The MISSING AUTONOMOUS COUNCIL ACT, 1995
###### ...

 Registered No. A .. 12

 . .

 ··
## . THE ASSAM GAZETTE

###### . EXTRAORDINARY

 ~~ <P~'#l~ ml ·~

 . PUBLISHED BY AUTHORITY

. ·----·------------·------

~~~ · . ~,~       - ~ .       - ~ 161C 1$" l"l"I , ~~~t _11'_ ~ )~)'\ ~)

No.232 Dispur; Monday, 30th October, 1995, 8th Kartika, 1917 (S.E.)

. --------------~ ---~---~---------------------~--------------~-----------------------------------------------                - --- - --

GOVERNMENT OF ASSAM
. . ...

ORDERS BY THE GOVERNOR

LEGISLATIVE DEPARTMENT: LEGISLATIVE BRANCH ·

NOTIFICATION

The 30th October, 1995

. ; · .. No.LGL. .118/95~200. -- Th~ following Act of the Assam Legislative Assembly which re-

ceived the assent of the Governor 1s hereby published for general information. .       -
. ' . .


-----

###### I

1618 ' 1 , , 1lf!IE·ASSAM GAZETTE. EXTRAORDINARY. OCTOBER 30. 1995

1· i"' t'"' I. 1t·

AS(~~Afil'NO . xxvr OF 1995

L:~ .. ,:·~· j$/~tt4

1 · (Received the as,~-,~tJ#'.~ovemor on 27th October, 1995)
###### I ·,,,~ ,..,. -'l< '1;'!,, •.·. ''J
 p, J r·~J;'jSING}&J;~OUS CO~Gf '&, 1995.

                                         - _::··_ "'i. _r;_ ACT _:_

.:.                                                                                                                                                     - ; ~ ':' { \                                                                                                                                                     - _, .) _'t_                                                                                                                                                     - '

                            - to pfovid~ o;~tde- sta ii . rher1t ~t<an· aclfilifiistrativ~ atltl1ority in the name

and style of "Mising Autonomous Council" and for certain matters incidental there-
to and connected therewith.                  -

Preamble. Whereas it is expedle'~t1        - '/6 · ~rovide for the establishment of a Mising

Autonomous Council within the Statf 0f Assam with maximum autonomy within
the framework of'fh~, (..onstitutlon, comprising of the satellite areas of Village
Councils formed out Of blocks of contiguous revenue villages, each having more
than 50% population of Mising community, without having any compact area for
social, economic, educational, ethnic and cultural advancement of the Mising ..
community residing_thyrein.

~ . :~ ~} :..

It is hereby enacted in the Forty-sixth ' r- u of the Republic of India, as
follows:- i. -i r.f·,. ~

if.. < _I_ ;                                                                                                         - !

CHAPTER                     - I

PRELIMINARY

0

Short title, , , 1. _(l)' T)Jis Act may be called the Mising Autonomous Council Act,_ 1995.
extent and (2) It'extendftcf the whole of the State of Assam. 1          -
<:om111ence- (3) It shall deemed to have come mto force with effect from 13-07-95.
men t.
Definitions. 2. In this Act, uhiessthe'context'otherwise·requires,-

(a) 'bye- la~' /Yiylllftrf~e)b~e-1 awy~)a1[1~d b~:t~e General Council ; ,•

1 1

(b) 'Constituency' means a constituency referred to in section 48 ;

1: (c) ;Cbrtstf tuiion;.ili~kiri~ tHe c6WrnH1ti8n Jf Ihtna ~ I _1 .. ;_ I ~ !

( d) 'Council Area' means· the Mising Autonomous Council Area;

(e) 'Elector' in relation to a constituency means a person whose name is

entered in the electoral roll of that constituency ;

(f) 'Executive Council' means the e:':.ecutive body of the General Council of

the Mising Autonomous Council constituted under Sedio11 3 \3) and 24;

                            - (g) 'Gaon Panchayat,'., 'Anchalik Panchayat' and 'Zila Parishad' Assam Act
have the same meaning as~ defined in'tlM Assam panchayat Act, 1994 ; XVIII of
1994.

(h) 'General Council' means the General Council of the Mising Autonomous
Council referred to in section 3 ;

(i) 'General Council Fund' and 'Village Council Fund' means the funds con-

stituted under section 61 ;

U) 'Government' meatfs t:he Stat~ 'Gdvernment of Assam ;

(k) 'Governor' means the Governor of Assam;

(1) 'member' means a member of the Village Council or the General Council

or the Executive Council, as the ca~e may be ;

(m) 'Municipality' has the same meaning as in the Assam Assam Act

Municipal Act, 1956; XV of 1957.


-----

THE ASSAM GAZETTE. EXTRAORDINARY. OCTOBER 30. 1995 1619

(n) 'Notification' means the notification issued under this Act;
( o) 'Official Gazette' means the Official Gazette of Assam ;

(p) 'Prescribed' means prescribed by rules made under this Act
( q) 'Satellite area' means the area of different revenue villages ;

(r) 'Village Council' means the Village Council referred to in section 4; and
(s) 'Village Council Area' means the area declared to be the area of a Village
Council by the Government by notification in the Official Gazette.

. 3. (1) There shall be an autonomous council to be called the Mising Autono-

Mising

mous Council within the State of Assam comprising of the areas of the Village

Autonomous

Councils as may be specified by the Government by notification in the Official

Council.

Gazette.

                  - (2) The Mising Autonomous Council shall have maximum autonomy within

the frame work of the Constitution.

(3) The Mising Autonomous Council shall have a General Council and an

Executive Council as provided hereinafter.

4. (1) There shall be a Village Council for each block of villages, each village

Village
Council. having 50% or more Mising population.

(2) Each Village Council area shall consist of approximately 6000 to 8000

Population.

(3) For the purposes of sub-section (1) above, there shall be as many Village

Councils as may be specified by the Government by notification in the Official
Gazette.

_0_ CHAPTER       - II

THE GENERAL COUNCIL

Incorporation 5. The General Council shall be a body corporate having perpetual succession

of the Gener- and a common seal with powers to acquire, hold and dispose of property and to
al Council. contract and sue or be sued by its corporate name.

Constitution 6. (1) The General Council shall consist of 40 (Forty) members of which 35

of the Gener- (Thirty five) shall be directly elected and 5 (Five) shall be nominated by the Gov-
al Council. ernment from amongst the groups of communities residing in the Council area and

not otherwise represented in the General Council. Out of the 40 (Forty) seats 20
(Twenty) seats shall be reserved for Mising C0mmunity and out of these

20 (Twenty) reserved seats, at least 6 (Six) seats shall again be reserved for women.

(2) The Members of Parliament, and the Members of Legislative Assembly,

Assam belonging to Scheduled Tribes Reserved Constituencies of the Council Area
shall be ex-officio members of the General Council.

(3) Every member of the General Council shall be entitled to such allowances

as may be fixed by the General Council and approved by the Government.

