धारा 32 ·

(1) Every Anchalik Panchayat consist of : (a) One member from each Gaon Panchayat to be directly elected from the territorial constituencies of the Gaon Panchayats under the jurisdiction of the Anchalik Panchayat. (b) The Presidents Gaon Panchayats falling within the jurisdiction of the Anchalik Panchavat. (c) The Members of the House of People and the Members of the Legislative Assembly of the State representing constituencies which comprise wholly or partly, the Anchalik Panchayat. (2) Every member shall have the right to vote whether or not chosen by direct election in the meetings of the Anchalik Panchayat. Members. Election of 33. (1) One Gaon Panchayat area shali form a constituency for electing one member directly to the Anchalik Panchayat. (2) The allotment of seat under sub-section (1) for directly elected members shall be the same throughout the entire State. THE ASSAM GAZETTE EXTRAORDINARY, MAY 6, 1994 Reservation of Seats. 34. (1) Seats shall be reserved in a Anchalik Panchayat for the Scheduled Castes and Scheduled Tribes ; and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that Anchalik Panchayat as the population of the Scheduled Castes in that Anchalik Panchayat area or of the Scheduled Tribes in that An- chalik Panchayat area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a Anchalik Panchayat in such manner, as may be prescribed. (2) Not less than one-third of the total number of seats reserved under Clause (1) shall be reserved for women belonging to Scheduled Castes as the case may be the Scheduled Tribes. (3) Not less than one-third, ( including the number of seats reserved for women belonging to Scheduled Castes and Scheduled Tribes ) of the total number of seats to be filled by direct election in every Anchalik Panchayat, shall be reserved for women and such seats may be allotted by rotation to different territorial constituencies of a Anchalik Panchayat, in such manner as may be prescribed. Duration 35. Every Auchalik Panchayat, save as otherwise provided in of Anchalik this Act, shall continue for a term of five years from the Panchayat. date appointed for its first meeting. Process for completed- e Election 36. (1) The election to constitute an Anchalik Panchayat shall be Anchalik Panchayat. (a) before the expiry of its duration specified in Section 35 ; (b) in case of dissolution, before the expiration of a period of six months from the date of its dissolution : Provided that where the remainder of the period for which the dissolved Anchalik Panchayat would have continued, is less than six months, it shall not be necessary to hold any election under this clause for constituting the Anchalik Panchayat for such period. (2) An Anchalik Panchayat constituted upon the dissolution before the expiration of its duration, shall continue only for the remainder of the period for which the dissolved Anchalik Panchayat would have continued under Section (35) had it not been dissolved. Election of 37. (1) The directly elected members of the Anchalik Panchayat shall President elect from amongest the members two members as President and Vice-Pre- and Vice sident respectively of the Anchalik Panchayat in a meeting ( which President of shall be called the first meeting of the Anchalik Panchayat ) to be Anchalik Pa- convened by and presided over by the Deputy Commissioner of the nchayat. District in the manner prescribed. The Deputy Commissioner may delegate the powers of presiding over such meeting to any officer not below the rank of Class-I Gaze ted officer. (2) If there occurs casual vacancy in the office of the President or the Vice-President the members shall elect another member from e16 620 THE ASSAM GAZETTE. EXTRAORDINARY. MAY 6, 1994 amongst the members as hereinafter provided, as the Persident or the Vice President, as the case may be, in the manner prescribed : Provided that no election shall be hell if the vacancy is for a period of less than one month, Reservation 38. (1) There shall be reserved by the Government in the for the offi- prescribed manner, --- ces of the President and Vice-President of Ancha- (a) such number of offices of the President of Anchalk Pan- lik Pancha- chayats in the district for the person belonging to the Scheduled yat. Castes and Scheduled Tribes and the number of such offices bearing? as nearly as may be the same proportion to the total number of ofbces in the District as the population of the Scheduled Costes in the Districts or of the Scheduled Tribes in the District bears to the total population of the District; (b) not less than one-third of the total number of offices of od. President and Vice- President of the Archalik Panchayats in the district for each of the categories reserved for persons belonging to the Scheduled Castes, Scheduled Tri es and those which are non-reserved for women : ad Provided that the offices reserved under this sub-section shall be by rotation in different Anchalik Panchayats : 20 b Provided further that the principle of rotation for the purpose of reserva ion of offices under this sub-section shall commence from the first election to be held after the commencement of the Act. odt do Total 6-section- shall be xia asds eids 19b .bo 2) Save as otherwise provided in this Act, the Pr sident and Vice-President of the Anchalik Panchayat shall hold office for the -od moituloterms of office of the members of the Anchalik Panchayat. bluow jaysdoce Allowancesvloa. 39. (1) The allowances President and Vice-President and of President members cf Anchalik Panchayat shall be as may be prescribed. and Vice- - and-Jothepuis tapp Every member of the Archalik Panchayat other than the rimembers of 199in Anch'alik President and the Vice President shall be entitled to receive sitting Panchayat. allowances as may be prescribed. Powers, 40. "The President shall, functions and duties of the j Preiitlent offi lo spit (a) convene, preside over and conduct meetings of Anchalik Panchayat. Panchayat; 15-19 THE ASSAM GAZETTE, EXTRAORDINARY, MAY. 6, 1994 621 (b) discharge all duties imposed and exercise all the powers confered on him under this Act, and the rules made thereunder and perform such functions entrusted to him by the Government from time to time; (c) exercise supervision over the Executive Officer for securing implementation of the resolutions or decisions of the Anchalik Panchayat or of the Standing Committees which are not inconsistent with the provisions of this Act, or any general or special direction issued under this Act; (d) exercise overall supervision over the financial and executive administration of the Anchalik Panchayat and place before the An- chalik Panchayat all ques ions connected therewith which shall appear to him to require its orders and for this purpose may call for records of Anchalik Panchayat. Powers, 41. The Vice-President of an Anchalik Panchayat shall- functions and duties of Vice-President of An- (a) in the absence of the President, preside at the meeting chalik Pan- of the Anchalik Panchayat ; chayat. (b) exercise such powers and perform such duties of the President of the Anchalik Panchayat as the President from time to time may, subject to the rules made by the Govt. in that behalf, delegate to him by an order in writing ; and (c) pending the election of the President or during the absence of the President from the Panchayat area or by reason of leave for a period exceeding thirty days, exercise the powers and perform the duties of the President. Resignati- 42. (1) A member holding the office as President of the on or remo- Anchalik Panchayat may resign his office at any time by writing val of the under his own hand addressed to the Deputy Commissioner of the President concerned district and the Vice-President may resign his ffice at any and Vice President time by writing under his hand addressed to the President of the of Anchalik Anchalik Panchayat and in absence of the President to the Deputy Panchayat. Commissioner of the concerned district. (2) Every President and Vice-President of Anchalik Panchayat shall vacate office, if he ceases to be a member of the Anchalik Panchayat. THE ASSAM GAZETTE. EXTRAORDINARY, MAY. 6, No confi- 43. (1) Every President and Vice-President of the Anchalik dence moti- Panchayat shall be deemed to have vacated his office forthwith, on against the Presi- If by a resolution express want ofi confidence in him is passed dent and the by a majority of two-third of total number of the members of the Vice-Presid- Anchalik Panchayat. Such a meeting shall be specially convened with ent of Anch- the approval of the President of the Anchalik Panchayat. Such meeting alik Pancha yat. shall be presided over by the President if the motion is against Vice- President and the Vice-President if the motion is against the President. In case such a meeting is not convened in the Anchalik Panchayat within a period of fifteen days from the date of receipt of the notice, the Secretary of the Anchalik Panchayat shall refer the matter to the President of the Zilla Parishad with intimation to the Deputy Commissioner. The President of the Zilla Parishad shall then arrange for convening the meeting within fifteen da from the date of receipt of intimation. (2) In case the Zilla Parishad is not convening the meeting within fifteen days time and disposed the matter accordingly, the concerned Deputy Commissioner may refer the matter to the Government and Government shall in that case take appropriate action. (3) The requisition for such a special moeting shall be signed by not less than one-third of the total members of Anchalik Panchayat and shall be delivered to the President of the Zilla Parishad with intimation to the Deputy Commissioner. The President of the Zilla Parishad shall within seven days from the date of receipt of the requisition, convene a special meeting of the Anchalik Panchayat. The meeting shall be held on a date not later than fifteen days from the date of issue of the notice of the meeting. Ing 4) In the event of removal either of the President or the Vice-e President of the Anchalik Panchayat, the Anchalik Panchayat shall elect, from amongst the members in the same manner as under sub-section (2) of Section-37 a President or a Vice President as the case may be : Provided that such member shall not be eligible for re-election asPresident or Vice-President during the remaining term of office as member of the Anchalik Panchayar. (5) Every President or Vice-President of the Anchalik Panchayat shall after an opportunhy is afforded for hearing him, be removeable from his office as President or Vice-President by the Zilla Parishad with the approval of the Government for misconduct in the discharge of office duties, for being persistantly remiss in the discharge of his duties and a President or a Vice-President ro removed shall remain in the office of the member. THE ASSAM GAZETTE EXTRAORDINARY MAY 6, (6) A President of a Vice-President removed from his office under sub-section (5) may also be removed by the Government from membership of the Anchalik Panchayat. Resignation 44. A member of an Anchalik Panchayat may resign his membership of members of Anchalik In writing under his hand addressed to the President of the Anchalik Panchayat. Panchayat and his seat shall become vacant immediately. Meeting of 45. (1) An Anchalik Panchayat shall hold a meeting for the Anchalik transaction of business at least once in two months (hereinafter Panchayat. in this section called the ordinary meeting) and shall subject to the provisions of the following sub-sections, make regulations not inconsistant with the provisions of this Act, or with any rules made thereunder with respect to the date, hour, notice, management and adjournment of its meetings and generally with respect to transaction of business thereto. (2) Every meeting of the Auchalik Panchayat shall ordinarily be held at the Head Quarters of the Anchalik Panchayat. ode (3) The date of the first meeting of the Anchalik Panchayat, after the first constitution" or re-constitution, shall be fixed by the Deputy Commissioner of the district and date of each subsequent ordinary meeting shall be fixed at the previous meeting of the Anchalik Panchyat, provided that the President may for sufficient reasons, alter the day of the meeting to a subsequent date. The President may whenever he thinks fit, shall, upon the written request of not less than one-third of the total number of members and on a date within fifteen days from the receipt of such request, call a special meeting. Such request shall specify the object for which the meeting is proposed to be called. If the President fails to call the Special meeting, the Vice President or one-third of the total number of members may call the special meeting for a day not more than fifteen days after representation of such request and require the Executive Officer to give notice to the members and to take such action as may be necessary to convene the meeting. ( 4) Ten clear days notice of an ordinary meeting and seven clear days notice of a spec al meeting specifying the time at which the meeting is to be heid and the business to be transacted thereat. shall be sent to the members and pasted up at the office notice board of the Anchalik Panchayat. Such notice shall include, in the case of a special meeting, any motion or proposition mentioned in the written request made for such meeting. THE ASSAM GAZETTE EXTRAORDINARY, MAY 6, Quorum 46. (1) One-third of the total number of members of the An- alik Pancha .. chalik Panchayat shall form a quorum for tansacting business of the Anch- yat meeting. at a meeting of the Anchalik Panchayat. If at the time appointed for a meeting a quorum is not present, the person presiding shall wait for thirty minutes, and if within such period, there is a quorum, proceed with the meeting, but if within such period, there is no quorum, the person presiding shall adjourn the meeting to such hour on some future date as he may fix. He shall similarly adjourn the meeting at any time after it has begun, if his attention is drawn to the want of quorum. At such adjourned meetings, no quorum shall be necessary and the business which would have been brought D before the original meeting, shall be transacted. (2) Every meeting shall be presided over by the President or if he is absent, by the Vice President and if both are absent or if the President is absent and there is no Vice- President, the membres present shall elect one from among themselves to preside. (3) All questions shall unless otherwise specifically provided, be decided by a majority of votes of the members present and voting shall be by raising of hands. The Presiding Member, unless he refrains from voting, shall give vote before declaring the number of votes for and against a question and in case of equality of votes, he may give his casting vote. (4) No member of an Anchalik Panchayat shall vote on, or take part in the discussion of, any question coming up for consideration at a meeting of the Anchalik Panchayat, or any committee, if the question is one in which apart from its original application to the public he has any direct pecuniary interest. (5) If the person presiding is believed by any member present at the meeting to have any such pecuniary interest in any matter under discussion, and if a motion to that effect is carried, he shall not preside at the meeting during such discussion, or vote on, or take part in it. Any member of the Anchalik Panchayat may be chosen to preside over the meeting during the continuance of such discussion 45V/92 bas THE ASSAM GAZETTE EXTRAORDINARY, MAY. 9, 1994 (6) No proposition shall be discussed at any ordinary meeting unless it has been entered in the notice convening such meeting or in the case of a special meeting, in the written request for such meeting. A member may propose any resolution connected with or incidental to the subjects included in the list of business. The President may propose any urgent subje ct of a routine nature not included in the list of business if no member objects to it. No permission shall be given in the case of a motion or proposition to modify or cancel any resolution within three months after the passing thereof except in accordance with sub-section (8). The order in which any business or proposition shall be brought forward at such meeting shall be determined by presiding authority who, in case it is proposed by any member to give particular proposition, shall put the proposal to the meeting and be guided by the majority of votes given for or against the proposal. (7) Any ordinary meeting may, with the consent of a majority of the member present, be adjourned from time to time, but no business shall be transacted at any adjourned meeting other than that left undisposed at the meeting for which the adjournment took place. (8) No resolution of Anchalik Panchyat shall be modified or cancelled within six months after the passing thereof except by a resolution passed by not less than one half