ASSAM PANCHAYAT ACT, 1994
Preamble. Whereas it is expedient to amend and consolidate laws relating to Panchayats in Assam ;It is hereby enacted in the Forty-fifth year of Republic of India as follows:
(1) This Act may be called the Assam Panchayat Act, 1994.(2) It shall extend to the whole of Assam in the rural areas except the Autonomous Districts under the Sixth Schedule of the Constitution of India and shall exclude any area which has been or thereafter may be included in a Municipality or a Town Committee or a Cantonment constituted under the Assam Municipal Act, 1956 and the Cantonment Act, 1924 respectively or by any other Act.(3) It shall come into force at once.
In this Act, unless there is anything repugnant in the subject or context—(1) “Gaon Sabha” means a body consisting of persons registered in the electoral rolls relating to a village comprised within the area of “Gaon Panchayat” ;(2) “Gaon Panchayat” means a Gaon Panchayat established under this Act ;(3) “Anchalik Panchayat” means an Anchalik Panchayat estab#31;lished under this Act ; (4) “Zilla Parishad” means Zilla Parishad established under this Act;(5) “Local authority” includes Gaon Sabha, Gaon Panchayat, Anchalik Panchayat, Zilla Parishad, Municipal Corporation, Municipal Board and Town Committee ;(6) “Notification” means a notification published in the official Gazette ;(7) “Panchayati Raj Bodies” means the Gaon Panchayat, An#31;chalik Panchayat and Zilla Parishad ;(8) “Adult” means a person male or female having completed h
(1) The Govern#31;ment shall constitute in every district a District Planning Committee to consolidate the plans prepared by Zilla Parishad, Anchalik Panchayats, Gaon Panchayats, Town Committees, Municipal Corporations, in the district and to prepare a draft development plan for the district as a whole.(2) The District Planning Committee shall consist of—(a) the members of the House of People who represent the whole or part of the district ;(b) the members of the Assam Legislative Assembly whose major part of the constituencies fall within the district ;(c) the President of Zilla Parishad ;(d) the Mayor or the Chairperson of the Municipal Corporation/ Municipal Board/Town Committee, as the case may be, having jurisdiction over the headquarter of the district ;(e) such number of persons not less than two-third of the total number or members as may be
(1) The District Planning Committee shall consolidate the plan prepared by the Zilla Parishad, Anchalik Panchayats and Gaon Panchayats, Town Committees, Municipalities and Municipal Corporation in the district and prepare a draft development plan for the district as a whole.(2) Every District Planning Committee shall, in preparing the draft development plan, have regard to—(i) the matter of common interest between Zilla Parishad, Anchalik Panchayats, Gaon Panchayats, Municipalities or Municipal Corporation, as the case may be, and Town Com#31;mittee in the district including sectoral planning, sharing of water and other physical and natural resources, the integrated development of infrastructures and environmental conserva#31;tion ;(ii) the extent and type of available resources whether financial or otherwise ;(iii) consult such instructions and organisations as the Gov
(1) Subject to the general orders of the Govern#31;ment—(i) the Gaon Sabha shall meet from time to time but a period of three months shall not intervene between any two meetings ;(ii) the Gaon Sabha shall consist of persons registered in elec#31;toral rolls relating to a village or a group of villages com#31;prised 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 Panchayat—(a) the report in respect of development programme of the Gaon Panchayat relating to the preceding year and development programme 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 other matters as may be prescribed.(2) The Gaon Panchayat shall give due consideration to the r
(1) The State Government may, by notification, declare any local area comprising a revenue village or a group of revenue villages or a forest village or a Tea Garden area or hamlets forming part of revenue village or forest village or Tea Garden area or other such administrative unit or part thereof to be a Gaon Panchayat with population of its territory not less than six thousand and not more than ten thousand :Provided that, where a group of revenue villages or forest villages or Tea Garden areas or hamlets or other such administrative units or part thereof is declared to be a village, the village shall be known as of revenue village, hamlet, administrative unit or part thereof, as the case may be, having the largest population ;Provided further that the local area of Gaon Panchayats declared under the provisions of the Assam Act, 1994 (Assam Act XVIII of 1994) with a population less in
(1) The Gaon Panchayat shall consist of—(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, the 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 section, the Deputy Commissioner or an officer authorised by the Deputy Commissioner for this purpose shall call a meeting of the Gaon Pan#31;chayat (which shall be hereinafter called the
Every Gaon Panchayat, save as otherwise provided in this Act, shall continue for a term of five years from the date appointed for its first meeting :Provided that the term of the office fixed under this sub-section shall be held to include any period which may elapse between the ex#31;piration 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 stand dissolved.
(1) The election to constitute a Gaon Panchayat shall be completed—(a) before the expiration of its duration specified in S. 7 ;(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 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 Gaon 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 remainder of the period for which the dissolved Gaon Panchayat would have continued under S. 7 had it not been so dissolved.
(1) In every Gaon Panchayat seats shall be reserved for—(a) Scheduled Castes, and(b) Scheduled Tribes,and the number of seats so reserved shall bear, as 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 population of the Scheduled Castes in that Gaon Panchayat area or of 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 Panchayat in such manner as may be prescribed.(2) Not less than one-third of the total number of seats reserved under sub-S. (1) shall be reserved for women belonging to the Schedul#31;ed Castes or, as the case may be, the Scheduled Tribes.(3) Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Sch
(1) After the election of the President of the Gaon Panchayat under S. 6 (1) (b) and the Vice-President under S. 6 (3), if any vacancy occurs by reason of death, resignation or removal in the office of the President or the Vice-President, as the case may be, the Gaon Panchayat shall elect the President under S. 6 (1) (b) or the Vice-President under S. 6 (3), as the case may be :Provided that no election shall be held 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 Commissioner shall reserve—(a) such number of the President and the Vice-President of Gaon Panchayats in the district for the Scheduled Castes and the Scheduled Tribes and the number of such offices bearing as nearly as may be the same proportion to the offices in the district on the population of the Scheduled Castes in the district or of t
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.
(1) The term of office of every President and every Vice-President shall, save as otherwise provided in this Act, cease on the expiry of his term of office as amended by the Gaon Panchayat.(2) Allowances and other conditions of service of President and Vice-President shall be as may be prescribed.
(1) The President shall—(a) be responsible for convening the meeting of Gaon Sabha ;(b) be responsible for convening the meeting of the Gaon Pan#31;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 execu#31;tive administration of the Gaon Panchayat ;(e) exercise administrative supervision and control over work of the staff of the Gaon Panchayat and the officers and em#31;ployees 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 or discharged by the Gaon Panchayat under this Act or th
(1) The President or the Vice-President of Gaon Panchayat may resign his office by writing under his hand addressed to the Deputy Commissioner and to the President of the Gaon Panchayat, as the case may be.(2) Every resignation under sub-S. (1) shall take effect on the expiry of fifteen days from the date of its receipt by the authority unless within this period of fifteen days he withdraws such resignation by writing under his hand addressed to the Deputy Commissioner in case of Presi#31;dent and to the President of the Gaon Panchayat in respect of Vice-President.(3) Every President or Vice-President shall vacate the office if he ceases to be a member of Gaon Panchayat.
(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 number 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 Panchayat shall, within three days, refer the matter to the President of 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
A member of a Gaon Panchayat may resign his membership in writing under his hand addressed to the Presi#31;dent of the Gaon Panchayat.
(1) A Gaon Panchayat shall meet for the transaction of business at least once in two months at the office of the Gaon Panchayat and at such time as the President may determine.(2) The President, whenever he think 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 from the receipt of such request, call a special meeting.(3) Seven clear 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 the Secretary of the Gaon Panchayat and fix the notice on the notice board of the Gaon Panchayat office.(4) The officers to whom notice in given under sub-S. (3) and other Government officers having jurisdiction over the Gaon Panchayat area or any part thereof shall be entitle
(1) The quorum for a meeting of Gaon Panchayat shall be one-third of the total number of members.(2) If at the time appointed for the meeting a quorum is not present the presiding authority shall wait for thirty 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 from 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 disposed of at the meeting so fixed.(4) Save as otherwise provided by or under this Act, at every meeting 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
(1) The Government may, by noti#31;fication and subject to such conditions as may be specified therein,—(a) transfer to any Gaon Panchayat the management and main#31;tenance of a forest situated in the Panchayat area ;(b) make over to the Gaon Panchayat the management of waste lands, pasture lands or vacant lands belonging to the Govern#31;ment situated within the Panchayat area ;(c) Provided that when any transfer of the management and maintenance of a forest is made under Cl. (a) the Govern#31;ment shall direct that any amount required for such manage#31;ment and maintenance of an adequate portion of income from such forest be placed at the disposal of the Gaon Pan#31;chayat.(2) The Government may, by notification, modify any functions assigned in this section.
A Gaon Panchayat shall have powers to do all acts necessary for or incidental to the carrying out of the functions entrusted, assigned or delegated to it and, in particular and without prejudice to the foregoing powers, to exercise all powers specified in this Act.