( 4) The elected members of the General Council shall, at the first meeting

after the election, for the purpose of constitution of the Executive Council, elect
from amongst themselves in the manner prescribed,--

(i) One member to be the Chief Executive Councillor who shall also be the

President of the General Council,
(ii)One member to be the deputy Chief Executive Councillor who shall act as

President of the General Council in absence of the Chief Executive
Councillor.

(iii) Seven Executive Councillors.

Term of 7. (1) The term of office of the General Council shall be five years from the
office. date of the first meeting as appointed by the Government after the election of the

members, unless dissolved earlier under section 63.

(2) Notwithstanding anything contained in sub-section (1) above, the Chief

Executive Councillor, the Deputy Chief Executive Councillor or the Executive


-----

1620 THE ASSAM GAZETTE. EXTRAORDINARY. OCTOBER 30. 1995

Councillors shall cease to hold office as such forthwith if he, for any reason, ceases
to be a member.

(3) Notwithstanding anything contained in sub-section (1) the Governor

may, if he is satisfied that circumstances exist which render the holding of the
election, as provided, impracticable, extend the term for a period not exceeding one
year.
8. (1) Any member of the General Council including the Deputy Chief Execu-

Resignation

tive Councillor may, at any time by giving notice in writing addressed to the Chief

of members

Executive Councillor, resign his office :

of the Gener-
al Council.

Provided that in case of the Chief Executive Councillor the notice shall be

addressed to the Deputy Chief Executive Councillor.

(2) Such resignation shall take effect from such date as specified in the notice

or if no such date is specified, from the date of its receipt by the office bearer
addressed.

9. (1) The Chief Executive Councillor, the Deputy Chief Executive Councillor

Remov.;d of

or the Executive Councillors or any one of them or all of them may be removed

members of

from office by a resolution carried by a majority of the total number of the elected

.General

members at a special meeting of the General Council called for the purpose upon a

Council.

requisition made in writing by not less than one third of the members of the General
Council.

(2) The Government, after giving an opportunity to an elected member of the

General Council to show cause against the action proposed to be taken against him
and after giving a reasonable opportunity of being heard, may by order, remove him
from the office, if he -

(a). after his election, is convicted by a criminal court of an offence involving

moral turpitude punishable with imprisonment for any period exceeding

c

six months, or

(b) incurs any of the disqualifications mentioned in section 54 after his

election as member of the General Councillor, or

( c) is absent from three consecutive meetings of the General Council.

(3) Any member of the General council who is removed from the office

under sub.,section (2) above, may within thirty days from the date of the order,
appeal to such Judicial Authority as the Government may prescribe and the authority
so prescribed after admitting an appeal may, after complying with the normal and
fundamental principles of judicial proceedings, pass such order or orders either con-

firming or modifying or setting aside the order appealed against and pending the fi-
nal disposal of the appeal may pass such other interlocutory order or orders includ-
ing stay of operation of the order appealed against.

(4) The order passed, by the Judicial Authority referred to in sub-section (3)

above, on such appeal shall be final.

Salaries, 10. (1) The Chief Executive Councillor,Deputy Chief Executive Councillor and
allowances the Executive Councillors shall be wholetime functionaries and shall be paid out of
and other the General Council Fund such salaries and allowances as may be prescribed.
emoluments.

(2) The other terms and conditions of service of the Chief Executive Council-

lor, Deputy Chief Executive Councillor and the Executive Councillors shall be such
as may be prescribed.

Filling up 11. (1) Where the office of any member falls vacant by reason of his death,
vacancies. resignation, removal or otherwise the vacancy shall be filled up by election in accor-

dance with the provision of this Act and the rules framed thereunder :

Provided that any vacancy in the office of the Chief Executive Council-

lor,Deputy Chief Executive Councillor or the Executive Councillors shall be filled
up by the General Council by electing a member thereof in the manner prescribed
for the election of the Chief Executive Councillor, Deputy Chief Executive Council-
lor or the Executive Councillors, as the case may be ;


-----

THE ASSAM GAZETTE. EXTRAORDINARY. OCTOBER 30. 1995 1621

(2) Any member elected in accordance with the provisions of sub-section (1)
above, shall hold such office only for the remainder of the term of the General
Council or the period extended under sub-section (3) of section 7 .

Powers, . 12. (1) The chief Executive Councillor shall -

         - · functions

and duties of (a) be responsible for the maintenance of the records of the General Council;
the       - Chief

Executive (b) have general responsibility for the financial and executive administration
Councillor. of the General Council ;

( c) exercise administrative supervision and control over the officers and
employees of the General Council and the officers and employees whose services
may be placed at the disposal of the General Council by the Government ;

( d) for transaction of business under this Act or for the purpose of making

any order under this Act , exercise such powers, perform such functions and dis-
charge such duties as may be exercised, per~ rmed or discharged by the General
Council under this Act or the rules made thereunder :

Provided that the Chief Executive Councillor shall not exercise such powers,

perform such functions or discharge such duties as may be required by the rules
made under this Act to be exercised, performed or discharged by the General Coun-
cil at a meeting ;

( e). exercise such other powers, perform such other duties as the General

Council may, by General or special resolution, direct or the Government may, by
rules made in this behalf, prescribe.

'O ..

Meeting of 13. (1) The General Council shall meet at least once in every three months for
the General transaction of its business .

. o

Council.

(2) The meeting of the General Council shall be held at the headquarter of the
Mising Autonomous Council at such time as may be notified by the Chief Executive
Councillor :               -

Provided tnat the first meeting of the General Council after the election shall
be held on such date as may be appointed by the Government.

Oath of affir• 14. Every member of the General Council shall, before taking his seat, make
mation , by and subscribe before such person as may be appointed by the Governor in this be-

     - members. half an oath or affomation in the manner arid form as may be prescribed.

Quorum 15. The quorum necessary for transaction of business at a meeting of the Gen-

eral Council shall be 10 (ten) members and the decision of the General Council shall
be by a single majority of votes of the members present.

Head quarter 16. The Government may, by notification in the Official Gazette, declare any
of the Gen- place within the Council Area to be the headquarter of the General Council.
eral Council.
Secretariat of 17. (1) There shall be a secretariat for the Mising Autonomous Council at the
the Mising head-quarter of the General Council headed by a Principal Secretary to be appointed
Autonomo us by the Government in consultation with the Chief Executive Councillor.
Council.

\ (2) The Principal Secretary shall be the Principal Executive Officer of the
General Council and all other officers of the General Council shall be subordinate to
him.

(3) The Principal Secretary shall be present and take part in the discussion of

all the meetings of the General Council or the Executive Council or any Committee
of the General Council and may, with the consent of the Chief Executive councillor
or any other person presiding over such meeting for the time being, as the case may
be, at any time make a statement or give explanation of the facts and circumstances
but shall not be entitled to vote in any such meeting.

(4) The Principal Secretary and the other officers of the secretariat shall be

paid out of the General Council Fund.


-----

1622 THE ASSAM GAZETTE. EXTRAORDINARY. OCTOBER 30. 1995

(5) The term of appointment of the Principal Secretary shall be for a period of
three years but may be extended by the Government in consultation with the Chief

Executive Councillor.

(6) The Government may appoint such other Secretaries for the General

Council on such terms and conditions as the Government may, in consultation with
the Chief Executive Councillor, determine.

