Assam act 018 of 1994 : Assam Panchayat Act, 1994

under his hand addressed to the President of the Anchalik Panchayat. Panchayat and his eat shall become vacant immediately. Meeting of 4 5 . / I ) An Anchalik Panohayat shall hold a meeting for the Anchalik transaction of business at least once in two months (hereinafter Panchayat. j& section called the crdmary meeting) and shall subject to the provisions of the folk wing sub-sections, make regulations not incot sistant with the provisions of this Act, or with any rules

made thereunder with respect to the date, hour, notice, manage-

ment and adjournment of its meetings and generally with respect

to transaction of business thereto.

(2'1 Ever y meeting of the A ichalilc Panchayat shall ordinarily be

held at the Head Quarters of t^e Anchalik Panchayat.

(3 ) The date of the first meeting of the Anchalik Panchayat,

after the fir t consti ution or re-constitution, shall be fixed by the

Deputy . Commissioner

ordinary me ting shill be fixed ai the previous meeting of the

Anchalik Panchyd, prvided th .t the President may for sufficient

reasons, alter the day of the meeting to a subsequent date. The

President may- wbenev-i he thinks fit, shall, upon the written request

of not less than one-third of the tot <1 number of members and on

a date within fifteen days from the receipt of such request, call a

special meetin . Such request shall specify the object foj which the

meeting is pr>posed to be celled. 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 Ex-

ecutive Officer to give notice to the members and to take such

actioa 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 lime at which

the 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 Anchalik Panchayat. Such notice shall include, in the case of a

special meeting, any motion or proposition mentioned in ths written

request made for ruch meeting.

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Quorum 46. (i) One-third of the total numbei of members of the An- aiik^hpancha? chalik Panchayat shall form a quorum for tansacting business yat meeting a t a meeting of the Anchalik Panchayat. If at the time appoin-ted foi a meeting a quorum is not present, the person presiding shall wait for thirty minutes, an d 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 ad-w journ the meeting to such hour on some future date as he may fix. He shall similarly adjourn the meeting at any time

after it has begun, if his attention is drawn to the want of

quorum. At such adjourned meetings, no quorum shall be,,

necessary and the business which would have been brought"

before the original meeting, shall be transacted-

(2) Every meeting shall be presided over by the Presi- dent 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 pro- vided, be decided by a majority of votes of the members present and voting shall be by raising of bands. The Presi- ding Member, unless he refrains from voting, shall give vote before declaring the number of votes for and against a ques- tion and in case of equality of votes, he may give his casting^ vote.

(4) No member cf an Anchalik Panchayat shall vote on, or take part in the discussion of, any question coming up for*?

consideration at a meeting ol the Anchalik Panchayat o"

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 du- ring 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.

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(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 pre pose any urgent subject 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 there- of except in accordance with sub-section (8). The order in which any business or pre pc sition shall be brought for- ward at such meeting shall be determined by presiding authority who, in case it is proposed by any member to give particular proposition, shah 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 adjour- ned meeting other than that left undisposed at the meeting for which the adjournment took place.

(8) No resolution of Anchalik Panchyat shall be modi- fied or cancelled witl in six. months after the passing there- of 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 fulfil- ling the requirements of sub-secticn (4) and setting forth fully the resolution which it is proposed to modify fully or cancel at such meeting and motion or preposition for the modification or cancellation of such resolution- of°vncha"fk 47. The proceedings of every meeting shall be recorded panchaylt in the minutes book immediately after the deliberations and^eminutes°̂ ^he niecting arc! shall, after being read ever by the book'ofⁿAn-presiding authority of the meeting, be signed by him. Pan 'T he 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-

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Government Anchalik Panchayat may require the presence Officer in of Government officers at the meetings. If it Panchaya.^a

PP^ears10 aⁿ

Anchalik Panchayat that the attendance meetings. of any officer of the Government, having jurisdiction over an area of a district or less than a district and rot working under

the Anchalik Panchayat, is desirable at a meeting of the Ancha-

lik Panchayat5 the Executive officer shall; by a lettc^r

addressed to such officer not less than fifteen days before the intended meeting, request that officer to be presesi the meeting and the officer shall, unless prevented by ness or other reasonable cause, attend the meeting :

Provided that the officer on receipt of such, letter may, if he, for any of the causes aforesaid, is unable to be present there by himself, instruct his deputy or other competent subordinate officer to represent him at the meeting, General fan- ( 0 The General functions cf the Anchalik Panchayats

ctions of An-shall b e — chahk.

Panchayat.

(a) preparation of Annual Plans in respect of the sche- mes entrusted to it by virtue of the Act and those assigned to it by the Government or the Zilla Parishad and submi- ssion thereef to the Zilla Parishad within the prescribed time for integration with the District Plan ;

(b) consideration and consolidation of the Annual Plans cf 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 as may be entrusted to it by Government or the Zilla Parishad ;

(e) to assist the Government in relief operation in natural calamities ;

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(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 horti- cultural nurseries ;

(c) storing and distribution of insecticides and pesticides;

(d) propagation of improved methods of cultivation ;

(e) promotion of cultivation and marketing of vege- table, fruits and flowers ;

( f ) training of farmers and extension activities.

(3) Land Improvement and Soil Conservation—

(a) assisting the Government and Zilla Paiishad in the implementation of land improvement and soil conservation programmes of the Government.

(4) Minor Irrigation, Water Management, Watershed Development—

(a) assisting the Government and the Zilla Pariskad in construction and maintenance of minor irrigation works ;

(b) implementation of individual irrigation woiks;

(c) assisting the Government and the Zilla Pirishad 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 programmesand schemesand providing guidance therefor-

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(6) Animal Husbandry, Dairying and Poultry—

(a) maintenance of Veterinary and Animal Husbandry Services ;

(b) improvement of bleed of cattle, poultry and other livestock ;

(c) promotion of dairy farming, poultry and piggery ;

(d) prevention cf epidemics and contagious disease ;

(7) Fisheries—

(a) promotion of fisheiies development ;

(8) Khadi, Village and Cottage Industries—

(a) promotion of Rural and Cottage Industries;

(b) organisation cf 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 Wat r—

(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 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 ;

(12) Roads, Building, Bridges, Ferries, Waterways and other means of communication—

(a) construction and maintenance of public roads, drains, culverts and other means of communication which are not under the control of any other local authorities of the Government;

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(b) maintenance of buildings or other properties vested in the Anchalik Panchayat ;

(c) maintenance of boats, ferries and waterways not un- der the Govt- or any other local bodies ;

(13) Non-Conventional Energy Sources:

(a) Promotion and development of non-conventional en- ergy 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 Mandate-

(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 ;

(a) Promotion of social and cultural activities.

(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 progra- mme.

(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.

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(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:

(a) Promotion of welfare of Scheduled Castes, Sched- tiled Tribes and other weaker section

(b) Preventing such castes and classes from social injustice and exploitation.

(23) Maintenance of Community Assets :

(a) Maintaining of a'l 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 :

(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.

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3 e «wers of 50. The Anchalik Panchayat shall have powers to do all An^Whaiik 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.A

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 of°"™hlhk standing committees —

Panchayat.

'a) General Standing Committee ;

(b) Finance, Audit and Planning Committee ;

(c) Social Justice Committee.

(2) Each standing committee shall consists of such number of members not exceeding six including the Chair- man, as may be specified by the Anchalik Panchayat, and chosen by the Anchalik Panchayat from amongst its mem- bers.

* (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 net exceed one year at a time.

(5) The Executive Officer of the Anchalik Panchayat shall be the Ex-Officio Secretary of every Standing Co- rn'. it tee.

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j"ⁿf ^ti° ndsj°*j„ 53. (1) The General Standing Committee shall performCommittee" ̂ unctions relating to the establishment matters, communication, buildings, rural housing, relief against natural calamities,

water supply and all miscellaneous residuary matters.

(2) The Finance, Audit and Planning Committee shall perform the functions relating to the finance of the Anchalik Panchayat, training, budget, scrutinising proposals for increase of revenue, examination of receipts and expenditure statement, consideration of all proposals affecting the finance of the Anchalik Panchayat and general supervision of the revenue and expenditure of the Anchalik Panchayat and planning* and consolidating the Anchalik Panchayat Plans, co-opera- tic n, small saving schemes and any other function relating to the development of Anchalik Panchayat areas.

(3) The Social Justice Committee shall perform funct- ions relating to :

(a) promotion of educational, economic, social, cultural and other interests of the Scheduled Castes, Scheduled Tribes and Backward Classes ;

(b) protecting them frcm social injustice and all other forms of exploitation ;

(c) amelioration of the Scheduled Castes, Scheduled Tribes and Backward Classes ;

(d) securing social justice to the Scheduied Castes, Scheduled Tribes, Women and other weaker sec- tions of the society.⁴

f4) The Standing Co mmittees shall perform the funct- ions referred to above to the extent the powers are dele- gated to them by the Anchalik Panchayat. Procedure of 54. (1) The Anchalik Panchayat may frame regu- Committees.]a t jo n s r e iating to selection of members of committees, conduct of business therein and all other matters relating to them.