(1) Every Gaon Panchayat shall consti#31;tute the following Standing Committees by election from amongst the elected members of the Gaon Panchayat—(i) Development committee for performing functions relating to agricultural production, animal husbandry and rural indus#31;tries and poverty alleviation programmes,(ii) Social justice committee for performing functions relating to—(a) promotion of educational, economic, social, cultural and other interest of Scheduled Castes and Scheduled Tribes and Backward Classes ;(b) protection of such castes and classes from social injustice and any form of exploitation ;(c) welfare of women and children ;(iii) 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 consist of not less than thre
(1) A Gaon Panchayat shall have power to acquire, hold and dispose of property and to enter into contract :Provided that in all cases of acquisition or disposal of immovable property by the Gaon Panchayat, it shall obtain the approval of the Government.(2) All properties, within the local limit of the jurisdiction of Gaon Panchayat, of the nature hereafter in this section specified, other than property maintained by the Central or State Government or a local authority or any other Gaon Panchayat, shall vest in and belong to the Gaon Panchayat, and shall, with all other properties of whatsoever nature or kind it may become vested in the Gaon Panchayat, be under its direction, management and control, that is to say—(a) all common properties ;(b) all public streets, including the soil, stones and other material thereof and all drains, bridges, culverts, trees, erection, ma
(1) For every Gaon Panchayat there shall be constituted a Gaon Panchayat fund bearing the name of the Gaon Panchayat and there shall be placed to the credit thereof—(a) contribution and grants, 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 Govern#31;ment ;(d) all receipts on account of taxes, rates and fees levied by it ;(e) all receipts in respect of any schools, hospitals, dispensary, buildings, institutions or works vested in, constructed by or placed under the control and management of the Gaon Pan#31;chayat ;(f) all sums received as gifts or contribution and all income from any trust or endowment made in favour of the Gaon Pan#31;chayat ;(g) such fines and penalti
(1) Subject to such rules as may be made in this behalf, a Gaon Panchayat shall impose yearly—(a) tax on houses and structures within the local limits ;(b) on trades and callings carried on or held within the local limits of its jurisdiction, a tax on the basis of the total annual income accrued from such trades and calling.(2) Subject to such rules as may be made in this behalf, a Gaon Panchayat shall levy—(a) a duty in the shape of an additional stamp duty on all pay#31;ments for admission to any entertainments ;(b) a fee for providing sanitary arrangement at such places of workshop or pilgrimage, fairs and melas within its jurisdic#31;tion as may be specified by the Government ;(c) a water rate, where arrangement for the supply of water for drinking, irrigation or any other purpose is made by the Gaon Panchayat within its jurisdiction ;(
Subject to the pro#31;vision of this section, every Gaon Panchayat shall be entitled to receive share of land revenue and local rates grants-in-aid as prescribed from the consolidated fund of the State as recommended by the State Finance Commission constituted under S. 113 of this Act
(1) Every Gaon Panchayat shall, at such time and in such manner as may be prescribed, prepare in each year a budget of its estimated receipts and disbursements for the following year and shall submit the budget to the Anchalik Panchayat having jurisdiction over the Gaon Panchayat.(2) The Anchalik Panchayat may, within such time as may be pres#31;cribed, either approve the budget or return it to the Gaon Panchayat for such modification as it may direct. On such modification being made the budget shall be re-submitted within such time as may be prescribed for approval of the Anchalik Panchayat.(3) No expenditure shall be incurred unless the budget is approved by the Anchalik Panchayat. If the Anchalik Panchayat fails to convey its approval within the time prescribed for the purpose, the budget shall be deemed to have been approved by the Anchalik Panchayat.
(1) Accounts of income and expenditure of every Gaon Panchayat shall be kept in such form and manner as may be prescribed and the Secretary of the Gaon Panchayat shall be responsible for maintaining the accounts of the Panchayat properly.(2) The Secretary of the Gaon Panchayat shall not incur any ex#31;penditure without the approval of the President of the Gaon Panchayat.
(1) The audit of the accounts of the Gaon Panchayat shall be carried out by the authority as may be prescribed by the Gov#31;ernment and a copy of 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-S. (1), the Gaon Panchayat shall either remedy the defects or irregularities which have been pointed out in audit and send to the Anchalik Panchayat 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 Panchayat and Rural Development, Assam in regard to such defects or irregularities as it may wish to furnish.
(1) There shall be a Secretary, and other staff as may be prescribed by Government in every Gaon Pan#31;chayat who shall be appointed as provided in S. 140 (1) and/or deputed by Government from time to time. In respect of the provincialised employees, the Director of Panchayat and Rural Development shall be the appointing authority.(2) The Secretary shall be in charge of the office of the Gaon Pan#31;chayat and shall perform and exercise all the powers and duties imposed or conferred upon him by or under this Act, any rules or bye-laws made thereunder.(3) The salaries etc., of the employees of the Gaon Panchayat shall be paid in the manner as may be prescribed by the State Government.(4) The Gaon Panchayat shall not appoint or engage any person for any post in the Gaon Panchayat.(5) Regarding discipline and control, the Secretary shall act in all matters under the contr
(1) For each Development Block there shall be an Anchalik Panchayat having jurisdiction, save as otherwise provided in this Act, over the entire Development Block jurisdiction excluding such portion of the block as are included in a Town Committee and as are included in a Municipality/or under the authority of Municipal Corporation, a Sanitary Board or cantonment area or a notified area 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 sec#31;tions of this Act have not come into force.(2) Every Anchalik Panchayat shall be a body corporate by the name of Anchalik Panchayat and shall have perpetual succession and a common seal and subject to such restrictions as are imposed by or under this Act or
(1) Every Anchalik Pan#31;chayat shall consist of—(a) one member from each Gaon Panchayat to be directly elected from the territorial constituencies of the Gaon Panchayats under the jurisdiction of the Anchalik Panchayat ;(b) the Presidents of the Gaon Panchayats falling within the jurisdiction of the Anchalik Panchayat ;(c) the Members of the House of People and the Members of the Legislative Assembly of the State representing constituencies which comprise wholly or partly the Anchalik Panchayat.(2) Every member shall have the right to vote whether or not chosen by direct election in the meetings of the Anchalik Panchayat.
(1) One Gaon Panchayat area shall form a constituency for electing one member directly to the Anchalik Panchayat.(2) The allotment of seat under sub-S. (1) for directly elected mem#31;bers shall be the same throughout the entire State.
(1) Seats shall be reserved in an Anchalik Panchayat for the 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 Pancayat as the population of the Scheduled Castes in that Anchalik Panchayat area or of the Scheduled Tribes in that An#31;chalik Panchayat area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in an Anchalik Panchayat in such manner as may be prescribed.(2) Not less than one-third of the total number of seats reserved under Cl. (1) shall be reserved for women belonging to Scheduled Castes, or 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)
Every Anchalik Panchayat, save as otherwise provided in this Act, shall continue for a term of five years from the date appointed for its first meeting.
(1) The election to constitute an Anchalik Panchayat shall be completed—(a) before the expiry of its duration specified in S. 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 be necessary to hold any election under this clause for constituting the Anchalik Panchayat for such period.(2) An Anchalik Panchayat constituted upon the dissolution before the expiration of its duration, shall continue only for the remainder of the period for which the dissolved Anchalik Panchayat would have con#31;tinued under S. 35 had it not been dissolved.
(1) The directly elected members of the Anchalik Panchayat shall elect from amongst the directly elected members as President and Vice-President respectively of the Anchalik Panchayat in a meeting (which shall be called the first meeting of the Anchalik Panchayat) to be convened by and presided over by the Deputy Commissioner of the 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 I Gazetted officer.(2) If there occurs casual vacancy in the office of the President or the Vice-President the members shall elect another member from amongst the members as hereinafter provided, as the President or the Vice-President, as the case may be, in the manner prescribedProvided that no election shall be held if the vacancy is for a period of less than one month.
(1) There shall be reserved by the Government in the prescribed manner—(a) such number of offices of the President of Anchalik Panchayats in the district for the person belonging to Scheduled Castes and Scheduled Tribes and the number of such offices bearing as nearly as may be the same proportion to the total number of offices in the district or of the Scheduled Tribes in the district bears to the total population of the district;(b) not less than one-third of the total number of offices of President and Vice-President of the Anchalik Panchayats in the district for each of the categories reserved for persons belonging to the Scheduled Castes, Scheduled Tribes and those which are not reserved for women :Provided that the offices reserved under this sub-section shall be by rotation in different Anchalik Panchayats ;Provided further that the principle of rotation for the
(1) The allowances of President and Vice-President and members of Anchalik Panchayat shall be as may be prescribed.(2) Every member of Anchalik Panchayat other than the President and the Vice-President shall be entitled to receive sitting allowances as may be prescribed.
The President shall,—(a) convene, preside over and conduct meeting of Anchalik Panchayat;(b) discharge all duties imposed and exercise all the powers conferred on him under this Act, and the rules made there#31;under and perform such functions entrusted to him by the Government from time to time ;(c) exercise supervision over the Executive Officer for securing implementation of the resolutions or decisions of the Ancha-lik Panchayat or of the Standing Committees which are not inconsistent with the provisions of this Act, or any general or special direction issued under this Act ;(d) exercise overall supervision over the financial and executive administration of the Anchalik Panchayat and place before the Anchalik Panchayat all questions connected therewith which shall appear to him to require its orders and for this purpose may call for records of Anchalik Panchayat.
The Vice-President of an Anchalik Panchayat shall—(a) in the absence of the President, preside at the meeting of the Anchalik Panchayat;(b) exercise such powers and perform such duties of the Presi#31;dent of the Anchalik Panchayat as the President, from time to time, may, subject to the rules made by the Government in that behalf, delegate to him by an order in writing ; and(c) pending the election of the President or during the absence of the President from the Panchayat area or by reason of leave for a period exceeding thirty days, exercise the powers and perform the duties of the President ;(d) exercise all the powers and discharge all the duties and functions of President as provided under sub-Ss. (a) to (d) of S. 40, if the President be removed and/or dies or resigns until the effect of the President is filled up in the manner under the provisions of sub-S. (1) of
(1) A member holding the office as President of the Anchalik Panchayat may resign his office at any time by writing under his own hand addressed to the Deputy Commissioner of the con#31;cerned district and Vice-President may resign his office at any time by writing under his hand addressed to the President of the Anchalik Panchayat and in the absence of the President to the Deputy Commis#31;sioner of the concerned district.(2) Every President and Vice-President of Anchalik Panchayat shall vacate office, if he ceases to be a member of the Anchalik Panchayat.
