Section 8

Section 8 of the Assam Gramdan (Amendment) Act, 1962. In section 35 of the principal Act,- of (1) In sub-section (2), after clause (h) the following Assam Act I of shall be inserted as clause (i), namely :- 1962.

In section 35 of the principal Act,- of (1) In sub-section (2), after clause (h) the following Assam Act I of shall be inserted as clause (i), namely :- 1962. "(i) the principles to be followed in recovering any payments due to the Gram Sabha on account of any land revenue, rent, cesses, rates or encumbrances due on the date of vesting on any land, from the owner concerned who donated the land by way of Gramdan;";

(2) the existing clauses (i) and (j) shall be renumbered as clauses ( j ) and (k) respectively. Insertion of 9. After section 35 of the principal Act, the fol- a new sec- Jowing new section shall be added as section 36, tion after section 35 of namely :-- Assam Act I of 1962. "Supersession 36.

(1) If, in the opinion of the State Govern- of a Gram ment, a Gram Sabha -- Sabha.

(a) is not competent to perform, or persistently makes default in performing the duties assigned to it by this Act ; or (b) exceeds or abuses the powers assigned to it under this Act ; or State Gov ting the reasons notificationCode (c) is not functioning in a manner consistent with the provisions of this Act or the rules framed thereunder ; Official Gazette, stating the reasons for its order, declare that Gram Sabha to be incompetent, or in default or to have exceeded or abused its powers or to have not been functioning in a manner consistent with the provisions of this Act or the rules framed thereunder, as the case may be, and supersede it for such period not exceeding one year at a time :

Provided that before any such notification is issued, the Gram Sabha concerned shall be given a reasonable opportunity of showing cause why the proposed declaration should not be made.

(2) On the supersession of a Gram Sabha under sub-section (1)- (a) the President and Members of all committees constituted by the Gram Sabha shall from the date specified in the notification vacate their office ;

(b) all the powers and duties of the Gram Sabha, shall during the period of supersession be exercised and performed by such person or persons as the State Government may from time to time appoint in this behalf ; T (c) all properties vested in the Gram Sabha and any balance of the Gram Nidhi, shall be vested in and such of its liabilities as may have been incurred in the discharge of its legitimate functions or which have been incurred in the course of duties performed in the genuine interest of the Gram Sabha concerned, shall be transferred to the Deputy Commissioner of the district or to the Subdivisional Officer of the subdivision, as the case may be. who shall make such arrangements, as may be deemed necessary until the expiration of the period of supersession ; and (d) the Gram Sabha Adalat established for the Gramdan Village concerned, shall cease to function and all the pending cases and suits shall stand transferred to the Courts of competent jurisdiction, which shall proceed with the cases and suits fiom such stage at which the proceedings were pending before the Gram Sabha Adalat on the date of transfer, as if the cases and they were duly mourated in such Courts and competer t jurisdiction.

(3) On the expiration of the period of supersession specified in the notification, the State Government may, if in its opinion it is so necessary, extend the period of supersession for such further term, as it may consider necessary, but not exceeding one year at a time, and on the expiration of the period of supersession either as originally specified or extended, the Gram Sabha shall resume its functions and elect its President and constitute the Committees, and the State Government shall establish the Gram Sabha Adalat, in the manner provided in this Act :

Provided that the State Government may at any time before the expiration of the period of supersession, withdraw any notification issued under sub-section (1).

(4) The income derived from the Gramdan Village during the period of supersession, shall first be utilised towards the cost of management during the period of supersession and liquidation of liabilities of the Gram Sabha and the balance shall be credited to the Gram Nidhi".

Section 8, The Assam Gramdan (Amendment) Act, 1962 (Act 27 of 1962).