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(2) The Chairman of every committee shall, in respect of the work of the cemmittee, be entitled to call fcr ary information, return, statement, account or report from the office of the Anchalik Panchayat and to enter in and ins- pect any immovable property of the Anchalik Panchayat c r works in progress connected with the works of the committee. «

♦

(3) Each Committee shall be entitled to require atten- dance at its meetings, any officer of the Anchalik Panchayat who is connected with the work of the Cemmittee- The Ex-Officio Secretary [referred to in sob-section (5) of Sec- tion-52] shall under instruction of the Committee, issue no- tices and secure the attendance of the Officer. acq̂ 're, hold 55. (V) An Anchalik Panchayat shall have or dispose acquir e, hold and dispose of property and of property. c o n t r a c t ; the pewer to

to enter into

Provided that in all cases of acquisition or disposal

of immovable property, the Anchalik Panchayat shall obtain the previous approval of the Government through Zil'a

Pari shad.

(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 4 come under the control of ti e » Anchalik Panchayat.

(4) Where an Anchalik Panchayat requires land to carryout any of the purpose of this Act, it may n< gotiate with the persons l aving 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 lor acquisition cf land, zwho 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 prevision

of the relevant land acquisition Act, and such land shall

on acquisition, vest in the Anchalik Panchayat.

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-.(0^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 iand revenue collected in the State as may be determined by the Government;

(b) contribution and grant, if anv, 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 Anchaiik Panchayat on security of its assets;

(d) all receipts on account of lolls, rates and fees levied by it;

(e) all receipts in respect of any schcols, 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) suef. fines and penalties imposed and realised under the provisions of this Act, or of tl,e bye-laws made thereunder, as may be prescribed, and all other sums received by or on behalf of the Anchalik Panchayat.

i

(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 officersand employees. The tctal expenditure < n establishment 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.

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(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 crders and cheques for payment from the Anchalik Panchayat fund shall be signed by the Executive Officer. Taxes. 57. (I) Subject to such maximum rate as the Government may prescribe, an Anchalik Panchayat may,

(a) levy toils on persons, vehicles or animals or any class of them at any toll-bar established by it on any road other than a katcfia road or any bridge

vested in it or under its management;i

(b) levy tolls in respect of any ferry established by it, or under its management;

(c) levy a surcharge on Land Revenue at the rate of 0.02 ( two paise ) per rupee ;

(d) levy a ccss or water rate for recovery of cost of , minor Irrigation works taken up within the juris- / diction of an Anchalik Panchayat and such cess as may be necessary for the purpose of mainte- nance and repair of such works;

(e) levy a tax on supply of water and lighting;

(f) levy a tax on profession, trades, calling, manu- facture 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 vege- table gardens used for commercial purposes-

(2) The taxes etc. shall be imposed, assessed and reali- sed 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.

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(4) State Government may suspend the levy or impo- sition of any tax or fee and may at any time rescind such imposition in consultation w ith 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 faci- lities for development of that particular trade or commerce with the approval of the Zilla Parishad-

I rani and 68. (1) An Anchalik Panchayat may, subject to the siuk.ngiund,pr o v is io n s of any law relating to the raising of loan by iocal 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 4 Anchalik Pa-and in such manner as may be prescribed, prepare in cchaya • 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 i

43

Parishad is not received by the Anchalik Pancliayat 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) lire Anchalik Panchayat may prepare in each year a supplementary estimate providing for, any modifica- tion of its budget and may submit to the Zilla Parishad for approval within such time and in such manner as may be prescribed.

A^Ath^OrkV^f60.An Anchalik Panchayat shali keep such accounts nXayat. * ^an

d in such form as may be prescribed. Auditing (1) The audit of the accounts of the u ' 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. ,

(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.

s

' a ® p A, y 62- (1) An Anchalik Panchayat being coterminous hayat- anC t^{0 a}

Development Block shall have an Executive Officer appointed by Government who shall be the Ex-officio Secretary.

Provided that the Block Devt lopment 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.

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(2) The other staff of the Anchalik Panchayat shal be appointed as provided in Section 140 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 appointfng authority.

(3) The Government may post/depute staff, if considered ® necessary from time to time, to work in Anchalik Panchayat in addition to the staff of Grade—I and II to setv under the Anchalik Panchayat.

(4) Notwithstanding anything contained in this Act, or any of the law; 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 Paris'/¹.ad concerned.

Powers and function* of the Execu• this \Act,

tive Officer of the Anc- b a lik Pan- chayat. (a) (l)Save as otherwise expressly provided by or under the Executive Officer shall, -

exercise all powers sp cifically 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 ; t

supervise and control the execution of all works of the Anchalik Panchayat ;

(d) take necessary measures for the speedy execution of all works and development schemes of Anchalik Panchayat ;

(e) have custody of all papers and documents connected with the proceedings of the meetings of the Anchalik Panchayat ;

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(f) draw and disburse money out of the Anchalik Panchayat fund; and

(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, ii shall be his duty to bring the same to the notice of the Anchalik Panchayat,

CHAPTER-VI

ESTABLISHMENT AND CONSTITUTION OF ZILLA

PARISHAD.

nent^Sto^af^bzn-' ^4. 0} For every district there shall be a Zilla Parishad iau Panshad. having jurisdiction, save as otherwise provided in this Act, over the entire district excluding such portions < f 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

'■ Cantonment area or any notified area contrary to it

under any law for the time being in force :

Provided that a Zilla Parishad may have its office

* in any area 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

46

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.

a

Constitution

of Zilla Pari«

shad.

65. (1) The Zilla Parishad shall consists of: —

(i) the members directly constituencies of the district :

elected from the territorial ' 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 net less than 40 thousand and that each territorial constituency shall elect one member to the Zilla Parishad through direct election in the manner prescribed ;

(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^s

part or whole of the district whose constituencies lie within the district.

(2) All the members shall have the right to vote. Reservation

of seats for

Scheduled ;

Caste and Sc-

heduled Tri^-

bes.

66. (1) Seats shall be reserved for the Scheduled Castes, and Scheduled Tribes in every Zilla Parishad and the num- b e r of seats shall bear, as nearly as may be, the same propor- 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 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.

47

Reservation (2) Not less than one-third of the total number of seats women^tsbe- reserved under sub-section (I) shall be reserved for women longing to belonging to the Scheduled Tribes or as the case may be, casulnd the Scheduled Castes.

scheduled

Tribes.

Reservation 67. (]) Not less than one-third, including the number f womenfor of seats reserved for women belonging to the Scheduled 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.

Te * m

.°f z | na 68. Every Zilla Parishad except as provided in the Act., a,1S a shall continue for a period which stall not exceed five years from the date of holding the first meeting. Election to

dissolved

Zilla Pari-

shad.

69. (1) Election to constitute the Zilla Parishad shall be completed—

(a) before the expiry of its duration, as specified in Section 68;

(b) in case of dissolution, before the expiration of a fe 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 Pari- shad for such period.

(2) A Zilla Parishad constituted upon dissolution be- fore 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.

48

70' (1) When the Zilla Parishad is constituted under andvice- Section 64, the Deputy Commissioner shall call a meeting fhe'ziiia¹°^f*h^e

Zilla Parishad (which shall be called the first Padshad, 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). s

(2) The election of the President or the Vice-President of the Zilla Parishad and filling up vacancies in the said office and the determination of disputes relating to such election shall be in accordance with such rules as may be prescribed by the State Government/State Election Commission.

Allowances of the Presi- dent and

Viee-

President

71. (1) The allowances Vice-President shall be as Government-

of the President

may be presci ibed and

by

the

the

and sitting fee and alio.

'*^amembeZ^he(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 pres- cribed by Government.

R

r esi emovar m e m

^ e r

holding the office as President of thTpred-of the Zilla Parishad may resign his office at any time by Wce^Dp ^an-^{d wr}

i^ⁿ

§^ant* send it to Government through the Deputy d e n t ' 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 Commit 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 resignation by writing and send it to Government in res- pect of the President and to the President in respect of the Vice-President, as the case may be.

(2) Every President or the Vice-Pj esident of Zilla Parishad shall vacate office if he ceases to be a member of Zilla Parishad

49

No confi- 73. p ) Every President and every Vice-President cl tn" ceOince Zill?. Parishad shall be deemed to have vacated his office forthwith if a resolution expressing want of confidence vice^DpreX in him is passed by a majority of two-thirds of the

dent o i total number of members elected directly as Zilla Pari-

sh,a.^ai'' shad member at a meeting especially convened for this

purpose and presided over by the Vice-President U the mo-

tion is against the President and the President of the Zilla

Parishad shall preside ever such meeting if the motion

is against the Vice-President.

tf (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 deli-

ver 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.

*^f^m

prcsi- 74- (1) Without prejudice to the provision under dent and this Act a President or a Vice- President or a yi" - Presi -member of a Zilla Parishad may be removed from office zuiaSan-by the State Government for misconduct in the discharge =had. of his duties or neglect or incapacity to perform his duties or for being persistently remiss in the discharge of or guilty of any disgraceful conduct. Once so removed a President, Vice-President or Member shall not be eligible during the remaining term of office to be elected either as President, Vice-President or Member of such Zilla Parishad:

Provided that no such President, Vice-President or Member of a Zilla shall be removed from office unless- he/she is given reasonable opportunity to furnish explan- ation to the State Government.

50

(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 Parishad^{la ollce}

*^{n ever}

Y three months, at such time and at such a rs a ' place within the local limits of the district concerned as* the Zilla Parishad may fix at the immediately preceding meeting:

Provided that the first meeting of a newly constituted* Zilla Parishad shall be held at such time and at such' place within the local limits of the district concerned, as the State Government may fix:

Provided further, that the President when required, in writing by one-third of the members of the Zilla Parishad, to call a meeting,shall do so within 10 (ten) days, failing which the aforesaid members, may call a meeting after giving intimation to the Government and 7 (seven) clear days notice to the President and other members of the Zilla Parishad.

Quorum of 76. (1) One-third of the total number of members of the Zi,1 j Par j- Zilla Parishad shall form a quorum for transacting business Lg.^{mc t}at a meeting of the Zilla Parishad.

(2) Ten clear days notice of an ordinary meetings 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.

(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 do 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

51

(4) No resolution of the Zilla Parishad shall be modi- fied or cancelled within six months after th. passing there- of except by a resolution passed by not less than one half of the total number of members at an c rdinary or < special meeting- Any notice thereof shall be given fulfilling the requirement of sub-section (2; and setting forthfully the resolution which is proposed to modify fully or cancel at such meeting and motion or proposi-

. tion for the modification or cancellation of such resolution. * t .

(5) The proceedings of every meeting s arl be recor- ded in the minutes book immediately after the deliberation of the meeting and shall after being read over by the Chairman of the meeting be signed by him. The action taken on the decisions of the Zilla Parisi)ad shall be repor- ted at the next meeting of the Zilla Parishad. The minutes book shall at all reasonable times, be open tc inspect by any member of the Zilla Parishad. The minutes book shall always be kept in ti e office of the Zilla Parishad 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, with in 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 v<. tes, the Presi- dent 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.

Powe r s /

functions 77. (1) The President shall—

and duties ^v

' ofPresident aad Vice- Presid ent of Zilla Parish,

52

(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 Chiel Executive Officer and through him, all Officers and the employees whose services may be placed at the disposal of the Zilla Parishad by the Government ;

(d) exercise such other powers, perform such other functions and discharge such other duties as the Zilla Parishad may, by general resolution direct or the Government may by rules made in this behalf pres- cribe ;

(e) exercise overall supervision over the financial and executive adminstration r f t l '.e 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 mee- ting of Zilla Parishad ;

, y

(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 exceeding30 (thirty ) days, exercise the powers and perform the duties of the President. r^Pn%^ee Cenof 78' If it appears to a Zilla Parishad that the meat V ofi 1 - attendance of any District Officer of the Government ha- ceriatzn- v in g jurisdiction in the district is desirable at a meeting meeting. d of the Zilla Pariihad, 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

53

present at the meeting, and the Officer shall unless preven- ted by reasonable cause, attend the meeting:

Provided that the Officer on receipt of such letter may, if he, for any unavoidable cause as aforesaid is unable to be present thereby himself, instruct his Deputy or other de- partmental Subordinate Officer to represent him at the meeting.

» znia^'par'rf ?9- Subject to such conditions as may be specified by t h\id. a n

the Government from time to time, the Zilla Parishad shall perform the functions specified in section 90. Assignment 80. (1) The Government may assign to a Zilla Parishad o functio. sfu n c t j o n s in relation to any matters to which the executive r?siiad^{U Fa}

' authority of the Government extends or in respect of functions which have been assigned to the State Government by the Central Government.

(2) The Government may, by notification, withdraw or modify the functions assigned under this section. standing 81. The Zilla Parishad shall have the following Stan- « committees, ding Committees, namely: —

(a) General Standing Committee,

(b) Finance and Audit Committee,

(c) Social Justice Committee,

(d) Planning and Development Committee. chairman cf 82. (1) Each Standing Committee shall consist of such th< standing number of members not exceeding five including the Chair- committce. m a n a s Spe c jfle d by t he Zilla Parishad and elected by the members of the Zilla Parishad from amongst its members whose terms will be one year at a time.

I

54

(2) The President of the Zilla Parishad shall be the Chairman of the General Standing Committee and the Finance and Audit Committee.

(3) The other Standing Committees shall elect the Chairman from among their members.

(4) No member of the Zilla Parishad shall be eligi- ble to serve on more than two Standing Committees.

(5) The Chief Executive Officer of the Zilla Parishad shall be the Ex-officio Secretary of the General Standing Committee and the Finance, Audit and Planning Com- mittee and he shall nominate one of the Deputy Secret- aries as Ex-officio Secretary for each of the remaining Standing Committees. The Chief Executive Officer shall be entitled to attend the meetings of all the Standing Com- t ' ; mittees.

• - ■ ■ ■ sm r^C

r

(1) The General Standing Committee shall perform functions relating to the establishment matters and functions relating to communications buildings, rural housing, village extensions, relief against natural calamities, Rural Develop- ment Programme of Government of India and alied matters and all miscelleneous residuary matters.

(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 < f the revenue and expenditure of the Zilla Parishad;

(b) the Plan priorities, allocation of outlays to deve- lopments, horizontal and vertical linkages, implemantation of guidelines issued by Government, regular review of pla- nning programmes, evaluation of important programmes and small saving schemes.

(3) The Social Justice Committee shall perform func- tions relating to—

55

(a) promotion of educational, economic, social, cul- tural 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 tc the Scheduled Castes and Scheduled Tribes, women and other weaker sections of the societyI

(4) The Planning and Development Committee shall perform the following functions—

(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 Naticnal Policy and the National and State Plan;

(c) survey and evaluate the educational activity of the Zilla Parishad;

(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, coopera- tion, contour buniding and reclamation ;

(g) village and cottage industries ;

(h) promotion of industrial development of the district. Pciw' r s 'a n f $4. 0 ) The Standing Committees shall perform the fwXnsto functions referred to in sub-sections (1), (2), (3) and (4) Stand i n g

Cmmittw.

56

of Section 83 to the extent the powers are delegated to them by th® Zilla Parishad.

(21 The Committees shall perform, in respect of matters assigned to them, such additional duties as may be prescribed

C o m S t ^ree8o^f85

- 0 ) T

he Zilla Parishad may frame regulations relating omm ees -t o ele c tjo n o f 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 pro- perty of the Zilla Parishad or any work in progress con- cerning the Committee.

(3) Each Committee shall be entitled to require atten- dance 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* plwers^1Ionto^f86- ^ ^le

Zilla Parishad may by notification delegate chief Exccu-to the Chief Executive Officer or other officers any of the and °®herP^{owers con}

f^ei"^re

d by or under this Act, on the Zilla officers. Parishad.

to Squire hoH 8 7

' (1) A Zilla Parishad shall nave the power to acquire, and dispjsehold or dispose of property and to enter into contracts:

gs property.

57

t Provided that in all cases of acquisition or disposal of im- movable property, the Zilla Parishad shall obtain the previous approval of the Government.

(2) All roads, buildings or other works r constructed by a Zilla Parishad with its own funds shall vest in it. ;

IN

(3) The Government may allocate to a Zilla Parishad any Public property situated within its jurisdiction, and there- upon, 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.

Power to di- 88. The Zilla Parishad may, by notification, turn, divert, dis- tinue or'cSe⁰⁰¹¹^

11116 o^r

permanently close any road, which is under the road. control and administration of,< or is vested in, the Zilla Pari- shad.

General po- 89. (1) The Zilla Parishad shall have powers to do all acts PariSh^OadZ,"^anecessary 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 spe- cified under this Att.

(2) Subject to the general or speciahorders of the Govern- ment,,^ a,, Zilla Parishad may—

(a) incur expenditure on education or medical relief out- side its jurisdiction ;

(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 inhabi- tants of the district.