(1) Every President and Vice-President of the Anchalik Panchayat shall be deemed to have vacated his office forthwith, if by a resolution express want of confidence in him is passed by a majority of two-third of total number of the directly elected members of the Anchalik Panchayat. Such a meeting shall be specially convened with the approval of the President of the Anchalik 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. Incase such a meeting is not convened by the Anchalik Panchayat within a period of fifteen days from the date of receipt of the notice, the Secretary of the Anchalik Panchayat shall refer the matter to the President of the Zilla Parishad with intimation to the Deputy Commissioner. The President of the Zilla Parishad shall then arrange for convening the meeting within
A member of an Anchalik Panchayat may resign his membership in writing under his hand addressed to the President of the Anchalik Panchayat and his seat shall become vacant immediately.
(1) An Anchalik Panchayat shall hold a meeting for the transaction of business at least once in two months (hereinafter in this section called the ordinary meeting) and shall subject to the provisions of the following sub-sections make regulations not inconsistent with the provisions of this Act or with any rules made thereunder with respect to the date, hour, notice, manage#31;ment and adjournment of its meetings and generally with respect to transaction of business thereto.(2) Every meeting of the Anchalik Panchayat shall ordinarily be held at the headquarter of the Anchalik Panchayat.(3) The date of the first meeting of the Anchalik Panchayat, after the first constitution or re-constitution, shall be fixed by the Deputy Commissioner of the district and date of each subsequent ordinary meeting shall be fixed at the previous meeting of the Anchalik Pan#31;chayat ; provided that the Presid
(1) One-third of the total number of members of the Anchalik Panchayat shall form a quorum for transacting business at a meeting of the Anchalik Panchayat. If at the time appointed for a meeting a quorum is not present, the per#31;son presiding shall wait for thirty minutes, and 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 adjourn 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 President or if he is absent, by the Vice President and if both are absent or if the President is abse
The proceedings of every meeting shall be recorded in the minutes book immediately after the deliberations of the meeting and shall, after being read over by the presiding authority of the meeting, be signed by him. The 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.
The Anchalik Panchayat may require the presence of Govern#31;ment officers at the meetings. If it appears to an Anchalik Panchayat that the attendance of any officer of the Government having jurisdic#31;tion over an area of a district or less than a district and not working under the Anchalik Panchayat, is desirable at a meeting of the Ancha#31;lik Panchayat, the Executive Officer shall, by a letter addressed to such officer not less than fifteen days before the intended meeting, request that officer to be present at the meeting and the officer shall, unless prevented by illness 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.
(1) The general functions of the Anchalik Panchayats shall be—(a) preparation of annual plans in respect of the schemes entrust#31;ed to it by virtue of the Act and those assigned to it by the Government or the Zilla Parishad and submission thereof to the Zilla Parishad within the prescribed time for integra#31;tion with the District Plan ;(b) consideration and consolidation of the annual plans of all Gaon Panchayats under the Anchalik Panchayat and sub#31;mission 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 pres#31;cribed time ;(d) performing such functions and executing such works as may be entrusted to it by Government or the Zilla Parishad ;(e) to assit the Government in relief operation in natural calamities ;(2) Agriculture includi
The Anchalik Pan-chayat shall have power to do all acts necessary for or incidental to the carrying out of the functions entrusted or delegated to it and, in particular and without prejudice to the foregoing powers, to exercise all powers specified in this Act.
Anchalik Panchayat may, by notifica#31;tion, delegate to the Executive Officer or any other officer, the powers conferred by or under this Act.
(1) The Anchalik Panchayat shall have the following standing committees :(a) General Standing Committee ;(b) Finance, Audit and Planning Committee ;(c) Social Justice Committee.(2) Each standing committee shall consist of such number of members not exceeding six including the Chairman, as may be specified by the Anchalik Panchayat from amongst its members.(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 not exceed one year at a time.(5) The Executive Officer of the Anchalik Panchayat shall be the ex-officio Secreta
(1) The General Standing Committee shall perform the functions 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-operation, small saving scheme and any other functions relating to the development of Anchalik Panchayat areas.(3) The Social Justice Committee shall perform functions relating to—(a) promotion o
(1) The Anchalik Panchayat may frame regulations relating to selection of members of committees, conduct of business therein and all other matters relating to them.(2) The Chairman of every committee shall, in respect of the work of the committee, be entitled to call for any information, return, state#31;ment, account or report from the office of the Anchalik Panchayat and to enter into and inspect any immovable property of the Anchalik Pan#31;chayat or works in progress connected with the works of the com#31;mittee.(3) Each committee shall be entitled to require attendance at its meetings of any officer of the Anchalik Panchayat who is connected with the work of the committee. The ex-officio Secretary [referred to in sub-S. (5) of S. 52] shall under instruction of the committee, issue notices and secure the attendance of the officer.
(1) An Anchalik Panchayat shall have the power to acquire, hold and dispose of property and to enter into contract :Provided that in all cases of acquisition or disposal of immovable property, the Anchalik Panchayat shall obtain the previous approval of the Government through Zilla Parishad.(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 Anchalik Panchayat any public property situated within its jurisdiction, and thereupon such property shall vest in and come under the control of the Anchalik Panchayat.(4) Where an Anchalik Panchayat requires land to carry out any of the purpose of this Act, it may negotiate with the persons having 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 dist
(1) For every Anchalik Panchayat, there shall be 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 land revenue collect#31;ed in the State as may be determined by the Government ;(b) contribution and grant, if any, 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 Anchalik Panchayat on security of its assets ;(d) all receipts on account of tolls, rates and fees levied by it;(e) all receipts in respect of any schools, hospitals, dispensaries, buildings, institutions or works, vested in, constructed by or placed under the control and management of the Anchalik Panchayat;(f) all sums rec
(1) Subject to such maximum rate as the Government may prescribe, an Anchalik Panchayat may—(a) levy tolls on persons, vehicles or animals or any class of them at any toll-bar established by it on any road other than a katcha road or any bridge vested in it or under its manage#31;ment ;(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 cess or water rate for recovery of cost of minor irriga#31;tion works taken up within the jurisdiction of an Anchalik Panchayat and such cess as may be necessary for the purpose of maintenance and repair of such works ;(e) levy a tax on supply of water and lighting ;(f) levy a tax on profession, trades, calling, manufacture and production save and except those levied under any provision of this Act
(1) An Anchalik Panchayat may, subject to the provisions of any law relating to the raising of loan by local 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 the repayment of such loans.(2) An Anchalik Panchayat may borrow from the Government, or with the previous sanction of the Government, from bank or other financial institution for furtherance of its objectives on the basis of specific schemes as may be drawn up by the Anchalik Panchayat for the purpose.
(1) Every Anchalik Panchayat shall, at such time and in such manner as may be prescribed, prepare in 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 Parishad is not receiv#31;ed by the Anchalik Panchayat 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) The Anchalik Panchayat may prepare in each year a supple#31;mentary estimate providing for any m
An Anchalik Panchayat shall keep such accounts and in such form as may be prescribed.
(1) The audit of the accounts of the Anchalik Pan#31;chayat 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 Director of Panchayat and Rural Development, Assam within one month of the completion of the audit.(2) On receipt of the audit report referred to in sub-S. (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.
(1) An Anchalik Panchayat being coterminous to a Development Block shall have an Executive Officer appointed by Government who shall be the ex-officio Secretary :Provided that the Block Development Officer or such other officer as may be appointed by the Government shall hold the post of the Executive Officer and Secretary of the Anchalik Panchayat.(2) The other staff of the Anchalik Panchayat shall be appointed as provided in S. 140 of the Act. In respect of the provincialised Pan#31;chayat employees working under the Anchalik Panchayat, the Director of Panchayat and Rural Development shall be the appointing 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 serve under the Anchalik Panchayat.(4) Notwithstanding anything contained in this Act, or any
(1) Save as otherwise expressly provided by or under this Act, the Executive Officer shall,—(a) exercise all powers specifically 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 Anckalik Pan#31;chayat in accordance with rules made by the Government ;(c) 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;(f) draw and disburse money out of the Anchalik Panchayat fund ; and(g) exercise such other powers and discharge such other func#31;tions
(1) For every district there shall be a Zilla Parishad having jurisdiction, save as otherwise provided in this Act, over the entire district excluding such portions of the dis#31;trict 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 com#31;prised 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 manage#31;ment.(2) Every Zilla Parishad shall be a body corporate by the name of “.......................................Zilla Parishad” and shall have perpetual succession and a common seal and subject t
(1) The Zilla Parishad shall consists of—(i) the members directly elected from the territorial constituencies of the district :Provided that the State 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 of not less than thirty thousand and that each territorial consti#31;tuency shall elect one member to the Zilla Parishad through direct election in the manner prescribed ;Provided further that every Legislative Assembly constituency shall have four territorial constituencies and in case of a part of the Legislative Assembly constituency with a popula#31;tion less than thirty thousand falling within the district then this part shall form a territorial constituency ;Provided furthermore that the Legislative Assembly c
(1) Seats shall be reserved for the Scheduled Castes and Scheduled Tribes in every Zilla Parishad and the number of seats shall bear, as nearly as may be, the same proportion to the total number of seats to be filled up from amongst the directly elected members in that Zilla Parishad as the population of the Scheduled Castes in the Zilla Parishad area or of the Scheduled Tribes in that Zilla Parishad area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in Zilla Parishad in the manner prescribed.(2) Reservation of seats for women belonging to Scheduled Castes and Scheduled Tribes. Not less than one-third of the total number of seats reserved under sub-S. (1) shall be reserved for women belonging to the Scheduled Tribes, or as the case may be, the Scheduled Castes.
