Bare ActsThe Assam Panchayat (Amendment) Act, 1966

Section 36

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

In Section 76A of the principal Act, for sub- ?R4 Seed on s e ctjo n she following shall be substituted, namely :— ss m°A c *"t 'W Subject to sub-section (2), all hats within the X X I v of jurisdiction of a Mohkuma Parishad shall be settled i959. in the prescribed manner for a period of one year byjinviting tenders or by public auction to be held in the office of the Mohkuma Parishad or the Anchalik Panchayat within whose jurisdiction the particular hat or hats are situate by a Committee constituted by the Mohkuma Parishad in the manner prescribed : Provided that in case of failure to settle at.y hat for want of adequate bid even ah er a second sale, the Gaon or the Anchalik Panchayat concerned, as may be decided by the Mohkuma Parishad, may be entrus­ ted with the direct m anagem ent of the h at: 16 Provided further that! balance of proceeds after - i meeting cost of direct management shall be distributed according to the piovisions of sub-section (4) by the Mohkuma Parishad.” (2) For sub-section (4), the following shall be substi­ tuted, na mely:— “ (4) All sale proceeds of hats shall be deposited in the Mohkuma Parishad fund and distributed in the manner hereinafter provided after deducting the amount due, if any, as annual instalment for rep ay­ ment of the loan with interest incurred by Gaon or Anchalik Panchayat or Mohkuma Parishad for improvement of hat: (i) one fifth of the balance of the sale pro­ ceeds after providing as aforesaid for repay­ ment of loan, if any, shall be kept for meeting all costs to be incurred by Moh­ kuma Parishad for the purposes of this Act including maintenance cost of hats which shall not be less than half of the said balance of one fifth so kept.; (ii) if the four fifths of the balance of sale proceeds of any ha t after providing for repaym ent of loan, if any, as aforesaid, does not exceed rupees three thousand, then the entire amount shall be made over to the Gaon Panchayat within whose jurisdiction the hat is situate ; (iii) if four fifths of the balance of the sale proceeds of any hat after providing (or repaym ent of loan, if any, as aforesaid exceeds rupees three thousand but does not exceed rupees ten thousand then a sum of rupees three thousand shall go to the Gaon Panchayat within whose juris­ diction the hat is situate and the balance to the Anchalik Panchayat within whose jurisdiction the hat is situate ; (iv) if four fifths of the balance of the sale proceeds of any hat after providing as aforesaid for repaym ent of any loan, if any, exceeds rupees ten thousand, then a sum of rupees three thousand shall go to the Gaon Panchayat within whose jurisdiction the hat is situate and a sum of rupees seven thousand shall go to th e Anchalik Panchayat within whose jurisdiction the hat is situate and the balance if any shall go to a common pool; i 17 (v) one-third of the common pool shall be distri­ buted among all the Anchalik Panchayats and th e remaining two-thirds among all the Gaon Panchayats within the area of the Mohkuma Parishad. The basis of distri­ bution shall be area cam-population in both cases.” (3) In sub-section (5), at the end of the existing proviso, for the punctuation full stop “ (.)” the punctua­ tion colon “ (:) ” shall be substituted and thereafter the following shall be inserted, namely:— “ Provided further th at if Gaon or Anchalik Pan- chayat concerned makes default in maintaining a hat in spite of providing maintenance cost, the Mohkuma » Parishad after giving a n opportunity to show cause to the contrary specifying the reason for so doing, may take over the management of such hat.” , Insertion of

Section 36 – The Assam Panchayat (Amendment) Act, 1966 | DailyLaw.ai