Act No. 25 of 1953
18th August, 1953
Whereas it is expedient to consolidate and amend the laws relating to Local Self-Government in Assam It is enacted as follows:--
In this Act, unless there is anything repugnant in the subject or context,--
The State Government may, by notification, establish a Local Board in any Subdivision or any part of a Subdivision to which this Act may hereinafter be extended.
The State Government may cancel or vary any such notification.
(1) Every Local Board shall consist of such number of members as the State Government may, by notification, fix in this behalf for each individual Board and all the members shall be elected except that not exceeding two members may be appointed by the Government to give representation to unrepresented interests.
(2)
(3) The qualifications of members and of electors shall be prescribed by rule:
Provided that no person shall be eligible for election as member of a Local Board if such person:--
Provided also that nothing in clause (iv) of the above proviso shall apply to persons convicted of offences not involving moral turpitude.
(4) The State Government may appoint servants of the Government as supernumerary members who shall have the right to attend and speak at all meetings of the Board, but not the right to vote. Such supernumerary members shall not be deemed to be members for the purpose of subsections (1), (2) and (3).
If the validity of any election of a member is brought in question by an unsuccessful candidate or person qualified to vote at the election to which such question refers such person, may, at any time within twenty-one days after the date of the declaration of the result of the election, file a petition in the prescribed manner before the District Judge of the District within which the election has been or should have been held and shall at the same time deposit one hundred rupees in Court as security for the costs likely to be incurred:
Provided that the validity of such election shall not be questioned in any such petition--
(1) Where a petition has been filed under section 6 the District Judge, or any Judicial Officer subordinate to him and not below the rank of a Subordinate Judge other than an officer exercising the powers of a Subordinate Judge ex-officio (hereinafter referred to in this Chapter as the Judge) to whom the District Judge may transfer the petition, may, after holding such inquiry as he deems necessary in accordance with the prescribed procedure and subject to the provisions of sections 8 and 9, pass an order confirming or amending the declared result of the election or setting the election aside.
(2) For the purposes of the said inquiry the Judge may summon and enforce the attendance of witnesses and compel them to produce documents or articles in their possession and to give evidence as if he were a Civil Court, and may also direct by whom the whole or any part of the costs of such inquiry shall be paid and such costs shall be recoverable as if they had been awarded in a suit under the Code of Civil Procedure, 1908 (Act V et 1908).
(3) The Judge may, at any stage of the proceedings, require the petitioner to deposit in Court a further sum as the costs incurred or likely to be incurred by any respondent, or to give security or further security, for the payment of the same, and if, within the time fixed by him, or within such further time as he may allow, such costs are not deposited or such further security is not furnished, as the case may be, he may dismiss the petition.
(4) An appeal shall lie to the District Judge from any decision or order of a Subordinate Judge, and a decision or order of the District Judge, either when he has himself made the enquiry or on appeal, shall be final.
(1) If the Judge after holding an enquiry is satisfied that--
(2) If, after any such inquiry, the Judge is of opinion that a returned candidate has been guilty by an agent (other than his election agent) or any other person of any corrupt practice which does not amount to any form of bribery other than treating as hereinafter explained or to the procuring or abetment of personation, and if the Judge is also of opinion that the candidate has satisfied him that--
Explanation.-- For the purposes of this sub-section "treating" means the incurring in whole or in part by any person of the expense of giving or providing any food, drink, entertainment or provision to any person with the object, directly or indirectly, of inducing him or any other person to vote or refrain from voting or as a reward for having voted or refrained from voting.
If, in any case to which section 8 does not apply, the validity of an election is in dispute between two or more candidates, the Judge, shall, after scrutiny and computation of the votes recorded in favour of each such candidate, declare the candidate who is found to have the greatest number of valid votes in his favour to have been duly elected:
Provided that for the purpose of such computation no vote shall be reckoned as valid if the Judge finds that any corrupt practice was committed by any person, known or unknown, in giving or obtaining it.
Where a candidate, who has be en elected to be a member, is declared by the Judge not to have been duly elected, acts done by him in execution of the office before the time when the decision is communicated to the Board shall not be invalidated by reason of that declaration.
If an election is set aside by the Judge, a date shall forthwith be fixed and the necessary step taken for holding a fresh election for filling up the vacancy, as though it had been a casual vacancy.
No election of a member shall be called in question in any Court except under the procedure provided by this Act, and no order passed in any proceeding under sections 6 to 9 (both inclusive), shall be called in question in any Court and no Court shall grant an injunction--
Every person who is elected or appointed to be a member of a Local Board shall, before taking his seat, make, at a meeting of the Board, an oath or affirmation of his allegiance to the Constitution of India in the following form, namely:--
I, A. B. being a member of the........................Local Board do swear in the name of God (or solemnly affirm) that I will bear true faith and allegiance to the Constitution of India as by Law established and that I will faithfully discharge the duty upon which I am about to enter.
(1) If, within the time prescribed by rules made by the State Government, the electors fail to elect any member or members of any Local Board the vacancy or vacancies shall be filled by another election to be held on such date as may be appointed by the Deputy Commissioner by notification.
(2) If for any reason the vacancy or vacancies are not filled at such second election, the State Government may appoint a member or members to fill up the vacancy or vacancies; and any person so appointed shall be deemed to be a duly elected member.
A member may resign by intimating in writing his intention to do so to the Chairman who shall forthwith lay such intimation before the Board at a meeting and on such resignation being accepted by the Board, the member shall be deemed to have vacated his office.
The State Government may remove any member of a Local Board,--
Provided further that in the case of clause (f) the member shall not be removed before he is given an opportunity of showing cause against the proposed action.
(1) Where the place of an elected member becomes vacant by the resignation, removal, death or otherwise of the member a new member shall subject to the provisions of section 14 and sub-section (2) below, be elected in accordance with any rule to fill his place.
(2) Where a vacancy occurs in a Local Board by reason of the death, resignation, removal or otherwise and the term of office of that member would, in the ordinary course of events, have terminated within six months of the occurrence of the vacancy, the State Government may direct that the vacancy be left unfilled until the next general election.
(3) An act of the Board, or its officers, or of the Board in a meeting, shall not be deemed to be invalid by reason only of the fact that the number of members at the time of such act was less than the number fixed by notification under section 5, sub-section (1).