(1) Not less than one-third, including the number of seats reserved for women belonging to the Scheduled Castes and Scheduled Tribes under sub-S. (2) of S. 66, of the total number of seats to be filled up from amongst the directly elected members under sub-S. (1) of S. 65 shall be reserved for women and such seats may be allotted by rotation to different constituencies under the Zilla Parishad as may be prescribed.(2) If women from Scheduled Castes and Scheduled Tribes category and women from general category are not represented in Zilla Parishad, the Government may, by notification in the official Gazette, nominate one member from such category.
Every Zilla Parishad except as pro#31;vided in the Acts, shall continue for a period which shall not exceed five years from the date of holding the first meeting.
(1) Election to constitute the Zilla Parishad shall be completed—(a) before the expiry of its duration, as specified in S. 68 ;(b) in case of dissolution, before the expiration of a period of six months from the date of such dissolution :Provided that where the remainder of the period for which the dissolved Zilla Parishad would have continued, is less than six months, it shall not be necessary to hold any election under this clause for constituting the Zilla Parishad for such period.(2) A Zilla Parishad constituted upon dissolution before the expira#31;tion of its duration shall continue only for the remainder of the period for which the dissolved Zilla Parishad would have continued under sub-S, (1) had it not been dissolved.
(1) When the Zilla Parishad is constituted under S. 64, the Deputy Commissioner shall call a meeting of the Zilla Parishad (which shall be called the first meeting of the Zilla Parishad) for the election of a Presi#31;dent and a Vice-President by and from amongst the members directly elected under S. 65 (1) (i).(2) The election of the President or the Vice-President of the Zilla Parishad and filling up vacancies in the said office and the determination of disputes relating to such election shall be in accordance with such rules as may be prescribed by the State Government/State Election Commission.
(1) The allowances of the President and the Vice-President shall be as may be prescribed by the Government.(2) Every member of the Zilla Parishad except the President and the Vice-President shall be entitled to receive such sitting fee and allowances as may be prescribed by the Government.
(1) A member holding the office as President of the Zilla Parishad may resign his office at any time by writing and send it to Government through the Deputy Commissioner and the Vice-President of the Zilla Parishad may resign his office at any time by writing and send to the President of the Zilla Parishad and in the absence of the President, to the Government through the Deputy Commissioner and the office shall become vacant on the expiry of fifteen days from the date of such resignation unless within the said period of fifteen days he withdraws such resignation by writing and send it to Government in respect of the President and to the President in respect of the Vice-President, as the case may be.(2) Every President or the Vice-President of Zilla Parishad shall vacate office if he ceases to be a member of Zilla Parishad.
(1) Every President and every Vice-President of Zilla Parishad shall be deemed to have vacated his office forthwith if a resolution expressing want of confidence in him is passed by a majority of two-third of the total number of members elected directly as Zilla Parishad member at a meeting specially convened for this purpose and presided over by the Vice-President if the motion is against the Presi#31;dent and the President of the Zilla Parishad shall preside over such meeting if the motion is against the Vice-President.(2) If there is no Vice-President the members present shall choose one from among them to preside over such meeting :Provided that one-third of the total number of members shall sign the notice for such a motion and deliver it to the President and the President shall convene the meeting within seven days from the date of receipt of the notice. The meeting shall be held on
(1) Without prejudice to the provision under this Act a President or a Vice-President or a member of a Zilla Parishad may be removed from office by the State Government for misconduct in the discharge of his duties or neglect or incapacity to perform his duties or for being persistently remiss in the discharge of or guilty of any disgraceful conduct. Once so removed, a President, Vice-President or member shall not be eligible during the remaining term of office to be elected either as President, Vice-President or member of such Zilla Parishad:Provided that no such President, Vice-President or member of a Zilla Parishad shall be removed from office unless he/she is given reasonable opportunity to furnish explanation to the State Government.(2) A President or a Vice-President removed from his office under sub-S. (1) may also be removed by the Government from membership of the Zilla Parishad
Every Zilla Parishad shall hold meeting at least once in every three months, at such time and at such place within the local limits of the district concerned as the Zilla Parishad may fix at the immediately preceding meeting :Provided that the first meeting of a newly constituted Zilla Parishad shall be held at such time and at such place within the local limits of the district concerned, as the State Government may fix ;Provided further that the President when required in writing by one-third of the members of the Zilla Parishad, to call a meeting, shall do so within 10 (ten) days, failing which the aforesaid members may call a meeting after giving intimation to the Government and 7 (seven) clear days’ notice to the President and other members of the Zilla Parishad.
(1) One-third of the total number of members of the Zilla Parishad shall form a quorum for transacting business at a meeting of the Zilla Parishad.(2) Ten clear days’ notice of an ordinary meeting and seven clear days’ notice of a special meeting specifying the time at which 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 Zilla Pari#31;shad. Such notice shall include in the case of a special meeting any motion or proposition mentioned in the written request made for such meeting.(3) If at the time appointed for the meeting, quorum is not present, the person presiding shall wait for thirty minutes, and 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 adjourn the meeting to such hour on some future date which s
(1) The President shall—(a) perform all the duties imposed and exercise all the powers conferred on the Zilla Parishad under this Act and rules made thereunder ;(b) convene, preside over and conduct meetings of the Zilla Parishad ;(c) exercise administrative supervision over the Chief Executive Officer and through him, all officers and the employees whose services may be placed at the disposal of the Zilla Parishad by the Government ;(d) exercise such other powers, perform such other functions and discharge such other duties as the Zilla Parishad may, by general resolution, direct or the Government may by rules made in this behalf prescribe ;(e) exercise overall supervision over the financial and executive administration of the Zilla Parishad and place before the Zilla Parishad all questions connected therewith which shall appear to him to require its orders a
If it appears to a Zilla Parishad that the attendance of any District Officer of the Government having jurisdiction in the district is desirable at a meeting of the Zilla Parishad, the Chief Executive Officer shall, by a letter addressed to such officer, not less than fifteen days before the intended meeting, request that officer to be present at the meeting, and the officer shall unless prevented by reasonable cause, attend the meeting :Provided that the officer on receipt of such letter may, if he, for any unavoidable cause as aforesaid is unable to be present thereby himself, instruct his deputy or other departmental subordinate officer to represent him at the meeting.
Subject to such conditions as may be specified by the Government from time to time, the Zilla Pari#31;shad shall perform the functions specified in S. 90.
(1) The Govern#31;ment may assign to a Zilla Parishad functions in relation to any matters to which the executive authority of the Government extends or in respect of functions which have been assigned to the State Government by the Central Government.(2) The Government may, by notification, withdraw or modify the function assigned under this section.
The Zilla Parishad shall have the following standing committees, namely :(a) General Standing Committee,(b) Finance and Audit Committee,(c) Social Justice Committee,(d) Planning arid Development Committee.
(1) Each standing com#31;mittee shall consist of such number of members not exceeding five including the Chairman as specified by the Zilla Parishad and elected by the members of the Zilla Parishad from amongst its members whose terms will be one year at a time.(2) The President of the Zilla Parishad shall be the Chairman of the General Standing Committee and the Finance and Audit Committee.(3) The other standing committees shall elect the Chairman from among their members.(4) No member of the Zilla Parishad shall be eligible to serve on more than two standing committees.(5) The Chief Executive Officer of the Zilla Parishad shall be the ex-officio Secretary of the General Standing Committee and the Finance, Audit and Planning Committee and he shall nominate one of the Deputy Secretaries as ex-officio Secretary for each of the remaining standing committees. The Chief Exe
(1) The General Stand#31;ing Committee shall perform functions relating to the establishment matters and functions relating to communications, buildings, rural housing, village extensions, relief against natural calamities, rural development programme of Government of India and allied matters and all miscellaneous residuary matters.(2) The Finance and Audit Committee shall perform the functions relating to—(a) the finance of the Zilla Parishad, framing of budgets, scru#31;tinizing proposals for increase of revenue, examination of receipts and expenditure, consideration of proposals effecting the finance of Zilla Parishad and general supervision of the revenue and expenditure of the Zilla Parishad ;(b) the plan priorities, allocation of outlays to developments, horizontal and vertical linkages, implementation of guidelines issued by Government, regular review of planning pro#31;gr
(1) The standing committees shall perform the functions inferred to in sub-Ss. (1), (2), (3) and (4) of S.83 to the extent the powers are delegat#31;ed to them by the Zilla Parishad.(2) The committees shall perform, in respect of matters assigned to them, such additional duties as may be prescribed.
(1) The Zilla Parishad may frame regulations relating to election of members of committees, conduct of business therein, and all other matters relating to them.(2) The Chairman of every committee shall, in respect of the work of that committee, be entitled to call for any information, return, state#31;ment or report from the Zilla Parishad and to enter in and inspect any immovable property of the Zilla Parishad or any work in progress con#31;cerning the committee.(3) Each committee shall be entitled to require attendance at its meetings any officer of the Zilla Parishad who is concerned with the work of the committee. The Chief Executive Officer shall under instruction of the committee, issue notices and secure the attendance of the officer.
The Zilla Parishad may by notification delegate to the Chief Executive Officer or other officers any of the powers conferred by or under this Act, on the Zilla Parishad.
