The Assam Panchayat Act, 1994 Complete Act - Bare Act

Vide notifiaction, No. LGL. 17/94/509, dated the 6th May, 1994 and Published in the Assam Gazette (Extraordinary No.49) Dated the 6th May, 1994 pp. 504 to 688.

An Act to amend and consolidate laws relating to Panchayat in Assam.

Whereas it is expedient of amend and consolidate laws relating to Panchayats in Assam.

It is hereby enacted in the Forty-fifth Year of Republic of India as follows-

In view of the Constitution (Seventy-third, Amendment) Act, 1992, it becomes necessary to amend and consolidate the laws relating to Panchayats in Assam. As the Legislature of the State of Assam was not in session, it was necessary and expedient to achieve the object by way of promulgation of an Ordinance and as such the Ordinance, namely, the Assam Panchayat Ordinance, 1994 was promulgated.

Now the Ordinance has been sought to be replaced by the Bill, namely, the Assam Panchayat Bill, 1994.

In the Ordinance as published in the Gazette the provision as to delegated legislation was left out. The power to make rules for the successful implementation to the legislation is indispensable. Hence in the present Bill this has been sought to be incorporated by insertion of a new Section 141 (after the existing Section 140 of the Ordinance) which would deal with the powers to make rules.

Besides, in sub-section (ii) of Section 1 of the Ordinance, the word 'or' in between the words 'been' and 'hereinafter' has been sought to be inserted.

Hence the present Bill to replace the Assam Panchayat Ordinance, 1994 with the above modifications.

For removal of difficulties in implementing some of the provisions of the Assam Panchayat Act, 1994 and to make the functioning of the Panchayats more effective in Assam, it was felt expedient to constitute a High Power Committee to examine the provisions of the existing State Panchayat Act and Rules made thereunder and to recommend amendment including interim recommendations in respect of provisions relating to delimitation of Zilla Parishad constituencies.

Accordingly, a High Power Committee was constituted vide this Department's Notification No. PDA. 208/96/4, dated 6th September 1996. The High Power Committee deliberated on the matter in its meetings held on 20th September 1996, 18th October 1996 and 24th December 1996 and recommended the amendments as proposed in the Assam Panchayat (Amendment) Bill, 1997. (Published in the Assam Gazette Extraordinary No. 74 dated the 20th March, 1997.)

In the Assam Panchayat Act, 1994 the provisions for reservation of seats for the President and the Vice President of the Zilla Parishad for the reserved category candidates viz -- Scheduled Castes and Scheduled Tribes and the candidates from the women community in the State were not reflected as provided by the 73rd Amendment of the Constitution of India. To make up the deficiencies in the constitutional requirement the proposed amendment for reservation of seats for Scheduled Castes, Scheduled Tribes and women for president/Vice President of Zilla Parishad has been formulated.

And with a view to impose financial discipline and to keep the administrative expenditure at a reasonable level, the condition has been put in the Act in regards to appointment of Grade-Ill and Grade-IV Staffs in the Panchayati Raj Institutions. [Published in the Assam Gazette Extraordinary No. 173, dated 28th September, 2001].

In the Assam Panchayat Act, 1994 the population criter a for reservation of the office of the Chairperson of Gaon Panchayat has been considered on the basis of the population of the State in Section 9(4) of the Assam Panchayat Act, 1994.

Whereas in the same Act, in Section 10 (2) (9) the population criteria for reservation of seats for SC/ST are taken on the basis of the population of the District.

To remove any doubt and also to make it legally correct and for keeping similarities with Section 10(2) (a) of the Assam Panchayat Act is reservation Principal Government therefore, proposed to substitute the word "State" appearing in 6th and 7th line of the second para of the sub-section 4 of the Section 9 of the Assam Panchayat Act, 1994 by the word "District".

Accordingly while the Assam Legislative Assembly was not in Session the Government in P. & R.D Department has prormulgated an Ordinance Viz-Assam Panchayat (Amendment) Ordinance, 2001 with the assent of the Hon'ble Governor of Assam.

Now it is proposed to convert the said Ordinance to a Bill for placement in the ensuing Budget Session of the Assam Legislative Assembly 2002. [Published in the Assam Gazette Extraordinary No. 298, dated 7th March, 2002.

(1) This Act may be called the Assam panchayat Act, 1994.

(2) It shall extend to the whole of Assam in the rural areas except the Autonomous District under the Sixth Schedule of the Constitution of India and shall exclude any area which has been or hereinafter may be included in a Municipality or a Town Committee or a Cantonment constituted under the Assam Municipal Act, 1956 and the Contonment Act, 1924 respectively or by any other Act.

(3) It shall come into force at once (With effect from May 6th, 1994, Published in the Assam Gazette (Extraordinary No. 49 Dated May 6th 1994).

In this Act, unless there is anything repugnant in the subject or context--

(1) "Gaon Sabha" means a body consisting of persons registered in the electoral rolls relating to a village comprised within the area of "Gaon Panchyat";

(2) "Gaon Panchyat" means Goan Panchayat established under this Act;

(3) "Anchalik Panchayat" means an Anchalik Panchayat established under this Act;

(4) "Zilla Parishad" means a Zilla Parishad established under this Act;

(5) "Local Authority" includes Gaon Sabha, Gaon Panchayat, Anchalik Panchayat, Zilla Parishad, Municipal Corporation, Municipal Boards and Town Committees;

(6) "Notification" means a notification published in the official Gazattee;

(7) "Panchayati Raj Bodies" means the Gaon Panchayat, Anchalik Panchayat and Zilla Parishad;

(8) "Adult" means a person male or female having completed his or her eighteen years of age;

(9) "Village" means any local area, recorded as a village in the revenue record of the District in which it is situated and includes any areas which the State Government may, by general or special order, declare to be a village for the purpose of this Act;

(10) "Co-operative Society" means a society registered or deemed to be registered under the Assam Co-operative Societies Act, 1949, or under any Central Act regulating the registration of Co-operative Societies;

(11) "Member" means a member of a Gaon Panchayat or a Anchalik Panchayat or of a Zilla Parishad;

(12) "Ex-officio Member" means a member who is appointed to be a member by virtue of his office, and for the purpose of Gaon Panchayat or Anchalik Panchayat or Zilla Parishad and may include local Members of Parliament, local Members of Legislative Assembly, State Government officials, Representative of local Co-operative Societies and representative of local scheduled or non-scheduled banks;

(13) "Co-opted Member" means a person co-opted to be a member of Gaon Panchayat or Anchalik Panchayat or Zilla Parishad;

(14) "Scheduled Caste" means such caste, race or tribe or part of or group within such caste, race or tribe as is deemed to be Scheduled Caste in relation to the State of Assam under Article 341 of the Constitution of India;

(15) "Scheduled Tribe" means such tribe or tribal community as is deemed to be Scheduled Tribe in relation to the State of Assam under Article 342 of the Constitution of India;

(16) "Public-Servant" means a public servant as defined in Section 21 of the Indian Penal Code, 1860;

(17) "Public-Property" means any property belonging to Government or any local authority;

(18) "District' means a district in a State;

(19) "Bazar, Hatt or Market" means any place within the administrative control of the local authority where persons assemble daily or bi-weekly or periodically for sale or purchase of article to human or animal consumptions or of livestocks or of other merchandise;

(20) "Carriage" means any wheeled vehicle with springs or other appliances acting as spring or a kind ordinarily used for conveyance of human beings and includes bicycles, tricycles, rickshaws, of all kinds and country boat whether operated with or without engine but does not include motor-vehicle and perambulators;

(21) "Cart" means any cart, hackney or wheeled vehicle with or without springs which is not a carriage as defined in sub-section 20;

(22) "Cattle" includes such quadrupeds as are included in the Cattle Trespass Act, 1881;

(23) The expression "Complaint" and "Offence" shall have the same meaning as in Section 2 of the Code of Criminal Procedure, 1973;

(24) "Bye-Law" means bye-law made and approved under the provision of this Act;

(25) The expression "Decree Holder", "Judgment", "Debtor" "Legal representative" and "Moveable Property" shall have the same meaning as in Section 2 of the Code of Civil Procedure, 1908;

(26) (i) "Financial year" means the year commencing on the first day of April every year and ending on the thirty-first day of March next year.

(ii) "Panchayat Year" means the year commencing on the first day of July or on such other date as the State Government may by notification appoint.

(27) "House-hold" means a house or houses used by a family for dwelling purpose (house includes building);

(28) "Prescribed" means prescribed by the State Government by rules made under this Act;

(29) "Proceeding" means any proceeding specified under this Act, other the 'case', 'action' or 'suit';

(30) "Water Course" includes river, stream, channel, tank, well and aquaduct;

(31) "Sur-charge' means an additional charge or payment;

(32) "Development Departments" under the provision of this Act shall include such departments as may be notified by the State Government from time to time;

(33) "State Government" means the Government in the Panchayat and Rural Development Department, Assam;

(34) "President" means a non-official who is elected as the President of Gaon Panchayat or Anchalik Panchyat or Zilla Parishad;

(35) "Vice-President" means a non-official who is elected as the Vice-President of Gaon Panchayat or Anchalik Panchayat or Zilla Parishad;

(36) "Chairperson" means the elected non-official head, either male or female as the case may be of Gaon Panchayat or Anchalik Panchayat or Zilla Parishad or a District Planning Committee;

(37) "Block Development Officer" means an officier who is notified as such for a Development Block;

(38) "Chief Executive Officer" means the executive head of the Office of Zilla Parishad;

(39) "Executive Officer" means the Block Development Officer, who shall function as executive officer of an Anchalik Panchayat, the boundary of which is co-terminous with that of the Development Block;

(40) "Secretary" means the Secretary of a Gaon Panchayat;

(41) "Deputy Commissioner" means the Deputy Commissioner of a District so notified by the Government. The term Deputy Commissioner shall mean and include an Additional Deputy Commissioner and a Sub-Divisional Officer of an outlying Sub-Division;

["(42) "Moral Turpitude" means and act that gravely violet the moral sentiment or accepted moral standard of community or fellowment;

(43) "Uncertified bankrupt" means bankrupts who are not granted Certificate of discharge from their existing debt;

(44) "Undischarged insolvent" means insolvent who are not discharged from future liability for debt then existing"] (Inserted Clauses "(42) (43) and (44)' by Assam Act No. XXV of 1999 S.2. (w.e.f.) March 30, 2000), Published in the Assam Gazette Extraordinary No. 65. dated March 30, 2000).

(1) The Government shall constitute in every district a District Planning Committee to consolidate the plans prepared by Zilla Parishad, Anchalik Panchayats, Gaon Panchayats, Town Committees, Municipalities and Municipal Corporations in the district and to prepare a draft development plan for the district as a whole.

(2) The District Planning Committee shall consist of--

(a) the members of the House of people who represent the whole or part of the district;

(b) the members of the Assam Legislative Assembly whose major part of the constituencies fall within the District;

(c) the President of the Zilla Parishad;

(d) the Mayor or the Chairpersons of the Municipal Corporation/ Municipal Board/Town Committee as the case may be having Jurisdiction over the Head Quarter of the District;

(e) such member of persons not less than ("four fifth") (Substituted for the words "(two word" ) by the Assam Act No. IV of 2002 (w.e.f. 7th May, 2002), (Published in the A.G.E.O. No. 355, dated 7th May, 2002) which was substituted for the words "four fifth" by Assam Act No. X of 1997 Section 2 (w.e.f 30th April, 1997). (Published in the Assam Gazette Extraordinary No. 117, dated April 30, 1997, at page 870)) of the total number of Members as may be specified by the Government, elected in the prescribed manner from amongst the members of the Zilla Parishad, Councillors of Municipal Corporation or the Municipalities as the case may be, and the members of the Town Committees in the Districts on rotation annually and in proportion to the ratio between the population of the rural areas and of the urban areas of the District;

[(f) Omitted.] (Omitted Clause (f) by S. 2 ibid. Which was Inserted clause "(f)" by Assam Act No. X of 1997 S. 2. (w.e.f. 30th April, 1997))

(3) The Deputy Commissioner shall be a permanent invitee of the Committee as a Ex-Officio Member.

(4) The Chief Executive Officer of the Zilla Parishad shall be the Ex-Officio Secretary of the Committee.

["(5) The President of the Zilla Parishad shall be the Ex-Officio Chairman of the District Planning Committee."] (Substituted sub-section "(5)" of S. 3 by the Assam Act. No. IV of 2002 (w.e.f. 7th May, 2002) which was substituted by the Assam Act No. X of 1997 (w.e.f. 30th April, 1997)).

["(6)] The District Planning Committee shall consolidate the plan prepared by the Zilla Parishad, Anchalik Panchayats and Gaon Panchayats, Town Committees, Municipalities and Municipal Corporation in the District and prepare a draft development plan for the District as a whole.

["(7)] (The Existing S. 3A. (1), (2) and (3) re-numbered as sub-section "(6), (7) and (8)" of Section 3 and the marginal note of Section 3 A, Omitted by S.3. ibid) Every District Planning Committee shall in preparing the draft development plan;--

(a) have regard to--

(i) the matter of common interest between Zilla Parishad, Anchalik Panchayats, Gaon Panchayats, Municipalities or Municipal Corporation as the case may be and the Town Committee in the District including Sectoral Planning sharing of water and other physical and natural resources, the integrated development of infrastructures and environmental conservation;

(ii) the extent and type of available resources whether financial or otherwise;

(iii) consult such instructions and organisations as the Governor may by order, specify.

["(8)"]" The Chairperson of every District Planning Committee shall forward the District Plan, as recommended by such Committee, to the Government for approval within a specified period as may be prescribed by the State Government.

Note -- Original clause "(f)" read as follows-

"(f) The Minister-in-charge of the District to be notified by the Government".

Note -- Before substitution of sub-section (5) of Section 3 read as follows--

(5) The Minister-in-Charge of the respective District, to be notified by the Government, shall be the Chairman of the District Planning Committee and the President of the concerned Zilla Parishad shall be the Vice-Chairman of the District Planing Committee."]

Note -- Omitted marginal note read as follows-

"Duties and function of the District Planning Committee". Which was renumbered as-- The Existing sub-sections (6), (7) and (8) renumbered as Section 3A (1), (2) and (3), After re-numbering as Section 3 A (1), the marginal note inserted by Assam Act. No. X of 1997 (w.e.f. 30th April, 1997). S.2 [Published in Assam Gazettee Extraordinary No. 117 dated April, 30, 1997 at page 870].

(1) Subject to the general orders of the Government --

(i) the Gaon Sabha shall meet from time to time but a period of three months shall not intervene between any two meetings;

(ii) the Gaon Sabha shall consist of persons registered in electoral rolls relating to a village or a group of villages comprised within the area of the Gaon Panchayat; (iii) the Gaon Sabha shall consider the following matters and may make recommendations and suggestions in the Gaon Panchayats--

(a) the report in respect of Development Programme of the Gaon Panchayat relating to the preceding year and development programe proposed to be undertaken during the current year.

(b) the promotion of unity and harmony among all sections of society in the villages;

(c) such other matters as may be prescribed.

(2) The Gaon Panchayat shall give due consideration to the recommendations and suggestions of the Gaon Sabha.

(3) Evey meeting of the Gaon Sabha may be presided over by the Prsident of the concerned Gaon Panchayat and in his absence bythe Vice-President or any person to be selected bythe majority of the Gaon Sabha member for the meeting.

(4) The meeting of the Gaon Sabha shall be convened by the Secretary of the Gaon Panchayat with due approval of the President of the Gaon Panchayat and in consultation with the Block Development Officer concerned provided wide publicity is given fifteen days ahead of the date for holding the Gaon Sabha Meeting.

(5) If the President fails to approved the convening of the Gaon Sabha, the Secretary of the Gaon Panchayat shall convene the Gaon Sabha in time in consultation with the B.D.O. Whenever, Anchalik Panchayat directs for holding such Gaon Sabha for the purpose for selection of beneficiary of Rural Development Programes, The Secretary of the Gaon Panchayat ["shall'] (Substituted by Assam Act No. X of 1997 for the word "will" S. 3 (w.e.f. 30th April 1997) convene the meeting within twenty days time [from the date of such direction] (Inserted by S. 3, Ibid).

(6) Quorum (i) --The quorum for a meeting of the Gaon Sabha shall be one-tenth of the total members or one hundred number of voters of the village/vilalges whichever is less.

(ii) If at time of appointment for the meeting, a quorum is not present, the presiding authority shall wait for thirty minutes and if within such period, there is no quorum, the presiding authority shall adjourn the meeting to same day of the following week or anyother date or time which shall not be less than twenty-four hours and more than seven days. The adjourned meeting shall not require quorum for taking up the business which could not be considered at the meeting so fixed.

(7) Resolution -- Any resolution to the matter entrusted to the Gaon Sabha under this Act, shall have to be passed by a majority of votes of themembers present.

(8) Functions-- The Gaon Sabha shall perform the following functions namely--

(a) mobilizing voluntary labour and contribution in kind and cash for the Community Welfare Programmes;

(b) identification of beneficiaries for the implementation of development scheme pertaining to the villages :

Provided that in case the Gaon Sabha fails to identify the beneficiaries within a reasonable time, the Secretary of the Gaon Panchayat in consultation with the President of the Gaon Panchayat and the Block Development Officer concerned will identify the beneficiaries including the beneficiaries under Integrated Rural Development Programme :

Provided further that if the Secretary fails to convene the Gaon Sahba in time for selection of beneficiaries for Rural Development Programme, the Block Development Officer shall convene the Gaon Sabha for such specific purpose;

(c) rendering all kinds of assistance in theimplementation of development schemes pertaining to villages and rendering services in the villages.

(9) The President, Vice-President and the members of the Gaon Panchayat/Anchalik Panchayat shall not be entitled to anysitting allwance for attending the Gaon Sabha.

(1) The State Government may by notification, declare any local area comprising a revenue village or a group of revenue villages or a Forest village or a Tea-Garden area or hamlets forming part of revenue village of Forest Village or tea garden area or other such administrative unit or part thereof to be a Gaon Panchayat with population of its territory not less than six thousand and not more than ten thousand :

Provided that, where a group of revenue villages or Forest villages or Tea Garden areas or hamlets or other such administrative units or part thereof as the case may be, having the largest population: ["Provided further that the local area of Gaon Panchayats declared under the provisions of the Assam Panchayat Act, 1994 (Assam Act No. XVIII of 1994) with a population less in number or more in number than the population earmarked in this section shall continue to be valid for the purposes of this Act."] (Substituted "second proviso" by Assam Act No. X of 2000, S.2, w.e.f. 29th September 2000 [Published in the Assam Gazette Extraordinary No. 201, dated 29th September 2000]).

(2) After consultation with the Gaon Panchayat, if it has already been established, the Government may, by similar notification, at any time--

(a) include within or exclude from any village, any local area or otherwise, from the limit of any village; or

(b) declare that any local area shall cease to be a village and thereupon the local area shall be so excluded from the limit of the village so altered.

(3) Every Gaon Panchayat shall be a body corporate by the name of.......Gaon Panchayat having perpetual succession and a common seal, with power to acquire and hold property both movable and immovable, whether within or without the limits of the village over which it has authority and may be its corporate name sue and be sued.

Note -- Before substitution second proviso of Section 5, in sub-section (1) which was inserted by Assam Act. No. X of 1997, S. 4, w.e.f. 30th April, 1997, read as follows :-- "provided further that the existing local area of gaon Panchayats established under the provisions of the Assam Panchayati Raj Act, 1986, with a population less in number than the population earmarked in this section for a Gaon Panchayat, shall continue to be valid for the purposes of this Act,- till such time as the Government may declare any local area to be such Gaon Panchayat in accordance with this Act".