(1) All elected and appointed members shall hold office for a term of 4 years commencing on the 1st of April following the quadrennial election and ending on the 31st of March. Elections shall be held every four years:
Provided that a member elected and appointed to fill a casual vacancy shall hold office for the remainder of the term of the member whom he replaces:
Provided also that the term of office fixed under this lection shall be held to include any period which may elapse between the expiration of the said period and the date of the first meeting of the Board newly constituted at which a quorum shall be present. When a Board is thus duly constituted, the old Board shall stand dissolved.
Power to leave casual vacancies unfilled in certain cases
(2) The term of office of supernumerary members appointed under sub-section (4) of section 5 shall terminate on the same date as that prescribed in sub-section (1) of this section for elected members, provided that the term of office of any supernumerary member may be terminated at any earlier date by the order of the State Government.
(3) An outgoing member, if otherwise qualified, may be re-elected.
Every Local Board shall be a body corporate by the name of "The Local Board of -[name of subdivision]" and shall have perpetual succession and a common seal, with power to acquire and hold property, both movable and immovable, and, subject to rule, to transfer any such property held by it, and to contract and do all other things necessary for the purposes of this Act, and may sue and be sued in its corporate name.
(1) The members of a Local Board shall at a meeting elect one of the elected members to be Chairman and the member so elected shall become Chairman.
In any case in which the State Government appoints a Chairman under the provisions of this Chapter, such person, if not already a member of the Board, shall upon appointment become a member in addition to those notified under sub-section (i) of section 5.
Tenure of office of Chairman
(2) Every Chairman, whether appointed or elected, shall hold office for four years from the date of his appointment or election, or until the Board is newly constituted, whichever is earlier:
Provided that the terra of office fixed under the sub-section shall be held to include any period which may elapse between the expiration of the said period and the appointment or election of a Chairman of the Board newly constituted.
(3) At the meeting held for the election of a Chairman under this section, the Chairman and the Vice-Chairman of the old Board shall formally tender resignation of their offices. The Deputy Commissioner and the Sub-divisional Officer, as the case may be, shall appoint a member of the Board to preside at the meeting, or may whenever he considers necessary vary the original or any subsequent order of appointment, provided always that the person appointed is not a candidate for the office of Chairman or Vice-Chairman. The President shall first make the oath (or affirmation) as prescribed in section 13 himself, and then administer the oath (or affirmation) to the other members present whether there is a quorum or not. In the event of there being an equality of votes in the case of election of the Chairman the decision shall be by the drawing of lots. On the election of the Chairman, the President shall vacate the chair for the newly elected Chairman.
(4) A Chairman of a Local Board wishing to resign may forward his written resignation to the Board and to the State Government through the Deputy Commissioner. On his resignation being accepted by the Board at a meeting and on the election or appointment of a successor such Chairman shall be deemed to have vacated this office.
Resignation of Chairman
(1) Every Local Board shall elect one of its members to be Vice-Chairman.
(2) Where any Local Board fails to elect a Vice-Chairman within the time fixed by rule the State Government may appoint a Vice-Chairman.
(3) Every Vice-Chairman, whether appointed or elected, shall hold office for four years from the date of his appointment or election or until the Board is newly constituted, whichever is earlier:
Provided that the term of office fixed under this sub-section shall be held to include any period which may elapse between the expiration of the said period and the appointment or election of a Vice-Chairman of the Board newly constituted.
(4) A Vice-Chairman of a Local Board may resign by notifying in writing his intention to do so to the Board; and on such resignation being accepted by the Board he shall be deemed to have vacated his office.
(1) The State Government after giving an opportunity to explain, may remove the Chairman or Vice-Chairman from his office if he is persistently omitting or refusing to carry but or disobeying the provisions of this Act and the rules thereunder or any lawful orders issued thereunder or he becomes incapable of so acting or is declared insolvent or is convicted by a Criminal Court for any offence involving moral turpitude.
(2) A Chairman or a Vice-Chairman of, a Local Board may at any time be removed from office by a resolution of the Board in favour of which not Jess than two-thirds of the total number of members of such a Board have given their votes at a meeting specially convened for the purpose; Provided that in such meeting--
Where any Local Board fails to elect a Chairman within the time fixed by rule, the State Government may appoint a Chairman.
(1) A Local Board may grant leave of absence to its Chairman or Vice-Chairman for any period not exceeding three months in any one year:
Provided further that if a Chairman or Vice-Chairman who has been granted leave for the maximum period of three months overstays his leave he shall be deemed to have vacated his office and the acting Chairman or Vice-Chairman, as the case may be, shall continue to act for him till the vacancy has been filled up by appointment or by a fresh election at the next meeting of the Board.
(2) The provisions of sections 20, 21 and 22 relating to the appointment, election and removal of a Chairman or Vice-Chairman shall, so far as they are applicable be deemed to apply to the appointment, election and removal of a Chairman or Vice-Chairman appointed or elected to act in any vacancy caused by the grant of leave under this section.
(1) Minutes of the proceedings at each meeting of a Local Board shall be drawn up and recorded in a book to be kept for the purpose and shall be signed by the Chairman of the meeting, and shall be published in such manner as the State Government may direct, and shall at all reasonable times and without charge, be open to the inspection of any person resident within, or owning or holding land within, the jurisdiction of the Local Board.
(2) A copy of the proceedings at each meeting of a Local Board shall, within seven days from the date of the meeting, be forwarded to the State Government and another copy sent to the Deputy Commissioner.
The Chairman, or, in his absence, the Vice-Chairman shall call a meeting of a Local Board on a requisition sighed by not less than one-third of the members of the Board.
If the Chairman or the Vice-Chairman fails to call a special meeting within 21 days from the date of the receipt of any such requisition, the meeting may be called by the persons who signed the requisition.
(1) Subject to such conditions as the State Government may prescribe by rule, a Local Board may appoint, from among its members, or if it so desires, from among its members and the residents of the subdivision not being members of the Board, Committees to assist it in the discharge of any specified duties or class of duties devolving upon the Board under this Act within the whole or any portion of the subdivision and may delegate to any such Committee all or any powers of the Board which may be necessary for the purpose of rendering such assistance, or withdraw all or any of such powers.
