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TypeBare Act JurisdictionAssam Government

The Constitution (Seventythird Amendment) Act, 1992 Section 334

(6) Nothing in this Part shall prevent the Legislature of a State from making any provision

~4 min read
https://sooperkanoon.com/act/350378

Bare act section · Research

About this section

The Constitution (Seventythird Amendment) Act, 1992 Section 334 is part of The Constitution (Seventythird Amendment) Act, 1992 - (6) Nothing in this Part shall prevent the Legislature of a State from making any provision. Read the section text below and explore Indian court judgments that cite it.

Research copy - verify against official government publications before filing or court use.

Section Text

for reservation of seats in any Panchayat or offices of Chairpersons in the Panchayats at any level in favour of backward class of citizens. 243-E.Duration of Panchayats etc. -

(1) Every Panchayat, unless sooner dissolved under any law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer.

(2) No amendment of any law for the time being in force shall have the effect of causing dissolution of a Panchayat at any level, which is functioning immediately before such amendment, till the expiration of its duration specified in clause.(1).

(3) An election to constitute a Panchayat shall be completed -

a) Before the expirty of its duration specified in clause (1):

b) 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 Panchayat would have continued is less than six months, it shall not be necessary to hold any election under this clause for constituting the Panchayat.

(4) A Panchayat constituted upon the dissolution of a Panchayat before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Panchayat would have continued under clause (1) had it not been so dissolved. 243-F. Disqualifications for membership -

(1) A person shall be disqualified for being chosen as, and for being, a member of a Panchayat -

a) if he is so disqualified by or under any law for he time being in force for the purposes of elections to the Legislature of the State concerned :

Provided that 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;

b) if he is so disqualified by or under any law made by the Legislature of the State. (2)if any question arises as to whether a member of a Panchayat has become subject to any of the disqualification mentioned in clause (1), the question shall be referred for the decision of such authority and in such manner as the Legislature of a State may, by law, provide. 243-G. Powers,authority and responsibilities of Panchayats - Subject to the provisions of the Constitution, the Legislature of a State may, by law, endow the Panchayats with such powers and authority as may be necessary to enable them to function as institutions of self- government and such law may contain provisions for the devolution of powers and responsibilities upon Panchayats at the appropriate level, subject to such conditions as may be specified therein, with respect to :

a) the preparation of plans for economic development and social justice;

b) the implementation of. schemes for economic development and social justice as may be entrusted to them including those in relation to the matters listed in the Eleventh Schedule. 243-H-Powers to impose taxes by, and Funds of the Panchayats - The Legislature of a State may, by law, -

a) authorise a Panchayat to levy, collect and appropriate such taxes, duties, tolls and fees in accordance with such procedure and subject to such limits;

b) assign to a Panchayat such taxes, duties, tolls and fees levied and collected by the State Government for such purposes and subject to such conditions and limits;

c) provide for making such grants-in-aid to the Panchayats from the Consolidated Fund of the State; and d) Provide for constitution of such funds for crediting all moneys received, respectively, by or on behalf of the Panchayats and also for the withdrawal of such moneys therefrom as may be specified in the law. 243-1-Constitution of Finance Commission to review financial position.

(1) The Governor of a State shall, as soon as may be within one year from the 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 principles which should govern -

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

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

(iii) the grants-in-aid to the Panchayats from the Consolidated Fund of the State;

(b) the measures needed to improve the financial position of the Panchayats;

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

(2) The Legislature of a State may, by law, provide for the composition of the commission, the qualifications which shall be requisite for appointment as members thereof and the manner in which they shall be selected.

(3) The Commission shall determine their procedure and shall have such powers in the performance of their functions as the Legislature of the State may, by law, confer on them.

(4) The Governor shall cause every recommendation made by the Commission under this article together with an explanatory memorandum as to the action taken thereon to be laid before the Legislature of the State.

Frequently asked questions

What does The Constitution (Seventythird Amendment) Act, 1992 Section 334 provide?

Section Section 334 of the The Constitution (Seventythird Amendment) Act, 1992 ((6) Nothing in this Part shall prevent the Legislature of a State from making any provision) is reproduced on this page as part of the The Constitution (Seventythird Amendment) Act, 1992. Lawyers and researchers use it to read the statutory wording before checking how courts have applied this section in reported judgments.

How do I find judgments on The Constitution (Seventythird Amendment) Act, 1992 Section 334?

Open “Find citing judgments” on this page to search Supreme Court, High Court, and tribunal decisions that reference The Constitution (Seventythird Amendment) Act, 1992 Section 334. Advanced act search can narrow results by court, year, or additional act filters.

Is the section text on SooperKanoon official?

SooperKanoon hosts bare act text for research and quick reference. For filings or compliance in Assam, confirm the wording against the official state gazette or authorized publication.

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