of the total number of members at an ordinary or special meeting, and notice thereof shall have been given fulfilling the requirements of sub-section (4) and setting forth fully the resolution which it is proposed to modify fully or cancel at such meeting and motion or proposition for the modification or cancellation of such resolution. Proceedings of Anchalik 47. The proceedings of every meeting shall be recorded Panchayat in the minutes book immediately after the deleberations meetings and minutes of the meeting and shall, after being read over by the book of An- presiding authority of the meeting, be signed by him. chalik Panchayat. The action taken on the decision of the Anchalik Panchayat shall be reported at the next meeting of the Anchalik Panchayat. The minutes book shall not be taken outside the Anchalik Panchayat office under any circumstances. The Executive Officer shall be the custodian of the minutes book. THE AS AM GAZETTE EXTRAORDINARY, MAY. 6. PORT & YAM Presence of 48. The Anchalik Panchayat may require the presence Government Officer in Of 2 Government officers at the meetings. If it Anchalik appears to an Anchalik Panchayat that the attendance meetings. Panchayat of any officer of the Government, having jurisdiction over an area of a district or less than a district and not working under the Anchalik Panchayat, is desirable at a meeting of the Ancha- diw bato 10 Jail Panchayat, the Executive officer shall; by a letter jo sidura 1addressed to such officer not less than fifteen days before ni novig li 229012ud the intended mecting, request that officer to be presesi the meeting and the officer shall, unless prevented by 10 ness or other reasonable cause, attend the meeting : -919/11 griz 19 bio 9AT -101 idquod Provided that the officer on receipt of such letter may, gribi2017 if he, for any of the causes aforesaid, is unable to be present ot Tadmenthere by himself, instruct his deputy or other competent ods oj subordinate officer to represent him at the meeting. To1 novig 2010V General fun- 49. (1) The General functions of the Anchalik Panchayats S ctions of An- shall be- chalik. Panchayat. -TUOLDS Y (a) preparation of Annual Plans in respect of the schemes entrusted to it by virtue of the Act and those assigned to it by the Government or the Zilla Parishad and submission thereof to the Zilla Parishad within the prescribed time for integration with the District Plan : (b) consideration and consolidation of the Annual Plans of all Gaon Panchayats under the Anchalik Panchayat and submission of consolidated plan to the Zilla Parishad ; (c) preparation of Annual Budget of the Anchalik Panchayat and submission to Zilla Parishad for approval within the prescribed time ; (d) performing such functions and executing such works may be entrusted to it by Government or the Zilla Parishad ; as (e) to assist the Government in relief operation in natural calamities ; G THE ASSAM GAZETTE, EXTRAORDINARY, MAY. 6, 1994 (2) Agriculture including Agricultural Extension- (a) identification and implementation of schemes not exceeding rupees two lakhs and not below rupees fifty thousand for the agricultural development of the Anchalik Panchayat area with technical assistance and supervision from the Department of Agriculture, Co-operation and Irrigationetc. (b) maintenance of agricultural seed farms and horticultural nurseries ; (c) storing and distribution of insecticides and pesticides ; (d) propagation of improved methods of cultivation ; (e) promotion of cultivation and marketing of vegetable, fruits and flowers ; (f ) training of farmers and extension activities. 10 (3) Land Improvement and Soil Conservation- Code (a) assisting the Government and Zilla Parishad in the implementation of land improvement and soil conservation programmes of the Government. (4) Minor Irrigation, Water Manager nt, Watershed Development --- (a) assisting the Government and the Zilla Parishad in construction and maintenance of minor irrigation works ; (b) implementation of individual irrigation works ; (c) assisting the Government and the Zilla Parishad in the implementation of schemes on Development of Ground Water Resources, and Watershed Development Progrmmes. (5) Poverty Alleviation Programme -- (a) planning and supervision of implementation of poverty alleviation programmes and schemes and providing guidance therefor. THE ASSAM GAZETTE EXTRAORDINARY. MAY. 6, 0 PORTO.I (6) Animal Husbandry, Dairying and Poultry- (a) maintenance of Veterinary and Animal Husbandry Services ; (b) improvement of breed of cattle, poultry and other livestock ; (c) promotion of dairy farming, poultry and piggery ; (d) prevention of epidemics and contagious disease ; (7) Fisheries- (a) promotion of fisheries development ; (8) Khadi, Village and Cottage Industries -- (a) promotion of Rural and Cottage Industries ; (b) organisation of conference, seminars and training programmes, agricultural and industrial exhibitions ; (9) Rural Housing- (a) implementation of housing scheme and distribution of house sites in villages- (10) Drinking Water- aCod (a) establishment, repairs and maintenance of rural water supply schemes ; (b) prevention and control of water pollution ; (c) implementation of rural sanitation schemes ; (11) Social and Farm Forestry, Minor Forest produce, Fuel arms and Fodder (a) planting and preservation of trees on the sides of roads and other public land under its control ; (b fuel plantation and fodder development ; (c) promotion of farm forestry ; bnuoTO . (12) Roads, Building, Bridges, Ferries, Waterways and other means of communication- (a) construction and maintenance of public roads, drains, novoculverts and other means of communication which are not under the control of any other local authorities of the Government; THE ASSAM GAZETTE. EXTRAORDINARY, MAY. 6, 1994 (b) maintenance of buildings or other properties vested in the Anchalik Panchayat ; (c) maintenance of boats, ferries and waterways not under the Govt. or any other local bodies ; (13) Non-Conventional Energy Sources : (a) Promotion and development of non-conventional energy source . (14) Education, including Primary and Secondary Schools : (a) Promotion of Primary and Secondary Education. (b) Construction, repairs and maintenance of Primary School Buildings. (c) Promotion of Social Education through Youth Clubs and Mahila Mandals. (15) Technical Training and Vocational Education : (a) Promotion of rural artisan and vocational training. (16) Adult and Non-Formal Education : (a) Implementation of Adult Literacy Programme. (17) Cultural Activities : Promotion of social and culturalCOOL In (18) Market and Fairs : (a) Regulation of markets, fairs and festivals. (19) Health and Family, Welfare : (a) Promotion of health and family welfare programme. (b) Promotion of immunisation and vaccination programme. (c) Health and Sanitation at fairs and festivals. (20) Women and Child Development : (a) Promotion of programmes relating to development of women and children. (b) Promotion of school health and nutrition programme- (c) Promotion of participation of voluntary organisations in women and child development programme. THE ASSAM GAZETTE, EXTRAORDINARY, MAY. 6, 1994 (21) Social Welfare including Welfare of Handicapped, Mentally Retarded : (a) Promotion of social welfare programmes including welfare of handicapped, mentally retarded and destitutes ; procurement and supervision of distribution of foodstuff in social welfare programmes. (b) Monitoring the old age and widows pensions and pensions of the handicapped. (22) Welfare of the weaker section and in particular of the Scheduled Castes and Scheduled Tribes : O (a) Promotion of welfare of Scheduled Castes, Scheduled Tribes and other weaker section (b) Preventing such castes and classes from social injustice and exploitation. (23) Maintenance of Community Assets : (a) Maintaining of all community assets vested in it or transferred by the Government or any local authority or Organisation. (b) Preservation and maintenance of other community assets. (24) Public Distribution System : jacommunity (a) Promotion of distribution of essential commodities through fair price shops in the villages. Panchayat will also keep sharp vigilance over fair and equitable distribution of essential commodities. Panchayat will educate the people about consumer's rights and assist in redressal of Consumer's grievances. (25) Rural Electrification : (a) Promotion of rural electrification. (26) Co-operation: (a) Promotion of co-operation activities. (27) Libraries: (a) Promotion of libraries. (28) Such other functions that may be entrusted by the Government or the Zilla Parishad. THE ASSAM GAZETTE, EXTRAORDINARY, MAY. 6, 1994 631 General 50. The Anchalik Panchayat shall have powers to do all powers of Anchalik acts necessary for or incidental to the carrying out of the Panchayat functions entrusted or delegated to it and, in particular and without prejudice to the foregoing powers to exercise all powers specified in this Act. Delegation of Powers. 51. Anchalik Panchayat may, by notification delegate to the Executive Officer or any other officer, the powers conferred by or under this Act. Standing 52. (1) The Anchalik Panchayat shall have the following standing committees -- Committers of Anchalik Panchayat. (a) General Standing Committee ; (b) Finance, Audit and Planning Committee ; (c) Social Justice Committee. de (2) Each standing committee shall consists of such number of members not exceeding six including the Chairman, as may be specified by the Anchalik Panchayat, and chosen by the Anchalik Panchayat from amongst its members. 2 (3) The President of the Anchalik Panchayat shall be the Chairman of the General Standing Committee and Finance, Audit and Planning Committee. The Vice-President of the Anchalik Panchayat shall be the Chairman of the Social Justice Committee. (4) No member of the Anchalik Panchayat shall be eligible to serve in more than one standing committee and the term of the membership will not exceed one year at a time. (5) The Executive Officer of the Anchalik Panchayat shall be the Ex-Officio Secretary of every Standing Committee. THE ASSAM GAZETTE EXTRAORDINARY, MAY. 6, Functions of 53. (1) The General Standing Committee shall perform the Standing functions relating to the establishment matters, communication, Committee buildings, rural housing, relief against natural calamities, water supply and all miscellaneous residuary matters. (2) The Finance, Audit and Planning Committee shall perform the functions relating to the finance of the Anchalik Panchayat, training, budget, scrutinising proposals for increase of revenue, examination of receipts and expenditure statement, consideration of all proposals affecting the finance of the Anchalik Panchayat and general supervision of the revenue and expenditure of the Anchalik Panchayat and planning and consolidating the Anchalik Panchayat Plans, co-operation, small saving schemes and any other function relating to the development of Anchalik Panchayat areas. (3) The Social Justice Committee shall perform functions relating to : (a) promotion of educational, economic, social, cultural and Other interests of the Scheduled Castes, Scheduled Tribes and Backward Classes ; bao stevedon (b) protecting them from social injustice and all other forms of exploitation ; noticeses sd Hcde (c) amelioration of the Schedule Castes, Scheduled Tribes and Backward Classes ; (d) securing social justice to the Scheduled Castes, Scheduled Tribes, Women and other weaker sections of the society. (4) The Standing Committees shall perform the functions referred to above to the extent the powers are delegated to them by the Anchalik Panchayat. Procedure of 54. (1) The Anchalik Panchayat may frame regu- Committees lations relating to selection of members of committees, conduct of business therein and all other matters relating to them. THE ASSAM GAZETTE EXTRAORDINARY, MAY. 6, 19 4 b (2) The Chairman of every committee shall, in respect of the work of the committee, be entitled to call for any information, return, statement, account or report from the office of the Anchalik Panchayat and to enter in and inspect any immovable property of the Anchalik Panchayat or works in progress connected with the works of the committee. (3) Each Committee shall be entitled to require attendance at its meetings, any officer of the Anchalik Panchayat who is connected with the work of the Committee. The Ex-Officio Secretary [referred to in sub-section (5) of Section-52] shall under instruction of the Committee, issue notices and secure the attendance of the Officer. Power to- 55. (1) An Anchalik Panchayat shall have the power to or dispose acquire, hold and dispose of property and to enter into acquire, hold of property. contract : Provided that in all cases of acquisition or disposal of immovable property, the Anchalik Panchayat shall obtain the previous approval of the Government Zilla Parishad. (2) All roads, buildings or other works constructed by an Anchalik Panchayat with its own fund shall vest in it. (3) The State Government may allocate to an An- chalik Panchayat any public property situated within its jurisdiction, and thereupon such property shall vest in and come under the control of the . Anchalik Panchayat. (4) Where an Anchalik Panchayat requires land to carryout any of the purpose of this Act, it may negotiate with the persons having interest in the said land, and if it fails to reach at an agreement, it may make an application to the Deputy Commissioner of the district for acquisition of land, who may, if he is satisfied that the land is required for a public purpose, take steps where permitted by law to acquire the land under the provision of the relevant land acquisition Act, and such land shall on acquisition, vest in the Anchalik Panchayat. THE ASSAM GAZETTE, EXTRAORDINARY, MAY. 6, 1994 Anchalik Panchayat Fu- 56. (1) For every Anchalik Panchayat, there shall be nd. constituted an Anchalik Panchayat fund bearing the name of the Anchalik Panchayat and there shall be placed to the credit thereof- (a) contribution and grants, if any, made by Central or State Government, including such part of the land revenue collected in the State as may be determined by the Government; (b) contribution and grant, if any, made by the Zilla Parishad or any other local authority ; (c) loans, if any, granted by the Central or the State Government or raised by the Anchalik Panchayat on security of its assets; (d) all receipts on account of tolls, rates and fees levied by it; (e) all receipts in respect of any schools, hospitals, dispensaries, buildings, institutions or works, vested in, constructed by or placed under the control and management of the Anchalik Panchayat ; (f) all sums received as gifts or contributions and all income from any trust or endowment made in favour of the Anchalik Panchayat ; (g) such: fines and penalties imposed and realised under the provisions of this Act, or of the bye-laws made thercunder, as may be prescribed, and all other sums received by or on behalf of the Anchalik Panchayat. (2) Every Anchalik Panchayat shall set apart and apply annually such sums as may be required to meet the cost of its own administration including the payment of salary, allowances, provident fund and gratuity to the officers and employees. The total expenditure ( n establish ment shall not exceed one-third of the total expenditure (f the Anchalik Panchayat without prior approval of the Government. (3) Every Anchalik Panchayat shall have powers to spend such sums as it thinks fit for carrying out the purpose of this Act. b THE ASSAM GAZETTE, EXTRAORDINARY, MAY. 6, 1994 635 (4) The Anchalik Panchayat fund shall be vested in the Anchalik Panchayat. (5) Subject to such general control, as the Anchalik Panchayat may exercise from time to time, all orders and cheques for payment from the Anchalik Panchayat fund shall be signed by the Executive Officer. Taxes. 