ASSAM PANCHAYATI RAJ ACT, 1972
Whereas it is expedient to amend and consolidate the laws relating to Local Self Government in the villages of the State of Assam with a view to enable the Panchayati Raj Institutions to function more effectively as units of Local Self Government ;It is hereby enacted as follows:
(1) This Act may be called the Assam Panchayati Raj Act, 1972.(2) It extends to all the villages and the tea garden areas in the whole of the State of Assam, except the Autonomous District under the Sixth Schedule to the Constitution of India and any area which has been or hereafter may be included in a Municipality or a Town Committee or a Cantonment constituted under the Assam Municipal Act, 1956 (Assam Act XV of 1957) and Cantonment Act, 1924 (Act II of 1924) respectively or by any other Act.(3) It shall come into force on such date as the State Government may, by notification, direct.(4) The State Government may, by notification, withdraw the opera#31;tion of the whole or part of this Act from any area or areas to which it may have been extended and may make any alternative arrangement deemed necessary.
In this Act unless there is anything repugnant in the subject or context—(1) “Adult” means a person male or female having completed his or her twenty-first year of age ;(2) “Bazar” or “Hat” or “Market” means any place where persons assemble daily or bi-weekly or weekly or periodically for sale or purchase of articles intended for food and drinks or live#31;stocks or other merchandise ;(3) “Bye-law” means bye-law made and approved under the pro#31;visions of this Act ;(4) “Carriage” means any wheeled vehicle with springs or other appliances acting as spring of a kind ordinarily used for convey#31;ance of human beings and includes bi-cycles , tri-cycles, rick#31;shaws of all kinds ; but does not include motor vehicles and perambulators ;(5) “Cart” means any cart, hackney or wheeled vehicle with or without springs which is not a carriage as defined in sub-S (4) j
(1) The State Government shall by notification establish a Mohkuma Parishad in each civil sub-division, and where there is no civil sub-division, in each district, declaring the name and territorial jurisdiction of such Mohkuma Parishad.(2) The State Government may by notification, alter the territorial jurisdiction of a Mohkuma Parishad.
(1) In each area declared a Mohkuma Parishad under S. 3. there may be as many Gaon Panchayats as may be deemed necessary by the State Government :Provided that the area of a Gaon Panchayat shall have a population of not less than 15 thousand and not more than 20 thousand, subject to such variation, not being larger than 5 thousand, as may be necessary on consideration of local conditions ;Provided further that the area of any revenue village or a forest village shall be included entirely within the area of one Gaon Panchayat.(2) the State Government shall, by notification, declare and publish the names and territorial jurisdiction of such Gaon Panchayats and may at any time, by notification, include any area or exclude any area from the territorial jurisdiction of a Gaon Panchayat.
(1) When any area is included in a Mohkuma Parishad under S. 3, such area shall become subject to all the rules, regulations, bye-laws and orders under this or any other enactment in force in the area within the jurisdiction of such Mohkuma Parishad,(2) Where any area is included in a Gaon Panchayat under S. 4 such area shall become subject to all the rules, regulations, bye-laws and orders under this or any other enactment in force in the area within the jurisdic#31;tion of such Gaon Panchayats.
(1) (a) Each area declared a Gaon Panchayat under sub-S, (2) of S. 4, shall be a constituency of the Mohkuma Parishad for the purpose of electing one councillor to the Mohkuma Parishad from such constituency :Provided that any one of such constituencies shall be reserved by lot for electing one woman councillor to the Mohkuma Parishad. Such reserved constituency shall be rotated for every election held for a new term •Provided further that wherever five per cent or more people within the jurisdiction of the Mohkuma Parishad belong to the Scheduled Caste, the constituency having maximum number of population of sub com#31;munity amongst all the constituencies of the Mohkuma Parishad, shall be reserved for electing a Scheduled Caste councillor to the Mohkuma Parishad ;Provided further that when five per cent or more people within the jurisdiction of the Mohkuma P
On the publication of notification under S. 4, subject to the provisions of S. 8 the electoral roll of the Assam Legislative Assembly prepared under the Representation of People Act, 1951 and in force on such date as may be notified, either by a general or special order, by the State Government, for such part or parts of the Assembly constituency or constituencies as may be included in the constituency of any Gaon Panchayat, shall be the list of voters entitled to vote for elections for Gaon Panchayat and also for the Mohkuma Parishad within whose jurisdiction the constituency of the Gaon Panchayat is included.
(1) The list of voters referred to in S. 7 shall be published in such manner and by such authority as may be prescribed.(2) Any person whose name is not included in the list of voters published under the preceding sub-section may apply within 10 days from its publication to the officer publishing the same for inclusion of his name therein and the officer concerned shall, if he is satisfied that the applicant fulfils the conditions mentioned in sub-S. (3) and is not disqualified from being included in the list of voters under sub-S. (4), after making such enquiry as may be prescribed, direct the name to be included in the list of voters.(3) Every person shall be entitled to be included in the list of voters of Gaon Panchayat if he is not less than 21 years of age on the date of its publication under sub-S. (1) and is ordinarily resident within the cons#31;tituency of that Gaon Panchayat:
(1) (a) For each Gaon Panchayat area declared under S. 4 there shall be a local body called Gaon Panchayat consisting of such number of elected members not exceeding fifteen :Provided that one member to the Gaon Panchayat shall be elected in the manner prescribed by the voters of each constituency of the Gaon Panchayat as published under sub-S. (3) of S. 6 from amongst themselves.The voters of a Gaon Panchayat shall elect from amongst themselves one to be a President of the Gaon Panchayat in the manner prescribed.Any dispute arising out of the election aforesaid shall be dealt with in the manner prescribed.(b) The State Government shall nominate one representative to the Gaon Panchayat from amongst the Chairmen of the Co-operative Societies falling within the jurisdiction of such Gaon Panchayat, as ex-officio member.(c) The councillor of Mohkuma Pari
(1) Notwithstanding any vacancy in the membership of the Gaon Panchayat, the Deputy Commis#31;sioner or Sub-divisional Officer, as the case may be shall, immediately after but before the expiration of thirty days from the date of publication of the notification under sub-S. (3) of S. 9, call a meeting of the Gaon Pan#31;chayat members (which meeting shall be called the first meeting of the Gaon Panchayat) for electing a Vice-President of the Gaon Panchayat, its elected and nominated members, if any, from amongst themselves.(2) An officer empowered by the Deputy Commissioner or Sub-divi#31;sional Officer, as the case may be, shell administer an oath or affirmation to the members of the Gaon Panchayat according to the provision of S. 154 before commencement of the meeting ;Provided that the President of the Gaon Panchayat shall administer an oath or affirmation to any absentee memb
The term of office of the President, Vice-President and members of the Gaon Panchayat shall be four years from the date of the first meeting of the Gaon Panchayat:Provided that the term of the office fixed under this section shall be held to include any period which may elapse between the expiration of the said period and the date of the first meeting of the Gaon Panchayats newly constituted. When a Gaon Panchayat is thus duly constituted the old Gaon Panchayat shall stand dissolved ;Provided further that the term of a Gaon Panchayat, which is consti#31;tuted after the constitution of other Gaon Panchayats in a regular election, shall expire with the expiration of 4 year term of other Gaon Panchayats irrespective of the fact that the former has not completed 4 year term ;Provided further that the State Government may, where it is not possible to hold election
(1) The President of the Gaon Panchayat shall be entitled to such remuneration as may be fixed by the State Government from time to time :Provided that the Gaon Panchayat by a resolution authorises payment of such a remuneration and payment is made from its own fund ;Provided further that the Gaon Panchayat may authorise payment of remuneration to the President of the Gaon Panchayat at a rate lower than the rate fixed by the State Government and also with effect from any retrospective date.(2) Travelling expenses and other allowances for journey performed by the President of the Gaon Panchayat in his official capacity shall be admissible at such rates and under such conditions as may be fixed by the State Government from time to time ; provided that payment is made from the Gaon Panchayat’s own Fund. Such travelling expenses and other allowances may be paid wi
(1) No person shall be elected, nominated and remain as member of Gaon Panchayat, if he—(a) has been convicted of an offence involving moral turpitude or convicted of any other offence, if the sentence awarded is impri#31;sonment for one year or more or convicted of an offence under Untouchability (Offences) Act, 1955, unless a period of four years has elapsed on the date fixed for holding the election from the date of his release in case of sentence of imprisonment and in case of sentence other than imprisonment, from the date of conviction ; or(b) has been ordered to give security for good behaviour under S. 110 of the Code of Criminal Procedure, 1898 (Act V of 1898) unless a period of three years has elapsed on the date fixed for holding election from the date of release from such order ; or(c) has been dismissed from service of the Government or any local authority or institu
A Gaon Panchayat shall have an office and the President of the Gaon Panchayat shall be responsible for its due maintenance.
(1) The Executive Committee of the Mohkuma Parishad shall appoint a Secretary for each Gaon Panchayat, The Secretary of the Gaon Panchayat so appointed shall assist the President of the Gaon Panchayat in due main#31;tenance of the Gaon Panchayat office and for proper organisation and execution of Rural Development Programme within the area of the Gaon Panchayat.(2) Qualification, salary and other conditions of service including control and disciplinary action of the Gaon Panchayat Secretary so appointed, shall be governed by the rules to be made for the purpose by the State Government:Provided that the Mohkuma Parishad shall place the services of the Gaon Panchayat Secretary at the disposal and control of such Gaon Panchayat where he is posted ;Provided further that the Block Development Officer shall have super#31;visory control over the Secretaries of the Ga
Resolutions and direc#31;tions of the Gaon Panchayat, and of the Mohkuma Parishad in matters relating to the Gaon Panchayat, and any order of the State Government shall be carried out by the President of the Gaon Panchayat on whom the entire executive power of the Gaon Panchayat shall be vested, and he shall be directly responsible for due performance of the duties imposed upon the Goan Panchayat under this Act.
(1) If a President, Vice-President, or a member of the Gaon Panchayat dies, resigns, or is removed or otherwise a vacancy is created, such vacancy shall be filled up within two months by holding bye-election in the manner these offices are filled.(2) The terms of office of such President of Vice-President or member, as the-case may be, to fill up a casual vacancy, shall be the remainder of the term of office of the President or the Vice-President or the member whom he replaces.
(1) The meeting of a Gaon Panchayat shall be called by the President of the Gaon Panchayat and shall be held in the Gaon Panchayat office or at such place within its area as he may notify.(2) An ordinary meeting of a Gaon Panchayat shall be held at least once in two months.(3) The President of a Gaon Panchayat may at any time or shall upon a requisition in writing of not less than half of the total membership of the Gaon Panchayat or if directed by the Chief Executive Councillor, shall call a special meeting of the Gaon Panchayat within 15 days from the date of receipt of the requisition or direction as the case may be :Provided that if the President fails to call such special meeting within thirty days from the date of requisition or direction, the Chief Executive Councillor may direct the Secretary of the Gaon Panchayat to call such meeting. In such meeting, in the absence of t
The Gaon Panchayat shall form such number of sub-committees with such powers, functions, and members as may be considered necessary by it ;Provided that the President and Secretary of the Gaon Panchayat shall function as the President and Secretary respectively of every sub#31;committee.
(1) A general meeting of the voters within a Gaon Panchayat area, shall be called by the President of the Gaon Panchayat at the beginning of every financial year, on such date and at such time and place as he may notify and in such manner as may be prescribed. Such meeting shall be held to review the progress of works of the Gaon Panchayat during the preceding year and to consider the working plan and programme for the current year.(2) One hundred voters shall form the quorum for such meeting.(3) In the absence of a quorum the meeting shall be adjourned to a date not later than 15 days from the date of this meeting.(4) No quorum shall be required for the adjourned meeting.
(1) The Mohkuma Parishad as established under S. 3 shall consist of—(a) one councillor of the Mohkuma Parishad to be elected in the manner prescribed by the voters of a Gaon Panchayat area from amongst themselves excluding such voter or voters as may have been elected under the Representation of People Act, 1951 to the State Legislature or to the Parliament.Any dispute arising out of election of a councillor of the Mohkuma Parishad shall be dealt with in the manner prescribed ;(b) one representative each, not being a member of the State Legislature or Parliament, from the Municipality, Town Committee, Regional Board of Elementary Education and the Central Co-operative Bank falling within the sub division as ex-officio councillors ; and(c) such other Government officers as ex-officio councillors as the State Government may appoint from time to time.(d
(1) Notwithstanding any vacancy of the councillors of the Mohkuma Parishad, the Deputy Commissioner or the Sub-divisional Officer, as the case may be, shall immediately after but before expiration of thirty days from the date of publication of the notification under sub-S. (4) of S 20, convene a meeting of the Mohkuma Parishad {which meeting shall be called the first meeting of the Mohkuma Parishad) for the purposes of electing a Chairman, a Chief Executive Councillor and a Deputy Chief Executive Councillor of the Mohkuma Parishad by its elected and nominated councillors, if any, from amongst themselves :Provided that the first election of the Deputy Chief Executive Councillor shall be held within three months from the date of publication of the Assam Panchayati Raj (Fourth Amendment) Act, 1976 in the official Gazette and the procedure for election of the Chief Executive Councillor shall m
(1) The term of office of the Chairman, Chief Executive Councillor, Deputy Chief Execu#31;tive Councillor and the councillors of the Mohkuma Parishad shall be four years from the date of the first meeting of the Mohkuma Parishad convened under sub-S. (1) of S. 21 :Provided that the term of the office fixed under this section shall be held to include any period which may elapse between the expiration of the said period and the date of the first meeting of the Mohkuma Parishad newly constituted and when a Mohkuma Parishad is thus duly constituted and it meets for the first time the old Mohkuma Parishad shall stand dissolved ;Provided further that the term of a Mohkuma Parishad which is cons#31;tituted after the constitution of other Mohkuma Parishads in a regular election, shall expire with the expiration of 4 year term of the other Mohkuma Parishads irrespective of the f
(1) The Chief Executive Councillor, Deputy Chief Executive Councillors and Presidents of Standing Committees of Mohkuma Parishad shall be entitled to such remuneration as may be fixed by the State Government from time to time :Provided that the Mohkuma Parishad by a resolution authorises pay#31;ment of such a remuneration and payment is made from its own fund ;Provided further that the Mohkuma Parishad may authorise payment of remuneration to the Chief Executive Councillor, Deputy Chief Execu#31;tive Councillors or Presidents of the Standing Committees at a rate lower than the rate fixed by the State Government and which may be paid with effect from any retrospective date.(2) Travelling expenses and other allowances for journeys performed by the Chief Executive Councillor and the President of Standing Committee of the Mohkuma Parishad for journeys performed in
(1) The Mohkuma Parishad shall have an office and an officer, appointed by the State Government as Secretary Of the Mohkuma Parishad, who shall be responsible for its due maintenance. The State Government shall place the services of such officers at the disposal and control of the Mohkuma Parishad.(2) Executive powers of the Mohkuma Parishad. The executive powers of the Mohkuma Parishad shall be exercised by the Chief Executive Councillor of the Mohkuma Parishad with assistance of the Secretary of the Mohkuma Parishad in carrying out the resolution and directions of the Mohkuma Parishad.(3) The Deputy Chief Executive Councillor shall discharge all functions and duties of the Chief Executive Councillor under the Act and rules made thereunder during vacancy in the office of the Chief Executive Councillor or temporary absence of the Chief Executive Councillor.
A Chairman, Chief Executive Councillor, Deputy Chief Executive Councillor or councillor of a Mohkuma Parishad or a President, Vice-President or a member of a Gaon Panchayat may resign during the term of his office by intimating in writing his intention to do so to the Deputy Commissioner or the Sub-divisional Officer, as the case may be, and to the Mohkuma Parishad or Gaon Panchayat concerned and on such resignation being accepted by the Deputy Commissioner or Sub-divisional Officer, as the case may be^ he shall be deemed to have vacated his office.
Vice-president or member of a Gaon Panchayat. (1) A Chairman or Chief Executive Councillor, Deputy Chief Executive Councillor or President of Standing Committee or councillor of Mohkuma Parishad or a President or Vice-President or member of a Gaon Panchayat shall immediately cease to hold office, if—(a) he suffers from any of the disqualifications mentioned in sub-S. (l)of S. 12, or(b) remains absent in three consecutive meetings of the Mohkuma Parishad or the Gaon Panchayat, as the case may be, without assigning any reason therefor in writing :Provided that the Mohkuma Parishad concerned after holding an enquiry of the matter, and giving a reasonable opportunity of the wing cause and of being heard against the action proposed to be taken against such person, may give an order to him to vacate his office forthwith ;Provided further that any aggrieved person on
(1) If a Chairman or Chief Executive Councillor or Deputy Chief Executive Coun#31;cillor or councillor of a Mohkuma Parishad dies or resigns or is removed or otherwise a vacancy is created, such vacancy shall be filled up within six months from the date on which such vacancy occurred in the manner these offices are respectively filled.(2) The term of office of such Chairman or Chief Executive Councillor or Deputy Chief Executive Councillor or councillor, as the case may be, to fill up causual vacancy shall be the remainder of the term of an office of the Chairman or the Chief Executive Councillor or Deputy Chief Executive Councillor or the councillor whom he replaces.
(1) A meeting of Mohkuma Parishad shall be called by the Secretary in consultation with the Chief Executive Councillor and Chairman and shall be held in the Mohkuma Parishad office on such date and at such time as the Secretary may notify.(2) An ordinary meeting of the Mohkuma Parishad shall be called at least once is three months.(3) The Secretary of Mohkuma Parishad in consultation with the Executive Councillor and Chairman may at any time or shall upon a requisition in writing of not less than one-fifth of the councillors or if directed by the State Government, call a special meeting of the Mohkuma Parishad.(4) (a) Every meeting of Mohkuma Parishad shall be presided over by the Chairman and in his absence, the councillors present shall choose one from amongst themselves to preside over.(b) Every meeting of the Executive Committee of a Mohkuma Parishad shall be presid
(1) The Mohkuma Parishad shall form such number of Standing Committees to assign different functions of the Mohkuma Pari#31;shad as enumerated under S. 36 and with such powers, functions and number of members as may be prescribed for this purpose :Provided that the President of a Standing Committee shall be elected by the members of the Standing Committee concerned ;Provided further that the State Government shall appoint such officer as Secretary of a Standing Committee as may be deemed necessary and the services of the officer shall be placed at the disposal and control of the Mohkuma Parishad.(2) (a) The Mohkuma Parishad shall have an Executive Committee consisting of the Chief Executive Councillor, Deputy Chief Executive Councillor and all the Presidents of Standing Committees formed under sub-S (1). The Chief Executive Councillor and the Secretary of the
(1) No act of a Mohkuma Parishad or its Executive Committee or Standing Committee of Gaon Panchayat or its sub-committee under this Act shall be declared invalid by reason only of any vacancy in the total number of councillors or members or by reason of any irregularity or defect in the election of any member.(2) Until the contrary is proved, any document or minutes which pur#31;ports to be a record of the proceedings of the Mohkuma Parishad or its Executive Committee or Standing Committee or of a Gaon Panchayat or its sub-committee shall, if substantially made and signed in the manner prescribed for making and signing of the record of such proceedings, shall be deemed to be a correct record of the proceedings of a duly con#31;vened meeting held by a duly constituted Mohkuma Parishad or its Executive Committee or Standing Committee of Gaon Panchayat or its sub-committees.(3) The powers of
Save as otherwise provided, the Executive Committee of the Mohkuma Parishad may appoint such staff as may be necessary for the Mohkuma Parishad or for the Gaon Panchayat, which shall be exclusive of such staff as may be deputed by the State Government from time to time. Such employees shall be included in the sub-divisional cadre of Panchayat employees under control of the Moh#31;kuma Parishad.Salary, promotion and other conditions of services, including discip#31;linary actions of such staff shall be determined by the rules to be made for the purpose by the Mohkuma Parishad.