(7) The Government may, in consultation with the Chief Executive Council-

. lor, depute such other officers or experts, as may be, required, to assist the General

Council on such terms and conditions as may be determined by the Government.

(8) The Government may from time to time post officers of the rank of class
###### II and above within the Council Area in accordance with the exigencies, but while
making such postings due regard may be given to the views of the General Council. .

(9) All officers and other staff posted in the Council Area shall be accountable
to the General Council for their performance and assessment of their works
recorded by the Executive Council shall . be incorporated in their Annual Confi-

dential Reports by the Government.

(10) Notwithstanding anything contained in sub-section (5) above, the Gov-

ernment may, at any time in consultation with the Chief Executive Councillor, with-
draw the Principal Secretary or any other officer posted or appointed by it in the
Secretariat.                  -

CHAPTER                    - III

POWERS AND FUNCTIONS OF THE GENERAL COUNCIL

_c_ .

Subject to be       - 18. Notwithstanding anything contained in any other law or rules for the time

under the befog in force, the General Council shall have executive powers in relation to the
control and Council Area over the Following subjects:-

administra-
tion of the . 1. Cottage Industry,
General 2. Animal Husbandry and Veterinary,
Council. 3~ Forest, other than Reserved Forest,

. 4. Agriculture,
5. Rural Roads and Bridges,
6. Sericulture,
7. Education,

                    - (a) Adult Education.

(b) Primary Education.
(c) Up-to Higher Secondary including Vocational Training.
8. Cultural Affairs.
9. Social Conservation,

10. Co-operation,
11. Fisheries,
12. Panchayat and Rural Development,
13. Handloom and Textile,
14. Public Health Engineering - Drinking Water.
15. Minor Irrigation,
16. Social Welfare,
17. Flood Control Schemes for protection of villages

(not of highly technical nature)
18. Sports and Youth Welfare,
19. Weights and Measures,

20. Library services,
21. Museum and Archaeology, .
22. Urban Development, Town and Country Planning.
23 .. Tribal Research. · .

24. Land and Land Revenue.
25. Publicity and Public Relation,
26. Tourism,
27. Transport,


-----

THE ASSAM GAZETTE. EXTRAORDINARY. OCTOBER 30. 1995 1623

. 28. Any other matter connected with development,
29. Municipal Board, Improvement Trust, District Boards and other
local-self Government of Village Administration,

30. Tribal Welfare,
31. Market and fairs,
32. Lotteries, Theaters, Dramatic Performance and Cinema,
33. Vital Statistics including registration of birth and death.
34. Food and Civil Supplies.

Other matters 19. Subject to general policy of the Government, the General Council shall, -
to be under
the control (i) formulate integrated development plans for the Council Area ;
and adminis-
tration of the (ii) implement schemes and programmes for the development of the Council
General Area;
Council. (iii) have powers to appoint Class III and Class IV staff within the Council

Area;

(iv) have powers to regulate trade and commerce within the Council Area in
accordance with the existing law including issue of permits or licences to
individuals within the· Council Area ;

I

f (v) guide customs and traditions and social justice of the Mising community
###### I according to the traditional laws ;

(vi) organise special recruitmept drive into Army, Navy, and other para-military

forces, Police Forces and other Central Government establishments for ap
pointment of the persons belong to the Mising community ;

(vii) allot permits for trade and commerce to the people residing in the Council

o Area preference being given to the Mising community.       -

Powers to . 20. (1) Subject to the provisions of any other law for the time being in force,

impose, levy the General Council shall have the powers to collect within the Council Area such

and collect taxes as are payable under the law for the time being in force in the manner as may

taxes. be prescribed :

Provided that the tax or taxes as aforesaid shall be collected from such date as

                - may be appointed by the Government by notification in this behalf in the Official

Gazette.

(2) Subject to sub-section (1) and such maximum rates as the Government
may prescribe, the General Council shall -

(a) levy tolls on persons, vehicles or animals of any class, for the use of any

bridge or road other than kacha road, or ferry constructed or established and
managed by it ;

(b) levy the following fees and rates, namely :-

(i) fees on the registration of boats or vehicles ;

(ii) fees for providing sanitary arrangements at such places of worship,

pilgrimage, fairs, melas, other public places within the Council Area as

                                                 - may be specified by the Government by Notification. in the Official

Gazette.                       -

(iii) fees for licences ;

(iv) water rates, where arrangements for irrigation or drinking water is made

by it within the Council Area ;

(v) lighting rate where arrangements for lighting of public street or places are

made by it within the Council Area ;

(3) Notwithstanding anything contained in the foregoing sub-sections, the

General Council shall not undertake registration of any vehicle or levy any fees in
respect thereof and shall not provide senitary arrangements at places of worship, pil-
grimage, fairs, melas or other public places within.the Council Area orlevy any fees
in respect thereof if such vehicle has already been registered by any other author-
ity under the law for the time being in force, or if such provisions for sanitary


-----

1624 THE ASSAM GAZETTE. EXTRAORDINARY. OCTOBER 30.

arrangements have already been made by the Government or any other local
authority.
( 4) The collection of tolls, fees or rates and the terms and conditions for the
imposition thereof shall be such as may be prescribed by the bye-laws. Such by-
laws may, interalia, provide for exemption from all or any class of cases.

(5) The Gerieral Council may levy fee or taxes on any or all the subjects
asigned to the Village Council.

21. Notwithstanding anything contained in this Act, the Government may, in

Power to
entrust func       - consultation with the General Council, entrust, either conditionally or without any

condition to the General Council or their officers any function in relation to any mat-

tions.

ter not enumerated in section 18 to which the executive powers of the Government

. extends.

Power to ac- 22. Notwithstanding anything contained in Section 5, the General Council,
quire hold subject to the previous approval of the Government and subject to such terms and
and dispose . conditions as may be imposed by the Government, shall have the power to acquire,
of property. hold or dispose of any immovable property or movable property the value of which

exceeds Rupees One lakh and to enter into contract or agreement with any party or
authority:

Power to 23. ( 1) The General Council may, subject to the provisions of this Act and the
make bye- rules made thereunder and subject to the approval of the Government, make bye-
laws. laws to be applicable within the Council Area with respect to all or any of the mat-

ters enumerated in sections 18, 19, 43 and 44 for regulation, control and administra-
tion thereof.

(2) All bye-laws made under sub-section (1) above, shall have effect upon

their publication in the Official Gazette.

CHAPTER - IV

THE EXECUTIVE COUNCIL

The Execu- . 24. (1) The Executive Council shall consist of the Chief Executive Councillor,

t ive Cou ncil. Deputy Chief Councillor and seven Executive Councillors elected in accordance
with the provisions of sub-section ( 4) of section 6.

(2) The Chief Executive Councillors shall be the Chairman of the Executive

Council and shall preside over the meetings thereof :

Provided that in case of the absence the Chief Executive Councillor, the

Deputy Chief Councillor shall preside over the meeting of the Executive Council.