(1) A Zilla Parishad shall have the power to acquire, hold or dispose of property and to enter into contracts :Provided that in all cases of acquisition or disposal of immovable property, the Zilla Parishad shall obtain the previous approval of the Government.(2) All roads, buildings or other works constructed by a Zilla Parishad with its own funds shall vest in it.(3) The Government may allocate to a Zilla Parishad any public property situated within its jurisdiction, and thereupon, such property shall vest in and come under the control of the Zilla Parishad.(4) Where a Zilla Parishad requires land to carry out any of the purposes of this Act, it may negotiate with the person or persons hav#31;ing interest in the said land, and if it fails to reach an agreement, it may make an application to the Deputy Commissioner for the acquisi#31;tions of the land and the Deputy Co
The Zilla Parishad may, by notification, turn, divert, discontinue or permanently close any road, which is under the control and administration of, or is vested in, the Zilla Parishad.
(1) The Zilla Parishad shall have powers to do all acts necessary for or incidental to, the carrying out of the functions entrusted or delegated to it, and in parti#31;cular and without prejudice to the foregoing powers, to exercise all powers specified under this Act.(2) Subject to the general or special orders of the Government, a Zilla Parishad may—(a) incur expenditure on education or medical relief outside its jurisdiction ;(b) provide for carrying out any work or measure likely to pro#31;mote the health, safety, education, comfort, convenience, social or economic or cultural well being of the inhabitants of the district ;(c) contribute to association at All India, State or Inter-State level concerned with the promotion of local self Government and to exhibition, seminar and conference within the District related to the activities of Gaon Panchayats, Anchalik Panch
(1) It shall be the functions of a Zilla Parishad to prepare plans for economic develop#31;ment and social justice of the district and ensure the co-ordinated implementation of such plan in respect of matters including those enumerated below :(1) Agricultural (i) promotion of measures to increase agricul#31;tural production and to popularise the use of improved agricultural implement and the adoption of improved agri#31;cultural practices ;(ii) opening and maintenance of agricultural farms and market#31;ing agencies/infrastructure ;(iii) establishment and maintenance of godowns and cold storages ;(iv) conducting agricultural fairs and exhibitions ;(v) management of agricultural and horticultural extension training centres ;(vi) training of farmers ; (vii) land improvements and soil conservation ;(2) Irrigation, ground water resour
There shall be for every Zilla Parishad a fund called the Zilla Parishad Fund and the following shall form part of or be paid into the Zilla Parishad Fund, namely :(i) the amount transferred to the Zilla Parishad Fund by appro#31;priation from out of the consolidated fund of the State ;(ii) all grants, assignments, loans and contributions made by the Government;(iii) all fees and penalties paid to or levied by or on behalf of the Zilla Parishad under this Act and all fines imposed under this Act ;(iv) all rents from land or other properties of the Zilla Parishad ;(v) all interests, grants and other money acquired by gifts, grants, assignments or transfers from private individual or institutions ;(vi) all proceeds of land securities and other properties sold by the Zilla Parishad ;(vii) all sums received by or on behalf of the Zilla Parishad
(1) The amounts at the credit of the fund shall be held in a current account with the nearest branch of the State Bank of India or any other Nation#31;alised Bank or Assam Co-operative Apex Bank.(2) It shall be lawful for Zilla Parishad to deposit at interest, with the approval of the Government, with the State Bank of India or any other Nationalised Bank or Co-operative Apex Bank in the State, any surplus fund in the hand which may not be required for current charges and with like sanction to invest such fund in securities of the Govern#31;ment of India or the State Government or in such other securities as the Government may, from time to time, approve in this behalf and to vary such investment for dispute or such securities with like sanction.
(1) Subject to the provisions of this Act and the rules made thereunder and such general or special orders as the Government may make, all property owned by or vested in the Zilla Parishad under this Act and all funds received by it and all sums accruing to it under the provisions of this Act or any other law for the time being in force, shall be applied for the purposes specified in S. 90 and S. 92 (2) and for all other purposes for which by or under this Act or any other law for the time being in force, powers are conferred or duties are imposed upon the Zilla Parishad :Provided that no expenditure shall be incurred out of the Zilla Parishad Fund unless provision thereof has been made in the budget or funds are obtained by re-appropriation duly approved, except in such cases as may be prescribed by the Government ;Provided further that not less than twenty per cent of the funds meant for
Save as otherwise provided in this Act and subject to the regulations made in this behalf, a Zilla Parishad may charge fees for any licence or permission issued by it under this Act and the rules made thereunder and levy rent and fee for the occupation or use of land or other property placed under its control or vested in it or maintained out of the Zilla Parishad Fund.
(1) Subject to such maximum rate as the Govern#31;ment may prescribe, a Zilla Parishad may-(a) levy tolls in respect of any ferry established by it under its management;(b) levy the following fees and rates, namely :(i) fee on the registration of boat or vehicle ;(ii) a fee for providing sanitary arrangement at such places of worship or pilgrimage, fairs and melas within its juris#31;diction as may be specified by the Government by notifi#31;cation ;(iii) a fee for licence for fair or mela ;(iv) a lighting rate where arrangement for lighting public streets and places is made by the Zilla Parishad within its jurisdiction, and(v) water rate, where arrangement for the supply of water for drinking, irrigation or any other purpose is made by the Zilla Parishad within its jurisdiction.(2) The Zilla Parishad shall undertake registration
(1) Every Zilla Parishad shall, at such time and in such manner as may be prescribed, prepare in each year a budget of its estimated receipt and disbursements for the follow#31;ing year and submit it to the Government through the Director of Panchayat and Rural Development, Assam.(2) The Government may within such time as may be prescribed, either approve the budget or return it to the Zilla Parishad for such modifications as it may direct. On such modifications being made, the budget shall be re-submitted within such time as may be prescribed for approval of the Government.If the approval of the Government is not received by the Zilla Parishad within thirty days from the date of submission or rersubmission, as the case may be, the budget shall be deemed to be approved by the Government.(3) No expenditure shall be incurred unless the budget is approved by the Government.
A Zilla Parishad shall keep such accounts in such a manner as may be prescribed by the Government.
(1) The audit of the accounts of the Zilla Parishad shall be carried out by the authority as may be prescribed by the Government and a copy of the audit note shall be forwarded to the Zilla Parishad within one month of completion of the audit.(2) On receipt of the audit report referred to in sub-S. (1), the Zilla Parishad shall either remedy any defects or irregularity which have been pointed out in the audit and send to the Government within three months or intimation of its having done so or shall, within the said period, supply any further explanation to the prescribed authority in regard to such defects or irregularities as it may wish to give.
A Zilla Parishad may, with the previous sanction of the Government and sub#31;ject to the conditions imposed by it from time to time, raise loans for the execution of any work or for the purpose of carrying out any of the provisions of this Act and form a sinking fund for the payment of such loan.
Except as hereinafter provided, payment of any sum shall be made out of the Zilla Parishad Fund unless the expenditure of the same is covered by a budget grant except in the following cases, namely :(a) refund of moneys which Zilla Parishad is authorised to make under this Act or the rules and regulations made there#31;under ;(b) payment of moneys belonging to the contractors or other persons held in deposit and of moneys credited to the Zilla Parishad fund by mistake ;(c) sums which the Zilla Parishad is required or empowered by this Act to pay by way of compensation ;(d) every sum payable—(i) under this Act by order of the Government ; (ii) under a decree or order of a Civil Court; and(iii) under a compromise of any suit or other legal proceed#31;ings or claim.
It shall be lawful for the Government from time to time to direct, by notification that any road, bridge, channel, building or other property, movable or immovable or which is vested in the Government and which is situated in the district shall, with the consent of the Zilla Parishad and subject to such exceptions and conditions as the Govern#31;ment make and impose, be placed under the control and administration of the Zilla Parishad for the purpose of the Act and thereupon such road, channel, building, bridge and other property shall be under the control and administration of the Zilla Parishad, subject to all excep#31;tions and conditions so made or imposed and to all charges and liab#31;ilities affecting the same :Provided that the Government by notification may resume any property placed under the control of Zilla Parishad under sub-S. (1) on such terms as the Government may determine.
(1) The Government shall appoint an officer not below the rank of the Additional Deputy Commissioner of a district as Chief Executive Officer of the Zilla Parishad.(2) The Government shall also appoint a Chief Accounts Officer and a Chief Planning Officer for each Zilla Parishad.(3) The Government shall post from time to time to work under every Zilla Parishad such number of other officers of the State Govern#31;ment (including any officer appointed to such services from amongst persons employed by existing local authorities) as the Government con#31;sider necessary.(4) Notwithstanding anything contained in this Act or any other law for the time being in force, the Government or any other officer or other authority authorised by it in this behalf shall have powers to effect transfer of the officers so posted either within the district or from one district to another district.