(1) For supervision, guidance and inspection of the working of the Mohkuma Parishad, the Development Blocks and the Gaon Panchayats, the State Government shall appoint such officers as may be deemed necessary.(2) For planning, organisation and implementation of various develop#31;ment programmes to be executed by the Mohkuma Parishad and the Dev#31;elopment Blocks and the Gaon Panchayats, as the case may be, the State Government shall depute such officers from the connected Departments as may be deemed necessary, and their services be placed at the disposal and control of the Mohkuma Parishad as prescribed.Such officers shall be under supervision, control and guidance of the Mohkuma Parishad during their service under the Mohkuma Parishad and their annual confidential reports will be initiated by the Chief Executive Councillor:Provided that save and except the
Every Mohkuma Parishad and every Gaon Panchayat shall, by the name notified under Ss. 3 and 4 respectively, be a body corporate having perpetual succession and a common seal and shall subject to any enactment in force, have power to acquire by purchase, or otherwise, to hold, administer and transfer property, both moveable and immovable and to enter into any contract, and shall by the said name, sue or be sued, and do all other things necessary for the purpose of this Act.
(1) For co-coordinating the activities of the connected Development Departments to the State Government at the Development Block and for giving necessary assistance to the Develop#31;ment Block staff in their organisation and implementation of the Com#31;munity Development and allied programme, the Mohkuma Parishad may form a Block Advisory Committee in every Development Block with the following members, namely :(a) The councillors of the Mohkuma Parishad representing the areas of the Gaon Panchayat falling within the jurisdiction of a Development Block, and(b) All Presidents of the Gaon Panchayat falling within the area of the Development Blocks.(2) (a) The State Government shall constitute a Planning and Review Board for each Mohkuma Parishad area consisting of the members of the Legislative Assembly, members of Parliament from the sub-division con#31;cerned and the Chairman an
(a) The Block Development Officer, subject to the control of the Chief Executive Councillor of the Mohkuma Parishad, shall execute the Schemes and programmes of the Mohkuma Parishad within a Development block area.(b) The officers of the different Development Departments posted in a Development Block shall carry out the direction of the Presidents of the Gaon Panchayats falling within the jurisdiction of the Development block, in respect of technical assistance and supervision of the works undertaken for execution by each of such Gaon Panchayat.
Subject to the rules as may be made in this behalf, a Gaon Panchayat may, within the limits of funds and resources at its disposal provide for the requirements of the area under its jurisdiction in respect of the matters specified below :1. In the sphere of sanitation and health(1) Cleaning and lighting of streets.(2) Sanitation and conservancy of the Gaon Panchayat area and the prevention of public nuisance therein.(3) The opening and regulating of burial and cremation grounds for the dead bodies of human beings and regulating places for disposal of dead animals and other offensive matters.(4) Supply of water for drinking and domestic use.(5) Cleaning of public roads, drains, bunds, tanks, wells and other public places or works,(6) The lay out and maintenance of play grounds for village children and of public gardens.(7
Subject to such rules as may be prescribed in this behalf, a Mohkuma Parishad may, within the limits of funds or resources at its disposal, provide for all the develop#31;ment works within its jurisdiction and in particular it may provide for the requirements of the area under its jurisdiction in respect of the matters specified below ; provided that nothing in this clause shall be deemed to preclude the rights, responsibilities and jurisdiction of the State Govern#31;ment in respect of matters hereinafter enumerated to the extent these are not transferred under rules prescribed under this clause.I. In the sphere of sanitation, medical and public health(1) Public health and rural sanitation including taking curative and preventive measures in respect of an epidemic.(2) Medical relief including establishment and maintenance of dis#31;pensaries or primary health centres o
(a) The State Government may transfer as and when and under such conditions as it considers necessary and expedient to do so any of its institutions, works or development scheme of different development departments in relation to the subject enumerated in S. 36 together with the fund officers and staff pro#31;vided thereof to the Mohkuma Parishad. On such transfer, the institutions, works or development schemes shall vest in the Mohkuma Parishad and all rights and liabilities which are enforceable by or against the State Govern#31;ment, in relation to such institutions, works or scheme under any contract or agreement or otherwise shall be enforceable by or against the Mohkuma Parishad.(b) From and after transfer of any institution, work or scheme under CI. (a) of this sub-section, the Mohkuma Parishad shall be charged with the control and administration of the same and the maintenance thereof.<
The Mohkuma Parishad shall have the following powers in particular, namely :(a) to enter into and inspect any immovable or moveable property in the occupation or control of, or any work in progress under the Development Block or Gaon Panchayat ;(b) to call for and inspect any document which may for the purpose of this Act be in the possession of a Development Block and Gaon Panchayat office;(c) to supervise, control and guide any matter of a Development Block and of a Gaon Panchayat ;(d) to hear and give its decision on any appeal filed by any person aggrieved by any act of a Development Block or of a Gaon Panchayat, and such decision shall be final.
(1) If, in the opinion of the State Government, the regular income of a Mohkuma Parishad and Gaon Panchayat falls below what is necessary for the proper discharge of the duties as specified in S. 35 and S. 36 respectively the State Government may require to levy any tax or fee specified respectively in Ss. 68 and 69 by an order to Mohkuma Parishad or Gaon Panchayat concerned to take steps within six months from the date of such order to increase income to such extent as the State Government consider neces#31;sary :Provided that the State Government shall not require such Mohkuma Parishad or Gaon Panchayat to levy tax or fee or increase the rate thereof beyond the maximum rate prescribed in this behalf.(2) If the Mohkuma Parishad or Gaon Panchayat fails to levy a tax or fee or to enhance the rate of any tax or fees as required under sub-S. (1) the State Government may, by notifica
(1) If the Mohkuma Parishad is of the opinion that it is necessary to do so for the promotion of public health or the safety of life and property, the Moh#31;kuma Parishad may direct the owner or occupier of any building or place by a written notice and within a reasonable period to be specified therein :(i) to remove huts or privies wholly or partly ; (ii) to remove, alter or construct private drains ;(iii) to remove and clean any rubbish or filth deposit or to clean or fill up any ditch, pond, well or to drain out any stagnant water which appears to be injurious to health or offensive to the neighbourhood, or to take such action therewith as may be deemed necessary ;(iv) to clear any land, which by reason of thick vegetation under growth or jungle appears to Ire dangerous to health ;(v) to remove any obstruction caused on the public roads or places and to ab
(1) Subject to such terms and conditions as may be agreed upon a Mohkuma Parishad may take over the management of any institution on the execution or maintenance of any work or the performance of any duty within its jurisdiction from any local authority or private organisation.(2) Subject to such terms and conditions as may be agreed upon, a Mohkuma Parishad may make over the management of any institution or the execution or maintenance of any work or the performance of any duty within its jurisdiction to any local authority or a private organisation.
A Mohkuma Parishad or Gaon Panchayat shall have control of all roads, embankments, waterways, drains, tanks, bridges and culverts belonging to them and notbeing private property or under the control of the State Government or of any other Local Authority and may do all things necessary for the main#31;tenance and repair thereof and may—(i) lay out and make new roads ; (ii) construct new bridges, culverts and embankments ;(iii) divert, discontinue or close any road, bridge or culvert or embankment under its control ;(iv) widen, open, enlarge or otherwise improve any such road, bridge, culvert or embankment ;(v) construct, deepen or otherwise improve waterways, drains and tanks under its control ;(vi) cut any hedge or branch of any tree projecting on the public roads ;(vii) notify the setting a part of any public water course for dr
The Gaon Panchayat or Mohkuma Parishad shall be deemed to be a local authority under the terms of S. 2 (2) of the Assam Water-Hyacinth Act, 1926 (Assam Act III of 1926).
In an emergency, a Mohkuma Parishad or a Gaon Panchayat shall exercise such powers for controlling and preventing an outbreak of any epidemic or infectious disease within the limits of its area, which may be necessary for stopping the movement of infected persons or foodstuffs in and out of its area, or for inoculation of infected persons or for seizure of polluted food stuff notwithstanding the provisions of the Prevention of Food Adulteration Act, 1954, for disinfecting wells, tanks or other sources of drinking water and controlling use of water and doing such other acts as may be consi#31;dered necessary under the circumstances and also to inform the Government authorities and the neighbouring Gaon Panchayats immediately so that united action may be taken.
A Gaon Panchayat shall by itself or conjointly with each other neighbouring Gaon Panchayats take steps to scare away monkeys, squirrels, elephants, birds, locusts and other pests in order to save crops from being damaged,
A Mohkuma Parishad or Gaon Panchayat may. in accordance with rules made in this behalf, enter into a contract in respect of its area with the State Government to collect all or any class of tax or revenue or fee or dues payable to the Government on being allowed a prescribed percentage of collection charges.
Any councillor, member, officer or employee of a Mohkuma Parishad or Gaon Panchayat may enter into, or upon any house, building or land, with or without assistants or workmen, in order to make any inspection or execute any work under any provision of this Act :Provided that—(a) no such entry shall be made between sunset and sunrise ;(b) no entry to a dwelling house may be made, unless with the consent of the occupier thereof, and without giving the said occupier at least 24 hours’ previous notice signed by the Chief Executive Councillor/President of the intention to make such entry :(c) due regard shall always be had to the social and religious usage of the occupants of the premises entered.
Every councillor or employee of a Mohkuma Parishad or member or employee of a Gaon Panchayat shall be deemed to be a public servant within the meaning of S. 21 of the Indian Penal Code, 1860 (Act XLV of 1860).
A Gaon Panchayat may organise and maintain a Village Volunteer Force consisting of adult persons to assist it in furtherance of the objects of this Act as prescribed.
(1) A Mohkuma Parishad or a Gaon Panchayat may frame bye-laws from time to time consistent with their respective powers and functions as provided in this Act or rules framed thereunder for carrying out the purposes of this Act.(2) Such bye-laws may also make provisions of penalty for every breach thereof.(3) Bye-laws prepared by the Mohkuma Parishad shall take effect only after they have been approved by the Mohkuma Parishad.(4) Bye laws prepared by the Gaon Panchayat shall take effect only after they have been approved by the Mohkuma Parishad.
