Assam Panchayat Act, 1994
[Act No. XVIII of 1994]1
[05th May, 1994]
Preamble
An Act to amend and consolidate laws relating to Panchayat in
Whereas it is expedient of amend and consolidate laws relating to Panchayats in
It is hereby enacted in the Forty-fifth Year of Republic of India as follows-
Statement of Objects and Reasons
In view of the Constitution (Seventy-third, Amendment) Act, 1992, it becomes necessary to amend and consolidate the laws relating to Panchayats in
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.
Statement of Objects and Reasons of the Bill (Amending Act -
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.)
Statement of Objects and Reasons (Amendment Act -
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].
Statement of Objects and Reasons (Amending Act -
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].
Footnote:
-
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.Section 1 - Short title, extent and commencement
(1) This Act may be called the
Assam (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 once1.
Footnote:
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With effect from May 6th, 1994, Published in the Assam Gazette (Extraordinary No. 49 Dated May 6th 1994.
Section 2 - Definition
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...
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