Amendment status not verified — confirm the current text below against the official source.
(i) T -e Officers as an empowered by tbe Government in wers of Go-this behalf fh -11 have yenetal powers o' inspection, supervision, vernment. (,v e r , h c performance or Tie ad innt a ive duties of a Zilla PMsnad, Archalik Panchayrt or Gaoo Pancha-at and without prejudice to tbe generality of tbe foregoing powers may (a) enter into and inspect any immovable property in the occ n ation or co rrol or any work in progress un r the direction <f a Zilla - Panshad, Anci.ahk Panchayat or Ga n Pa chaya ; (b call for »nc inspect any document wh ch may, for the purpose ol this Act, be in the po; session ot control of a Z'lla Parishad, Amh Ik Panchayat or Goan Pa ichayd ; * (c) require, bv an order, in writ ng a Zilla Parishad, Ancbalik Pan chayat or Gaen Panchayat to furnish such statements, accounts, reports, poceedings as they ihmk fit; (d) give such advice in writing in respect of the adminis rative works, duties arid proceedings as they think necessary, also see that ab proceedings of a Zilla Parishad, Andtaiik Panchayat or G an P ar eray*t are m conformity with law and manual any proceedings which is considered not to be in conformity with law and may do all things necessary to secure such c n’ormity; (e> institute an enquiry in respect < f any matter"relating to Zilla Parish d, Ancbalik Panchayat or Gaoo Panchayat and ractify any acto r omission. 674 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994 c h a p IER—X CONSTITUTION OF FINANCE COMMISSION AND STA T- ELECTION COMMISSION FOR PANCHAYAT BODIES. Finance Co- 113, The State Government shall as soar, as may be, within mmission. One year irom the date of commencement of the Constitution (seventy-third um.ndment) Act, 1992 ana thereafter at the expiration of every fifth year constitute a Finance Commission to review the financial position oi the ranchayats and to n ake recommendations to the Governor as to— * (a) the principles which should govern—“■ *• (i) the distribution between the State and the Panchar ats net proceeds of the taxes, cuties, tolls and fees leviable by the State which may be divided between them and ailocaticn between Panchayats at all levels of their respective share of such proceeds. (ii) the drtermin >tion of the taxes, duties, foils and fees which may be assignei to or appropriated by the Panchiyats (iii) the Grants-in-pid to lv Panchayats from the consolidated furd of the State. (b) the measuies needed t improve the fina: c al p sicon of tre Zilla Parishads, Anchalik Panchayats and Gaon Panchayats. (c) any other matter referred to the Finance Commission by the Governor in the interest of sound fiiar.ee of the Panel, yats ; (2) The Finance Commission shall rons'sts of a Cbairn n Snd two other members to be appointed by the Governor. (3) The Chaitman and the members ot the Finai ce Commission shall possess such qualification at) shall be appointed in such manner as may be prescribed by Go'em inent, (4) The Finance Commission shall determine its procedure'. (5; The Chairman oi a member of the Finance Commission may resign his office by writing under his hai a and addressed to the Chief Secietary to the Government of A am, but he shall continue in his ofiice until his resignation is accepted b, ihe Government. (6) The casual vacancy created by the resignation of the member or Chairman under sub-section (5) or for any other reason, may be filled by fresh appointment and a member or Chairman so appointed shall hold office for the remaining period for which the member or Chairman in whose place be has be n appointed would have held office. THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994 675 (7) The Commission shall have the following powers in the performance of its functions namely— (a) to call for any record from any Officer or authority ; (b) to summon any person to give evidence or produce records; and -*> (c) such other powers as may be prescribed. (8) The Governor of the State shall cause every reco- r mmendation made by the Finance Commission under this section together with an explanatory memorandum as to the action taken thereon to be laid before the House of the State Legislature. sute Pan- 114- (1 The Superintendence, direction and control of the tionyacoLmmi-Prepar - tion of electoral roll for, and the conduct of all ssion. election to the Panchayat shall be vested in a State Elec tion Commission consisting of a State Election Commissioner to be appointed by the Governor. (2) The conditions of service and tenure of office