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THE ASSAM PANCHAYAT (AMENDMENT) ACT, 1962
The Assam Panchayat (Amendment) Act, 1962
Sections
An ACT
Section 1Preamble
Section 2Section 1(1)
Section 1Section 1(2)
Section 1Section 1(3)
Section 1Section 2
Section 2Section 3(1)
Section 3Section 3(2)
Section 3Proviso to Section 3(2)
Section 3Section 4
Section 4Section 5(1)
Section 5Section 5(2)
Section 5Proviso to Section 5(2)
Section 5Section 5(3)
Section 5Section 6
Section 6Explanation to Section 6
Section 6Section 7
Section 7Section 8(1)(1)
Section 8Proviso to Section 8(1)(1)
Section 8Section 8(1)(2)
Section 8Section 8(2)
Section 8Section 9
Section 9Section 10
Section 10Proviso to Section 10
Section 10Section 11
Section 11Section 12
Section 12Section 13
Section 13Explanation to Section 13
Section 13Section 14
Section 14Section 15
Section 15Section 16
Section 16Section 17
Section 17Section 18
Section 18Section 19
Section 19Section 20
Section 20Section 21
Section 21Section 22
Section 22Section 23
Section 23Section 24
Section 24
assam-panchayat-amendment-act-1962.json
•
39 Sections
•
Assam
{
"id": 217,
"slug": "assam-panchayat-amendment-act-1962",
"title": "THE ASSAM PANCHAYAT (AMENDMENT) ACT, 1962",
"short_title": "The Assam Panchayat (Amendment) Act, 1962",
"act_number": "XXIX",
"act_year": 1962,
"act_type": "STATE",
"location": "Assam",
"law_status": "unknown",
"enactment_date": null,
"description": "The Assam Panchayat (Amendment) Act, 1962",
"preamble": "",
"section_label": "Section",
"sections": [
{
"number": "1",
"title": "An ACT",
"chapter": null,
"content": "to amend further the Assam Panchayat Act, 1959",
"footnote": "",
"is_definition": false,
"sort_order": 0
},
{
"number": "2",
"title": "Preamble",
"chapter": null,
"content": "WHEREAS it is expedient to amend further the Assam Panchayat Act, 1959 hereinafter called the principal Act, in the manner hereinafter appearing;\nIt is hereby enacted in the Thirteenth Year of the Republic of India as follows:-",
"footnote": "Assam Act XXIV of 1959",
"is_definition": false,
"sort_order": 10
},
{
"number": "1",
"title": "Section 1(1)",
"chapter": null,
"content": "1. (1) This Act may be called the Assam Panchayat (Amendment) Act, 1962.",
"footnote": "",
"is_definition": false,
"sort_order": 20
},
{
"number": "1",
"title": "Section 1(2)",
"chapter": null,
"content": "(2) It shall have the like extent as the principal Act.",
"footnote": "",
"is_definition": false,
"sort_order": 30
},
{
"number": "1",
"title": "Section 1(3)",
"chapter": null,
"content": "(3) It shall come into force at once.",
"footnote": "",
"is_definition": false,
"sort_order": 40
},
{
"number": "2",
"title": "Section 2",
"chapter": null,
"content": "2. In section 2 of the principal Act, clauses (20) and (21) shall be deleted and the existing subsequent clauses (22) to (35) shall be renumbered as clauses (20) to (33) respectively.",
"footnote": "Assam Act XXIV of 1959",
"is_definition": false,
"sort_order": 50
},
{
"number": "3",
"title": "Section 3(1)",
"chapter": null,
"content": "3. In section 8 of the principal Act.-\n(1) the full-stop at the end of sub-section (2) shall be deleted and the words and punctuation (:) \"and shall publish the same in the manner prescribed:\" shall be added;",
"footnote": "Assam Act XXIV of 1959",
"is_definition": false,
"sort_order": 60
},
{
"number": "3",
"title": "Section 3(2)",
"chapter": null,
"content": "(2) after sub-section (2) as so amended, the following proviso shall be added, namely:-",
"footnote": "",
"is_definition": false,
"sort_order": 70
},
{
"number": "3",
"title": "Proviso to Section 3(2)",
"chapter": null,
"content": "\"Provided that the Deputy Commissioner or the Subdivisional Officer, as the case may be, may include the name of any person whose name is not included in the list of voters if such person makes an application within ten days of the publication of the list and satisfies the Deputy Commissioner or the Subdivisional Officer, as the case may be, that his name appears in the upto date electoral roll of the Assam Legislative Assembly, prepared and in force after the day notified under sub-section (1).\"",
"footnote": "",
"is_definition": false,
"sort_order": 80
},
{
"number": "4",
"title": "Section 4",
"chapter": null,
