ASSAM PANCHAYAT (AMENDMENT) ACT, 2018

Preamble - ASSAM PANCHAYAT (AMENDMENT) ACT, 2018

THE ASSAM PANCHAYAT (AMENDMENT) ACT, 2018

[Act No. 03 of 2018]

[17th March, 2018]

PREAMBLE

An Act further to amend the Assam Panchayat Act, 1994.

Whereas it is expedient further to amend the Assam Panchayat Act, 1994 (Assam Act No. XVIII of 1994), hereinafter referred to as the principal Act, in the manner hereinafter appearing;

It is hereby enacted in the Sixty-ninth Year of the Republic of India as follows:-

Section 1 - Short title, extent and commencement

(1)     This Act may be called the Assam Panchayat (Amendment) Act, 2018.

 

(2)     It shall have the like extent as the principal Act.

 

(3)     It shall come into force at once.

Section 2 - Amendment of section 4

In the principal Act, in section 4, in sub-section (6), for the existing clause (i), the following shall be substituted, namely:-

"(i) ??The quorum for a meeting of the Gaon Sabha shall be one-tenth of the total members or five hundred numbers of voters of the Panchayat whichever is less."

Section 3 - Amendment of section 111

In the principal Act, in section 111, the existing provision shall be renumbered as section 111(1) and thereafter the following new sub-section (2) shall be inserted, namely:-

"(2) ?No person shall be elected or co-opted and remain as President, Vice-President or Member of ZillaParishad, Anchalik Panchayat and Gaon Panchayat,-

(a)      who has more than two living children from a single or multiple partners:

Provided that this provision shall not be applicable in respect of those persons, who have more than two children prior to the date of commencement of this Act;

(b)      who has not passed class VI examination from an Educational Institution, for the post of Gaon Panchayat member:

Provided that in case of candidates belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes (OBC) and More Other Backward Classes (MOBC), lacking of minimum educational qualification shall not be a bar for contesting election or to be elected for the post of Gaon Panchayat member;

(c)      who has not passed the H.S.L.C. or equivalent examination under any Council or Board recognised by the State or the Central Government, as the case may be, for the post of Gaon Panchayat President, Anchalik Panchayat member:

Provided that in case of candidates belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes (OBC) and More Other Backward Classes (MOBC), the minimum educational qualification shall be class VIII examination passed from an Educational Institution;

(d)      who has not passed the H.S.S.L.C. or equivalent examination under any Council or Board recognised by the State or the Central Government, as the case may be, for the post of ZillaParishad member:

Provided that in case of candidates belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes (OBC) and More Other Backward Classes (MOBC), the minimum educational qualification shall be H.S.L.C or equivalent examination passed under any Board or Council recognised by the Central or the State Government, as the case may be;

(e)      who does not have a functional sanitary toilet in his/her residence."