Bare ActsThe Assam Panchayat (Amendment) Act, 1997

Section 5

In the principal Act, in section 13, io sub- m section i3

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

In the principal Act, in section 13, io sub- m section i3.g ectjo n (2), after clause (c), the following clause shall be inserted, namely : — 872 THE ASSAM GAZETTE, EXTRAORDINARY, AP RIL 30, 1997 “(d) exercise all the powers, perform all the functions and discharge all the duties of the Pre­ sident as provided under sub-section (1) of section 13, if the President be removed, and or dies or resigns, till the office of the President is filled up in the manner as provided under sub-section (1) (b) of Section 6.” Amendment 6, (j) in the principal Act, in section 15, for or section 15 .^ e x jstjn g sub-section (1), the following shall be substitued, namely :— “(1) Every President or Vice-President shall be deemed to have vacated his office forthwith when resolution expressing want of confidence in him is passed by a majority of two third of the total number of members of the Gaon Panchayat. Such a meeting shall be specially convened by the Secretary of the Gaon Panchayat with approval of the President of the Gaon Panchayat- Such meeting shall be Presided over by the President if the motion is against the Vice-President, and by the Vice-President, if the motion is against the President. In case such a meeting is not convened within a period of fifteen days from the date of receipt of notice, the Secretary of the Gaon Pan­ chayat shall within three days, refer the matter to the President of the concerned Anchalik Panchayat, who shall convene the meeting within seven days from the date of receipt of the information from the Secretary of the Gaon Panchayat and preside over such meeting. In case the President of the Anchalik Panchayat does not take action as above, within the specified seven days time, the concerned Gaon Panchayat Secretary shall inform the matter to the Deputy Commissioner/Sub-Divisional Officer (Civil) as the case may be, within three days after the expiry of the stipulated seven days time and the concerned Deputy Commissioner/Sub-Divisional Officer (C) shall convene the meeting within seven days from the Date of the receipt of the information with intimation to the Zilla Parishad and the Anchalik Panchayat and preside over the meeting so con­ vened : THE ASSAM GAZETTE. EXTRAORDINARY. APRIL 30, 1997 873 Provided that the concerned Deputy Commi- ssioner/Sub-Divisional Officer (C) as the case may be, in case of his inability to preside over the meeting, may depute one Gazetted Officer under him not below the rank of Class-I Gazetted Officer to preside over such meeting : Provided further that when a no-confidence motion is lost, no such motion shall be allowed in the next six months.” (ii) in sub-section (2), in the fourth and fifth line, for the words “Anchalik Panchayat”, the words “Gaon Panchayat” shall be substituted. (iii) in sub-section (4), in the third line, the word '‘the” after the word “after”, shall be deleted and in the same line, after the word “giving”, thew'ord “the” shall be inserted. (iv) after sub-section (4), the following new sub-section (5) shall be inserted, namely “(5) If. under sub-section (1), the members of the Gaon Panchayat express want of confidence both in the President and Vice-President of the Gaon Panchayat at the same time and issue notices, the Secretary of the Gaon Panchayat within seven days from the date of receipt of such notices, shall report the matter to the President of the concerned Anchalik Panchayat who shall arrange to convene the meetings within fifteen days from the date of receipt of the intimation, separately, to consider the motion against the President first and to consider the motion against the Vice-President next day and shall preside over both the meetings. The President of the concerned Anchalik Panchayat presiding the meetings shall have no vote. In case the President of the concerned Ancha­ lik Panchayat does not take action as. above, the Secretary of the Gaon Panchayat, within three days after the expiry of the stipulated fifteen days time, shall refer the matter to the concerned Deputy 874 THE ASSAM GAZETTE. EXTRAORDINARY. APRIL 30, 1997 Commissioner cr the Sub-Divisional Officers (C), as the case may be. O receipt of the information, the Deputy Commissioner or the Sub-Divisional Officer 8S the case may be, shall convene both the meetingsin the manner as above, within fifteen days from the date of receipt of the information with intimation to the concerned Anchahk Pan- chayat and Zilla Parishad and preside over such meetings’’: Provided that the concerned Deputy Commi­ ssioner or the Sub-Divisional Officer as the case may be, in case of his inability to preside over the meeting, may depute a Gazetted Officer not below the rank of Class-I Gazetted Officer to preside over such meeting: Provided further that if it is not possible to hold the meeting for a situation due to non- attendance of the requisite number of members in such meeting or meetings as the case may be, the no confidence motion shall automatically stands cancelled and motion shall be deemed to have lost, in the event of which no such motion shall be a'lewed within the next six months.” Amendment

Section 5 – The Assam Panchayat (Amendment) Act, 1997 | DailyLaw.ai