"content": "4. After sub-section (2) of section 9 of the principal Act, the following shall be inserted as sub-section (2) and the existing sub-sections (2), (3), (4) and (5) shall be renumbered as sub-sections (3), (4), (5) and (6) respectively, namely:-\n\"(2) Every meeting shall be presided over by the President of the Gaon Panchayat and in his absence by the Vice-President of the Gaon Panchayat and in the absence of both, members present shall choose one from amongst themselves to preside.\"",
"footnote": "Assam Act XXIV of 1959",
"is_definition": false,
"sort_order": 90
},
{
"number": "5",
"title": "Section 5(1)",
"chapter": null,
"content": "5. In section 11 of the principal Act-\n(1) for sub-section (1), the following shall be substituted, namely:-\n\"(1) Every Gaon Sabha shall have an Executive Committee including a President and a Vice-President called the Gaon Panchayat to be elected in the manner prescribed.\"",
"footnote": "Assam Act XXIV of 1959",
"is_definition": false,
"sort_order": 100
},
{
"number": "5",
"title": "Section 5(2)",
"chapter": null,
"content": "(2) For the second proviso under sub-section (2), the following shall be substituted, namely:-",
"footnote": "",
"is_definition": false,
"sort_order": 110
},
{
"number": "5",
"title": "Proviso to Section 5(2)",
"chapter": null,
"content": "\"Provided further that the Gaon Panchayat shall co-opt from amongst the members of the Gaon Sabha, two women members if no woman is elected, and one woman member if only one is elected.\"",
"footnote": "",
"is_definition": false,
"sort_order": 120
},
{
"number": "5",
"title": "Section 5(3)",
"chapter": null,
"content": "(3) After sub-section (3) the following shall be inserted as sub-section (4) and the existing sub-sections (4) and (5) shall be renumbered as sub-sections (5) and (6) respectively, namely:-\n\"(4) The State Government may, by notification for reasons to be stated therein, extend the term of office referred to in sub-section (3) by such period not exceeding one year as may be specified in the notification.\"",
"footnote": "",
"is_definition": false,
"sort_order": 130
},
{
"number": "6",
"title": "Section 6",
"chapter": null,
"content": "6. In section 14 of the principal Act, after clause (i) of sub-section (5), the following Explanation shall be inserted, namely:-",
"footnote": "Assam Act XXIV of 1959",
"is_definition": false,
"sort_order": 140
},
{
"number": "6",
"title": "Explanation to Section 6",
"chapter": null,
"content": "\"Explanation.-For the purpose of quorum, ex-officio members shall not be counted.\"",
"footnote": "",
"is_definition": false,
"sort_order": 150
},
{
"number": "7",
"title": "Section 7",
"chapter": null,
"content": "7. In section 16 of the principal Act, in sub-section (2), for the words \"Gaon Panchayat\" occurring in the first line between the words 'The' and 'may', the words 'State Government' shall be substituted.",
"footnote": "Assam Act XXIV of 1959",
"is_definition": false,
"sort_order": 160
},
{
"number": "8",
"title": "Section 8(1)(1)",
"chapter": null,
"content": "8. In section 17 of the principal Act, in sub-section (1) -\n(1) for the second proviso to clause (i) the following shall be substituted, namely:-",
"footnote": "Assam Act XXIV of 1959",
"is_definition": false,
"sort_order": 170
},
{
"number": "8",
"title": "Proviso to Section 8(1)(1)",
"chapter": null,
"content": "\"Provided further that if the President or the Vice-President of a Gaon Panchayat is elected to the Anchalik Panchayat, he shall, within fifteen days from the date of declaration of result thereof, exercise his option of remaining either as the President or the Vice-President, as the case may be, of the Gaon Panchayat or alternatively as the member of the Anchalik Panchayat. If he does not exercise his option within the time limit, he shall immediately on expiry of such time limit cease to be the President or the Vice-President, as the case may be, of the Gaon Panchayat. His place in the Gaon Panchayat or the Anchalik Panchayat, as the case may be, shall be filled in the manner these offices are filled.\"",
"footnote": "",
"is_definition": false,
"sort_order": 180
},
{
"number": "8",
"title": "Section 8(1)(2)",
"chapter": null,
"content": "(2) for clause (ii), the following shall be substituted, namely:-\n\"(ii) One representative to be elected, in the manner prescribed, by the Chairmen of the Co-operative societies from amongst themselves, falling within the area of the Anchalik Panchayat:\nProvided that notwithstanding anything herein contained, no member elected before the coming into force of the Assam Panchayat (Amendment) Act, 1962, shall be disqualified even if such a member was not a Chairman of any Co-operative Society at the time of his election.\"",