(1) The Mohkuma Parishad with a view o preventing the spread of any infectious or contagious disease may orderthat for a specified time any market or shop within the jurisdiction of the Mohkuma Parishad shall be closed and forbid any person to attend any such market or shop within the jurisdiction of the Mohkuma Parishad be closed and forbid any person to attend any such market or shop(2) Such order shall be publicly notified in such manner and at such places as the Mohkuma Parishad shall direct, and notice thereof shall be served on the owner, occupier or farmer of the market or shop.(3) After complying with the notice, the owner, occupier or farmer of the market or shop or any person interested may appeal to the State Government if he considers the notice to be unreasonable and the order of the State Government shall be final.(4) When an order has been notified under
(1) If a Gaon Panchayat is of opinion that the cleansing or disinfecting of a building or any part thereof, or of any article therein, or within the premises of the building which is likely to retain infection will tend to prevent or check the spread of any disease, it may by notice, require the owner or occupier to cleanse or disinfect the same in the manner and within the time prescribed in each notice.(2) (a) If within the time specified as aforesaid from the receipt of the notice, the person on whom the notice is served fails to have the building or part thereof or the article disinfected ; or(b) If the occupier or owner gives his consent ;the Gaon Panchayat may at the cost of such owner or occupier cause the building or part thereof and article to be cleansed and disinfected :Provided that the Gaon Panchayat may in its discretion pay the whole or any part
Any person who being a medical practitioner or a person openly and constantly practising the medical profession, and in the course of such practice becoming cognisant of the existence of any infectious or contagious disease in any dwelling other than a Public hospital, fails to give information forthwith to such officers as the Mohkuma Parishad or the Gaon Panchayat may direct, or gives false information respecting the existence of such diseases, shall be punishable with fine which may extend to fifty rupees.
In any Gaon Panchayat area, when any person suffering from any infectious or contagious disease is found to be—(a) without proper lodging accommodation ;(b) living in a serai or other public hotel ;(c) living in a room or house which neither he nor any one of whom he is a dependent, either owns or pays rent for, the Gaon Panchayat, or any person authorised by it;may on the advice of any medical officer of rank not below the rank of an Assistant Surgeon Grade I, remove the patient to any hospital or place at which persons suffering from such diseases are received for medical treatment, and may do anything necessary for such removal.
Subject to rules, a Mohkuma Parishad may provide the appointment, pay and management for public vaccination within its area and may provide for the promotion of free vaccination.
(1) A Gaon Panchayat may take such action as may be necessary for proper and sufficient supply of water to any area within its jurisdiction and for this purpose may construct, repair and maintain water works, wells or tanks and do any other necessary acts.(2) All rivers, streams, channels, water course, tanks, springs and wells situated within the Gaon Panchayat, not being the property of any private person or under the control or administration of any other local authority, or any servant of the Government as such, shall, for the purposes of this Act, be under the control and administration of the Gaon Panchayat.(3) The Gaon Panchayat may, by an order published at such places and in such manner as it may think fit, set apart convenient tank, spring, well or part of any river, stream, channel or water course, situated within its area for the supply of water for drinking or for any other pu
Any person who encroaches upon any road or upon any public drain, sewer, aqueduct, water course, or ghat belonging to Mohkuma Parishad or Gaon Panchayat by making any excavation or by erecting any wall, fence, rail post, projec#31;tion or other obstruction, or by depositing any movable property, shall for every such offence be liable to a fine not exceeding fifty rupees, and in the case of a continuing offence to a further fine of twenty rupees for every day during which the offence is continued.
The State Government shall establish and maintain a fund to be called the Assam Rural Development Fund and there shall be placed to the credit thereof—(i) such contributions from the Union or the State Exchequer as may be made to this Fund ;(ii) a share of land revenue which shall be a sum not less than ten paise per capita of the population of the districts where Moh#31;kuma Parishad has been established under this Act and which sum shall make an “Equalisation Fund” for the purpose of giving aids to the financially ‘Weak Mohkuma Parishad and Gaon Panchayat in the manner prescribed ;(iii) contribution from other sources.
The Assam Rural Dev#31;elopment Fund shall be applied to the furtherance of the purposes of this Act and be distributed in the prescribed manner.
(1) In every sub-division, there may be a fund called the Sub-divisional Rural Develop#31;ment Fund, the accounts of which shall be kept in accordance with the rules and in the prescribed manner.(2) The following shall be credited to the fund :(i) contribution from the Assam Rural Development Fund ; (ii) contribution from any local authority or private individual ;(iii) all other sums including revenue which may be assigned to it by the State Government.
(1) The Deputy Commissioner or the Sub-divisional Officer, as the case may be, shall, in consultation with the Mahkuma Parishad, distribute each year the Sub-divisional Rural Development Fund in the following manner :(i) necessary expenditure to the Mohkuma Parishad for its equip#31;ment, establishment, salaries and allowances of the employees under the Sub-divisional cadre of Panchayat employees includ#31;ing the Gaon Panchayat employees ; and(ii) equitable allotment of sums to the Mohkuma Parishad and to each of the Gaon Panchayat falling within the jurisdiction of the Mohkuma Parishad for the purposes of carrying out the provisions of this Act.(2) Notwithstanding anything contained in this Act, the State Govern#31;ment may by order earmark an amount not exceeding one-fourth of the fund allotted to Mohkuma Parishad or to a Gaon Panchayat for carrying out any specific purpose of
(1) (i) In every Mohkuma Parishad constituted under this Act there shall be a fund vested in the Mohkuma Parishad which shall be called the Mohkuma Parishad Fund and shall be utilised by Mohkuma Parishad to meet all charges of its powers exercised and duties performed under the provisions of this Act. The accounts of the Mohkuma Parishad or Funds shall be kept in the prescribed manner.(ii) The Mohkuma Parishad Fund shall be administered by the Chief Executive Councillor of the Mohkuma Parishad with the assistance of the Secretary, Mohkuma Parishad who shall operate the account of the Fund with the Bank ; and subject to control of the Executive Committee of the Mohkuma Parishad and shall be held in a current or saving account with the local branch of the State Bank of India or the Assam Co-operative Apex Bank or any nationalised Bank. The accounts of the Mohkuma Parishad Fund shall be maintained by t
(1) The following shall be credited to the Gaon Panchayat Fund—(i) proceeds of any tax, cess or any assessment or fines imposed under this Act or under rules or bye-laws framed under this Act;(ii) fees levied for institution of civil suits and criminal cases before the Panchayati Adalat constituted under S. 84 ;(iii) fees for the issue of the permits imposed under this Act or under rules or bye-laws framed under this Act ;(iv) fines levied by the Panchayati Adalat in criminal case so far as such fines are not ordered to be paid to the complainant ;(v) all other sums ordered by any authority or any court to be placed to the credit of the Gaon Panchayat Fund ;(vi) contribution from Government including a share of land revenue which shall be a sum not less than forty-five paise per capita of the population and local rate collected from the area of the G
(1) The following shall be credited to the Mohkuma Parishad Fund—(i) all sums accruing to or from the proceeds of any tax, cess or any assessment assigned to the Mohkuma Parishad and fines realised under this Act or rules or bye-laws framed under this Act ;(ii) such allotment as the Deputy Commissioner or Sub-divisional Officer may make out of the Sub-divisional Rural Development Fund;(iii) all other sums collected or assigned to the Mohkuma Parishad under the provisions of this Act as well as grants from the Union or the State Government, including a share of land revenue which shall be a sum not less than forty-five paise per capita of the population, public contribution and contributions by local authorities j(iv) all sums received by way of loans or gift or otherwise and all sale proceeds of the institutions of the Mohkuma Parishad and of such other institution tran
It shall be lawful for a Mohkuma Parishad and a Gaon Panchayat with the approval of the State Govern#31;ment and subject to the provisions of any law relating to the raising of loans by local authorities for the time being in force, to raise loans for the purpose of carrying out any of the provisions of this Act, and to guarantee the payment of interest on such loans and to form a sinking fund.
