The Lalung (Tiwa) Autonomous Council Act, 1995
###### Registered No. A·12

 THE ASSAM GAZETTE

~~Cf

###### EXTRAORDINARY

~I~ ~':1-1 ~RI ':f<l'lPRl

###### PU£3LISHED BY AUTHORITY

... ---- --·----··----------- ----·------ --- ·-.. ------ --

## t -.:·· :n 1 \~ •1T'I , 0!1"•F1T~, 30 \!l<flCV1<f1 1995, s -<tqfu;, 1917 C-•l«f.)

~ '

1<c1. 2·) 1 Ui :;p'.t l', 0.Irn1ckiy, 30th Oct, 1995, Sth K~rtika, 1917 (S.E.)

                          - --· ··- · . .                          - ·--· ------------ --·- - ---- ----------------·- -- -

(10\'ERNi\·lENT OF 1\SS/\M

CW,DL!\S DYTllEGOYERNOR

1.r'.Cl lSLATlVE DEPJ\RT.~\'lENT: LECJISLATlVE DR/\NC[l

###### ---------------------

N 0·1·1 FI C,\'l'l 0 N

Ti h~ 30th Oc !. 1995

###### No.LGL.51/95/233. -The foll owj11g Ad of ihc Ass:1111 Lq;i :;l:\\i \T

f's:$~·mbly whic\i received the :1 ssc11 t ol' 1\\c Ciovornor is hc1\'by 1•uh-
\is!;c-d for gf:'r~er<1 l i1i!'orrn:1ti o11.


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1578 THE ASSAM GAZETIE, EXTRAORDINARY, OCT. 30, 1995

ASSAM ACf NO. XXV OF 1995
(Received the assent of the Governor on 27th October,
1995)

THELALUNG(TIWA)AUTONOMOUSCOUNCIL

ACT, 1995
AN
###### ACT

To provide for the establishment of an administrative
authority in the name and style of "THE LALUNG (TI\V A)

AUTONOMOUS COUNCIL" and for certain matters inci-
dental thereto and connected therewith.

Preamble. Whereas it is expedient to provide for the establish-

ment of a Lalung (Tiwa) Autonomous Council within the
State of Assam with maximum autonomy within the frame-
work of the Constitution, comprising of the satelite areas of
Village Councils formed out of blocks of contiguous
revenue villages, each having more than 50% population of
Lalung (Tiwa) community, without having any compact

### t

area for social, economic, educational, ethnic and cultural
advancement of the Lalnng community residing therein.

It is hereby enacted in the Forty-sixth Year of the Re-

public of India, as follows:-

CI-lAPTER - I

PRELIMINARY

###### l. ( l) This Act may be called the Lalung (Ti wa)

Short litlc,

Autonomous Council Act, 1995.

extent anti

C 0 Ill Ill C Ill: C (2) It extends to the whole of the State of Assam.

mcnt.

(3) It shall be deemed to have come into force on the

###### l Jll1 day of July, 1995.

_2._ In this Act, unless the context otherwise rc-

J) c Ii ll i ·

liu11s. <l u 1 res -

(

###### (n) 'bye-law' means tile bye-law framed by the

Gc11e1<1l Council;


-----

TH.E ASSAM GAZE1TE, EXTRAORDJNARY. OCT. 30 1995 1579

(b) 'Constituency' means a constituency referred to in
section 48;
(c) 'Constitution' means, the Constitution of India;
(d) 'Co uncil Area' means the Lalung Autonomous
Council Area ;

(e) 'Elector' in relation to a constituency means a per-

son whose name is entered in the electoral roll of that con-
stituency ;

(f) 'E xec utive Cou11cil' means the executive body or
th e Ceneral Council of the Lalung Autonomous Council

consti tuted under Section 3(3) and 24 ;
(g) 'Gaon Panchayat', 'Anchalik Panchayat' and 'Zila Assam

Parishad' have the same meaning as defined in the Assam Acl
Pnnchayat Act, 1994; XYlH or

1994.

(11) 'General Coun cil' means the General Council of

the Lal ung Auto nomous Council referred to in section 3 ;

(i) 'General Council Fund' and 'Village Council Fund'

means the fu nds constituted under sec tion 61 ;
(j) 'Government' means the State Government of
Assam;

(k) 'Governor' rne~u:s the Clovcrnor of Assam;

#### t (!) 'member' means a member of the Vil1 Hge Council

or the General Council of t!Jc Ex ecutive Council , ns the case

may be ;

(rn) 'M un icipa li ty' has til e same mea11i ng as in th e .\ssa111

Assam Tviunicipal Act, 1956; Act

XV of
1957.

(n ) 'notification' m,:ans the notification issued under

thi s t\c: r ;

(o) 'Official Gazette' means the Official Gazelle uf

A::sam; _

_(p_ _) 'prescribed' means_ prescribed by rules made under

lh i.s Act;

(q) 's;1tellite area' means tile area of different reven ue

\'il!aecs:

'"'<r) 'Village Council' me<111s the Villrrgc Counci l rc-

r._:1 i",'d !O in SCCl ;Oll 'I; ill lll ·

(s) 'Vlllagc Co uncil Arca' 111 c a11 :-; th e area declared to

Ix: liic urea of a Villn gc Co11 nc il by th e CJO\'Cnuncnt by no:i -

Jic.ltiCi!l in til e Offici:1 l (.Jazc tt c.

Lal1111 ~: .\11 . 3. (l) There shall be an autono mo us council to be

t11110111ou ~; cdl cd !lls l,a lung J\utono 111ou s Council within the S1:11e of

Coul!Cil. 1\ s:::1m compris in g of tile ;m~as of the Vill : 1 ~ c O rn11cils a~>


-----

###### 1580 THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 30. 1995 .

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

 (2) The Lalung Autonomous Council sh,all have maxi- mum autonomy within the frame-work of the Constitu- tion.

(3) The Lalung Autonomous Council shalfhave a

1
###### General Council and an Executive Council as provided
 hereinafter.

Vllluge 4. (1) There shall be a Village Council for eac.:b block

###### c ou n c 11. of villages, each village having 50% or more Lalung popu- lation.

(2) Each Village Council area shall consist of approxi-

###### mately 6000 to 8000 population.

(3) For the purposes of sub-section (1) above, there
###### shall be as many Village Council as may be specified by the Government by notification in the Official Gazette.

 CHAPTER-II THE GENERAL COUNCIL

l ncorpnra - :'i . The General Council shall be a body corporate liav-

llon of lln• ing perpeltlal succession and a common seal with powers to
(; l'llCl 0 :ll acquire, hold and dispose of properly and to contract :md

Cou11•il. sllall 'SllC or be sued by its corporate name.

Cousl i Lu - 6. (1) The General Council shall consist of 30 (thirty)
tlo11 of fl; 1_·

###### 11tclnbcrs of which 26 (twemy six) shall be direct!); elected

Gcucrn I

~!nd                     - (four) shall be nominated by the Government from

###### c () 11 IJ cl l.
 :i: ;1 u11gs1 the groups of communities residing in the Council
_1\ t\~ ;~ and_ not otherwise represented in the General Council.

(Out of 30 seats 15 scats shall be reserved for L:llung
##### J

co111:;n1 11ity and out of 15 rescrved·scats, at least 3 (three)

sc;•ts sli1i!l be reserved for women.)

###### J..J The Members of Parliament, and the Members of
 the Legislative Assembly, Assam belonging to Schcdnlecl
 Tribes Reserved Constituencies of the Council Area shall l>c
ex -0fficio members of the General Council.

###### . '·


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\ ,, '

THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 30 .. 1,995 1581

                                      -
1[,][PJEvery ][member ][of ][the General Council shall be enti-]

tlecrto 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 tbe election, for tbe purpose of con-
stitution of the Executive Council, elect from amongst
themselves, in the manner prescribed, -

(i) One member to be the Chief Executive Councillor

_1_

'-; who shall also be the President of the General Council, and
###### ( (ii) Three Execu1ivf~ Councillors.

Tenn or 7. (1) The term of office of the General Council shall

###### om cc. be five years from the date of the first meeting as appointed
by the Government after the election of the members, un-
less dissolved earlier tmder section 68.

(2) Notwithstanding anything contained in sub-section
(1) above, th e Chief Executive Councillor or the Executive
Councillors shall cease to hold office as such forthwith if
he, for any reason, ceases to be a rnernber.

(3) Notwithstanding anything contained in sub-section
(1) the Governor may, if he is satisfied that circumstance
exist which render the holding of the election, as provided,

impracticable, extend the term for a period not exceeding of
one year.

**H.esigna -** 8. (1) Any member of the General Council may, at any
ticn of Lime by givi11g noticr>, in writing addressed to the Chief Ex-
me1111Jcrs i~Ct1tivc Councillor, resign his office:
uf U1c Provided that in case of the Chief Executive Council-
General lor, the notice shall be addressed to any of the Executive
Council

Councillors.