of the State Panchayat Election Commissioner shall be such as the Governor may by rule determine, provided that the State Election Commissioner shall not be removed from his office f except in like manner and on the like grounds as a judge of the High Court and the conditions of service of the State Panchayat Election Commissioner shal- not be varied to his disadvantage after his appointment, c, 3) The Government shall when so requested by the State Election Comrai sioner, make available to the State Election Commission such staff as may be necessary for the discharge of the functions conferred on the State Panchayat Election Commission under this Act. (4) Subject to the provisions of Constitution of India, as amended, the State Legislature may by law, make provision with respect to all matters relating to, or in connection with Election to the PanchayaTs. 676 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1991 CH A PTER-X I MISCELLANEOUS : decisioSn°Vof US* Every Panchayat shall have powers to revise or modify commi'te°». any decision taken by any of its Committees. Gaonrsr.°- A Gaon Panchr.yat m a ', subject to th. provisions chayat to of the Act and the rules made thereunder and with th^ make bye-pr e v ious s notion of t e Zilla Parish,d. make bye-laws to carry out the purposes of this Act in so far as it relates to its powers and duties. (2) Tn particular and without prejudice to the generality of the foregoing power, a Gaon Panchayat may make such bye-laws ?.s may be required t> discharge the function and duties entrusted to it under section 9 (3) In making any bye-laws under sub-section (1) and (2) the Gaon Panchayat may provide that a contravention thereof shall be punishable wifh such fine as may be pres cribed. (4) Any such bye-laws may also provide that a person contravening the same, shall be equimdto remedy so far as it li s in his power, the mischief, if any, earned by sue® contravention. (5) All bye-laws- made under this section shall be subject to the condition of previous publication and such publica-’ 3 r{j ticn shall be ma-'e in such manner as may be prescribed* eisjg ... Powjft of 117« fl) An Anchalik Panchayat may, subject to the provisions n5V-tk ^o °^ *■* :i n " r i i^eS m a c e thereunder and with the pre- maShcgu-vicus sanction of the Government, by notification, make re lations. gulations to carry cut the purposes of this Act in so far as it relates to its powers and duties. tcibnT io noiiuii UOUlv'O q C £AV , , . , , , . u (2) The regulations made under sub-section (1) shall be subject to the condition of previous publication and such publication shall be made in such manner as may be prescribed, THE ASSAM GAZETTE, EXTRAORDINARY, M AY 6, 1994 677 zSa^PaH- (1) A Zilla Panshad may, subject to the provisions shad te ma- of this Act and the rules made thereunder and with the dons’egaia' Pr e v ’o u s sanction of the Government, by notification, make regulations to carry out the purposes of this Act in so far as it relates to its powers and duties. (2) The regulations made under sub-section (1) shall be subject to the condition of previous publication and such publication shall be made in such manner as may be prescribed. ve°rnme°f»?o’ 1’9- C1) The Government may subject to the provisions of this make model Act, ti e rules made thereunder and after previous publi- reguiations. cation of the draft for net le:s than one month, make model regulations and bye-laws for Goan Panchayat, Ancha- lik Panchayats and Zilla Panshads- (2) A Garn Panel ay at, Anchalik Panchryat or Zilla Parishad may, by resolution rdopt the model bye-laws or regu lations, as the case may be made under sub-section (1), at d such bye-laws and regulations shell come into force within the jurisdiction of the Gaon Fanchavat, Anchalik Penchayat or Zilla Parishad from such date as the Gaon Panchayat, Anchalik Panchayat or Zilla Parishad, as the case may be may specify in a notice published in the prescribed manner. powers of 120- (l)W heu on account of the reason that the limits of to0 v edissoivea Panchayat area is altered, the Government may by order and recons published in the Official Gazette dissolve such Panchayat, chaylt inath/r o m a ^ a t®> specified in the order and direct that Gaon alteration os Panchayat, Anchalik Panchayat and Zilla Parishad concer- iimits of n p d • Panchayat u 9 area. (1) be re-constituted for the Panchayat area of which the Gaon Panchayat or of which Anchalik Panchayat or the district of which the Zilla Parishad has been dissolved ;or (ii) be established for a Panchayat area, block