(3) Any casual vacancy among the members of the Executive Council occur-

ring by reasons of death, resignation, removal or otherwise shall be filled through
election by the members of the General Council in the same manner as provided in
sub-section ( 4) of Section 6 :

Provided that no act or proceeding of the Executive Council shall be called in

question or shall become invalid merely by reason of any vacancy among its
members.

( 4) The manner of transaction of business of the Executive Council shall be

such as may be determined by the General Council by bye-laws made by it with the
approval of the Government.

(5) The Executive Council shall be collectively responsible to the General

Council.

Term of of- 25. A member of the Executive Council shall hold office until he --
fice of the
Executive (a) ceases to be a member of the General Council, or
Council. (b) resigns his office in writing under his hand addressed to the Chief Execu-

tive Councillor in which case the resignation shall take effect from the date of accep-
tance thereof :


-----

THE ASSAM GAZETTE. EXTRAORDINARY. OCTOBER 30, 1995 1625

Provided that in case of the Chief Executive Councillor, the resignation shall
be adressed to any one of the Deputy Chief Executive Councillor.

26. (1) The executive powers of the General Council shall vest in the Executive

Powers and
functions of Council.
the Execu-
tive Coun- (2) All orders or instructions made or executed by the Executive Council shall

be deemed to have been made or executed by or under the authority of the General

cil.

Council.

(3) Every order made or instruction issued or resolution passed by the

General Council shall be authenticated by the signature of the Chief Executive
Councillor or in his absence by Deputy Chief Executive Councillor.

27. ( 1) The Chief Executive Councillor shall be the Chief of the Mising Auton-

General
powers of the omous Council and shall exercise such powers and discharge such functions as are
Chief Execu- conferred on him by or under this Act or the rules made thereunder.
tive Council-
lor. (2) The Chief Executive Councillor, shall for the smooth and convenient

transaction of business of the Executive Council allocate among the Executive
Councillors such business in such manner as he may deem fit.

Special pow- . 28. (1) The Executive Council may, in cases where the Chief Executive

er of the Councillor is required to take, in accordance with the provisions of this Act or the

Chief Execu- rules maqe thereunder or any other law for the time being in force, any action sub-

tive Council- ject to the approval of the Executive Council, by a general or special resolution, au-

lor. thorise the Chief Executive Councillor to take such action subject to such condition,

0 if any, as may be specified therein, in anticipation of such approval.

(2) Whenever the Chief Executive Councillor takes any action under sub-
section (1) above, he shall inform the Executive Council forthwith and shall obtain
the approval thereof.

Meeting of 29. (1) The Executive Council shall meet at least once in every three months
Executive for transaction of its business at such place and time as the Chief Executive Council-
Council. lor may direct.

(2) The Meeting shall be convenced by the Chief Executive Councillor by

giving seven clear days notice in writing to each member of the Executive Council.

            - Quorum. 30. The Quorum for transaction of business at a meeting of the Executive

Council shall be three members including the Chief Executive Councillor.

CHAPTER                    - V

THE VILLAGE COUNCIL

Incorporation 31. The Village Council shall be a body corporate having perpetual succession

        - the village and a common seal with powers to acquire, hold and dispose of property and shall

Council. sue or be sued by its corporate name.

32. (1) The Village Council shall consist of 10 (ten) members of which 5 (five)

Constitution seats shall be reserved for the Mising Community out of which at least one shall be
of the Vill- a woman.
age Council.

(2) Every member of the Village Council shall be entitled to such sitting al-

lowances as may be fixed by the Village Council subject to the approval of the Gen-
eral Council and the Government.

_(3) The elected members of the Villa~e Council shall, at the first meeting after_

the elect10n, elect from among themselves, m the manner prescribed, -

(i) One member to be the President who shall also be the Chief of the Village
Council, and

(ii) One member to be the Vice President who shall be the Chief of the Village
Council.


-----

###### I I

1626 THE ASSAM GAZETTE. EXTRAORDINARY. OCTOBER 30. 1995

Terms of 33. (1) The term of office of the Villa,ge Council shall be five years from the
office. date of the first meeting as appointed by the Government after the election of the

I . members unless dissolved earlier under section 68 :
i

Provided that the Government may, if it is satisfied that circumstances exist
which reriderthe holding of election, as provided, impracticable, extend the term for
a period not exceeding one year.

(2) Notwithstanding anything contained in sub-section (1) above, the Presi-

dent or the Vice-President of a Village Council shall cease to hold office as such
forthwith if he, for any reason, ceases to be a member.
(3) Notwithstanding anything contained in sub-section (1) or sub-section (2)
above, the term of the Village Council shall be co-terminus with the General Coun-
cil.

34. { 1) Any member of the Village Council may, at any time by giving notice

Regisnation

in writing addrssed to the President resign his office :

of members .
of the Vill-

Provided that in case of the President the notice shall be addressed to the Vice

age .Council.

President.

(2) Such resignation shall take effect from such date as specified in the notice

or if no such date is specified from the date of its receipt of the office bearer
addressed.

Removal of 35. (1) The President or the Vice-President or both of a Village Council may be
members of removed from office by a resolution carried by a majority of the total number of the

.the Village elected members at a special meeting of the Village Council called for the purpose 0

Cou n cil . upon requisition made in writing by not less than one third of the members of the

Village Council.

(2) The Government after giving an opportunity to an elected member of the
Village Council to show cause against the action proposed to be taken against him
and after giving a resonable opportunity of being heard, may by order, remove him
from the office, if he ---                   -

(a) after his election, is convicted by a criminal court of an offence involving
moral turpitude punishable with imprisonment for any period exceeding six month ;
or .

(b) incurs any of the disqualifications mentioned in section 54 after his elec-

tion as member of the Village Council ; or

(c) is absent from three consecutive meetings of the Village Council.

(3) Any member of the Village Council who is removed from the office under

sub-section (2) above, may within thirty days from the date of the order, appeal to
such Judicial Authority as the Government may prescribe and the authority so pre-
scribed, after admitting an appeal may, after complying with the normal and funda-
mental principles of Judicial Proceedings, pass such order or orders either confirm-
ing. or modifying or setting aside the order appealed against and the final disposal

of the appeal, may pass such other interlocutory order or orders including stay of
operation or the order appealed against.

(4) The order passed by the Judicial Authority referred to in sub-section (3)

above, on such appeal shall be final.

Filling up of          - 36. Any vacancy in the office of the President or Vice-President by reason of
vacancy in death, resignation, removal or otherwise, shall be filled up within one month from
the office of the date of occurrence thereof, from amongst the elected members of the Village
the President Council in the same manner as has been provided in section 32 for the election of
or the Vic:e- · th~ President or the Vice-President, as the case may be.

         - President.

37. (1) The President and the Vice-President shall be whole time functionaries

Salaries,

and shall be paid out of the Village Council fund such salaries and allowances as

allowances

may be prescribed.                 -

and oth,er
emoluments.

(2) The other terms and conditions of service of the President and the Vice-

President shall be such as may be prescribed.


