Bare ActsThe Assam Gramdan Act, 1961

Section 33

Amendment status not verified — confirm the current text below against the official source.

(1) The Government at the request of a of P Paimha-n G r a m Sabha and after consultation with the Gaon Pan- & yat law tc chayat within whose territo rial jurisdiction the Gram Gram Sabha functions may, by notification in the Official "a h a- Gazette, declare that the Gram Sabha shall exercise all the powers and discharge all the duties and functions of the Panchayat or exercise such of the powers and discharge such of the duties and functions of the Pan­ chayat in relation to the revenue village as may be specified in the notification. (2) Upon the issue of a notification under sub­ section — (a) if all the powers and duties and functions of the Gaon Panchayat are to be exercised and discharged by the Gram Sabha— (») the Gaon Panchayat which functioned immediately before the date of notification shall, in relation to the revenue village, cease to function therein. 13 (it) all the powers, duties and functions attach- Assam Act ing to the Gaon Panchayat under the Assam Pan- -^IV ol chayat Act, 1959, shall, in relation to the revenue village, attach to the Gram Sabha and accordingly, the Gram Sabha shall exercise the powers and discharge the duties and functions aforesaid ; (tit) the provisions of the Assam Panchayat Assam Act Act, 1959, shall, subject to such restrictions and XXIV of modifications as the Government may specify in the notification, apply to the Gram Sabha as if it were r a Panchayat constituted under the law for th at revenue village ; (r») the Gram Sabha shall be entitled to all the assets and be subject to all liabilities of the Pan­ chayat as on the date of the notification in so far as such assets and liabilities are relatable to the revenue villa ge : Provided that the minor hat situated within the area of a Gram Sabha shall continue to be managed by the Gaon Panchayat within whose terri­ torial jurisdiction such minor hat lies, and a pro­ portion of the income thereof shall be given to the Gram Sabha according to the ratio the population of the Gram Sabha bears to the whole population of the Gaon Panchayat area ; (b) in any oth er case— (i) the Panchayat shall cease to exercise the powers and perform the duties and functions specified in the notification in relation to the are a within the jurisdiction of the Gram Sabha ; (it) the powers, duties and functions so speci- -S fied which attach ed to the Panchayat shall in relation to the are a aforesaid attach to the Gram Sabha and accordingly, the Gram Sabha shall exercise these powers and discharge these duties and functions ; (iii) the provisions of the Assam Panchayat Assam Act Act, 1959 shall, subject to the restrictions and modi- XX IV of locations specified in the notification, apply to the Gram Sabha as if it were a panchayat constituted under the Assam Panchayat Act of 1959 for these purposes ; (w) the Gram Sabha shall be entitled to such of the assets and be subject to such of the liabilities of the Panchayat as on the date of notification as may be specified in that notification. 14 (3) Any notification issued under sub-section (1) may contain such supplemental, incidental and con­ sequential provisions as the Government may deem necessary, and in particular, may direct— (i) that any tax, fee or other sum due to the Panchayat s! all be payable to the Gram babha : (ii) that appeals, petitions or other applications with reference to any such tax, fee or sum which are pending on the date of such notification shall be disposed of by the Gram Sabha. Power to

Section 33 – The Assam Gramdan Act, 1961 | DailyLaw.ai