(1) The Gaon Panchayat shall consist of--

(a) ten members to be directly elected by the voters of the territorial constituenceis of the Gaon Panchayat area -one from each constituency in the manner prescribed;

(b) president of the Gaon Panchayat who shall be elected directly by the voters of the territorial constituencies of the Gaon Panchayat area in the manner prescribed.

(2) For the convenience of election, the prescribed authority shall in accordance with such rules as may be prescribed in this behalf by the Government, divide the area of the Gaon Panchayat into ten territorial constituencies and allot one seat for each constituency.

(3) When the Gaon Panchayat is constituted under this Section, the Deputy Commissioner or an officer authorised by the Deputy Commissioner for this purpose shall call a meeting of the Gaon Panchayat (which shall be hereinafter called the first meeting of the Gaon Panchayat) for election of a Vice-President from amongst the members in the manner prescribed.

Every Gaon Panchayat, save as otherwise provided in this Act, shall continue for a term of five year from the date appointed for its first meeting :

Provided that the term of the office fixed under this sub-section shall be held to include any period which may elapse between the expiration of the said period and the date of the first meeting of the Gaon Panchayat newly constituted in which a quorum shall be present when a Gaon Panchayat shall stand dissolved.

(1) The election to constitute a Gaon Panchayat shall be completed--

(a) before the expiration of its duration specified in Section 7;

(b) in case of dissolution, before the expiration of a period of six months from the date of its dissolution :

Provided that where the reminder of the period for which the dissolved Gaon Panchayat whould have continued is less than six months, it shall not be necessary to hold any election under this sub-section for constituting the Gaon Panchayat for such period.

(2) Gaon Panchayat constituted upon the dissolution of a Gaon Panchayat before the expiration of the duration shall continue only for reminder of the period for which the dissolved Gaon Panchayat would have continued under Section 7 had it not been so dissolved.

(1) In every Gaon Panchayat seats shall be reserved for--

(a) Scheduled Caste; and

(b) Scheduled Tribes;

and the number of seats so reserved shall bear, as nearly as may be, the same proportion of the total number of seats to be filled up by direct election in that Panchayat as the population of the Scheduled Castes in that Gaon Panchayat area or of the Scheduled Tribes in that area bears to the total population of that area and such seats shall be allotted by rotation to different constituencies in a Gaon Panchayat in such manner as may be prescribed.

(2) Not less than one-third of the total number of seats reserved under sub-section (1) shall be reserved for women belonging to the Scheduled Castes or as the case may be, the Scheduled Tribes.

(3) Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Caste and the Scheduled Tibes) of the total number of seats to be filled up by the direct election in every Gaon Panchayat shall be reserved for women and such seats may be allotted by rotation to different constituencies in the Gaon Panchayats in such manner as may be prescribed.

(4) The Offices of the Chairpersons in the Gaon Panchayats shall be reserved for the Scheduled Castes, Scheduled Tribe and women in such manner as may be prescribed :

Provided that the number of Offices of Chairpersons reserved for the Scheduled Castes or Scheduled Tribe in the Gaon Panchayats shall bear as nearly as may be, the same proportion to the total number of such offices in the Gaon Panchayats as the population of the Scheduled Castes in the ["District'] (Substituted for the word "State" by the Assam Act No. V of 2002 (w.e.f. 7th May, 2002). [Published in the A.G.E.O. (No. 354) dated 7th May, 2002]) or of the Scheduled Tribes in the ["District'] (Substituted for the word "State" by the Assam Act No. V of 2002 (w.e.f. 7th May, 2002). [Published in the A.G.E.O. (No. 354) dated 7th May, 2002]) bears to the total pupulation of the ["District'] (Substituted for the word "State" by the Assam Act No. V of 2002 (w.e.f. 7th May, 2002). [Published in the A.G.E.O. (No. 354) dated 7th May, 2002]) :

Provided further that not less than one-third of the total number of Offices of Chairpersons in the Gaon Panchayats shall be reserved for women:

Provided also that the number of offices reserved under this sub-section shall be allotted by rotation to different Gaon Panchayats.

(1) After the election of the President of the Gaon Panchayat under Section 6 (1)(b) and the Vice-President under Section 6 (3) if any vacancy occurs by reason of death, resignation or removal in the office of the President or the Vice-President as the case may be the Gaon Panchayat shall elect the President under Section 6 (1)(b) or the Vice-President under Section 6 (3) as the case may be :

Provided that no election shall be held if the vacancy is for a period of less than one month.

(2) Subject to the general or special order of the Government the Deputy Commissioner shall reserve--

(a) such number of Offices of the President and the Vice-President of Gaon Panchayats in the district for the Scheduled Castes and the Scheduled Tribes and the number of such offices bearing, as nearly as may be, the same proportion to the offices in the District on the population of the Scheduled Castes in the district or the Scheduled Tribes in the district bears to the total population of the district;

(b) not less than one-third of the total number of offices of President and Vice-President of Gaon Panchayat in the district from each of the categories which are reserved for persons belonging to the Scheduled Castes and Scheduled Tribes and of those which are not reserved for women :

Provided that the offices reserved under this sub-section shall be allotted by rotation to different Gaon Panchayats in such manner as may be prescribed provided that the principle of rotation for purpose of reservation of offices under this Scection shall commence from the first election to be held after the commencement of this Act.

President of the Gaon Panchayat under this Act shall be decided by the Deputy Commissioner.

(1) The term of office of every President and every Vice-President shall, save as otherwise provided in this Act, cease on the expiry of his term of office as member of the Gaon Panchayat.

(2) Allowances and other conditions of service of President and Vice-President shall be as may be prescribed.

(1) The President shall--

(a) be responsible for convening the meeting of Gaon Sabha;

(b) be responsible for convening the meeting of the Gaon Panchayat and preside over its meetings;

(c) be responsible for the maintenance of the records of the Gaon Panchayat;

(d) have the general responsibility for the financial and executive administration of the Gaon Panchayat

(e) exercise administrative supervision and control over work of the staff of the Gaon Panchayat and the officer and employees whose services may be placed at the disposal of the Gaon Panchayat by any other authority;

(f) for the transaction of business connected with this Act or for the purpose of making any order authorised thereby, exercise such powers, perform such functions or discharge duties as may be prescribed, performed or discharged by the Gaon Panchayat under this Act or the rules made thereunder :

Provided that the President shall not exercise such powers, perform such functions and discharge such duties as may be required by the rules made under this Act;

(g) exercise such other powers, perform such other functions and discharge such other duties as the Gaon Panchayat may, by general or special resolution, direct or as the Government may by rules made in this behalf, prescribe.

(2) The Vice-President shall--

(a) exercise such of the powers, perform such of the functions and discharge such of the duties of President as the President may, from time to time, subject to rules made in this behalf by the Government, delegate to him by order in writing:

Provided that the President may at any time withdraw all or any of the powers, function and duties so delegated to the Vice-President;

(b) during the absence of the President, exercise all the powers, perform all the functions and discharge all the duties of the President with the approval of the President of the Gaon Panchayat;

(c) exercise such other powers, perform such other functions and discharge such other duties as the Gaon Panchayat may, by general or special resolution, direct or as the Government may, by rule made in this behalf, prescribe;

["(d) exercise all the powers, perform all the functions and discharge all the duties of the President as provided under sub-section (1) of Section 13, if the President be removed, and or dies or resigns, till the office of the President is filled up in the manner as provided under sub-section (1) (b) of Section 6."] (Inserted by Assam Act. No. X of 1997, S. 6 (w.e.f. 30th April, 1997) [Published in the Assam Gazette Extraordinary No. 117. dated April 30, 1997 at page 873).

(1) The president or the Vice-President of Gaon Panchayat may resign his office by writing under his hand addressed to the Deputy Commissioner and to the President of the Gaon Panchayat, as the case may be.

(2) Every resignation under sub-section (1) shall take effect on the expiry of fifteen days from the date of its receipt by the authority unless within this period of fifteen days he withdraws such resignation by writing under his hand addressed to the Deputy Commissioner in case of President and to the President of the Gaon Panchayat in respect of Vice-Presidnet.

(3) Every President or Vice-President shall vacate the office if he ceases to be member of Gaon Panchayat.

(Substituted by Assam Act. No. X of 1997 S. 6 (w.e.f. 30th April, 1997)) ["(1) Every President or Vice-President shall be deemed to have vacated his office forthwith when resolution expressing want of confidence in him is passed by a majority of two third of the total number of members of the Gaon Panchayat.

Such a meeting shall be specially convened by the Secretary of the Gaon Panchayat with approval of the President of the Gaon Panchayat. Such meeting shall be presided over by the President if the motion is against the Vice- President, and by the Vice-President, if the motion is against the President. In case such a meeting is not convened within a period of fifteen days from the date of receipt of notice, the Secretary of the Gaon Panchayat shall within three days, refer the matter to the President of the concerned Anchalik Panchayat, who shall convene the meeting within seven days form the date of receipt of the information from the Secretary of the Gaon Panchayat and preside over such meeting.

In case the President of the Anchalik Panchayat does not take action as above, within the specified seven days time, the concerned Gaon Panchayat Secretary shall inform the matter to the Deputy Commissioner/Sub-Divisional Officer (Civil) as the case may be within three days after the expiry of the stipulated seven days time and the concerned Deputy Commissioner/Sub-Divisional Officer (C) shall convene the meeting within seven days from the date of the receipt of the information with intimation to the Zilla Parishad and the Anchalik Panchayat and preside over the meeting so convened :

Provided that the concerned Deputy Commissioner/Sub-Divisional Officer (C) as the case may be, in case of his inability to preside over the meeting, may depute one Gazetted Officer under him not below the rank of Class -I Gazetted Officer to preside over such meeting:

Provided further that when a non-confidence motion is lost, no such motion shall be allowed in the next six months."]

(2) The requisition for such a special meeting under subsection (1) shall be signed by not less than one third of the total number of members of the Gaon Panchayat and shall be delivered to the President or Vice-President as the case may be, of the concerned [Gaon Panchayat] (Substituted by Assam Act No. X of 1997, for the words "Anchalik Panchayat" S. 6 (w.e.f 30 the April, 1997) [Published in the Assam Gazette Extraordinary No. 117, dated April 30, 1997 at page 873]) with information to the Deputy Commissioner of the District.

(3) Without prejudice to the provision under this Act a President or a Vice-President of a Gaon Panchayat may be removed from office by the concerned Anchalik Panchayat with the approval of the Zilla Parishad for misconduct of his/ her duties or neglects or incapacity to perform his/her duties or for being persistently remiss in the discharge of or guilty of any disgraceful conduct and President or Vice-President so removed shall not be eligible for re-election as President or Vice-President during the remaining term of office either as President or Vice-President of such Gaon Panchayat:

Provided that no such President or Vice-President of a Gaon Panchayat shall be removed from office unless he is given reasonable opportunity to furnish explanation to the Anchalik Panchayat.

(4) A Vice-President so removed from his office under subsection (3) may also be removed from membership of the Gaon Panchayat by the Government after giving ["the"] (Inserted by Assam Act. No. X of 1997, S. 6 (w.e.f. 30th April, 1997) [Published in the Assam Gazette Extraordinary No. 117. dated April 30, 1997 at page 873]) member a reasonable opportunity of furnish his explanation.

(Inserted sub-section (5) in Section 15, by Assam Act No. X of 1997, S.6 (w.e.f. 30th April, 1997) [Published in the Assam Gazetted Extrordinary No. 117, dated April 30, 1997 at page 873-874]) ["(5) If, under sub-section (1), the members of the Gaon Panchayat express want of confidence both in the President and Vice -President of the Gaon Panchayat at the same time and issue notices, the Secretary of the Gaon Panchayat, wihin seven days from the date of receipt of such notices, shall report the matter to the President of the concerned Anchalik Panchayat who shall arrange to convene the meeting within fifteen days from the date of receipt of the intimation, separately, to consider the motion against the President first and to consider the motion against the Vice-President next day and shall preside over both the meetings. The President of the concerned Anchalik Panchayat presiding the meeting shall have no vote.

In case the President of the concerned Anchalik Panchayat does not take action as above, the Secretary of the Goan Panchayat, within three days after the expiry of the stipulated fifteen days time, shall refer the matter to the concerned Deputy Commissioner or the Sub-Divisional Officers (C), as the case may be. On receipt of the information, the Deputy Commissioner or the Sub-Divisional Officer as the case may be, shall convene both the meetings in the manner as above, within fifteen days from the date of receipt of the information with intimation to the concerned Anchalik Panchayat and Zilla Parishad and preside over such meetings :

Provided that the concerned Deputy Commissioner or the Sub-Divisional Officer as the case may be, in case of his inability to preside over the meeting, may depute a Gazetted Officer not below the rank of Class-I Gazetted Officer to preside over such meeting :

Provided further that if it is not possible to hold the meeting for a situation due to non-attendance of the requisite number of members in such meeting or meetings as the case may be, the no-confidence motion shall automatically stands cancelled and motion shall be deemed to have lost, in the event of which no such motion shall be allowed within the next six months."]

Note -- Before substitution of sub-section (1) of Section 15, read as follows : "(1) Every President or Vice-President shall be deemed to have vacated his office forthwith when resolution expressing want of confidence in him is passed by a majority of two-third of the total number of members of the Gaon Panchayat.

Such a meeting shall be specially convened by the Secretary of the Gaon Panchayat with approval of the President of the Gaon Panchayat. Such meeting shall be presided over by the President if the motion is against the Vice President, and by the Vice-President if the motion is against the President. In case such a meeting is not convened within a period of fifteen days from the date of receipt of notice, the Secretary of the Gaon Panchayat shall refer the matter to the President of the concerned Anchalik Panchayat who shall arrange to convene the meeting within fifteen days from the receipt of intimation from the Secretary of the Gaon Panchayat and preside over such meeting.

In case the President of the Anchalik Panchayat does not take action as above within the specified fifteen days time the concerned Deupty Commissioner may refer the matter to the Zilla Parishad for necessary action."

A member of a Gaon Panchayat may resign his membership in writing under his hand addressed to the President of the Gaon Panchayat.

(1) A Gaon Panchayat shall meet for the transaction of business at least once in two months at the office of the Gaon Panchayat and at such time as the President may determine.

(2) The President whenever he thinks fit, and shall, upon the written request of not less than one third of the total number of members and on a date within fifteen days from the receipt of such request, call a special meeting.

(3) Seven clear days notice of an ordinary meeting and three clear days notice of a special meeting specifying the place, date and time of such meeting and the business to be transacted therein shall be given by the Secretary of the Gaon Panchayat and fix the notice on the notice-board of the Gaon Panchayat office.

(4) The officers to whom notice is given under sub-section (3) and other Government officers having jurisdiction over the Gaon Panchayat area or any part thereof shall be entitled to attend every meeting of the Gaon Panchayat and take part in the proceeding but shall not be entitled to vote.

(5) If the President fails to call a special meeting under sub section (2), the Vice-President or in his absence, one third of the total number of members may call such a meeting on a day not more than fifteen days thereafter and require the Secretary of the Gaon Panchayat to issue notice to the members and to take such action is may be necessary to convened the meeting.

(1) The Quorum for a meeting of the Gaon Panchayat shall be one third of the total number of members.

(2) If at the time appointed for the meeting a quorum is not present, the presiding authority shall wait for thirty minutes, and if within such period there is no quorum, the presiding authority shall adjourn the meeting to such time on the following day or such future date as he may fix but not beyond fifteen days from the date of the adjourned meeting. However, the adjourned meeting shall require no quorum.

(3) The business which could not be considered at the meeting so adjourned for want of quorum, shall be brought before and disposed of at the meeting so fixed.

(4) Save as otherwise provided by or under this Act, at every meeting of Gaon Panchayat, the president or in his absence the Vice-President shall preside.

(5) The voting in any meeting of Gaon Panchayat, if required shall be by raising of hands, except in the meeting where no confidence motion is discussed where the matter will be decided by secret ballot.

(6) All questions shall, unless otherwise specially provided, be decided by a majority of votes of the members present. The President/Vice-President presiding, as the case may be, unless he refrains from voting, shall give his vote before declaring the number of votes for and against a question and in the case of equality of votes, he may give his casting vote.

(7) No member of a Gaon Panchayat shall vote on, or take part in the discussion of, any question coming up for consideration at a meeting of Gaon Panchayat, if the question is one in which apart from its general application to the public, he has any pecuniary interest, and if the person presiding has such an interest, he shall not preside over the meeting when such question comes up for consideration.

(8) 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 be carried, he shall not preside at the meeting during such discussion or vote on or take part in it. Any member of the Gaon Panchayat may be chosen to preside at the meeting during its continuance of such discussion.

Subject to such conditions as may be specified by the Government from time to time, the Gaon Panchayat shall perform the functions specified below--

I. GENERAL FUNCTION --

(1) Preparation of Annual Plans for the development of the Gaon Panchayat area.

(2) Preparation of Annual Budget of Gaon Panchayat.

(3) Mobilisation of reliefs in natural calamities.

(4) Removal of encroachments on public properties.

(5) Organising voluntary labours and contribution for community works.

(6) Maintenance of essential statistics of villages.

II. AGRICULTURE INCLUDING AGRICULTURE EXTENSION --

(1) Identification and implementation of various Agricultural Schemes amounting not exceeding rupees fifty thousand for agricultural development in the Gaon Panchayat Area with technical assistance from Agriculture, Co-operation, Irrigation and other concerned departments.

(2) Development of waste lands.

(3) Development and maintenance of village grazing land and preventing their unauthorised alienation and use.

III. ANIMAL HUSBANDRY, DAIRY DEVELOPMENT AND POULTRY--

(1) Improvement of breed of cattle, poultry and other livestock.

(2) Promotion of dairy farming, poultry and piggery.

(3) Grassland development.

IV. FISHERIES --

(1) Development of fisheries in the villages.

V. SOCIAL AND FARM FORESTRY/ MINOR FOREST PRODUCE, FUEL AND FODDER --

(1) Planting and preservation of trees on the sides of roads and other public land under its control.

(2) Plantation of firewood trees and fodder development.

(3) Promotion of farm forestry.

(4) Development of social forestry.

VI. KHADI, VILLAGE AND COTTAGE INDUSTRIES --

(1) Promotion of rural

areness camps, seminar and training programme, agricultural and industrial exhibition for the benefit of the rural people.

VII. RURAL HOUSING --

(1) Distribution of house sites within its jurisdiction.

(2) Maintenance of records relating to the houses, site and other private /public properties.

VIII. DRINKING WATER --

(1) Construction, repairs and maintenance of drinking water wells, tanks and ponds and tube-wells.

(2) Prevention and control of water pollution.

(3) Maintenance of rural water supply scheme.

IX. ROADS, BUILDINGS, CULVERTS, BRIDGES, FERRIES, WATERWAYS AND OTHER MEANS OF COMMUNICATION --

(1) Construction and maintenance of village roads, drains and culverts.

(2) Maintenance of building under in control or transferred to it by the Government or any public authority.

(3) Maintenance of boats, ferries and waterways.

X. RURAL ELECTRIFICATION --

(1) Including identification of locality for distribution of electricity, providing for and maintenance of lighting of public streets and other places.

XI. NON-CONVENTIONAL ENERGY SOURCES --

(1) Promotion and development of non-conventional energy sources.

(2) Maintenance of community non-conventional energy device, including bio-gas plants.

