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State of Assam - Section

Section 23 in Assam Panchayat Act, 1994

23. Property & Fund of Gaon Panchayat.

(1)A Gaon Panchayat shall have powers to acquire, hold and dispose of property and to enter into contract:Provided that in all cases of acquisition or disposal of immovable property by the Gaon Panchayat, it shall obtain the approval of the Government.
(2)All properties, within the local limit of the jurisdiction of Gaon Panchayat, of the nature hereinafter in this section specified, other than property maintained by the Central or State Government or a local authority or any other Gaon Panchayat, shall vest in and belong to the Gaon Panchayat, and shall with all other properties of whatsoever nature or king it may become vested in the Gaon Panchayat, be under its direction, management and control, that is to say
(a)all common properties;
(b)all public streets, including the soil, stones and other material thereof and all drains, bridges, culverts, trees, erection, materials implements and other things provided for such streets;
(c)All public channels, water courses, springs, tanks, ghats reservoirs, wells, pipes, pumps and other water works whether made laid or erected at the cost of the Gaon Panchayat or otherwise, and all bridges, buildings, engine, works, materials connected therewith or pertaining thereto and also any adjacent land (not being private property) pertaining to any public tank.
Provided that water pipes and water works connected therewith or pertaining thereto which with the consent of the Gaon Panchayat are laid or setup in any street by the owner of any mill, factory, workshop or the like, primarily for the use of their employees shall not be deemed to be public water works by reason of their use by the public.
(d)all sewage rubbish and offensive matter deposited on street or collected by the Gaon Panchayat from street, latrines, urinals, sewers and other places:
(e)all public lamps, Lamp posts and apparatus connected there with or pertaining thereto; and:
(f)all buildings crested by the Gaon Panchayats and all lands and buildings or the property transferred to the Gaon Panchayat by the Central or the State Government or acquired by gift, purchase or otherwise for local public purposes.
(3)The State Government may, exclude any street, bridge or drain from the operation of this Act or of any specified section of this Act:Provided that construction and maintenance of such items are done by other agency/Government from resources other than Gaon Panchayat fund:Provided further that if the cost of the construction of the work had been paid from the Gaon Panchayat fund such work shall not be excluded from the operation of this Act or any special section of this Act except after consideration of the views of the Gaon Panchayat at a meeting.
(4)The Government may allocate to a Gaon Panchayat any public property situated within it local jurisdictions and the upon such property shall vest in and come under the control of the Gaon Panchayat.