The Assam Panchayat (Amendment) Act, 1997

Registered No. A-12 I\ A?'--?'* .. x * THE ASSAM GAZETTEj EXTRAORDINARY k w 'Tri w iPes PUBLISHED BY AUTHORITY- '• -- -• - — --j/ n< 117 frm*, ^541*, 30 jafster, 1997, 10 1919 (5̂ »)No . 117 Dispur, Wednesday, 30th April, 1997, 10th Vaisa kha, 1919 (S .E .) GOVERNMENT OF ASSAM ORDERS BY THE GOVERNOR LEGISINATIVE DEP ART MENT: LEGISLATIVE BRANCH- - ______ _ NOTIFICATION The 30th April 1997N o. L G L . 130/96/22. =T h e following Act o f the Assam Legislative Assemb ly which received the assent of the Gov ern or is hereby publi- a ed fo r general inform ation. 870 TKE ASSAM GAZETTE, EXTRAORDINARY AP R. 30, 1997 ASSAM ACT No. X OF 1997 ^Received the zXssent of the Governor on 28th April, 1997) THE ASSAM PANCHAYAT ( AMENDMENT ) ACT, >1997 • -- , AN A. _ - h . * ' Z i. - AC T furthe r to amend the Assam Panchayat Act, 1994. freambie. Whereas it is expedient further to ^ sayVAct amend the Assam Panc haytt Act, 1994, ofi’994. hereinafter referred to as the principal Act, in the manner hereinafter appearing; It is hereby enacted in the Forty-eighth Year of the Republic of India as follows:- - '* < 3 - extent “rod 1 • (1) This Act may be called the A sam mrotle“ce" Panchayat (Amendment) Act, 1997. (2) It shall have the like extent as the principal Act. (3) It shall come into force at once. Amendment 2 . In the principa l Act, in section 3,— or section 3. (j) in sub-section (2), in clause (e), for the words “four fifth” appearing in ihe first line, the words “two thi rd” shall be substituted. (ii) in sub-section (2) after clause (e), the following clause shall be inserted, namely “ (f) The Minister-in-charge of the District to be notified by the Government.” (iii) for the existing sub-section (5), the following shall be substituted, namely:- THE ASSAM GAZETTE. EXTRAORDINARY. APR. 30, 1997 871 ‘‘(5) The Minister-in-Charge of the respective District, to be notified by the Government, shall be the Chai rman of the District Planning Committee and the President of the concerned Zilla Parishad shall be the Vice-Chairman of the District Planning Committee.” 7 Hi, J V-5 K A*' (iv) (a) the existing sub-sections (6), (7) and (8) shd l be renumbered as section 3A (1), (2) and (3), respectiv ely. (b) after renumbering the existing sub-section (6) as sect ion 3A (1), the following margina l no te, by the left hand side of the section shall be inserted, namely ; “Duties and funct ion of the District Planning Commit tee.” 3. In the principa l Act, in section 4, in sub­ section (5), in the sixth line, for the word “will” appearing in between the words “Panchayat” and “convene” , the word “shall” shall be substituted and in the last line, after the word “time” , the “fullstop” shall be deleted and the words and full- stop “from the date of such direc tion” , shall be inserted. Amendment 4, In the principal Act, in section 5, in sub- of»ection 5.SC ct jo n after the existing proviso, the following proviso shall be inserted, namely :— < t : r OXJ8 1. Z V C- ‘Provided further that the existing local area of Gaon Panchayats established under the provi­ sions of the Assam Panchayati Raj Act, 1986, with a population less in number than the population earmarked in this section for a Gaon Panchayat, shall continue to be valid for the purposes of this Act, till such time as the Government may declare any local area to be such Gaon Panchayat in accordance with this Act.” Amendment 5. In the principal Act, in section 13, io sub- m section i3.g e c tjo n (2), after clause (c), the following clause shall be inserted, namely : — 872 THE ASSAM GAZETTE, EXTRAORDINARY, AP RI L 30, 1997 “ (d) exercise all the powers, perform all the functions and discharge all the duties of the Pre­ sident as provided under sub-section (1) of section 13, if the President be removed, and or dies or resigns, till the office of the President is filled up in the manner as provided under sub-section (1) (b) of Section 6.” Amendment 6 , (j) in the principa l Act, in section 15, for or section 15 .^ e x js tjn g sub-section (1), the following shall be substitued, namely :— “(1) Every President or Vice-President shall be deemed to have vacated his office forthwith when resolution expressing want of confidence in him is passed by a majority of two third of the total numb er of members of the Gaon Panchayat. Such a meeting shall be specially convened by the Secretary of the Gaon Panchayat with approval of the President of the Gaon Panchayat- Such meeting shall 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 of the Gaon Pan­ chayat shall within three days, refer the matte r to the President o f the concerned Anchalik Panchayat, who shall convene the meeting within seven days from the date of receipt of the information from the Secretary of the Gaon Panchayat and preside over such meeting. In case the President of the Anchalik Panchayat does not take action as above, within the specified seven days time, the concerned Gaon Panchayat Secretary shall inform the matter to