(3) Propagation of improved chulhas and other efficient energy devices.

XII. POVERTY ALLEVIATION PROGRAMME --

(1) Promotion of public awareness and participation in implementation of poverty alleviation programme for fuller employment and creation of productive assets for the community.

(2) Selection of beneficiaries under various programmes including IRDP through Gaon Sabha.

(3) Participation in effective implementation of various schemes and monitoring thereof.

XIII. EDUCATION INCLUDING PRIMARY SCHOOLS--

(1) Promotion of public awareness and participation in Primary and Secondary Education.

(2) Ensuring full enrolment and attendance in Primary Schools and its management including the attendance of the Primary School teachers.

XIV. ADULT AND NON-FORMAL EDUCATION --

(1) Promotion and adult literacy.

XV. LIBRARIES --

(1) Organisation of village library and reading rooms.

XVI. CULTURAL ACTIVITIES --

(1) Promotion of social and cultural activities.

XVII. MARKETS AND FAIRS--

(1) Regulation of fairs including cattle fairs and festivals.

XVIII. RURAL SANITATION --

(1) Maintenance of general sanitation, cremation and burial grounds.

(2) Clearing of public roads, drains, tanks, ponds, wells and other public places.

(3) Maintenance and regulation of burning and burial grounds.

(4) Construction and maintenance of public laterines.

(5) Disposal of unclaimed cropses and careasses.

(6) Management and control of washing and bathing ghats.

XIX. PUBLIC HEALTH AND FAMILY WELFARE --

(1) Implementation of family welfare programme.

(2) Prevention and remedial measures against epidemics.

(3) Regulation of sale of meat, fish and other perishable food articles.

(4) Participation in programme of human and animal vaccination.

(5) Licensing of eating and entertainment establishment.

(6) Destruction of stray dogs.

(7) Regulation of curing, tanning and dying of skins and hides.

(8) Regulation of offensive and dangerous trades.

["(9) Issue of birth and death certificate within the jurisdiction of Gaon Panchayat."] (Inserted by Assam Act. No. X of 1997, S. 7 (w.e.f. 30th April, 1197), [Published in the Assam Gazette Extraordinary No. 117, dated April, 30 1997 at pages 871])

XX. WOMEN AND CHILD DEVELOPMENT--

(1) Participation in the implementation of women and child welfare programme.

(2) Promotion of School health and nutrition programme.

XXI. SOCIAL WELFARE INCLUDING WELFARE OF HANDICAPPED AND MENTALLY RETARDED--

(1) Participation in the implementation of the social welfare programme, including welfare of the handicapped, mentally retarded and distitutes and distribution of foodstuff ["for"] (Substituted by Assam Act. No. X of 1997, for the word "on" S. 7. (w.e.f. 30th April, 1997), [Published in the Assam Gazette Extraordinary No. 117, dated April 30, 1997 at gape 874]) Social welfare programmes.

(2) Selection of beneficiaries and monitoring of the old age and widows pension schemes.

XXII. WELFARE OF THE WEAKER SECTIONS AND IN PARTICULAR THE SCHEDULED CASTES AND SCHEDULED TRIBES --

(1) Promotion of public awareness with regard to welfare of Scheduled Castes and Scheduled Tribes and other weaker section.

(2) Participation in the implementation of the specific programmes for the welfare of the weaker section.

XXIII. PUBLIC DISTRIBUTION SYSTEM --

(1) Promotion of public awareness with regard to the distribution of essential commodities.

(2) Monitoring the public distribution system including keeping sharp vigilance to ensure full and equitable distribution of essential commodities allotted by the State Government.

XXIV. MAINTENANCE OF COMMUNITY ASSETS --

(1) Maintenance of Community Assets.

(2) Preservation and maintenance of other Community Assets.

XXV. CONSTRUCTION AND MAINTEANANCE OF DHARAMSALAS AND SIMILAR INSTITUTIONS.

XXVI. CONSTRUCTION AND MAINTENANCE OF CATTLE SHEDS" (Note--In Sub-section XXVI, after the word SHEDS the punctuation mark "comma" inserted by Assam Act No. X of 1997, S. 7 (w.e.f. 30th April, 1997), [Published in the Assam Gazette Extraordinary No. 117, dated April 30, 1997 at page(sic)), POUNDS AND CART STANDS.

XXVII. MAINTENANCE OF PUBLIC PARKS AND PLAY GROUNDS.

XXVIII. CONSTRUCTION AND MAINTENANCE OF SLAUGHTER HOUSES.

XXIX. MAINTENANCE AND REGULATION OF MANURE.

XXX. SUCH OTHER FUNCTIONS AS MAY BE ENTRUSTED FROM TIME TO TIME BY ORDER OF THE GOVT. IN THE DEPT. OF PANCHAYAT AND RURAL DEVELOPMENT.

(1) The Government may, by notification and subject to such conditions as may be specified therein--

(a) transfer to any Gaon Panchayat the management and maintenance of a forest situated in the Panchayat area;

(b) make over to the Gaon Panchayat the management of waste lands, pasture lands or vacant lands belonging to the Government situated within the Panchayat area;

(c) provided that when any transfer of the management and maintenance of a forest is made under clause (a) the Government shall direct that any amount required for such management and maintenance or an adequate portion of income from such forest be placed at the disposal of the Gaon Panchayat.

(2) The Government may, by notification modify and functions assigned in this Section.

A Gaon Panchayat shall have powers to do all acts necessary for or incidental to the carrying out of the functions entrusted, assigned of delegated to it and, in particular, and without prejudice to the foregoing powers, to exercise all powers specified in this Act.

(1) Every Gaon Panchayat shall constitute the following Standing Committees by election from amongst the elected members of the Gaon Panchayat--

(i) development committee for performing functions relating to agricultural production, animal husbandry and rural industries and poverty alleviation programmes;

(ii) social justice committee for performing functions relating to--

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

(b) protection of such castes and classes from social injustice and any form of exploitations;

(c) welfare of women and children;

(iii) social welfare committee to perform functions in respect of education, public health, public works and other functions of the Gaon Panchayat.

(2) (a) Each committee shall consist of not lest than three or more than four members including the President or the Vice-President, as the case may be. The President of the Gaon Panchayat shall be Ex-officio member and Chairman of all the three committees:

Provided that the social justice committee shall consist of one member who is a woman and one member belonging to Scheduled Caste or Scheduled tribes as the case may be.

(b) The Gaon Panchayat shall be competent to co-opt to each committee, the members of Agricultural Field Management Committee, Mahila Samittee, Yubak Samittee and other similar bodies recognised by the Government. Such co-option should be decided by the Gaon Panchayat by resolution with majority support:

(c) a representative of Co-operative Societies in the Panchayat area shall be co-opted to the Development Committee :

Provided that the co-opted members shall have the right to take part in the deliberation but shall have no right to vote.

(3) The Standing Committee shall perform the functions referred to above, to the extent the powers are delegated to them by the Gaon Panchayat.

(1) A Gaon Panchayat shall have powers to acquire, hold dispose of property and to enter into contract :

Provided that in all cases of acquisition or disposal of immovable property by the Gaon Panchayat, it shall obtain the approval of the Government.

(2) All properties, within the local limit of the jurisdiction of Gaon Panchayat, of the nature hereinafter in this section specified, other than property maintained by the Central or State Government or a local authority or any other Gaon Panchayat, shall vest in and belong to the Gaon Panchayat, and shall, with all other properties of whatsoever nature or kind it may become vested in the Gaon Panchayat, be under its direction, management and control, that is to say--

(a) all common properties;

(b) all public streets, including the soil, stones and other material thereof and all drains, bridges, culverts, trees, erection, materials, implements and other things provided for such streets;

(c) all public channels, water courses, springs, tanks, ghats, reservoirs, wells, pipes, pumps and other water works whether made, laid or erected at the cost of the Gaon Panchayat or otherwise, and all bridges, buildings, engine, works, materials connected therewith or pertaining thereto and also any adjacent land (not being private property) pertaining to any public tank :

Provided that water pipes and water works connected therewith or pertaining thereto which with the consent of the Gaon Panchayat are laid or set up in any street by the owner of any mill, factory, workshop or the like, primarily for the use of their employees shall not be deemed to be public water works by reason of their use by the public;

(d) all sewage, rubbish and offensive matter deposited on streets or collected by the Gaon Panchayat from streets, latrines, urinals, sewers and other places;

(e) all public lamps, Lamp posts and apparatus connected therewith or pertaining thereto; and

(f) all buildings erected by the Gaon Panchayats and all lands and buildings or the property transferred to the Gaon Panchayat by the Central or the State Government or acquired by gift, purchase or otherwise for local public purposes.

(3) The State Government may, exclude any street, bridge or drain from the operation of this Act or of any specified section of this Act:

Provided that construction and maintenance of such items are done by either agency/Government from resources other than Gaon Panchayat fund :

Provided further that if the cost of the construction of the work had been paid from the Gaon Panchayat fund, such work shall not be excluded from the operation of this Act or any special section of this Act except after consideration of the views of the Gaon Panchayat at a meeting.

(4) The Government may allocate to a Goan Panchayat any public property situated within its local jurisdictions, and thereupon such property shall vest in and come under the control of the Gaon Panchayat.

(1) For every Gaon Panchayt there shall be constituted a Goan Panchayat fund bearing the name of the Goan Panchayat and there shall be placed to the credit thereof--

(a) Contribution and grants, if any, made by the Central or the State Government;

(b) Contribution and grants, if any made by the Zilla Parishad, Anchalik Panchayat or any other local authority;

(c) Loans, if any, granted by the Central or the State Government;

(d) All receipts on acount of taxes, rates and fees levied by it;

(e) All receipts in respect of any schools, hospital, dispensary, buildings, institutions or works vested in, constructed by or placed under the control and management of the Gaon Panchayat;

(f) All sums received as gifts or contribution and all income from any trust or endowment made in favour of the Goan Panchayat;

(g) Such fines and penalties imposed or realised under the provisions of this Act as may be prescribed;

(h) All other sums received by or on behalf of other Gaon Panchayat.

(2) Every Gaon Panchayat shall set apart and apply annually such sum as may be required to meet the cost of its own administration including payment of wages and purchase of furniture and other office equipment and stationery articles and to meet the charges on electricity, post and telegraphs, P.O.L. etc.; and other incidental charges:

Provided that the total expenditure on establishment shall not exceed one third of the total expenditure of the Gaon Panchayat in a year.

(3) Every Gaon Panchayat shall have the power, to spend such sums as it thinks fit for carrying out the purposese of this Act.

(4) The Gaon Panchayat fund shall be vested in the Gaon Panchayat and the balance to the credit of the fund shall be kept in the custody ot the Gaon Panchayat Secretary.

(1) Subject to such rules as may be made in this behalf, a Gaon Panchayat shall impose yearly--

(a) Tax on houses and structures within the local limits;

(b) On trades and calling carried on or held within the local limits of its jurisdiction, a tax on the basis of the total annual income accrued from such trades and calling.

(2) Subject to such rules as may be made in this behalf, a Gaon Panchayat shall levy--

(a) A duty in the shape of an additional stamp duty on all payments for admission to any entertainments;

(b) A fee for providing sanitary arrangement at such places of workshop or pilgrimage, fairs and meals within its jurisdiction as may be specified by the Government;

(c) A water rate, where arrangment for the supply of water for drinking, irrigation or any other purpose is made by the Gaon Panchayat within its jurisdiction;

(d) a lighting rate, where arrangement for lighting of public streets and places is made by the Gaon Panchayat within its jurisdiction.

(e) a conservancy rate, where arrangement for clearing private laterines, urinals made by the Gaon Panchayat within its jurisdiction.

(3) Subject to the rules and bye-laws framed in this behalf, a Gaon Panchayat may impose tax on the following --

(a) sale of firewood and thatch, conservance and slaughter house;

(b) private hat, and private fisheries;

(c) shop, pharmacies, tailoring, laundry, hair cuttiing saloon, carpentry works and automobile workshops, T.V., V.C.R., radio and tape-recorder repairing shops;

(d) cultivable land laying fallow for consecutive years at a rate not exceeding twenty five paise for bigha for every year, being payable jointly or severally by the owners of such land;

(e) a cess of fee on--

(i) registration of cattle sold within the local area;

(ii) licence for starting tea stall, hotle, sweet, meat stall, restaurants;

(iii) carts, carriages, bi-cycles, boats and rickshaws of any kind.

(4) The taxes etc., shall be imposed, assessment and realised at such time and in such manner as may be prescribed.

(5) Any person aggrieved by assessment, levy or imposition of any tax or fee may appeal to the Anchalik Panchayat. Any person aggrieved by the order of the Anchalik Panchayat, may appeal before the Zilla Parishad, whose decision in this regard shall be final.

(6) The State Government, may suspend the levy or imposition of any tax or fee at any time and rescind such imposition in consultation with the Zilla Parishad.

(7) Subject to such rules as may be made in this behalf by a Gaon Panchayat, a Gaon Panchayat may levy taxes on a particular trade or commerce with a view to utilise the fund so collected for the improvement of the facilities of development of that particular trade or commerce with the approval of the Anchalik Panchayat concerned.

Subject to the provision of this section every Gaon Panchayat shall be entitled to receive share of Land Revenue and Local Rates/grants-in-aid as prescribed from the consolidated fund of the State are recommended by the State Finance Commission constituted under Section 113, of this Act.

(1) Every Gaon Panchayat shall, at such time and in such manner as may be prescribed, prepare in each year a budget of its estimated receipts and disbursement for the following year and shall submit the budget to the Anchalik Panchayat, having jurisdiction over the Gaon Panchayat.

(2) The Anchalik Panchayat may within such time as may be pescribed, either approve the budget or return it to the Gaon Panchayat for such modification as it may direct. On such modification being made the budget shall be re-submitted within such time as may be prescribed for approval of the Anchalik Panchayat.

(3) No expenditure shall be incurred unless the budget is approved by the Anchalik Panchayat. If the Anchalik Panchayat fails to convey its approval within the time prescribed for the purpose, the budget shall be deemed to have been approved by the Anchalik Panchayat.

(1) Accounts of income and expenditure of every Gaon Panchayat shall be kept in such form and manner as may be prescribed and the Secretary of the Gaon Panchayat shall be responsible for maintaining the accounts of the panchayat properly.

(2) The Secretary of the Gaon Panchayat shall not incur any expenditure without the approval of the President of the Gaon Panchayat.

(1) The audit of the accounts of the Gaon Panchayat shall be carried out by the authority as may be prescribed by the Government and a copy of the audit report shall be forwarded to the Gaon Panchayat within one month of the completion of the audit.

(2) On receipt of the audit report referred to in sub-section (1)., the Gaon Panchayat shall either remedy the defects or irregularities which have been pointed out in audit and send to the Anchalik Panchayat and the Director of Panchayat and Rural Development, Assam within three months, an intimation of its having done so or shall, within the said period, supply any further explanation to the Anchalik Panchayat and the Director of Panchayat and Rural Development, Assam in regard to such defects or irregularities as it may wish to furnish.

(1) There shall be a Secretary, and other staff as may be prescribed by Government in every Gaon Panchayat who shall be appointed as provided in Section 140 (1) and/or deputed by Government from time to time. In respect of the provincialised employees, the Director of Panchayat and Rural Development shall be the appointing authority.

(2) The Secretary shall be in charge of the office of the Gaon Panchayat and shall perform and exercise all the powers and duties imposed or conferred upon him by or under this Act, any rules or bye-laws made trereunder.

(3) The Salaries etc., of the employees of the Gaon Pancyayat shall be paid in the manner as may be prescribed by the State Government.

(4) The Gaon Panchayat shall not appoint or engage any person for any post in the Gaon Panchayat.

(5) Regarding discipline and control, the Secretary shall act in all matters under the control of the President of the Gaon Panchayat through whom he shall be responsible to the Gaon Panchayat.

(1) For each Development Block there shall be an Anchalik Panchayat having jurisdiction, save as otherwise provided in this Act, over the entire Development Block jurisdiction excluding such portion of the Block as ae included in the Town Committee and as are included in a Municipality/or under the authority of Municipal Corporation, a Sanitary Board or Cantonment area or a notified area constituted under any law for the time being in force :

Provided that a Block may comprise of such villages as are not contiguous or have no common boundaries and are separated by an area to which this Act, does not extend or in which the remaining sections of this Act, have not come into force.

(2) Every Anchalik Panchayat shall be a body corporate by the name of Anchalik Panchayat and shall have perpetual succession and a common seal and subject to such restrictions as are imposed by or under this or any other enactment, shall be vested with the capacity of sueing or being sued in its corporate name, or acquiring, holding and transferring property, movable or immovable whether without or within the limits of the area over which it has authority, of entering into contracts or doing all things, necessary, proper and expedient for the purpose for which it is constituted.

(1) Every Anchalik Panchayat shall consist of--

(a) one member from each Gaon Panchayat to be directly elected from the territorial constituencies of the Gaon Panchayat under the jurisdiction of the Anchalik Panchayat;

(b) the President of the Gaon Panchayat falling within the jurisdiction of the Anchalik Panchayat;

(c) the members of the House of People and the Members of the legislative Assembly of the State representing constituencies which comprise wholly or partly, the Anchalik Panchayat.

(2) Every member shall have the right to vote whether or not chosen by direct election in the meetings of the Anchalik Panchayat.

(1) One Gaon Panchayat area shall form a constituency for electing one member directly to the Anchalik Panchayat.

(2) The allotment of seat under sub-section (1) for directly elected members shall be the same throughout the entire State.

(1) Seats shall be reserved in a Anchalik Panchayat for the Scheduled Castes and Scheduled Tribes, and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that Anchalik Panchayat as the population of the Scheduled Castes in that Anchalik Panchayat area or of the Scheduled Tribes in that Anchalik Panchayat area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a Anchalik Panchayat in such manner, as may be prescribed.

Every Anchalik Panchayat, save as otherwise provided in this Act, shall continue for a term of five years from the date appointed for its first meeting.

(1) The election to constitute an Anchalik Panchayat shall be completed--

(a) before the expiry of its duration specified in Section 35;

(b) in case of dissolution, before the expiration of a period of six months from the date of its dissolution :

Provided that where the remainder of the period for which the dissolved Anchalik Panchayat would have continued, is less than six months, it shall not be necessary to hold any election under this clause for constituting the Anchalik Panchayat for such period.

(2) An Anchalik Panchayat constituted upon the dissolution before the expiration of its duration, shall continue only for the remainder of the period for which the dissolved Anchalik Panchayat would have continued under Section 35 had it not been dissolved.

(1) The directly elected members of the Anchalik Panchayat shall elect from amongst the [;directly elected'] (Inserted by Assam Act No. X of 1997, S. 9 (w.e.f. 30th April, 1997) [Published in the Assam Gazette Extrordinary, No. 117, dated April 30, 1997 at page 874.]) members two members as President and Vice-President respectively of the Anchalik Panchayat in a meeting (which shall be called the first meeting of the Anchalik Panchayat) to be convened by and presided over by the Deputy Commissioner of the District in the manner prescribed. The Deputy Commissioner may delegate the powers of presiding over such meeting to any officer not below the rank of Class-I Gazetted Officer.

(2) If there occurs vacancy in the office of the President or the Vice-President the members shall elect another member from amongst the members as hereinafter provided, as the President or the Vice-President, as the case may be, in the manner prescribed :

Provided that no election shall be held if the vacancy is for a period of less than one month.

