Document — 4-AJ AssAM LOCAl AUTHORITIES GRANTS (CHARGED) AcT, 1359

6,- ) ASSAM LOCAL AUTHORITIES GRANTS (CHARGED)" ACT , 1959* (Assam Act No. XXIII of 1959) CONTENTS Preamble Section Section 1. Short title , extent and com- 3. Notification of the Local Auth- mencement. orities. 2. Payment of grants t0 Local 4 Expenditure to be charged_ Authorities. 4-A. Power t0 make rules. 2-A. Payment of local rate to Gaon or Anchalik Panchayat: 5. Repeal. 2-B Creation of fund for giving special grants. SCHEDULE [Received the assent of the Governor on the 31st July, 1959] An Act to authorise grants to the Local Authorities and to declare such grants to be expenditure charged 0a the Consolidated Fund of the State of Assam Preamble. Whereas by virtue 0f Ait. 266 (1) of the Constitution of India, all revenues to the Government of Assam shall form the Consoli- dated Fund of the State of Assam And whereas 0n such revenues forming the Consolidated Fund of the State of Assam it is expedient to make provision for grants to the Local Authorities amounting t0 such share of the receipts as are collected in their respective jurisdiction for the purpose of carrying out the duties and func- tions enjoined upon them by laws And whereas it is expedient t0 declare such grants t0 the Local Auth- orities to be expenditure charged on the Consolidated Fund of the State of Assam It is hereby enacted in the Tenth Ycar of the Republic of India as follows 1. Short title, extent and commencement. (1) This Act may be called the Assam Local Authorities Grants (Charged) Act , 1959 . (2) It extends to the whole of the State of Assam_ (3) It shall come into force with effect from such date as may be not- ified in the official Gazette by the State Government: #Published in the Assam Gazette, dated the Sth August, 1959. 740 s. 4-AJ AssAM LOCAl AUTHORITIES GRANTS (CHARGED) AcT, 1359 741 2. Payment of grants to Local Authorities . The State Government shall grant to the Local Authorities notified under S 3, such share of the receipts a8 are collected in their respective jurisdiction from the sources detailed in the Schedule t0 the Act and credited t0 the Consolidated Fund of the State of Assam. 2-A. Payment of local rate to Gaon or Anchalik Panchayat: Notwith- standing anything in S 2 the local rate collected trom rural areas sball be distributed to the Gaon Panchayats as established under the Assam Pan - chayat Act; 1959 (Assam Act No. XXIV of 1959) at twenty-five naye Paise per capita of populations Provided that local rate collected from any area where Gaon Pan- chayat has not been established, sball be paid to the Anchalik Panchayat as established under the Assam Panchayat Act, 1959 at the same rate. COMMENTS Section 2-4. This section was inserted vide Assam Act No. XVII of 1964 published in the Assam Gazette, dated 5-8-1964 , to have come into force on [-4-1964, 2-B. Creation of fund for giving special grants: The excess of local rates collected over the amount disbursed to the Gaon Or Anchalik Pan- chayat, as tbe case may be, under $ 2-A,if any, shall be credited to & fund to be established for the purpose in the manner a9 prescribed under the rules. Such fund shall be utilised for making Up the deficit in collection of local rate in any particular year, if necessary, and for giving , special grants to the Gaon 0` Anchalik Panchayat or Mohkuma Parishad, as the case may be, whenever sufficient surplus accumulates in the fund, in the manner a8 prescribed. COMMENTS Section 2-B This section was inserted vide Assam Act No. XVII of 1964 published in the Assam Gazette, dated 5-8-1964, t0 have come into force on 1-4-1964. 3. Notification of (he Local Authorities. The State Government shall, from time t0 time &S occasion may arise, notify in the official Gazette, the names of the local authorities which shall receive grant under $: 2. Expenditure to be charged , The expenditure relating to the grants under Ss. 2.2-A and 2-B shall be charged upon the Consolidated Fund of the State of Assam, in accordance with the provisions of Art. 202 (3) (f) of the Constitution of India. COMMENTS Sectiton 4. In this section the words and figures "2-A and 2-B' , were inserted by Assam Act XVII of 1964. 4A. Power to make rules. (1) The State Government may make rules for carrying out the purposes of the Act: 742 NORTA-EASTERN REGION LOCAL ACTS RULES (S: 5 (2) Every rule made under this section shall be laid as soon as may be after it is made before the Assam Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one Session Or in (WD successive sessions and if, before the expiry of the session in which it is so Jaid or the session immediately following; the Assam Legislative Assembly agree in making any modifications in the rule or the Assam Legislative Assembly #gree that the rule should not be made, the rute shall thereafter have effect only in such modified form Or be of no effect, as the case may be , So however, that any such modification Or annulment shall be without prejudice t0 the validity of anything previously done under that rule. COMMENTS Section 4-4 This section was inserted vide Assam Act XVII of 1964 published in the Assam Gazelte, dated 5-8-1964. 5 Repeal. The Assam Loca| Authorities Compensatory Grant (Charged) Act , 1940 (Assam Act II of 1940) and the Assam Local Auth- orities Compensatory Grants (Charged) Act , 1953 (Assam Act XXXIV of 1953) are hereby repealed. SCHEDULE (See Section 2] L Local rates realised under the Assam Local Rates Regulation, 1979. 2. AII receipts from the sales of ferries Other tban the Public Works Department Ferries under the North India Ferries Act, 1878 3. AlI judicial fines realised under the Assam Municipal Act, 1956 (Assam Act XV of 1957) or by-laws made thereunder Or under the Assam Panchayat Act; 1959 Or rules made thereunder. 7 . ` `'

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