"footnote": "",
"is_definition": false,
"sort_order": 190
},
{
"number": "8",
"title": "Section 8(2)",
"chapter": null,
"content": "(2) In sub-section (2), for clause (ii) the following shall be substituted, namely:-\n\"(ii) The Anchalik Panchayat shall, from within the area of its jurisdiction, co-opt two women members if no woman is elected, and one woman member if only one is elected.\"",
"footnote": "",
"is_definition": false,
"sort_order": 200
},
{
"number": "9",
"title": "Section 9",
"chapter": null,
"content": "9. In section 19 of the principal Act,-\n(1) the existing section shall be renumbered as sub-section (1) thereof;\n(2) after sub-section (1) as so renumbered, the following shall be inserted as sub-section (2), namely :--\n\"(2) The State Government may, by notification, for reasons to be stated therein, extend the term of office referred to in sub-section (1), by such period not exceeding one year as may be specified in the notification.\"",
"footnote": "Assam Act XXIV of 1959",
"is_definition": false,
"sort_order": 210
},
{
"number": "10",
"title": "Section 10",
"chapter": null,
"content": "10. In section 22 of the principal Act, for the second proviso in sub-section (1), the following shall be substituted, namely:-",
"footnote": "Assam Act XXIV of 1959",
"is_definition": false,
"sort_order": 220
},
{
"number": "10",
"title": "Proviso to Section 10",
"chapter": null,
"content": "\"Provided further that the Mohkuma Parishad shall from within the area of its jurisdiction, co-opt two women members if no woman is elected, and one woman member if only one is elected.\"",
"footnote": "",
"is_definition": false,
"sort_order": 230
},
{
"number": "11",
"title": "Section 11",
"chapter": null,
"content": "11. In section 24 of the principal Act, after sub-section (3), the following shall be inserted as sub-section (4), namely:-\n\"(4) The State Government may, by notification, for reasons to be stated therein, extend the term of office referred to in sub-section (1), by such period not exceeding one year as may be specified in the notification\".",
"footnote": "Assam Act XXIV of 1959",
"is_definition": false,
"sort_order": 240
},
{
"number": "12",
"title": "Section 12",
"chapter": null,
"content": "12. For section 27 of the principal Act, the following shall be substituted, namely:-\n\"Removal of President or Vice-President or member of a Gaon or Anchalik Panchayat or Mohkuma Parishad.\n27. (1) (a) A President or Vice-President or member of a Gaon or Anchalik Panchayat or Mohkuma Parishad shall immediately cease to hold office:-\n(i) if he suffers from any of the disqualifications mentioned in sub-section (1) (a) to (f) of section 16;\n(ii) if he absents himself, without assigning any cause, from three consecutive meetings of the Gaon or Anchalik Panchayat or the Mohkuma Parishad, as the case may be.\n(b) A President or Vice-President of an Anchalik Panchayat or Mohkuma Parishad shall immediately cease to hold office, if by three-fifths majority of votes a motion of no-confidence is passed by members in a meeting of the Anchalik Panchayat or the Mohkuma Parishad as the case may be, where at least a minimum of two-thirds of total number of members is present:\nProvided that at least seven days' notice in writing shall be given to the President and the Vice-President of the Anchalik Panchayat or the Mohkuma Parishad, as the case may be, before such a motion can be discussed.\n(c) A President or Vice-President of a Gaon or Anchalik Panchayat or Mohkuma Parishad, as the case may be, shall immediately cease to hold office, if he ceases to be a member of the Gaon Sabha or Anchalik Panchayat or the Mohkuma Parishad, as the case may be.\n(2) A President or Vice-President of a Gaon or Anchalik Panchayat or Mohkuma Parishad may be disqualified from holding office by the State Government,-\n(i) if he refuses to act or becomes incapable of acting; or\n(ii) if he is guilty of misconduct or wilful neglect in the discharge of his duties; or\n(iii) if his continuance in office is dangerous to the public peace or is likely to bring the administration of a Gaon or Anchalik Panchayat or Mohkuma Parishad into contempt.\n(3) A President or Vice-President or member of the Gaon or Anchalik Panchayat or Mohkuma Parishad who immediately ceases to hold office according to the provisions of sub-section (1) or is disqualified by the State Government according to the provisions of sub-section (2) shall be removed in the manner prescribed:\nProvided that no such person as aforesaid shall be removed until he has been given a reasonable opportunity of showing cause against the action proposed to be taken against him.\n(4) No person who has been removed from office under the provisions of this section shall be eligible for re-election to the vacancy so created.\"",