the Deputy Commissioner/Sub-Divis ional Officer (Civil) as the case may be, within three days after the expiry of the stipulated seven days time and the concerned Deputy Commissioner/Sub-Divisional Officer (C) shall convene the meeting within seven days from the Date of the receipt of the information with intimation to the Zilla Parishad and the Anchalik Panchayat and preside over the meeting so con­ vened : THE ASSAM GAZETTE. EXTRAORDINARY. APRIL 30, 1997 873 Provided that the concerned Deputy Commi- ssioner/Sub-Divisional Officer (C) as the case m ay be, in case of his inability to preside over the meeting, may depute one Gazetted Officer under him not below the rank of Class-I Gazetted Officer to preside over such meeting : Provided further that when a no-confidence motion is lost, no such motion shall be allowed in the next six months .” (ii) in sub-section (2), in the fourth and fifth line, for the words “Anchalik Panchayat” , the words “Gaon Panchayat” shall be substituted. (iii) in sub-section (4), in the third line, the word ' ‘the” after the word “after”, shall be deleted and in the same line, after the word “giving”, thew'ord “ the” shall be inserted. (iv) afte r sub-section (4), the following new sub-section (5) shall be inserted, namely “(5) If. under sub-section (1), the members of the Gaon Panchayat express want of confidence both in the President and Vice-President of the Gaon Panchayat at the same time and issue notices, the Secretary of the Gaon Panchayat within seven days from the date of receipt of such notices, shall repor t the matte r to the President of the concerned Anchal ik Panchayat who shall arrange to convene the meetings within fifteen days from the date of receipt of the intimation, separately, to consider the motion against the President first and to consider the motion against the Vice-President next day and shall preside over both the meetings. The President of the concerned Anchal ik Panchayat presiding the meetings shall have no vote. In case the President of the concerned Ancha­ lik Panchayat does not take action as. above, the Secretary of the Gaon Panchayat, within three days after the expiry of the stipulated fifteen days time, shall refer the matter to the concerned Deputy 874 THE ASSAM GAZETTE. EXTRAORDINARY. APRIL 30, 1997 Commissioner cr the Sub-Divisional Officers (C), as the case may be. O receipt of the information, the Deputy Commissioner or the Sub-Divisional Officer 8S the case may be, shall convene both the meetingsin the manner as above, within fifteen days from the date of receipt of the information with intimation to the concerned Anchahk Pan- chayat and Zilla Parishad and preside over such meetings’’: Provided tha t the concerned Deputy Commi­ ssioner or the Sub-Divisional Officer as the case may be, in case of his inability to preside over the meeting, may depute a Gazetted Officer not below the rank of Class-I Gazetted Officer to preside over such meeting: Provided furthe r that if it is not possible to hold the meeting for a situation due to non- attendance of the requisite number of members in such meeting or meetings as the case may be, the no confidence motion shall automatically stands cancelled and motion shall be deemed to have lost, in the event of which no such motion shall be a'lewed within the next six months.” Amendment 7. In the principal Act, in Section 19,— of Section19. (i) in sub-secbon XIX, after clanie (8), the following clause shall be inserted, namely :— “ (9) Issue of birth pad death certificate with­ in the jurisd iction of the Gann rac chayat. ” (is) in sub-section XXI. in clause ( l \ in the last ltn», fr r the word “on’’ after the word “food-stuff”, the word ‘for’’ shall be sw >sf tihed. (rh) in sub-secthu XXVJ, in th sc cone line , af te r the word 1 SHEDS” the punctuation na rks “Comma” shall be inserted. Amendment g j a pri nc ip al Act, in seclio < ‘23, is sub-sectio t 23 8e cU on (2), in clause (b) in the second line, a fter the word “ mete riah” , th ’ punctuat ion mark “Cbmma” shall e inserted. Amendment 9 th i principal Act, in section 37, i> sub-section (I) , 37_ sec ,, o n in .he seco> d line, >n be? .een the words 1 the” and “members”, the words ‘directly elected” shsdl be inserted. THE ASSAM GAZETTE, EXTRAORDINARY, APR1L30, 1997 875 Am en dm en t 1 0 . I q the principal Act, in section 41, after clause (c) of section t j je fo ll o w in g cla use sh al l be inse rted , na mely •— ‘ (d) exercise all the powers and discharge all the duies and functions of President as pro i. ed under sub section (a) to (d) of section 4 b if the President be remove, and/or dies or resigns until the office of the Preside, t is filled up in the manner under the provisions o’ sub-section (I) of sec'ion 37.” .e : - Amendment 1 1, l n the principal Act, in section 43. - o f section 43 . (i) In sub-section (1),— (a) ia the fourth line, in het em the words “ the” and “membets” , the words “directly elected” shall be inse fed. (b) in the eight lice, in between ti e words “and” “ the” the word “by” sta ll be inserted. (c) in he ninth lir e, for the Word ‘ in” in between the words “convened” and “ the” the word “by” shall be substituted. (d) after the last line, the following sentence shall be inserted, namely :— “ The Zilla Parishad President shall preside over such meeting but shall have no vote.” (ii) for th ; ex sting sub-section (2), the following shall be substituted, namely :— “ (2) (a? In case the President of the Zill Parishad does not convene the meeting within fifteen days from the date of receipt of intim ation , the Ex-Officio Secretary of the Anchalik Pauchayat within three days from the date of expiry of the date of stipulated fifteen days time shall report to the concerned Deputy Commissioner or the Sub- Divisional Officer as the case may be. On receipt of the information, the Deputy Commissioner or the Sub-Divisional Officer as the case may be, shall convene the meeting within fifteen days from the date of receipt of the informaticn with intimation to the Zilla Parishad concerted and also shall preside over such meeting. In case of bis inability to preside over such meeting, the Deputy Commissioner or the Sub-Divisional Officer as the case may be shall depute an Officer under him not below the rank of Class-1 Gazetted Officer to preside over such meeting, (b) If, under sub-section (I) of Section 43, the members express want of confcdei ce both in the President and the Vice-President of Anchalik Pauchayat at the same time and 876 THE ASSAM GAZETTE, EXTRAORDINARY, APR IL 30, 1997 issue notices, the Ex-Officio Secretary of the concerned Anchalik Panchsyat shall report the matter to the President of the concerned Zilla Parishad within three days from the date of receipt of the notice who shall arrange to convene the meeting, within fifteen days from the date of receipt of the information separately, to consider the motion i gainst the President first and to consider the motion against the Vice- President nextd« y and shall preside over such meetings but shall have no vote. In case the President of the Zilla Parishad concerned does not ’ake action as above, the Ex-Officio Secretary of the Ancha­ lik Panchayats shall refer the matter to th e concerned Deputy Commissioner or the Sub-Divisional Officer as ti e case may be, within three days from the date of expiry of the date o f the stipulated fifteen days time. Oc receipt of the information, the corce'Dtd Deputy Ccmnissioner < r the Sub-Divisional Officer as the cate may be, shall convene both the meetings simultan­ eously within fifteen days from the date of receipt of the in­ formation and shall preside over both the mee tings: Provided that the Deputy Commissioner or the Sub-Divi­ sional Officer as the case may be, in case of his inability ’O preside over the meeting, may depute a Class-1 Gazetted Officer under him to preside over such meetings : Provided fur ther tha t if it is not possible to hold the meeting for a situation due to non attendance of requisite number of members in such meeting or meltings as the case may be, the no confidence motion shall automatically stands cancelled and the motion shall be deemed to have lost, in the event of which m such motion shall be allowed within the next six months. Amendment i 2 - I n principa l Act, in section 57 — of Section 57. (i) in Sub-Section (1), in c’ause (g), in the second line after the word ‘fairs’, the punctuation mark ‘comma’ shall he inserted. (ii) in sub-section (3), afte r the last line, the follo­ wing sentacce shall be inserted, namely :— “ 1 he decision of the Zilla Parishad in this respect shall be final” . menTof 13. In the principal Act, in section 65 :— Section 65. (i) in sub-section (1), for the existing clause (i), the following shall be substitu ted, namely :— “ (i) The members directly elec ed from the ter ri­ torial constituencies of the distric t : THE ASSAM GAZETTE. EXTRAORDINARY, APRIL 30, 1997 877 Provided that the State Government may by Notification in the Official Gazette, determine the territ orial constituencies in the district keeping in view the overall population of th e district at a rate of one member for a popul ation of not less than thirty thousand and that each territor ial consti­ tuency shall elect one member to the Zilla Parishad through direct election in the manner prescribed: Provided further that every Legislative Assembly Consti­ tuency shall have four territorial constituencies and in rase of a part of the Legislative Assembly Constituency wbh a population less than thirty thousand falling within the district, then this payt shall form a territo?i al Consti tu­ ency.” (ii) for the existing sub-section (2), following shall be substitu­ ted, namely :— “(2) All the members shall have the right to vote except in the motion of no-confidence in which only the directly elected members and members nominated by the Government shall exercise such righ ts.” Amendment In the principal Act, in Section 67 , in sub-section of (1 ), in the fou rth line, af te r the figure ” 6 6 ”, the pu nc taa - Section 67 . fjon mark "comma” shall be inserted. £ , Amendment 15. in the principal Act, in Section 70, in sub-section s (j’f 7n (!)