Section 18

Section 18 of the Assam Panchayat (Amendment) Act, 1966. In Section 32 of the principal Act, -- Amendment (1) for the punctuation full stop "(.)" occurring at of Section 32 the end of the first para, the punctuation comma of Assam Act "(,)" shall be substituted and then words "which XXIV of shall be exclusive of such staff as may be appointed by the State

In Section 32 of the principal Act, -- Amendment (1) for the punctuation full stop "(.)" occurring at of Section 32 the end of the first para, the punctuation comma of Assam Act "(,)" shall be substituted and then words "which XXIV of shall be exclusive of such staff as may be appointed by the State Government from time to time" followed by the punctuation full stop "(.)" shall be inserted ;

(2) at the end of the second para, for the punctuation full stop "(.)" the punctuation colon "(:)" shall be substituted and thereafter the following proviso shall be added, namely :-- "Provided that all employees except Gaon Panchayat Secretaries appointed by the Gaon or Anchalik Panchayat or the Deputy Commissioner or the Sub-divisional Officer, as the case may be, before the date of coming into force of the Assam Panchayat First (Amendment) Act, 1964 (Act VII of 1964) shall be deemed to be appointed by the Mohkuma Parishad under this Act." Substitution 19. For Section 35 of the principal Act, the follow- of Section 35 ing shall be substituted, namely :--- of Assam Act XXIV of 1959. "Incorpora- 35. Every Mohkuma Parishad, every Anchalik tion of Panchayat and every Gaon Panchayat shall by the a Gaon or pame notified under Sections 4, 5 and 11 respectively Anchalik Panchayat be a body corporate having perpetual succession and a or Mohku- cowmon seal and shall subject to any restriction or Pari- condition prescribed under this or any other enactment ma shad. in force, have power to acquire by purchase, gift or otherwise, to hold, adminis er and transfer property, both movable and immovable, and to enter into any contract, and shall by the said name, sue or be sued, and do all other things necessary for the purposes of this Act." Code Substitution 20. For Section 38 of the principal Act, the following shall be substituted, namely :- of Section 38 of Assam Act XXIV 1959. of "Duties, fun- 38.

(1) The Mohkuma Parishad shall perform the tions and following duties, namely :- powers of Mohkuma Parishad.

(a) to scrutinize and approve the budgets of the Anchalik Panchayats in accordance with the directions issued by the State Government and then to issue necessary instructions to the Anchalik Panchayat concerned for modifications of their budget where considered necessary :

Provided that if the budget is not scrutinised and communication made as aforesaid within a month of receipt, it shall be taken as approved;

(b) to supervise, guide and co-ordinate the activities of the Anchalik Panchayat;

(c) to review and evaluate the activities of the Panchayats ;

(d) to settle hats and the public ferries other than Government ferries and to fix and revise rents and tolls thereof ;

(e) to settle Panchayat fisheries by sale in auction or by inviting tenders ;

(f) to regulate, maintain and improve the hats and public ferries other than Government ferries in case of default by the Goan or Anchalik Panchayat, as the case may be ;

(g) to administer subdivisional cadres of Panchayat employees in the manner prescribed ;

(h) to co-ordinate and consolidate the plans prepared in respect of the Development Blocks and to prepare plans in respect of the subdivision ;

(i) to distribute funds to the Gaon and Ancha- lik Panchayats as may be entrusted by the State Government ;

(j) to advise State Government on all development matters including preparation of district plans ; ode (k) to advise in such other matters as may be referred to it by the State Government ;

(1) to advise the Deputy Commissioner and the Subdivisional Officer, as the case may be, in the distribution of Subdivisional Rural Development Fund; and (m) to draw up special programmes for Backward Classes within its area.

(2) The Mohkuma Parishad shall have the following powers, namely :--- A (a) to enter into and inspect any immovable or movable property in the occupation or control of, or any work in progress under, the direction of a Gaon or Anchalik Panchayat ;

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

(c) to supervise all revenue matters entrusted to a Gaon Panchayat ;

(d) to hear appeals filed by any person aggrieved by the assessment, levy or imposition of any tax or fee by the Anchalik Pancha. yat as prescribed ; and (e) to approve bye-laws prepared by the Gaon Panchayat.

(3) The Mohkuma Parishad may construct and maintain roads, culverts, bridges and embankments and irrigation projects within its area which in its opinion the Anchalik Panchayat is not in a position to do so or the expenditure involved in any such individual project is beyond such limit as may be prescribed by the State Government.

(4) The Mohkuma Parishad shall have such other powers and functions as may be assigned to it by the State Government, from time to time." Amendment 21. In Section 41 of the principal Act,- of Section 41 of Assam Act XXIV of 1959.

(1) in the margin, after the words "Anchalik Panchayat" followed by the punctuation full stop "(.)" the words "or Mohkuma Parishad" followed by the punctuation full stop "(.)" shall be inserted ;

(2) in sub-section (1), between the words "Ancha- lik Panchayat" and "may" the words "or Moh- kuma Parishad" shall be inserted.