or dis trict which has been newly re-constituted- (2) The member of the Gaon Panchayat, Anchalik Pan el? ayat or Zilla Parishad which has been dissolved under sub-section (1) shall vacate their office from the date speci fied in the order of the Government, 678 THE ASSAM GAZETTE, EXTRAORDINARY,, MAY 6, 1994 3) The Gaon Panchayat, Anchalik Panchayat or Zilla Parishad re-constituted or re-established under the provisions of sub-section (1) shall consist of members nominated by the Government and such member shall be persons who are me mbers of the Gaon Panchayat, Anchalik Panchayat er Zilla Parishad which has been dissolved under sub-section (1). (4) The Chairperson of Gaon Panchayat, Anchalik Pan chayat or Zilla Parishad shall be elected in the manner pro vided in this Act. (5) The term of the Gaon Panchayat, Anchalik Panchayat gt Zilla Parishad so constituted or established shall be for such period not exceeding six months as the Government may by order specify. 6) Before the expiry of the term of the Gaon Pancha yat, Anchalik Panchayat or Zilla Parishad in accordance with the provisions of sub-section (5) a Gaon Panchayat, Anchalik Panchayat or Zilla Parishad shall be constituted in the manner provided by this Act: Provided that where the reminder of the period for which the Gacn Panchayat, Anchalik Panchayat or Zilla Parishad would have continued is less than six months, it shall not be necessary to h Id an election under this section for constituting a Goan Panchayat. Anchalik Panchayat or Zilla Parishad for such period. (7) A Gaon Panchayat, Anchalik Panchayat Zilla Pari sh ad constituted under sub-section (6) shall continue only for the reminder of the period P r wl i h the dissolved Gaon Panchayot, A chalik Panchayats or Zilla Parishad would have continued had it not been dissolved- (8) When a Gaon Panchayat, Anchalik Panchayat or Zilla Padsoad has been dissolved and reconstituted or re-esta blished under this section sc much of the Gaon Panchayat, Anchalik Panchayat or Zilla Parishad fund and other pro perty vested in the Gaon Panchayat, Ahchalik Panchayat or Zilla Parishad which has been dissolved shall vest in and such portion of the debts and obligations shall be transferred to the Gaon Panchayat, Anchalik Panchayat or Zilla Parishad re-constituted or re-established under this section as the Government may by order in writing direct. THE ASSAM GAZETTE, EXTRAORDINARY, MAY 1994 6/9 (9) The rights and liabilities of the Gaon Panchayat, Anchalik Panchayat or Zilla Parishad which has been dissol ved in resr ect of Civil or Criminal proceedings, contracts agreements and other matters or things arising in and relating to any part of the area subject to the authority cf the Gaon Panchayat, Anchalik Panchayat or Zilla Pari- shad re constituted or re-established shall vest in such Gaon Panchayat, Anchalik Panchayat or Zilla Parishad. f (10) Any appointment, notification, notice, tax, order, scheme, licence, permission, rule, regulations or form made, issued, imposed or granted by the Gaon Panchayat, Anchalik Panchayat or Zilla Parisbad which has been disosclved in respect of any part of the area subject to the authority of the Gaon Panchayat, Anchalik Panchayat or Zilla Parish ad which Las been reconstituted or re-established shall be deemed to have been made, issued, imposed or granted by such Gaon Panchayit, Archalik Panchayat or Zilla Parishad unless and until it is suspended by any appointment, notification, notice, order, scheme, licence, permission, rule, regulations or form made, issued imposed or granted by such Gaon Panchayat. Anchalik Panchayat or Zilla Parishad. (11) If any difficulty arises in giving effect to the provisions of the preceding sub-scction, the Gcvernment ? tnay by order published in the official Gazette, as the occasion may require, do anything which appears to it necessary to remove the difficulty. * inquiry into 1 2 b 0) T h e Government may, at any time for the affairs ot reason to be recorded, cause an enquiry to be made §y',ch t^ ’against any of it> Officers in regard to any Gaon Pan- Govem m entchay. t, Anchalik Panchayat or Zilla Parishad on matters concerning it, or any matters with respect to which the sanction, approval, consent or orders of the Government is required under this Act- (2) The Officer holding such inquiry shall have the powers of the Civil Courts under the Gode of Civil Pro cedure, K08 to take evidence and to compel attendance of witnesses and production of documents for the pur pose of inquiry. 680 THE ASSAM GAZETTE, EXTRAORDINARY, M AY 6, 1994 Direction