(1) Save as otherwise expressly provided by or under this Act, the Chief Executive Officer shall—(a) carry out the policies and directions of the Zilla Parishad and take necessary .measures for the speedy execution of all works and development schemes of Zilla Parishad ;(b) discharge the duties imposed upon him, by or under this Act, or the rules and regulations made thereunder ;(c) supervise works of the officers and officials of the Zilla Parishad under the general superintendence of the President of the Zilla Parishad and under such rules as may be pres#31;cribed ;(d) have custody of all papers and documents relating to Zilla Parishad ; and(e) draw and disburse money out of the District Rural Develop#31;ment funds and exercise such other powers and perform such other functions as may be prescribed.(2) The Chief Executive Officer shall be the ex-of
(1) Every person in possession of money, accounts, records or other property pertaining to a Gaon Panchayat or Anchalik Panchayat or Zilla Parishad shall on the requi#31;sition in writing of the Chief Executive Officer for this purpose, forth#31;with handover such money, or deliver up such accounts, records or other property to the Chief Executive Officer or the person authorised in the requisition, to receive the same.(2) The Chief Executive Officer may also take steps to recover any money due by such person in the same manner and subject to the same provisions as in the relevant Land Revenue Act for the recovery of the arrear of land revenue from defaulters, and for the purpose of recover#31;ing the accounts, records or other property, pertaining to the Gaon Panchayat or Anchalik Panchayat or Zilla Parishad may issue a searchwarrant and exercise all such powers with respect thereto as ma
(1) All hats within the territorial jurisdiction of the Anchalik Panchayat shall be settled in the manner prescribed for a period coinciding with and not exceeding one Panchayat financial year by inviting tenders at the office of the Anchalik Panchayat.(2) Detailed procedure for inviting, and submission of such tenders shall be such as may be prescribed.(3) The powers of examination and final acceptance of such tenders shall be vested in the Standing Committee referred to in S. 52 (1) (a).(4) All settlement made under sub-S. (1) shall be subject to the confirmation of the Zilla Parishad :Provided that in case of any dispute, the Anchalik Panchayat may refer such case to the Government and the aggrieved party may appeal to Government whose decision in this regard shall be final.(5) Failure to settle any hat for want of adequate value, the Ancha#31;lik Panchayat
(1) All public ferries other than Government ferries within the terriotial jurisdiction of the Anchalik Panchayat shall be settled in the manner prescribed for a period coinciding with and not exceeding one Panchayat financial year by inviting tenders at the office of the Anchalik Panchayat by its President.(2) Detailed procedures for inviting and submission of such tenders shall be such as may be prescribed by the Government.(3) The powers of examination and final acceptance of such tenders shall be vested in the Standing Committee as under S. 52 (1) (a).(4) All settlements made under sub-S. (3) shall be subject to the confirmation of the Zilla Parishad :Provided that in case of any dispute the Anchalik Panchayat may refer such cases to the Government and the aggrieved party may appeal to Government whose decision in this regard shall be final Provided furthe
The powers of settlement of private hats, ghats and fisheries etc. under the jurisdiction of the Gaon Panchayat shall be vested in the Standing Committee as under sub-S. (1) (i) of S. 22.
(1) Notwithstanding anything in any law for the time being in force, the State Government shall transfer such Govern#31;ment fishery which has fetched an income of rupees twenty-five thousand or less in a year to the Gaon Panehayat within the jurisdiction of which the fishery is situated ;Provided that a transfer under this sub-section shall be given effect from the next following year on such income.(2) The Government shall transfer Government fisheries whose annual sale value is more than rupees twenty-five thousand and less than rupees one lakh with power of their control and administration to the Anchalik Panchayat within the jurisdiction of which such fisheries are situated.
(1) Save as otherwise provided in this Act or rules framed thereunder, all fisheries of an Anchalik Panchayat shall be settled by the Anchalik Pan#31;chayat in the manner prescribed for a period coinciding with or not exceeding one Panchayat financial year by inviting tender at the office of the Anchalik Panchayat by the President.(2) Detailed procedure for inviting and submission of such tenders shall be such as may be prescribed.(3) The powers of examination and final acceptance of such tenders shall be vested in the Standing Committee referred to in S. 52 (i) (a).(4) All settlements made under sub-S. (3) shall be subject to the confirmation of Zilla Parishad :Provided that in case of any dispute, the Anchalik Panchayat may refer such cases to the Government and the aggrieved party may appeal before Government whose decision in this regard shall be final;Pro
(1) Notwithstanding anything contained in the Assam Municipal Act, 1956 the sale proceeds of any hat situated in the area which has been excluded after com#31;mencement of this Act from the territorial jurisdiction of the Gaon Panchayat and included in the territorial jurisdiction of the Town Committee or Municipality, shall be equally apportioned by the State Government for three succeeding years following the year of such transfer of the area.(2) For any loan incurred by a local authority for improvement of a hat situated in the area which has been excluded from the territorial jurisdiction of Town Committee or Municipality, the liability of re#31;payment of such loan with interest, shall be transferred to such Town Committee or Municipality, under order of the Government.CHAPTER VIIIDisqualification of the President, Vice-President and member of Zilla Parishad, Anchalik Pancha
No person shall be elected or co-opted and remained as President, Vice-President or member of Zilla Parishad, Anchalik Panchayat and Gaon Panchayat, if he or she—(a) has been convicted of an offence involving moral turpitude or ordered to give security for good behaviour under S. 110 of the Code of Criminal Procedure, 1973, unless a period of four years has elapsed on the date fixed for holding election from the date of his release in case of a sentence of impri#31;sonment and in case of sentence other than imprisonment from the date of conviction ; or(b) has been dismissed from Government service for commission of act involving moral turpitude unless a period of five years has elapsed on the date fixed for holding election from the date of his dismissal : or(c) applies to be declared as an uncertified bankrupt or undischarged insolvent;(d) has been proclaimed a tout un
The officers as arc em#31;powered by the Government in this behalf shall have general powers of inspection, supervision and control over the performance of the admin#31;istrative duties of a Zilla Parishad, Anchalik Panchayat or Gaon Pan#31;chayat and without prejudice to the generality of the foregoing powers may—(a) enter into and inspect any immovable property in the occupa#31;tion or control of any work in progress under the direction of a Zilla Parishad, Anchalik Panchayat or Gaon Panchayat ;(b) call for and inspect any document which may, for the purpose of this Act, be in the possession or control of a Zilla Parishad, Anchalik Panchayat or Gaon Panchayat;(c) require, by an order in writing a Zilla Parishad, Anchalik Panchayat or Gaon Panchayat to furnish such statements, accounts, reports, proceedings as they think fit ;(d) give such advice in writing in respect
(1) The State Government shall, as soon as may be within one year from the date of commencement of the Constitution (Seventy-third Amendment) Act, 1992 and thereafter at the expiration of every fifth year, constitute a Finance Commission to review the financial position of the Panchayats and to make recommendations to the Governor as to—(a) the principles which should govern—(i) the distribution between the State and the Panchayats net proceeds of the taxes, duties, tolls and fees leviable by the State which may be divided between them and allocation between Panchayats at all levels of their respective share of such proceeds,(ii) the determination of the taxes, duties, tolls and fees which may be assigned to or appropriated by the Pan#31;chayats ;(iii) the Grants-in-aid to the Panchayats from the consolidated fund of the State,(b) the measures needed to improv
(1) The superinten#31;dence, direction and control of the preparation of electoral roll for, and the conduct of all elections to, the Panchayat shall be vested in a State Election Commission consisting of a State Election Commissioner to be appointed by the Governor.(2) The conditions of service and tenure of office of the State Panchayat Election Commissioner shall be such as the Governor may by rule determine ; provided that the State Election Commissioner shall not be removed from the office except in like manner and on the like grounds as a Judge of the High Court, and the conditions of service of the State Panchayat Election Commissioner shall not be varied to his disadvantage after his appointment.(3) The Government shall when so requested by the State Election Commissioner, make available to the State Election Commission such staff as may be necessary for the discharge of the functi
Every Panchayat shall have power to revise or modify any decision taken by any of its committes.
(1) A Gaon Panchayat may, subject to the provisions of the Act and the rules made thereunder and with the previous sanction of the Zilla Parishad, make bye-laws to carry out the purposes of this Act in so far as it relates to its powers and duties.(2) In particular and without prejudice to the generality of the foregoing power a Gaon Panchayat may make such bye-laws as may be required to discharge the functions and duties entrusted to it under S. 19.(3) In making any bye-laws under sub-Ss. (1) and (2) the Gaon Panchayat may provide that a contravention thereof shall be punishable with such fine as may be prescribed.(4) Any such bye-laws may also provide that a person contravening the same shall be required to remedy so far as it lies in his power, the mischief, if any, caused by such contravention.(5) All bye- laws made under this section shall be subject to the conditi
(1) An Anchalik Panchayat may, subject to the provisions of this Act and the previous sanction of the Government by notification, make regulations to carry out the purposes of this Act in so far as it relates to its powers and duties.(2) The regulations made under sub-S. (1) shall be subject to the condition of previous publication and such publication shall be made in such manner as may be prescribed.
(1) A Zilla Parishad may, subject to the provisions of this Act and the rules made thereunder and with the previous sanction of the Government, by notification, make regulations to carry out the purposes of this Act in so far as it relates to its powers and duties.(2) The regulations made under sub-S. (1) shall be subject to the conditions of previous publication and such publication shall be made in such manner as may be prescribed.
(1) The Government may, subject to the provisions of this Act, the rules made thereunder and after previous publication of the draft for not less than one month, make model regulations and bye-laws for Gaon Panchayats, Anchalik Panchayats and Zilla Parishads.(2) A Gaon Panchayat, Anchalik Panchayat or Zilla Parishad may, by resolution, adopt the model bye-laws or regulations, as the case may be, made under sub-S. (1), and such bye-laws and regulations shall come into force within the jurisdiction of the Gaon Panchayat, Anchalik Panchayat or Zilla Parishad from such date as the Gaon Panchayat, Anchalik Panchayat or Zilla Parishad, as the case may be, may specify in a notice published in the prescribed manner.