57. (1) Subject to such maximum rate as the Government may prescribe, an Anchalik Panchayat may, (a) levy tolls on persons, vehicles or animals or any class of them at any toll-bar established by it on any road other than a katcha road or any bridge vested in it or under its management; SOSIAMO (b) levy tolls in respect of any ferry established by it, or under its management; (c) levy a surcharge on Land Revenue at the rate of 0.02 ( two paise ) per rupee ; de ba (d) levy a cess or water rate for recovery of cost of minor Irrigation works taken up within the jurisdiction of an Anchalik Panchayat and such cess as may be necessary for the purpose of maintenance and repair of such works; (e) levy a tax on supply of water and lighting; (f) levy a tax on profession, trades, calling, manufacture and production save and except those levied under any provision of this Act or under any enactment for the time being in force ; (g) levy fee for cinema halls, bricks or tile kilns, saw mills, timber depots, rice mills and hullers, fairs confectionary and bakery, private fisheries or vegetable gardens used for commercial purposes. (2) The taxes etc. shall be imposed, assessed and realised at such time and in such manner as may be prescribed ; (3) Any person aggrieved by the assessment, levy or imposition of any tax or fee may appeal to the Zilla Parishad. Jimdne THE ASSAM GAZETTE, EXTRAORDINARY, MAY. 6, 1994 (4) State Government may suspend the levy or imposition of any tax or fee and may at any time rescind such imposition in consultation with the concerned Panchayat in period of natural calamities. (5) The scale of tolls, fees or rates and the terms and conditions for the imposition thereof, shall be such as may be provided by bye-laws. Such bye-laws may provide for exemption from all or any of the tolls, fees or rates in any class or cases. (6) Subject to such rules as may be made in this behalf by an Anchalik Panchayat, an Anchalik Panchayat may levy taxes on a particular trade or commerce with a view to utilise the fund so collected for improvement of the facilities for development of that particular trade or commerce with the approval of the Zilla Parishad. Loans and 58. (1) An Anchalik Panchayat may, subject to the Sinking lund provisions of any law relating to the raising of loan by local authorities for the time being in force, raise from time to time, with the approval of the Government, loans for the purpose of this Act, and create a sinking fund for he re-payment of such loans. t (2) An Anchalik Panchayat may borrow money from the Government, or with the previous sanction of the Government, from bank or other financial institutions, for furtherance of its objectives on the basis of specific schemes as may be drawn up by the Anchalik Panchayat for the purpose. Budget of 59. (1) Every Anchalik Panchayat shall, at such time Anchalik Pa-and in such manner as may be prescribed, prepare in nchayat. each year, a budget of its estimated receipts and disbursements for the following year and submit the budget to the Zilla Parishad. (2) The Zilla Parishad, within such time as may be prescribed, either approve the budget or return it to the Anchalik Panchayat for such modifications as it may direct. On such modification being made, the budget shall be submitted within such time as may be prescribed by the Zilla Parishad. If the approval of the Zilla THE ASSAM GAZETTE, EXTRAORDINARY, MAY, 6, 1994 637 Parishad is not received by the Anchalik Panchayat by the last date of the year, the budget shall be deemed to be approved by the Zilla Parishad. (3) No expenditure shall be incurred unless the budget is approved by the Zilla Parishad. (4) The Anchalik Panchayat may prepare in each year a supplementary estimate providing for any modification of its budget and may submit to the Zilla Parishad for approval within such time and in such manner as may be prescribed. Accounts of 60.An Anchalik Panchayat shall keep such accounts "and in such form as way be prescribed. nchayat. Auditing. 61. (1) The audit peso of the accounts of the Anchalik Panchayat shall be carried out by the authority as may be prescribed by the Government and a copy of the audit report shall be forwarded to the Anchalik Panchayat, to the Zilla Parishad and to the Directoe of Panchayat and Rural Development, Assam within onr month of the completion of the audit. 0 (2) On receipt of the audit report referred to in sub-section (1), the Anchalik Panchayat shall either remedy any defects or irregularities which have been pointed out in the audit and send to the Zilla Parishad and to the Director of Panchayat and Rural Development, Assam, within three months and the intimation of its having done so or shall, within the said period, supply any further explanation to the authorities mentioned herein, in regard to such defects or irregularities as it may deem fit. Staff of An- 62. (1) An Anchalik Panchayat being coterminous chalik Panchayat. to a Development Block shall have an Executive Officer appointed by Government who shall be the Ex-officio Secretary. Provided that the Block Development Officer or such other officer as may be appointed by Government shall hold the post of the Executive Officer and Secretary of the An- chalik Panchayat. Anchalik Pa- ITTAS MAREA JHT THE ASSAM GAZETTE, EXTRAORDINARY, MAY, 6, 1994 Bomosb (2) The other staff of the Anchalik Panchayat shal be appointed as provided in Section140 of the Act. In respect of the provincialised Panchayat employees working under the Anchalik Panchayat, the Director of Panchayat and Rural Development shall be the appoint ng authority. dos om be (3) The Government may post/depute staff, if considered necessary from time to time, to work in Anchalik Panchayat in addition to the staff of Grade -- I and II to serve under the Anchalik Panchayat. (4) Notwithstanding anything contained in this Act, or any of the laws for the time being in force. the Government or the Director of Panchayat and Rural Development, Assam, as the case may be, shall have the powers to effect transfer of the concerned officers and the provincialised staff in consultation with the Zilla Parishad concerned. de Powers and functions of 63. (1)Save as otherwise expressly provided by or under the Execu. this Act, the Executive Officer shall, tive Officer of the Anc- ha lik Panchayat. (a) exercise all powers specifically imposed or conferred upon him by or under this Act, or any other law for the time being in force ; (b) lay down the duties of and supervise the works of the officers and officials holding office under the Anchalik Panchayat in accordance with rules made by the Government ; (c) supervise and control the execution of all works of the Anchalik Panchayat ; zbohimsto (d) take necessary measures for the) speedy execution of all works and development schemes of Anchalik Panchayat ; godto dore vo (e) have custody of all papers and documents connected with the proceedings of the meetings of the Anchalik Panchayat ; THE ASSAM GAZETTE, EXTRAORDINARY, MAY, 6, 1994 639 (f) draw and disburse money out of the Anchalik elds Panchayat fund; and esd si doilly 2guid: ils g doi lw sot (g) exercise such other powers and discharge such other functions as may be prescribed. (2) The Executive Officer shall attend every meeting of the Anchalik Panchayat and shall have the right to attend the meetings of the committees thereof and to take part in the discussion but shall not have the right to move any resolution or to vote. If in the opinion of the Executive Officer any proposal before the Anchalik Panchayat is violative of or inconsistent with the provisions of this Act, or any other law, rule or order made thereunder, it shall be his duty to bring the same to the notice of the Anchalik Panchayat, Butit CHAPTER-VI ESTABLISHMENT AND CONSTITUTION OF ZILLA PARISHAD. de Establish- 64. (1) For every district there shall be a Zilla Parishad la Parishad. having jurisdiction, save as otherwise provided in this ment of Zil- Act, over the entire district excluding such portions of the district as are included in a Municipality or a Municipal Corporation, as the case may be, or under the authority of Town Committee or Sanitary Board or & youn Cantonment area vor any notified area contrary to it midtiw under any law for the time being in force : Provided that a Zilla Parishad may have its office in any area comprised within the excluded portion as above of the district and in such area which is notified by Government for such office, may exercise its powers and functions over institutions under its control and management. (2) Every Zilla Parishad shall be a body corporate by the name of " Zilla Parishad' and shall have perpetual succession and a common sea and subject to such restrictions as are imposed by or under this or any other enactment with the capacity of sueing and being sued in its corporate name, of acquiring, holding doua MA BA THE THE ASSAM GAZETTE, EXTRAORDINARY, MAY, 6, 1994 and transferring property movable or immovable, whether without or within the limit of the area over which it has authority of entering into contracts and doing all things, necessary, proper or expedient for the purpose for which it is constituted. Constitution of Zilla Parishad. 65. (1) The Zilla Parishad shall consists of : - ano (i) the members directly elected from the territorial constituencies of the district : AMIT Provided that Government may by notification in the Official Gazette determine the territorial constituencies in the district keeping in view the overall population of the district at a rate of one member for a population not less than 40 thousand and that each territorial constituency shall elect one member to the Zilla Parishad through direct election in the manner prescribed ; Cod (ii) the Presidents of the Anchalik Panchayats ; (iii) the Members of the House of People and the Members of the State Legislative Assembly representing a part or whole of the district whose constituencies lie within the district. b son 20 (2) All the members shall have the right to vote. .1TO11100 $15 Reservation of seats for 66. (1) Seats shall be reserved for the Scheduled Castes, Scheduled and Scheduled Tribes in every Zilla Parishad and the num- Caste and Sc-ber of seats shall bear, as nearly as may be, the same propor- heduled Tribes, tion to the total number of seats to be filled up from amongst the directly elected members in that Zilla Parishad as the population of the Scheduled Castes in the Zilla Parishad area or of the Scheduled Tribes in that Zilla Parishad nis area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in Zilla Parishad in the manner prescribed. THE ASSAM GAZETTE, EXTRAORDINARY, MAY, 6, 1994 641 Reservation of seats for (2) Not less than one-third of the total number of seats women be- reserved under sub-section (I) shall be reserved for women longing to belonging to the Scheduled Tribes or as the case may be, the Scheduled Castes. Scheduled Caste and scheduled Tribes. Reservation 67. (1) Not less than one-third, including the number of reats for of seats reserved for women belonging to the Scheduled women Castes and Scheduled Tribes under sub-section (2) of Section 66 of the total number of seats to be filled up from amongst the directly elected members under sub-section (1) of Section 65 shall be reserved for women and such seats may be allotted by rotation to different constituencies under the Zilla Parishad as may be prescribed. (2) If women from Scheduled Castes and Scheduled Tribes category and women from general category are not represented in Zilla Parishad, Government may by notification in the Official Gagette, nominate one member from such category. Term of Zilla 68. Every Zilla Parishad except as provided in the Act., Parishad shall continue for a period which shall not exceed five years from the date of holding the first meeting. Election to dissolved 69. (1) Election to constitute the Zilla Parishad shall be Zilla Pari- completed- shad. (a) before the expiry of its duration, as specified in Section 68; (b) in case of dissolution, before the expiration of a period of six months from the date of such dissolution : Provided that where the remainder of the period for which the dissolved Zilla Parishad would have continued, is less than six months, it shall not be necessary to hold any election under this clause for constituting the Zilla Parishad for such period. (2) A Zilla Parishad constituted upon dissolution before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Zilla Parishad would have continued under sub-section (I) had it not been dissolved. do THE ASSAM GAZETTE, EXTRAORDINARY, MAY, 6, 1994 A22A Election of President 70. (1) When the Zilla Parishad is constituted under and Vice- Section 64, the Deputy Commissioner shall call a meeting President of of the Zilla Parishad (which shall be called the first the Zilla Parishad. meeting of the Zilla Parishad ) for the election of a President and a Vice-President by and from amongst the members directly elected under Section 65 (1). (2) The election of the President or the Vice-President of the Zilla Parishad and filling up vacancies in the said 5 office and the determination of disputes relating to such 19/ election shall be in accordance with such rules as may be prescribed by the State Government/State Election Commission. bolubodo2 Allowances 71. (1) The allowances of the President and the Vice-President shall be as may be prescribed by the Government. e of the Presj- dent and Viee- President and sitting fee and allo. wances of the member, :b>bivo(2) Every member of the Zilla Parishad except the President and the Vice-President shall be entitled to receive, such sitting fee and allowances as may be prescribed by Government. dič sd Resignation 72. (1) A member holding the office as President or removal of the Pres-of the Zilla Parishad may resign his office at any time by dent and writing and send it to Government through the Deputy Vice-President. Commissioner and the Vice-President of the Zilla Parishad may resign his office at any time by writing and send to the President of the Zilla Parishad and in absence of the President, to the Government through the Deputy Commia ssioner and the office shall become vacant on the expiry of fifteen days from the date of such resignation unless within the said period of fifteen days he withdraws such TE bler resignation by writing and send it to Government in respect of the President and to the President in respect of the Vice-President, as the case may be. bad (I (2) Every President or the Vice-President of Zilla Parishad shall vacate office if he ceases to be a member of Zilla Parishad THE ASSAM GAZETTE, EXTRAORDINARY, MAY, 6, 1994 643 No confi- 73. (1) Every President and every Vice-President of dence in the office Zilla Parishad shall be deemed to have vacated his office of the Pre- forthwith if a resolution expressing want of confidence Zilla Parishad. sident and in him is passed by a majority of two-thirds of the of total number of members elected directly as Zilla Parishad member at a meeting especially convened for this 12 1. bon purpose and presided over by the Vice-President if the motion is against the President and the President of the Zilla Parishad shall preside over such meeting if the motion B b9 001 is against the Vice-President. stutitarto (2) If there is no Vice-President the members present shall choose one from among them to preside over such meeting : Provided that one-third of the total number of members shall sign the notice for such a motion and deliver it to the President and the President shall convene the meeting within seven days from the date of receipt of the notice. The meeting shall be held on a day not later than fifteen days from the date of issue of the notice of the meeting. If the President fails to convene the meeting within the specified time, the members shall request the Deputy Commissioner for the purpose, who shall direct the Chief Executive Officer of the Zilla Parishad to convene the meeting. dent and this a Act President or Vice- President or a Vice-Presi- member of a Zilla Parishad may be removed from office dent 0of Zilla Pari- chad. Remo val 74. (1) Without prejudice to the provision under of Prosi- W by the State Government for misconduct in the discharge of his duties or neglect or incapacity to perform his duties or for being persistently remiss in the discharge of or guilty of any disgraceful conduct. Once so removed a President, Vice-President or Member shall not be eligible during the remaining term of office to be elected either as President, Vice-President or Member of such Zilla Parishad: mayoUp beso Provided that no such President, Vice-President or bs edi Member of a Zilla shall be removed from office unless- he/she is given reasonable opportunity to furnish explan- et nolans ation to the State Government. OTOM THE ASSAM GAZETTE, EXTRAORDINARY, MAY, 6, 1994 (2) A President or a Vice President removed from his office under sub-section (1) may also be removed by the Government from membership of the Zilla Parishad after an opportunity is afforded for hearing him. Meeting of 75. Every Zilla Parishad shall hold meetings atleast the Parishad. once in every three months, at such time and at such place within the local limits of the district concerned as the Zilla Parishad may fix at the immediately preceding meeting: 1 Provided that the first meeting of a newly constituted Zilla Parishad shall be held at such time and at such place within the local limits of the district concerned, as the State Government may fix : to bas Provided further, that the President when required, in writing by one-third of the members of the Zilla Parishad, to call a meeting,shall do so within 10 (ten) days, failing which the aforesaid members, may call a meeting after giving intimation to the Government and 7 (seven) clear days notice to the President and other members of the Zilla Parishad. odw Quorum of 76. (1) One-third of the total number of members of the Zilla Pari- Zilla Parishad shall