(3) in sub-section (2), between the words "An- chalik Panchayat" and "may" the words sor Mohkuma Parishad" shall be inserted. IndiaCode Amendment 22. In Section 42 of the principal Act, -- of Section 42 of ; Assam Act XXIV of 1959.

(1) in the margin, between the words "Anchalik Panchayat" and "as" the words "or Mohkuma Parishad". . shall be inserted, (2) the words "or Mohkuma Parishad" shall be inserted between the words "Panchayat" and "shall". Amendment 23. In Section 44 of the principal Act, the words of Section 44 of Assam "or Mohkuma Parishad" shall be inserted after the Act XXIV words "Anchalik Panchayat" wherever the same of 1959. occur. Amendment 24. In Section 48 of the principal Act, between the of Section 48 of Assam words "Anchalik Panchayat" and "or" the words "OF Act XXIV Mohkuma Parishad" shall be inserted. of 1959. Amendment 25, In Section 49 of the principal Act,- of Section 49 of Assam Act XXIV DE 1959.

(1) in sub-section (1), for the punctuation full stop "(.)" occurring at the end of sub-section (1), the punctuation colon "(: )" shall be substituted and thereafter the following proviso shall be added, namely :--- "Provided that the co-opted member shall have no right to vote or hold office." Amen Iment 26. In Section 51 of the principal Act,- of Section 51 of Assam Act XXIV of 1959.

(1) between the words "Anchalik Panchayat" and "may" the words "or Mohkuma Parishad" shall be inserted ;

(2) for sub-section (3), the following shall be substituted, namely :- "(3) Bye-laws prepared by the Anchalik Panchayat or Mohkuma Parishad shall take effect only after they have been approved by the State Government.";

(3) after sub-section (3), as so substituted the following shall be inserted as sub-section (4), namely :- Ichaya Code "(4) Bye-laws prepared by the Gaon Panchayat shall take effect only after they have been approved by the Mohkuma Parishad." Amendment 27. In Section 60 of the principal Act, between the of Section 60 words "Anchalik Panchayat" and "as" punctua- of Assam tion comma "( , )" shall be deleted and in that Act XXIV place the words "or Mohkuma Parishad" followed of 1959. by the punctuation comma "( , )" shall be inserted. Amendment 28. In Section 63 of the principal Act,- of Section 63 of Assam Act XXIV of 1959.

(1) in the margin, after the words "Anchalik Panchayat" the full stop "(.)" shall be deleted and the words "or Mohkuma Parishad" shall be inserted followed by a full stop "(.)" ;

(2) between the words "Anchalik Panchayat" and "may" the words "or Mohkumą Parishad" shall be inserted, Substitu- 29. For Section 68 of the Principal Act, the following tion of Sec- shall be substituted, namely :- tion 68 of Assam Act XXIV of 1959. "The Gaon 68 (1). In every Gaon and Anchalik Pancha yat and and Ancha- Mohkuma Parishad constituted under Sections 11, 5 lık Panchayat and and 4 of this Act respectively there shall be Mobkuma a fund vested in the Gaon or Anchalik Panchayat Parishad Funds. or Mohkuma Parishad, as the case may be, which shall be called Gaon Panchayat Fund, Anchalik Panchayat Fund and Mohkuma Parishad Fund respectively and shall be utilised by Gaon Panchayat or Anchalik Panchayat or Mohkuma Parishad, as the case may be, to meet charges in connection with their duties under this Act. The accounts of the Gaon or Anchalik Panchayat Funds shall be kept in the prescribed manner.

(2) A Mohkuma Parishad Fund shall be administered by the Executive Officer-cum-Ex-officio Secretary of the Mohkuma Parishad and shall be held in a current, fixed or saving account with the State Bank or the Assam Co-operative Apex Bank ; and/or in postal Savings Bank, if so directed by the State Government. The accounts of such Mohkuma Parishad fund shall be operated by the Executive Officer-cum-Secretary of the Mchkuma Parishad. " Amendment 30. In Section 70 of the principal Act, for clause (vii) of section 70 the following shall be substituted, namely : - of Assam Act XXIV of 1959. "(vii) all sums accruing to the Anchalik Panchayat from public ferries according to the provision of Section 76B of this Act." Insertion of 31. After Section 70 of the principal Act, the follow a new Sec- ing shall be inserted as Section 70A, namely :--- tion 70A in Assam Act XXIV of 1959, "Credits to 70A. The following shall be credited to the Mohku- the Mohku- ma Parishad Fund :- ma Parishad Fund.

(i) all sums accruing or proceeds or any assessment assigned to the Mohkuma Parishad and fines realised under this Act or rules or bye-laws framed thereunder ;

(ii) all other sums collected or assigned to the Mohkuma Parishad under the provisions of this Act including grants given by the Union or the State Government, public donations and contributions by local authorities ; and diaCode (iii) all sums received by way of loan or gift or otherwise and all sale proceeds received by the institutions of the Mohkuma Parishad."

Section 18, The Assam Panchayat (Amendment) Act, 1966 (Act 5 of 1967).