58

(c) contribute to association at All India, State or Inter State Level concerned with the promotion of local self Govern- ment and to exhibition, seminar and conference within the District related to the activities of Gaon Panchayats, Anchalik Panchayat and Zilla Pari shad, and

(d) render financial or other assistance to any person for carrying on in the District any activity which is related to any 3 of the functions of the State.

»^^ctp°ower» 90. (1) It shall be the function of a Zilla Parishad to of zilla Pa-prepare plans for economic development and social justice of niskad. the District and ensure the Co-ordinated implementation of such plan in respect of matters including those enumerated below :

(1) Agricultural :

(i) promotion of measures to inciease agricultural pro- duction and to popularies the use of improved agri- cultural implement and the adoption of improved agri- cultural practices;

(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;

(v) management of agricultural and horiticultural extension of training centres;

(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 ;

(ii) providing for the timely and equitable distribution and full use of water under irrigation schemes under the control of the Zilla Parishad?

59

(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;

(iii) farms. '

(4) Statistics :

(i) publication of statistical and other information re- lating to activities of Gaon Panchayats, Anchalik Panchayat and Zilla Parishad;

(ii) co-ordination and use of statistics and other in- formation 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 Parishad.'

(5) Rural Electrification :

Assist in implementation and maintenance of rural ele- ctrification schemes.

(6) Soil Conservation :

(i) soil conservation measures;

(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.

60

(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 labora- tories;

(iii) breeding farms for cows and pigs;

(iv) poultry farms, duck farms and goat farms;

(v) common cold storage facilities for dairying, poul- try and fishery products;

(vi) foddar development programmes;

(vii) promotion of dairy farming, poultry and piggery;

(viii) prevention of epidamics and contagious diseases

(10) Minor Forest Produce and Fuel and Fodder :

(i) promotion of social and farm forestry, fuel planta- tion 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 commu- nity tanks;

(iii) development of inland fisheries;

(iv) fish curring and drying;

61

(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

♦

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 consu- mer demand;

(iv) organisation ot* training programme for craftmen and artisans;

(v) liasion to tap bank credit for this programme;

(vi) popularising and marketing of finished products;

(vii) industrial estates; * (viii) organising khadi, handloom handicraft and village and cottage industries.

(13) RURAL ROADS AND INLAND WATERWAYS :

r (i) construction and maintenance of roads other thanNational and State Highways;

(ii) bridges and culvert coming under roads other than National and State Highways;

(iii) construction and maintenance of office building of the Zilla Parishad;

(iv) identification of major link roads connecting mar- kets, educational institutions, health centres;

62

(v) organising voluntary surrender of land for new roads and widening of existing road.

(14) HEALTH AND HYGIENE :

(i) establishment and maintenance of hospitals, pri- mary health centres and despensaries except Civil Hospital, Medical College Hospital T.B. Sani- tarium, Leprosy Hospitals and Mental Hospitals; $

(ii) implementation of immunisation and vaccination x programme.

(iii) health education activ'ties;

(iv) maternity and child health activities!

(v) family welfare activities;

(vi) organising health camps with Anchalik and Gaon Panchayats;

(vii) measure against environment pollution.

(15) RURAL HOUSING :

(i) identification of Houseless families;

(ii) implementation of house building programme in the district;

(iii) Popularising low cost housing.

(16) EDUCATION :

(i) promotion of educational activities including the establishment and maintenance of primary and secon- dary schools;

(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;

63

(v) establishment and maintenance of general hostels, ashrams, schools and orphanages.

(17) SOCIAL WELFARE AND WELFARE OF WEA-

KER SECTIONS :

X

(i) extension of educational facilities to the Scheduled Castes, Scheduled Tribes and Backward Classes 4 by giving scholarship, stipends boarding, grants and other grants for the purpose of books and other accessories;

9 (ii) managing hostels for the benefit of Scheduled Cas- tes and Scheduled Tribes;

(iii) organising nursery schools, Balawadies High schools and libraries to eradicate illiteracy and impart general education;

(iv) conduct of model welfare centre and craft cen- tres to train Scheduled Castes and Scheduled Tribes in cottage and rural industries;

(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 and Sche- duled Tribes;

I

(vii) organising co-operative societies of Scheduled Castes and Scheduled Tribes;

r (viii) other welfare schemes for the uplift and develop-ment of Scheduled Castes and Scheduled Tribes.

(18) PROVERTY ALLEVIATION PROGRAMME •

(i) planning, supervision, monitoring and implemen- tation of proverty alleviation programme.

(19) SOCIAL REFORM ACTIVITIES :

(i) women's organisation and welfare;

(ii) local vagrancy relief;

64

(iii) children's organisation and welfare;

(iv) maintenance of Social Welfare Institutions such as Poor Home, Orphanages, Rescue Shelters;

(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, untou- chability, alcoholism, expensive marriages, social functions, dowry and conspicuous consu- mption;

(viii) encouraging community marriagesand inter-caste marriages;

(ix) vigilance against economic offences such as smuggling, tax evasion, food adulteration;

(x) assistance for developing land assigned to land- less labourers;

(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—

65

(a) manage or maintain any work of pubUc utility or any institution vested in it or under its control and manage- ment;

/

(b) acquire and maintain village hats and markets; (cl make grants to Anchalik Panchayat and Gaon Pancha- yats;

f

(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 Go- vernment with such power undei 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 »ari- 91. There shall be for every Zilla Parishad

■k*d Fond a fund called the Zilla Parishad Fund and the fol- owing shall form part of or be paid into the Zilla Parishad Fund, namely : —

(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;

66

(iii) all fees and penalties paid to or levied by or on behalf of the Zilla Parishad under this Act and all fines imposed under this Act;

(iv). all rents from land or other properties of the Zilla Parishad;

(v) all interests, profits and other money acquired by gifts, grants, assignments or transfers from private individual or institutions.

(vi) all proceeds of land, securities and other proper- ties sold by the Zilla Parishad;

(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 ofznupa'ri-t¹®^^acurrent accounts with the nearest branch of the had Fund. State Bank of India or any other Nationalised Bank or Assam Co-operative Apex Bank.

(2) It shall be lawful for Zilla Parishad to deposit at interest, with the approval of the Government with the State Bank of India or any other Nationalised Bank or Coopera- tive Apex Bank in the State any surplus fund in the hands ?

which may not be required for current charges and with like sanction to invest such fund in securities of the Govern- ment of India or the State Government or in such other securities as the Government may, from time to time approve > in this behalf and to vary such investment for dispute of such securities with like sanction.

ofSfluvari- 93. (1) Subject to the provisions of this Act and the -'d^ap fund r^u

l^{es ma}

de thereunder and such general or special orders as anc roperty. Government may make, all property owned by, or vested in, the Zilla Parishad under »this Act and all funds received by it and all sums accruing to it under the provisions of this Act or any

67

Provided that no expenditure shall be incurred out of the Zilla Parishad Fund unless provision there of has been made in the budget or funds are obtained by re-appropriation duly approved, except in such cases as may be prescribed by the Government:

* Provided further that not less than twenty per cent of the funds meant for welfare activities shall be utilised for the welfare of the Scheduled Castes and Scheduled Tribes,

(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 o f — r

(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 sala- ries and allowances are paid from the consolidated fund of the State;

< ■■ - ■■■ ■

(c) for the purpose specified in the Act; \

(d) any amounts falling due on any loans contracted by the Zilla Parishad ;

(e) all other purposes for which by or under this Act or the rules and regulations made thereunder, any other law for the time being in force, powers are conferred or duties are imposeci upon the Zilla Parishad ;

(f) with the previous sanction of the Government, for any other purpose for which the application of such pro- perty or fund is necessary in public interest :

68

Provided that any amount granted to the Zilla Parishad by the Government or any person or loc al authority for any specific work or purpose shall be applied exclusively for such work or purpose and in accordance with such instru- ction as the Government may specify either generally or specially in this behalf-

Re«t and 94- Save as other wise provided in this Act and subject feel 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 main- * taincd out of the Zilla Parishad Fund.

Taiatkm 95. (1) Subject to sueh maximum rate, as the Govern- ment 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—

(1) fees on the registration of boat or vehicle ;

(ii) a fee for providing sanitary arrangement at such places of worship or pilgrimage, fairs and melas within its jurisdiction as may be specified by the Govt, by notification.

T

(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.

(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

69

4

Budget of Zilla Pari- »had.

C

Accounts. Audit

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

(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 prevde for exemption from all or any of the tolls, fees or rates in any class or cases.

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 budget or return it to the Zilla Parishad for such modifications as it may direct. On such modifications being made, the budget shall be re-submitted within such time as may be prescribed for approval of the Government.

If the approval of the Government is not received by the Zilla Parishad within thirty days from the date of sub- mission or re-submission, as the case may be th e 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 sup- plementary 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.

97. A Zilla Parishad shall keep such accounts in such a manner as may be prescribed by the Government.

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.

70

(2) On receipt of the audit report reieired 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. rri -^;

i Powers to 99. A Zilla Parishad may, with the previous sanction of the inTfirming Government and subject to ti e conditions imposed by it from of a sinking time to time, raise loans for the execution of any work or for Fund. pU rpose of carrying out any of the provisions of thisAct and form a sinking fund for the payment of such loan. Prohibition 100- Except as hereinafter provided, payment of any sum

of expend!- shall be made out of the Zilla Parishad Fund unless the

expenditure of the same is covered by a budget grant except

in the following cases, nam ely-

'■ ? ■' ■ J '- ' - * . • ; } : * ■ .

(al 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 em- powered by this Act to pay by way of compensation; «

(d) every sum payable—

(i) under this Act by order of the Government; *

(ii) under a decree or order of a Civil Court; and,

(iii) under a compromise of any suit or other legal pro- r : r r ceedings, or claim.

Govern- 101. It shall be lawful for the Government from

" ^en

'piace^wertil

? ^{e to time t0}d i

f e c t

- by notification that any road,roads,

other pro- bridge, channel, building or other property, movable or ' Sill? S - Unlovable or which is vested in the' Government and

shad. ' which is situated in the district, shall with the consent of

71

the Zilla Parishad, and subject to such exceptions and con- ditions 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 un er the control of a Zilla Parishad under sub-section (1) on such terms as the Government may

• determine. staff of znia 102. (1) The Government shall appoint an officer Parishad. 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 Officerand a Chief Planning Officer fir each Zilla Parishad.

(3) The Government shall post from time to time to work under every Zilla Parishad, such number of other offi- cers of the State Government (including any officer appoint- ed to such services from amongst person employed by exis- ting 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 I Government or any other officer or other authority autho- rised by it in this behalf shall have powers to effect trans- fer 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-Ill 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 /deputed by Government as per Section 140(1). 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

72

powers to. effect transfer cf the provincialised staff so app- ointed either within the district or from one district tc 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 tie Zilla Parishad concerned.

(8) The Government may, from the specified date constitute such services for each Zilla Parishad as may be prescribed.

the'chirfEx¹- (1) Save as otherwise expressly provided by or ecutive and under this Act, tire Chief Executive Officer shall—

Other officers

of" tIIC ;Q, Parishad. (a) carrycut the policies and directions of the Zilla Parishad and take necessary measures for the speedy execu- tion cf all works and developmental schemes of Zilla Parishad;

(b) disch arge the duties imposed upon him, by or under this Act, or the rules and regulations made thereunder;

(c) supervise werks cf the officers and officials of the Zilla Parishad under the general Supciintendance of the Pre- sident cf 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 cowers and perform such other functions as may fe 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.

73

(3) The Chief Accounts Officer shall advise the Zilla Parishad in matters of financial policy and shell he responsi- ble for all matters relating to the accounts of ti e Zilla Parishad including preparation of annual accounts and the budget.

(4) The Chief Acccunts Officer shall ensure that no f expenditure is incurred except under proper sanction and in accordance with this Act and the rules and re- gulations thereunder and shall disallow any expenditure not warranted by the Act or Rules and Regulations r or for wh'ch 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 res- ponsible 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. ] 04. (1) Every person in possession of money, re- cord 00 re counts, records or other property pertaining to a Gaon Panchayat or Anchalik Panchayat or Zilla Parishad shall on the requisition in writing of the Chief Exe- cutive 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 re ceive the same. ' . . . ,(2) The Chief Executive Officer may also take steps to recover any money due by such person in tire same manner and subject to the same previsions as in the rele- vant Land Revenue Act for the recovery of the airear of land revenue from defaulters, and for the purpose of recovering the accounts, records or other property, pertai- ning 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 pro; erty pertaining to a Gaon Panchayat or a Anchalik Panchayat or Zilla

74

Par shad are concealed, shall be bound to give Sa e to the Chief Executive Officer.

(4) An appeal shall lie from an order of Officer under :his Section to the Government. information of the

the Chief Executive

CHAPTER- VII

SETTLEMENT OF HATS, GHATS FERRY, ETC., & DISTRIBU- TION OF PROCEEDS & MAINTENANCE & REGULATION THEREOF. Sect emen of 195, (!) A ]] pja t s v ithin the territorial jurisdiction of Anchalik chaiik^y

pa "'P^an

chayat shall be sealed in he man er prescribed for a period chayats. coinciding with and not exce< ding one Panchayat financial year by invit ng tenders at the office of the Anchalik Panchayat by its

President.

(2) Det Tied procedure for inviting and submission of such tenders shall be such as may be prescribed.

(3 The powei£ of examination and final acceptance of such ten- ders shad be vested in the Standing Committee referred to in Section 52 (1) (a).

(4) All settlement ma e under sub-section (3) shall be subject to the co fir at on of the Zilla Parishad:

Provided that in case of any di pute, the Anch lit Panchayat may refer s ch case to th Government and the aggrieved party may appeal to Government vytose decision in this regard shall be final.

(5) F ilure to settle any Hat for want of adeq tate value, the Anchalik Pmch«yat, as may be decided by the Zilla Parishad, may b entrusted with the direct management of such Hat by the Anchalik Par chayat.

( t(6) All 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 proce ds of Hats, shall be made over to the Zilla P^rishat funds ; and

b) an amoun' equivalent to forty percent of the sale proceeds i f Hat shall be equally distributed to all the Gaon Panchayats under the A chaiik Panchayat and remaining forty percent retained in the Anchalik Panchayat Fund :

Provided that amount due if anv, on account of annual instal- ment for repayment of the loan with interest incurred by the erstwhile Mahkuma Parishad, Anchalik Panchayat and Gaon Panchayat for im- r vementol hats falling within the jurisdiction of the Anchalik Pancha- yat and Gaon Panchayat concerned shall be p id out of the forty percent

75

THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 199? 669 share of sale proceeds o« hats madeover to Anchalik Panchayat or Gaon Panchayat as the case may be.

Settlem ntof 106. 1̂1 Public Ferries, other thin Government ferries within the Public Ferde^sterr

'^t0

' ' ^a

* jurisdiction of the Anchalik Panchayat shall be settle in the and distribu'manner pres.ribed for a period coinciding with tnd not exceeding one tion of sale Panchayat financial year by inviting tenders at the office of the Anchalik Acr ° f^{6 d}

* Panchay ;t by its President.

• (2) Detailed procedures for inviting nd submission of such tenders shall be such as may be prescribed by the Government.

(3) The powers of examination and final acceptance o! such tenders shall be vested in the Stand ng Committee ss under Section 52 (I) (a).

(4) All settlement made under sub-section-(3) shallbe subject to the confirmation of the ZUla Parishad:

Provided that in case of any dispute the Anchalik Panchayat may refer such cases to the Government andthe iggricvel party may appea to Government whose decision in this regard shall be final; Provided further that as and when deemed necessary, the Govern- ment .may intervene in the matter of a particular settlsmens and its decision in this regaid shall be final:

Provided further that the St fie Governmert may issue order to Anchalik Panchayat for the settlement of a public ferry tailing within the jurisdiction oi more than one Anchalik Panchayat or Zilja Parishad

(5) All sile pr »ceeds of public ferry shall be deposited in the Anchalik Panchayat Fund and thereafter the proceeds of inter Anchalik Pan- chayat public ferry, if there be any, shall be equitably distributed to the Anchalik Paiicbaya* concerned and thereafter the proceelsre mai. mng in an Anchalik Panchayat Fund shall be distributed in the manner hereinafter provided :

(a) an amount equivalent to twenty percent of the sale pro- ceeds of public fe. ry 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 Panchayat shall meet all expences, if there be any, for maintenance and improvement of the public ferries from ou? of the forty percent share of sale proceeds of public ferries received by it:

Provided further that if any Anchalik P a n c h a y a t tails to make improvement of or tie g 1 e c t to maintain the portion of the inter-Auchalik Panchayat Public ferry falling within the

76

jurisdiction of t ie Anchalik Par chayat, such expenditure incut red for naiu- teoance and improven,ent shall be deducted from ibe share of the deitulting Anchalik Panchayat.

(c) An amount equivalent to ft rty percent f the sale proceeds of p jb l c ferries shall be equally dis: s buted among all the aon Pan- ebay ts fall ng with'n the jurisdiction of the Anchalik Panchayat. (->) The sale of all public feisies falling within two or more An- cnalik Paucbayats shall be conducted by the Anchalik Panehayats by rotation every y<&r. In case of dispute betv.een uo Anchalik Panchayats th ma ter shall be ref ried to the Zilla Parishad/Government, whose decision shall b * final.

privateTat⁰¹P°^weTS

° f se tiemen' of private hats, ghats end fisheries ghat, and fi-^e

tc. under the jurisdiction of the Gacn Panchaiat sha'l 'ⁱ

e vested in sheries etc. the Standing Committee as under sub-sectior (l) (i) of Section-22. by the Gaon x Panchayat.

Transfer of 108. (I) Notwithstanding anything in any i< w for tr.e time being Government in fores, the State Govern ; ent shall t e ^{n e}

( 'F i s h e r y which has fetched an income of rupees twenty-five thousand Palocha^or

l^{ess in a vear}

*'^t

'°^e

Gaon Panchayat within the jurisdiction o f and Anchalik which the fisbei y is situated:

Panchayat.

Provided that a >r.iosfer under ti.is s b-SiCtian shad be given effect from the i ext fallowing year <•/ such income.

(2) The Govern me t shall transfer Government Fisheries whose annual sale value iv more than rupees Twenty-five thousand and less then rupees o re Likb with p wer of ttieir control and administration tn the Anchalik Parchayat wit bin he jurisdiction ot which such fisheries are situated.

Settlem ent of 109 ' 0 ' ave as othsrwise provided in this Act or r. k s f ante there- Fisheries and under, all fisheries of ar> Anchalik Panchayat shall he settled by the distribution Anchalik Pancm vat in the manner prescribed for a period coinciding of proceeds o r n o t e x c e , ding one Panchayat financial year by inviting tender , at the office of the Anchalik Panchayat by its President.

(2) Detailed procedure for inviting :md submission of such tenders sh 11 be such as may be prescribed.

(3)

y shall be The powers of exa nir ation and final acceptance of such tenders 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 Parishad:

77

Provided t' at in case of a ry dispute, the Anchalik Panchayat may refer such cases to the Govetnmen and the aggrieved party may appeal before G v tam er. whose decision in this regard shall

be final :

Provided further shat as a>:;d when deemed necessary, the Govern- ment may i .teivene in he matter of a particular settlement and its decision in this icgard shall be final

(5) AU sale proceeds of public fisheries shall be deposited in the A cfcaiik Panchayat fm d and shall be distributed in the manner hereinafter p? o ided.

(a) T -■ er.ty p*r cent of the total snl procreJs of Anchalik Pan- chayat fisheti s shall be * ade ever to the Zilla Panshad fund. (b . Potty percen t of ti e total sale proceeds of the Anchaiik Pan- chayat fisheries shall be rt triced with the A chalik Panchayat Fund.

(c) Forty per cent of the K t»' sale proceed? c f Anchalik Paucba- yat fisheries shall be distributed equally among t i e Gaon Panchayats failing wths,.. the jurisdict on c f the Anchalik Panchayat.

(6) The Hats, Ferries a id Fisheries falling under any Anchalik Panchayat w , t 'in the jurisdiction c f Zilla Parishad, the yearly sale value of wi ich is more than rupees one lakh and lets than three lakh ihall be settled by the Zill t Parish d concerned for a period coinciding with and not exceedi g one Panchryat Financial year as under Sections 105,106 and 109 in the manner prescribed The powers of examination and final acceptance of such tenders hall be vested in the Standing Committee as under Section 81 (i) (a). The distribution of sa'e proce ds ihall be in the manner as prescribed in the foregoing sections

Hats situated 110. (1) Notwithstanding anything c Gained in the Assam Muni-

z^,n

,^th

f^area

cipal Act, 1956 the sale proc eds of a y h it situated in the area which fron'/aGaon ^ ^{as ex}

eiuded aft- com net cement of this Act from the territorial Panchayat jurisdiction of the Gaoa Panchayat and included in the territorial and included jurisdiction of the Town Committee or Municipality, shall be equally in Town CXapporooned' by the State Government for three succeeding years Municipality^f011 O^WjDS^the

yeat of such transfer of the area.

(2) For any loan incurred ly a local authority for improvement of a hat situated in the area which has been excluded from the territo- rial jurisdiction of Town Committee or Municipality, [the liability or repayment of such loan with interest, tbail be transferred to such Town Committee or M nicipality, under order of the Government.

78

CHAPTER VIII

DISQUALIFICATION OF THE PRESIDENT, VICE-PRESIDENT &

MEMBER OF ZILLA PARISHAD, ANCHALIK PANCHAYAT AND

GAON PANCHAYAT.

Disqualifies- H*- No Person shall be elected or co-opted and remain tions: as President, Vice-President or Member of Zilla Parisbad, Anchaiik Par.chayat and Gaon Panchayat, if be 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 Cote of Criminal Procedure, 1973, unless a period of four years has lapsed on ' e date fixed for holding election from the date of his release in case o^fa sentence or imprisonment and in case of sentence other than imprisonment from the da*e 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 undis- charged insolvent;

(d) has been proclaimed a tout under the Legal Practitioners Acts or

(e) holds any service, of profit under Government (or any edu- cational institution rec.gni'ed and receiving grant from the Govern meat; or holds remunerated office under Zilla Parishad, Anchaiik 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 Representa- tion of PeotleS Act., 1951 cr has teen found by a competent autho- rity to have resorted to corrupt p . dice resulting in selling aside of his election to any local body or to any legislature in India ; or ■V

(g) has been a defaul er of pavment of any rate, tax cess or fee imposed under »he provisions of this Act and the Rules framed hereunder or of any loan of cooperative society; <*

jr

.^j

t

*S

p

(h) if any question arises as tc 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 ;

79

(i) if a person who is chosen a a member of a Pai.cha,at is or been • es taem bir o the Eous- of he People, the State Legislative A ssmoly or is or becomes a Municipal Councillor or a Councillor ot a u< i ipal rpMation or a member, of a Town Committee, then vithin fifteen ay from the cate of commeneemest of the term r ofbce of a n e te r

(j) no person shall be disqualiPed on the ground that Fe is less than twentyfive years of age, if be has attained the age of eighteen years.

CHAPTER—IX

GENERAL POWERS OF INSTRUCTION, SUPERVISION

AND CONTROL OF STATE GOV ENMENT

General Po- 112. (i) T -e Officers as an empowered by tbe Government in wers of Go-this behalf fh -11 have yenetal powers o' inspection, supervision, vernment. (,v e r , h c performance or Tie ad innt a ive duties of a Zilla PMsnad, Archalik Panchayrt or Gaoo Pancha-at and without prejudice to

tbe generality of tbe foregoing powers may

(a) enter into and inspect any immovable property in the occ n ation or co rrol or any work in progress un r the direction

*

(c) require, bv an order, in writ ng a Zilla Parishad, Ancbalik Pan- chayat or Gaen Panchayat to furnish such statements, accounts, reports, poceedings as they ihmk fit;

(d) give such advice in writing in respect of the adminis rative works, duties arid proceedings as they think necessary, also see that ab proceedings of a Zilla Parishad, Andtaiik Panchayat or G an P a r- eray*t are m 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 c n 'ormity;

(e> institute an enquiry in respect < f any matter"relating to Zilla Parish d, Ancbalik Panchayat or Gaoo Panchayat and ractify any a c to r omission.

80

c h a p IER —X

CONSTITUTION OF FINANCE COMMISSION AND S T A T -

ELECTION COMMISSION FOR PANCHAYAT BODIES.

Finance Co- 113, The State Government shall as soar, as may be, within mmission. One year irom the date of commencement of the Constitution (seventy-third um.ndment) Act, 1992 ana thereafter at the expiration of every fifth year constitute a Finance Commission to review the financial position oi the ranchayats and to n ake recommendations to the Governor as to —

*

(a) the principles which should govern—"■ *•

(i) the distribution between the State and the Panchar ats net proceeds of the taxes, cuties, tolls and fees leviable by the State which may be divided between them and ailocaticn between Panchayats at all levels of their respective share of such proceeds.

(ii) the drtermin >tion of the taxes, duties, foils and fees which may be assignei to or appropriated by the Panchiyats

(iii) the Grants-in-pid to lv Panchayats from the consolidated furd of the State.

(b) the measuies needed t improve the fina: c al p sicon of tre Zilla Parishads, Anchalik Panchayats and Gaon Panchayats.

(c) any other matter referred to the Finance Commission by the Governor in the interest of sound fiiar.ee of the Panel, yats ;

(2) The Finance Commission shall rons'sts of a Cbairn n Snd two other members to be appointed by the Governor.