(2) All the proceedings of any Committee shall be subject to confirmation by the Board unless this condition is specially abrogated by the Board for any Committee:
Provided that, if the Chairman concurs in any action recommended by a majority of the members of any Committee, whether or not he is a member of such Committee, and considers that inconvenience would result from delay in taking such action, he may take such action without waiting for confirmation by the Board of the proceedings of the Committee, but if the Board do not confirm the proceedings of the Committee, such steps shall be taken to carry out any orders passed by the Board as may still be practicable.
Formation of joint Committed
(3) Any Local Board may join with any other local authority or with any Cantonment authority or with more than one such local authorities or Cantonment authorities, in constituting out of their respective bodies a joint-Committee, consisting of not more than two members from each of such bodies, for any purpose in which they are jointly interested, and in delegating to any such joint Committee any power which might be exercised and which can be lawfully delegated by either or any of the local authorities or Cantonment authority concerned.
Such joint Committee may from time to time make rules as to the proceedings of any such joint Committee and as to the conduct of correspondence relating to the purpose for which such joint Committee is constituted:
Provided that if any difference of opinion arises between the local authorities, it shall be referred to the State Government whose decision shall be final.
(1) Every Local Board, subject to the provisions hereinafter contained, may, from time to time, determine and appoint the establishment to be employed by it, and may fix the salaries and allowances to be paid to such establishment:
Provided--
Right of appeal
(2) Consequent on disciplinary action against him every employee of a Local Board shall have the right of appeal to the Board from the orders of the Chairman or Vice-Chairman; and in the case of orders involving dismissal or removal, original or appellate, an appeal to the Government in the Local Self-Government Department may be filed.
Gratuity
(3) A Local Board may, from time to time, with the approval of the State Government, make rules for gratuities or pensions to be granted and paid out of its Fund to its establishment.
Provident Fund
(4) A Local Board may, with the sanction of the State Government, make rules:--
Subject to rule, a Local Board may, from time to time, conjointly with one or more local authorities appoint a Board Engineer or any other establishment and provide for the payment of their salaries and for their control with such contribution from the local authorities as the State Government may determine.
(1) No disqualification, or defect in the election of a person acting as a member of a Local Board or a committee or a joint committee appointed under this Act or as the President of a meeting of the Board or of such committee or joint committee shall be deemed to vitiate any act or proceeding of the Board or of the committee or the joint committee, if the majority of the persons present at the time of the act being done, or proceedings being taken, were qualified and duly elected or appointed members of the Board or the committee or the joint committee.
(2) Until the contrary is proved, any document or minute which purports to be the record of the proceedings of the Board or committee or joint committee shall, if substantially made and signed in the manner prescribed for the making and signing of the record of such proceedings, be deemed to be a correct record of the proceedings of a duly convened meeting held by a duly constituted Board or committee or joint committee, whereof all the members were duly qualified.
(3) The powers of the Board or of any committee or joint committee may be exercised notwithstanding any vacancy in their number.
(4) Accidental omission to serve notice of a meeting on any member of a Board or committee or joint committee shall not affect the validity of a meeting of the Board or of the committee or joint committee.
(1) Every Local Board shall submit through the Deputy Commissioner to the State Government, on or before the day prescribed--
and from time to time such other reports and accounts as the State Government may require.
(2) Where the Deputy Commissioner is not Chairman of the Board, he shall, on or before the day prescribed, signify in writing to the Board his approval or disapproval of the statement of requirements and estimate; and if he disapproves of the statement of requirements and estimate on the ground that the expenditure on salaries, works or other objects proposed therein appears to be insufficient or excessive, or that any particulars contained therein appear to be erroneous, defective or improper, he shall state the nature of his objection.
(3) Every objection signified by the Deputy Commissioner, under sub-section (2), shall be considered by the Board which may modify the statement of requirements and estimate or signify in writing its reasons for adhering to such statement and estimate; and the Deputy Commissioner shall thereupon forward the statement of requirements and estimate to the State Government, with his remarks thereon.
(4) The State Government may--
and when the alterations referred to in clause (c) have been made, the estimate shall be resubmitted to the State Government:
Provided that the State Government shall not make and shall not require the Local Board to make, otherwise than with its consent, any such alterations as will have the effect of raising the total of such estimate above the total of the sum estimated to be at the disposal of the Local Board for expenditure during the financial year;
Provided further that when the budget estimate is not passed by Government before the end of the financial year preceding the year to which the budget relates, the budget estimates as approved by the Board shall be deemed to be the estimate for that financial year until the sanction of Government is received.
Subject to rule, any estimate prepared and approved as provided by section 31 may be amended or revised at any time by the Local Board with the approval of the State Government.
(1) There shall be formed, for every subdivision in which this Act is or may be in force, a fund, to be called the "Local Fund".
(2) There shall be placed to the credit thereof--
(3) The Local Fund shall be vested in the Board, and the balance standing at the credit of the Fund shall be kept in such custody as the State Government may direct.
It shall be lawful for a Local Board, subject to the provisions of any law relating to the raising of loans by local authorities for the time being in force, from time to time, to raise loans for the purpose of carrying out any of the provisions of this Act, and to guarantee the payment of interest on such loans, and to form a sinking fund.
The Local Fund shall be applicable to the following objects in the following order, namely:--
From and after the establishment of a Local Board all roads, bridges, channels, buildings, tanks and other property, movable or immovable, held by, or under the control of, the Local Board existing when this Act comes into force shall, for the purposes of this Act be under the control and administration of the Board unless already vested in any Panchayats under the Assam Rural Panchayat Act, 1948 (Assam Act XXVII of 1948).
It shall be lawful for the State Government from time to time to direct that any road, bridge, channel, building or other property, movable or immovable, which is vested in the State Government and which is situated within the subdivision shall, with the consent of the Local Board, and subject to such exceptions and conditions as the State Government may make and impose, be placed under the control and administration of the Local Board for the purposes of this Act.
Every road, building or other work constructed or any land purchased or acquired under the Land Acquisition Act, 1894 (Act I of 1894), by a Local Board from the Local Fund shall vest in such Board.
(1) A Local Board may agree with the person in whom the property in any road, embankment, bridge, tank, ghat, well, channel or drain is vested to take it over, after such agreement, and thereupon may declare, by notice in writing affixed thereon or near thereto, that such road, embankment, bridge, tank, ghat, well, channel or drain has been transferred to the Board.