(1) There shall be reserved by the Government in the prescribed manner --

(a) such number of offices of the President of Anchalik Panchayat in the district for the person belonging to the Scheduled Castes and Scheduled Tribes and the number of such offices bearing as nearly as may be the same proportion to the total number of offices in the District as the population of the Scheduled Castes in the District or of the Scheduled Tribes in the district bears to the total population of the Diestrict;

(b) not less than one-third of the total number of offices of President and Vice-President of the Anchalik Panchayats in the District for each of the categories reserved for persons belonging to the Scheduled Castes, Scheduled Tribes and those which are non-reserved for women:

Provided that the offices reserved under this sub-section shall be by rotation in different Anchalik Panchayats :

Provided further that the principle of rotation for the purpose of reservation of office under this sub-section shall commence from the first election to be held after the commencement of the Act.

(2) Save as otherwise provided in this Act, the President and Vice-President of the Anchalik Panchayat shall hold office for the terms of office of the members of the Anchalik Panchayat.

(1) The allowances of President, and Vice-President and members of Anchalik Panchayat shall be as may be prescribed.

(2) Every member of the Anchalik Panchayat other than the President and the Vice-President shall be entitled to receive sitting allowances as may be prescribed.

The President shall--

(a) convene, preside over and conduct meetings of Anchalik Panchayat;

(b) discharge all duties imposed and exercise all the powers conferred on him under this Act, and the rules made thereunder and perform such functions entrusted to him by the Government from time to time.

(c) exercise supervision over the Executive Officer for securing implementation of the resolutions or decisions of the Anchalik Panchayat or of the Standing Committees which are not inconsistent with the provisions of this Act, or any general or special direction issued under this Act;

(d) exercise overall supervision over the financial and executive administration of the Anchalik Panchayat and place before the Anchalik Panchayat all questions connected therewith which shall appear to him to require its orders and for this purpose may call records of Anchalik Panchayat.

This Vice-President of an Anchalik Panchayat shall--

(a) in the absence of the President, preside at the meeting of the Anchalik Panchayat;

(b) exercise such powers and perform such duties of the President of the Anchalik Panchayat as the President from time to time may, subject to the rules made by the Government in that behalf, delegate to him by an order in writing; and

(c) pending the election of the President or during the absence of the President from the Panchayat area or by reason of leave for a period exceeding thirty days, exercise the powers and perform the duties of the President;

["(d) exercise all the powers and discharge all the duties and functions of President as provided under sub-section (a) to (d) of Section 40, if the President be removed and/ or dies or resigns until the office of the President is filled up in the manner under the provisions of subsection (1) of Section 37."] (Inserted clause (d) in Section 41, by Assam Act. No. X of 1997, S. 10 (w.e.f. 30th April, 1997) [Published in the Assam Gazette Extraordinary No. 117, dated April 30, 1997 at page 875.])

(1) A member holding the office as President of the Anchalik Panchayat may resign his office at any time by writing under his own hand addressed to the Deputy Commissioner of the concerned district and the Vice-President may resign his office at any time by writing under his hand addressed to the President of the Anchalik Panchayat and in absence of the President to the Deputy Commissioner of the concerned district.

(2) Every President and Vice-President of Anchalik Panchayat shall vacate office, if he ceased to be a member of the Anchalik Panchayat.

(1) Every President and Vice-President of the Anchalik Panchayat shall be deemed to have vacated his office forthwith, if by a resolution express want of confidence in him is passed by a majority of two-third of total number of the ["directly elected"] (Inserted by S. II ibid) members of the Anchalik Panchayat. Such a meeting shall be specially convened with the approval of the President of the Anchalik Panchayat. Such meeting shall be presided over by the President if the motion is against Vice-President and ["by"] (Inserted by S. II ibid) the Vice-President if the motion is against the President." In case such a meeting is not convened ["by"] (Substituted for the words "in" by S. 11 ibid) the Anchalik Panchayat within a period of fifteen days from the date of receipt of the notice, the Secretary of the Anchalik Panchayat shall refer the matter to the President of the Zilla Parishad with intimation to the Deputy Commissioner. The President of the Zilla Parishad shall then arrange for convening the meeting within fifteen days from the date of receipt of intimation. ["The Zilla Parishad President shall preside over such meeting but shall have no vote."] (Inserted by S. II ibid).

["(2) (a) In case the President of the Zilla Parishad does not convene the meeting within fifteen days from the date of receipt of intimation, the Ex-Officio Secretary of the Anchalik Panchayat within three dyas from the date expiry of the date of stipulated fifteen days time shall report to the concerned Deputy Commissioner or the Sub-Divisional Officer as the case may be. On receipt of the information, the Deputy Commissioner or the Sub-Divisional Officer as the case may be, shall convene the meeting within fifteen days from the date of receipt of the information with intimation to the Zilla Parishad concerned and also, shall preside over such meeting. In case of his inability to preside over such meeting, the Deputy Commissioner or the Sub-Divisional Officer as the case may be shall depute an Officer under him not below the rank of Class-I Gazetted Officer to preside over such meeting.

(b) If, under sub-section (1) of Section 43, the members express want of confidence both in the President and the Vice-President of Anchalik Panchayat at the same time and issue notices, the Ex-Officio Secretary of the concerned Anchalik Panchayat shall report the matter to the President of the concerned Zilla Parishad within three days from the date of receipt of the notice who shall arrange to convene the meeting, within fifteen days from the date of receipt of the information separately, to consider the motion against the President first and to consider the motion against the Vice-President next day and shall preside over such meetings but shall have no vote.

In case the President of the Zilla Parishad concerned does not take action as above, the Ex-Officio Secretary of the Anchalik Panchayat shall refer the matter to the concerned Deputy Commissioner or the Sub-Divisional Officer as the case may be, within three days from the date of expiry of the stipulated fifteen days time. On receipt of the information, the concerned Deputy Commissioner or the Sub-Divisional Officer as the case may be, shall convene both the meeting simultaneously within fifteen days from the date of receipt of the information and shall preside over both the meetings :

Provided that the Deputy Commissioner or the Sub-Divisional Officer as the case may be, in case of his inability to preside over the meeting, may depute a Class-1 Gazetted Officer under him to preside over such meetings:

Provided further that if it is not possible to hold the meeting for a situation due to non attendance of requisite number of members in such meeting or meetings as the case may be, the no-confidence motion shall automatically stands cancelled and the motion shall be deemed to have lost, in the event of which no such motion shall be allowed within the next six months."] (Substitued by the Assam Act. No.X of 1997 S. 11 (w.e.f. 30th April, 1997) [ Published in the Assam Gazette Extraordinary No. 117, dated April 30, 1997 at page 875.])

(3) The requisition for such a special meeting shall be signed by not less than one-third of the total members of Anchalik Panchayat and shall be delivered to the president of the Zilla Parishad with intimation to the Deputy Commissioner. The President of the Zilla Parishad shall within seven days from the date of receipt of the requisition, convene a special meeting of the Anchalik Panchayat.

The meeting shall be held on a date not later than fifteen days from the date of issue of the notice of the meeting.

(4) In the event of removal either of the President or the Vice-President of the Anchalik Panchayat, the Anchalik Panchayat shall elect, from amongst themembers in the same manner as under sub-section (2) of Section 37 a President or Vice-President as the case may be :

Provided that such member shall not be eligible for re-election as President or Vice-President during the remaining term of office as member of the Anchalik Panchayat.

(5) Every President or Vice-President of the Anchalik Panchayat shall after an opportunity is afforded for hearing him, he removable from his office as President or Vice-President by the Zilla Parishad with the approval of the Government for misconduct in the discharge of office duties, for being persistently remiss in the discharge of his duties and a President or a Vice-President so removed shall remain in the office of the member.

(6) A President or a Vice-President removed from his office under sub-section (5) may also be removed by the Government from membership of the Anchalik Panchayat.

Note-- Before subtitution of sub-section (2) of Section 43 reads as follows :--

"(2) In case the Zilla Parishad is not convening the meeting within fifteen days time and disposed the matter accordingly, the concerned Deputy Commissioner may refer the matter to the Government and Government shall in that case take appropriate action."

A member of a Anchalik Panchayat may resign his membership in writing under his hand addressed to the President of the Anchalik Panchayat and his seat shall become vacant immediately.

An Anchalik Panchayat shall hold a meeting for the transaction of business at least once in two months (hereinafter in this section called the ordianary meeting) and shall subject to the provisions of the following sub-sections, make regulations not inconsistent with the provisions of this Act, or with any rules made thereunder with respect to the date, hour notice, management and ajournment of its meeting and generally with respect to transaction of business thereto.

(2) Every meeting of the Anchalik Panchayat shall ordinarily be held at the Head Quarters of the Anchalik Panchayat.

(3) The date of the first meeting of the Anchalik Panchayat, after the first constitution or re-constitution, shall be fixed by the Deputy Commissioner of the district and date of each subsequent ordinary meeting shall be fixed at the previous meeting of the Anchalik Panchayat, provided that the President may for sufficient reasons, alter the day of the meeting to a subsequent date. The President may whenever hethinks fit, shall upon the written request of not less than one-third of the total number of members and on a date within fifteen days from the receipt of such request, call a special meeting. Such request shall specify the object for which the meeting is proposed to be called. If the President fails to call the special meeting, the Vice-President or one-third of the total number of members may call the special meeting for a day not more than fifteen days after representation of such request and require the Executive Officer to give notice to the members and to take such action as may be necessary to convene the meeting.

(4) Ten clear days notice of an ordinary meeting and seven clear days notice of a special meeting specifying the time 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 the written request made for such meeting.

(1) One third of the total numbers of members of the Anchalik Panchayat shall form a Quorum of transacting business at a meeting of the Anchalik Panchayat. If at the time appointed for a meeting a quorum is not present, the person presiding shall wait for thirty minutes, and if within such period, there is a quorum, proceed with the meeting, but if within such period, there is no quourum, the person presiding shall adjourn the meeting to such hour or 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 quourum. At such adjourned meetings, no quorum shall be necessary and the busines which would have been brought before the original meeting, shall be transacted.

(2) Every meeting shall be presided over by the President or if he is absent, by the Vice-President and if both are absent or if the President is absent and there is no Vice-President, the members present shall elect one from among themselves to preside.

(3) All questions shall unless otherwise specifically provided, be decided by a majority of votes of the members present and voting shall be by raising of hands. The Presiding Member, unless he refrains from voting, shall give vote before declaring the number of votes for and against a question and in case of equality of votes, he may give his casting vote.

(4) No member of an Anchalik Panchayat shall vote on, or take part in the discussion of, any question coming up for consideration at the meeting of the Anchalik Panchayat or any committee, if the question is one in which apart from its original application to the public he has any direct pecuniary interest.

(5) If the person presiding is believed by any member present at the meeting to have any such pecuniary interest in any matter under discussion, and if a motion to that effect is carried, he shall not preside at the meeting during such discussion, or vote on, or take part in it. Any member of the Anchalik Panchayat may be chosen to preside over the meeting during the continuance of such discussion.

(6) No proposition shall be discussed at any ordinary meeting unless it has been entered in the notice convening such meeting or in the case of a special meeting, in the written request for such meeting. A member may propose any resolution connected with or incidental to the subjects included in the list of business. The President may propose any urgent 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 thereof except in accordance with sub-section (8). The order in which any business or proposition shall be brought forward at such meeting shall be determined by presiding authority who, in case it is proposed by any member to give particular proposition, shall put the proposal to the meeting and be guided by the majority of votes given for or against the proposal.

(7) Any ordinary meeting may, with the consent of a majority of the member present, be adjourned from time to time, but no business shall be transacted at any adjourned meeting other than left undisposed at the meeting for which the adjournment took place.

(8) No resolution of Anchalik Panchayat shall be modified or cancelled within six months after the passing thereof except by a resolution passed by not less than one half of the total number of members at an ordinary or special meeting, and notice thereof shall have given fulfilling the requirements of sub-section (4) and setting forth fully the resolution which it is proposed to modify fully or cancel at such meeting and motion or proposition for the modification or cancellation of such resolution.

The proceedings of every meeting shall be recorded in the minutes book immediately after the deleberations of the meeting and shall, after being read over by the Presiding authority of the meeting, be signed by him. The action taken on the decision of the Anchalik Panchayat shall be reported at the next meeting of the Anchalik Panchayat. The minutes book shall not be taken outside the Anchalik Panchayat office under any circumstances. The Executive Officer shall be the custodian of the minutes book.

The Anchalik Panchayat may require the presence of Government Officers at the meetings. If it appears to an Anchalik Panchayat that the attendance of any officer of the Government, having jurisdiction over an area of the district or less than a district and not working under the Anchalik Panchayat, is desirable at a meeting of the Anchalik Panchayat, the Executive Officer shall; by a letter addressed to such officer not less than fifteen days before the intended meeting, request that officer to be presiding the meeting and the officer shall, unless prevented by other resonable 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 thereby himself, instruct his deputy or other competent subordinate officer to present him at the meeting.

(1) The General functions of the Anchalik Panchayats shall be--

(a) preparation of Annual plan in respect of the schemes entrusted to it by virtue of the Act and those assigned to it by the Government or the Zilla Parishad and submission thereof to the Zilla Parishad within the prescribed time for integration with the District Plan;

(b) consideration and consolidation of the Annual Plans of all Gaon Panchayats under the Anchalik Panchayat and submission of consolidated plan to the Zilla Parishad;

(c) preparation of Annual Budget of the Anchalik Panchayat and submission to Zilla Parishad for approval within the prescribed time;

(d) performing such functions and executing such works as may be entrusted to it by Government or the Zilla Parishad;

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

(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, Cooperation and Irrigation etc. ;

(b) maintenance of agricultural seed farms and horticultural nurseries;

(c) storing and distribution of insecticides and pesticides;

(d) propagation of improved methods of cultivations;

(e) promotion of cultivation and marketing of vegetable, fruits and flowers;

(f) training of farmers and extension activities.

(3) Land Improvement and Soil Conservation--

(a) assisting the Government and Zilla Parishad 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 Parishad in construction and maintenance of minor irrigation works,

(b) implementation of individual irrigation works;

(c) assisting the Government and the Zilla Parishad in the implementation of schemes on Development of Ground, Water Resources and Watershed Development Prgorammes.

(5) Poverty Alleviation Programme--

(a) planning and supervision of implementation of poverty alleviation programmes and schemes and providing guidance therefor.

(6) Animal Husbandry, Dairying and Poultry-

(a) maintenance of Veterinary and Animal Husbandry Services;

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

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

(d) prevention of epidemics and contagious disease.

(7) Fisheries-

(a) promotion of fisheries development.

(8) Khadi, Village and Cottage Industries--

(a) promotion of Rural and cottage Industries;

(b) organization of conference, seminars and training programmes, agricultural and industrial exhibitions.

(9) Rural Housing-

(a) implementation of housing scheme and distribution of house sites in villages.

(10) Drinking Water-

(a) establishment, repairs and maintenance of rural water supply schemes;

(b) prevention and control of water pollution;

(c) implementation fo 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, Buildings, 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;

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

(c) maintenance of boats, ferries and waterways not under the Government or any other local bodies.

(13) Non-Conventional Energy Sources--

(a) promotion and Development of non-conventional energy sources.

(14) Education including Primary and Secondary Schools--

(a) promotion of Primary and Secondary Education;

(b) construction, repairs and maintenance of Primary School Buildings;

(c) promotion of Social Education through Youth Clubs and Mahila Mandals.

(15) Technical Training and Vocational Education--

(a) promotion of rural artisan and vocational training.

(16) Adult and Non-Formal Education--

(a) implementation of Adult Literacy Programme.

(17) Cultural Activities-

(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 immunization and vaccination programme;

(c) health and Sanitation at fairs and festivals.

(20) Women and Child Development--

(a) promotion of programmes relating to development of women and children;

(b) promotion of school health and nutrition programme;

(c) promotion of participation of voluntary organisations in women and child development programme.

(21) Social Welfare including Welfare of Handicapped, Mentally Retarded--

(a) promotion os social welfare programmes including welfare of handicapped, mentally retarded and destitutes, procurement and surpervision 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, Scheduled Tribes and other weaker section;

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

(23) Maintenance of Community Assets--

(a) maintenance of all community assets vested in it or transferred by the Government or any local authority or organisation;

(b) preservation and maintenance of other community assets.

(24) Public Distribution System-

(a) promotion of distribution of essential commodities through fair price shops in the villages. Panchayat will also keep sharp vigilance over fair and equitable distribution of essential commodities. Panchayat will educate the people about consumer's rights and assist in redressal of Consumer's grievances.

(25) Rural Electrification-

(a) promotion of rural electrification.

(26) Co-operation--

(a) promotion of Co-operation activities.

(27) Libraries-

(a) promotion of libraries.

(28) Such other functions that may be entrusted by the Government or the Zilla Parishad.

The Anchalik Panchayat shall have powers to do all acts necessary for or incidental to the carrying out of the function entrusted or delegated to it and, in particular and without prejudice to the foregoing powers to exercise all powers specified in this Act.

Anchalik Panchayat may, by notification delegate to the Executive Officer or any other officer, the powers conferred by or under this Act.

(1) The Anchalik Panchayat shall have the following standing committees--

(a) General standing committee;

(b) Finance, Audit and Planning Committee;

(c) Social Justice Committee.

(2) Each standing committee shall consist of such number of members not exceeding six including the Chairman, as may be specified by the Anchalik Panchayat, and chosen by the Anchalik Panchayat from amongst its members.

(3) The President of the Anchalik Panchayat shall be the Chairman of the General Standing Committee and Finance, Audit and planning committee. The Vice-President of the Anchalik Panchayat shall be the Chairman of the Social Justice Committee.

(4) No member of the Anchalik Panchayat shall be eligible to serve in more than one standing committee and the term of the membership will not exceed one year at a time.

(5) The Executive Officer of the Anchalik Panchayat shall be the Ex-Officio Secretary of every Standing Committee.

(1) The General Standing Committee shall perform functions relating to the establishment matters, communication, buildings, rural housing, relief against natural calamities, water supply and all miscellaneous residuary matters.

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

(3) The Social Justice Committee shall perform functions relating to--

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

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

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

(d) securing social justice to the Scheduled Castes, Scheduled Tribes, Women and other weaker sections of the society.

(4) The Standing Committee shall perform the functions referred to above to the extent the powers are delegated to them by the Anchalik Panchayat.

(1) The Anchalik Panchayat may frame regulations relating to selection of members of committees, conduct of business therein and all other matters relating to them.

(2) The Chairman of every committee shall, in respect of the work of the committee, be entitled to call for any information, return, statement, accuont or report from the office of the Anchalik Panchayat and to enter in and inspect any immovable property of the Anchalik Panchayat or works in progress connected with the work of the committee.

(3) Each Committee shall be entitled to require attendance at its meetings, any officer of the Anchalik Panchayat who is connected with the work of the Committee. The Ex-Officio Secretary [referred to in sub-section (5) of Section 52] shall under instruction of the Committee, issue notices and secure the attendance of the Officer.

(1) An Anchalik Panchayat shall have the power to acquire, hold and dispose of property and to enter into contract :

Provided that in all cases of acquisition or disposal of immovable property, the Anchalik Panchayat shall obtain the previous approval of the Government through Zilla Parishad.

(2) All roads, buildings or other works constructed by an Anchalik Panchayat with its own fund shall vest in it.

(3) The State Government may allocate to an Anchalik Panchayat any public property situated within its jurisdiction, and thereupon such property shall vest in and come under the control of the Anchalik Panchayat.