form a quorum for transacting business shad meeting. at a meeting of the Zilla Parishad. (2) Ten clear days notice an ordinary meeting and seven clear days notice of a special meeting specifying the time at which such meeting is to be held and the business to be transacted thereat, shall be sent to the members and pasted up at the office Notice Board of the Zilla Parishad. Such notice shall include, in the case of a special meeting any motion or proposition mentioned in the written request made for such meeting. aid 10 B bovo eld (3) If at the time appointed for the meeting, quorum is not present, the person presiding shall, wait for thirty minutes, and if within such period there is a quorum proceed with the meeting but if within such period there is no quorum, the person presiding shall adjourn the meeting to such hour on some future date which should not exceed more than thirty days. He shall similarly adjourn the meeting at any time after it has begun if his attention is drawn to the want of quorum. At such adjourned meetings THE ASSAM GAZETTE, EXTRAORDINARY, MAY, 6, 1994 645) no quorum is required and the business which would have been brought before the originalismeeting shall be transacted. br (4) No resolution of the Zilla Parishad shall be modified or cancelled within six months after the passing thereof except by a resolution passed by not less than one half of the total number of members at an ordinary or special meeting. Any notice thereof shall be given fulfilling the requirement of sub-section (2)uoand setting forthfully be the resolution which is proposed to modify fully or cancel at such meeting and motionor proposition for the modification or cancellation of such resolution. b) (5) The proceedings of every meetingu shall be recorded in the minutes book immediately after the deliberation of the meeting and shalld after being read over by the Chairman of the meeting be signed by him. The action taken on the decisions of the Zilla Parishad shall be reported at the next meeting of the Zilla Parishad. The minutes book shall at all reasonable times, be open to inspect by any member of the Zilla Parishad. Ii Theit minutes book shall always be kept in the office of the Zilla wParishad and it shall be in the custody of the Chief Executive Officer. (6) A copy of every resolution passed by the Zilla Parishad at a meeting shall, within ten days from the date of the meeting, be forwarded to Government. (7) All questions coming before the Zilla Parishad shall be decided by a majority of votes: Provided, that in case of equality of votes; the President or the member presiding shall have a casting vote. (8) Every meeting shall be presided over by the President or if he is absent by the Vice President and if both the President and the Vice President are absent or the President is absent and there is no Vice President, the members present shall elect one from among themselves to preside. Powers/ functi o n s and duties of President and Vice- 77. (1) The President shall- Jointaib edt na lo somsbrotts Didelisy silis sur fo President of Zilla O doije Parish. bobmarmi sdt broled THE ASSAM GAZETTE, EXTRAORDINARY, MAY, 6, 1994 (a) perform all the duties imposed and exercise all the powers conferred on the Zilla Parishad under this Act and rules made thereunder ; (b) convene, preside over and conduct meetings of the Zilla Parishad; (c) exercise administrative supervision over the Chief Executive Officer and through him, all Officers and the employees whose services may be placed at the disposal of the Zilla Parishad by the Government ; (d) exercise such other powers, perform such other functions and discharge such other duties as the Zilla Parishad may, by general resolution b direct or the Government may by rules made in this behalf prescribe ; (e) exercise overall supervision over the financial and executive adminstration of the Zilla Parishad and place before the Zilla Parishad all questions connected therewith which shall appear to him to require its orders and for this purpose may call for records of the Zilla Parishad. (2) The Vice-President shall,- (a) in absence of the President, preside over the meeting of Zilla Parishad ; (b) exercise such powers and perform such duties of the President, as the President from time to time may, subject to the rules as may be prescribed, delegate to him by order in writing ; and (c) pending the election of the President or during the absence of the President from the district, or by reason of leave for a period exceeding 30 (thirty ) days, exercise the powers and perform the duties of the President. Presence of 78. If it appears to a Zilla Parishad that . the ment Off- attendance of any District Officer of the Government ha- Govern- ving jurisdiction in the district is desirable at a meeting of the Zilla Parishad, the Chief Executive Officer shall by a letter addressed to such Officer, not less than fifteen days before the intended meeting, request that Officer to be cers at Zilla Parishad meeting. THE ASSAM GAZETTE, EXTRAORDINARY, MAY, 6, 1994 present at the meeting, and the Officer shall unless prevented by reasonable cause, attend the meeting: 195! Provided that the Officer on receipt of such letter may, if he, for any unavoidable cause as aforesaid is unable to be present thereby himself, instruct his Deputy or other departmental Subordinate Officer to represent him at the meeting. e Functions of 79. Subject to such conditions as may be specified by Zilla Parishad. the Government from time to time, the Zilla Parishad shall perform the functions specified in section 90. nisms Assignment 80. (1) The Government may assign to a Zilla Parishad of functio, sfunctions in relation to any matters to which the executive to Zilla Parishad. authority of the Government extends or in respect of functions which have been assigned to the State Government the Central Government. (2) The Government may, by notification, withdraw or modify the functions assigned under this section. Stan ding TE 81. The Zilla Parishad shall have the following Stan- Committees. ding Committees, namely: - (a) General Standing Committee, b (b) Finance and Audit Committee, (c) Social Justice Committee, (d) Planning and Development Committee. Chairman of 82. (1) Each Standing Committee shall consist of such the Standing number of members not exceeding five including the Chair- Committee. man as specified by the Zilla Parishad and elected by the m members of the Zilla Parishad from amongst its members whose terms will be one year at a time. THE ASSAM GAZETTE, EXTRAORDINARY, MAY, 6 1994 (2) The President of the Zilla Parishad shall be the Chairman of the General Standing Committee and the Finance and Audit Committee. YEm 19151 (3) The other Standing Committees shall elect the sd of s[ Chairman from among their members. 18 m(4) No member of the Zilla Parishad shall be eligible to serve on more than two Standing Committees. (5) The Chief Executive Officer of the Zilla Parishad vd boil shall be the Ex-officio Secretary of the General Standing Isde br Committee and the Finance, Audit and Planning Committee and he shall nominate one of the Deputy Secretaries as Ex-officio Secretary for each of the remaining Standing Committees. The Chief Executive Officer shall be bedaine entitled to attend the meetings of all the Standing Com- sviluosz mittées. enoftonin Fractions of 83. (1) The General Standing Committee shall perform Stan ding Committees, functions relating to the establishment matters and functions relating to communications buildings, rural housing, village extensions, relief against natural calamities, Rural Develop- weibditvment Programme of Government of India and alied matters .noiand all miscellaneous residuary matters. dia sniw(2) The Finance and Audit Committee shall perform the functions relating to- (a) the finance of the Zilla Parishad, framing of budgets, scrutinizing proposals for increase of revenue, examination of receipts and expenditure, consideration of proposals effecting the finance of the Zilla Prishad and general supervision of the revenue and expenditure of the Zilla Parishad; (b)inthe Plan priorities, allocation of outlays to developments, horizontal and vertical linkages, implemantation of guidelines issued by Government, regular review of pla- done to nning programmes, evaluation of important programmes miedo and smallsisaving schemes. srb vd borbals :2odmem li (3) The Social Justice Committee shall perform functions relating to THE ASSAM GAZETTE, EXTRAORDINARY, MAY, 6, 1994 649 (a) promotion of educational, economic, social, cultural and other interests of the Scheduled Castes and Scheduled Tribes and Backward Classes; (b) protecting them from social injustice and all other forms of exploitation; (c) amelioration of the difficulties of the Scheduled Castes and Scheduled Tribes and Backward Classes; (d) securing social justice to the Scheduled Castes and Scheduled Tribes, women and other weaker sections of the society. (4) The Planning and Development Committee shall perform the following functions- VOS (a) be incharge of all educational activities of the Zilla Parishad; (b) undertake the planning of education in the district within the frame work of the National Policy the National and State Plan; (c) survey and evaluate the educational activity of the Zilla Parishad; T (d) perform such other duties pertaining to education, adult literacy and cultural activity as the Zilla Parishad may assign to it; (e) Health Service, Hospitals, Water Supply, Family, Welfare and other allied matters ; (f) agricultural production, animal husbandry, cooperation, contour buniding and reclamation ; (g) village and cottage industries ; (h) promotion of industrial development of the district. Delegation of 84. (1) The Standing Committees shall perform the Powers and functions to functions referred to in sub-sections (1), (2), (3) and (4) Stand in g Cmmittees. THE ASSAM GAZETTE, EXTRAORDINARY, MAY, 6, 1994 of Section 83 to the extent the powers are delegated to them by the Zilla Parishad. (2) The Committees shall perform, in respect of matters assigned to them, such additional duties as may be prescribed bolubedo2 Procedure of Committees. 85. (1) The Zilla Parishad may frame regulations relating antortos to election of members of Committees, conduct of business therein, and all other matters relating to them. (2) The Chairman of every Committee shall in respect of the work of that Committee be entitled to call for any information, return, statement or report from the Zilla Parishad and to enter in and inspect any immovable property of the Zilla Parishad or any work in progress concerning the Committee. DHS taib ode 9/ 10 (3) Each Committee shall be entitled to require attendance at its meetings any Officer of the Zilla Parishad who is concerned with the work of the Committee. The Chief Executive Officer shall under instruction of the Committee, issue notices and secure the attendance of the officer. o b Deligation of powers to 86. The Zilla Parishad may by notification delegate Chief Execu-to the Chief Executive Officer or other officers any of the tive Officerpowers conferred by or under this Act, on the Zilla and other Officers. Parishad. Powers to acquire hold, 87. (1) A Zilla Parishad shall have the power to acquire, and disposehold or dispose of property and to enter into contracts: es property. THE ASSAM GAZETTE, EXTRAORDINARY, MAY, 6, 1994 651 Provided that in all cases of acquisition or disposal of immovable property, the Zilla Parishad shall obtain the previous approval of the Government. (2) All roads, buildings or other works constructed by a Zilla Parishad with its own funds shall vest in it. 301 /102 (3) The Government may" allocate to a Zilla Parishad any Public property situated within its jurisdiction, and thereupon, such property shall vest in and come under the control of the Zilla Parishad. (4) Where a Zilla Parishad requires land to carry out any of the purposes of this Act, it may negotiate with the person or persons having interest in the said land, and if it fails to reach an agreement, it may make an application to the Deputy Commissioner for the acquisitions of the land and the Deputy Commissioner may, if he is satisfied that the land is required for a public purpose, take steps to acquire the land under the provisions of the Land Acquisition Act, and such land shall, on acquisition, vest in the Zilla Parishad. ade Divert, discon- Power to di- 88. The Zilla Parishad may, by notification, turn, divert, dis- tinue or closecontinue or permanently close any road, which is under the road. control and administration of, or is vested in, the Zilla Parishad. General po- 89. (1) The Zilla Parishad shall have powers to do all acts wers of Zilla Parishad. necessary for or incidental to, the carrying out of the functions entrusted or delegated to it and, in particular, and without prejudice to the foregoing powers, to exercise all powers specified under this Act. (2) Subject to the general or special orders of the Government, a Zilla Parishad may- (a) incur expenditure on education or medical relief outside its jurisdiction ; noitudinte 29000- 250 (b) provide for carrying out any work or measure likely to promote the health, safety, education, comfort, convenience, social or economic or cultural well being of the inhabitants of the district. THE ASSAM GAZETTE, EXTRAORDINARY, MAY, 6, 1994 (c) contribute to association at All India, State or Inter State Level concerned with the promotion of local self Government and to exhibition, seminar and conference within the District related to the activities of Gaon Panchayats, Anchalik Panchayat and Zilla Parishad, and (d) render financial or other assistance to any person for carrying on in the District any activity which is related to any 5 of the functions of the State. Functions and powers 90. (1) It shall be the function of a Zilla Parishad to of Zilla Pa-prepare plans for economic development and social justice of rilshad. the District and ensure the Co-ordinated implementation of such plan in respect of matters including those enumerated below : bris b (1) Agricultural : bust ar's (i) promotion of measures to increase agricultural production and to popularies the use of improved agricultural implement and the adoption of improved agricultural practices; -2i Jssvib (ii) opening and maintenance of agricultural farms and marketing agencies/Infrastructure; (iii) establishment and maintenance of godowns and cold storages; (iv) conducting agricultural fairs and exhibitions; wooriw bas (v) management of agricultural and horticultural extension of training centres; -902 210WOC (vi) training of farmers; (vii) land improvements and soil conservation; (2) Irrigation, ground water resources and watershed development; (i) construction, renovation. maintenance of minor irrigation works and lift irrigation ; sono novrico 10 (ii) providing for the timely and equitable distribution and full use of water under irrigation schemes under the control of the Zilla Parishad; THE ASSAM GAZETTE, EXTRAORDINARY, MAY, 6, 1994 653 (iii) development of ground water resources; (iv) installation of pump sets; (v) watershed development programme. (3) Horticulture : (i) rural parks and gardens; (ii) cultivation of fruits and vegetable; (ii) (iii) farms. (4) Statistics : (i) publication of statistical and other information relating to activities of Gaon Panchayats, Anchalik Panchayat and Zilla Parishad; (ii) co-ordination and use ofeb statistics and other information required for the activities of the Gaon Panchayats, Anchalik Panchayats and Zilla Parishad; (iii) periodical supervision and evaluation of Project and . Programme entrusted to the Anchalik Panchayats and Zilla Is Parishad. Qu (5) Rural - Electrification : Assist in implementation and maintenance of rural electrification schemes. (6) Soil Conservation :zew (i) soil conservation measures; m (ii) land reclamation and land development works. (7) Marketing : (i) development of regulated markets and marketing yards; (ii) grading and quality control of agriculture products. THE ASSAM GAZETTE, EXTRAORDINARY, MAY, 6, 1994 (8) Social Foresty : (i) organise campaign for tree planting; (ii) planning and maintenance of trees; (9) Animal Husbandry and Dairying : (i establishment of veterinary hospitals and dispensaries; (ii) setting up of mobile diagnostic and clinical laboratories; (iii) breeding farms for cows and pigs; (iv) poultry farms, duck farms and goat farms; (v) common cold storage facilities for dairying, poultry and fishery products; (vi) foddar development programmes; ade (vii) promotion of dairy farming, poultry and piggery; (viii) prevention of epidamics and contagious diseases . box 109to (10) Minor Forest Produce and Fuel and Fodder : (i) promotion of social and farm forestry, fuel plantation and fodder development; (ii) management of minor forest products of the forests raised in community land; (iii) development of wasteland. (11) Fisheries : (i) fish seed production and distribution; (ii) development of Fisheries in private and community tanks; b (iii) development of inland fisheries; (iv) fish curring and drying; THE ASSAM GAZETTE, EXTRAORDINARY, MAY, 6, 1994 655 (v) assistance to traditional fishing; (vi) organising fish marketing co-operatives; (vii) welfare schemes for the uplift and development of fishermen. (12) HOUSEHOLD AND SMALL SCALE INDUSTRIES V INCLUDING FOOD PROCESSING); (i) identification of traditional skills in the locality and developing household industries; (ii) assistance of raw material requirement so as to ensure timely supply; ( iii) design and production to suit the changing consumer demand; (iv) organisation training programme for craftmen and artisans; (v) liasion to tap bank credit for this programme; (vi) popularising and marketing of finished (vii) industrial estates; (viii) organising khadi, handloom handicraft and village and cottage industries. (13) RURAL ROADS AND INLAND WATERWAYS : (i) construction and maintenance of roads other than National and State Highways; (ii) bridges and culvert coming under roads other than National and State Highways; ons (iii) construction and maintenance of office building of the Zilla Parishad; (iv) identification of major link roads connecting markets, educational institutions, health centres; producer THE ASSAM GAZETTE, EXTRAORDINARY, MAY, 6, 1994 (v) organising voluntary surrender of land for new roads and widening of existing road. (14) HEALTH AND HYGIENE : (i) establishment and maintenance of hospitals, primary health centres and despensaries except Civil Hospital, Medical College Hospital T.B. Sani- torium, Leprosy Hospitals and Mental Hospitals; a ibns (ii) implementation of immunisation and vaccination programme. (iii) health. education activities; (iv) maternity and child health activities; (v) family welfare activities; (vi) organising health camps with Anchalik and pollution. Fao Panchayats; (vii) measure against environment (15) RURAL HOUSING : 3 (i) identification of Houseless (ii) implementation of house building programme in egelliv buc the district; : 2YAV.