The Assam Panchayati Raj (4th Amendment) Act, 1976

Registered No .-. A-12 The Assam Gazette EXTRAORDINARY PUBLISHED BY AUTHORITY GOVERNMENT OF ASSAM ORDERS BY THE GOVERNOR LAW DEPARTMENT NOTIFICATION The 17th May 1976 No.L.JL. 111/76/12 .- The following Act of the Assam Legislative Assembly which received the assent of the Governor is hereby published for . general information. THE ASSAM GAZETTE EXTRAORDINARY, MAY 19, 1976 ASSAM ACT VIII OF 1976 (Received the assent of the Governor of Assam on 7th May, 1976) THE ASSAM PANCHAYATI RAJ (FOURTH AMENDMENT) ACT, 1976 An Act further to amend the Assam Panchayati Raj Act, 1972. Preamble, Whereas it is expedient further to amend the Assam Panchayati Raj Act, 1972 hereinafter called the principal Act, in the manner hereinafter appearing ; It is hereby enacted in the Twenty Seventh year of the Republic of India as follows :- Short title, 1.

(1) This Act may be called the Assam Panchayati Raj (Fourth Amendment) Act, 1976. e xtent and commencement. (2) It shall have like extent as the principal Act. (3) It shall be deemed to have come' into force with effect from 29th April, 1974. Amendment 2. In Section 2 of the principal Act, in sub-section of Section (11), the semi-colon "(;)" at the end shall be subs- 2 of Assam tituted by a full stop "(.)" and thereafter the following Act. XI of 1973. shall be added namely :-.- "Such Ex-Officio members or Councillors shall have no right to attend the meeting of the Gaon Panchayat or the Mohkuma Parishad held for the purpose of electing its office bearers". Amendment 3. In Section 9 of the principal Act, in sub-section of Assam Act(1), in clause (e) between the words "nominate" and of, Section 9 XI of 1973.

"one" the words "in , the manner prescribed" shall be deleted. Amendment 4. In Section 10 of the principal Act, in sub-section of Section 10 (1) the words "such members from amongst themselves of Assam Actin the manner prescribed" shall be substituted by the XI, of 1973. words "its elected and nominated members if any, from amongst themselves." 5. In Section 12 of the principal Act - Amendment of Section 12 of Assam Act XI of 1973. `(a) in sub-section (1) in clause (i), the words "revenue or dues or loans of Government of Assam" shall be substituted for the words "Government revenue or dues or loans." THE ASSAM GAZETTE EXTRAORDINARY, MAY 19, 1976 327 (b) after sub-section (1), the following shall be in'serted as a new sub-section (2) viz. "(2) No Councillor, Chairman, Chief Executive Councillor, Deputy Chief Executive Councillor of a Mohkuma Parishad or a President, Vice-President or member of a Gaon Panchayat shall seek election to the Assam Legislative Assembly or as a member of any of the Houses of Parliament from any Constituency in Assam.

If any such person aforesaid seeks any such election he shall immediately cease to hold the office of the Councillor, Chairman, Chief Executive Councillor, Deputy / Chief Executive Councillor of a Mohkuma Parishad or the President, Vice-President or Member of a Gaon Panchayat, as the case may be." 6. In Section 20 of the principal Act- (1) in clause (d) of sub-section (1) between the words "nominate" and "not" the words "in the manner prescribed" shall be deleted. (2) in clause (b) of sub-section (2) for the words "Chairman and Chief Executive Councillor" the words "Chairman, Chief Executive Councillor and Deputy Chief Executive Councillor" shall be substituted. 7. In Section 21 of the principal Act - (a) in sub-section (1), for the words "a Chairman and a Chief Executive Councillor of the Mohkuma Parishad by its Councillors from amongst themselves in' the manner prescribed" the words "a Chairman, a Chief Executive Councillor and a Deputy Chief Executive Councillor of the Mohkuma Parishad by its elected and nominated Councillors, if any from amongst themselves" shall be substituted.