(4) Where an Anchalik Panchayat requires land to carry out any of the purpose of this Act, it may negotiate with the persons having interest in the said land, and if it fails to reach at an agreement, it may make an application to the Deputy Commissioner of the district for acquisition of land, who may, if he is satisfied that the land is required for a public purpose, take steps where permitted by law to acquire the land under the provision of the relevant Land Acquisition Act, and such land shall on acquisition, vest in the Anchalik Panchayat.

(1) For every Anchalik Panchayat, there shall be constituted an Anchalik Panchayat fund bearing the name of the Anchalik Panchayat and there shall be placed to the credit thereof--

(a) contribution and grants, if any, made by Central or State Government, including such part of the land revenue collected in the State as may be determined by the Government;

(b) contribution and grant, if any, made by the Zilla Parishad or any other local authority;

(c) loans, if any, granted by the Central or the State Government or raised by the Anchalik Panchayat on security of its assets;

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

(e) all receipts in respect of any schools, hospitals, dispensaries, buildings, institutions or work, vested in, constructed by or placed under the control and management of the Anchalik Panchayat;

(f) all sums received as gifts or contributions and all income from any trust or endowment made in favour of the Anchalik Panchayat;

(g) such fines and penalties imposed and realised under the provisions of this Act, or of the bye-laws made thereunder, as may be prescribed, and all other sums received by or -on behalf of the Anchalik Panchayat.

(2) Every Anchalik Panchayat shall set apart and apply annually such sums as may be required to meet the cost of its own administration including the payment of salary, allowances, provident fund and gratuity to the officers and employees. The total expenditure on establishment shall not exceed one-third of the total expenditure of 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

(4) The Anchalik Panchayat fund shall be vested in the Anchalik Panchayat.

(5) Subject to such general control, as the Anchalik Panchayat may exercise from time to time, all orders and cheques for payment from the Anchalik Panchayat fund shall be signed by the Executive Officer.

(1) Subject to such maximum rate as the Government may prescribe, and Anchalik Panchayat may--

(a) levy tolls on persons, vehicles or animals or any class of them at any toll-bar established by it on any road other than a katcha road or any bridge vested in it or under its management;

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

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

(d) levy a cess or water rate for recovery of cost of minor irrigation works taken up within the jurisdiction of an Anchalik Panchayat and such cess as may be necessary for the purpose of maintenance and repair of such works;

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

(f) levy a tax on profession, trades, calling, manufacture and production save and except those levied under any provision of this Act or under any enactment for the time being in force;

(g) levy fee for cineme halls, bricks or tile kilns, saw mills, timber depots, rich mills and hullers, fairs, confectionery and bakery, private fisheries or vegetable gardens used for commercial purpose.

(2) The taxes etc., shall be imposed, assessed and realised at such time and in such manner as may be prescribed.

(3) Any person aggrieved by the assessment, levy or imposition of any tax or fee may appeal to the Zilla Parishad, ["the decision of the Zilla Parishad in this respect shall be final."] (Inserted by Assam Act No. X of 1997, S. 12).

(4) State Government may suspend the levy or imposition of any tax or fee and may at any time rescind such imposition if consultation with the concerned Panchayat in period of natural calamities.

(5) The scale of tolls, fees or rates and the terms and conditions for the imposition thereof, shall be such as may be provided by bye-laws.

Such bye-laws may provide for exemption from all or any of the tolls, fees or rates in any class or classes.

(6) Subject to such rules as may be made in this behalf by an Anchalik Panchayat, an Anchalik Panchayat may levy taxes on a particular trade or commerce with a view to utilise the fund so collected for improvement of the facilities for development of that particular trade or commerce with the approval of the Zilla Parishad.

(1) An Anchalik Panchayat may, subject to the provisions of any law relating to the raising of loan by local authorities for the time being in force, raise from time to time, with the approval of the Government, loans for the purpose of this Act, and create a sinking fund for the re-payment of such loans.

(2) An Anchalik Panchayat may borrow money form 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.

(1) Every Anchalik Panchayat shall, at such time and in such manner as may be prescribed, prepare in each year, a budget of its estimated receipts and disbursements for the following year and submit the budget to the Zilla Parishad.

(2) The Zilla Parishad, within such time as may be prescribed, either approve the budget or return it to the Anchalik Panchayat for such modifications as it may direct. On such modification being made, the budget shall be submitted within such time as may be prescribed by the Zilla Parishad. If the approval of the Zilla Parishad is not received by the Anchalik Panchayat by the last date of the year, the budget shall be deemed to be approved by the Zilla Parishad.

(3) No expenditure shall be incurred unless the budget is approved by the Zilla Parishad.

(4) The Anchalik Panchayat may prepare in each year a supplementary estimate providing for any modification of its budget and may submit to the Zilla Parishad for approval within such time and in such manner as may be prescribed.

An Anchalik Panchayat shall keep such accounts and in such form as may be prescribed.

(1) The Audit of the accounts of the Anchalik Panchayat shall be carried out by the authority as may be pescribed by the Government and a copy of the audit report shall be forwarded to the Anchalik Panchayat, to the Zilla Parishad and to the Director of Panchayat and Rural Development, Assam within one month of the completion of the audit.

(2) On receipt of the audit report referred to in sub-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 regards to such defects or irregularities as it may deem fit.

(1) An Anchalik Panchayat being co-terminous to a Development Block shall have ah Executive Officer appointed by Government who shall be the Ex-Officio Secretary :

Provided that the Block Development Officer or such other officer as may be appointed by Government shall hold the post of the Executive Officer and Secretary of the Anchalik Panchayat.

(2) The other staff of the Anchalik Fanchayat shall 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 appointing authority.

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

(4) Notwithstanding anything contained in this Act, or any 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 Parishad concerned.

(1) Save as otherwise expressly provided by or under this Act, the Executive Officer shall--

(a) exercises all powers specially 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 work of the officers and officials holding office under the Anchalik Panchayat in accordance with rules made by the Government;

(c) supervise and control the execution of all works of the Anchalik Panchayat;

(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 connectd with the proceedings of the meetings of the Anchalik Panchayat;

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

(g) exercise such 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 the Act, or any other law, rule or order made thereunder, it shall be his duty to bring the same to the notice of the Anchalik Panchayat.

(1) For every district there shall be a Zilla Parishad having jurisdiction, save as otherwise provided in this Act, over the entire district excluding such portions of the district as are included ina 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 shich is notificed by Government for such office, may exercise its powers and functions over institutions under its control and management.

(2) Every Zilla Parishad shll 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 and transferring property movable or immovable, whether withour 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.

(1) The Zilla Parishad shall consist of --

["(i) the members directly elected from the territorial constituencies of the district:

Provided that Government may by notification in the Official Gazatte, determine the territorial constituencies in the district keeping in view the overall population of the district at a rate of one member for a population of not less than thirty thousand and that each territorial constituency shall elect one member to the Zilla Parishad through direct election in the manner prescribed :

Provided further that every Legislative Assembly Constituency shall have four territorial constituencies and in case of a part of the Legislative Assembly Constituency with a population less than thirty thousand falling within the disstrict then this part shall form a territorial Constituency :"] (Substituted by Assam Act No. X of 1997 S. 13 (w.e.f. 30th April, 1997), [Published in the Assam Gazette extraordinary No. 117 dated 30th April, 1997 at page 876-877.])

["Provided further more that the Legislative Assembly Constituency which has urban population included in a Municipalty 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 deemed to be urban area under any law for the time being in force, may have less than four territorial constituencies and if the rural population of this Legislative Assembly Constituency is less than thirty thousand, this may form a territorial constituency."] (Inserted new proviso by Assam Act No. XXIII of 1997. S. 2 (w.e.f. 15th September, 1997), [Published in the Assam Gazette Extraordinary No. 525 dated September 15, 1997 at pages 2306-2307.]) (ii) the Presidents of the Anchalik Panchayats; (iii) the Members of the House of People and the Members of the State Legislative Assembly representing a part or whole of the district whose constituencies lie within the district.

["(2) All the members shall have the right to vote except the motion of no-confidence in which only the directly elected members and members nominated by the Government shall exercise such tights."] (Substituted by Assam Act. No. X of 1997 S. 13 (w.e.f. 30th April, 1997)).

Note -- Before substitution of sub-section (2) of Section 65, read as follows:-

"(2) All the members shall have the right to vote,"

(1) Seats shall be reserved for the Scheduled Castes, and Scheduled Tribes in every Zilla Parishad and the number of seats shall bear, as nearly as may be, the same proportion to the total number of seats to be filled up from amongst the directly elected members in that Zilla Parishad as the population of the Scheduled Castes in the Zilla Parishad area or of the Scheduled Tribes in that Zilla Parishad area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in Zilla Parishad in the manner prescribed.

(2) Reservation of seats for women belonging to Scheduled Castes and Scheduled Tribes-- Not less than one-third of the total number of seats reserved under sub-section (1) shall be reserved for women belonging to the Scheduled Tribes or as the case may be the Scheduled Castes.

(1) Not less than one-third, including the number of seats served 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 and not represented in Zilla Parishad, Government may by notification in the Official Gazette, nominate one member from such category.

Every Zilla Parishad except as provided in the Act, shall continue for a period which shall not exceed five years from the date of holding the first meeting.

(1) Election to constitute the Zilla Parishad shall be completed --

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

(b) in case of dissolution, before the expiration fo a period of six months from the date of such dissolution :

Provided that where the remainder of the period for which the dissolved Zilla Parishad would have continued, is less than six months, it shall not be necessary to hold any election under this clause for constituting the Zilla Parishad for such period.

(2) A Zilla Parishad constituted upon dissolution before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Zilla Parishad would have continued under sub-section (1) had it not been dissolved.

(1) When the Zilla Parishad is constituted under Section 64, the Deputy Commissioner shall call a meeting of the Zilla Parishad (which shall be called the first meeting of the Zilla Parishad) for the election of a President and a Vice-President by the from amongst the members directly elected under [Section 65 (1) (i)] (Substituted for the words and figures "Section 65 (1)" by Assam Act. No. X of 1997. S. 15, (w.e.f. 30th April, 1997), [Published in the Assam Gazette Extraordinary No. 117 dated April 30, 1997 at page 887.]).

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

(1) Such number of Offices of the President and the Vice-President of the Zilla Parishad shall be reserved, for the persons belonging to the Scheduled Castes and the Scheduled Tribes and the number of such offices bearing as nearly as may be the same proportio of the total number of offices in the State as the population of the Scheduled Castes or the Scheduled Tribes in the State bears to the total population of the State, in such manner as may be prescribed.

(2) Not less than one-third of the total number of offices reserved under sub-section (1) shall be reserved for women belonging to the Scheduled Castes or the Scheduled Tribes, as the case may be.

(3) Not less than one-third (including the number of the offices reserved for women belonging to the Scheduled Castes and the Scheduled Tribes), of the total number of the offices of the President and the Vice-President of the AZilla Parishad in the State shall be reserved for women and such offices may be allotted by rotation to different Zilla Parishads, in such manner as may be prescribed."] (Inserted new Section 70A by Assam Act. No. XVI of 2001, (w.e.f. 19th October, 2001), [Published in the Assam Gazette Extraordinary No. 186 dated 19th October, 2001] at page 2448-2449) to or in connection with election to Panchayat [Amal Chandra Choudhury v. State of Assam, 2002 (3) Gauhati Law Journal 144].

(1) The allowances of the President and the Vice-President shall be as may be prescribed by the Government.

(2) Every member of the Zilla Parishad except the President and the Vice-President shall be entitiled to receive, such sitting fee and allowances as may be prescribed by Government.

(1) A member holding the office as President of the Zilla Parishad may resign his office at any time by writing and send it to Government through the Deputy Commissioner and the Vice President of the Zilla Parishad any 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 Commissioner and the office shall become vacant on the expiry of fifteen days from the date of such resignation unless within the said period of fifteen days he withdraws such resignation by writing and send it to Government in respect of the President and to the President in respect of the Vice-President, as the case may be.

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

(1) Every President and every Vice-President of Zilla Parishad shall be deemed to have vacated his office forthwith if a resolution expressing want of confidence in him is passed by a majority of two-thirds of the total number of members elected directly as Zilla Parishad member at a meeting especially concerned for this purpose and presided over by the Vice-President if the motion is against the President and the president of the Zilla Parishad shall preside over such meeting if the motion is against the Vice-President.

(2) If there is no Vice-President the members present shall choose one from among them to preside over such meeting :

Provided that one-third of the total number of members shall sign the notice for such a motion and deliver it to the President and the President shall convene the meeting within seven days from the date of receipt of the notice. The meeting shall be held on 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 connere the meeting:

["Provided further that the Deputy Commissioner shall direct the Chief-Executive Officer to convene the meeting within seven days from the date of receipt to the request of the members and the Chief-Executive Officer shall convene the meeting within fifteen days from the date of receipt of the direction The Deputy Commissioner shall preside over such meeting. In case of his inability, the Deputy Commissioner shall depute one of the Officers not below the rank of Additional Deputy Commissioner to preside over such meeting.

If under sub-section (1), the members express want of confidence both in the President and the Vice-President of the Zilla Parishad at the same time and issue notices, the Chief-Executive Officer of the Zilla Parishad shall report the matter to the concerned Deputy Commissioner within three days from the date of receipt on notifies and the concerned Deputy Commissioner shall direct the Chief-Executive Officer of the Zilla Parishad to convene the meeting within fifteen days from the date of receipt of the direction, separately, to consider the motion against the President first and to consider the motion against the Vice-President next day and preside over such meetings. In case of the inability to preside over, the Deputy Commissioner shall depute one of the Officers not below the rank of Additional Deputy Commissioner under him to preside over such meeting:

Provided also that if it is not possible to hold the meeting for a situation due to non-attendance of the requisite number of members in such meeting or meetings as the case may be he non-confidence motion shall automatically stands cancelled and, the motion shall be deemed to have lots in the event of which no such motion shall be allowed within the next six months."] (Inserted in Section 73, in sub-section (2) after the proviso, the new second and third provisos, by Assam Act No.X of 1997 S. 16 (w.e.f. 30th April, 1997), [Published in the Assam Gazette Extraordinary No. 117, dated April 30, 1997.])

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

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

(2) A President or a Vice-President removed from his office under sub-section (1) may also be removed by the Government from membership of the Zilla Parishad after an opportunity is afforded for hearing him.

Every Zilla Parishad shall hold meeting attest once in every three months, at such time and at such place within the local limits of the district concerned as the Zilla Parishad may fix at the immediately preceding meeting:

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

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

(1) One-third of the total member of members of the Zilla Parishad shall form a quorum for transacting business at a meeting of the Zilla Parishad.

(2) Ten clear days notice of an ordinary meeting and seven clear days notice of a special meeting specifying the time at which such meeting is to be held and the business to be transacted thereat, shall be sent to the member 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 mentoned in the written request made for such meeting.

(3) If at the time appointed for the meeting, quorum is not present, the person presiding shall, wait for thirty minutes, and if within such period there is a quorum proceed with the meeting but if within such period there is no quorum, the person presiding shall adjourn the meeting to such hour on some future date which 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 meeting no quorum is required and the business which would have been brought before the original meeting shall be teansacted.

(4) No resolution of the Zilla Parishad shall be modified or cancelled within six months after the passing thereof except by a resolution passed by not less than one half of the total number or members at an ordinary or special meeting. Any notice thereof shall be given fulfilling the requirement of sub-section (2) and setting forth-fully the resolution which is proposed to modify fully or cancel at such meeting and motion or proposition for the modification or cancellation of such resolution.

(5) The proceedings of every meeting shall be recorded in the minutes book immediately after the deliveration of the meeting and shall after being read over by he Chairman of the meeting be signed by him. The action taken on the decisions of the Zilla Parishad shall be reported at next meeting of the Zilla Parishad. The minutes book shall at all reasonable time, be open["for inspection"] (Substituted for the words "to inspect" by Assam Act No X. of 1997 s. 17 (w. e. f. 30th April, 1997), [published in the Assam Gazette. Extraordinary No 117 of dated April 30th, 1997 at page 878]) by any member of the Zilla Parishad. The minutes book shall always be kept in the 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, within the days from the date of the meeting, be forwarded to Government.

(7) All questions coming before the Zilla Parishad shall be decided by a majority of votes:

Provided, that in case of equality of votes, the President or the member presiding shall have a casting vote.

(8) Every meeting shall be presided over by the President or if hr 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.

(1) The president shall--

(a) Perform all the duties imposed and exercise all the powers conform on the Zilla Parishad under this Act and rules made thereunder;

(b) convene, preside over and conduct meeting of the Zilla Parishad;

(c) exercise administrative, supervision over the Chief Executive Officer and throgh him, all Officers and the employees whose services may be placed at the disposal of the Zilla Parishad bt 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 ot the Government may by rules made in this behalf prescribe;

(e) exercise over all supervision over the financial and executive administration of the Zilla Parishad and place before the Zilla Parishad all questions connected ther with which shall appear to him to require its orders and for this purpose may call for records of the Zilla Parishad.

(2) The Vice-President shall--

(a) in absence of the President, preside over the meeting of Zilla Parishad;

(b) exercise such powers and perform such duties of the President, as the President from time to time may, subject to the rules as may be prescribed, delegate to him by order in writing; and

(C) pending the election of the President or during the absence of the President from the district, or by reason of leave for a period exceeding 30 (thirty) days, exercise the powers and perform the duties of the President.

If it appears to a Zilla Parishad that the attendance of any District Officer of the Government having jurisdiction in the district is desirable at a meeting of the Zilla Parishad, the Chief Executive Officer shall by a letter addressed to such Officer, not less than fifteen days before the intended meeting, request that Officer to be present at the meeting, and the Officer shall unless prevented by reasonable cause, attend the meeting:

Provided that the Officer on receipt of such letter may, if he, for any unavoidable cause as aforesaid is unable to be present there by himself, instruct his Deputy or other departmental Sub Ordinate Officer to represent him at the meeting:

Subject to such conditions as may be specified by the Government from time to time, the Zilla Parishad shall perform the meeting.

(1) The Government may assign to a Zilla Parishad functions in relation to any matters to which the executive authority ot 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.

The Zilla Parishad shall have the following Standing Committees, namely--

(a) General Standing Committee;

(b) Finance and Audit Committee;

(c) Social Justice Committee;

(d) Planning and Development Committee;

(1) Each Standing Committee shall consist of such number of members not exceeding five inclucing the Chairman as specified by the Zilla Parishad and elected by the member of Zilla Parishad from amongst its members whose terms will be one year at a time.

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

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

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

(5) The Chief Executive Officer of the Zilla Parishad shall be the Ex-Officer Secretary ot the General Standing Committee and the Finance, Audit and Planning Committee and he shall nominate one of the Deputy Secretaries as Ex-officio Secretary for each of the remaining Standing Committees. The Chief Executive Officer shall be entitled to attend the meeting of all the Standing Committees.

(1) The General Standing Committee shall perform functions relating to the establishment matters and functions relating to communications buildings, rural housing, village extension, relief against natural calamities, Rural Development Programme of Government of India and allied 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 receipt ot expenditure, considration of proposals effeceting the finance of the Zilla Parishad and general supervision of the revenue and expenditure of the Zilla Parishad;

(b) the plan priorities, alloction of outlays to devlopments, horizontal and vertical linkage, implementation of guidelines issued by Government, regular review of planning programmes, evaluation of important programmes, and small saving schemes.

(3) The social Justice Committee shall perform functions relating to--

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

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

(c) amelioration of the difficulties of the Scheduled Castes and Scheduled Tribes, woman and other weaker sections of the Society.