(1) When on account of the reason that the limits of a Panchayat area is altered, the Govern#31;ment may, by order published in the official Gazette, dissolve such Pan#31;chayat from a date specified in the order and direct that Gaon Pan#31;chayat, Anchalik Panchayat and Zilla Parishad concerned—(i) be reconstituted for the Panchayat area of which the Gaon Panchayat or of which Anchalik Panchayat of the district of which the Zilla Parishad has been dissolved ; or(ii) be established for ‘a Panchayat area, block or district which has been newly reconstituted.(2) The members of the Gaon Panchayat, Anchalik Panchayat or Zilla Parishad which has been dissolved under sub-S. (1) shall vacate their office from the date specified in the order of the Government.(3) The Gaon Panchayat, Anchalik Panchayat or Zilla Parishad re-constituted or re-established under the provisions of su
(1) The Government may, at any time for reason to be recorded, cause an enquiry to be made against any of its officers in regard to any Gaon Panchayat, Anchalik Panchayat or Zilla Parishad on matters concern#31;ing it, or any matters with respect to which the sanction, approval, consent or orders of the Government is required under this Act.(2) The officer holding such inquiry shall have the powers of the Civil Courts under the Code of Civil Procedure, 1908 to take evidence and to compel attendance of witnesses and production of documents for the purpose of inquiry.
(1) Notwithstanding anything contained in this Act, it shall -be lawful for the Government to issue directions to any Panchayat in matters relating to State and national policies and such directions shall be binding on the Panchayat,(2) The Government may—(a) call for any record or register or other document in posses#31;sion or under the control of any Panchayat ;(b) require any Panchayat to furnish return, plan, estimate, statement, accounts or statistics ; and(c) require any Panchayat to furnish any information or report on any matter connected with such Panchayat.
(1) Notwithstanding the transfer of any powers, functions and duties in respect of any matter to a Panchayat under this Act, the Government on a proposal from the Panchayat in that behalf where it is satisfied that by reason of a change in the nature of the matter such as the conversion of a primary health centre into a secondary health centre or conversion of seed multiplication farm into an agri#31;cultural research farm or a road becoming a part of a highway and any other such things, the matter would cease to be a matter in the relevant Panchayat functions list and it is necessary to withdraw from the Panchayat, the powers, functions or duties in respect of such matter may, by notification in the official Gazette, withdraw such powers, functions and duties with effect from the date specified in the notification and make such incidental and consequential orders as may be necessary to provide for matters in
(1) If in the opinion of the Zilla Parishad, the execution of any order or resolution of a Gaon Panchayat or any order of any authority or officer of a Gaon Panchayat or the doing any#31;thing which is about to be done, is improper or is causing or is likely to cause injury or annoyance to the public or to lead to a breach of peace, it may by order suspend the execution or prohibit the doing thereof.(2) When the Zilla Parishad make an order under sub-S. (1) it shall forthwith forward to the Government and to the Gaon Panchayat affect#31;ed thereby, a copy of the order with a statement of reasons for making it, and it shall be in the discretion of the Government to confirm or rescind the order and to direct that it shall continue to be in force with or without modification permanently or for such period as it thinks fit :Provided that no order of the Zilla Parishad passed under this section
(1) If the opinion of the Govern#31;ment, a Gaon Panchayat, Anchalik Panchayat or Zilla Parishad exceeds or abuses its powers or is not competent to perform or make persistent default in the performance of the duties imposed on it under this Act or any other law for the time being in force, the Government may, by an order published in the official Gazette, dissolve such Gaon Panchayat or Anchalik Panchayat or the Zilla Parishad, as the case may be.(2) Before publishing an order under sub-S. (1), the Government shall communicate to the Gaon Panchayat or the Anchalik Panchayat or the Zilla Parishad, as the case may be, the grounds on which it proposes to do .so, and fix a reasonable period for the’ ‘Panchayat to show cause against the proposal and consider its explanation or objection, if any.(3) When a Gaon Panchayat or an Anchalik Panchayat or a Zilla Parishad is dissolved all the members
(1) Every Gaon Panchayat shall prepare every year a development plan and submit it to the An#31;chalik Panchayat before such date and in such form as may be prescrib#31;ed by the District Planning Committee as under S. 3 (1).(2) Every Anchalik Panchayat shall prepare every year a develop#31;ment plan for its area after including the development plans of the Gaon Panchayats and submit it to the Zilla Parishad before such date and in such form as may be prescribed by the District Planning Com#31;mittee as under S. 3 (1).(3) Every Zilla Parishad shall prepare every year a development plan of the district after including the development plans of the An#31;chalik Panchayats and submit it before such date and such form as may be prescribed by the District Planning Committee, to the District Planning Committee constituted under S. 3 (1) of this Act.
(1) The Govern#31;ment shall constitute such Panchayat Election Tribunals as may be necessary, on the recommendation of the High Court to dispose of all direct election petitions challenging elections under this Act. The jurisdiction, powers and functions and the headquarters of the Tribunal shall be decided by the Government in consultation with the High Court, except as provided in S. 10 of this Act.
Any person who, in connection with Panchayat election, pro#31;motes or attempts to promote on-grounds of religion, race, caste, com#31;munity or language, feelings of enmity or hatred between different classes, shall be punishable with imprisonment for a term which may extend to three years, or with fine to the extent of one thousand rupees or with both.An offence punishable under this section shall be cognizable and bailable.
Any person who convenes, holds or attends any public meeting in any polling area during the period of forty-eight hours ending with the hour fixed for the conclusion of the poll for Panchayat election in that polling area shall be punishable with fine which may extend to two hundred and fifty rupees.An offence punishable under this section shall be cognizable and bailable.
Any person who at a public meeting of political character held lawfully between the date of issue of notification of Panchayat election and date fixed for ending election canvassing, acts or incites others to act in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called, shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees or with both.An offence punishable under this section shall be cognizable and bailable.
Restriction on the printing of pamphlets, posters etc. (1) No person shall print or publish, or cause to be printed or published, any election pamphlet or poster which does not bear on its face the names and addresses of the printer and the publisher thereof.(2) No person shall print or cause to be printed any election pamphlet or poster—(a) unless a declaration as to the identity of the publisher thereof signed by him and attested by two persons to whom he is personally known, is delivered by him to the printer in dupli#31;cate ; and(b) unless within reasonable time after the printing of the docu#31;ment, one copy of the declaration is sent by printer together with one copy of the document to the District Returning Officer (District Magistrate) of the district where it is printed.Any person who contravenes any of the provisions of sub-Ss. (1) and (2) shall be punishabl
Every officer, assistant, agent or other person who performs any duty in connection with the recording or counting of votes in Panchayat election shall maintain the secrecy of the voting and shall not (except for some purpose authorised by or under any law) communicate to any person any information calculated to violate such secrecy.Any person who contravenes this provision shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both.An offence punishable under this section is cognizable and bailable.
Any person who is a Returning Officer or an Assistant Return#31;ing Officer or a President or Polling Officer at a Panchayat election or an officer or assistant appointed by the Returning Officer or by the Presiding Officer to perform any duty in connection with a Panchayat election or a member of a Police force on duty shall not endeavour—(i) to persuade any person to give his vote at a Panchayat election ;(ii) to dissuade any person from giving his vote at a Panchayat election ;(iii) to influence the voting of any person at a Panchayat elec#31;tion in any manner.Any person who contravenes these provisions shall be punishable with imprisonment which may extend to six months or with fine, which may extend to two hundred rupees or with both.An offence punishable under this section shall be cognizable and bailable.
No person shall, on the date or dates on which poll is taken at any polling station commit any of the following act or acts at any station or at any public or private place within a distance of one hundred meters of the polling station, namely,—(i) canvassing for votes ; or(ii) soliciting the vote of any elector, or(iii) persuading any elector not to vote for any particular candi#31;date ; or(iv) persuading any elector not to vote at the election ; or(v) exhibiting any notice or sign, other than an official notice relating to the Panchayat election.Any person who contravenes these provisions shall be punishable with fine which may extend to two hundred and fifty rupees.Any offence punishable under this section shall be cognizable and bailable.
(1) No person shall, on the day or dates on which a poll is taken at any polling station—(i) use or operate, within or at the entrance of the polling station or in any public or private place in the neighbourhood there#31;of, any apparatus for amplifying or reproducing the human voice, such as a megaphone or a loudspeaker, or(ii) shout, or otherwise act in a disorderly manner, within or at the entrance of the polling station or in public or private place in the neighbourhood thereof, so as to cause annoyance to any person visiting the polling station for the poll, or so as to interfere with the work of the officers and other persons on duty at the polling station. Any person who contravenes or wilfully aids or abets the contravention of, these provisions shall be punishable with imprisonment which may extend to three months or with fine which may extend to five hundred rupees or
Any person who, during the hours fixed for the poll at any polling station, shows misconduct or fails to obey the lawful directions of the Presiding Officer, may be removed from the polling station by the Presiding Officer or by any police officer on duty or by any person authorised in this behalf by such Presiding Officer.The power conferred by the above provision shall not be exercised so as to prevent any elector who is otherwise entitled to vote at a poll#31;ing station from having an opportunity of voting at that station.Any person, who has been so removed from a polling station, if re-enters the polling station without the permission of the Presiding Officer, he shall be punishable with improvement for a term which may extend to three months or with fine which may extend to five hundred rupees or with both.An offence punishable under this section shall be cognizable and bai
If any elector, to whom a ballot paper has been issued, refuses to observe the procedure prescribed for voting, the ballot paper handed over to him shall be liable for cancellation.
If any person is guilty of any such corrupt practice of illegal hiring or procuring of vehicle for voters at or in connection with the Panchayat election, he shall be punishable with fine which may extend to one thounsand rupees.The offence punishable under this section is cognizable and bailable.