(iii) Popularising low cost housing. ned: (16) EDUCATION : (i) promotion of educational activities including the establishment and maintenance of primary and secondary schools; disd: 10 (ii) planning of programmes for Adult Education and library facilities; (iii) extension work of propogation of science and technology to rural areas; (iv) survey and evaluation of educational activities ; THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994 657 (v) establishment and maintenance of general hostels, ashrams, schools and orphanages. doua (17) SOCIAL WELFARE AND WELFARE OF WEA- KER SECTIONS : zwobiw 251 Boluboro2 &1 (i) extension of educational facilities to the Scheduled Castes, Scheduled Tribes and Backward Classes by giving scholarship, stipends boarding, grants and other grants for the purpose of books and other accessories; O (ii) managing hostels for the benefit of Scheduled Castes and Scheduled Tribes; -1120100 (iii) organising nursery schools, Balawadies High schools and libraries to eradicate illiteracy and impart education; general 512.00-1937 (iv) conduct of model welfare centre and craft centres to train Scheduled Castes and Scheduled Tribes in cottage and rural industries; -bar Hlouz (v) managing residental basic schools for Scheduled Castes and Scheduled Tribes; (vi) providing facilities for marketing of goods produce by members of the Scheduled Castes duled Tribes; and Sche- (vii) organising co-operative societies of Scheduled Castes and Scheduled Tribes; (viii) other welfare schemes for the uplift and development of Scheduled Castes and Scheduled Tribes. (gmqq (18) PROVERTY ALLEVIATION PROGRAMME : (i) planning, supervision, monitoring and implementation of proverty alleviation programme. (19) SOCIAL REFORM ACTIVITIES : Isutri bas 89 (i) women's organisation and welfare; (ii) local vagrancy relief; THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, -ASMV belabedo2 bas (v) sanctioning and distributing of pension for widows, old and physically disabled, destitutes and allowances for unemployed and couples of inter-caste marriages in which one party is member of a Scheduled Castes or Scheduled Tribes; (vi) control of fire out breaks; (vii) campaign against superstitions, casteism, untouchability, alcoholism, expensive marriages, social functions, dowry and conspicuous consumption; (viii) encouraging community marriages and inter-caste marriages; belmbadbe (ix) vigilance against economic offences as smuggling, tax evasion, food (x) assistance for developing land assigned to landless labourers; sombong (xi) identify, free and rehabilitate bonded labourers; (xii) organise cultural and recreation activities; (xiii) encouragement of sports and games; and (xiv) give new form and social content to traditional festivals; (xv) verification of weights and measures in (shopping) establishment. (20) PROMOTION OF THRIFT. AND SAVINGS THROUGH : (a) promotion of saving habits; (b) small saving campaign; (c) fight against illegal money lending practices and rural indebtedness. (2) In addition, the Zilla Parishad may- gasisne adultera ti (iii) children's organisation and welfare; (iv) maintenance. of Social Welfare Institutions such as Poor Home, Orphanages, Rescue Shelters; THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994 659 (a) manage or maintain any work of public utility or any institution vested in it or under its control and management; (b) acquire and maintain village hats and markets; (c) make grants to Anchalik Panchayat and Gaon Panchayats; (d) co-ordinate and integrate the development plans and schemes prepared by Anchalik Panchayat in the district; (e) adopt measures for the relief to the people in distress; (f) examine and sanction the budget estimates of Anchalik Panchayats in the district; (g) undertake or execute any schemes extending to more than one Block; (h) take over the maintenance and control of any rural bridge, tank, ghat, well, channel or drain belonging to private owner or any other authority on such terms as may be agreed upon. (4) The Zilla Parishad may be vested by the State Government with such power under any Act as the Government may deem fit. (5) The Zilla Parishad of two or more adjacent districts may jointly undertake and execute any development schemes on such terms and conditions as may be mutually agreed upon. Zilla Parishad Fund a fund called the Zilla Parishad Fund and the fol- owing shall form part of or be paid into the Zilla Parishad Fund, namely :- 91. There shall be for every Zilla Parishad 30A (i) the amount transferred to the Zilla Parishad Fund by appropriation form out of the consolidated fund of the State ; (ii) all grants, assignments, loans, and contributions made by the Government; THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994 (iii) all fees and penalties paid to or levied by or on behalf of the Zilla Parishad under this Act and all fines imposed under this Act; TAIE (iv). all rents from land or other properties of the Zilla Parishad; (v) all interests, profits and other money acquired by gifts, grants, assignments or transfers from private individual or institutions. poimaio (vi) all proceeds of land, securities and other properties sold by the Zilla Parishad; Hilsdon A To a (vii) all sums received by or on behalf of the Zilla Parishad by virtue of this Act : Provided that sums received by way of endowments for any specific purpose shall not form part of or be paid into the Zilla Parishad Fund. Custody and 92. (1) The amounts at the credit of the fund shall be of Zilla pari held in a current accounts with the nearest branch of the investment had Fund. State Bank of India or any other Nationalised Bank or Assam Co-operative Apex Bank. berk (2) It shall be lawful for Zilla Parishad to deposit at interest, with the approval of the Government with the State Bank of India or any other Nationalised Bank or Cooperative Apex Bank in the State any surplus fund in the hands p which may not be required for current charges and with like sanction to invest such fund in securities of the Government of India or the State Government or in such other securities as the Government may, from time to time approve in this behalf and to vary such investment for dispute of such securities with like sanction. Application of Zilla Pari- 93. (1) Subject to the provisions of this Act and the shad fund rules made thereunder and such general or special orders as and Property. the Government may make, all property owned by, DOUT or vested in, the Zilla Parishad under this Act and all funds received by it and all sums accruing to it under the provisions of this Act or any ehontudininoo bas ensol enomangia hommevon odt vd ebem THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994 661 other law for the time being in force, shall be applied for the purpose specified in section 90 and section 92(2) and for all other boipurposes for which by or under this Act or any other law for the time being in force, powers are conferred or duties are imposed upon the Zilla Parishad: Provided that no expenditure shall be incurred out of the Zilla Parishad Fund unless provision thercof has been made in the budget or funds are obtained by re-appropriation duly. beapproved, except in such cases as may be prescribed by the Government: Provided further that not less than twenty per cent of the funds meant for welfare activities shall be utilised for the welfare of the Scheduled Castes and Scheduled Tribes. -01 D (2) The Zilla Parishad fund and all property held or vested in the Zilla Parishad under this Act shall be applied , subject to the provisions of this Act for the payment of - eslom oidsy (a) allowances to the President and Vice-President and travelling and daily allowances to the President and the Vice-President for tour within or outside the district and travelling and daily allowances to the members of the Zilla Parishad or any Committee thereof, subject to such rules as may be made in this behalf by the Government; (b) the salaries and allowances, pension and gratuity etc. of its officers and employees other than those whose salaries and allowances are paid from the consolidated fund of oildug the State; & (vi) (c) for the purpose specified in the Act; (d) any amounts falling due on any loans contracted obsa aiby the Zilla Parishad ; (e) all other purposes for which by or under this Act or the rules and regulations made thereunder, any noiisit Other law for the time being in force, powers are conferred or duties are imposed upon the Zilla Parishad ; abiv ogsmi giiq (f) with the previous sanction of the Government, for 10 any other purpose for which the application of such property or fund is necessary in public interest : berlais THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994 Provided that any amount granted to the Zilla Parishad by the Government or any person or local authority for any specific work or purpose shall be applied exclusively for such work or purpose and in accordance with such instruction as the Government may specify either generally or specially in this behalf. Rent and fees 94. Save as other wise provided in this Act and subject to the regulations made in this behalf, a Zilla Parishad may charge fee for any licence or permission issued by it under this Act and the rules made thereunder and levy rent and fee for the occupation or use of land or other property placed under its control or vested in it or maintained out of the Zilla Parishad Fund. Taxation 95. (1) Subject to sueh maximum rate, as the Government may prescribed, a Zilla Parishad may - (a) levy tolls in respect of any ferry established by it under its management ; (b) levy the following fees and rates, namely- (i) fees on the registration of boat or vehicle ; me ode (ii) a fee for providing sanitary arrangement at such places of worship or pilgrimage, fairs and melas within its jurisdiction as may be specified by the Govt. by notification. -sis2 16 bust be (iii) a fee for licence for fair or mela (iv) a lighting rate where arrangement for lighting public streets and places is made by the Zilla Parishad within its jurisdiction and (v) water rate, where arrangement for the supply of weter for drinking, irrigation or any other purpose is made by the Zilla Parishad within its jurisdiction. bo 101 (2) The Zilla Parishad shall not undertake registration of any vehicle or levy fee therefor and shall not provide sanitary arrangement at places of worship or) pilgrimage, fairs and melas within its jurisdiction or levy fee therefor if such vehicle has already been registered by any other THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994 663 b as sibus authority under any law for the time being in force or if such provision for sanitary arrangements has already been made by any other local authority. V b (3) The scale of tolls, fees and rates and the terms and conditions for the imposition thereof, shall be such as may be provided by bye-laws. Such bye-laws may provde for exemption from all or any of the tolls, fees or rates in any class or cases. Budget of Zilla Parishad. 96. (1) Every Zilla Parishad shall, at such time in such manner as may be prescribed, prepare in each year in budget: of its estimated receipt and disbursements for the following year and submit it to the Government through the Director of Panchayat and Rural Development, Assam. (2) The Government may within such time as may be prescribed, either approve the budgetvor return it to the Zilla Parishad for such modifications as it may direct. On such modifications being made, the budget shall be re-submitted within such time as may be prescribed for approval of the Government. If the approval of the Government is not received by the Zilla Parishad within thirty days from the date of submission or re-submission, as the case may be the budget shall be deemed to be approved by the Government. (3) No expenditure shall be incurred unless the budget is approved by the Government. (4) The Zilla Parishad may prepare in each year a supplementary estimate providing any modification of its budget and may submit it to the Government for approval within such time and in such manner as may be prescribed. Accounts. 97. A Zilla Parishad shall keep such accounts in such a manner as may be prescribed by the Government. Audit 98. (1) The audit of the accounts of the Zilla Parishad shall be carried out by the authority as may be prescribed by the Government and a copy of the audit note shall be forwarded to the Zilla Parishad within one month of completion of the audit. & 664 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994 At 10 somo1 mi (2) On receipt of the audit report referred to in sub-section (1) the Zilla Parishad shall either remedy any defects or irregularity which have been pointed out in the audit and send to the Government within three months or intimation of its having done so or shall, within the said perted, supply any further explanation to the prescribed authority in regard to such defects or irregularities as it may wish to give. Powers to 99. A Zilla Parishad may, with the previous sanction of the raise loans and forming Government and subject to the conditions imposed by it from no of a sinking time to time, raise loans for the execution of any work or for Fund. the purpose of carrying out any of the provisions of this Act and form a sinking fund for the payment of such loan. Prohibition 100. Except as hereinafter provided, payment of any sum of expendi- shall be made out of the Zilla Parishad Fund unless the ture not covered by expenditure of the same is covered by a budget grant except the budget. in the following cases, namely- (a) refund of moneys which the Zilla Parishad is authorised to make under this Act or the Rules and regulations made thereunder; (b) payment of moneys belonging to the contractors or other persons held in deposit and of moneys credited to the Zilla Parishad fund by mistake; (c) sums which the Zilla Parishad is required or empowered by this Act to pay by way of compensation; (d) every sum payable -- E(i) under this Act by order of the Government; ombud ati 10 (ii) under a decree or order of a Civil Court; and, mittw Isvong .bedi (iii) under a compromise of any suit or other legal proceedings, or claim. Govern- 101. It shall be lawful for the Government from ment's powertime to time to direct, by notification that any road, roads, to place bridge, channel, building or other property, movable or immovable or which is vested in the Government and 10 shad.om Which is situated in the district, shall with the consent of 50 other pre- perty with Zilla Pari- THE ASSAM GAZETTE, EXTRAORDINARY, MAY, 6, 1994 66 the Zilla Parishad, and subject to such exceptions and conditions as the Government may make and impose, be placed under the control and administration of the Zilla Parishad for the purpose of the Act and thereupon such road, channel, building, bridge and other property shall be under the control and administation of the Zilla Parishad, subject to all exceptions and conditions so made or imposed and to all charges and liabilities affecting the same : Provided that the Government by notification may resume any property placed under the control of a Zilla Parishad under sub-section (1) on such terms as the Government may determine. Staff of Zilla Parishad. 