"footnote": "Assam Act XXIV of 1959",
"is_definition": false,
"sort_order": 250
},
{
"number": "13",
"title": "Section 13",
"chapter": null,
"content": "13. In section 29 of the principal Act, the following shall be inserted as an Explanation to clause (i) of sub-section (5), namely:-",
"footnote": "Assam Act XXIV of 1959",
"is_definition": false,
"sort_order": 260
},
{
"number": "13",
"title": "Explanation to Section 13",
"chapter": null,
"content": "\"Explanation For the purpose of quorum ex-officio members shall not be counted.\"",
"footnote": "",
"is_definition": false,
"sort_order": 270
},
{
"number": "14",
"title": "Section 14",
"chapter": null,
"content": "14. In Part II of section 36 of the principal Act-\n(1) for item (8), the following shall be substituted, namely:-\n\"(8) control, maintenance and regulation of bus-stand, carriage-stand, cart-stand and fairs;\"\n(2) for the full-stop(.) at the end of item (18), a semicolon (;) shall be substituted and after the said item the following shall be inserted as item (19), namely:-\n\"(19) maintenance and regulation of hats according to the provisions of section 76A.\"",
"footnote": "Assam Act XXIV of 1959",
"is_definition": false,
"sort_order": 280
},
{
"number": "15",
"title": "Section 15",
"chapter": null,
"content": "15. In Part II of section 37 of the principal Act, for item (6), the following shall be substituted, namely:-\n\"(6) maintenance and regulation of hats according to the provisions of section 76A; and;\"",
"footnote": "Assam Act XXIV of 1959",
"is_definition": false,
"sort_order": 290
},
{
"number": "16",
"title": "Section 16",
"chapter": null,
"content": "16. In sub-section (2) of section 66 of the principal Act, for the full-stop(.) at the end of clause (iii), a semicolon (;) shall be substituted and the following shall be inserted as clause (iv), namely:-\n\"(iv) sums received on account of sale proceeds of hats.\"",
"footnote": "Assam Act XXIV of 1959",
"is_definition": false,
"sort_order": 300
},
{
"number": "17",
"title": "Section 17",
"chapter": null,
"content": "17. In sub-section (1) of section 67 of the principal Act, for the full-stop(.) at the end of clause (ii), a semicolon (;) shall be substituted and the following shall be inserted as clause (iii), namely:-\n\"(iii) allotment of sale proceeds of hats to each Gaon or Anchalik Panchayat according to the provisions of section 76A.\"",
"footnote": "Assam Act XXIV of 1959",
"is_definition": false,
"sort_order": 310
},
{
"number": "18",
"title": "Section 18",
"chapter": null,
"content": "18. In section 69 of the principal Act--\n(1) for clause (iv), the following shall be substituted, namely:-\n\"(iv) contribution from Government including a share of the land revenue which shall not be less than fifteen per cent of the net receipt and the entire net receipt of local rate, collected from the area of the Gaon Panchayat after providing for agent's commission:\nProvided that the State Government may direct the Gaon Panchayat to spend a specified share of the net receipt of local rate for any purpose specified by the State Government.\"\n(2) in clause (ix), for the words \"minor hats\", occurring between the words \"of\" and \"and\", the words \"hats according to the provisions of section 76A\" shall be substituted;\n(3) for clause (x), the following shall be substituted, namely:-\n\"(x) contribution from private individuals, local authorities.\"",
"footnote": "Assam Act XXIV of 1959",
"is_definition": false,
"sort_order": 320
},
{
"number": "19",
"title": "Section 19",
"chapter": null,
"content": "19. In clause (ii) of section 70 of the principal Act-\n(1) for the words \"major hats or bazars\" occurring between the words \"of\" and \"buildings\", the words \"hats according to the provisions of section 76A\" shall be substituted;\n(2) the proviso at the end shall be deleted.",
"footnote": "Assam Act XXIV of 1959",
"is_definition": false,
"sort_order": 330
},
{
"number": "20",
"title": "Section 20",
"chapter": null,
"content": "20. In clause (ii) of sub-section (1) of section 75 of the principal Act, at the end of item (c) the word \"and\" shall be added and item (d) shall be deleted.",
"footnote": "Assam Act XXIV of 1959",
"is_definition": false,
"sort_order": 340
},
{
"number": "21",
"title": "Section 21",
"chapter": null,
"content": "21. In sub-section (1) of section 76 of the principal Act, clause (c) shall be deleted and the existing clause (d) shall be renumbered as clause (c).",
"footnote": "Assam Act XXIV of 1959",
"is_definition": false,
"sort_order": 350
},
{
"number": "22",
"title": "Section 22",
"chapter": null,
"content": "22. After section 76 of the principal Act, the following shall be inserted as section 76A, namely:-\n\"Settlement of hats, distribution of proceeds and maintenance and regulation thereof.\n76A. (1) Subject to sub-section (2), all hats within the Panchayat areas shall be settled in the prescribed manner for a period of one year by public auction to be held at the headquarters of the Anchalik Panchayat within whose jurisdiction the particular hat or hats are situated by the Committee constituted by the Mohkuma Parishad in the manner prescribed.\n(2) All settlement made under sub-section (1) shall be subject to confirmation by the Mohkuma Parishad in a meeting convened for the purpose within such period as may be prescribed in this behalf. In case the Mohkuma Parishad in such meeting refuses to confirm, the reasons for such refusal shall be duly recorded in the proceedings of the meeting and the Mohkuma Parishad shall pass such orders thereon as it may deem fit.\n(3) After the settlement is confirmed the lease in the prescribed form shall be issued by the Mohkuma Parishad to the person in whose favour the settlement is confirmed.\n(4) All sale proceeds of hats shall be deposited in the Subdivisional Rural Development Fund and distributed in the manner hereinafter provided:\n(i) if the sale proceed of any hat 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;\n(ii) if the sale proceed of any hat 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 jurisdiction the hat is situated and the balance to the Anchalik Panchayat in whose jurisdiction the hat is situate;\n(iii) if the sale proceed of any hat exceeds 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 the Anchalik Panchayat within whose jurisdiction the hat is situate and the balance shall go to a common pool;\n(iv) one-third of the common pool shall be distributed among all the Anchalik Panchayats and the remaining two-thirds among all the Gaon Panchayats within the area of the Mohkuma Parishad. The basis of distribution shall be area cum population in both the cases.\n(5) All hats the sale proceeds of which do not exceed rupees five thousand shall be maintained and regulated by the Gaon Panchayat concerned where the hat is situate, and all hats the sale proceeds of which exceed rupees five thousand shall be maintained and regulated by the Anchalik Panchayat concerned where the hat is situate.\"",
"footnote": "Assam Act XXIV of 1959",
"is_definition": false,
"sort_order": 360
},
{
"number": "23",
"title": "Section 23",
"chapter": null,
"content": "23. In section 139 of the principal Act, the existing section shall be renumbered as sub-section (1) thereof and the following shall be inserted as sub-section (2), namely:-\n\"(2) After passing an order under sub-section (1) the Deputy Commissioner or the Subdivisional Officer, as the case may be, shall forthwith submit a copy of the order assigning reasons for making it along with any explanation submitted by the Gaon or Anchalik Panchayat or Mohkuma Parishad concerned to the State Government which may rescind, modify or confirm the order.\"",
"footnote": "Assam Act XXIV of 1959",
"is_definition": false,
"sort_order": 370
},
{
"number": "24",
"title": "Section 24",
"chapter": null,
"content": "24. In section 161 of the principal Act, (1) for clause (h) the following shall be substituted, namely:-\r\n\"(h) other similar matters including contributory provident fund, gratuities or pensions or other benefits.\"",
"footnote": "Assam Act XXIV of 1959",
"is_definition": false,
"sort_order": 380
}
],
"metadata": {
"Act ID": "196229",
"Act Number": "XXIX",
"Enactment Date": "1962-09-28",
"Act Year": "1962",
"Short Title": "The Assam Panchayat (Amendment) Act, 1962",
"Department": "Assam Legislative Assembly",
"Type": "STATE",
"Location": "Assam"
},
"updated_at": "2026-09-29 21:52:17"
}