• 1 0 t h e l®s t hce for the words and figures "Sect ion 65 (1 )” , n * the words and figures “Section 65 (1) (i)” shall be substi­ tuted. Amendm ent jg j n pr jn c ipa i Act, in Section 73 , in sub-section (2), Section 73 . after th e proviso, the following second and third provisos shall be inserted, namely :— “ Provided further tha t the Deputy Commissioner shall direct the Chief Executive Officer to convene the meeting within seven days from the date cf receipt of ihe request of the members and the Chief Executive Officer shall con­ vene the meeting within fifteen days from the date of re­ ceipt of the direction. The Deputy Commissioner shall preside over such meeting. Ia case of his inability, the Deputy Commissioner shall depute one of the Officers not below the rank of Additional Deputy Commissioner to pre ­ side over such meeting. If under sub-section (1 ), the members express want of confidence both in the President and the Vice-President of the Zil h Parishad at the same time and issue notices, the Chief Executive Officer of the Zilla Parishad shall repo rt the matte r to the concerned Deputy Commissioner within three days from the date of receipt of the notices and the concerned Deputy Commissioner shall direct the Chief 878 THE ASSA M GAZETT E, EXTRAORD INARY , APRIL 30, 1997 Executive Officer of the Zilia Parishad to convene the meeting within fifteen days from the date of receipt of th e direction , separately, to consider the motion against the Pre sid ed first a’.d to consider the motion against the Vice-President next day and preside over such meetings. In case of the inability to preside over, the Deputy Commissioner shall depute one of the Officers not below the rank of Additional Deputy Commissioner under him to fireside over such meeting “Provided also that if it is not possible to hold the mee­ ting for a situation due to non-attendance of the requisite number of members in such meeting or meetings as the case may be the no-confidence motion shall automatically stands cancelled and, the motion shall be deene d to have lost, in the event of which no such motion shall be allowed within the next six months.” Amendment 17. In the principal Act, jn section 76 — of section 76* (i) in sub-section (4 , in the seventh line, f®r lhe word “ fort h-f ully” the words “ fortb-fuHy ” shall be substituted. (ii) in sub-section (5 ), in the seventh line, for the wards * to inspect’, the words “ for inspection ” shall be substituted. Amendment 18 . In the principal Act, in section ‘ 3, in sub-section (4 ), of se ct io n8 3. in clause ( i ) in the second 1 ne, for the wo, d “bunding ” the w. rd “bunding” shall be substitu ted. Amendment 19 . In the principal Aet in section 90.— of lection 90. ,i) in sub-section (> ), in clause V, in the second line the word ‘cf ” shall be deleted. (i i) In sub-section (12 ), in clause V, for the word “ liaison” the word “ liaison” shall be substitu ted. (iii) in sub-section (16 ), in clause (iii), for the werd “p ropagation” , the word “propagation” shall be substit uted. (iv) in sub-section (17 ), in clause (iii , in the first line, in between the word “Balwadies” end “H igh” , the punctu ation mark ‘comma” shall be inserted. Amendment 20. in the principa l Act, in section (92 ), in sub-section (2) of section 92. in the four th line, for the ve rd “ bands” , the words “ hand ” , shall be substitu ted. Amendment 21 . in the princij’al Act, in section 96, in sub-section (1), of section 9 6. in the second line, after the word (year’, ft r the word ‘in’, the word “a” shall be substituted. THE AS SA M GA ZE TT E, EX TR AO RD INAR Y, APR. 30, 1997 879 AtnendTient 22. in the principal Act. in section 109. in sub-section (6) inQSeCll°n *B t *, e third and fourtk line, in between the word “lak h” and “shall” the words “and less tkan three lakhs” shall be deleted . Amendment 23. of section 111, in the principal Act, in section 111, for sub-sect ion (j) , the foll owing shall be subst ituted, namely :— “ (j) No person shall b* disqualified on the greurd that he is less than twenty five years of age, if he has at'a lned the age of twenty owe years .” Amendment 24, In the pi incipal Ac?, in section 130 the follo wing shall °3f 0 , l c t l o a be inserted as a proviso thereto namely :— “Provided that in ca se of disso lution by a resolution passed by the Legis lative Assembly all the powers and duties of Ga on Panchayats or Ancb allk Panchayats shall, during the period af such dissolut ion, be exercised and performed hy r, such officer not below the rank of a Gazetted Officer, as the j Government may from time to time appo int in this behal f.” M. K. DEKA, Secretary to the G ovt , o f Assam, Leg islative Department. GUW AH AT I— Printed & publ ished by the Dy. Direc»er (P. & S.) Directorate of Ptg. & Sty., Assam* Guwahati-21 (Ex -Gazett e) No. 2 3 3 -7 5 0 -6 0 5 —30-4-1997.