-----

# I


. THE ASSAM GAZETIE; EXTRAORDINARY. OCTOBER 30. 1995 : ' 1627

**Powers, func-** . 38. (1) The President of the Village Council shall be responsible for the mafo-

. tlom and du- tenance of records of the Village Council, for the administrative control and supervi-

**ties** **of** **the** . sion of all officers and employees in the Village Council.
**President and**
**Vice-** (2) The President shall exercise such powers, discharge such duties and per-
**President.** form such functions as may be ·entrusted by the Village Council. I

###### I

(3) The Vice-President of th~ Village Council shall exercise such of the pow-·' i

ers, perform such of the functions and discharge such of the duties of the President . · l

as the President may, from time to time subject to th~ rules, if any made in this be-· · ~ '                -
half by the Government delegate to him in writing.                - · I

                 - '(4) Notwithstanding anything contained in the foregoing sub-sections, nei-

ther the President nor the Vice-President shall exercJse such powers, perform such

function~ or discharge such duties as may be requirejl by the rules made under this

. Act to be exercised, performed or discharged by the ~Ulage Council at a meeting. I

' _(_ J

###### I I•

39. (1) The Village Council shall meet at least once in every month for transac-

**.Meetln&** **of**

tion of its business.

**the VIiiage**

. Council.·

(2) The meeting of the Village Council shall be held at the office of the

               - Village Council or at such other convenient place at such time as may be notified by
the President :

Provided that the first meeting of the Village Council after the election shall

              - · be held on such date and time as may be appointed by the Government.

**Oath** **of** **amr-** 40. Every member of the Village Council shall before taking his seat, make and
subscribe, before such person as may be appointed by the Governor in his behalf,

**matio.n.** an oath of affirmation in the manner and form as may be prescribed.

41. The Quorum necessary for transaction of business at a meeting of the
. Quorum. Village Council shall be 4 (Four) members and the decision of the Village Council

###### ...

shall be by a single majority of votes of the members present.

42. (1) There shall be an office of the Village Council at such place as may be

**OMce** **of** **the** determined by the Village Council with the approval of the Government.
**VIiiage**
**Council.** (2) The Government shall, in consultation with the President of the Village
Council, appoint a Secretary to the Village Council.

.. · (3) The .Secretary to the· Village Council shall be the Chief Executive of the · ··.

Village Council and shall act under the direction and control of the President.. All               -

other officers and staff shall be subordinate to him. ·

                  - · · ( 4) The Secretary shall be present and take part in the discussion of all meet- ..

ing of the Village Council or any Committee of the Village Council and may with the ·

.. consent of the President or any other person presid},ng over such meeting for the . I

: tinie beirig; as the case may be, at any time make a statement or give explanation of
the facts and circumstances but shall not be entitled to vote in any such meeting.

                 - (5) The Government may, in consultation with the President, depute such
other officers or experts, as may be required to assist the Village Council on such
terms and conditions as may be determined by the Government.

. ( 6) The Government may, from time to time, post such other officers or staff
as may be required so as to meet the exigencies but while making such position due

              - regard may be given to the views of the Village Council.

(7) All ·Officers and staff posted in the Village Council office shall be
accountable to the Village Council for their performances and assessment of their
works recorded by the Village Council shall be incorporated in their Annual
Confidential Reports by the Government.

. (8) Notwithstanding anything contained in any of the foregoing sub-sections
the Government may at any time', in consultation with the President, withdraw the

              - Secretary or any other officer or staff posted or appointed by it in the office of the
Village Council.               - .


-----

1628 · THE ASSAM GAZETTE. EXTRAORDINARY. OCTOBER 30 . . 1995

###### CHAPTER· VI

POWERS AND FUNCTIONS OF THE VILLAGE COUNCIL

Subject to be . . ·. 4~. Notwithsta~ding anythi~g contained in any oth~r law or ~les fo~ the time

       - under the eon- bemg m force, . the Village Counctl shall have the executive power m relation to the

trol aad ad·        - Village Council Area over the following subjects ;

mlnlstr1Hlon .

1. Agriculture including Agricultural Extension,

of the Vllla1e

2. ·Animal Husbandry, Dairy Development and Poultry.

     - ouadl.

3. Fisheries,                   -

4. Social and. Farm Forestry/Minor Forest produce, fuel & fodder, ·

_5._ Khadi, Village & Cottage Industries,
6. Rural Housing,

                   - · f 7. Drinking Water, . .

8. Road, Building, culverts, bridges, tunnels, waterways and other means
of communication,
9. Rural Electrification,

10. Nonconventional Energy ~ources,
11. Poverty alleviation programme, , l
12. Education including Primary Schools,
13 .. :Adult & Non-formal Education,

14, Libraries,                   -

15. Cultural Activities,
16. Markets and Fairs,
17. Rural sanitation,
18. Public Health & Family Welfare,
19. Women & Child Development, .

20. Social Welfare including Welfare of Handicapped & mentally retarded,
21. Welfare of weaker section and in particular the SC/ST,                  -

-~ 22 .. Public Distribution System, .                 -

                 - 23., Maintenance of community assets, .

                 - 24. Construction and maintenance of Dharamasalas and similar institutions,
25. Construction and maintenance of cattle sheds, pounds, and cart stands,
26. Maintenance of Public parks and play grounds,                 -

. , 27. Construction and maintenance of slaughter houses,

'              - 28. Maintenance and regulation of manure,

29. Such other functions as may be entrusted by the Govt. from time to time, ·

44. Subject to the general policy of the Government and subject to the general

     - Other matters

. control and supervision of the General Council, the Village Council shall -

t~ be under
the control a

(i) formulate integrated development plans for the Village Council area,

lid•l•l•tratlon
of the Vllla1e

(ii) implement schemes and programmes for the development of the Village

Counell.

                              - Council· Area,

(iii) have powers to appoint Class-ID and Class - IV staff of the Village ·

Council,

(iv) have powers to regulate trade and commerce within the Village Council
Area in accordance with the existing laws including issue of permits or
licences to indivi.duals within the Village Council Area,

. (v) guide customs and traditions and social justice of the Mising Commu-

. nity according to their traditional laws; and .

(vi) allot permits for trade and commence to the people residing in the Village

. Council Area preference being given to the Mising Community.· ·

Power. to       - 45. (1) Subject to the provisions of any other laws for the time being in force : !

' ·Impose levy . and subject to the previous approval of the General Council, the Village Council

and taxe1. · shall have the power to collect within the Village Council Area such taxes as are

payable under the law for the· time being in force in the manner as may be

' ~.'
prescribed : .                 - · .                 -

Provided that the tax or taxes as aforesaid shall be collected from such date as
may be appointed by the Government by notification in this behalf in the Official

Gazette. : · .

' !


-----

1630 THE ASSAM GAZETTE. EXTRAORDINARY, OCTOBER 30. 1995

Power to       - 49. Notwithstanding anything contained in section 48 above the Government

amend or may, by order published in the Official Gazette, alter or amend the order made under

alter delimi- section 48 :

. tatio1_1.

Provided that no such order shall be made after the commencement of the
election process.                -

50. (1) Subject to the provisions of this Act and the rules made thereunder, so

much of the electoral roll for the Assembly Constituency in force on the last date of
nomination, as is relatable to a Village Council Constituency, as defined in clause
(b) of section 2, shall be the electoral roll for that Village Council Constituency.