(2) From and after the affixing of such notice as aforesaid, the road, embankment, bridge, tank, ghat, well, channel or drain shall vest in the Board, and shall be repaired and maintained out of the Local Fund.
Every Local Board shall, subject to rule, provide--
(1) The Local Board may turn, divert, discontinue or permanently close any road which is under the control and administration of, or is vested in, the Board.
The Local Board may close temporarily any public road or part of a public road for the purpose of repairing such road, or for the purpose of constructing or repairing any sewer, drain, culvert or bridge, or for any other public purpose:
Provided that the Board so closing any such road shall be bound to provide reasonable means of access for persons occupying holdings adjacent to such road:
Provided also that the power to divert, discontinue or close permanently any road shall only be exercised by the Board at a meeting.
(2) Whenever, owing to such repairs or constructions, or from any other cause, any such road or part of such road shall be in a state which is dangerous to passers-by, the Board shall cause sufficient barriers or fences to be erected for the security of life and property, and shall cause such barriers or fences to be sufficiently lighted from sunset to sunrise.
(1) The Local Board may make bye-laws, prohibiting or regulating the driving, riding or leading of animals or vehicles of any particular kind or the driving of carts or carriages exceeding a prescribed weight along any public road. In particular the Board may prescribe the kind and width of tyres which may be used on the wheels of any cart or carriage on any public road.
(2) Any person who disobeys a bye-law made under the provisions of sub-section (i) shall be liable to a fine not exceeding twenty rupees.
The Local Board may, by a written notice, require the owner or occupier of any holding which is adjacent to a road to cut and remove, within a period to be specified in the notice, any bamboos or the branches of any trees in the holding which overhang the road or any uprooted trees in such holding which lie on the road. If the owner or the occupier, on being served with the notice, fails to comply with the requisition contained in the notice, the Chairman of the Board or any person authorised by him in that behalf may enter into or upon the holding, with or without assistants or workmen, in order to cause the branches or uprooted trees to be cut and removed, and the Board may recover all reasonable expenses incurred by it on such account from the said person as if the same were an arrear of assessment imposed under the Village Chaukidari Act, 1870 (VI of 1870), or an arrear of land revenue recoverable under the Assam Land and Revenue Regulation, 1886 ((B.C.) I of 1886).
Any person who, without the permission of the Local Board, encroaches upon any road or upon any public drain, sewer, aqueduct, water course or ghat by making any excavation, or by erecting any wall, fence, rail, post, projection or other obstruction, or by depositing any movable property, shall, for every such offence, be liable to a fine not exceeding fifty rupees, and in the case of continuing offence to a further fine of twenty rupees for every day during which the offence is continued.
(1) Every Local Board, with the previous sanction of the State Government, may--
Provided that no application for the said sanction in regard to the matters specified in sub-clauses (a) and (b) shall be made unless it is authorised by a resolution which has been passed at a meeting specially convened for the purpose, and in favour of which a majority of not less than two-thirds of the members of the Local Board voted.
(2) Every Local Board may undertake on behalf of the Government concerned, and upon such conditions as may be agreed on, the construction, repair and maintenance of any public building or other work which is vested in such Government:
Provided that the cost of such construction, repair and maintenance shall be defrayed by the Government concerned.
(a) The Local Board, with the previous sanction of the State Government, may establish a toll-bar--
and may levy tolls at such toll-bar on persons, vehicles and animals passing over such bridge, roadway or footway:
Provided as follows:-- No toll-bar shall be established, or tolls levied, otherwise than for the purpose of recovering--
(b) In the case of any toll-bar established under subsection (a) (iii) above, no tolls shall be imposed on pedestrians.
(c) No toll-bar shall be established or tolls levied, on, or in respect of, any bridge, roadway or footway the cost or estimated cost of which as indicated in clauses (a), (b) and (d) of the above provision was or is less than ten thousand rupees.
The Local Board may grant a lease, for any period not exceeding three years, of any toll-bar established under section 46.
When two or more local authorities having jointly constructed, purchased or contributed towards the cost of the construction or widening of a bridge, roadway or footway have received sanction under section 46 to the establishment of a toll-bar, tolls shall be levied or granted in lease by such Local Board as the State Government may, in its order granting sanction, direct; and the proceeds of such tolls, or of the lease thereof, shall be adjusted between the Boards according to rules made in this behalf by the State Government.
(1) The following persons and things shall be exempted from payment of tolls at any toll-bar established under section 46, namely:--
(2) In granting a lease of any toll-bar the Board may stipulate that any servants and property of the Board and any other persons and things shall be exempted from payment of tolls thereat.
(3) Nothing in this section shall be deemed to affect the provisions of the Indian Tolls (Army and Air Force) Act, 1901 (Act II of 1901).
Notwithstanding anything contained in Section 46, it shall be lawful for a Local Board with the sanction of the State Government to construct a temporary fair-weather road or bridge, across any river, channel or dried up portion of a river bed, and to levy such toll on persons, vehicles and animals passing over such roads or bridges as may be necessary to defray the expenses of the construction thereof and the incidental charges in connection therewith.
(1) When it has been determined that tolls shall be levied at any toll-bar established under section 46, the Local Board shall, from time to time, make and publish an order specifying the rates at which, subject to the approval of the State Government, the toll shall be levied.
(2) A table of such tolls, legibly printed or written in English and the Vernacular of the district, shall be affixed in some conspicuous position near every such toll-bar, so as to be easily readable by all persons required to pay the tolls.
(3) In default of compliance with sub section (2), the toll collector or the lessee of the toll-bar, as the case may be, shall be liable to fine which may extend to fifty rupees, and to a further fine which may extend to ten rupees for each day after the first during which the default continues.
Every Local Board or the lessee of any toll-bar may compound with any person for a certain sum to be paid by such person for himself or for any vehicles or animals kept by him in lieu of the rates specified under section 51.
Any toll collector or a lessee of a toll-bar established under section 46 may refuse to allow any person to pass through the toll-bar until the proper toll has been paid.
Whoever, having rendered himself liable to the payment of toll, refuses to pay the toll, shall be liable to fine which may extend to fifty rupees.
When resistance is offered to any person authorised under this Chapter to collect tolls, any police officer whom he may call to his aid shall be bound to assist him; and such police officer shall, for that purpose, have the same powers as he has in the exercise of his ordinary police duties.