102. (1) The Government shall appoint an officer not below the rank of the Addl. Deputy Commissioner of a district as Chief Executive Officer of the Zilla Parishad. (2) The Government shall also appoint a Chief Accounts Officer and a Chief Planning Officer for each Zilla Parishad. (3) The Government shall post from time to time to work under every Zilla Parishad, such number of other officers of the State Government (including any officer appointed to such services from amongst person employed by existing local authorities) as the Government consider necessary. (4) Notwithstanding anything contained in this Act or any other law for the time being in force, the Government or any other officer or other authority authorised by it in this behalf shall have powers to effect transfer of the officers so posted either within the district or from one district to another district. (5) Under every Zilla Parishad there shall be such number of Grade-III and Garde-IV staff including technical staff as per staffing pattern prescribed by the Government. The Glass-I post of the Zilla Parishad shall be appointed oz/deputed by Government as per Section 140 (I). In respect of the provincialised Panchayat employees the Director of Panchayat and Rural Development shall be the appointing authority. (6) Notwithstanding anything contained in this Act or any other law for the time being in force, the Director of Panchayat and Rural Development, Assam have THE ASSAM GAZETTE, EXTRAORDINARY, MAY, 6, 1994 powers to effect transfer of the provincialised staff so appointed either within the district or from one district to another district. (7) The staff as under sub-clause (5) and (6) in position in the Mahkuma Parishads comprising the district immediately prior to the enactment of this Act shall be absorbed in the Zilla Parishad concerned. (8) The Government may, from the specified date constitute such services for cach Zilla Parishad as may be prescribed. Functions of the Chief Ex- 103. (1) Save as otherwise expressly provided by or ecutive and under this Act, the Chief Executive Officer shall- other officers of the Zilla Parishad. (a) carrycut the policies and directions of the Zilla Parishad and take necessary measures for the speedy execution of all works and developmental schemes of Zilla Parishad; (b) discharge the dutics imposed upon him, by or under this Act, or the rules and regulations made thereunder; (c) supervise works of the officers and officials of the Zilla Parishad under the general Superintendance of the President of the Zilla Parishad and under such rules as may be prescribed; (d) have custody of all papers and documents relating to Zilla Parishad; and (e) draw and disburse money out of the District Rural Development funds and exercise such other powers and perform such other functions as may be prescribed. (2) The Chief Executive Officer shall be the Ex-officio Secretary of the Zilla Parishad and may take part in the discussion but shall not have right to move any resolution or to vote. If in the opinion of the Chief Executive Officer any proposal before the Zilla Parishad is violative of or inconsistent with the provision of this Act or any other law or the rules or order made thereunder, it shall be his duty to bring the same to the notice of the Zilla Parishad. THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994 667 (3) The Chief Accounts Officer shall advise the Zilla Parishad in matters of financial policy and shall be responsible for all matters relating to the accounts of the Zilla Parishad including preparation of annual accounts and the budget. (4) The Chief Accounts Officer shall ensure that no expenditure is incurred except under proper sanction and in accordance with this Act and the rules and regulations thereunder and shall disallow any expenditure not warranted by the Act or Rules and Regulations or for which no provision is made in the budget. (5) The Chief Planning Officer shall advise the Zilla Parishad in matters of plan formulation and shall be responsible for all matters relating to planning of the Zilla Parishad including the preparation of plan of economic development and social justice and annual plan for the district. Right to req- 104. (1) Every person in possession of money, &c- uisition cord. re counts, records or other property pertaining to a Gaon Panchayat or Anchalik Panchayat Zilla Parishad shall on the requisition in writing of the Chief Executive Officer for this purpose, forthwith handover such money, or deliver up such accounts, records or other property to the Chief Executive Officer or the person authorised in the requisition, to receive the same. (2) The Chief Executive Officer may also take steps to recover any money due by such person in the same manner and subject to the same provisions as in the rele -. vant Land Revenue Act for the recovery of the arrear of land revenue from defaulters, and for the purpose of recovering the accounts, records or other property, pertaining to the Gaon Panchayat or Anchalik Panchayat or Zilla Parishad may issue a search warrant and exercise all such powers with respect thereto as may lawfully be exercised by a Magistrate under the provisions of Chapter- VII of the Code of Criminal Procedure (Central Act-2 of 1974). (3) Every person knowing where any money, accounts, records or other property pertaining to a Gaon Panchayat or a Anchalik Panchayat or Zilla THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, Par shad are concealed, shall be bound to give information of the sase to the Chief Executive Officer. (4) An appeal shall lie from an order of the Chief Executive Officer under this Section to the Government. CHAPTER-VII SETTLEMENT OF HATS, GHATS, FERRY, ETC., & DISTRIBU- TION OF PROCEEDS & MAINTENANCE & REGULATION THEREOF. Settlement of 105. (1) All Hats within the territorial jurisdiction of Anchalik Hats by An-Panchayat shall be settled in the manner prescribed for a period chalik Pan coinciding with and not exceeding one Panchayat financial year by chayats. inviting tenders at the office of the Ancbalik Panchayat by its President. (2) Detailed procedure for inviting and submission of such tenders shall be such as may be prescribed. (3) The powers of examination and final acceptance of such tenders shall be vested in the Standing Committee referred to in Section 52 (1) (a). (4) All settlement made under sub-section (3) shall be subject to the confirmation of the Zilla Parishad: Provided that in case of any dispute, the Anchalik Panchayat may refer such case to the Government and the aggrieved party may appeal to Government whose decision in this regard shall be final. (5) Failure to settle any Hat for want of adequate value, the Anchalik Panchayat, as may be decided by the Zilla Parishad, may be entrusted with the direct management of such Hat by the Anchalik Par chayat. (6) Ali sale proceeds of hats shall be deposited in the Anchalik Panchayat fund and distributed in the manner hereinafter prescribed .- (a) an amount equivalent to twenty percent of the total sale proceeds of Hats, shall be made over to the Zilla Parishad funds ; and (b) an amount equivalent to forty percent of the sale proceeds of Hats shall be equally distributed to all the Gaon Panchayats under the Anchalik Panchayat and remaining forty percent retained in the Anchalik Panchayat Fund : Provided that amount due if any, on account of annual instalment for repayment of the loan with interest incurred by the erstwhile Mahkuma Parishad, Anchalik Panchayat and Gaon Panchayat for improvement of hats falling within the jurisdiction of the Anchalik Panchayat and Gaon Panchayat concerned shall be paid out of the forty percent THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994 669 share of sale proceeds of hats madeover to Anchalik Panchayat or Gaon Panchayat as the case may be. Settlement of 106. '1) All Public Ferries, other than Government ferries within the Public Ferriesterritorial jurisdiction of the Anchalik Panchayat shall be settle in the and distribu manner prescribed for a period coinciding with and not exceeding one tion of sale Panchayat financial year by inviting tenders at the office of the Anchalik pro cee ds Panchayat by its President. thereof. (2) Detailed procedures for inviting and submission of such tenders shall be such as may be prescribed by the Government. (3) The powers of examination and final acceptance of such tenders shall be vested in the Standing Committee as under Section 52 (I) (a). (4) All settlement made under sub-section-(3) shallbe subject to the confirmation of the Zilla Parishad : Provided that in case of any dispute the Anchalik Panchayat may refer such cases to the Government andthe aggrieved party may appea to Government whose decision in this regard shall be final: Provided further that as and when deemed necessary, the Government , nay intervene in the matter of a particular settlementand its decision in this regard shall be final: Provided furtber that the State Government may issue order to Anchalik Panchayat for the settlement of a public ferry falling within the jurisdiction of more than one Anchalik Panchayat or Zilla Parishad (5) All sile proceeds of public ferry shall be deposited in the Anchalik Panchayat Fund and thereafter the proceeds of inter Anchalik Panchayat public ferry, if there be any, shall be equitably distributed to the Anchalik Panchayat concerned and thereafter the proceedste mai- ning in an Anchalik Panchayat Fund shall be distributed in the manner hereinafter provided : (a) an amount equivalent to twenty percent of the sale pro- creds of public ferry shall be made over to the Zilla Parishad Fund; (b) an amount equivalent to forty percent of the sale proceeds of public ferries shall be retained in the Anchalik Panchayat Fund: Provided that the Anchalik Panchayas shall meet all expences, if there be any, for maintenance and improvement of the public ferries from out of the forty percent share of sale proceeds of public ferries received by it: Provided further. that if any Anchalik Panchayat fails to make improvement of or neglect to maintain the portion of the inter-Anchalik Panchayat Public ferry falling within the THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994 Jurisdiction of the Anchalik Par chayat, such expenditure incurred for maintenance and improvement shall be deducted from the share of the defaulting Anchalik Panchayat. (c) An amount equivalent to forty percent of the sale proceeds of public ferries shall be equally distributed among all the aon Panchayats falling within the jurisdiction of the Anchalik Panchayat. () The sale of all public ferries falling within two or more An- chalik Panchayats shall be conducted by the Anchalik Panchayats by rotation every year. In case of dispute between wo Anchalik Panchayats the ma ter shall be referred to the Zilla Parishad/Government, whose decision shall be final. Settlement of 107. The powers of settlement of private hats, ghats and fisheries private hat, ghat, and fi-etc. under the jurisdiction of the Gaon Panchayat shall be vested in sheries etc. the Standing Committee as under sub-section (1) (i) of Section-22. by the Gaon Panchayat. Transfer of 108. (1) Notwithstanding anything in any law for the time being Government in force, the State Govern bent shall transfer such Government fisheries the Gaon to Fishery which has fetched an income of rupees twenty-five thousand Pancha yator less in a year to the Gaon Panchayat within the jurisdiction and Anchalik which the fishery is situated: Panchayat. Provided that a transfer under this sab.siction shall be given effect from the next following year of such income. (2) The Government shall transfer Government Fisheries whose Aannual sale value is more than rupees Twenty-five thousand and less than rupees one lakb with power of their control and administration to the Anchalik Parchayat within the jurisdiction of which such fisheries are situated. Settlement of 109. (1) Save as otherwise provided in this Act or rolesf ame there- Fisheries and under, all fisheries of an Anchalik Panchayat shall be settled by the distribution Anchalik Panchayat in the manner prescribed for a period coinciding of proceeds with or not exceeding one Panchayat financial year by inviting tender thereof. at the office of the Anchalik Panchayat by its President. (2) Detailed procedure for inviting and submission of such tenders shall be such as may be prescribed. (3) The powers of examination and final acceptance of such tenders shall be vested in the Standing Committee referred to in Section-52 (i) (a). (4) All Settlement made under sub section (3) shall be subject to the confirmation of the Zilla Parisbad: THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994 671 Provided that in case of any dispute, the Anchalik Panchayat may refer such cases to the Government and the aggrieved party may appeal before Gov roment whose decision in this regard shall be final : Provided further that as and when deemed necessary, the Government may intervene in the matter of a particular settlement and its decision in this regard shall be final. (5) All sale proceeds of public fisheries shall be deposited in the Anchalik Panchayat find and shall be distributed in the manner hereinafter provided. (a) Twenty per cent of the total sale procreds of Anchalik Panchayat fisheries shall be made over to the Zilla Parishad fund. (b) Forty per cent of the total sale proceeds of the Anchalik Panchayat fisheries shall be retained with the Anchalik Panchayat Fund, (c) Forty per cent of the total sale proceeds of Anchalik Panchayat fisheries shall be distributed equally among the Gaon Panchayats falling within the jurisdiction of the Anchalik Panchayat. (6) The Hats, Ferries and Fisheries falling under any Anchalik Panchayat within the jurisdiction of Zilla Parishad, the yearly sale value of which is more than rupees one lakh and less than three lakhs shall be settled by the Zilla Parish d concerned for a period coinciding with and not exceedi g one Panchayat Financial year as under Sections 105,106 and 109 in the manner prescribed The powers of examination and final acceptance of such tenders shall be vested in the Standing Committee as under Section 81 (1) (a). The distribution of sale proceeds shall be in the manner as prescribed in the foregoing sections Hats situated 110. (1) Notwithstanding anything contained in the Assam Muni- in the area cipal Act, 1956 the sale proceeds of ary hat situated in the area which excluded has been excluded after commencement of this Act from the territorial from a Gaon Panchayat jurisdiction of the Gaon Panchayat and included in the territorial and included jurisdiction of the Town Committee or Municipality, shall be equally in Town Co-apportioned - by the State Government for three succeeding years mmittees or following the year of such transfer of the area. Municipality (2) For any loan incurred by a local authority for improvement of a hat situated in the area which bas been excluded from the territorial jurisdiction of Town Committee or Municipality, the liability or repayment of such loan with interest, shall be transferred to such Town Committee or Municipality, under order of the Government. THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, CHAPTER VIII DIS QUALIFICATION OF THE PRESIDENT, VICE-PRESIDENT & MEMBER OF ZILLA PARISHAD, ANCHALIK PANCHAYAT AND GAON PANCHAYAT. Disqualifica- 111. No Person shall tions: be elected or co-opted and remain as President, Vice-President or Member of Zilla Parishad, Anchalik Panchayat and Gaon Panchayat, if he or she - (a) has been convicted of an offence involving moral turpitude Or ordered to give security for good behaviour under Section 110 of the Code of Criminal Procedure, 1973, unless a period of four years has lapsed on the date fixed for holding election from the date of his release in case of a sentence or imprisonment and in case of sentence other than imprisonment from the date of conviction; or (b) has been dismissed from Government service for commission of act involving moral turpitude unless a period of five years has elapsed on the date fixed for holding election from the date of his dismissal ; or (c) applies to be declared as an uncertified bankrupt or undischarged insolvent ; (d) has been proclaimed a tout under the Legal Practitioners Acts or (e) holds any service. of profit under Government (or any educational institution recognised and receiving grant from the Govern ment) or holds remunerated office under Zilla Parishad, Anchalik Panchayat and Gaon Panchayat or holds