42 ASSAM ACT No.VI OF 1961 THE ASSAM PANCHAYAT (AM END MENT) ACT, 1960 Received the assent of the Governor on the 3Gth March 1961 [Publ is' ed in the Assam Gazette, E xtr ao rd nuy, daied the 30th March. 1961 An Act Preamble.
to amend further the Assam Panchayat Act, 195!)
WH EREAS it is expedient to amend further Ass ar a A the Assam Panchay at Act, 1959, hereinafter XX tv o called the Principal Act, in the manner here- 1S59.
inafter appearing ;
It is hereby enacted in the Eleventh Year of the Republ ic of India as follow s :— Short title, 1. (1) This Act may be called the Assam exten t and pa n c ji a ya t (Amendment) Act, 1960.
commencewen t
(2) It shall have the like extent as the Principal Act.
Amendment of Section 11 of Assam Act XXIV of
1959.
(3) It shall come into force at once.
2. In Section 11 of the Principal Act,—
(1) the full stop at the end of sub-sec tion (3) shall be deleted and the words and the punctuation ( . ) "from the date of the first meeting of the Gaon Pan cha yat” shall be added.
(2) after sub section (3) as so amended, the following proviso shall be added, namely : — "Pro vide d that the term of the office fixed under this section shall be held to include any period whic h may elapse between the expiratio n of the said period and the dale of the first meeting of the Gaon Pan chayat new ly constitu ted at which a quorum shall be present. When a Gaon Panchayat is thus duly consti tuted the old Gaon Panchayat shall stand dissolv ed” .
(3) after sub section (3). the following shall be inserted as sub-section (4) and the existing sub-section (4) shall be re numbered as sub section (5), namely— "(4) The representative or representatives elected to the Anchalik Pan chayat from a Gaon 43 Sabha under Section 17 (1) (i) of this Act shali be ex-officio member or members of the Gaon Pan cha yat of that Gaon Sabha ” .
Amendment 3, In Section 16 of the Principal Act,— of Section 16 of Assam Act XX IV Of
1959.
(1) in sub-section (1), the words or co opted” shall be inserted between the words "elected ” and "an d” .
(2) after sub-section (2), the following shall be inserted as sub-section (3), na mely :— "(3) The representative or representatives to the Anchalik Pan chayat who are eligible to be ex-officio member or members of the Gaon Pan chayat under sub-section (4) of Section 11 of this Act shall have the right to attend all meetings and partic ipate in the discussions of the Gaon Pan chayat but shall have no right to vote” .
,\ a c i ment 4. In Section 17 of the Principal Act,— of Sec on 17 of Assam A ct X XIV of . . , . ,
1959. (1) the existing sub-section (2) shall be re numbered as sub section (2) (i) and the follo wing shall be inserted as sub-section (2) (ii), namely :— "(2) (ii) The Anchalik Panc haya t shall co opt one woman member from within the area of its jurisdiction, if no woman is elected to the Anchalik Pan cha yat” .
Substitution 5 For Section 18 of the Principal Act, the of Assam* Act °̂ ô w *n s s hall be substituted, namely :— XXIV of
1959.
“ Election of 18- When the constitution of an Anchalik Panthe President chayat under Section 17 is complete the Deputy and the Vic e-Q o m m i s s i o n e r o r the Subdivisional Officer, as President of c a s e m a y s jl a ]j c a jj a m e e ting of the Panchayat1. Anchalik Pan chayat (which meeting shall be called the first meeting of the Anchalik Pan cha yat) for the election of a President and a Vicevice-President and the members of an Anchalik manner prescribed” .
44 Subst:tu(io 0 p o r Section 19 of the Principal Act, the ' fAs âmAct h>ll°wing shall be substituted, na m ely:— ° X X IV of
1959.
“ Term of 19. The term of office of the President, the office of the Vice-Presdient and the members of an Anchalik President, Pan chayat shall be three years from the date of d̂enTand î e hrst meeting of the Anchalik Panchayat members of under Section 18 :
an Anchalik Panchayat.
Provided that the term of the office fixed under this section shall be held to include any period which may elapse between the expiration of the said period and the date of the first meeting of the Anch alik Pan chayat newly cons tituted. When an Anchalik Pan chayat is thus duly constituted and called to meet for the first time the old Anch alik Pan chayat shall stand dissolved :
Provided furth er that the term of the office of a member elected or co-opted, the President or the Vice-P resident to fill up a casual vacancy shall be the remainder of the term of office of the member, the President or the Vice-President whom he repla ces” .
Amendment 7. In Section 22 of the Principal Act, in subot Se.t icn22 s e c jjo n (j j after the existing proviso the follow- ° XXlV ofCt'n g shall be added as the second proviso,
1959. namely :— "Pro vide d furth er that if no woman is a mem ber, the Mohkuma Parishad shall co-opt one woman as member from with in the area of its jurisdict ion” .
An endment Section 23 of the Principal Act— (1) for of Section 23 sub-section (1), the following shall be substituof Assam Actted, namely :— X X IV of
1959.
‘Election o f 23. (1) When the constitution of a Mohkuma he President,Parishad under Section 22 is complete, the h sklent and Commissioner or the Subdivision al Officer.
Stan ing a s the case m a Y he, shall call a meeting of the Committee. Mohkuma Parishad (which meeting shall be called the first meeting of the Mohkum a Pari shad), for the election of a President and a Vice- President from amongst its members in the manner prescribed.
45
(2) The Mohkuma Parishad, in a meeting, may form sucli number of Standing Committees as may be deemed necessary with the President as the Chairman and with such powers and fun c tions as may be prescribed” .
(2) the existing sub-section (2) shal l be re numbered as sub-section (3).