The Gaon Panchayat or Mohkuma Parishad Fund shall be applicable to the following objects in order of the priority as shown below, namely :(a) To the payment of interest upon loans raised under S. 65 and to the formation of a sinking fund when required.(b) To the payment of the salaries and allowances of the staff and to officers placed at the disposal of the Mohkuma Parishad and establishment employed by the Gaon Panchayat or Mohkuma Parishad or in its behalf for the purposes of the Act.(c) To the payment of expenses incurred by the Gaon Panchayat or Mohkuma Parishad in the performance of the duties imposed or in the exercise of the powers conferred under this Act.(d) To the payment of expenses incurred by the Gaon Panchayat or Mohkuma Parishad subject to rules as prescribed in the acquisi#31;tion by purchase or otherwise of lands and construction and maintenance of bui
(1) A Gaon Panchayat shall, at such time and in such form as may be prescribed, prepare and submit a budget, showing the probable estimates of receipt and expenditure it proposes to incur and may from time to time furnish a supplementary estimate providing any modification which it may deem advisable to make in the distribution of the amount so raised and expended in each financial year, to the Mohkuma Parishad for approval.(2) The Budget of the Gaon Panchayat after it is approved by the Mohkuma Parishad shall be binding on the Gaon Panchayat :Provided that the Mohkuma Parishad may issue necessary instructions to the Gaon Panchayat for modification of their budget where the Mohkuma Parishad deems necessary and such instructions shall be binding on the Gaon Panchayat ;Provided further that the Budget shall normally be approved within a month of receipt of the s
(1) Subject to the rules and bye-laws framed in this respect and subject to the approval of the Mohkuma Parishad, a Gaon Panchayat may impose the following taxes, cess, fees or rates in addition to the existing local rates collected from the area of the Gaon Panchayat :(a) A tax on—(i) private hat or market places ;(ii) supply of water, sale of firewood, thatch or bamboo, con#31;servancy, lighting, and slaughter houses ;(iii) shops, pharmacies, tailoring, laundry, hair-cutting saloon, carpentary works, and automobile workshop ;(iv) cultivable land living fallow for two consecutive years without any valid reason at a rate not exceeding fifty paise per standard acre for every year, being payable jointly or severally by those who are in possession of such land.(b) A fee on—(1) registration of cattle sold within the Gaon Panchayat area ;
(1) Subject to the rules and bye-laws framed in this respect and subject to the approval of the State Government, a Mohkuma Parishad may impose the following taxes, fees and rates in the area of the Mohkuma Parishad :(a) a Panchayat tax on every household ;(b) a tax on profession, trades, callings, manufacture and produc#31;tion, and employment ‘save and except those levied under any provisions of this Act, or under any enactment for the time being in force ;(c) a licence fee for cinema halls, brick or tile kilns, saw mills, timber depots, petrol and diesel sale-depots, oil mills, rice mills and hullers (d) an extra charge on local rate collected from within the area of the Mohkuma Parishad in the manner prescribed.(2) The taxes, fees or rates shall be imposed, assessed and realised at such rate and in such manner as may be prescribed.(3) Any person
(1) All hats within the jurisdiction of a Mohkuma Parishad shall be settled in the manner for a period of one year by inviting tenders at the office of the Mohkuma Parishad by the Chief Executive Councillor of the Mohkuma Parishad who shall place and tender before the Executive Committee of the Mohkuma Parishad for examination and selection of tenders as may be deemed suitable ; Provided that in case of failure to settle any hat for want of adequate price, even after inviting tenders for second time, the Gaon Panchayat concerned, as may be decided by the Mohkuma Parishad, may be entrusted with the direct management of the hat.(2) After selection of the suitable tender by the Executive Committee of the Mohkuma Parishad for settlement of a hat the lease in the pres#31;cribed form shall be issued by the Chief Executive Councillor of the Mohkuma Parishad to the tendered so selected.(3) All sal
Assam Panchayati Raj Act, 1972
Section 71. Settlement of public ferry and distribution of sale proceeds thereof.(1) All public ferries other than Government ferries within the jurisdiction of a Mohkuma Parishad shall be settled by inviting tenders by the Chief Executive Councillor of the Mohkuma Parishad in the manner prescribed ;Provided that the State Government may issue order to a Mohkuma Parishad for the settlement of a public ferry falling within the jurisdiction of more than one Mohkuma Parishad ;Provided further that in case of failure to settle any public ferry for want of adequate bid, Mohkuma Parishad may entrust the Gaon Panchayat concerned with the direct management of the public ferry ;Provided also t
(1) Notwithstanding anything in any law for the time being in force the State Government shall transfer such Government fisheries which has fetched an income of Rupees five thousand or less in any year, to the Gaon Panchayat within the jurisdiction of which the fishery is situated :Provided that a transfer under this sub-section shall be given effect to from the next following year of such income.(2) The State Government may transfer such other Government fisheries as it may decide, with power of their control and administration to the Mohkuma Parishad within the jurisdiction of which such fisheries are situated.
(1) Save as otherwise provided in this Act or rules made thereunder all fisheries of the Mohkuma Parishad and of the Gaon Panchayats falling within the jurisdiction of Mohkuma Parishad shall be settled by inviting tenders by the Chief Executive Councillor of the Mohkuma Parishad in the manner prescribed :Provided that in case of failure to settle any such fishery for want of adequate bid even after inviting tender for the second time, the Mohkuma Parishad may entrust the direct management of such fishery to the Gaon Panchayat in the jurisdiction of which the fishery is situated.(2) Subject to confirmation of the settlement made under sub S. (1) by the Executive Committee of the Mohkuma Parishad the lease in the pres#31;cribed form shall be issued by the Chief Executive Councillor of the Mohkuma Parishad to the person in whose favour settlement is confirmed.(3) The Mohkuma Parisha
All hats the sale proceeds of which do not exceed rupees five thousand shall be maintained and regu#31;lated by the Gaon Panchayat concerned in whose jurisdiction the hat is situated and all hats the sale proceeds of which exceeds rupees five thousand shall be maintained and regulated by the Mohkuma Parishad in whose jurisdiction the hat is situated.
Nothing contained in this Act and the Assam Municipal Act, 1956 (Assam Act XV of i957) shall be deemed to authorise two or more local authorities to levy between them more than one tax for the same period in respect of any carriage or cart, and in the event of any dispute arising in respect of which of the several local auth#31;orities such tax is to be apportioned, the question shall be referred to the State Government whose decision shall be final.
(1) Notwithstanding anything contained in the Assam Municipal Act, 1959, the sale proceeds of any hat situated in the area which excluded after commencement of this Act from the territorial jurisdiction of a Gaon Panchayat and included in the territorial jurisdiction of a Town Committee or Municipality, shall be equally apportioned by the State Government between the Mohkuma Parishad and the Town Committee or Municipality concerned 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 juris#31;diction of a Gaon Panchayat and included in the territorial jurisdiction of a Town Committee or Municipality, the liability of repayment of such loan with interest shall be transferred to such Town Committee or Muni#31;cipality concerned under order of t
(1) The Gaon Panchayat may issue an order that within its jurisdiction no land other than the lands used as that established by or vested in the Moh#31;kuma Parishad or Gaon Panchayat, shall be used as hat without obtaining a licence from the Gaon Panchayat.(2) After issuing an order under sub-S (1) the Gaon Panchayat may grant a licence for the use of such land as hat by imposing a tax thereon at a rate prescribed in the rules made under this Act.(3) A tax so imposed under sub-S. (2) shall continue to be in force until the Gaon Panchayat in its meeting held not less than one month before the end of the financial year, revise the amount of tax for the ensuing financial year.(4) Upon imposition of such tax by the Gaon Panchayat the owner or occupier of such land used as that shall pay the Gaon Panchayat such amount of tax as may be specified in the order within one month.
The accounts of the Gaon Panchayats and Mohkuma Parishads shall be audited once a year as prescribed.
No objection shall be taken to assessment nor shall the liability of any person so assessed be questioned otherwise than in accordance with the provisions of this Act or the rules made thereunder.
The expenses of the Panchayati Adalat shall be charged from the Gaon Panchayat Fund.
The State Government may allocate to the Gaon Panchayat or Mohkuma Parishad any public property situated within its jurisdiction whereupon such property shall vest in or belong to and come under control of such bodies.
(1) The Chief Executive Councillor or Secretary of Mohkuma Parishad may at any time call for the papers of any Gaon Panchayat containing assessment or rates imposed within its area and may make inspection thereof or make suggestions for alteration, addition or modification of the assessment or rates imposed. When such papers containing the assessment or rate imposed are returned with sugges#31;tions, the Gaon Panchayat concerned in a meeting shall reconsider the matter and adopt a resolution on the point and send a copy of the resolu#31;tion to the Chief Executive Councillor of Mohkuma Parishad.(2) The Chief Executive Councillor and Secretary of the Mohkuma Parishad and the Block Development Officer of the Development Block may be vested with the power of the Deputy Commissioner under S. 69 of the Assam Land and Revenue Regulations, 1886 (as amended) for recovery of the arrear dues to the Mohkuma Pa
Subject to the provisions of any other laws in force, the State Government may, by notification in the official Gazette, establish a Panchayati Adalat for each Gaon Panchayat area as notified under S. 4 and invest it with or withdraw from it all or any of the judicial powers under this Chapter as may be necessary.
(1) When a Pan#31;chayati Adalat is established under S. 83 the members of Gaon Panchayat shall appoint in a meeting as prescribed, five persons to act as members of the Panchayati Adalat :Provided that such members shall not be members of the Gaon Pan#31;chayat, councillor of the Mohkuma Parishad or members of the Assam Legislative Assembly or Parliament.(2) No person shall be appointed as a member of the Panchayati Adalat if he—(i) is not above 35 years of age and is not below 65 years ; (ii) is not a permanent resident of the Gaon Panchayat area ;(iii) is not capable of reading and writing the language of the region ;(iv) is a legal practitioner or lawyer’s clerk or writer or extra writer of Sub-Registrar or Sub-Deputy Collector’s office ;(v) incurs one or more of the disqualifications mentioned in S. 12 .(vi) is a le
(1) The District Judge in whose jurisdiction the area of the Panchayati Adalat falls shall select one of the members of the Panchayati Adalat who is able to record pro#31;ceedings, as Chairman of the Adalat.(2) Every member of an Adalat shall take an oath of office in the prescribed manner.
(1) A member of a Panchayati Adalat may resign by submitting his resignation in writing to the Chairman, who may accept the resignation. The Chair#31;man may resign by submitting his resignation to the District Judge who may accept such resignation.(2) (i) If in the opinion of the District Judge a member of a Pan#31;chayati Adalat has been guilty of misconduct in the discharge of his duties or to any disgraceful conduct or neglects or refuses to perform, or has become incapable of performing any of the duties as a member of the Panchayati Adalat, the District Judge may remove such member after giving him an opportunity of being heard and after such enquiry as is deemed necessary.(ii) If any enquiry is held under Cl. (i) the District Judge may suspend such member from being the Panchayati Adalat for such period as he thinks fit.(iii) On removal of a member from Panchayati Adalat u
If any member of a Panchayati Adalat fails to complete his term of office either by death, removal or resignation, the vacancy be filled up appointing another person in the manner prescribed and thereupon the member so appointed shall fill such vacancy for the term for which such member would other#31;wise have continued in office.
No member or Chairman of a Panchayati Adalat shall take part in any case, suit or proceeding to which he or his near relation, dependant, employer, employee or partner in business is a party or in which any of them may be personally interested.Explanation. “Near relation” means any person related within the second degree to a person or his spouse.
(1) Subject to the provisions of S. 83 and notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898) a Panchayati Adalat shall have jurisdiction similar to that of Criminal Court within the local limits of whose jurisdiction it is situated for trial of all offences (including abetment thereof or attempt to commit any such offence) specified in S. 92 of the Act and may try any such offence, if the case is transferred to it by a District Magistrate, Sub-divisional Magistrate, or any other Magistrate empowered to receive petitions under S. 190 of the Code of Criminal Procedure, 1898.(2) A Panchayati Adalat may be conferred with any of the powers specified in Parts I and II of Schedule III of the Code of Criminal Pro#31;cedure, 1S98 (Act V of 1898) except Cls. (1), (2), (7), (8), (9), (10), (11), (12) and (14) of Part I and Cl. (2) of Part II.
A District Magistrate (Judicial) or Sub-divisional Magistrate (Judicial) for reasons to be recorded may transfer any case from Panchayati Adalat to any other competent Court subordinate to him.