(3) The Chaitman and the members ot the Finai ce Commission shall possess such qualification at) shall be appointed in such manner as may be prescribed by G o'em inent,

(4) The Finance Commission shall determine its procedure'. (5; The Chairman oi a member of the Finance Commission may resign his office by writing under his hai a and addressed to the Chief Secietary to the Government of A am, but he shall continue in his ofiice until his resignation is accepted b , ihe 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 be has be n appointed would have held office.

81

(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 reco- r mmendation 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.

sute Pan- 114- (1 The Superintendence, direction and control of the tion^yaco^Lmmi-P^r

epar - tion of electoral roll for, and the conduct of all ssion. election to the Panchayat shall be vested in a State Elec- tion Commission consisting of a State Election Commissioner to be appointed by the Governor.

(2) The conditions of service and tenure of office of the State Panchayat Election Commissioner shall be such as the Governor may by rule determine, provided that the State Election Commissioner shall not be removed from his office f 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 shal- not be varied to his disadvantage after his appointment,

c,

3) The Government shall when so requested by the State Election Comrai sioner, 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 all matters relating to, or in connection with Election to the Panchaya^Ts.

82

C H A PT E R -X I

MISCELLANEOUS :

decisio^Sn°^Vof US* Every Panchayat shall have powers to revise or modify commi'te°». any decision taken by any of its Committees. Gaon^rsr.°- A Gaon Panchr.yat m a ', subject to th . provisions chayat to o f the Act and the rules made thereunder and with th^ make bye-pr e v ious s notion of t e Zilla Parish,d. make bye-laws to carry out the purposes of this Act in so far as it relates to its powers and duties.

(2) Tn particular and without prejudice to the generality of the foregoing power, a Gaon Panchayat may make such bye-laws ?.s may be required t> discharge the function and duties entrusted to it under section 9

(3) In making any bye-laws under sub-section (1) and

(2) the Gaon Panchayat may provide that a contravention thereof shall be punishable wi^f

h such fine as may be pres- cribed.

(4) Any such bye-laws may also provide that a person contravening the same, shall be equimdto remedy so far as it li s in his power, the mischief, if any, earned by sue® contravention.

(5) All bye-laws- made under this section shall be subject to the condition of previous publication and such publica-' 3 r{j ticn shall be ma-'e in such manner as may be prescribed* eisjg ...

Powjft of 117« fl) An Anchalik Panchayat may, subject to the provisions n5V-t^k

ô °^ *■*^:in

"^{riiêS mace}

thereunder and with the pre- maShcgu-vicus sanction of the Government, by notification, make re- lations. gulations to carry cut the purposes of this Act in so far as it relates to its powers and duties.

tcibnT io noiiuii

UOUlv'O q C £AV , , . , , , .

u (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,

83

zSa^PaH- (1) A Zilla Panshad may, subject to the provisions shad te ma- of this Act and the rules made thereunder and with the dons' egaia ' P^rev

'^ous

sanction of the Government, by notification, make regulations to carry out the purposes of this Act in so far as it relates to its powers and duties.

(2) The regulations made under sub-section (1) shall be subject to the condition of previous publication and such publication shall be made in such manner as may be prescribed. ve°rnme°^f»?o' 1'9- C¹

) The Government may subject to the provisions of this make model Act, ti e rules made thereunder and after previous publi- reguiations. cation of the draft for net le:s than one month, make model regulations and bye-laws for Goan Panchayat, Ancha- lik Panchayats and Zilla Panshads-

(2) A Garn Panel ay at, Anchalik Panchryat or Zilla Parishad may, by resolution rdopt the model bye-laws or regu- lations, as the case may be made under sub-section (1), at d such bye-laws and regulations shell come into force within the jurisdiction of the Gaon Fanchavat, Anchalik Penchayat 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- (l)W heu on account of the reason that the limits of to^0ve

dissoive^a

Panchayat area is altered, the Government may by order and recons published in the Official Gazette dissolve such Panchayat, chaylt in^a

th /^{rom a}

^ ^at

®> specified in the order and direct that Gaon alteration os Panchayat, Anchalik Panchayat and Zilla Parishad concer- iimits of n p d • Panchayat u 9

area.

(1) 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 ;o r

(ii) be established for a Panchayat area, block or dis- trict which has been newly re-constituted-

(2) The member of the Gaon Panchayat, Anchalik Pan- el? ayat or Zilla Parishad which has been dissolved under sub-section (1) shall vacate their office from the date speci- fied in the order of the Government,

84

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 me- mbers of the Gaon Panchayat, Anchalik Panchayat er Zilla Parishad which has been dissolved under sub-section (1).

(4) The Chairperson of Gaon Panchayat, Anchalik Pan- chayat or Zilla Parishad shall be elected in the manner pro- vided in this Act.

(5) The term of the Gaon Panchayat, Anchalik Panchayat gt 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 Pancha- yat, 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 in the manner provided by this A ct:

Provided that where the reminder of the period for which the Gacn Panchayat, Anchalik Panchayat or Zilla Parishad would have continued is less than six months, it shall not be necessary to h Id an election under this section for constituting a Goan Panchayat. Anchalik Panchayat or Zilla Parishad for such period.

(7) A Gaon Panchayat, Anchalik Panchayat Zilla Pari- sh ad constituted under sub-section (6) shall continue only for the reminder of the period P r wl i h the dissolved Gaon Panchayot, A chalik Panchayats or Zilla Parishad would have continued had it not been dissolved-

(8) When a Gaon Panchayat, Anchalik Panchayat or Zilla Padsoad has been dissolved and reconstituted or re-esta- blished under this section sc much of the Gaon Panchayat, Anchalik Panchayat or Zilla Parishad fund and other pro- perty 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.

85

(9) The rights and liabilities of the Gaon Panchayat, Anchalik Panchayat or Zilla Parishad which has been dissol- ved in resr ect 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 cf the Gaon Panchayat, Anchalik Panchayat or Zilla Pari- shad re constituted or re-established shall vest in such Gaon Panchayat, Anchalik Panchayat or Zilla Parishad. f (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 Parisbad which has been disosclved in respect of any part of the area subject to the authority of the Gaon Panchayat, Anchalik Panchayat or Zilla Parish ad which Las been reconstituted or re-established shall be deemed to have been made, issued, imposed or granted by such Gaon Panchayit, Archalik 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-scction, the Gcvernment ? tnay 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^12b

0 )^The

Government may, at any time for the affairs ot reason to be recorded, cause an enquiry to be made §y' ,cht̂ 'against any of it> Officers in regard to any Gaon Pan- G ovem m entchay. t, 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-

(2) The Officer holding such inquiry shall have the powers of the Civil Courts under the Gode of Civil Pro- cedure, K08 to take evidence and to compel attendance of witnesses and production of documents for the pur- pose of inquiry.

86

Direction 122. (1) Notwithstanding anything contained in. this m Z t ' Act. it shall be lawful for tl e Government to issue directions to any Panchayat in matters relating to State and national policies and such directions shall be bin- ding on the Panchayat.

(2) The Government may—

(a) cali 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. wUidrawS °^{r 123}

- Notwithstanding the transfer of any powers, ot^{? 1}powers functions and duties in respect of any matter to a f"̂ ^u"hC e^i0D,Pancjiayat under this Act. the Government on a pro- Pa™hlyat». posal from the Panchayat in that behalf of where it is satisfied that by reason of a change in the nature of the

matter such as the conversion of a primary health centre

into a secondary heal th centre or conversion of seed multi-

plication farm into an agricultural research farm or a road

becoming a part of a higb-way and any other such things, the

matter would cease to be a matter in th relevant Panchayat

functions list a d it is necessary to with draw from the Pan-

chayat, the powers, functions or duties in respect of sucku

matter may, by notification in official Gazette withdraw such

powers, functions and duties with effect from the date speci-

fied in the notification and make such incidental and con-

sequential orders as may be necessary to provide for matters ,

including the taking over of the property, rights and liabili-

ties if any, vested in the Panchayat and of the staff if any,

which may have bem transferred to the Panchayat as the

case may be.

(2) The Government may, by notification in the offi- cial 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 rele- vant Panchayat functions list shall be deemed to have been amended accordingly. Every such notification shall be placed before the House of State Legislature.

87

of a

about

likely

or to

order i

Z power Pa of had 124. (1) If in the opinion of the Zilla Parishad, the Suspending execution of any order or resolution of a Gaon Pan- e order gc ^ a

^ a t o r a n

Y o r

^ e r

° f any authority or officer etcTof t°he^erGaon Panchayat or the doing any thing which is ayaT PanCh 't° be done, is improper or is causing or is to cause injury or annoyance to the public lead to a breach of peace, it may, by

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. Dissolution 125. (1) If in the opinion of the Government, a ylt. Pancha " Gaon Panchayat, Anchalik Panchayat or Zilla Parishad exceeds or abuses its powers or is not competent to perform or make persistent default in the performance of the duties imposed on it under this Act or

any other law for the time being in force, the Government may, by an order published in the official Gazette dissolve such Gaon Panchayat or Anchalik Panchayat or the Zilla Parishad as the case may be.