If any person authorised under this Chapter to collect tolls demands or takes any higher tolls than the tolls authorised under this Chapter, he shall be liable to fine which may extend to fifty rupees, and in default of payment, to imprisonment for a term which may extend to one month.
(1) When a toll-bar has been established and tolls have been levied under section 46 in respect of any bridge, road-way or foot-way the Local Board shall, at the end of each financial year, publish, by causing to be affixed at its office, an abstract account showing--
(2) When such expenses, interest and capitalised value have been recovered as aforesaid, such toll-bar shall forthwith be removed and tolls shall no longer be levied in respect of such bridge, road-way or foot-way.
The Local Board may, from time to time, at a meeting convened expressly for the purpose, of which due notice shall have been given, impose within the local limits of its jurisdiction a tax on carriages and carts.
(1) When it has been determined that a tax shall be imposed under the preceding section, the Local Board at a meeting shall make an order that the owner of every carriage or cart of a kind specified in the order shall pay such tax as may be fixed in the order for each half year or a year beginning on the 1st April and take out a license for that half year or a year. No such carriage or cart shall be used within the local limits of the jurisdiction of the Board unless the owner thereof has paid such tax and taken out a license.
The Board shall cause such order to be published in the prescribed manner at least one month before the beginning of the half year or a year in which it shall take effect and shall specify the tax, not exceeding such amounts as may be prescribed by rule, which shall be charged in respect of different classes of such carriages or carts:
Provided that the Board may permit the owner of any such carriage or cart which is casually brought within the local limits of the Board's jurisdiction to keep or use the same without a license for such period not exceeding 40 days in the year as may be fixed by the Local Board. But no license shall be required in respect of--
Tax so fixed to continue until altered
(2) Any order of the Local Board imposing taxes under the preceding section shall continue in force until rescinded and the taxes shall be charged at the rates specified in the date published as aforesaid unless and until the Local Board at a meeting, held not less than one month before the end of each half year or a year, make and publish an order specifying any different taxes which shall be charged for the ensuing half year or a year.
Licenses how to be obtained
(3) The owner of every carriage or cart shall forward to the Board, within the first month of each half year or a year, a statement in prescribed form duly signed and dated by him, containing particulars of carts and carriages and shall at the same time pay to the Board the tax which he is liable to pay in respect of such carriage or cart during the half year or a year.
Proportionate tax on carriages or carts acquired during year
(4) If any person acquires possession, at any time after the commencement of any half year or a year, of any carriage or cart specified above in respect of which no license has been given for such half year or a year, he shall forward a statement as above required within one month of the date on which he may have acquired possession thereof, and shall pay such amount of tax as shall bear the same proportion to the whole tax for the half year or a year as the unexpired portion of the half year or a year bears to the half year or a year; and such amount shall be calculated from the date on which such person may have acquired possession as aforesaid.
On payment of tax, Board to give a license and a token
(5) On receiving the amount of the tax as aforesaid the Local Board, or some person authorised by it in the behalf, shall give to the person paying the same a license and a token of registration number for every carriage or cart for the period in respect of which the amount is received.
Such license shall be for the half year or a year.
The token delivered shall be displayed in or on the carts or carriages in a conspicuous manner.
Carriage, etc., liable to tax although the owner be absent
(6) Whenever the owner of any carriage or cart liable to pay the said tax is not resident within the limits of the subdivision of the Local Board to which the tax is due, the person in whose immediate possession the carriage or cart is for the time being kept shall take out a license for the same.
Penalty
(7) Whoever keeps, or is in possession of, any carriage or cart without the license required by any of the three preceding sub-sections shall be liable on conviction before a Magistrate to a fine not exceeding four times the amount payable by him in respect of such license, inclusive of the amount so payable.
Seizure and sale of unauthorised carts
(8)
Provided that if, at any time before the sale is concluded, the person whose carriage or cart has been seized shall make payment to the Local Board, or to the person authorised by it to sell the carriage or cart, of the amount of the tax and all the expenses incurred by the Local Board, the Board shall forthwith release the carriage or cart so seized.
(iv) Notwithstanding anything contained in this subsection, the surplus of the sale proceeds of a carriage or cart seized under this sub-section may be utilised for the payment of any fine imposed under the last preceding sub-section; and any carriage or cart which has been seized under this sub-section may also be sold for the realization of such fine.
List of carriages and carts
(9) The Local Board shall, from time to time, cause to be prepared and entered in a Register to be kept by it and to be open to the inspection of any person interested therein, a list of the carts and carriages liable to pay the tax or take out a license indicating therein the carts and carriages in respect of which the tax for the current half year or a year has been paid and the names of persons to whom licenses for such carts and carriages have been issued.
Refund of tax in certain cases
(10) On proof being given to the satisfaction of the Local Board that a carriage or cart for which a license has been taken out for a half year or a year, has ceased to be used or kept for use, within the subdivision during the course of that half year or a year, the Local Board shall order a refund of so much of the tax for the half year or a year as shall bear the same proportion to the whole tax for the half year or a year as the period during which such carriage or cart has not been so kept or used in the subdivision bears to the half year or a year; but no such refund shall be allowed unless notice be given to the Local Board within one month of the time when such carriage or cart ceased to be so kept or used, and except for special cause shown, the Local Board shall pass no order for refund until after the close of the half year or a year in respect of which the refund is claimed.
(1) The Local Board, at their discretion, may compound for any period not exceeding one year, with livery stable-keepers and other persons keeping carriages or carts for hire, for a certain sum to be paid for carriages or carts so kept by such person in lieu of the license fees specified in any order made by the Local Board.
Power to inspect, stable etc., and to summon persons liable to the payment of fee
(2) The Local Board, or any person authorised by them in that behalf, may at any time enter and inspect any stable or coach house, or any place wherein they may have reason to believe that there is any carriage or cart liable to the license fee, for which a license has not been duly taken out.
And the Local Board may summon any person whom they have reason to believe to be liable to the payment of any such fee, or any servant of such person, and may examine such person or servant as to the number and description of the carriages or carts in respect of which such person is liable to pay license fees.