(2) The Electoral rolls of the Village Council Constituencies as are relatable

to a constituency or the General Council, as defined in clause (b) of section 2, shall
be the electoral roll for the constituency of the General Council.

(3) Persons whose names are included in the electroal roll as aforesaid in

sub-section (1) or (2) above, shall be the electorate for the election of members of

              - the. Village Council or the General Council, as the case may be.

(4) The Government shall at the time and in the manner prescribed, cause to

. be published the electoral roll in respect of a constituency.                -

51. (1) Save as otherwise provided in this Act every person whose name is en-

.. Right to tered in the electoral roll for the time being in force, of any constituency shall be en-
vote. titled to vote in that constituency.

(2) No person shall vote at an election in any constituency, if he Central Act

is subject to any of the disqualifications referred to in Section 10 of the 43 of 1951.
Representation of People Ordinance, 1951.

(3) No person shall vote in more than one constituency.

( 4) No Person shall vote in the same constituency more than once.

(5) No person shall vote at any election if he is confined in a prison, whether
under a sentence or imprisonment or otherwise or in the lawful custody of police :

Provided that nothing in this sub-section shall apply to a person subjected to

preventive detention under any law for the time being in force.

52. Election of members shall be held in accordance with the rules made under
Election of section 60 and the first election for the purpose of constituting the General Council
Members.      - and the Village Council shall be held on such date or dates as the Government may

direct in consultation with the Interim Mising Executive Council referred to in
Section .80.

53 . . A person shall be qualified to be elected as member or either to the Village

Qualification Council or the General Council if he is an elector as defined in clause (f) of sec-
for member- tion 2 .

. ship of Vil~

lage Council
or General

      - Council. 54. (1) A person shall not be qualified for being elected either to the Village
Disqualificati Council or the General Council, if -
on for mem-
bership of (a) he is not a citizen of India ;
Village
Council for (b) he is less than 18 years of age on such date . as may be fixed by the
General Government, or
Council.

(c) he has been elected to any Municipality, Panchayat within the State of As-
sam; or

(d) he is in service of the Central or State Government, Municipality

.. or other authority ;


-----

THE ASSAM GAZETTE. EXTRAORDINARY; OCTOBER 30. 1995 1631

( e) he has either directly or indirectly by himself, or by the person or
employer or employee, any share or interest in any contract with, by or on behalf of
the Village Council, General Council or a Municipality or Panchayat within the
Council Area :

Provided that no person shall be deemed to be so disqualified

Central Act

by reason only of his having a share or interest in a public company,

of 1956.

as defined in the Companies Act, , 1956, which contracts with
or is employed by a Municipal Authority or Panchayat within the
Council Area ; or               -

(f)'he has been dismissed from the service of the Central or

State Government or a local authority or a co-operative society or a Central Act

. Government Company as defined in the Companies Act, 1956 of 1956.
or a Corporation owned or controlled by the Central or the State
Government for misconduct involving moral turpitude and five
years have not elapsed from the date of such dismissal ; or

(g) he has been adjudged by a competant court to be of unsound mind ; or                  -

(h) he has been convicted by a court of an offence involving Central Act .
moral turpitude punishable with imprisonment for a period of more· No. 43 of
than six months or an · offence under Chapter IX A of 19SL

the Indian Penal Code or Chapter III, Part III or Part VII or the
Represntation of peoples Act, 1951. and five years have not elapsed
from the date of expiration of the sentence :

Provided that a person shall not be disqualified under this section, by reason

only of his being a member, President or Vice-President of the Village Council or a
member, Chief Executive Councillor or Executive Councillor of the General

                   - ~ Council.

       - o Filling up of 55. Where the office of any member becomes vacant by reason of his death,

vacancies. resignation, removal or otherwise, the vacancy shall be filled by election in
accordanee with the provisions of this Act and the rules made thereunder.

56. Where the members elected at an election are restrained from functioning

      - · Validation.

              - on account of the election as a whole being set aside by order of a court, anything
done or any action taken by such members before they are so restrained or before
the election is so set aside as the case may be, shall be deemed to have been validly

. d.one or taken.

Publication 57. The name of all persons elected to Village Council and the General Council
of results of shall be published by the Government in the Official Gazette and upon such publica- .
elections. tion, the Village Council and the General Council shallbe deemed to have been duly

constituted;

      - Vacation of 58. If an elected member is choosen to be member of Parliament or the State
post. Legislature, and of the General Council in case of a member of the Village Council,

then at the expiration of fourteen days from the date of publication in the Gazette of

              - I.ndia or the Official Gazette, as the case may be, of the declaration that he has been
so choosen, the seat of such member in the General Council or the Village Council,
as the case may be, shall become vacant unless he has previously resigned his seat
in the Parliament, or the State Legislature or the General Council as the case may be.

59. (1) No election shall be called in question except by an election petition

Disputes
regarding 'presented in such manner as may be prescribed and before such authority as may be
electlo.n. appointed by the Government, from time to time, by notification in the Official

Gazette:

Provided that no person below the rank of Assistant District Judge, in case of
member of Village Council and District Judge, within the meaning of Article 236 of
the Constitution, in case of member of the General Council, shall be appointed for
the purpose.               -

(2) No electfon shall be called into question except on any one or more of the
following grounds, namely :- .

(a) that on the date of his election the returned candidate was not qualified or


-----

1632 THE ASSAM GAZETTE. EXTRAORDINARY. OCTOBER 30. 1995

was disqlialified to be choosen to fill the seat in the Village Council or the General
Council, as the case may be ;

(b) That conupt practice has been committed by the returned candidate or his

election agent or by any other person with the consent of the returned candidate or
his election agent.

Explanatio n. For this purpose, 'corrupt practice' shall mean any of the Central Act

conupt practices specified in section 123 of the Representation of No. 43 of
Peoples Act 1951 1951.

( c) that any nomination has been improperly rejected ;

(d) that the result of the eledion in so far as it concerns the returned candi-
dates has been materially affected ---

(i) by the improper acceptance of any nomination ; or

(ii) by any corrupt practice committed in the interest of the returned candidate

by an agent other than his election agent ; or

(iii) by improper reception, refusal or rejection of any vote ; or
(iv) by reception of any vote which is void ; or
(v) by any non-compliance with the provisions of this Act, or of any

rules or order made thereunder.
(3) At the conclusion of trial of any election petition, the authority appointed

under sub-section ( 1) shall make an order -               -

(a) dismissing the election petition ; or
(b) declaring the electon of all or any of the returned candidates to be void ;

or
( c) declaring the election of all or any of the returned candidates to be vo.id

and the petitioner or any other candidates to have been duly elected.

( 4) If a petitioner, in addition to calling in q•1estion the election of a returned

candidate, makes a declaration that he himself or any other candidate has been duly
elected and the authority under sub-section ( l) _is of the opinion that -_

(a) in fact the petitioner or such other candidate has received the majority

votes, or

(b) but for the votes obtained by the returned candidate by conupt practice the
petitioner or such other candidate would have been obtained the majority of the val-
id votes, the authority as aforesaid shall, after declaring the election of the returned
candidate to be void, declare the petitioner or such other candidate, as the case may
be to have been duly elected.