any contract under any of the aforesaid bodies or under the Government ; or (f) has been during the four years immediately preceding the date of election convicted of an offence punishable under Section 135, or clause (a) or sub-section (2) of Section 136 of the Representation of Peoples Act., 1951 or has been found by a competent autho. rity to have resorted to corrupt practice resulting in setting aside of his election to any local body or to any legislature in India ; or (g) has been defaul.er of payment of any rate, tax cess or fee imposed under the provisions of this Act and the Rules framed thereunder or of any loan of cooperative society; (h) if any question arises as to whether a member of a Pancha yat body at any level has become subject to any of the disqualifications under this section, the question shall be referred for decision of such authority and in such manner as the Government may by law provide ; THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994 673 (i) if a person who is chosen as a member of a Parcha at is or becomes member of the House of the People, the State Legislative A semoly or is or becomes a Municipal Councillor or a Councillor of a Municipal Corporation or a member of a Town Committee, then within fifteen days from the cate of commencement of the term or office of a member of the House of People, the State Legislative Assembly or of > Municipal Corporation or Councillor of Municipality or member of Town Committee, his seat in the Panchayat shall become vacant unless he has previously resigned his seat in the House of People, the State Legisla ive Assembly or the Municipality or the Municipal Corporation or the town committee as the case may be ; (j) no person shall be disqualified on the ground that he is less than twentyfive years of age, if he has attained the age of eighteen years. CHAPTER-IX GENERAL POWERS OF INSTRUCTION, SUPERVISION AND CONTROL OF STATE GOV ENMENT e General Po- 112. (i) The Officers as are empowered by the Government in wers of Go- this behalf shall have general powers of inspection, supervision, vernment. over the performance of the ad inistra ive duties of a Zilla Parishad, Archalik Panchayat or Gaon Pancha at and without prejudice to the generality of the foregoing powers may ;- diaG (a) enter into and inspect any immovable property in the occupation or control or any work in progress under the direction of a Zilla Panshad, Anchalık Panchayat or Gaon Panchaya ; (b) call for and inspect any document which may, for the purpose of this Act, be in the possession or control of a Zilla Parishad, Anchalik Panchayat or Goan Panchayat ; (c) require, by an order, in writing a Zilla Parishad, Anchalik Panchayat. or Gaon Panchay at to furnish such statements, accounts, reports, proceedings as they think fit; (d) give such advice in writing in respect of the administrative works, duties and proceedings as they think necessary, also see that all proceedings of a Zilla Parishad, Anchalik Panchayat or Goan Par- chayat are in conformity with law and manual any proceedings which is considered not to be in conformity with law and may do all things necessary to secure such conformity; (e) institute an enquiry in respect of any matter relating to a Zilla Parishad, Anchalik Panchayat or Gaon Panchayat and ractify any actor omission. THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, CHAPTER-X CONSTITUTION OF FINANCE COMMISSION AND STATE ELECTION COMMISSION FOR PANCHAYAT BODIES, Finance Co- 113. The State Government shall as soon as may be, within mmission. one year from the date of commencement of the Constitution (seventy-third amendment) Act, 1992 and thercafter at the expiration of every fifth year constitute a Finance Commission to review the financial position of the Panchayats and to make recommendations to the Governor as to- (a) the principles which should govern- (i) the distribution between the State and the Panchay ats net proceeds of the taxes, duties, tolls and fees leviable by the State which may be divided between them and allocation between Panchayats at all levels of their respective share of such proceeds. (ii) the determination of the taxes, duties, tolls and fees which may be assigned to or appropriated by the Panchayats (iii) the Grants-in-aid to the Panchayats from the consolidated fund of the State. marca Ở (b) the measures needed to improve the financial position of the Zilla Parishads, Anchalik Panchayats and Gaon Panchayats. (c) any other matter referred to the Finance Commission by the Governor in the interest of sound firance of the Panchayats ; (2) The Finance Commission shall consists of Chairman Śnd two other members to be appointed by the Governor. (3) The Chairman and the members of the Finance Commission shall possess such qualification and shall be appointed in such manner as may be prescribed by Government. (4) The Finance Commission shall determine its procedures. (5) The Chairman or a member of the Finance Commission may resign his office by writing under his hand and addressed to the Chief Secretary to the Government of Assam, but he shall continue in his office until his resignation is accepted by the Government. (6) The casual vacancy created by the resignation of the member or Chairman under sub-section (5) or for any other reason, may be filled by fresh appointment and a member or Chairman so appointed shall hold office for the remaining period for which the member or Chairman in whose place he has been appointed would have held office. THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994 675 (7) The Commission shall have the following powers in the performance of its functions namely- (a) to call for any record from any Officer or authority ; (b) to summon any person to give evidence or produce records ; and (c) such other powers as may be prescribed. (8) The Governor of the State shall cause every recommendation made by the Finance Commission under this section together with an explanatory memorandum as to the action taken thereon to be laid before the House of the State Legislature. State Panchayat Elec- 114. (1) The Superintendence, direction and control of the tion Commi-preparation of electoral roll for, and the conduct of all ssion. election to the Panchayat shall be vested in a State Election Commission consisting of a State Election Commissioner to be appointed by the Governor. Cod (2) The conditions of service and tenure of office of the State Panchayat Election Commissioner shall be such as the Governor, may by rule determine, provided that the State Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a judge of the High Court and the conditions of service of the State Panchayat Election Commissioner shall not be varied to his disadvantage after his appointment, (3) The Government shall when so requested by the State Election Commissioner, make available to the State Election Commission such staff as may be necessary for the discharge of the functions conferred on the State Panchayat Election Commission under this Act. (4) Subject to the provisions of Constitution of India, as amended, the State Legislature may by law, make provision with respect to alt matters relating to, or in connection with Election to the Panchayats. 676 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994 CHAPTER-XI MISCELLANEOUS : Powers over 115. Every Panchayat shall have powers to revise or modify decision of Committees, any decision taken by any of its Committees. laws. Powers of 116. (1) A Gaon Panchayat may, subject to the provisions chayat Gaon Pan- of the Act and the rules made thercunder and with the make bye- previous sanction of the Zilla Parishad, make bye-laws to carry out the purposes of this Act in so far as it relates to its powers and duties. (2) In particular and without prejudice to the generality of the foregoing power, a Gaon Panchayat may make such bye-laws as may be required to discharge the function and duties entrusted to it under section 19 de (3) In making any bye-laws under sub-section (1) and (2) the Gaon Panchayat may provide that a contravention thereof shall be punishable with such fine as may be prescribed. (4) Any such bye-laws may also provide that a person contravening the same, shall be required to remedy so far as it lis in his power, the mischief, if any, caused by such contravention. aid c (5) All bye-laws made under this section shall be subject to the condition of previous publication and such publicas tion shall be made in such manner as may be prescribed. odt Powers 1cof 117. (1) An Anchalik Panchayat may, subject to the provisions Anchalik Pa- of this Act and the rules made thereunder and with the pre- nchayat lidt make regu- Vlous sanction of the Government, by notification, make relations. gulations to carry out the purposes of this Act in so far as it relates to its powers and duties. .sibal lo noituji goiaivoiq odsma ws! droitosnnos. (2) The regulations made under sub-section (1) shall be subject to the condition of previous publication and such publication shall be made in such manner as may be prescribed, THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994 677 Powers of 118. (1) A Zilla Parishad may, subject to the provisions Zilla Parishad to ma- Of this Act and the rules made thereunder and with the previous sanction of the Government, by notification, make regulations to carry out the purposes of this Act in so far as it relates to its powers and duties. tions. (2) The regulations made under sub-section (1) shall be subject to the condition of previous publication and such publication shall be made in such manner as may be prescribed. Power of Go- 119. (1) The Government may subject to the provisions of this vernment to make model Act, the rules made thereunder and after previous publi- regulations. cation of the draft for not less than one month, make model regulations and bye-laws for Goan Panchavat, Ancha- lik Panchayats and Zilla Parishads. (2) A Gaon Panchayat, Anchalik Panchayat or Zilla Parishad may, by resolution adopt the model bye-laws or regulations, as the case may be made under sub-section (1), and such bye-laws and regulations shall come into force within the jurisdiction of the Gaon Panchayat, Anchalik Panchayat or Zilla Parishad from such date as the Gaon Panchayat, Anchalik Panchayat or Zilla Parishad, as the case may be may specify in a notice published in the prescribed manner. Powers of 120. (1) When on account of the reason that the limits of to dissolve Government a Panchayat area is altered, the Government may by order and recons published in the Official Gazette dissolve such Panchayat, titute Pan-from a date, specified in the order and direct that Gaon chayat in the alteration of Panchayat, Anchalik Panchayat and Zilla Parishad concer- limits of ned ; Panchayat area. (i) be re-constituted for the Panchayat area of which the Gaon Panchayat or of which Anchalik Panchayat or the district of which the Zilla Parishad has been dissolved ; or (ii) be established for a Panchayat area, block or district which has been newly re-constituted. (2) The member of the Gaon Panchayat, Anchalik Panchayat or Zilla Parishad which has been dissolved under sub-section (1) shall vacate their office from the date specified in the order of the Government. THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994 3) The Gaon Panchayat, Anchalik Panchayat or Zilla Parishad re-constituted or re-established under the provisions of sub-section (1) shall consist of members nominated by the Government and such member shall be persons who are members of the Gaon Panchayat, Anchalik Panchayat or Zilla Parishad which has been dissolved under sub-section (1). (4) The Chairperson of Gaon Panchayat, Anchalik Panchayat or Zilla Parishad shall be elected in the manner provided in this Act. di (5) The term of the Gaon Panchayat, Anchalik Panchayat or Zilla Parishad so constituted or established shall be for such period not exceeding six months as the Government may by order specify. - (6) Before the expiry of the term of the Gaon Panchayat, Anchalik Panchayat or Zilla Parishad in accordance with the provisions of sub-section (5) a Gaon Panchayat, Anchalik Panchayat or Zilla Parishad shall be constituted b in the manner provided by this Act : Podle Provided that where the reminder of the period for which the Gaon Panchayat, Anchalik Panchayat or Zilla Parishad would have continued is less than six months, it shall not be necessary to hold an election under this section for constituting a Goan Panchayat, Anchalik Panchayat or Zilla Parishad for such period. (7) A Gaon Panchayat, Anchalik Panchayat or Zilla Parishad constituted under sub-section (6) shall continue only for the reminder of the period for which the dissolved Gaon Panchayat, Anchalik Panchayats or Zilla Parishad would have continued had it not been dissolved. eib (8) When a Gaon Panchayat, Anchalik Panchayat or Zilla Parishad has been dissolved and reconstituted or re-established under this section so much of the Gaon Panchayat, Anchalik Panchayat or Zilla Parishad fund and other property vested in the Gaon Panchayat, Ahchalik Panchayat or Zilla Parishad which has been dissolved shall vest in and such portion of the debts and obligations shall be transferred to the Gaon Panchayat, Anchalik Panchayat or Zilla Parishad re-constituted or re-established under this section as the Government may by order in writing direct. THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994 679 (9) The rights and liabilities of the Gaon Panchayat, Anchalik Panchayat or Zilla Parishad which has been dissolved in respect of Civil or Criminal proceedings, contracts agreements and other matters or things arising in and relating to any part of the area subject to the authority of the Gaon Panchayat, Anchalik Panchayat or Zilla Parishad re constituted or re-established shall vest in such Gaon Panchayat, Anchalik Panchayat or Zilla Parishad. (10) Any appointment, notification, notice, tax, order, scheme, licence, permission, rule, regulations or form made, issued, imposed or granted by the Gaon Panchayat, Anchalik Panchayat or Zilla Parishad which has been disosolved in respect of any part of the area subject to the authority of the Gaon Panchayat, Anchalik Panchayat or Zilla Parishad which has been reconstituted or re-established shall be deemed to have been made, issued, imposed or granted by such Gaon Panchayat, Anchalik Panchayat or Zilla Parishad unless and until it is suspended by any appointment, notification, notice, order, scheme, licence, permission, rule, regulations or form made, issued imposed or granted by such Gaon Panchayat. Anchalik Panchayat or Zilla Parishad. (11) If any difficulty arises in giving effect to the provisions of the preceding sub-section, the Government may by order published in the official Gazette, as the occasion may require, do anything which appears to it necessary to remove the difficulty. Inquiry into 121. (1) The Government may, at any time for the affairs of reason to be recorded, cause an enquiry to be made the panchay against any of its Officers in regard to any Gaon Pan- ats by the Government.chayat, Anchalik Panchayat or Zilla Parishad on matters concerning it, or any matters with respect to which the sanction, approval, consent or orders of the Government is required under this Act. CO Isis (2) The Officer holding such inquiry shall have the powers of the Civil Courts under the Code of Civil Procedure, 1908 to take evidence and to compel attendance of witnesses and production of documents for the purpose of inquiry. 