Breaches of official duty in connection with election. (1) If any person on official duty in connection with a Panchayat election to whom this Act applies is without reasonable cause, guilty of any act or omission in breach of his official duty, he shall be punishable with fine which may extend to five hundred rupees.An offence punishable under this section shall be cognizable and bailable :Provided that no suit or other legal proceedings shall lie against any such person for damages in respect of any such act or omission as afore#31;said.(2) The person to whom this section applies are the Returning Officer, Assistant Returning Officer, Presiding Officer, Polling Officer and any other person appointed to perform any duty in connection with the receipt of nominations or withdrawal of candidature or record#31;ing or counting of votes at the Panchayat election and the expression ‘of
If any person in the service of the Govern#31;ment acts as an election agent, or a polling agent or a counting agent of a candidate at Panchayat election, he shall be punishable with imprison#31;ment for a term which may extend to three months or with fine which may extend to one thousand rupees or with both.An offence punishable under this section is cognizable and bailable.
Any person who at the Panchayat election fraudulently takes or attempts to take a ballot paper out of a polling station, or wilfully aids or abets the doing of any such act, shall be punishable with im#31;prisonment for a term which may extend to one year with fine which may extend to five hundred rupees or with both.If the Presiding Officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under this section, such officer may, before such person leaves the polling station, arrest or direct a police officer to arrest such person and may search such person or cause him to be searched by a police officer :Provided that when it is necessary to cause a woman to be searched, the search shall -be made by another woman with strict regard to decency.Any ballot paper found upon the person arrested on search shall be made over f
Offence of booth capturing. Whoever commits an offence of booth capturing shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years and with fine, and where such offence is committed by a person in the service of the Government, he shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which may extend to one thousand rupees or with both.An offence punishable under this section is cognizable and non-bailable.Explanation. For the purpose of this section “booth capturing” includes among other things, all or any of the following activities, namely :(i) seizure or closure of a polling station or a place fixed for the poll by any person or persons making polling authorities surrender the ballot papers or voting machines and doing of any oth
A person shall be guilty of all election offences, if at the Panchayat election he—(i) fraudulently defaces or fraudulently destroys any nomination papers, or(ii) fraudulently defaces, destroys or removes any list, notice or other documents affixed by or under the authority of a Returning Officer, or(iii) fraudulently defaces or fraudulently destroys any ballot paper or the official mark on any ballot papers or any declaration of identity or official envelope used in connection with voting ballot, or(iv) without the authority supplies any ballot paper to any person or receives any ballot paper from any person or is in posses#31;sion of any ballot papers, or(v) fraudulently puts into any ballot box anything other than the ballot paper which he is authorised by law to put in, or(vi) without due authority destroys, takes, opens or otherwise interferes w
No Court other than that of a Judicial Magistrate of the First Class of the competent jurisdiction shall try any offence under this Act.
Offences under this Act may be tried summarily in the manner provided for summary trial under the Code of Criminal Procedure, 1973 (Act 2 of 1974).Explanation. For the purposes of the foregoing sections of this Act, the words “cognizable” and “bailable” shall have the meaning respec#31;tively assigned to them in the Code of Criminal Procedure, 1973 (Act 2 of 1974).
(1) As soon as may be after the first day of July in every year and not later than the thirty-first day of August every year, the Executive Officer of the Anchalik Panchayat shall place before the Anchalik Panchayat a report of the Anchalik Panchayat during the preceding Panchayat year in such form and with such details as the Government may direct and shall forward the report with the resolution of Anchalik Panchayat thereon to the Government by the thirtieth of September every year.(2) As soon as may be after the first day of July every year, the Chief Executive Officer of the Zilla Parishad shall prepare a report on the Administration of the Zilla Parishad during the preceding Panchayat year in such form and with such detail as the Government may direct and submit the report to the Zilla Parishad.After approval by the Zilla Parishad it shall be submitted to Gov#31;ernment by the thirtie
Notwith#31;standing anything contained in this Act—(a) the validity of any law relating to the delimitation of consti#31;tuencies on the allotment of seats to such constituencies made under Art. 243 of the Constitution of India shall not be called in question in any court ;(b) no election to any Panchayat shall be called in question except by an election petition presented within sixty days from the date of declaration of election results to the Tribunal constituted under S. 127.
All the Panchayats existing immediately before the commencement of this Act shall continue till the expiration of their duration as under the Assam Panchayati Raj Act, 1986 unless sooner dissolved by a resolution passed to that effect by the Legislative Assembly of the State :Provided that in case of dissolution by a resolution passed by the Legislative Assembly all the powers and duties of Gaon Panchayats or Anchalik Panehayats shall, during the period of such dissolution, be exercised and performed by such officer not below the rank of Gazetted officer, as the Government may from time to time appoint in this behalf.
(1) On and from the date on which this Act comes into force, the Assam Panchayati Raj Act, 1986 shall be deemed to be repealed.Provided that—(a) till such time when new rules are framed ‘before the expiry of one year from the coming into force of 73rd Amendment of the Constitution Act the rules framed under 1986 Act, shall remain valid ;(b) the said repeal shall not affect the validity or invalidity of anything already done under the said enactment ;(c) all rules and bye-laws, notifications, orders, appointments made, permissions and sanctions granted, taxes, cess, fees, or rates levied, contract entered into, suits instituted and proceedings taken under the Assam Panchayati Raj Act, 1986 and in force immediately before the commencement of this Act, shall continue to be in force and so far as they are not inconsistent with this Act, shall be deemed to have been retrospe
(a) If any difficulty arises in giving effect to the provisions of this Act, the Government may take such necessary action so long as these are not repugnant to the main objec#31;tives and provisions of this Act.(b) The State Government may, by notification, constitute a stand#31;ing committee of Legislators to resolve disputes between the district administration and the Zilla Parishad.
When the provisions of this Act are withdrawn from any Zilla Parishad or Anchalik Panchayat or Gaon Panchayat area, all the properties, funds and dues, which were vested in such Zilla Parishads, Anchalik Panchayats, or Gaon Panchayats, shall be vested in the Deputy Commissioner or the Sub-divisional Officer, as the case may be, who shall make such allocation of the pro#31;perties as he deems fit with the prior approval of the Government.
Every person who is elected to be a member of Zilla Parishad, Anchalli Pauchayat or Gaon Panchayat shall, before taking his seat, make and subscribe before such authority as may be specified by the State Government in this behalf an oath or affirmation of his allegiance to the Constitution of India at a meeting which shall hereinafter be called the first meeting in the following form.“I, A. B. being a member of the... .........Zilla Parishad/Anchalik Panchayat/Gaon Panchayat do swear in the name of God (or solemnly affirm) that I will bear true faith and allegiance to the Cons#31;titution of India as by law established and that I will faithfully discharge the duty upon which I am about to enter.”
If a dispute arises between two or more Panchayat bodies and local authority or between any two local authorities the matter shall be referred to the Government or to such authority as the State Government may direct and the decision of the Government or such authority shall be final and conclusive.
All the measures needed to augment the consolidated fund of the State to supplement the resources of the Panchayat in the State on the basis of recommendation made by the State Panchayat Finance Commission, shall be taken by the Government as it may deem fit.
Any employee under a Panchayat institution or person aggrieved by any order or act of a Panchayat institution may file an appeal within fifteen days from the date of receipt of such order or performance of such act, to the Government whose decision in this regard shall be final.
(1) The State Government may delegate any of their powers under this Act or rules framed there#31;under except where expressly provided to the contrary to any Govern#31;ment officer of Gazetted rank.(2) Except where expressly provided to the contrary, the Government may delegate all or any of the powers of the Deputy Commissioner or the Sub-divisional Officer under this Act or rules framed thereunder to any Government officer of Gazetted rank.(3) Except where expressly provided to the contrary, the Deputy Commissioner or the Sub-divisional Officer, as the case may be, may delegate all or any of their powers under this Act or rules framed under this Act to any Government officer of Gazetted rank.(4) The delegation of power under sub-Ss. (1), (2), and (3) shall be an order in writing and such order may be modified or withdrawn at any time,
Subject to the approval of the Government, every Anchlik Panchayat or Gaon Panchayat may, by subsidiary rules consis#31;tent with this Act and with any rules made thereunder, provide for—(a) the time and place of its meeting, the business to be transact#31;ed at the meeting, and the manner in which the notice of the meeting be given ; .(b) the duties, and control of employees working under it ;(c) the custody of the common seal and the purpose for which it shall be used ;(d) the division of duties among its members and employees ;(e) the powers to be exercised by the office bearers to whom particular duties have been assigned ;(f) the person by whom receipt shall be granted for money received under this Act.
(1) For Zilla Parishad, Anchalik Pan-chayat and Gaon Panchayat Grade III and Grade IV staff shall be appointed by the Chief Executive Officer of Zilla Parishad on the recommendation of the District Selection Committee of Panchayat and Rural Development Department constituted by the Government in the Panchayat and Rural Development Department.Grade I and Grade II officers shall be posted in the Panchayats and Zilla Parishad by the State Government.(2) The teachers in schools managed by Panchayats shall be posted by the officer authorised by the Education Department of the State Government on the recommendation of the District Teachers Selection Committee constituted by the Education Department.
(1) The State Government may make rules for carrying out the purposes and objects of this Act.(2) Any rule framed under sub-S. (1) may be given retrospective effect.
(1) The Assam Panchayat Ordinance, 1994(Assam Ordinance VI of 1994) is hereby repealed.(2) Notwithstanding such repeal, anything done or any action taken under the Ordinance so repealed shall be deemed to have been done or taken under the corresponding provisions of this Act as if this Act came into force on the date on which the said Ordinance came into force.
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