(4) The Planning and Development Committee shall perform the followong functions--

(a) be incharge of all educational activities of the Zilla Parishad;

(b) undertake the planning of education in the district within the framework of the National Policy and the National and State Plan;

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

(d) perform such other duties pertainging to education, adult literacy and cultural activities as the Zilla Parishad may assign to it;

(e) health Service, Hospitals, Water Supply, Family, Welfare and other allied matters;

(f) agricultural production, animal husbandry cooperation, contour ["bunding"] (Substituted for the word 'buniding' by Assam Act No. X of 1997, s. 18 (w.e.f 30th April 1997), [Published in the Assam Gazette Extraordinary No 117 dated April 30, 1997 at page 878.]) and reclamation.

(g) village and cottage indistries;

(h) promotion of indudtrial development of the district.

(1) The Standing Committees shall perfrom the functions referred to in sub-sections (1), (2), (3) and (4) of Section 83 to the extent the powers are delegated to them by the Zilla Parishad.

(2) The Committees shall perform, in tespect of matters assigned to them, such additional duties as may be prescribed.

(1) The Zilla Parishad may frame regulations relating to election of members of Committees, conduct of business therein, and all other matters relating to them.

(2) The Chairman of every Committee shall in respect of the work of that Committee be entitled to call for any information, return, statement or report from the Zilla Parishad and to enter in and inspect any immovable property of the Zilla Parishad or any work in progress concerning the Committee.

(3) Each Committee shall be entitled to require attendance at its meetings any Officer of the Zilla Parishad who is concerned with the work of the Committee. The Chief Executive Officer shall under instruction of the Committee, issue notice and secure the attendance of the officer.

The Zilla Parishad may by notification delegate to the Chief Executive Officer or other officers any of the powers conferred by or under this Act, on the Zilla Parishad.

(1) A Zilla Parishad shll have the power to acquire, hold or dispose of property and to enter into contracts :

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

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

(3) The Government may allocate to a Zilla Parishad any Public property situated within its jurisdiction, the thereupon, such property shall vest in and come under the control of the Zilla Parishad.

(4) Where a Zilla Parishad requires land to carry out any of the purposes of this Act, it may regotiate with the person or persons having interest in the said land, and if it fails to reach an agreement, it may make an applications 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.

The Zilla Parishad may, by notification, turn, divert, discountinue or permanently close any road, which is under the control and administration of or is vested in, the Zilla Parishad.

(1) The Zilla Parishad shall have powers to do all acts necessary for or incidental to, the carrying out of the functions entrusted or delegated to it and, in particu;ar, and without prejudice to the foregoing powers, to exercise all powers specified under this Act.

(2) Subject to the general or special orders of the Government, a Zilla Parishad may--

(a) incure expenditure on educatio or medical relief outside 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 inhabitants of the district;

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

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

(1) It shall be the function of a Zilla Parishad to prepare plans for economic development and social justice of the District and ensure the Coordinated implementation of such plan in respect of matters including those enumerated below --

(1) Agricultural--

(i) promotion of measures to increase agricultural production and to popularize the use of improved agricultural implement and the adoption of improved agricultural 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 [* *] )Deleted the word "of by Assam Act. No. X of 1997, S. 19 (w.e.f. 30th April, 1997), [Published in the Assam Gazette Extraordinary No. 117 dated 30th April, 1997]) training centers;

(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 life irrigation;

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

(iii) development of ground water resources;

(iv) installation of pumps sets;

(v) watershed development programme.

(3) Horticulture--

(i) rural parks and gardns'

(ii) cultivation of fruits and vegetable;

(iii) farms.

(4) Statistics--

(i) publication of statistical and other information relating to activities of Gaon Panchayat, Anchalik Panchayats and Zilla Parishad.

(ii) Co-ordination and use of statistics and other information required for the activities of the Gaon Panchayats, Anchalik Panchayats and Zilla Parishad; (iii) periodical supervision and evaluation of Project and Programme entrusted to the Anchalik Panchayats and Zilla Parishad.

(5) Rural Electrification--

Assist in implementation and maintenance of rural electrification schemes.

(6) Soil Conservation--

(i) soil conservation measures;

(ii) land reclamation and land development, works.

(7) Marketing--

(i) development of regulated markset and marketing yards;

(ii) grading and quality control of agriculture products.

(8) Social Foresty--

(i) organise campaign for tree planting;

(ii) planning and maintenance of trees.

(9) Animal Husbandry and Dairying--

(i) establishment of veterinary hospitals and dispensaries;

(ii) setting up of mobile diagnostic and clinical laboratories;

(iii) breeding farms for cows and pigs;

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

(v) common cold storage facilities for dairying, populatry and fishery products;

(vii) fordder development programmes;

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

(viii) prevention of epidemics and contagious diseases.

(10) Minor Forest Produce and Fuel and Fodder--

(i) promotion of social and farm foresty, fuel plantation and fodder development;

(ii) management of minor forest products of the forest raised in community land;

(iii) development of wasteland.

(11) Fisheries--

(i) fish seed production and distribution; (ii) development of Fisheries in private and community tanks;

(iii) development of inland fisheries;

(iv) fish curing and drying;

(v) assistance to traditional fishing;

(vi) organising fish marketing co-operatives;

(vii) walfare 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 consumber demand;

(iv) organisation of training programme for craftmen and artisans;

(v) ["Liaison"] (Substituted for the word "liason" by the Assam Act No. x of 1997. S. 19 (w.e.f. 30th April, 1997), (Published in the Assam Gazette extraordinary No. 117 dated 30th April, 1997, at page 878.]) 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--

(i) construction and maintenance of roads other than National and State Highways;

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

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

(iv) identification of major link roads connecting markets, educational institutions, health centres;

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

(14) Health and Hygiene --

(i) establishment and maintenance of hospitals, primary health centres and dispensaries except Civil Hospital, Medical College Hospital, T.B. Sanitorium, Leprosy Hospital and Mental Hospital;

(ii) implementation of immunisation and vaccination programme;

(iii) health education activities;

(iv) maternity and child health activities;

(v) family welfare activities;

(vi) organising health camps with Anchalik and 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) poopularising low costs housing.

(16) Education --

(i) promotion of educational activities including the establishment and maintenance of primary and secondary school.

(ii) planning programmes for Adult Education and library facilities;

(iii) extension work of ["propagation"] (Substituted for the world "propogation" by Assam Act No. X of 1997. s 19 (w.e.f) 30th April, 1997), [Published in the Assam Gazette Extraordinary No 117 dated 30th April, 1997 at page 878]) of science and technology to rural areas;

(iv) survey and evaluation of educational activities;

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

(17) Social Welfae and Welfare of Weaker Sections--

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

(ii) managing hostels for the benefit of Scheduled Castes and Scheduled Tribes;

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

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

(v) managing residential basic schools for Scheduled Castes and Scheduled Tribes;

(vi) providing facilities for marketing of goods produce by members of the Scheduled Castes and Scheduled Tribes;

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

(viii) other Welfare schemes for the uplifit and development of Scheduled Castes and Scheduled Tribes.

(18) Poverty Alleviation Programme--

(i) planning, supervision, monitoring and implementation of proverty alleviation programme.

(19) Social Reform Activities--

(i) women's organisation and Welfare;

(ii) local vagrancy relief;

(iii) children's organisation and welfare;

(iv) maintenance of Social Welfare Institution 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 intercaste marriages in which one party is member of a Scheduled Castes or Scheduled Tribes; (vi) control of fire out breaks;

(vii) campaign against superstitutions, casteism, untouchability, alcoholism; expensive marriage, social functions, dowry and conspicious consumption;

(viii) encouraging community marriages and intercaste marriages;

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

(x) assistance for developing land assigned to landless labourers;

(xi) identify, free and rehabilitate bonded labourers;

(xii) encouragement of sports and games;

(xiv) give new form and social content to traditional festivals;

and

(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--

(a) manage or maintain any work of public utility or any institution vested in it or under its control and management;

(b) acquire and maintain village hats and markets;

(c) make-grants to Anchalik Panchayat and Gaon Panchayats;

(d) co-ordinate and integrate the development plans and schemes prepared by Anchalik Panchayat in the district;

(e) adopt measures for the relief to the people in distress;

(f) examine and sanction the budget estimates of Anchalik Panchayats in the district;

(g) undertake or execute any schemes extending to more than one Block;

(h) take over the maintenance and control of any rural bridge, tank, well, channel or drain belonging to private owner or any other authority on such terms as may be agreed upon.

[Note -- In the Principal Act, sub-section (3) of Section 90, is not print in the Assam Gazette Extraordinary (No. 49) Dated 6th May, 1994 pages 659]

(4) The Zilla Parishad may be vested by the State Government with such power under any Act as the Government may deem fit.

(5) The Zilla Parishad of two or more adjacent districts may jointly undertake and execute any development schemes on such terms and conditions as may be mutually agreed upon.

There shall be for every Zilla Parishad a fund called the Zilla Parishad Fund and the following shall form part of or be paid into the Zilla Parishad Fund, namely--

(i) the amount transferred to the Zilla Parishad Fund by appropriation form out of the consolidated fund of the State;

(ii) all grants, assignments, loans, and contributions made by the Government;

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

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

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

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

(vii) all sums received by or on behalf of the Zilla Parishad by virtue of this Acts :

Provided that sums received by way of endowments for any specific purpose shall not from part of or be paid into the Zilla Parishad Fund.

(1) The amounts at the credit of the fund shall be held in a current accounts with the nearest branch of the 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 Co-operative Apex Bank in the State any surplus fund in the ["hand"] (Substituted for the word "hands" by Assam Act No. X of 1997, S. 20 (w.e.f. 30th April, 1997), [Published in the Assam Gazette Extraordinary No. 117 dated 30th April, 1997 at page 878) which may not be required for current Charges and withlike sanction to invest such funds in securities of the Government of India or the State Government or in such other securities as the Government may, from time to time approve in this behalf and to vary such investment for dispute of such securities with like sanction.

(1) Subject to the provisions of this Act and the rules made thereunder and such general or special orders as the Government may make, all property owned by, or vested in, the Zilla Parishad under this Act and all funds received by it and all sums accruing to it under the provisions of this Act or any other law for the time being in force, shall be applied for the purpose specified in Section 90 and Section 92(2) and for all other purpose for which by or under this Act or any other law for the time being in force, powers are conferred or duties are imposed upon the Zilla Parishad:

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

Provided further that not less than twenty percent 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 of--

(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 allowance to the members of the Zilla Parishad or any Committee thereof, subject to such rules as may be made in this behalf by the Government;

(b) the salaries and allowances, pension and gratuity etc., of its officers and employees other than those whose salaries and allowances are paid from the consolidated fund of 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 laws for the time being in force, powers are conferred or duties are imposed upon the Zilla Parishad;

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

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

Save as otherwise provided in this Act and subject to the regulations made in this behalf, a Zilla Parishad may charge fee for any licence or permission issued by it under this Act and the rules made thereunder and levy rent and fee for the occupation or use of land or other property placed under its control or vested in it or maintained out of the Zilla Parishad Fund.

(1) Subject to such maximum rate, as the Government may prescribe, a Zilla Parishad may --

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

(b) levy the following fees and rates, namely--

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

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

(iii) a fee for licence for fair or mela;

(iv) a lighting rate where arrangement for lighting public streets and places is made by the Zilla Parishad within its jurisdiction; and

(v) water rate, where arrangement for the supply of water for drinking, irrigation or any other purpose is made by the Zilla Parishad within its jurisdiction.

(2) The Zilla Parishad shall not undertake registration of any vehicle or levy fee therefor and shall not provide sanitary arrangement at places of worship or pilgrimage, fairs and meals within its jurisdiction or levy fee therefor if such vehicle has already been registered by any other authority under any law for the time being in force or if such provisions 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 provide for exemption from all or any of the tolls, fees or rates in any class or cases.

(1) Every Zilla Parishad shall, at such time in such manner as may be prescribed, prepare in each year ["a"] (Substituted for the word "in" by Assam Act No. X of 1997, S. 21 (w.e.f. 30th April, 1997), Published in Assam Gazette Extraordinary No. 117 dated 30th April 1997) 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 submission or resubmission, as the case may be the budget shall be deemed to be approved by the Government.

(3) No expenditure shall be incurred unless the budget is approved by the Government.

(4) The Zilla Parishad may prepare in each year a supplementary estimate providing any modification of its budget and may submit it to the Government for approval within such time and in such manner as may be prescribed.

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

(1) The audit of the accounts of the Zilla Parishad shall be carried out by the authority as may be prescribed by the Government and a copy of the audit note shall be forwarded to the Zilla Parishad within one month of completion of the audit.

(2) On receipt of the audit report referred to in sub-section (1) of Zilla Parishad shall either remedy any defects or irregularity which have been pointed out in the audit and send to the Government within three months or intimation of its having done so or shall, within the said period, supply any further explanation to the prescribed authority in regard to such defects or irregularities as it may wish to give.

A Zilla Parishad may, with the previous sanction of the Government and subject to the conditions imposed by it from time to time, raise loans for the execution of any work or for the purpose of carrying out any of the provisions of this Act and form a sinking fund for the payment of such loan.

Except as hereinafter provided, payment of any sum shall be made out of the Zilla Parishad Fund unless the expenditure of the same is covered by a budget grant except in the following cases namely--

(a) refund of moneys which the Zilla Parishad is authorised to make under this Act or the Rules and Regulations made thereunder;

(b) payment of moneys belonging to the contractors or other persons held in deposit and of moneys credited to the Zilla Parishad fund by mistake;

(c) sums which the Zilla Parishad is required or empowered by this Act to pay by way of compensation;

(d) every sum payable--

(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 proceedings, or claim.

It shall be lawful for the Government from time to time to direct, by notification that any road, roads, bridge, channel, building or other property, movable or immovable or which is vested in the Government and which is situated in the district, shall with the consent of the Zilla Parishad, and subject to such exceptions and conditions as the 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 administration of the Zilla Parishad, subject to all exceptions and conditions so made or imposed and to all charges and liabilities affecting the same :

Provided that the Government by notification may resume any property placed under the control of a Zilla Parishad under sub-section (1) on such terms as the Government may determine.

(1) The Government shall appoint an officer not below the rank of the Addl. Deputy Commissioner of a district as Chief Executive Officer of the Zilla Parishad.

(2) The Government shall also appoint a Chief Accounts Officer and a Chief Planning Officer for each Zilla Parishad.

(3) The Government shall post from time to time to work under every Zilla Parishad, such number of other Officers of the State Government (including any officer appointed to such services from amongst person employed By existing local authorities) as the Government consider necessary.

(4) Notwithstanding anything contained in this Act or any other law for the time being in force, the Government or any other Officer or other authority audhorised by it in this behalf shall have powers to effect transfer of the officers so posted either within the district or from one district to another district.

(5) Under every Zilla Parishad there shall be such number of Grade- III and Grade-IV staff including technical staff as per staffing pattern prescribed by the Government. The Class-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 inforce, the Director of Panchayat and Rural Development, Assam have powers to effect transfer of the provincialised staff so appointed either within the district or from one district to another district.

(7) That staff as under sub-clause (5) and (6) in position in the Mahkuma Parishads comprising the district immediately prior to the enactment of this Act shall be absorbed in the Zilla Parishad concerned.

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

(1) Save as otherwise expressly provided by or under this Act, the Chief Executive Officer shall--

(a) carryout the policies and directions of the Zilla Parishad and take necessary measures for the speedy execution of all works and developmental schemes of Zilla Parishad;

(b) discharge the duties imposed upon him, by or under this Act, or the rule and regulations made thereunder;

(c) supervise works of the officers and officials of the Zilla Parishad under the general superintendence of the President of the Zilla Parishad and under such rules as may be prescribed;

(d) have custody of all papers and documents relating to Zilla Parishad; and

(e) draw and disburse money out of the District Rural Development funds and exercise such other powers and perform such other functions as may be prescribed.

(2) The Chief Executive Officer shall be the Ex-officio Secretary of the Zilla Parishad and may take part in the discussion but shall not have right to move any resolution or to vote. If in the opinion of the Chief Executive Officer any proposal before the Zila 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.

(3) The Chief Accounts Officer shall advise the Zilla Parishad in matters of financial policy and shall be responsible for all matters relating to the accounts of the Zilla Parishad including preparation of annual accuonts and the budget.

(4) The Chief Accounts Officer shall ensure that no expenditure is incurred except under proper sanction and in accordance with this Act and the Rules and Regulations thereunder and shall disallow any expenditure not warranted by the Act or Rules and Regulations or for which no provision is made in the budget.

(5) The Chief Planning Officer shall advise the Zilla Parishad in matters of plan formulation and shall be responsible for all matters relating to planning of the Zilla Parishad including the preparation of plan of economic devlopment and social justice and annual plan for the district.

(1) Every person in possession of money, accounts, records or other property pertaining to a Gaon Panchayat or Anchalik Panchayat or Zilla Parishad shall on the requisition in writing of the Chief Executive Officer for this purpose, forthwith handover such money, or deliver up such accounts, records or other property to the Chief Executive Officer or the person authorised in the requisition, to receive the same.

(2) The Chief Executive Officer may also take steps to recover any money due by such person in the same manner and subject to the same provisions as in the relevant Land Revenue Act for the recovery of the arrear of land revenue from defaulters, and for the purpose of recovering the accounts, records or the other propery, pertaining to the Gaon Panchayat or Anchalik Panchayat. or Zilla Parishad may issue a search warrant and exercise all such powers with respect thereto as may lawfully be exercised by a Magistrate under the provisions of Chapter---VII of the Code of Criminal Procedure (Central Act 2 of 1974).

(3) Every person Knowing where any money, accounts, records or other property pertaining to a Gaon Panchayat or an Anchalik Panchayat or Zilla Parishad are concealed, shall be bound to give information of the same to the Chief Executive Officer.

(4) An appeal shall lie from an order of Chief Executive Officer under this Section to the Government.

(1) All Hats within the territorial jurisdiction of Anchalik Panchayat shall be settled in the manner prescribed for a period coinciding with and not exceeding one Panchayat financial year by inviting tenders at the office of the Anchalik Panchayat by its President.

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

(3) The powers of examination and final acceptance of such tenders shall be vested in the Standing Committee referred to in Section 52 (1)(a).

(4) All settlement made under sub-section (3) shall be subject to the confirmation of the Zilla Parishad :

Provided that in case of any dispute, the Anchalik Panchayat may refer such case to the Government and the aggrieved party may appeal to Government whose decision in this regard shall be final.

(5) Failure to settle any Hat for want of adequate value, the Anchalik Panchayat, as may be decided by the Zilla Parishad, may be entrusted with the direct management of such Hat by the Anchalik Panchayat.

(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 proceeds of Hats, shall, be made over to the Zilla Parishad fund; and

(b) an amount equivalent to forty percent of the sale proceeds of Hats shall be equally distributed to all the Gaon Panchayat under the Anchalik Panchayat and remaining forty percent retained in the Anchalk Panchayat Fund :

Provided that amount due if any, on account of annual instalment for repayment of the loan with interest incurred by the erstwhile Mahkuma Parishad, Anchalik Panchayat and Gaon Panchayat for improvement of hats falling within jurisdiction of the Anchalik Panchayat and Gaon Panchayat concerned shall be paid out of the forty percent share of sale proceeds of hats made over to Anchalik Panchayat or Gaon Panchayat as the case may be.