Subject to such rules as may be prescribed under any law in force any Magistrate before whom a complaint is made relating to any offence cognizable by a Panchayati Adalat may transfer the complaint petition to the Panchayati Adalat in whose jurisdiction the offence is alleged to have been committed.
A Panchayati Adalat shall take cognizance and try all or any of the following offences (including abetment thereof or attempt to commit any such offence) committed within its jurisdiction subject to the provisions of S. 83 :(a) Under the Indian Penal Code, 1860 :SectionNegligently doing any act known to be likely to spreadthe infection of any disease dangerous to life 269Fouling the water of public spring or reservoir 277Causing danger, obstruction or injury to any person inany public way 283Voluntarily causing hurt 323Assault or use of criminal force otherwise than on grave 352, 355and sudden provocation, etc. 358Theft, where the value of the property stolen does notexceed rupees fifty
A case before a Panchayati Adalat may be instituted by complaint made orally or in writing to the Chairman or in his absence to any member of a Panchayati Adalat authorised by him on payment of a prescribed fee. If the complaint is made orally, Chair#31;man or the member shall record the same, the name and address of the complainant and of the accused person or persons and shall direct the complainant to appear before it on a day fixed.
If no considera#31;tion of the complaint or on examination of the complaint, a Panchayati Adalat is of opinion that the allegation is frivolous or vexatious or false, it shall dismiss the case by an order in writing.
If it appears to a Panchayati Adalat that—(i) it has no jurisdiction to try the case ; or(ii) the offence is one for which it cannot award adequate punish#31;ment ; or(iii) the case is of such a nature or complexity that it should be tried by a Magistrate’s Court ;it shall direct the complainant to go to the proper Court ;
If a complainant without show#31;ing sufficient cause fails to appear before a Panchayati Adalat on the day fixed or if in its opinion he shows negligence in prosecution of his case, it may dismiss the case for default and discharge the accused person by an order in writing.
(1) If the complaint be not dismissed, a Panchayati Adalat shall, by summoning or otherwise, require an accused to appear and answer the petition.(2) If the accused fails to appear or cannot be found, a Panchayati Adalat shall request the nearest Magistrate who may issue a warrant for the arrest of the accused and when arrested may forward him for trial to it or release him on bail to appear before it.(3) A Panchayati Adalat shall release an accused brought before it under sub-S (2) on his executing a bond for a sum not exceeding one hundred rupees to appear before it whenever called for the pending case.(4) A Panchayati Adalat may not compel a woman to appear in person against her will as witness, but she may be examined on commis#31;sion in the manner prescribed.
No Pan#31;chayati Adalat shall take cognizance of any offence in which the accused—(a) has been previously convicted of an offence with imprisonment, simple or rigorous, or fined under Chapter XVII of the Indian Penal Code, 1860 (Act XLV of 1860) ;(b) has been bound over to be of good behaviour under S. 109 or 110 of the Code of Criminal Procedure, 1898 (Act V of 1898).
(1) The Adalat after hearing both parties and their witnesses, if any, shall give its finding in writing stating reasons thereof.(2) The Adalat is required to follow the spirit of the provisions of the Criminal Procedure Code, or the Indian Evidence Act but the deposition of the parties or of their witnesses, if any, shall be recorded and kept as prescribed.(3) If the Chairman of the Adalat is not sitting, the presiding member shall be chosen by lot.(4) No decision in any case shall be arrived at by an Adalat if at least 3 of its members are not present at all sittings.(5) If the members of an Adalat are not unanimous, the majority decision shall stand. In the event of equal voting, the record shall be forwarded to the District Magistrate (Judicial) or Sub-divisional Magis#31;trate (Judicial), as the case may be, for decision.
(1) No sentence of imprison#31;ment, simple or rigorous, whether substantive or in default of payment of fine shall be inflicted by any Panchayati Adalat :Provided that when the Adalat considers that any sentence short of imprisonment will not meet the justice of the case, it may forward the case to the District Magistrate (Judicial) or Sub-divisional Magistrate (Judicial), as the case may be, for disposal according to law.(2) A conviction by an Adalat under this Act shall not be deemed to be a previous conviction for the purpose of the provisions of the Code of Criminal Procedure.
(1) In no case shall a Panchayati Adalat inflict sentence of fine exceeding rupees two hundred and fifty.(2) A Panchayati Adalat instead of sentencing to fine may discharge after due admonition a youthful offender who, in the opinion of the Adalat was on the date of the commission of the offence was not over sixteen years of age.
The Panchayati Adalat may award any compensation to the complainant out of the fine imposed on the accused.
If any Panchayati Adalat, after enquiry, is satisfied that a criminal case brought before it is false or frivolous or vexatious, such Adalat may order the complainant to pay to the accused such compensation not exceeding rupees twenty-five as it deems fit,
(1) The amount of fine imposed or compensation awarded by Panchyati Adalat under this Act shall be paid to the Adalat within fifteen days of the order imposing or awarding it.(2) If after the expiry of the said fifteen days, the amount remains un#31;paid, the Adalat shall proceed to recover it under the provisions of S. 386 of the Code of Criminal Procedure and may, if it finds any difficulty in its recovery, certify the fact to the District Magistrate (Judicial) or the Sub-divisional Magistrate (Judicial) within whose jurisdiction the Adalat lies, and such Magistrate shall recover it as if the sentence of fine or the award of compensation had been passed by him and remit the amount to the Adalat.
No Panchayati Adalat shall have any power to revise any sentence or order passed by itself, nor shall such order or sentence be subject to appeal or revision by any court, except that the Assistant Sessions Judge or where there is no Assistant Sessions Judge, the Sessions Judge having jurisdiction over the area concerned may on his own motion or on application of any party within thirty days from the date of the order, excluding the time taken in obtaining certified copy of the order, set aside or modify any conviction, order or sentence on the ground of want of jurisdiction, corruption, partiality or misconduct on the part of the Adalat or any member thereof or on the ground that there has been a miscarriage of justice.
Notwithstanding anything contained in the Bengal, Agra and Assam Civil Courts Act, 1887 (Act XII or 1887), the Pro#31;vincial Small Cause Courts Act, 1887 (Act IX of 18b7) and the Code of Civil Procedure, 1908 (Act V of 1908) and subject to the provisions of this Act, every suit instituted under this Act, shall be instituted before the Adalat.
The Panchayati Adalat shall have jurisdiction to try any suit; of the following description if its value does not exceed five hundred rupees :(a) a suit for money due on a contract other than a contract in res#31;pect of immovable property ;recovery of movable propertyor for the value(b) a suit for thereof ;(c) a suit for compensation for wrongfully taking or injuring a movable property ;(d) a suit for damages caused by cattle trespass ;(e) a suit for damages for malicious prosecution in the Adalat;(f) a suit for recovery of rent in cash or kind ;(g) any class of suits of such nature the value of which does not exceed two hundred and fifty rupees which the State Govern#31;ment may by notification in the official Gazette direct ; and(h) by a mortgagee of immovable property of like value of rupees five hundred or
No suit shall lie in a Panchayati Adalat —(1) on a balance of any partnership account, unless the balance has been struck by the parties or their agencies ;(2) for a share or part of a share under an intestacy or for a legacy or part of a legacy under a will ;(3) by or against the Government (Union or State) or public servant for acts done in his official capacity ;(4) by or against minors or persons of unsound mind ;(5) by a mortgagee of immovable property of the value of more than rupees five hundred for the enforcement of the mortgage by foreclosure or sale of the property or otherwise, or by a mortgagor of immovable property of like value for the redemp#31;tion of the mortgage.
(1) A suit or a proceeding before an Adalat may be instituted by petition in writing and the value of the claim be stated in the petition, and at the same time, the prescribed fee shall be paid.(2) The Court Fees Act, 1870 (Act VII of 1870) shall not apply to an Adalat.(3) Every suit instituted before a Panchayati Adalat shall include the whole of the claim which the plaintiff is entitled to make in respect of the matter in dispute, but he may relinquish any portion of his claim in order to bring the suit within the jurisdiction of the Panchayati Adalat.(4) If a plaintiff omits to sue in respect of or relinquishes any portion of his claim, he shall not afterwards sue in respect of the portions so omitted or relinquished.
(1) If at any time the Adalat is of opinion that the suit is barred by limitation as laid down in Schedule ‘A’ to this Act, the Adalat shall dismiss the suit or proceeding by an order in writing.(2) If at any time it appears to the Adalat that it has no jurisdiction to entertain that suit or proceeding, it shall direct the petitioner to the proper Court.(3) If the suit or the proceeding is entertained, the Court shall fix a date, and shall by summons or otherwise require the defendant to appear on that date to answer the suit or proceeding in writing,(4) The Adalat shall then proceed with the suit or proceeding and give hearing as prescribed.
The Adalat may dismiss any suit or proceeding for default—(1) if on the date fixed the plaintiff fails to appear without sufficient reasons or takes no steps :Provided that the Adalat may restore such suit or proceeding dismissed for default ;(2) if within fifteen days from the date of such dismissal, the plaintiff satisfies the Adalat that he was prevented by sufficient cause from appearing on payment of reasonable cost to the opposite party if he has appeared on that date.
(1) No Adalat shall try any suit or proceeding in respect of which any matter is pending for decision in, or has been decided by a competent court in a former suit for the same cause of action and for similar issues and between the same parties under whom they or any of them claim.(2) The decision of a Panchayati Adalat on the question of title, legal character, contract or obligation shall not bind the parties except in respect of the suit in which such matter is decided.
If the defendant fails to appear and the Adalat is satisfied that he received notice of the date fixed for hearing the Adalat may decide the suit ex parte.
If the defendant against whom a case has been decided ex parte applies to the Adalat within fifteen days of the date of such decision or from the date of his knowledge of such decision and if the Adalat is satisfied that the defendant did not get due notice of the hearing or was prevented from appearing by any sufficient cause, the Adalat may revise the suit or proceeding and fix a date for hearing of the suit on payment of reasonable costs to the opposite party.Explanation. Sufficient cause is a matter of fact and varies with the circumstances of each case.