(2) Before publishing an order under Sub-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 explana- tion or objection, if any.

(3) When a Gaon Panchayat or an Anchalik Panchayat or a Zilla Parishad is dissolved all the members of the

88

Gaon Panchayat or the Anchalik Panchayat or the Zilla Pari- shad shall, from the date specified in the order, vacate their offices as such members.

.... . ; £

. . . . . . V

(4) If a Gaon Panchayat or an Anchalik Panchayat or a Zilla Parishad is dissolved ;

(a) all the powers and duties of the Gaon Panchayat or Anchalik Panchayat or Zilla Parishad shall during the:

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 ;

(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.

Preparation 126. (1) Every Gaon Panchayat shall prepare every of Develop-'year a development plan and submit it to the Anchalik ment plans. pa n c hayat 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 deve-5 lopment 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 u.-ader Section 3 (1).

(3) Ev:ry Zilla Parishad shall prepare every year a development plan of the district after including the deve- lopment plans of the Anchalik Panchayats and submit it before such date and such form as may be prescribed by the District Planning Committee,|to the Distict Planning Commi- ttee, constituted under section 3(1) of this Act.

Constitution 12?. (1) The Government shall constitute such otPaachay- Panchayat Election Tribunals as may be necessary, Tribunal, on the recommendation of the Higa Court to dispose of all direct election petitions challenging

89

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 Pari- shad during the preceding Panchayat year in such form and with such detail as the Government may direct and submit the report to the Zilla Parishad.

After approval by the Zilla Parishad it shall be sub- mitted to Government by the thirtieth of September every

year.

(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. fere u t s by--Courts in

electoral

matters. •

(a) the validity of any law relating to the delimitation of constituencies on the allotment of seats to such con- stituencies, 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- \ stion except by an election petition presented within sixty days from the date of declaration of election results to the Tribunal constituted under section 127.

90

130- All the Panchayats existing immediately before the commencement of this Act, shall continue till the expiration of their duration as under the Assam Panchayati Raj Act, 1986 unless sooner dissolved by a resolution passed to that effect by the Legislative Assembly of the State. Repeal of 131. (1) On and from the date on which this Act previoui^Ctco m e s jn t o fo r c e , the Assam Panchayati Raj Act, 1986 shall be deemed to be repealed. *

Provided that—

(a) till such time when new Rules are framed before * the expiry of one year from the coming into force of 73rd Amendment of the Constitution Act the rules framed under 1986 Act, shall remain valid ;

(b) the said repeal shall not effect the validity or invali- dity of anything already done under the said enactment ;

(c) all rules and bye-laws, notifications, orders, appoint- ments 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 ;

(d) all assets and liabilities including the funds which are vested in erstwhile Gaon Panchayats, Anchalik Panchay^s 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 ovef to the Gaon Pan- chayats, 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 ;

(e) notwithstanding the repeal of the Assam Panchayati Raj Act, 1986, anyarear of taxes, cess, fees and rates which were levied by the Gaon Panchayats, Anchalik Panchayats, or the

91

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 A ct; or

(g) any investigation, legal proceeding or remedy in respect of such right, privilege, obligation, liabilities, for- feiture or punishment aforesaid and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture, or punish- ment may be imposed as if this Act had not been passed.

(2) When a Gaon Panchayat or Anchalik Panchayat 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;

I -• - '

(3) The persons vacating office on dissolution shall be elligible for reelection or reromihation. Remov*i of 132. If any difficulty arises in giving effect to the difficulties. pr o v is jo n s o f 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.

(a) The State Government may by notification consti- tute a standing committee of Legislatures to resolve dis- putes between the district administration and the Zilla Pari- shad.

pro'wtiw °^f133. When the provisions of this Act ?re withdr- «tc5of pan- awn from any Zilla Parishad or Anchalik Pan- on with- ebayat^or

Gaon Panchayat area, all the proper- drawai of' ties, funds and dues, which were vested in such Fhelet." °^fParishads, Anchalik Panchayats, or Gaon Panchayats, ., n..t ni nci ioeb ssod-s in?. itrsvoO

92

Taking Oath. of

shall be vested in the Dy. Commissioner or the Sub-divi- sional Officer as the case may be, who

allocation of the properties as he deems approval of the Government.

134. Every person who is elected ber of Zilla Parishad, Anchalik Panchayat Panchayat shall, before taking his,seat, make „in - scribe before such authority as may be specified by the shall make such

fit with the prior

h - r .

3 S 7;

•ill to be a or

mcm-

Gaon

and sub 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 follo- wing form,

I, A. B. being a member of t h e .......................... Zilla Pa riih ad/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.

:

r . ' i } 7 0 ' S V . - • J u I - . . I / , r>: F

: 1 >

0

f1 5F ' • y ' ■ nr t t L ; j U y '<2 ! j *0^:J f* j twelnPan' 135. dispute arises between two or more Pancha- *hay"t. .nd yat bodies and local authority or between any two local autho- l?*? 1 auth °-rities the matter shall be referred to the Government or to may direct and

authority shall

f.F

Augmenta- tion of Con- solidated Fund of State.

stb -R f ':

r,tw

' such authority as the State Government the decision of the Government or such be final and conclusive.

■:.x vfirr: ■ Jii.m nse.-Q edl joA irfj lo -■•"'A zirft 1 ^noicivoM 'b rs A'tpitfo

136. AU the measures needed to augment the Consoli- dated Fund of the State to supplement the resources of tAc the Panchayat in the State on the basis of recommendation made by the State Panchayat Finance Commission, shall be taken by the Government as it may deem fit. ■ bnda

I

t Appeal ■«»>• 137. Any employee under a Panchayat institution or per-

"VthZ pan-son aggrieved by any order or act of a Panchayat institu-

ch»y.ti R»i t jon may file an appeal within fifteen days from the date 0B * of receipt of such order or performance of such act, to the . Government whose decision in this regard shall be final-

93

Delegation 138. (1) The State Government may delegate any of their the^P

°JDy^rs

Co- P Q w e rs

under this Act or rules framed thereunder ex-

mmissioner, cept where expressly provided to the contrary to any n" io f f ic e ro r Government officer of Gazetted rank. any other G a

zetted officer.

(2) Except where expressly provided to the contrary, the Government may delegate all or any of the powers ef the Deputy Commissioner or the Sub-divisional Officer under this Act or rules framed there under this to any Government Officer of Gazetted rank.

(3) Except where expressly provided to the contrary, the Deputy Commissioner or the Sub-divisional Officer as the case may be, may delegate all or any of their pow- ers under this Act or rules framed under this Act to any Government officer of Gazetted rank-

(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 p -n c K i'^ t Anchalik Panchayat or Gaon Panchayat may, by subsidiary

and Gaon rules consistent with this Act and with any rules made Panehayat to there under, provided for

make Subsi- ' *

diary Rule*

(a) the time and place of its meeting, the business to jbe 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

(c) the custody of the common seal and the purpose for which it shall be used;

(d) the division of duties among its members and employees ;

(e) the powers to be exercised by the office bearers to whom particular duties have been assigned ;

(f) the person by whom receipt shall be granted for

money received under this Act.

94

S taff Selec- tiaa Board.

- ot

,711.11

u -u

i f . J f t tG ii

140. (i) For Zilla Parishad,Anchalik Panchayat and Gaon Panchayat Grade-Ill and Grade-IV staff shall be appointed by the Chief Executive Officer of Zilla Parish ad on the recommendation of the District Selection Committee of Panchayat and Rural Development Department tuted by the Government in the

Development Department.

Grade-I and Grade-II officers

Panchayats and Zilla Parishad by

. ■' r . Panchayat and consti-

Rural

w

in the

■ - -G

- VOq

GJ J J

toPower make Rule*.

/ i i tH '; 0 b l V l '7 9 t ! 1

Repeal and Saving.

0 j • c c m e u d 3 d ) ' i id T9bf

shall be posted the State Government.

(2) The teachers in schools managed by Panchaya™'- shall be posted by the officer authorised by the Education Department of the State Government on the recommenda- tion of the District Teachers Selection Committee consti- tuted by the Education Department.

141. (1) The State Government may make rules for carrying out the purposes and objects of this Act, J A * * I ..... - . ,

(2) any rule Framed under sub-section (1) may be given retrospective effect.

142. (1) The Assam Panchayat Ordinance, 1994, is Assam Ordi- hereby repealed. 1994.

(2) Notwithstanding such repeal, anything done or any action taken under the ordinance so repealed shall be deemed to have been done or taken under the corresponding

95