(1) All public Ferries, other than Government ferries within the territorial jurisdiction of the Anchalik Panchayat shall be settled in the manner prescribed for a period coinciding with and not exceeding one Panchayat financial year by inviting tenders at the office of the Anchalik Panchayat by its President.

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

(3) The powers of examination and final acceptance o t such tenders shall be vested in the Standing Committee under Section 52(1)(a).

(4) All settlement made under sub-section (3) shall be subject to the confirmation of the Zilla Parishad :

Provided that in case of any dispute the Anchalik Panchayat may refer such cases to the Government and aggrieved party may appeal to Government whose decision in this regard shall be final:

Provided further that as and when deemed necessary, the Government may intervene in the matter of a particular settlement and its decision in this regard shall be final:

Provided further that the State Government may issue order to Anchalik Panchayat for the settlement of a public ferry falling within the jurisdiction of more than one Anchalik Panchayat or Zilla Parishad.

(5) All sale proceeds of public ferry shall be deposited in the Anchalik Panchayat Fund and thereafter the proceeds of inter Anchalik Panchayat public ferry, if there be any, shall be equitably distributed to the Anchalik Panchayat concerned and thereafter the proceeds remaining in an Anchalik Panchayat Fund shall be distributed in the manner hereinafter provided--

(a) an amount equivalent to twenty percent of the sale proceeds of public ferry shall be made over to the Zilla Parishad Fund;

(b) an amount equivalent of 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 experces, it there be any, for maintenance and improvement of the publich ferries from out of the forty percent share of sale proceeds of public ferries received by it:

Provided further that if any Anchalik Panchayat fails to make improvement of or neglect to maintain the portion of the inter-Anchalik Panchayat Public ferry falling within the jurisdiction of the Anchalik Panchayat, such expenditure incurred for maintenance and improvement shall be deducted from the share of the defaulting Anchalik Panchayat.

(c) an amount equivalent to forty percent of the sale proceeds of public ferries shall be equally distributed among all the Gaon Panchayats falling within the jurisdiction of the Anchalik Panchayat;

(d) the sale of all public ferries falling within two or more Anchalik Panchayat shall be conducted by the Anchalik Panchayats by rotation every year. In case of dispute between two Anchalik Panchayat the matter shall be referred to the Zilla Parishad/Government, whose decision shall be final.

The powers of settlement of private hats, ghats and fisheries under the jurisdiction of the Gaon Panchayat shall be vested in the Standing Committee as under sub-section (1) (i) of Section 22.

---

(1) Notwithstanding anything in any law for the time being in force, the State Government shall transfer such Government Fishery which has fetched an income of rupees twenty-five thousand or less in a year to the Gaon Panchayat within the jurisdiction ot which the fishery is situated :

Provided that a transfer under this sub-section shall be given effect from the next following year of such income.

(2) The Government shall transfer Government Fisheries whose annual sale value is more than rupees Twenty-five thousand and less than rupees one lakh with power of their control and administration to the Anchalik Panchayat within the jurisdiction of which such fisheries are situated.

(1) Save as otherwise provided in this Act or Rules frame thereunder, all fisheries of an Anchalik Panchayat shall be settled by the Anchalik Panchayat in the manner prescribed for a period coinciding with or not exceeding one Panchayat financial year by inviting tender at the office of the Anchalik Panchayat by its President.

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

(3) The powers of examination and final acceptance of such tenders shall be vested in the Standing Committee referred to in Section 52(i)(a).

(4) All Settlement made under sub-section (3) shall be subject to the confirmation of the Zilla Parishad :

provided that in case of any dispute, the Anchalik Panchayat may refer such cases to the Government and the aggrieved party may appeal before Government whose decision in this regard shall be final:

Provided further that as and when deemed necessary, the Government may intervence in the matter of particular settlement and its decision on this regard shall be final.

(5) All sale proceeds, of public fisheries shall be deposited in the Anchalik Panchayat fund and shall be distributed in the manner hereinafter provided--

(a) twenty percent of the total sale proceeds of Anchalik Panchayat fisheries shall be made over the Zilla Parishad fund;

(b) forty percent of the total sale proceeds of the Anchalik Panchayat fisheries shall be retained with the Anchalik Panchayat Fund;

(c) forty percent of the total sale proceeds of Anchalik Panchayat fisheries shall be distributed equally among the Gaon Panchayats falling within the jurisdiction of the Anchalik Panchayat.

(6) The Hats, Ferries and Fisheries falling under any Anchalik Panchayat within the jurisdiction of Zilla Parishad the yearly sale value of which is more than rupees one lakh [ * * *] (Deleted the words "and less than three lakhs" by Assam Act No. X of 1997. S. 22 (w.e.f. 30th April, 1997), [ Published in the Assam Gazette Extraordinary No. 117 dated 30th April, 1997 at page 879.]) shall be settled by the Zilla Parishad concerned for a period coinciding with and not exceeding one Panchayat Financial year as under Section 105, 106 and 109 in the manner prescribed. The powers of examination and final acceptance of such tenders shall be vested in the Standing Committee as under Section 81(i)(a). The distribution of sale proceeds shall be in the manner as prescribed in the foregoing sections.

(1) Notwithstanding anything contained in the Assam Municipal Act, 1956 the sale proceeds of any hat situated in the area which has been excluded after commencement of this Act from the territorial jurisdiction of the Gaon Panchayat and included in the territorial jurisdiction of the Town Committee or Municipality, shall be equally apportioned by the State Government for three succeeding years following the year of such transfer of the area.

(2) For any loan incurred by a local authority for improvement of a hat situated in the area which has been excluded from the territorial jurisdiction of Town Committee or Municipality, the liability or repayment of such loan with interest, shall be transferred to such Town Committee or Municipality, under order of the Government.

No Person shall be elected or co-opted and remain as President, Vice-President or Member of Zilla Parishad, Anchalik Panchayat and Gaon Panchayat, if he or she--

(a) has been convicted of an offence involving moral turpitude or ordered to give security for good behaviour under Section 110 of the Code of Criminal Procedure, 1973, unless a period of four years has lapsed on the date fixed for holding election from the date of his release in case of a sentence or imprisonment and in case of sentence other than imprisonment from the date of conviction;

or

(b) has been dismissed from Government service, for commission of act involving moral turpitude unless a period of five years has elapsed on the date fixed for holding election from the date of his dismissal; or

(c) applies to be declared as an uncertified bankrupt or undischarged insolvent; or

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

(e) hold any service of profit under Government or any educational institution recognised and received grant from the Government, or holds remunerated office under Zilla Parishad, Anchalik Panchayat and Gaon Panchayat or holds any contract under any of the aforesaid bodies or under the Government; or

(f) has been during the four years immediately preceding the date of election convicted of an offence punishable under Section 135, or clause (a) of sub-section (2) of Section 136 of the Representation of the Peoples Act, 1951 or has been found by the competent authority to have resorted to corrupt practice resulting in setting aside of his election to any local body or to any legislature in India; or

(g) has been a defaulter of payment of any rate, tax cess or fee imposed under the provisions of this Act and the Rules framed thereunder or of any loan of co-operative society;

(h) if any question arises as to whether a member of a Panchayat 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;

(i) if a person who is chosen as a member of a Panchayat is or becomes member of the House of the People, the State Legislative Assembly or is or becomes a Municipal Councilor or a Councillor of a Municipal Corporation or a member of a Town Committee, then within fifteen days from the date of commencement of the term of office of a member of the House of People, the State Legislative Assembly or of the Municipal Corporation or Councillor of Municipalty or member of Town Committee, his seat in the Panchayat shall become vacant unless he has previously resigned his seat in the House of People, the State Legislative Assembly or the Municipality or the Municipal Corporation or the Town Committee as the case may be;

["(j) No person shall be disqualified on the ground that he is less than twenty five years of age, if he has attained the age of twenty one years."] (Substituted by Assam Act. No. X of 1997 S. 23, (w.e.f. 30th April, 1997), (Published in the Assam Gazette Extraordinary No. 117 dated 30th April, 1997.))

Note-- Before substitution of sub-section (j) of Section 111, read as follows --

"(j) no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of eighteen years."

(1) The Officers as empowered by the Government in this behalf shall have general poowers of inspection, supervision, over the performance of the administrative duties of a Zilla Parishad, Anchalik Panchayat or Gaon Panchayat and without prejudice to the generality of the foregoing powers may--

(a) enter into and inspect any immovable property in the occupation or control or any work in progress under the direction of a Zilla Panchayat, Anchalik Panchayat or Gaon Panchayat;

(b) call for and inspect any document which may, tor the purpose of this Act, be in the possession or control of a Zilla Parishad, Anchalik Panchayat or Gaon Panchayat;

(c) require, by an order, in writing a Zilla Parishad, Anchalik Panchayat or Gaon Panchayat to furnish such statements, accounts, proceeding as they think fit;

(d) give such advice in writing in respect of the administrative works, duties and proceeding as they think necessary, also see that all proceedings of a Zilla Parishad, Anchalik Panchayat or Gaon Panchayat are in conformity with law and manual any proceeding which is considered not to be in conformity with law and may do all things necessary to secure such conformity;

(e) institute an enquiry in respect of any matter relating to a Zilla Parishad, Anchalik Panchayat or Gaon Panchayat and rectify any act or commission.

(1) The Government shall as soon as may be within one year from the date of commencement of the Constitution (seventy-third amendment) Act, 1992 and thereafter at the expiration of every fifth year constitute a Finance Commission to review the financial position of the Panchayats and to make recommendations to the Governor as to--

(a) the principls which should govern--

(i) the distribution between the State and the Panchayats net proceeds of the taxes, duties tolls and fees leviable by the State which may be divided between them and allocation between Panchayats at all levels of their respective share of such proceeds;

(ii) the determination of the taxes, duties, tolls and fees which may be assingned to or appropriated by the Panchayat;

(iii) the Grants-in-aid to the Panchayats from the consolidated fund of the State;

(b) the measures needed to improve the financial position of the Zilla Parishads, Anchalik Panchayats and Gaon Panchayats;

(c) any other matter referred to the Finance Commission by the Governor in the interest of sound finance of the Panchayats.

(2) The Finance Commission shall consist of a Chairman and two other members to be appointed by the Governor.

(3) The Chairman and the members of the Finance Commission shall possess such qualification and shall be appointed in such manner as may be prescribed by Government.

(4) The Finance Commission shall determine its procedures.

(5) The Chairman or a member of the Finance Commission may resign his office by writing under his hand and addressed to the Chief Secretary to the Government of Assam, but he shall continue in his office untill his resignation is accepted by the Government.

(6) The casual vacancy created by the resignation of the member or Chairman under sub-section (5) or for any other reason, may be filled by fresh appointment and a member or Chairman so appointed shall hold office for the remaining period for which the member or Chairman in whose place he has been appointed would have held office.

(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 Government of the State shall cause every recommendation made by the Finance Commission under this section together with an explanatory memorandum as to the action taken thereon to be laid before the House of the State Legislature.

(1) The Superintendence, direction and control of the preparation of Electroral roll for and the conduct of all election to the Panchayat shall be vested in a State Election Commission consisting of a State Election Commissioner to be appointed by the Governor.

(2) The conditions of service and tenure of office of the State Panchayat Election Commissioner shall be such as the Governor may by rule determine, provided that the State Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of the High Court and the conditions of service of the State Panchayat Election Commissioner shall not be varied to his disavantage after his appointment.

(3) The Government shall when so requested by the State Election Commissioner, make available to the State Election Commission such staff as may be necessary for the discharge of the functions conferred on the State Panchayat Election Commission under this Act.

["(4) The Returning Officers, Assistant Returning Officers, Presiding Officers, Polling Officers and any other officer appointed under this Act and any Police Officers designated for the time being by the State Government for the conduct of the Panchayat Election shall be deemed to be on deputation to the State Election Commission for the period commencing on and from the date of notification calling for Panchayat Election and ending with the date of declaration of the results of the election and accordingly such officers shall during that period be subject to the control, superintendence and discipline of the State Election Commission."] (Inserted new sub-section "(4)" and Original sub-section "(4)" re-numbered as sub-section "(5)" by Assam Act No. XXV of 1999 s. 3 (w.e.f. March 30, 2000), [Published in the Assam Gazette Extraordinary No. 65, dated March 30, 2000.])

(5) Subject to the provisions of Constitution of India, as amended, the State Legislature may bye-law, make provision with respect to all matters relating to, or in connection with Election to the Panchayats.

Every Panchayat shall have powers to revise or modify any decision taken by any of its Committees.

(1) A Gaon Panchayat may, subject to the provisions of the Act and the Rules made thereunder and with the previous sanction of the Zilla Parishad, make bye-laws to carry out the purposes of this act in so far as it relates to its powers and duties.

(2) In particular and without prejudice to the generality of the foregoing power, a Gaon Panchayat may make such bye-laws as may be required to discharge the function and duties entrusted to it under Section 19.

(3) In making any bye-laws under sub-section (1) and (2) the Gaon Panchayat may provide that a contravention thereof shall be punishable with such fine as may be prescribed.

(4) Any such bye-laws may also provide that a person contravening the same, shall be required to remedy so far as it lies his power, the mischief, if any, cause by such contravention.

(5) All bye-laws made under this section shall be subject to the condition of previous publication and such publication shall be made in such manner as may be prescribed.

(1) An Anchalik Panchayat may, subject to the provisions of this Act and the Rules made thereunder and with the previous sanction of the Government, by notification, make regulations to carry out the purposes of this Act in so far as it relates to its powers 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.

(1) Zilla Parishad may subject to the provisions of this Act and the Rules made thereunder and with the previous sanction of the Government, by notification, make regulations to carry out the purposes of this Act in so far as it relates to its powers and duties.

(2) The regulations made under sub-section (1) shall be subject to the condition of previous publication and such publication shall be made in such manner as may be prescribed.

(1) The Government may subject to the provisions of this Act, the Rules made thereunder and after previous publication of the draft for not less than one month, make model regulations and bye-laws for Gaon Panchayats, Anchalik Panchayat and Zilla Parishads.

(2) A Goan Panchayat, Anchalik Panchayat or Zilla Parishad may, by resolution adopt the model bye-laws or regulations, as the case may be, made under sub-section (1), and such bye-laws and regulations shall come into force within the jurisdiction of the Gaon Panchayat, Anchalik Panchayat or Zilla Parishad from such date as the Gaon Panchayat, Anchalik Panchayat or Zilla Parishad from such date as the Gaon Panchayat, Anchalik Panchayat or Zilla Parishad, as the case may be, may specify in a notice published in the prescribed manner.

(1) When on account of the reason that the limits of a Panchayat area is altered, the Government may by order published in the Official Gazette dissolve such Panchayat, from a date, specified in the order and direct that Goan Panchayat, Anchalik Panchayat and Zilla Parishad concerned--

(i) be reconstituted for the Panchayat area of which the Gaon Panchayat or of which the Anchalik Panchayat or the district of which the Zilla Parishad has been dissolved; or

(ii) be established for a Panchayat ara, block or district which has been newly re-constituted.

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

(3) The Gaon Panchayat, Anchalik Panchayat or Zilla Parishad re-constituted or re-established under the provisions of sub-section (1) shall consist of members nominated by the Government and such member shall be persons who are members of the Gaon Panchayat, Anchalik Panchayat or Zilla Parishad which has been dissolved under sub-section (1).

(4) The Chairperson of Gaon Panchayat, Anchalik Panchayat or Zilla Parishad shall be elected in the manner provided in this Act.

(5) The term of th Gaon Panchayat, Anchalik Panchayat or Zilla Parishad so constituted or established shall be for such period not exceeding six months as the Government may by order specify.

(6) Before the expiry of the term of the Gaon Panchayat, Anchalik Panchayat or Zilla Parishad in accordance with the provisions of subsection (5) a Gaon Panchayat, Anchalik Panchayat or Zilla Parishad shall be constituted in the manner provided by this Act:

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

(7) A Gaon Panchayat, Anchalik Panchayat or Zilla Parishad constituted under sub-section (6) shall continue only for the remainder of the period for which the dissolved Gaon Panchayat, Anchalik Panchayats or Zilla Parishad would have continued had it not been dissolved.

(8) When a Gaon Panchayat, Anchalik Panchayat or Zilla Parishad has been dissolved and reconstituted or re-established under this section so much of the Gaon Panchayat, Anchalik Panchayat or Zilla Parishad fund and other property vested in the Gaon Panchayat, Anchalik 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.

(9) The rights and liabilities of the Gaon Panchayat, Anchalik Panchayat or Zilla Parishad which has been dissolved in respect of Civil or Criminal proceedings, contracts agreements and other matters or things arising in and relating to any part of the area subject to the authority of the Gaon Panchayat, Anchalik Panchayat or Zilla Parishad re-constituted or re-established shall vest in such Gaon Panchayat, Anchalik Panchayat or Zilla Parishad.

(10) Any appointment, notification, notice, tax, order, scheme, licence, permission, rule, regulations or form made, issued, imposed or granted by the Gaon Panchayat, Anchalik Panchayat or Zilla Parishad which has been dissolved in respect of any part of the area subject to the authority of the Gaon Panchayat, Anchalik Panchayat or Zilla Parishad which has been re-constituted or reestablished shall be deemed to have been made, issued, imposed or granted by such Gaon Panchayat, Anchalik Panchayat or Zilla Parishad unless and until it is suspended by any appointment, 'notification, notice, order, scheme, licence, permission, rule, regulations or form made, issued imposed or granted by such Gaon Panchayat, Anchalik Panchayat or Zilla Parishad.

(11) If any difficulty arises in giving effect to the provisions of the proceeding sub-section, the Government may by order published in the official Gazette, as the occasion may require, do anything which appears to it necessary to remove the difficulty.

(1) The Government may, at any time for reason to be recorded, cause an enquiry to be made against any of its officers in regard to any Gaon Panchayat, Anchalik Panchayat or Zilla Parishad on matters 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 Code of Civil Procedure, 1908 to take evidence and to compel attendance of witnesses and production of documents for the purpose of inquiry.

(1) Notwithstanding anything contained in this Act, it shall be lawful for the Government to issue directions to any Panchayat in matters relating to State and national policies and such directions shall be binding on the Panchayat.

(2) The Government may--

(a) call for any record or register or other document in 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.

(1) Notwithstanding the transfer of any powers, functions and duties in respect of any matter to a Panchayat under this Act, the Government on a proposal from the panchayat in that behalf 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 health centre or conversion of multiplication farm into an agricultural research farm or a road becoming a part of a high-way and any other things, the matter would cease to be a matter in the relevant Panchayat functions list and it is necessary to withdraw from the Panchayat, the powers, functions or duties in respect of such matter may, by notification in official Gazette withdraw such powers, functions and duties with effect from the date specified in the notification and make such incidental and consequential orders as may be necessary to provide for matters including the taking over of the property, rights and liabilities if any, vested in the Panchayat and of the staff in any, which may have been transferred to the Panchayat as the case may be.

(2) The Government may, by notification in the Official Gazette amend or add any activity, programme or scheme covered or mentioned under Section 19, Section 49 and Section 90 and on the issue of such notification, the relevant Panchayat functions list shall be deemed to have been amended accordingly. Every such notification shall be placed before the House of State Legislature.

(1) If in the opinion of the Zilla Parishad, the execution of any order or resolution of a Gaon Panchayat or any order of any authority or officer of a Gaon Panchayat or the doing anything which is about to be done, is improper or is causing or is likely to cause injury or annoyance to the public or to lead to a breach of peace, it may, by order suspend the execution or prohibit the doing thereof.

(2) When the Zilla Parishad make an order under sub-section (I) 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 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.