No decision or order of an Adalat shall be modified or set aside under S. Ill or 114 without serving a notice to the opposite party.
Notwithstanding anything contained in this Act or in any other enactment for the time being in force, it shall be lawful for an Adalat to decide any civil dispute arising within its local area and not pending in any other court if the parties by a joint petition pray for trial of any suit or proceeding.
Notwithstanding anything contained in the Assam Land and Revenue Regulation, 1886 (Regulation I of 1886), any proceeding regarding mutation before a Revenue Court may be sent to the Panchayati Adalat within the local limits of which the land concerned is situated, for the Adalat to decide the question of possession. The finding of the Adalat shall be accepted by the Revenue Court:Provided that where the land included in the local area of more than one Adalat is concerned, the Revenue Court may send it to any of the Adalat concerned.
(1) A Panchayati Adalat shall receive such evidence as the parties or their lawful agents may produce and may call for such evidence in the interest of justice, equity and good conscience which the Adalat deems necessary.(2) The Adalat may make an investigation at the place to which the dispute relates.(3) The Adalat may add as parties to a suit or proceeding any per#31;sonnel residing within the limits of its jurisdiction and whose presence as parties it considers necessary for a proper decision thereof and shall enter the names of such persons as parties in the register of suit and that suit shall be tried as between the parties whose names are entered in the said register.(4) When any party is added under sub-S. (3) notice shall be given to him and the parties to the suit and he shall be given an opportunity of appearing and contesting the suit or the proceeding.(5)
(1) The decision of an Adalat in every suit or proceeding shall be final as between the parties to the suit and shall not be open to appeal or revision in any court :Provided that if there has been miscarriage of justice, want of juris#31;diction or apprehension of miscarriage of justice, the Assistant District Judge or where there is no Assistant District Judge, the District Judge having jurisdiction over the area concerned may, on application of any party at any time in a pending suit or proceeding and within thirty days from the date of judgment or on his own motion, call for records of the suit or proceeding from the Adalat for reasons to be recorded, and(i) cancel the jurisdiction of the Panchayati Adalat with respect to such suit or proceeding, or(ii) cancel or quash the decree or the order passed in such suit or proceeding by the Adalat, or(iii) modify
Any party to a suit or proceeding may appear before a Panchayati Adalat either in person or by such partner or relation authorised by him in writing as the Adalat may admit as a fit person to represent him but no legal practitioner or a pleader’s clerk shall appear, plead or act on behalf of any party in any suit or proceeding before the Panchayati Adalat.
If the plaintiff or defendant in any suit or proceeding dies before the suit or proceeding has been decided, the suit or proceeding may be proceeded with at the instance of or against the legal representatives of the deceased plaintiff or the defendant, as the case may be.
The Adalat may ask the President of the Gaon Panchayat to be present and assist the Adalat when any case, suit or proceeding by or against any person residing in such Gaon Panchayat is called upon for hearing :Provided that the President of a Gaon Panchayat shall not be called upon or asked to assist the Panchayati Adalat in any case, suit are proceed#31;ing to which one of the party is a relative, employer, employee or partner in business with the President of the Gaon Panchayat concerned.
(1) A decree or the order passed by an Adalat shall be executed in such a manner as may be prescribed.(2) (i) If the property of a defendant is situated outside the jurisdic#31;tion of the Adalat passing the order or decree and the Adalat is unable to effect satisfaction thereof, it may transfer the decree or order for execution in the prescribed manner to the Adalat within whose jurisdiction the property is situated } or(ii) If there is no such Panchayati Adalat or if the Panchayati Adalat passing the decree or the order finds difficulty in executing the same, it shall certify the decree or the order and forward the same to the Civil Court as would have had jurisdiction if this Act has not been passed, and the Court then shall execute the decree as if it were passed by it.
If, on the application of the decree-holder or the judgment debtor, the Adalat which passed the decree or the order finds after enquiry that the decree has been satisfied wholly or partly, the Adalat shall eater the fact in the prescribed register.
(1) The Panchayati Adalat may by summons or otherwise send for any person living within the Panchayat area to appear and give evidence or to produce or cause the production of any document :Provided that no person who is exempted from personal appearance in Court under S, 133 (1) of the Code Civil Procedure, 1908 (Act V of 1908) shall be required to appear in person before an Adalat.(2) The Adalat may refuse to summon a witness where in the opinion of the Adalat, the attendance of the witness cannot be produced without delay, expense or inconvenience which under the circumstances of the case, would be unreasonable.(3) If any person wilfully and without sufficient cause disobeys any summons, notice or order to appear or give evidence or to produce anydocument before it, the Adalat may take cognisance of such offence and may sentence any person convicted thereof to a fine
A Panchayati Adalat shall maintain such register and records, supply copies of records and submit such returns as may be prescribed.
No suit, case or proceeding shall lie in a Panchayati Adalat against any Gaon Panchayat or Mohkuma Parishad, its members or councillors or employees for act done or purporting to be done in discharge of their duties.
(1) A Panchayati Adalat shall levy fees for civil suit at such rate as may be prescribed.(2) A Panchayati Adalat may levy fees for the institution of criminal cases except for those which are cognisable under the Indian Penal Code, 1860 (Act XLV of 1860) at such rate as may be prescribed :Provided that the fees and the rates so levied under sub-Ss. (1) and (2) shall not exceed the fees prescribed in the Court-Fees Act, 1870 (Act VII of 1870) for the time being in force in the State.
(1) The State Government and such officers as are empower#31;ed by the State Government in this behalf shall have general power of inspection, supervision and control over the performance of the adminis#31;trative duties of a Gaon Panchayat or Mohkuma Parishad and without prejudice to the generality of the foregoing power, 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 Gaon Panchayat or Mohkuma Parishad ;(b) call for and inspect any document which may for the purpose of this Act be in the possession or control of a Gaon Panchayat, or Mohkuma Parishad ;(c) require by an order in writing a Gaon Panchayat, or Mohkuma Parishad to furnish such statement, accounts, reports, proceed#31;ings as they think fit;(d) give such advice in writing in respect of the administrative work, duties and
The State Government and all officers empowered by the Government in this behalf shall have general powers of inspection, supervision, advice and guidance over a Panchayati Adalat.
(1) The State Government may appoint an officer of the Government to be the Inspector of Local Works for one or more sub-divisions.(2) The Inspector of Local Works shall—(a) inspect and render advice with regard to public works under construction or repairs vested in or under the control and administration of any Mohkuma Parishad or Gaon Panchayat within his charge ; and(b) perform such duties and exercise such powers as may be assign#31;ed to him by rules.
(1) In particular and without prejudice to the powers referred to in Cl. (b) of sub-S, (2) the Inspector of Local Works may at all times enter upon or into and inspect any immovable property in the occupation of any work in progress under the orders of any Mohkuma Parishad or Gaon Panchayat within his charge, and every such Mohkuma Parishad or Gaon Panchayat shall furnish such statements, estimates and reports as he may require.(2) A report of every inspection made under this section shall be prepared and a copy thereof shall be forwarded to the Mohkuma Parishad or Gaon Panchayat concerned.(3) Every Mohkuma Parishad or Gaon Panchayat within the charge of an Inspector of Local Work shall, in all matters of technical detail be guided by his report.
The State Government may, by an order in writing at its own initiative or on receipt of any information, rescind in part or in whole any resolution, order, notice or decision of a Mohkuma Parishad or Gaon Panchayat and may also prohibit the doing of any act in pursuance of such resolution, order, notice or decision whenever in the opinion of the State Government such resolution, order, notice or decision or act is in excess or abuse of the powers conferred upon a Mohkuma Parishad or Gaon Panchayat, as the case may be, by this Act or by any rules and bye-law framed there#31;under, or in contravention of any Act, rules or order of the Government.
(1) If the State Government are of opinion that a Gaon Panchayat makes default in the performance of the duties imposed upon it by or under this Act or any other Act or abuses its powers, they may, after giving sufficient opport#31;unity to show cause to the contrary, by an order in writing specifying the reason for so doing, supersede the concerning Gaon Panchayat for such, time not exceeding six months or dissolve the Gaon Panchayat,(2) On the dissolution of a Gaon Panchayat under sub-S (1)—(a) all members of the Gaon Panchayat shall, from the date spe#31;cified in the order, vacate their office as such member,(b) all properties vested in the Gaon Panchayat or any balance of the fund of the Gaon Panchayat shall be vested in, and such of the liabilities as may have been incurred in the discharge of legitimate functions of the Gaon Panchayat or which have been incurred in course
(1) If in the opinion of the State Government the Mohkuma Parishad is not competent, to perform or persistently makes default in the performance of the duties imposed on the Mohkuma Parishad by or under this Act or otherwise by law, or exceeds or abuses its powers, or in the event of the failure on the part of the Mohkuma Parishad to provide such services as the State Government may by notification declare and are essential services, the State Government, after giving the Mohkuma Parishad sufficient opportunity to show cause to the contrary, may by notification stating the reason for so doing, declare such Mohkuma Parishad to be incompetent, or in default, or to have exceeded or abused its power, as the case may be, supersede the Mohkuma Parishad for a period not exceeding six months at a time or dissolve the Mohkuma Parishad and order for a fresh constitution in the manner prescribed under this Act.
If, for any reason there is a dead-lock in the functioning of a Gaon Panchayat or a Mohkuma Parishad, the Slate Government may dissolve the Gaon Panchayat or the Mohkuma Parishad, as the case may be, and may make any alternative arrangement, as may be deemed neces#31;sary for the working of the Gaon Panchayat or the Mohkuma Parishad concerned till it is reconstituted in the manner prescribed under this Act.
If the State Government are of opinion that a Panchayati Adalat exceeds or abuses its powers or is incompetent to perform or makes persistent default in the performance of the duties imposed upon it by or under this Act, they may by notification stating the reason for so doing, dissolve the Panchayati Adalat and on such dissolution—(i) all members of the Panchayati Adalat shall, from the date specified in the order, vacate their office as such members ; and(ii) all cases, proceedings and suits of the Panchayati Adalat shall be transferred by a District Magistrate or Sub-divisional Magistrate to any court having jurisdiction.
