wi rd “ an d” shall be add ed and item (d) shall be deleted. Amendment of section 75 of Assam Act XX IV of 1959. Amendment 21 , In sub-section (1) of section 76 o f the prin - of SCA*Jam6 c ’P a l Act, clause (r) shall be dele ted and the existing Act XXIV clause (d) shal l be renumbere d as clause (r). of 1959, Inser tion of 22. Afte r section 76 of the prin cipal Act, the tion TCA în foP°w in S shal l be inser ted as section 76A=, namely Assam Act XX IV of l9 5 9- “ Set tlement 76A. (11 Subject to sub-section (2), all hats with to'but ion of ’n t 'l e P a n c M a t areas shall be settled in the prescribe "proceeds ma nner for a perio d of one year by pub lic auct ion to and m ainte- be held at the headq uar ters of the Anchalik Pan cha yat nan ce and w it..i n whose jur isd ict ion the pa rtic ula r ha t or ha ti Thereof011 a r e sit u a t e d by theComm ittee constitu ted by the Mob- kum a Parish ad in the m ann er p rescribed. 105 . i(2) All settl ement mad e under sub-section ( I f shall he subje ct to confi rmation by the Mohkuma Parishad in a mee ting convened for th e purpose with­ in such period as may be prescribed in this behalf. In case the Mohkuma Par ishad in such mee ting refuse^ to confirm, the reasons for such refusal shall be duly recorded in the proceedings of the meeting and the Moh kuma Par isha d shall pass such orders thereon as it may deem fit. . (3) Afte r the settl ement is confirmed the lease in th e prescribed form shall be issued by the Moh kuma Parish ad to the person in whose favo ur the settlem ent t? is confirmed. (4) All sale proceeds of hats shall be deposited in the Subd ivisional Ru ral D eve lopment Fund and dis tri­ but ed in the ma nner her einafte r provided :— (zj if th e sale proceed of any ha t dees not exceed rupees th ree thousand, then the enti re am ount shall be made over to the Gaon Pan cha yat within whose juri sdic tion the ha t is si tua te ; (z'i) if the sa le proceed of an y ha t exceeds rupees three thousand bu t doe* not exceed rupees ten thou sand then a sum cf rupees chree thousand shall gc to the Gaon Pan cha yat within whose jurisdict ion the hat is situated and the balance to the Anchalik Panch aya t in whose juri sdictio n the ha t is s ituate ; (z’/z) if th e sale proceed of any ha t exceeds ten thousand, t he n a sum of rupees thre e thousa nd shall go to the Gaon Panchayat wi thin whose jur isdiction the h at is s ituate and a sum of rupees seven thousand shall go to the Anchalik Panchayat within whose ju ris ­ dict ion the ha t is s itua te and the balanc e shall go to a common po ol ; (w) one -th ird of the common pool shall be dis trib uted among a ll the ncha lik Pan cha yats and the r emain ing two-thirds among all the Gaon Pan cha ­ yats within the are a of the Mohkuma Pari shad . The basis of d istr ibution shall be area cum population in bo th the cases. (t>) All ha ts the sale proceeds of which do no exceed rupees five thousand shall be maintained ana regu lated by the Gaon Panch aya t concerned where the h at is situa te, and all bats the sale proceeds of which exceed rupees five thou sand shall be main­ tain ed and regula ted by the Anchalik Panch ava t poncerned where the ha t is sit ua te. ” 106 Amendment 23. In section 139 o f the prin cipal Act, the exis- ?(oS tc ti o? t *n 8 section shall be renumbered as sub-section (1) A«sam A-tt h e r e o ̂ and t ^e following shall be inserted as sub-sec- XXIV of tion (2), namely 1959. “ (2) After passing an order under sub-section (1) the Deputy Commissioner or the Subdivisional Officer, as the cate may be, shall for thw ith submit a copy of the ord er assigning reasons for making it along with any expla nat ion submit ted by the Gaon or Ancha lik Panch aya t or Mohkuma Parish ad concerned to the , Sta te Gov ernment which may resc ind, modify or confirm the ord er.” Amendment 24 . In section 161 of the principal Act, (1) for ?61S' CtlOf c â u E e W the f°l l°w in g shall be subs tituted, namely :— Assam Act X X IV o f “ (A) oth er simila r matters inc lud ing con trib uto ry lg59. provide nt fun d, gra tui ties or pensions or oth er benefits.”