(1) If in the opinion of the Government, a Gaon Panchayat, Anchalik Panchayat or Zilla Parishad exceeds or abuses its powers or is not competent to perform or make persistent default in the performance of the duties imposed on it under this Act or any other law for the time being in force, the Government may, by an order published in the Official Gazette dissolve such Gaon Panchayat or Anchalik Panchayat or the Zilla Parishad as the case may be.

(2) Before publishing an order under sub-section (1), the Government shall communicate to the Gaon Panchayat or the Anchalik Panchayat or the Zilla Parishad, as the case may be, the grounds on which it proposes to do so, fixed a reasonable period for the Panchayat concerned to show cause against the proposal and consider its explanation or objection, if any.

(3) When a Gaon Panchayat or an Anchalik Panchayat or a Zilla Parishad is dissolved all the members of the Gaon Panchayat or the Anchalik Panchayat or the Zilla Parishad shall, from the date specified in the order, vacate their offices as such members.

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

(a) all the powers and duties of the Gaon Panchyat or Anchalik Panchayat or Zilla Parishad shall during the period of it's 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.

(1) Every Gaon Panchayat shall prepare every year a development plan and submit it to the Anchalik Panchayat before such date and in such form as may be prescribed by Districts Planning Committee as under Section 3(1).

(2) Every Anchalik Panchayat shall prepare every year a development plan for its area after including the development plans of the Gaon Panchayats and submit it to the Zilla Parishad before such date and in such form as may be prescribed by the District Planning Committee as under Section 3 (1).

(3) Every Zilla Parishad shall prepare every year a development plan of the district after including the development plans of the Anchalik Panchayat and submit it before such date and such form as may be prescribed by the District Planning Committee, to the District Planning Committee, constituted under Section 3(1) of this Act.

The Government shall constitute such Panchayat Election Tribunals as may be necessary, on the recommendation of the High Court to dispose of all direct election petitions challenging election under this Act. The jurisdiction, powers and functions and the headquarters of the Tribunal shall be decided by the Government in consultation with the High Court, except as provided in Section 10 of this Act.

(Inserted new Sections '127 A' to '127R' by Assam Act No. XXV of 1999, S.4 (w.e.f. 30th March, 2000). [Published in the Assam Gazette Extraordinary No. 65, dated March 30, 2000 at page 294-304.]) ["Any person who is connection with panchayat election promotes or attempts to promote on grounds of religion, race, caste, community or language, feeling of enmity or hatred between different classes shall be punishable with imprisonment for a term which may extend to three years, or with fine to the extent of one thousand rupees or with both.

An offence punishable under this section shall be cognizable and bailable.

Any person who convenes, holds or attends any public meeting in any polling area during the period of forty eight hours ending with the hour fixed for the conclusion of the poll for panchyat election in that polling area shall be punishable with fine which may extend to two hundred and fifty rupees.

An offence punishable under this section shall be cognizable and bailable.

Any person who at a public meeting of political character held lawfully between the date of issue of notification of panchayat election and date fixed for ending election canvases, acts or incites others to act in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called, shall be punishable with imprisonment for a term which may extend to there months or with fine which may extend to one thousand rupees or with both.

An offence punishable under this section shall be cognizable and bailable.

No person shall print or publish, or cause to be printed or published, any election pumphlet or poster which does not bear on its face the names and address of the printer and the publisher thereof.

(2) No person shall print or cause to be printed any election pumphlet or poster--

(a) unless a declaration as to the identity of the publisher thereof, signed by him and attested by two person to whom he is personally known, is delivered by him to the printer in duplicate; and

(b) unless within reasonable time after the printing of the document, one copy of the declaration is sent by printer together with one copy of the document to the District Returning officer (District Magistrate) of the district where it is printed.

Any person who contravenes any of the provision of subsection (1) and (2) shall be punishable with imprisonment for a term which may extend to six months or with fine which any extend to two hundred rupees or with both.

An offence under this section is cognizable and bailable.

Every Officer, Assistant Agent or other person who perform any duty in connection with the recording or counting of votes in Panchayat election shall maintain the secrecy of the voting and shall not (except for some purpose authorised by or under any law) communicate to any person any information calculated to violate such secrecy.

Any person who contravenes this provision shall be punishable with imprisonment for a term, which may extend to three months or with fine which may extend to five hundred rupees or with both.

An offence under this section is cognizable and bailable.

Any person who is a Returning Officer or an Assistant Returning Officer or a President or Polling Officer at a Panchayat Election or an Officer or Assistant appointed by the Returning Officer or by the Presiding Officer to perform any duty in connection with a Panchayat Election or a Member or a Police force on duty shall not endeavour--

(i) to persuade any person to give his vote at a Panchayat Election;

(ii) to dissuade any person form giving his vote at a Panchayat Election.

(iii) to influence the voting of any person at a Panchayat election in any manner.

Any person who contravenes these provisions shall be punishable with imprisonment which may extend to six months or with fine, which may extend to two hundred rupees or with both.

An offence punishable under this section shall be cognizable and bailable.

No person shall, on the date or dates on which poll is taken at any polling station commit any of the following station or at any public or private place within a distance of one hundred meters of the polling station, namely--

(i) canvassing for votes; or

(ii) soliciting the vote of any elector; or

(iii) persuading any elector not to vote for any particular candidate; or

(iv) persuading any elector not to vote at the election; or (v) exhibiting any notice or sign, other than an official notice relating to the Panchayat Election.

Any person who contravenes these provisions shall be punishable with fine which may extend to two hundred and fifty rupees.

Any offence punishable under this section shall be cognizable and bailable.

(1) No person shall, on the day or dates on which a poll is taken at any polling station--

(i) use or operate, within or at the entrance of the polling station or any public or private place in the neighbourhood thereof, any apparatus for amplifying or reproducing the human voice, such as a megaphone or a loudspeaker; or

(ii) shout, or other act in a disorderly manner, within or at the time entrance of the polling station or in public or private place in the neighbourhood thereof, so as to cause annoyance to any person visiting the polling station for the poll, or so as to interfere with the work of the officers and other person on duty at the polling station.

Any person who contravenes or wilfully aids or abets the contavention of, these provisions shall be punishable with imprisonment which may extend to three months or with fine which may extend to five hundred rupees or with both.

An offence punishable under this section is cognizable and bailable.

(2) If the Presiding Officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under this section he may direct any police officer to arrest such person and thereupon the police officer shall arrest him.

(3) Any police officer may taken such steps, and use such force, as may be reasonably necessary for preventing any contravention of the provisions of this section and may seize any apparatus used for such contraventions.

Any person, who, during the hours fixed for the poll at any polling station, shows misconduct or fails to obey the lawful directions of the Presiding Officer, may be removed from the polling station by the Presiding Officer or by any Police Officer on duty or by any person authorised in this behalf by such Presiding Officer.

The power conferred by the above provision shall not be exercised so as to prevent any elector who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.

Any person, who has been so removed from a polling station, if re-enters the polling station without the permission of the Presiding Officer, he shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both.

An offence punishable under this section shall be cognizable and bailable.

If any elector to whom a ballot paper has been issued refuse to observe the procedure prescribed for voting, the ballot paper handed over to him shall be liable for cancellation.

If any person is guilty of any such corrupt practice of illegal hiring or procuring of vehicle for voter at or in connection with the Panchayat Election, he shall be punishable with fine which may extend to one thousand rupees.

The offence punishable under this section is cognizable and bailable.

(1) If any person in official duty in connection with a Panchayat Election to whom this Act applies is without reasonable cause guilty of any act or omission in breach of his official duty, he shall be punishable with fine which may extend to five hundred rupees.

An offence punishable under this section shall be cognizable and bailable :

Provided that no suit or other legal proceedings shall lie against any such person for damages in respect of any such act or omission as aforesaid.

(2) The person to whom this section applies are the Returning Officer, Assistant Returning Officer, Presiding Officer, Polling Officer and any other person appointed to perform any duty in connection with the receipt of nominations or withdrawal fo candidature or recording or counting of votes at the Panchayat Election and the expression 'Official duty' shall for the purposes of this section be construed accordingly, but shall not include duties imposed otherwise than by or under Act.

If any person in the service of the Government acts as an election agent, or a polling agent or a counting agent of a candidate at Panchayat Election, he shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees or with both.

An offence punishable under this section is cognizable and bailable.

Any person who at the Panchayat Election fraudulantly take or attemps to take a ballot paper out of a polling station, or wilfully aids or abets the doing of any such act, shall be punishable with imprisonment for a term which may extend to one year with fine which may extend to five hundred rupees or with both.

If the Presiding Officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under this section, such officer may, before such person leaves the polling stations arrest or direct a police officer to arrest such person and may search such person or cause him to be searched by a Police Officer :

Provided that when it is necessary to cause a women to be searched, the search shall be made by another women with strict regard to decency.

Any ballot paper found upon the person arrested on search shall be made over for safe custody to a police officer by the Presiding Officer, or when the search is made by a police shall be kept by-such officer in safe custody.

An offence punishable under this section shall be cognizable and bailable.

Whoever commits an offence of booth capturing shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years and with fine, and where such offence is committed by a person in the service of the Government he shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine, which may extend to one thousand rupees or with both.

An offence punishable under this section is cognizable and non-bailable.

Explanation-- For the purpose of this section "booth capturing" includes among other things, all or any of the following activities, namely--

(i) seizure or closure of a polling station or a place fixed for the poll by any person or persons making polling authorities surrender the ballot papers or voting machines and doing of any other act which affect the orderly conduct of election;

(ii) taking possession of a polling station or a place fixed for the poll by any person or persons and allowing only his or their own supporters to exercise their right to vote and prevent others from voting;

(iii) threatening any elector or obstructing or preventing him from going to the polling station or a place fixed for the poll to caste his vote;

(iv) seizure or closure or taking possession of a place for counting of votes by any person or persons making the counting authorities surrender the ballot papers or voting machines and the doing of any thing which affects the orderly counting of votes;

(v) doing by any person in the service of the Government of all or any of the aforesaid activities or aiding or conniving at, any such activities in furtherance of the prospects of the election of a candidate or against the prospects of a candidate.

A person shall be guilty of all election offence, if at the Panchayat Election be--

(i) fraudulantly defaces or fraudulently destroys any nomination papers; or

(ii) fraudulantly defaces, destroys or removes any list notice or other documents affixed by or under the authority of a Returning Officer; or

(iii) fraudulantly defaces or fraudulantly destroys any ballot paper or the official mark on any ballot papers or any declaration of identity or official envelope used in connection with voting ballot; or

(iv) without the authority supplies any ballot paper to any person or receives any ballot paper from any person or is in possession of any ballot papers; or

(v) fraudulantly put into any ballot box any thing other than the ballot paper which he is authorised by law to put in; or

(vi) without due authority destroys, takes opens or otherwise interferes with any ballot box or ballot papers then in use for the purposes of the election; or

(vii) fraudulantly or without authority, as the case may be, attempts to do any of the foregoing acts or wilfully aids or abets the doing of any such acts.

Any person guilty of an electoral offence under this section shall--

(a) if he is Returning Officer or Assistant Returning Officer or a Presiding Officer at a polling station or any other officer or Assistant employed on official duty in connection with the Panchayat Election, be punishable with imprisonment for a term which may extend to two years or with fine which may extend to one thousand rupees or with both;

(b) if he is any other person be punishable with imprisonment for a term which may extend to six months or with fine which may extend to six months of which may extend to two hundred rupees or with both;

(c) for the purpose of this section, a person shall be deemed to be on official duty if his duty is to take part in the conduct of Panchayat Election or part of the election including the counting on votes or to be reasonable after the election for the used ballot paper and the other documents connected with the election, but the expression "Official duty" shall not include duty imposed otherwise by or under this Act.

No Court other than that of a Judicial Magistrate of the First Class of the competent jurisdiction shall try any offence under this Act.

Offence under this Act may be tried summarily in the manner provided for summary trial under the Code of Criminal Procedure, 1973 (Act 2 of 1974).

Explanation-- For the purposes of the foregoing sections of this Act, the words "cognizable" and "bailable" shall have the meaning respectively assigned to them in the Code of Criminal Procedure, 1973 (Act 2 of 1974)."] (Inserted new Sections '127 A' to '127R' by Assam Act No. XXV of 1999, S.4 (w.e.f. 30th March, 2000). [Published in the Assam Gazette Extraordinary No. 65, dated March 30, 2000 at page 294-304.])

(1) As soon as may be after the first day of July in every year and not later than the thirty first day of August every year, the Executive Officer of the Anchalik Panchayat shall place before the Anchalik Panchayat a report of the Anchalik Panchayat during the preceding Panchayat year in such form and with such details as the Government may direct and shall forward the report with the resolution of Anchalik Panchayat thereon to the Government by the thirtieth of September of every year.

(2) As soon as may be after the first day of July every year, the Chief Executive Officer of the Zilla Parishad shall prepare a report on the Administration of the Zilla Parishad during the preceding Panchayat year in such form and with such detail as the Government may direct and submit the report to the Zilla Parishad.

After approval by the Zilla Parishad it shall be submitted 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.

Notwithstanding anything contained in this Act--

(a) the validity of any law relating to the delimination of constituencies on the allotment of seats to such constituencies, made under Article 243 of the Constitution of India shall not be called in question in any court;

(b) no election to any Panchayat shall be called in question except by an election petition presented within sixty days from the date of declaration of election results to the Tribunal constituted under Section 127.

All the Panchayats existing immediately before the commencement of this Act, shall continue till the expiration of their duration as under the Assam Panchayati Raj Act, 1986 unless sooner dissolved by a resolution passed to that effect by the Legislative Assembly of the State :

["Provided that in case of dissolution by a resolution passed by the Legislative Assembly all the powers and duties of Gaon Panchayats or Anchalik Panchayats shall, during the period of such dissolution, be exercised and performed by such officer not below the rank of a Gazetted Officer, as the Government may from time to time appoint in this behalf"] (Inserted as a new proviso by Assam Act No. X of 1997, S. 24 (w.e.f. 30th April, 1997), [Published in the Assam Gazette Extraordinary No. 117, dated April 30, 1997.])

(1) On and from the date on which this Act comes into force, the Assam Panchayati Raj Act, 1986 shall be deemed to be repealed.

Provided that--

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

(b) the said repeal shall not affect the validity or invalidity of anything already done under the said enactment;

(c) all rules and bye-laws, notifications, orders, appointments made, permissions and sanctions granted, taxes, cess, fees, or rates levied, contract entered into, suits instituted and proceedings taken under the Assam Panchayati Raj Act, 1986 and in force immediately before the commencement of this Act, shall continue to be in force and so far as they are not inconsistent with this Act, shall be deemed to have been 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 Panchayat, Anchalik Panchayats and Mahkuma Parishads under the provisions of the Assam Panchayati Raj Act, 1986, shall vest in the Deputy Commissioner or the Sub-divisional Officer as the case may be and shall be held by him in trust until it can be made over to the Gaon Panchayats, Anchalik Panchayats and Zilla Parishads constituted under this Act under the jurisdiction of which the area of the erstwhile Gaon Panchayat, Anchalik Panchayat and the Mahkuma Parishad is included;

(e) notwithstanding the repeal of the Assam Panchayati Raj Act, 1986, any arear of taxes, cess, fees and rates which were levied by the Gaon Panchayats, Anchalik Panchayats, or the 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, Anchalik Panchayat and the Zilla Parishad, as the case may be and credited into the respective Panchayat Fund;

(f) any penalty, forfeiture or punishment incurred in respect of any offence committed against the said Act; or

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

(2) When a Gaon Panchayat or Anchalik 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.

(3) The persons vacating office on dissolution shall be eligible for re-election or renomination.

If any difficulty arises in giving effect to the provisions of this Act, the Government may take such necessary action so long as these are not repugnant to the main objectives and provisions of this Act.

(a) The State Government may by notification constitute a standing committee of Legislatures to resolve disputes between the district administration and the Zilla Parishad.

When the provisions of this Act are withdrawn from and Zilla Parishad or Anchalik Panchayat or Gaon Panchayat area, all the properties, funds and dues, which were vested in such Zilla Parishads, Anchalik Panchayats or Gaon Panchayats, shall be vested in the Dy. Commissioner or the Sub-Divisional Officer as the case may be, who shall make such allocation of the properties as he deems fit with the prior approval of the Government.

Every person who is elected to be a member of Zilla Parishad, Anchalik Panchayat or Gaon Panchayat shall, before taking his seat, make and subscribe before such authority as may be specified by the State Government in this behalf an oath affirmation of his allegience to the Constitution of India at a meeting which shall hereinafter be called the first meeting in the following form--

I, A. B. being a member of the........................Zilla Parishad/Anchalik Panchayat /Gaon Panchayat do swear in the name of God (or solemnly affirm) that I will bear true faith and 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.

If dispute arises between two or more Panchayat bodies and local authority or between any two local authorities the matter shall be referred to the Government or to such authority as the State Government may direct and the decision of the Government or such authority shall be final and conclusive.

All the measures needed to augment the Consolidated Fund of the State to supplement the resources of the Panchayat in the State on the basis of recommendation made by the State Panchayat Finance Commission, shall be taken by the Government as it may deem fit.

Any employee under a Panchayat institution or person aggrieved by any order or act of a Panchayat insitution may file an appeal within fifteen days from the date of receipt of such order or performance of such act, to the Government whose decision in this regard shall be final.

(1) The State Government may delegate any of their powers under under rules framed thereunder except where expressly provided to the contrary to any Government Officer of Gazetted rank.

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

(3) Except where expressly provided to the contrary, the Deputy Commissioner or the Sub-Divisional Officer as the case may be, may delegate all or any of their powers under this Act or Rules framed under this Act to any Government Officer of Gazetted rank.

(4) The delegation of power under sub-section (1), (2), and (3) shall be an order in writing and such order may be modified or withdrawn at any time.

Subject to approval of the Government, every Anchalik Panchayat or Gaon Panchayat may, make subsidiary rules consistent with this Act and with any Rules made thereunder, provided for--

(a) the time and place of its meeting, the business to be transacted at the meeting and the manner in which the notice of the meeting be given;

(b) the duties and control of employees working under it;

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

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

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

(f) the person by whom receipt shall be granted for money received under this Act.

(1) For Zilla Parishad, Anchalik Panchayat and Gaon Panchayat Grade III and Grade IV staff shall be appointed by the Chief Executive Officer of Zilla Parishad on the recommendation of the District Selection Committee of Panchayat and Rural Development Department consituted by the Government in the Panchayat and Rural Development Department.

Grade I and Grade-II Officers shall be posted in the Panchayat and Zilla Parishad by the State Government :

["Provided that no appointment under this sub-section shall be made by the Chief Executive Officer without the prior approval of the State Government."](Inserted new proviso in sub-section (1) of Section 140 by the Assam Act No, XVI of 2001, (w.e.f. 19th October, 2001), [Published in Assam Gazette Extraordinary No. 186 dated 19th October 2001, page 2448-2449].)

(2) The teachers in schools managed by Panchayats shall be posted by the Officer authorised by the Education Department of the State Government on the recommendation of the District Teachers Selection Committee constituted by the Education Deparatment.

(1) The State Government may make rules for carrying out the purposes and objects of this Act.

(2) Any Rule framed under sub-section (1) may be given retrospective effect.

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

(2) Notwithstanding such repeal, anything done or any action taken under the ordinance so repealed shall be deemed to have been done or taken under the corresponding provisions of this Act as if this Act came into force on the date on which the said ordinance came into force.