33. Application of Panchayat law to the Gram Sabha.
(1)The Government at the request of a Gram Sabha and after consultation with the Gram Panchayat within whose jurisdiction the Gram Sabha functions may, by notification in the official Gazette, declare that the Gram Sabha shall exercise all the powers and discharge all the duties and functions of the Panchayat or exercise such of the powers and discharge such of the duties and functions of the Panchayat in relation to the revenue village as may be specified in the notification.(2)Upon the issue of a notification under sub-Section (1)-(a)if all the powers and duties and functions of the Gaon Panchayat are to be exercised and discharged by the Gram Sabha-(i)the Gaon Panchayat which functioned immediately before the date of notification shall in relation to the revenue village, cease to function therein;(ii)all the powers, duties and functions attaching to the Gram Panchayat under the Assam Panchayat Act, 1959, shall in relation to the revenue village, attach to the Gram Sabha and accordingly, the Gram Sabha shall exercise the powers and discharge the duties and functions aforesaid ;(iii)the provisions of the Assam Panchayat Act, 1959, shall subject to such restrictions and modifications as the Government may specify in the notification, apply to the Gram Sabha as if it were a Panchayat constituted under the law for that revenue village ;(iv)the Gram Sabha shall be entitled to all assets and be subject to all liabilities of the Panchayat as on the date of the notification in so far as such assets and liabilities are relatable to the revenue village :Provided that the miner that situated within the area of Gram Sabha shall continue to be managed by the Gaon Panchayat within whose territorial jurisdiction such miner lies, a proportion of the income thereof shall be given to the Gram Sabha according to the ratio the population of the Gram Sabha bears to the whole population of the Gaon Panchayat area ;(b)in any other case-(i)the Panchayat shall cease to exercise the powers and perform the duties and functions specified in the notification in relation to the area within the jurisdiction of the Gram Sabha ;(ii)the powers, duties and functions so specified which attached to the Panchayat shall in relation to the area aforesaid attach to the Gram Sabha and accordingly, the Gram Sabha shall exercise these powers and discharge these duties and functions ;(iii)the provisions of the Assam Panchayat Act, 1959 shall, subject to the restrictions and modifications specified in the notification, apply to the Gram Sabha as if it were a Panchayat constituted under the Assam Panchayat Act of 1959 for these purposes ;(iv)the Gram Sabha shall be entitled to such of the assets and be subject to such of the liabilities of the Panchayat as on the date of notification as may be specified in that notification.(3)Any notification issued under sub-Section (1) may contain such supplemental, incidental and consequential provisions as the Government may deem necessary, and in particular, may direct-(i)that any tax, fee or other sum due to the Panchayat all be payable to the Gram Sabha ;(ii)that appeals, petitions or other applications with reference to any such tax, fee or sum which are pending on the date of such notification shall be disposed of by the Gram Sabha.