Nothing contained in this Act, in the Assam Municipal Act, 1923 (Assam Act I of 1923), or in the Assam Rural Panchayat Act, 1948 (Assam Act XXVII of 1948), shall be deemed to authorise two or more local authorities to levy between them, more than one tax for the same period in respect of any carriage or cart, and in the event of any dispute arising as to which of several local authorities is to levy the tax or as to how the tax levied is to be apportioned between several local authorities, the question shall be referred to the State Government whose decision shall be final.
(1) The Local Board may, at a meeting convened expressly for the purpose of which due notice shall have been given, order that within the jurisdiction of the Local Board, no land shall be used as a market otherwise than under a license to be granted by the Board, other than lands used as markets established by, vested in or placed under its control or administration.
Power to grant license and to impose tax on market
(2) On the issue of an order as in sub-section (1), the Board at a meeting may grant within the local limits of its jurisdiction a license for the use of any land as a market and impose an annual tax thereon and such conditions as prescribed by rules.
Owner to take out a license
(3) When it has been determined that a tax shall be imposed under the preceding sub-section, the Local Board at a meeting shall make an order that the owner of any land used as a market specified in the order within the local limits of the Boards jurisdiction shall take out a license and cause such order to be published in the manner prescribed.
Such order shall be published at least one month before it shall take effect and shall specify the taxes not exceeding such amounts as may be prescribed by rule, which shall be charged for the financial year.
Taxes so fixed to continue unaltered
(4) Taxes so fixed by any order of the Local Board under the last preceding sub-section shall continue in force until the Board at a meeting held not less than one month before the end of the financial year make and publish an order specifying any different taxes within the limit prescribed by rule, which shall be charged for the ensuing financial year.
Payment of tax
(5) Upon the imposition of such tax by the Local Board the owner of any land used as market shall pay to the Local Board taxes specified in the order and within one month of such order.
On payment of tax the Board to give a license
(6) On receiving the amount of taxes as aforesaid the Local Board or any one in its behalf shall give to the person paying the same a license for the period in respect of which the amount is received.
Suspension or cancellation of license
(7) The Local Board may at a meeting cancel or suspend a license granted under such order for failure of the licensee to comply with the conditions of license or with any provision of this Act or rules made thereunder.
Penalty for using unlicensed market
(8) Whoever, being the owner or occupier of any land, uses or permits the same to be used as a market without a license under sub-sections (5) and (6) above shall be liable to a fine not exceeding two hundred rupees for every such offence, and to a further fine not exceeding forty rupees for each day during which the offence is continued after conviction on such offence.
Power to close unlicensed markets
(9) The District Magistrate or the Sub-divisional Officer as the case may be, on the application of the Board, may order any land in respect of which a conviction shall have been obtained under the last preceding sub-section, to be closed as a market-place, and thereupon may make order to prevent such land being so used; and every person who shall sell or expose for sale any article intended for food or drink or any livestock or other merchandise on any land which shall have been so closed, shall be liable, for every such offence to a fine not exceeding ten rupees.
Private markets to be properly drained, etc.
(10) Every owner, occupier or farmer of a market within the limits of a Local Board, shall cause such drain to be made therein as shall be considered sufficient by the Board and shall take all necessary steps to keep such market in a clean and wholesome state and shall cause supply of sufficient water for the purpose as well as for drinking purpose.
(11) If any such owner, occupier or farmer of a market after notice in writing given to him by the Board that such market is defective in any of the particulars specified in subsection (10) and requiring him to remedy the defect specified within not less than thirty days, makes default therein, he shall be liable to a fine not exceeding twenty rupees for every day during which such default is continued after the expiration of the period mentioned in such notice.
(12) If the owner, occupier or farmer of a market make of default as aforesaid, the Board may enter into possession of the market and execute such of the works of improvement mentioned in sub-section (10) as it deems fit, and may receive all rents, tolls and other dues in respect of the market and retain possession thereof for recovery of the sum expended by it on the works of improvement:
Provided that the Board shall vacate the market if it appears that the sum expended by it on the works of improvement has been realised, and that the surplus, if any, remaining after the payment of the expenses incurred, shall be paid on demand to any person who establishes his right to the satisfaction of the Board or in a Court of competent jurisdiction.
(1) With the previous sanction of the State Government, the Local Board may, from lime to time at a meeting convened expressly for the purpose of which due notice shall have been given, impose within the local limits of its jurisdiction, any tax.
(2) Nothing in this section shall authorise the imposition of any tax which the State Legislature has no power to impose in the State under the Constitution.
(1) Every Local Board may, from time to time at a meeting convened expressly for the purpose, of which due notice shall have been given, impose within the local limits of its jurisdiction a tax or license fee in spite of provisions in other Acts in this behalf on:--
(2) The Local Board may make bye-laws for the purpose of imposition of the tax or license fee which in no case must exceed Rs. 50 (fifty) per annum or Rs. 10 (ten) per day on casual basis as the case may be except that in the case of Cinema Halls, Circuses and Oil and Rice Mills, the fee shall not exceed Rs. 200 per annum or Rs. 25 per day on casual basis.
Every Local Board shall, in regard to the establishment, maintenance and management of pounds, perform such functions as may be transferred to it by notification under section 31 of the Cattle Trespass Act, 1871 (Act I of 1871).
(1) Subject to rule, every Local Board may contribute towards, or be charged with, and be responsible fort--
(2) Subject to rule as aforesaid, the Board may, with its consent, be charged with and made responsible for, the establishment, maintenance and management of any other schools or class of schools other than Primary Schools within the subdivision, or may make grants-in-aid to any such schools whether they are under public or private management.
(3) Subject to rule as aforesaid, the Board may award stipends or scholarships.
(1) The State Government may, with the consent of the Board, by notification, direct that any public charitable dispensary or hospital within the subdivision shall be placed under the control and administration of the Local Board.
(2) From and after the publication of the notification referred to in sub-section (1), the Board shall, subject to rule, be charged with the control and administration of the dispensary of hospital and the construction, repair and maintenance of all buildings connected therewith.
Subject to rule every Local Board may--
(1) The Local Board may, with a view to preventing the spread of any infectious or contagious disease, order that, for a specified time, any market or shop within the jurisdiction of the Local Board shall be closed, or forbid any person to attend any such market or shop.
(2) Such order shall be publicly notified in such manner and at such places as the Local Board shall direct, and notice thereof shall be served on the owner, occupier or farmer of the market or shop.
(3) After complying with the notice, the owner, occupier or farmer of the market or shop or any person interested may appeal to the Deputy Commissioner, if he considers the notice to be unreasonable, and the order of the Deputy Commissioner shall be final.
(4) When an order has been notified under sub-section (2), and has not been set aside under sub-section (3), any owner, occupier or farmer of a market or shop who neglects to close the market or shop shall be liable to a fine which may extend to five hundred rupees; and any person who attends such market or shop in contravention of the terms of the order shall be liable to a fine which nay extend to fifty rupees.
(1) The Board may, by notice, require the manager of any school situated within the jurisdiction of the Local Board for a specified time with a view to preventing the spread of disease or any danger to health likely to arise from the condition of the school, either to close the school or to exclude any scholars from attendance; and the manager shall comply with the notice.
(2) After complying with the notice, the manager may appeal to the Deputy Commissioner, if he considers the notice to be unreasonable, and the order of the Deputy Commissioner shall be final.
(3) Any manager who fails to comply with the notice under sub-section (1) shall be liable to a fine which may extend to fifty rupees.
Explanation.- Manager shall include Head Master, Secretary or other person directly managing the school.
(1) If the Local Board is of opinion that the cleansing or disinfecting of a building or any part thereof, or of any article therein, which is likely to retain infection, will tend to prevent or check the spread of any disease, it may, by notice, require the owner or occupier to cleanse or disinfect the same in the manner and within the time prescribed in such notice.
(2) If--
Provided that the Board may in its discretion pay the whole or any part of such cost.
Any person who being a medical practitioner or a person openly and constantly practising the medical profession, and in the course of such practice becoming cognizant of the existence of any infectious or contagious disease in any dwelling other than a public hospital, fails to give information forthwith to such officers as the Local Board may direct, or gives false information, respecting the existence of such disease, shall be punishable with fine which may extend to fifty rupees.
In any Local Board to which this section may at any time be extended by the State Government, when any person suffering from any infectious or contagious disease is found to be--
the Local Board, by any person authorised by it in this behalf, may on the advice of any medical officer of rank not inferior to that of an Assistant Surgeon I, remove the patient to any hospital or place at which persons suffering from such disease are received for medical treatment, and may do anything necessary for such removal.
Subject to rule, every Local Board shall provide for the appointment, pay and management of all public vaccinators within the subdivision, and may provide for the promotion of free vaccination.
Subject to rule, every Local Board shall, as far as possible,--
For this purpose the Board shall have the power to incur such expenditure as may be necessary.
(1) A Local Board may provide any place within the subdivision with a proper and sufficient supply of water and for this purpose may construct, repair and maintain water works, wells or tanks and do any other necessary acts.
(2) All rivers, streams, channels, water-courses, tanks, springs and wells situated within the subdivision are not being the property of any private person or under the control or administration of any other local authority or any servant of the Government as such shall, for the purposes of this Act, be under the control and administration of the Board.
(3) The Board may, by an order published at such places and in such manner as it may think fit, set apart convenient tanks, springs, wells or part of rivers, streams, channels or water-courses, situated within the subdivision for the supply of water for drinking or for culinary purposes:
Provided that where the tanks, springs, wells or parts of rivers, streams, channels or water-courses are the property of any private person or under the control and administration of other local authority or any servant of the Government as such, no such orders, shall be made without the consent of such owner, local authority or servant of the Government.
(1) Subject to rule, the Local Board may require, by written notice, the owner or occupier of any land, within thirty days or such longer period as the Board may fix, either to re-excavate or fill up with suitable materials at his option, or to cleanse any well, water-course, private tank or pool therein and drain off and remove any waste or stagnant water which may appear to be injurious to health or offensive to the neighbourhood:
Provided that if, for the purpose of effecting any drainage under this section, it should be necessary to acquire any land not being the property of the person who is required to drain his land or to pay compensation to any other person, the Board shall provide such land and pay such compensation.
(2) If the person or persons required to execute the work fail, within the time specified in any requisition as aforesaid, to begin to execute such work and thereafter diligently to continue the same to the satisfaction of the Board until it is completed, the Chairman of the Board or any person authorised by him in that behalf may, after giving one weeks notice of his intention by a notification to be posted upon or near the spot, enter upon the land and perform all necessary acts for the execution of the work.
(3) The Board may, unless reasonable cause to the contrary is shown, recover from such person such portion of the costs of such cleansing or draining as may be approved by the Board as if the same were an arrear of the assessment imposed under the Village Chaukidari Act, 1870 (VI (B.C.) of 1870), or, where the aforesaid Act is not in force, as if the same were an arrear of land revenue recoverable under the Assam Land and Revenue Regulation, 1886 (1 of 1886).
(1) Subject to rule, the Local Board may require by written notice the owner or occupier of any building which, in its opinion, is in a filthy or unwholesome state, or of any land which is in such state or which is overgrown with lantana, ageratum, wild bhang or other noxious vegetation, to cleanse, clear, or otherwise put such building or land in a proper state within a time to be specified in such notice which shall not be less than thirty days.
(2) If any person on whom notice has been served under sub-section (1) fails to comply with the requisition contained in the notice, the Board shall, unless reasonable cause to the contrary is shown, cause the building or the land to be cleansed, and the Chairman of the Board or any person authorised by him in that behalf may, subject to such conditions as the State Government may impose by the aforesaid rules, enter into or upon the building or land, with or without assistants or workmen, in order to make any inspection or execute the work.
(3) The Board may, unless reasonable cause to the contrary is shown, recover from such person such portion of the cost of such cleansing as may be approved by the Board as if the same were an arrear of the assessment imposed under the Village Chaukidari Act, 1870 (VI (B.C.) of 1870), or where the aforesaid Act is not in force, as if the same were an arrear of land revenue recoverable under the Assam Land and Revenue Regulation, 1886 (I of 1886).
(1) The person or persons required to execute the work or do anything under the preceding section may, instead of executing the work or doing the thing required, prefer an objection in writing to the Board against such requisition within ten days of the service of the notice containing the requisition,
(2) If the objection allege that the cost of executing the work or doing the thing required will exceed one hundred rupees, such objection shall be heard and considered by the Board at a meeting, unless the Chairman or Vice-Chairman shall certify that such cost will not exceed one hundred rupees, in which case the objection shall be heard and considered by the Chairman or Vice-Chair man.
(3) After such objection has been heard and considered as aforesaid, the Chairman shall, if the objection be not allowed, submit the proceedings to the Deputy Commissioner for order, and the order of the Deputy Commissioner shall be final
(4) Where an objection has been preferred under this section, the period specified in the requisition for the execution of the work or the doing of the thing required shall, for the purposes of preceding section be deemed to run from the date on which the order of the Deputy Commissioner disallowing the objection is communicated to the person or persons concerned.
Any owner or occupier of land may contest his liability to pay any expenses under section 78 or may contest the amount which he has been called upon to pay in a Civil Court of competent jurisdiction:
Provided that the fact of such action having been instituted shall be no bar to the recovery of the said amount under the provisions of this Act.
The State Government may require a Local Board, after considering any cause that the Board may show to the contrary,--
Subject to rule, every Local Board may,--
With the approval of the State Government every Local Board may make annual or other contribution to any other Local Board or other local authority or to any public institution including libraries or reading rooms.
(1) The State Government, and acting under the orders of the State Government, the Deputy Commissioner, shall see that the proceedings of Local Boards are in conformity with law.
(2) The State Government may, by order in writing, annul any proceeding which it considers not to be in conformity with law, and may do all things necessary to secure such conformity:
Provided that no such order shall be made without giving the Board an opportunity of expressing its views on the matter.
Every Local Board shall at all times permit the Deputy Commissioner and any officer of the Government authorised for the purpose by the State Government by a general or special order to have access to all its books, proceedings and other records.
The Deputy Commissioner and any officer of the Government authorised for the purpose by the State Government by a general or special order may, at all times, enter upon or into and inspect, or cause any other person to enter upon or into and inspect--
With the previous sanction of the Chairman or in his absence the Vice-Chairman, any member of a Board, may inspect any work, or institution, constructed or maintained, in whole or in part at the expense of the Board, and any register books, accounts or other documents belonging to, or in the possession of, the Board.
(1) The State Government may appoint a servant of the Government to be Inspector of Local Works for one or more subdivisions.
(2) The Inspector of Local Works shall--
(3) In particular and without prejudice to the powers referred to in sub-section (2), clause (b), the Inspector of Local Works may at all times enter upon or into and inspect, or cause any other person to enter upon or into and inspect, any immovable property in the occupation, or any work in progress under the orders of any Local Board within his charge, and every such Board shall furnish such statements, estimates and reports as he may require.
(4) A report of every inspection made under this section shall be prepared, and a copy thereof shall be forwarded direct to every Board concerned.
(5) Every Board within the charge of an Inspector of Local Works shall, in all matters of professional detail, be guided by his report.
The State Government or the Deputy Commissioner after hearing the Chairman may, by order in writing, suspend the execution of any resolution or order of any Local Board or the doing of any act which is about to be done, or is being done, by such Board if, in its or his opinion, the execution of the resolution or order or the doing of the act, is likely to cause injury or annoyance to the public, or to any class or body of persons, or to lead to a breach of the peace.
(1) On receipt of a complaint or a report from Local officers, where the State Government is satisfied, after such enquiry as it thinks fit, that a Local Board has made default in performing any duty imposed on it by or under this Act, it may, by order in writing, fix a period for the performance of such duty.
(2) Where such duty is not performed within such period, Government may appoint some fit and proper person to perform it.
(3) Where, in any case of emergency, the Deputy Commissioner is of opinion that the immediate execution of any work, or the immediate doing of any act, which a Local Board is empowered to execute or do, is necessary for the service or safety of the public and the Board fails to execute or do it without any reasonable excuse, he may appoint some fit and proper person to execute the work or do the act immediately.
(4) Where any person is appointed under sub-section (2) or sub-section (3), the State Government or the Deputy Commissioner, as the case may be, may direct that the expense of performing the duty, executing the work or doing the act, together with reasonable remuneration if any to the person so appointed, shall forthwith be paid by the Local Board concerned.
(5) Where such expense and remuneration if any are not so paid, the State Government or the Deputy Commissioner, as the case may be, may direct the person having the custody of the balance of the Local Fund to pay the expense and remuneration, or as much thereof as is possible from that balance; and such person shall make payment accordingly.
(1) Where the Deputy Commissioner--
he shall forthwith submit to the State Government, a copy of the order, with a statement of his reasons for making it, and with any explanation which the Local Board concerned may wish to offer.
(2) The State Government may confirm, modify or rescind any order submitted under sub-section (1).
(1) Where a Local Board--
Provided that instead of superseding the Local Board under this section, the State Government may, after consideration of any explanation as aforesaid by notification, specifying the reasons for so doing, direct the Local Board to be dissolved and reconstituted as soon as possible, the necessary elections of members to be made in accordance with the provisions of this Act and the rules made thereunder; and from the date on which the results of such new elections are published in the official Gazette, all members constituting the former Board, shall, unless they are re-elected, vacate their offices:
Provided further that the tenure of office of the Chairman of the former Board shall continue and he shall carry on the routine matters on behalf of the Board until the Board is reconstituted and a new Chairman is elected or appointed.
(2) Where a Local Board is superseded under subsection (1)--
(3) On expiration of the period of supersession, the Board shall be re-constituted, and the persons who vacated their offices under sub-section (2), clause (a), shall be eligible for re-election.
If a dispute arises between two or more Local Boards or between a Local Board or any other Local authority or authorities, the matter shall be referred to such authority as the State Government may direct and the decision of such authority shall be final and conclusive.
(1) The State Government may make rules for the purpose of carrying out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers, such rules may--
(3) Every rule made under this section, shall be published in such manner as the State Government may direct and shall thereupon have the force of law.
(4) In making rules under this section, the State Government may direct--
(1) Every Local Board may make bye-laws for carrying out all or any of the purposes of this Act.
(2) Every bye-law made under this section shall, when confirmed by the State Government, have for such time as it may direct the same force as if it had been enacted in this Act.
(3) In making a bye-law under sub-section (1), the Board may provide that a breach of the same shall be punishable with fine which may extend to fifty rupees, and, in case of a continuing breach, with a further fine which may extend to four rupees for every day during which the breach is continued after the offender has been convicted of such breach.
Subject to the approval of the State Government every Local Board may, by subsidiary rules, consistent with this Act, and with any rules made thereunder by the State Government, provide for--