Powers to 60. The Government may, by notification in the Official Gazette make rules to
make rules regulate all or any of the following matters for the purpose of holding election to the

. regulating Village Councils and to the General Council under this Act,:-

the . electfon
of members. (a) the designation of the Officer or authority to whom the power to deter-

mine the territorial limits of the constituencies under the sub-section (2) of section
48 may be delegated and maintain the electoral roll under section 50 ;

(b) the appointment of Returning Officers, Presiding Officers and Polling Of-

ficers for election ;

( c) the drawing up of programme for election ; .

( d) the nomination of candidates and scrutiny of such nominations ;

( e) the deposits to be made by the candidates and the time and manner of
making such deposits ;
(f) the withdrawal of candidature ;
(g) the appointment of agents of candidates ;
(h) the filling up of casual vacancies ;
(i) the general procedure at the election including the time, place and hours of

poll and the methods by which votes shall be cast ;

U) the fee to be paid on election petition ;
(k) any other matter relating to election or election disputes in respect of

which the Government deems if necessary to make rules under this section or in re-
spect of which there is no provision in this Act or the provision is insufficient and
in the opinion of the Government, adequate provision is necessary.


-----

THE ASSAM GAZETTE. EXTRAORDINARY. OCTOBER 30, 1995 1633

CHAPTER -VIII

FUNDS, AUDIT AND BUDGET

General 61.(1) There shall be two funds to be called respectively the General Council
Council Fund Fund, meant for the . General Council and the Village Council Fund meant for the
and Village
Council .Fund .. Village Councils.

(2) Each fund as aforesaid shall be under seperate Sub-Heads within the state

budget to be held for the purpose of this Act and all moneys realised or realisa-
ble under this Act and all moneys otherwise received by the General Council or the
Village Council, as the case may be, shall be credited to its respective fund.

(3) The Government shall provide funds to the General Council Fund and the

Village Council Fund from the Tribal Sub-Plan and other resources in accordance
with the appropriate formulas to be worked out keeping in mind the resources of the
Government, priorities or development works in other areas including other tribal
areas alo~g with other relevant deciding factors.

(4) The following shall be deposited to the Village Council Fund:-

(a) Contribution and grants received from the Govrnment.
(b) Contribution and grants from the General Council.
(c) All receipts on account of donation, rates, fees, taxes etc.
(d) All other sums received by or on behalf of the Village Council.
( e) Land Revenue and local rates, if any, on land including Tea Garden,

which falls in the Village Council Area.

(5) The allocation niade under these Sub-Heads shall be in keeping with the

guidelines laid down by the Government of India from time to time in the spirit of
the Constitution of India.

(6) The Government shall not divert the fund allocated under these Sub-

Heads except in exigencies of when there is unavoidable budget deficit.

(7) All funds, as may be allocated by the Central Government or the State

Government for the General Council or the Village Council, as the case may be,
shall be assigned to it and shall be credited to the General Council Fund or the Vil-
lage Council Fund, as the case may be.

(8).The General Council or the Village Council, loans by as the case be sub-

ject to the provisions of loans by any law relating to the raising of local authorities,

may raise with the approval of the Government loans for the purposes of this Act
and. create a sinking fund for the repayment of such loan.

(9) The money credited to the General Council Fund or the Village Council

Fµnd shall be applied for the payment of all sums, charges and costs necessary for
carrying out the purposes of this Act.

(10) No payment shall be made out of the General Council Fund or the

Village Council Fund unless such expenditure is covered by a current budget grant :

Provided that the General Council or the Village Council as the case may be,

may make payments in terms of refund of deposits by contractors or for urgent
works undertaken in an emergency or when required by the Government in the
interest of the public or under the decree or order of a civil or criminal court against
the General Council or the Village Council, as the case may be, and for such other
cases as may be prescribed :

Provided further that such expenditure· shall be reported to the General

Council or the Village Council, as the case may be, for taking such action under the
provisions of this Act as may appear to it to be feasible for covering the amount of
such pay~ents.

(11) Surplus moneys standing at the credit of the General Council or the

. Village Council, as the case may be, at the end of the Financial Year, shall be

invested in accordance with such bye-laws as may be made by the General Council,
in this behalf :


-----

1634 THE ASSAM GAZETTE. EXTRAORDINARY. OCTOBER 30. 1995

Provided that no funds standing at the credit of the General Council or the
Village Council, as the the case may be, shall be lapsed but shall be carried over to
the budget of the next financial year.

(12) The General Council shall make bye-laws for the management of the
General Council Fund and the Village Council Fund and for the procedure to be fol-
lowed in respect of payment of money into the said funds, withdrawal of moneys
therefrom, the custody of the moneys therein and any other matter incidental thereto
or connected therewith.

(13) The accounts of the General Council and the Vi111age Council shall be
kept in such form and manner as may be prescribed iri consultation with the
Accountant General, Assam .

. 62. Subject to the provisions of the Comptroller and Auditor General's Central

Audit. (Duties, Power and Conditions of Service Act, 1971 and the rules and the Act 56 of

197
orders made there under, the audit of the accounts of the General 1.
Council shall be entrusted by the Governmentto the Comptroller and Audi-
tor General of India who may submit to Government such report theron as it may
fit. The Government shall transmit the report to the General Council and the Village
Councils for discussion and consideration. The General Council and the Village
Councils shall return the report to the Government with comments, if any, the Gov-
ernment shall lay such report along with the comments of the General Council and
theVillage Councils before the State Legislature.

63. (1) The General Council shall at such time and in such manner of its esti-
mated receipts and disbursements for the following financial year and submit it to the
Government by 1st November ofthe current financial year. The Village Councils
also shall prepare its budget in the like manner and shall submit the same to the Gen-
eral Council for Consideration and onward transmission to the Government on or
before the 1st October of the current financial year. ..,

1 '

(2) The Government may within such time as may be prescribed, either

###### . I approve the budget or return it to the General Council or the Village Council con-

cerned, as· the case may be, for reconsideratoin on the observations of the Govern-
ment, if any. The General Council or the Village Council concerned as the case may ·

. be, shall thereupon resubmit the budget along with its comments on the observations
and if the approval of the Government upon such submission or resubmission as the
case may be, is not received by the budget shall be deemed to have been approved
by the Government.

(3) No expenditure shall be incurred unless the budget of the Village Council
as well as the budget of the Village Councils are either approved or deemed to have
been approved by the Government.

**CHAPTER**                    - IX

I . . MISCELLANEOUS

. Effect of . 64. All the bye-laws, regulations made, orders passed and notification issued
bye-law, etc. · under this Act by the General Council or the Executive Council or the Village Coun-

cils as the case may be shall be subject to maintenance of security and safety of the
State of Assam and Government shall have the powers to take such steps as may be
deemed necessary for the purpose.

Power to issue 65. The Governmet shall have the general power to issue instructions from time

instruction. to time for- the purpose of implementation of this Act.

.J.