(b) after sub-section (1) the following new proviso shall be inserted, namely :- "Provided that the first election of the Deputy Chief Executive Councillor shall be held within three months from the date of publication of the Assam Panchayati Raj (Fourth Amendment) Act. 1976 in the official Gazette and the procedure for election of the Chief Executive Councillor shall mutatis mutandis be followed in respect of such election". Amendment of Section 20 of Assam Act XI of 1973 . Amendment of Section 21 of Assam Act XI of 1973. THE ASSAM GAZETTE EXTRAORDINARY, MAY 19, 1976 Amendment 8 In sub-section (1) of Section 22 of the principal of Section 22 Act, between the words "Chief Executive Councillor" of Assam Act XI of 1973. and "and" the punctuation comma "(,)" and the words "Deputy Chief Executive Councillor" shall be inserted.

Amendment 9. In Section 22-A of the principal Act, after the of Section words "Chief Executive Councillor" wherever these 22-A of occur, the punctuation comma "(,)" and words, "Deputy XI of 1973. Assam Act Chief Executive Councillor" shall be inserted. Amendment 10. In Section 23 of the principal Act, after sub- of Section 23 section (2), a new sub-section (3) shall be inserted, of Assam Act XI of 1973. namely :- "(3) The Deputy Chief Executive Councillor shall discharge all functions and duties of the Chief Executive Councillor under the Act 'and Rules made thereunder during vacancy in the office of the Chief Executive Councillor or temporary absence of the Chief Executive Councillor." Amendment 11. In Section 24 of the principal Act in between of Section 2 the words, "Chief Executive Councillor" and "or" the of Assam A .

XI of 1973. punctuation comma "(;)" and the words "Deputy Chief Executive Councillor" shall be inserted. Amendment of Section 25 of Assam Act XI of 1973. 12. In Section 25 of the principal Act - (1) in sub-section (1) in between the words, "Chief Executive Councillor" and "or" the words "or Deputy Chief Executive Couneillor" shall be inserted. (2) in sub-sections (2), (3) and (4) in between the words "Chief Executive Councillor" and "or" the words "or Deputy Chief Executive Councillor" shall be inserted. Amendment of Section 26 of Assam Act XI of 1973. 13 In Section 26 of the principal Act- (1) in sub-section (1), (a) between the words "Chief Executive Councillor" and "or" the words "or Deputy Chief Executive Councillor" shall be inserted. (b) for the words "two" in between the words "within" and "months" the word "six" shall be substituted.

(c) the words and punctuation comma "(.)" "bv holding bye-election," appearing between the words "occurred" and "in" shall be deleted. (2) in sub-section (2), between the words "Chief Executive Councillor" and "or" the words "or Deputy Chief Executive Councillor" shall be inserted. THE ASSAM GAZETTE EXTRAORDINARY, MAY 19, 1976 329 Amerdment 14. Clause (a) of sub-section (2) of Section 28 of the of Assam Actprincipal Act shall be substituted by the following, of Section 28 XI of 1973 namely :- '(2) (a) The Mohkuma Parishad shall have an Executive Committee consisting of the Chief Executive Councillor, Deputy Chief Executive Councillor and all the Presidents of the Standing Committees formed under sub-section (1). The Chief Executive Councillor and the Secretary of the Mohkuma Parishad shall function as the President and the Secretary respectively of the Executive Committee." 15.

In Section 156 of the principal Act - Amendment of Section 156 of Assam Act XI of 1973. (1) sub-section (3) shall be renumbered as sub-section (4) and after sub-section (2) the following shall be inserted as new sub-section (3), namely :- "(3) Any rule framed under this Act and sub-sections (1) and (2) above may be given retrospective effect." (2) in sub-section (1) the punctuation "(,)" occuring after the word "may" shall be deleted and the words and punctuation "(,)" "after previous publication," shall also be deleted, aCode MD. SAADULLAH, Joint Secretary to the Govt. of Assam, Law Department. GAUHATI-Printed and published by the Supdt. i/c., Printing Press, Directorate of Ptg. & Sty., Assam (Ex-Gazette), No.103-1,651+2,500-19-5-1976: