Assam Panchayat Act, 1994
No: 18 Dated: May, 06 1994
THE ASSAM PANCHAYAT ACT, 1994
ASSAM ACT NO XVIII OF 1994
An Act to amend and consolidate laws relating to Panchayats in Assam.
Whereas it is expedient to amend and consolidate laws relating to Panchayats in Assam.
It is hereby enacted in the Forty-fifth year of Republic of India as Follows -
1. Short title Extend and commencement. - (i) This Act may be called the Assam Panchayat Act, 1994.
(ii) It shall extend to the whole of Assam in the rural areas except the Autonomous Districts under the Sixth Schedule of the Constitution of India and shall exclude any area which has been or hereinafter may be included in a Municipality or a Town Committee or a Cantonment constituted under the Assam Municipal Act, 1956 and the Cantonment Act, 1924 respectively or by any other Act.
(iii) It shall come into force at once.
2. Definition. - In this Act, unless there is any thing repugnant in the subject or context :
(1) "Gaon Sabha" means a body consisting of persons registered in the electoral rolls relating to a village comprised within the area of "Gaon Panchayat".
(2) "Gaon Panchayat" means a Gaon Panchayat established under this Act;
(3) "Anchalik Panchayat" means an Anchalik Panchayat established under this Act;
(4) "Zilla Parishad" means a Zilla Parishad established under this Act;
(5) "Local Authority" includes Gaon Sabha, Gaon Panchayat Anchalik Panchayat, Zilla Parishad, Municipal Corporation, Municipal Boards and Town Committees;
(6) "Notification" means a notification published in the official Gazette;
(7) "Panchayati Raj Bodies" means the Gaon Panchayat, Anchalik Panchayat and Zilla Parishad;
(8) "Adult" means a person male or female having completed his or her eighteen years of age;
(9) "Village" means any local area, recorded as a village in the revenue record of the District in which it is situated and includes any areas which the State Government may, by general or special order, declare to be a village for the purpose of this Act;
(10) "Co-operative Society" means a society registered or deemed to be registered under the Assam Co-operative Societies Act, 1949, or under any Central Act regulating the registration of Cooperative Societies;
(11) "Member" means a member of a Gaon Panchyat of a Anchalik Panchayat or of a Zilla Parishad;
(12) "Ex-officio Member" means a member who is appointed to be a member by virtue of his office, and for the purpose of Gaon Panchayat or Anchalik Panchayat or Zilla Parishad and may include local Members of Parliament, local Members of Legislative Assembly, State Government Officials, Representative of local Co-operative Societies and representative of local scheduled or nonscheduled banks;
(13) "Co-operated Member" means a person co-opted to be a member of a Gaon Panchayat or Anchalik Panchayat or Zilla parishad;
(14) "Scheduled Caste" means such caste, race or tribe or part of or group within such caste race or tribe as is deemed to be Scheduled Caste in relation to the State of Assam under Article 341 of the Constitution of India.
(15) "Scheduled Tribe" means such tribe or tribal community as is deemed to be Scheduled Tribe in relation to be State of Assam under Article 342 of the Constitution of India;
(16) "Public-Servant" means a public servant as defined in Section 21 of the Indian Penal Code, 1860;
(17) "Public Property" means any property belonging to Government or any local authority;
(18) "District" means a district in a State;
(19) "Bazar, Haat or Market" means any place within the administrative control of the local authority where persons assemble daily or bi-weekly or periodically for sale or purchase of article for human or animal consumptions or of livestock's or of other merchandise;
(20) "Carriage" means any wheeled vehicle with springs or other appliances acting as spring or a kind ordinarily used for conveyance of human beings and includes bicycles, tricycles, rickshaws, of all kinds and country boat whether operated with or without engine but does not include motor-vehicle and perambulators;
(21) "Cart" means any cart, backney or wheeled vehicle with or without springs which is not a carriage as defined in sub-section 20;
(22) "Cattle" include such quadrupeds as are included in the cattle Trespass Act, 1981;
(23) The expression "Complaint" and "Offence" shall have the same meaning as in Section 2 of the Code of Criminal Procedure, 1973;
(24) "Bye-Law" means bye-law made and approved under the provision of this Act;
(25) The Expression "Decree Holder" "Judgment" "Debtor" Legal representative" and "Moveable Property" shall have the same meaning as in action 2 of the Code of Civil Procedure, 1988;
(26) (i) "Financial year" means the year commencing on the first `day of April every year and ending on the thirty-first day of March next year.
(ii) "Panchayat Year" means the year commencing on the first day of July or on such other date as the State Government may by notification appoint.
(27) "House-hold" means a house or houses used by a family for dwelling purpose (house includes building);
(28) "Prescribed" means prescribed by the State Government by rules made under this Act;
(29) "Proceedings" means any proceeding specified under this Act, other than `case', `action' or `suit';
(30) "Water Course" includes river, stream, channel, tank, well and aqueduct;
(31) "Surcharge' means an additional charge or payment;
(32) "Development Departments" under the provision of this Act shall include such departments as may be notified by the State Government from time to time;
(33) "State Government" means the Government in the Panchayat and Rural Development Department, Assam;
(34) "President" means a non-official who is elected as the President of Gaon Panchayat or Anchalik Panchayat or Zilla Parishad;
(35) "Vice-President" means a non-official who is elected as the Vice-President of Gaon Panchayat or Anchalik Panchayat or Zilla Parishad;
(36) "Hair-person" means the elected Non-official head, either male or female as the case may be, of Gaon Panchayat or Anchalik Panchayat or a Zilla Parishad or a District Planning Committee;
(37) "Block Development Officer" means an officer who is notified as such for a development block;
(38) "Chief Executive Officer" means the executive head of the office of Zilla Parishad;
(39) "Executive Officer" means the Block Development Officer, who shall function as Executive Officer of an Anchalik Panchayat, the boundary of which is co-terminus with that of the Development Blocks;
(40) "Secretary" means the Secretary of a Gaon Panchayat;
(41) "Deputy Commissioner" means the Deputy Commissioner of a district so notified by the Government. The term Deputy Commissioner shall mean and include an Additional Deputy Commissioner and a Sub-Divisional Officer of an outlying Sub-Division.
[(42) "Moral Turpitude" means and act that gravely violet the moral sentiment or accepted moral standard of community or fellowment;
(43) "Uncertified bankrupt" means bankrupts who are not" granted Certificate of discharge from their existing debt;
(44) "Undischarged insolvent" means insolvent who are not discharged from future liability for debt then existing]