(1) (a) Any employee under the Gaon Panchayat or any person aggrieved by any order or act of a Gaon Panchayat may file an appeal within fifteen days from the date of receipt of such order or performance of such act, to the Chief Executive Councillor of the Mohkuma Parishad, within the jurisdiction of which Gaon Panchayat is falling and the decision of the Chief Executive Councillor of the Mohkuma Parishad in this regard shall be final.(b) Any employee under a Mohkuma Parishad or any person aggriev#31;ed by any order or act of a Mohkuma Parishad may file an appeal within thirty days of receipt of such order or performance of such act, to the State Government the decision of which in this regard shall be final.(2) Notwithstanding anything contained in the foregoing sub-S. (1), the State Government may, at any time, call for the records in any matter from a Gaon Panchayat or Mohkuma Parishad
(1) The Slate Government may delegate any of their powers under this Actor rules framed under this Act, except where expressly provided to the contrary, to any Government Officer-of Gazetted rank.(2) Except where expressly provided to the contrary, the State Govern#31;ment may delegate all or any of the powers of the Deputy Commissioner or Sub-divisional Officer under this Act or rules framed under this Act 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 by an order in writing and such order may be modified or withdrawn at one time.
Whoever contravenes any provision of this Act or the rules or bye-laws framed under it, he shall, on conviction, be liable unless otherwise prescribed to a fine which may extend to rupees five hundred and in case of a continuing breach, with a further fine which may extend to fifty rupees for every day during which the breach continues after conviction of the first breach.
(1) No action, civil or criminal, shall lie against a member or councillor of the Gaon Panchayat or Mohkuma Parishad res#31;pectively or agent or employee of a Gaon Panchayat or Mohkuma Parishad acting under its legitimate direction, in respect of anything done in good faith under this Act or any rule or bye-law made thereunder.(2) No suit shall be brought against a Gaon Panchayat or Mohkuma Parishad or a member or councillor of a Gaon Panchayat or Mohkuma Parishad respectively, agent or employee thereof in respect of any act pur#31;porting to be done in its or his official capacity until the expiry of sixty days after notice in writing has been served. The notice shall state the cause of action, the name and address of the plaintiff and the relief which he claims and the plaint shall contain a statement that such notice has been duly delivered.(3) No such action shall be entertained or in
(1) Whoever obstructs a Gaon Panchayat or Mohkuma Parishad or any member or councillor, employee or agent thereof, or prevents or attempts to prevent any such person from doing anything which he is empowered or required to do under the provision of this Act, rules or bye-laws made thereunder ; or(2) Whoever, without lawful authority removes or destroys, defaces or otherwise obliterates, any notice, materials of public street, or bridge, lamp-post, direction-post, stand-post or other such property exhibited or erected by the Gaon Panchayat or Mohkuma Parishad or under its authority ;shall be liable on conviction to a fine not exceeding fifty rupees.
(1) The Gaon Panchayat or Mohkuma Parishad may, either before or after the institution of any case, compound an offence against this Act or any rule or bye-law made thereunder on payment of such sum in cash to the fund of the Gaon Panchayat or Mohkuma Parishad concerned as may be agreed upon.(2) When an offence has been compounded the offender shall be dis#31;charged and no further proceedings shall be taken against him in respect of the offence so compounded.
Application of the Judicial Officers Protection Act, 1850, Act XVII of 1850 shall apply to the members of the Panchayati Adalat.
(1) The members of the Gaon Panchayat or councillors of the Mohkuma Parishad shall be jointly or severally liable for misuse of the fund or properties of such Gaon Panchayat or Mohkuma Parishad or for diversion of the same for purposes other than those authorised under this Act or ruled framed thereunder or laid down by the State Government or such local authors lies in accordance with the provisions of this Act or rules framed thereunder and the value of such properties or fund misused or diverted as aforesaid shall be recovered as surcharge from the persons as may be made liable according to findings of the Deputy Commissioner or Sub-divisional Officer, as the case may be, by instituting a surcharge pro#31;ceeding against such person or persons in the prescribed manner.(2) The President or Vice-President of the Gaon Panchayat, the Chairman of the Mohkuma Parishad, the Chief Executive Councillors o
No member of a Gaon Panchayat or Panchayati Adalat or councillor of a Mohkuma Parishad or other officers having any duty to perform in connection with any sale or contract work under this Act, shall directly or indirectly bid for, or acquire any interest in any property sold at such sale or accept a contract work.
If any member or councillor of a Gaon Panchayat or Mohkuma Parishad respectively or any employee or officer thereof having any duty to perform under this Act has directly or indirectly any share or interest in any work done by the order of such Gaon Panchayat or Mohkuma Parishad, of which he is a member or councillor or an employee or an officer having duty to perform regarding such work under this Act, or rules framed under this Act or in any contract with or under such Gaon Panchayat or Mohkuma Parishad, he shall be liable on conviction before a Criminal Court to a fine which may extend up to five hundred rupees ; provided that the penalty herein prescribed shall not be deemed to apply by reason only of person—(a) having a share in any joint stock company which shall contract with or be employed by, or on behalf of such Gaon Panchayat or Mohkuma Parishad ; or(b) having a share or interes
Compensation A Gaon Panchayat or Mohkuma Parishad may pay compensation out of its fund, to any person sustaining any damage by reason of the exercise of any powers conferred by this Act.
If a dispute arises between two or more local authorities the matter shall be referred to the State Government or to any such authority as the State Government may direct and the decision of the State Government or such authority shall be final and conclusive.
The Gaon Panchayat or Mohkuma Parishad may recover any tax leviable or demand payable under this Act or under any rule or bye-law made there#31;under, the recovery of which is not otherwise provided for as if the same were an arrear of land revenue recoverable under the Assam Land Revenue Regulation, 1886 (Regulation I of 1886).
No civil court shall take cog#31;nizance of any order passed or action taken by a competent authority under the provisions of this Act or rules made under this Act and also issue any stay order or injunction.
(1) When any local area is declared to be a Gaon Pan-chayat’s area under S 4 of this Act, any assessment made, tax, cess, rate or fee levied in such area by the erstwhile Gaon Panchayats concerned under the provisions of the Assam Panchayat Act, 1959 Assam Act XXIV of 19’9) shall continue to be in force until reassessed under this Act and all sums due on account of such tax, cess, rate or fee shall be collected under the provisions of the Act by the Gaon Panchayat within the jurisdiction of which the area of the erstwhile Gaon Panchayat is included under this Act and shall be credited to the Gaon Panchayat Fund :Provided that the receipt of such tax, cess, fee or rate which the Mohkuma Parishad is entitled to receive under the provisions of this Act shall be paid to the Mohkuma Parishad concerned.(2) When any area is declared to be Mohkuma Parishad area under S. 3 of this Act, any assessme
If in establishing a Gaon Panchayat or Mohkuma Parishad or Panchayati Adalat, or in the working of such Gaon Panchayat or Moh#31;kuma Parishad or Panchayati Adalat, any dispute or difficulty arises regarding the interpretation of any provision of this Act or any rule or any bye-law made thereunder, or any matter not provided in this Act, the same shall be referred to the State Government whose decision thereon shall be final.
Every person who is elected or appointed to be a member of a Gaon Panchayat or councillor of a Mohkuma Parishad shall, before taking his seat, make at a meeting of Gaon Panchayat or Mohkuma Parishad, as the case may be, an oath or affirmation of his allegiance to the Constitution of India in the following form, namely :“I, A.B. being a member/councillor of the...........Gaon/Mohkuma Parishad do swear in the name of God (or solemnly affirm) that I will bear true faith and allegiance to the Constitution of India as by law established and that I will faithfully discharge the duty upon which I am about to enter.”
Every police officer shall report the commission of any offence under this Act coming to his knowledge to the Gaon Pan#31;chayat or Mohkuma Parishad concerned and may assist all members of Gaon Panchayat or councillors of the Mohkuma Parishad or officer or employees thereof in the exercise of their lawful authority.
(1) The State Government may frame rules for carrying out the purpose and object of this Act and such rules may provide penalty not exceeding rupees two hundred for a breach thereof.(2) In particular and without prejudice to the generality of the fore#31;going power, the State Government may make rules with reference to all matters expressly or by implication required or allowed by this Act to be prescribed.(3) Any rules framed under this Act and sub-Ss. (J) and (2) above may be given retrospective effect.(4) Every rule made under this section shall be laid, as soon as may be after it is made, before the Assam Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the sessions in which it is so laid or the sessions immediately following the Assam Legislative
(1) Subject to the approval of the State Government every Gaon Panchayat or Mohkuma Parishad may, by subsidiary rules, con#31;sistent with this Act and with any rules made thereunder, provide for—(a) the time and place of its meetings, the business to be transact#31;ed at the meetings, and the manner in which notice of meetings shall be given ;(b) the duties and control of employees working under it ;(c) the custody of the common seal and the purposes for which it shall be used ;(d) the division of duties amongst its members or councillors ;(e) the powers to be exercised by the office bearers to whom parti#31;cular duties have been assigned ;(f) the persons by whom receipts shall be granted for money re#31;ceived under this Act.(2) Subject to the approval of the State Government every Mohkuma Parishad in addition to its power specified unde
On and from the date on which this Act comes into force the Assam Panchayat Act, 1959 (Assam Act XXIV of 1959) shall be deemed to be repealed. The Gaon Panchayats, Anchalik Panchayats and Mohkuma Parishads existing immediately before the com#31;mencement of this Act shall cease to exist :Provided that—(a) the said repeal shall not affect the validity of invalidity of anything already done under the said enactment;(b) all rules and bye-laws, notifications, orders, appointments made, permissions and sanctions granted, taxes, cess, fees or rates levied, contracts entered into, suits instituted and proceedings taken under the Assam Panchayat Act, 1959 (Assam Act XXIV of 1959) 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 respectively made, grante
Every Gaon Panchayat formed under this Act shall be deemed to be a local authority within the meaning of the Assam Local Authorities Grants (Charged) Act, 1959.
The enactment specified in the third column of the Schedule ‘B’ shall be amended to the extent specified in the fourth column thereof.
SCHEDULE A
[See Section 110]
SCHEDULE B
[See Section 160]
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