0 5.0 0101d THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994 Direction 122. (1) Notwithstanding anything contained in this from Government. Act, it shall be lawful for the Government to issue directions to any Panchayat in matters relating to State and national policies and such directions shall be binding on the Panchayat. (2) The Government may -- (a) call for any record or register or other document in possession or under the control of any Panchayat ; (b) require any Panchayat to furnish return, plan, estimate, statement, accounts or statistics ; and (c) require any Panchayat to furnish any information or report on any matter connected with such Panchayat. Restriction or 123. (1) Notwithstanding the transfer of any powers, functions and duties in respect of any matter to a withdrawal of powers and functions Panchayat under this Act. the Government on a pro- Panchayats. posal from the Panchayat in that behalf of where it from the is satisfied that by reason of a change in the nature of the matter such as the conversion of a primary health centre into a secondary health centre or conversion of seed multi- plication farm into an agricultural research farm or a road becoming a part of a high-way and any other such things, the matter would cease to be a matter in the relevant Panchayat functions list and it is necessary to withdraw from the Panchayat, the powers, functions or duties in respect of such matter may, by notification in official Gazette withdraw such powers, functions and duties with effect from the date specified in the notification and make such incidental and consequential orders as may be necessary to provide for matters including the taking over of the property, rights and liabilities if any, vested in the Panchayat and of the staff if any, 3 which may have been transferred to the Panchayat as the case may be. ed SV livi comsonstte (2) The Government may, by notification in the official Gazette amend or add any activity, programme or scheme covered or mentioned under Section- 19, Section-49 and Section-90 and on the issue of such notification, the relevant Panchayat functions list shall be deemed to have been amended accordingly. Every such notification shall be placed before the House of State Legislature. THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6 1994 681 Zilla Parishad 124. (1) If in the opinion of the Zilla Parishad, the Suspending execution of any order or resolution of a Gaon Pan- power of and executingchayat or any order of any authority or officer of a power, order etc. of the Gaon Panchayat or the doing any thing which is about Gaon Panch-to be done, is improper or is causing or is likely ayat. to cause injury or annoyance to the public or to lead to a breach of peace, it may, by order suspend the execution or prohibit the doing thereof. (2) When the Zilla Parishad make an order under Sub-Section (1) it shall forthwith forward to the Government and to the Gaon Panchayat effected thereby, a copy of the order with a statement of reasons for making it, and it shall be in the discretion of the Government to confirm or rescind the order and to direct that it shall continue to be in force with or without modification permanently or for such period as it thinks fit : Provided that no order of the Zilla Parishad passed under this section shall be confirmed, revised or modified by the government without giving the Gaon Panchayat a reasonable opportunity of showing cause against the said order. 125. (1) If in the opinion of the Government, a Gaon Panchayat, Anchalik Panchayat or Zilla Parishad exceeds or abuses its powers or is not competent to perform or make persistent default in the performance of the duties imposed on it under this Act or any other law for the time being in force, the Government may, by an order published in the official Gazette dissolve such Gaon Panchayat or Anchalik Panchayat or the Zilla Parishad as the case may be. 1952 (2) Before publishing an order under Sub-Section (1), the government shall communicate to the Gaon Panchayat or the Anchalik Panchayat or the Zilla Parishad, as the case may be, the grounds on which it proposes to do so, fixed a reasonable period for The Panchayat concerned to show cause against the proposal and consider its explanation or objection, if any. (3) When a Gaon Panchayat or an Anchalik Panchayat or a Zilla Parishad is dissolved all the members of the Dissolution of Panchayat. THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994 Gaon Panchayat or the Anchalik Panchayat or the Zilla Parishad shall, from the date specified in the order, vacate their offices as such members. 8 10 . 1 Juode vis 21 (4) If a Gaon Panchayat or an Anchalik Panchayat or a Zilla Parishad is dissolved ; robnus (a) all the powers and duties of the Gaon Panchayat or Anchalik Panchayat or Zilla Parishad shall during ther period of its dissolution be exercised and performed by such person or persons as the Government may from time to time appoint in this behalf ; si bus (b) all the property vested in the Gaon Panchayat or Anchalik Panchayat or Zilla Parishad shall, during the period of dissolution vest in the government and ; (c) the persons vacating office on dissolution shall be eligible for re-election. de Preparation 126. (1) Every Gaon Panchayat shall prepare every of Develop- year a development plan and submit it to the Anchalik ment plans. Panchayat before such date and in such form as may be prescribed by the District Planning Committee as under Section 3 (1). (2) Every Anchalik Panchayat shall prepare every year a development plan for its area after including the development plans of the Gaon Panchayats and submit it to the Zilla Parishad before such date and in such form as may' be prescribed by the District Planning Committee as urader Section 3 (1). (3) Every Zilla Parishad shall prepare every year a development plan of the district after including the development plans of the Anchalik Panchayats and submit it Jevsdon 20 ob o before such date and such form as may be prescribed by the bors District Planning Committee, to the Distict Planning Committee, constituted under section 3(I) of this Act. ¡do Constitution 127. (1) The Government shall constitute such of Panchay- Panchayat Election Tribunals as may be necessary, at Election Tribunal. on the recommendation of the High Court to dispose of all direct election petitions challenging THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994 683 elections under this Act. The jurisdiction, powers and functions and the headquarters of the Tribunal shall be decided by the Government in consultation with the High Court, except as provided in section 10 of this Act. Annual Ad- 128. (1) As soon as may be after the first day Report. of July in every year and not later than the thirty-first day of August every year, the Executive Officer of the Anchalik Panchayat shall place before the Ancha- lik Panchayat a report of the Anchalik Panchayat during the preceding Panchayat year in such to soto form and with such details as the Government may direct and shall forward the report with the resolution of Anchalik Panchayat thereon to the Government by the thirtieth of September of every year. (2) As soon as may be after the first day of July every year, the Chief Executive Officer of the Zilla Parishad shall prepare a report on the Administration of the Zilla Parishad during the preceding Panchayat year in such form and with such detail as the Government may direct and submit tto the report to the Zilla Parishad. 2290 bus bol After approval by the Zilla Parishad it shall be sub- aser mitted to Government by the thirtieth of September every year. ba (3) The report submitted to the Government under sub-section (2) shall together with a memorandum by the Government reviewing the working of the Zilla Parishad be laid before the State Legislature. Bar to inter -. 129. Notwithstanding anything contained in this Act. ferenct > by Courts in electoral matters. utit (a) the validity of any law relating to the delimitation of constituencies on the allotment of seats to such constituencies, made under Article 243 of the Constitution of India shall not be called in question in any court. (b) no election to any Panchayat shall be called in que- [sin ystion except by an election petition presented within sixty 919wndays from the date of declaration of election results to the edt . 10 Tribunal constituted under section 127. df THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994 Repal and Saving. 21 130. All the Panchayats existing immediately before the commencement of this Act, shall continue till the H expiration of their duration as under the Assam Panchayati Raj Act, 1986 unless sooner dissolved by a resolution passed to that effect by the Legislative Assembly of the State. previous Act. Repeal of 1 131. (1) On and from the date on which this Act comes into force, the Assam Panchayati Raj Act, 1986 shall be deemed to be repealed. prinb Provided that- dtiw brevi (a) till such time when new Rules are framed before the expiry of one year from the coming into force of 73rd Amendment of the Constitution Act the rules framed under 1986 Act, shall remain valid ; IT (b) the said repeal shall not effect the validity or invali- s dity of anything already done under the said enactment ; ba (c) all rules and bye-laws, notifications, orders, appointments made, permissions and sanctions granted, taxes, cess, fees, or rates levied, contract entered into, suits instituted and proceedings taken under the Assam Panchayati Raj Act, 1986 and in force immediately before the commencement of this Act, shall continue to be in force and so far as they are not inconsistent with this Act, shall be deemed to have been retrospectively made, granted, levied, entered into, instituted and taken under this Act until new provisions are made under this Act ; grit bereits (d) all assets and liabilities including the funds which are vested in erstwhile Gaon Panchayats, Anchalik Panchayzas and Mahkuma Parishads under the provisions of the Assam Panchayati Raj Act, 1986, shall vest in the Dy, Commissioner or the Sub-divisional Officer as the case may be and shall be held by him in trust until it can be made over to the Gaon Panchayats, Anchalik Panchayats and Zilla Parishads constituted under this Act under the jurisdiction of which the area of the erstwhile Gaon Panchayat, Anchalik Panchayat and the Mahakuma Parishad is included ; foilstir -0100 to noit (e) notwithstanding the repeal of the Assam Panchayati Raj Act, 1986, any arear of taxes, cess, fees and rates which were levied by the Gaon Panchayats, Anchalik Panchayats, or the THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994 685 Mahkuma Parishads, under provisions of the Assam Panchayati Raj Act, 1986, or any amount of money on account of fine or otherwise which was due to the Gaon Panchayat, Anchalik Panchayat or Mahkuma Parishad under the Assam Panchayati Raj Act, 1986, shall be recovered by the Gaon Panchayat, An- chalik Panchayat and the Zilla Parishad, as the case may be and credited into the respective Panchayat Fund ; (f) any penalty, forfeiture or punishment incurred in respect of any offence committed against the said Act ; or (g) any investigation, legal proceeding or remedy in respect of such right, privilege, obligation, liabilities, forfeiture or punishment aforesaid and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture, or punishment may be imposed as if this Act had not been passed. (2) When a Gaon Panchayat or Anchalik Panchay at or Zilla Parishad is dissolved, all the members of the Gaon Panchayat, Anchalik Panchayat or Zilla Parishad, shall from the date of dissolution, vacate their offices as such members; ib b bas etsvedo (3) The persons vacating office ontsdissolution shall be elligible for reelection or reromination.11101us Removal of difficulties. 132. If any difficulty arises in giving effect to the provisions of this Act, the Government may take such necessary action so long as these are not repugnant to the main objectives and provisions of this Act. .881 70 bout boysb bersbilo (a) The State Government may by notification constitute a standing committee of Legislatures to resolve disputes between the district administration and the Zilla Parishad. Vesting in of 133. When the provisions of this Act are withdr- properties ste., of pan- awn from Ys any Zilla Parishador Anchalik Panchayat bodies on with- chayat or Gaon Panchayat area, all the proper- drawal of ties, funds and dues, which were vested in such provision of Zilla Parishads, Anchalik Panchayats, or Gaon Panchayats, - the Act. gottaidt ni nolatosb saodw tnommevoo MARCA JHT THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994 10 90 shall be vested in the Dy. Commissioner or the Sub-divisional Officer as the case may be, who shall make such Hilsdon allocation of the properties as he deems fit with the prior approval of the Government. Taking of Oath. HA I dilsdo 63 134. Every person who is elected to be a member of Zilla Parishad, Anchalik Panchayat or Gaon be Panchayat shall, before taking his seat, make and sub- Scribe before such authority as may be specified by the State Government in this behalf an oath or affirmation of his allegience to the Constitution of India at a meeting which shall hereinafter be called the first meeting in the following form. : 10A ni vbs beunitnos I, A. B. being a member of the ; no: Zilla need Parishad/Anchalik Panchayat/Gaon Panchayat do swear in the name of God ( or solemnly affirm) that I will bear true faith and allegience to the Constitution of India as by law established and that I will faithfully discharge the duty upon which I am about to enter. 10 de Dispute be- 135. If dispute arises between two or more Pancha- tween Panchayats and yat bodies and local authority or between any two local autho- local authorities the matter shall be referred to the Government or to rites. such authority as the State Government may direct and the decision of the Government or such authority shall be final and conclusive. eds S doua sier bos. gaid nismod Augmenta- 136. All the measures needed to augment the Consoler tion of Consolidated "dated Fund of the State to supplement the resources of the Fund of the Panchayat in the State on the basis of recommendation State. sib made by the State Panchayat Finance Commission, shall be taken by the Government as it may deem fit. Appeal agai- ast any other 137. Any employee under a Panchayat institution or per- of the Pan son aggrieved by any order or act of a Panchayat institu- chayati Raj tion may file an appeal within fifteen days from the date Sastitution. ,atsushi of receipt of such order or performance of such act, to the Government whose decision in this regard shall be final. +CO THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994 687 Delegation 138. (1) The State Government may delegate any of their the Dy. Co- powers under this Act or rules framed thereunder ex- of powers to mmissioner, Subdivisio- cept where expressly provided to the contrary to any Government officer of Gazetted rank. nal Officer or any other Ga zetted officer. D (2) Except where expressly provided to the contrary, the Government may delegate all or any of the powers of the Deputy Commissioner or the Sub-divisional Officer under this Act or rules framed there under this to any Government Officer of Gazetted rank. zvedons9 Hotrouby (3) Except where expressly provided to the contrary, the Deputy Commissioner or the Sub-divisional Officer as -112003 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. navig od (4) The delegation of power under sub-section (1), (2), and (3) shall be an order in writing and such order may be modified or withdrawn at any time. Powers of 139. Subject to the approval of the Government, every Anchalik Anchalik Panchayat or Gaon Panchayat may, by subsidiary Panchayat and Gaon rules consistent with this Act and with any rules made Panehayat to there under, provided for make Subsidiary Rules nob ogidivas (a) the time and place of its meeting, the business to be transacted at the meeting, and the manner in which the notice of the meeting be given; (b) the duties, and control of employees working under it; i offigo eommanibio (c) the custody of the common seal and the purpose for which it shall be used; (d) the division of duties among its members and ME28/ employees ; 2 .311 (e) the powers to be exercised by the office bearers to whom particular duties have been assigned ; (f) the person by whom receipt shall be granted for money received under this Act. Te 688 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994 Staff Selec-18 140. (i) For Zilla Parishad, Anchalik Panchayat and tion Board. Gaon Panchayat Grade-III and Grade-IV staff shall be YOS Of appointed by the Chief Executive Officer of Zilla Parish ad on the recommendation of the District Selection Committee of Panchayat and Rural Development Department constituted by the Government in the Panchayat and Rural VIETI LOS Development Department. to e19woq sdj 10 VIIC useals Grade-I and Grade-II officers shall be posted in the Panchayats and Zilla Parishad by the State Government. (2) The teachers in schools managed by Panchayam (IST1000 shall be posted by the officer authorised by the Education 28 150 Department of the State Government on the recommenda- -woq is tion of the District Teachers Selection Committee consti- of toA tuted by the Education Department. Power to 141. (1) The State Government may make rules for carrying ( r) out the purposes and objects of this Act, make Rules. floue de (2) any rule Framed under sub-section (1) may be given retrospective effect. Repeal and 142. (1) The Assam Panchayat Ordinance, 1994, is Assam Ordi- Saving. asIUT hereby repealed. nance VI of 1994. of assaiand od] (2) Notwithstanding such repeal, anything done or any action taken under the ordinance adi doidw ni non so repealed shall be deemed to have been done or taken under the corresponding provisions of this Act as if this Act eame Tobnu gnidiow 2 into force on the date on which the said ordinance came into force. seogiug sds bas Issa nommos bas atodmom eti proms asitub K. LASKAR, Secretary to the Govt. of Assam, Legislative Department. : bongizes nosd sysrl GUWAHATI - Printed and Published by the Dy. Director (P) Direc- 101 bojffs] torate of Ptg. and Sty., Assam, Guwahati -21 (Ex-Gazette) No. 97-1005-5,000-6-5-1994.