          - rotection of 66. All rights and interest of the non-tribal citizens and other ethnic groups oth-
the right of the er than the Mising Community within the Council Area as exist at the commence-
non-tribals and
other ethnic ment of this Act, in matters partaining to their language, literature, culture, religion,
group. customs and traditions, trade and Commerce, Industry, land, etc. shall be protected.

Properties situ- . 67. (1) Subject to such restrictions as the Government may impose, all proper-
ated in the ties specified below and situated in the Council Area shall vest in and belong to
Council Area. General Council, namely:-


-----

THE ASSAM GAZETTE. EXTRAORDINARY. OCTOBER 30. 1995 1635

(a) All public buildings constructed or maintained out of the General Council

. Fund.

(b) All public roads which have been constructed and maintained out of the

General Council Fund and stones and other materials thereof and also trees, erec-

###### l.

tions, materials, implements and things provided for such roads;

( c) All land and other properties movable and immovable transferred to the

General Council by the Government.

. ( d) Such properties owned and controlled by the Municipality or the Panchay-

. at as may be assigned to the General Council by the Government.

. · (2) Notwithstanding anything contained in sub-section (1) above all the prop-
erties specified in sub-section (1) and constructions and maintenance of which has
been done out of the Village Council Fund shall vest in the property is situated.

(3) The properties vested under sub-section (1) or (2) above and all the prop-
erties which become vested in the General Council, as the case may be, shall be un-
der the management, direction and control of General Council or the Village Council
concerned as the case may be.                -

68. (1) The Governor may, if he is statisfied, on receipt of a report or other-

Dissolution of

. General Council wise and in consultation with the Judicial Department of the Government.that a situa-

. Executive tion has arisen in which the administration of the Council Area cannot be carried out

Councils, &

in accordance with the provisions of the law for the time being in force or the general

Village Council.

or the special instructions issued by the Government from time to time, by notifica-
tion in the Official Gazette, dissolve the General Council, the Executive Council and
the Village Council before the expiry of the term and assume to himself all or any of
the powers and functions of the General Council, the Executive Council and shall ·
be exercised by such persons or authority as may specify in this behalf for a period
not exceeding six months at a time.

(2) Every order made under sub-section (1) above shall be laid before the

State Legislature for approval and unless approved by the State Legislature shall
cease to operate on the expiry of thirty days from the date on which the Assam
Legislative Assembly first sits after the issue of the orders.

Effect of 69. When an order of dissolution is made under section 68, with effect from
dissolution. the date of orders :-

(a) All the members of the General Council, the Executive Council and the
Village Councils shall vacate their offices ; and

(b) all powers and duties, functions of the General Council, the Executive

               - Councils and the Village Council shall be exercised, discharged and performed by-
such authorities or persons as may be appointed by the Governor in this behalf.

Special provision 70. The Government shall consult and give due regard to the views of the Gen-

for Council eral Council before any law is made and implemented in the Council Area on the
Areas.
following subjects, namely :-

(i) the religious and social practice of the Mising Community ;

(ii) the customary laws and procedures of the Mising Community ;

(iii) ownership and transfer of land within the Council Area ;

Reservation for 71. Subject to the provisions of the law for the time being in force the General

services. Council shall have the power to reserve jobs for the Scheduled Tribes within its

jurisdiction.

Members, offi- 72. The Chief Executive Councillor, Deputy Chief Executive Councillor the

cers and employ- Executive Councillorof the General Council and the President and the Vice-

::~::n~!; public Presi~ent of th~ Village Counci.l shall be deemed to be public servants within the
meanmg of section 21 of the Indian Panel Code.


-----

1636 THE ASSAM GAZETTE. EXTRAORDINARY. OCTOBER 30. 1995

Validation. 73. No act or proceedings of the General Council or the Executive Council or

the Village Council, as the case may be, shall be deemed to be invalid merely by
reason of existing of any vacancy therein or any defect or irregularity in the con-
stiution thereof.

_I_

Immunity. 74. No suit or other legal proceeding shall lie against the General Council or

the Executive Council or the Village Council or any member or officer or employee
thereof for anything done in good faith or intended to be done in pursuance of this
Act, or any rules or bye-law made thereunder.

Interpretation. 75. If any question arises as to the interpretation of this Act or the rules made

thereunder the same shall be referred to the Government whose decision thereon
shall be final.

Removal of 76. If any difficulty arises in giving effect to any provision of this Act, the
difficulties. Government may, bye order, do anything not inconsistent with the provisions of

this Act as may appear necessary or expedient for the purpose of removing the diffi-
culty.

Special status. · 77. The General Council shall, within the law for the time being in force, take

steps to protect the demograghic complexion of the areas falling within its jurisdic-
tion.

Application of . 78. If any provision of the bye-law made by the General Council is repugnant

Act of tlie Legis- to any provision of the law made by the Legislature of the State of Assam, with

                - Iature of the respect to that matter then the bye-laws so made, whether before or after the laws
State.

made by the Legislature of the State of Assam, shall to the extent of repugnancy be
void and the law made by the Legislature shall prevail.
79. (i) Every rules made under this section shall be laid as soon as may be after
it is made before the State Legislature, while it is in session for total period of four-
teen days which may be comprised in one session or in two or more successive ses-
sions and if before the expiry of the sessions immediately following the session or
the successive sessions aforesaid, the State Legislature agree in making any modifi-
cation in the rule or the State Legislature agrees that the rule should not be made, the
rule shall thereafter have effect only in such modified form or be of no effect, as the
case may be :

Provided however, that any such modification or annulment shall be without

prejudice to the validity of anything previously done under the rule.

Transitional . 80. The Government shall, as soon as possible, take steps for the constitution of _l_
provisions. an Interim Mising Executive Council by nomination until the General Council is con-

stituted under this Act. The Interim Executive Council by nomination until the Gen-
eral Council shall, in addition, look after the duties of the Village Councils till the
same are constituted under this Act.

Saving. 81. Nothing in this Act shall affect the applications of any law, whether made

before or after this Act, to the Council Area unless such law specifically provides
for exclusion of the Council Area of such application.

Explantation :-

For the purpose, of this section 'Law' shall, include any enactment, Ordinance,

regulation, order, bye-law, rules, scheme, notification or other instrument having
the force of law.

Repeal and 82. (1) The Mising Autonomous Council Ordinance, 1995 Assam ~dtI
savings

(Assam .. Ordinance No. VI of 1995) is hereby repealed. . ~:nf;9s . o.

(2) Notwithstanding such repeal anything done or any action taken under
the said Ordinance shall be deemed to have been done or taken under the corre-
sponding provisions of this Act.

M. K. DEKA,

Joint Secretary and i I c Secretary to the Govt. of Assam,

Legislative Department.

GUWAHATI- Printed & Publish by the Dy. Director (P&S.) Directorate of Ptg.& Sty., Assam,

. \-~~· . ,.·" ~-,~\ ~.: ~1.:. .. f°'::-:~;;·:-. ! ~ ... :: ,·'•'•:·' ~.;.; ~- .·(!°".;:~1:,:~:z·: :~~~ ,#~.::;~-=·<.;.. -                                           - .\....... _--;                                           - ... ~ _,:; .. ~~~-~~· 1_


-----