Substitution 9. For Section 24 of the Principal Act, the of Assam \ct °̂ ô w *n ̂ S*1U^ substituted, na m ely:— X X IV o f
1959.
“ Term of 24 . (1) The term of office of the President, the President l lth e ' ‘ c e ^ r e s ^ e n t a n ( ̂ ^ l e m e m bers of a Mohkuma Vice-Pr’esi- Parishad shall be three years from the date of dent and the first meeting of the Mohkuma Parishad :
members of a Pa°ishad.a Provided that the term of the office fixed under this section shall be held to include any period whic h may elapse between the expiration of the said period and the date of the first meeting of the Mohkuma Parishad newly constituted. When a Mohkuma Parishad is thus duly constituted and it meets for the first time, the old Mohkuma Parishad shall stand dissolved :
Provided further that the term of office of a member, the President or the Vice-President as the case may be, to fill up a casual vacanc y shall be the remainder of the term of office of the member, the President or the Vice-P resident whom he replaces.
(2) No person shall be entitled to continue as a member of a Mohkuma Parishad under clauses (i), (ii) and (iii) of sub-section (1) of Sectio n 22, if he ceases to be—
(a) the President of the Anchalik Panchay a t ; or
(b) the member of the Parliament or the State Legis lative Assembly, as the case may be ; or
(c) 1 he Chairman of the Municipality or the Town Committee or the School Board, as the case may be.
(3) No person appointed by virtue of his office under clause (iv) of sub-sec tion (1) of Section 22, shall continue as a member of a Mohkuma Parishad if he ceases to hold the office” .
46 Ame ndm ent of Sec tion 33 of Assam Act X X I V of
1959.
10. In Section 33 of the Principal Act,—
(1) In the marginal notes the full-s top after the words "Gao n Panchay ats” shall be deleted and the words and the full stop "or Anchalik Pan chayats ” shall be added.
(2) afte r the words "Gaon Panchayat” in the third line the comma shall be deleted and the words and the comma "or an .Anc halik Pan cha yat” shall be added.
Substitutio n H. For Section 49 of the Principal Act, the of Sec tion 49 fo l l o w i n „ s h a p pe substituted, na m ely: — of Assam Ac t X X I V of
1959.
* “ Appoi nt- 49 (1) Subject to the 'pre scribed conditions, a ment of fi a O n Panchay at or an Anchalik Pan chayat may Com mntees . a ppp jn t Committees with powers to co-opt mem bers -to assist it in the discharge of any specified duty or class of duties and may delegate to such Committees any of its powers as may be deemed necessary.
(2) The President and the Secretary of the Gaon Pan chayat or the President and the Ex ecu tive Officer of the Anchalik Panchayat, as the case may be, shall be members of each of the Committees of the Gaon Panchayat or the Ancha lik Panchay at, as the case may be.
(3) The term of the office of the members of the Committees shall be decided by the Gaon Panchay at or the Anchalik Panch aya t” .
S u obfs Sec tion Section 165 of the Principal Act, the 165 o f Assamfollowing shall be substituted, na m ely: — Act X X I V of
1959.
“ Effect of 165. (1) From the date the Assam Loca l repeal. Self-Government Act. 1953 is repealed under sub section (1) of Section 163 of this Act, all the assets including the Local Board Fund belonging to any Loca l Board shall vest in the Deputy Commissioner or the Subdivisional Officer, as the case may .be, who shall hold the assets in trust and perform and exercise all such duties and powers as assigned to the Boar d under the Act repealed until these are made over in accor dance with the order of the State Government or such Officer or Officers as the State Govern ment may appoint in this behalf, to the Mohkuma Parishad or to the Anch alik Pan chayat or to the Ad-hoc Mohkuma Parishad Committee or to the Ad-hoc Anchalik Pan cha yat Committee or to the Gaon Pan chayat establ ished under this Act in the area over which the Loc al Board, to whom the assets belonged, had jurisdiction.
Assam A X X V 1958 47
(2) On such vesting of the assets as pro vided in sub-section (1). the liabilities of the Locai Board, if any, incurred in the course of performing any legitim ate function by such Board shall be discharged and transferred to the Depu ty Commissioner or to the Subdivisional Officer, as the case may be” .
ASSAM ACT No.VII OF 1961 TH E ASSAM AP PR OPR IA TI ON (N o.I II) AGP, 1961 Received th e as se nt o f the Go ver nor on the 31s t March 1961 [Published in the Assam Gazette, Ex tra ordin ary, dated the 31st Ma rch 1961] An Act to provide fo r the withdraw al of cer tain sums from and out o f the Consolidat e Fund of the State of Assam *o the services of the y ear ending on the th irty- first day of March, 19&2 It is hereby ena cted in the Twelfth Year of the Republic of Ind ia as follows ;— Short title 1. (1) This Act may be called the Assam Ap pro v'd c m- pri ati on (N o.I II) Act, 1961.
mencement.
(2) Th is Act shall come into force with effect from 1st Apr il, 1961.
Wuhdra wa l of Rs.
71,01,26,000 Irom an d out of the Conso lida ted Fund of the Sta te of Assam for the financial year 1961-
62.
2. From and out of th e Consolida ted Fun d of the Sta te of Assam the re may be paid and app lied sums no t exceeding those specified in column (3) o* the Schedule amoun ting in the aggregate to the sum of Seventy-one crores, one lakh and twenty-six thous and rupees towards defra ying the several charges which will c.' me in course of pay ment during the year ending on the thirty-fir st day of March . 1962 in respect of the services specified in column (2) of the Schedule.
Apprcpria# 3. The sums author ised to be paid and app lied tion, from and out of the Consolidated Fund of the Sta te of Assam by this Act, shall be appro priated for the services and purposes expressed in the Schedule in rela tion to the yea r endin g on the thirty -first day of Ma rch , 1962-