(2) Such resignation shal! take effect fr~1m such date as

specified in the :1oticc or if no such date is specified, from
the date of its receipt by tile office bearer addressed.

ll.ci;\1;1·:11 9. (1) The Cl1iefExecutive Councillor or the Executive

o 1· 1'1clll- Councillors or any 011c of them or all of them may be re-

b crs or moved ~-rorn office by a resolution carri.ed by a major;ty of

c '.'ll\'l':\ ! the toial number of the elected members at ;1 special meeting
C U!l ll \ i I.

###### -- )• .

.. ~


-----

###### 1582 THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 30. 1995 of the General Council called for the purpose upon a requi-
sition 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 im-
prisonment for any period exceeding·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 re-

1novccl 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 0r orders either con-

firming or modifying or setting aside the order appealed
:i gai11 st and pending the final disposal of the appeal may

pass suclt other interlucatory order or orders including stay

###### of operation of the order appealed against.

(4) The order pa_ssed, by the Judicial Authority re-

fe!Tecl to in sub-section (3) above, on such appeal shall be
###### final.

Sal:tdes, 10. (1) Tile Chief Executive Councillor and the Execu-

:! l l u 11· a ~1 r ti 1.1c Councillor ~. shall be whole time functionaries and shall

cs an~l be p;1ic1 out of the General Council fund such salaries and

ot ltn "·: ! y ,v;\11ccs ~\S m ~I)' be prescribed.
cr; 1u l;;-

11? C JI ls . (2.) Tl!c other term and conditions of service of the

Chi(:!' E:·:ectilive Councillor and the Executive Cou~cillors

~; kt11 be snch as mny be prescribed.

                                                                         - - ---·- ______ ... ~,1----.... - ;;:---111111114


-----

), 1995

Filling 11. (1) Where the' .ffice of any member falls vacant by

a requi-

up of va                        - reason of his death , resignation, removal or otherwise, the

of the

cancies. vacancy shall be filled up by election in accordance with the

provi<;ion of this /\ct <ind the rules framed thereunder; may
be :

ty to an
_v_ cause

Provided that any vacancy in the offi ce of the Chief

md after

Executive Councillor or the Executive Councillors shall be

###### may by

filled up by the General Counci l by electing a member
thereof in the m anner prescribed for the election of the
Chief Executive Councillor or t..c Executive Councillors,

al court

as the case may be ;

with im-

(2) Any rrisrnber elected ii, accol"dance with the provi-

sions or sub-section (1) above, shall hold such office only

oned in

for the remainder of the term of the General Council or the

}eneral

period extr:ncled und .r sub-section (3) of Section 7.

###### s of the Powers ,

functions
anti duties (a) be responstbk for the mainten ance of li1e records
**of** **the** of th e General Council ;

###### o is re-

Chid' Ex-

1e , may '~ c ll ti ,. c (b) have Gene1al re~,po nsibi iity tor the financial and

to such c~.~111l· i ~

exec utive ad1ninistrawm of the CL·n•;ral Cou ncil ;

and the ! Io r .
ay after (c) exe rcise arlrninis tnmve sup,_rvi:1i on and conno i
iples of 0\ er the o ffi cers ;:nd ('t~1iiloyf.es of d1.c Ueneral Counc il :1ml
1er con- th e officers aod ernp ky~,c:, ,_.._.) 1ose services may be placed at
Jpealed tll c (lispos;d of the Ge11u«1.l (.'nuncii ~1y the Governnwnt:
:al may
mg stay (d) ftlJ \lal\s<1ctin11 cf business Wtder Lliis Act,_;; r.:'! lltL:

r.urpo sr: of nuking a [1]1y order under thi s Aci, exercise such
powers, perform such fu nctions and discharge such duliL·s

###### rity re- T; 1n;1y \ )\~exercised , performed or discharged by the G en-

;hall be

c r; ~l Council under thi~ Act ot. the rules nuc!c ~here und er:

Pro vidc1i that the Chief F,,ecntive Co uncillor sh<dl no\

Execu- c.\1...-. rcisc such powers. perform such fo,v ;ioi1s or discliargc

1d shall

'.,t:cl1 dt1ties as may be req ui red by th e ruks made under liiis

ies and :\c.i to he exerci sed, performed <->r disc harged by the:

t) :·; 1.:·ral Council at a meetin g;

of the

'<.: ) exerc ise such other powers, perfo1rn such odH:i·

1cil1ors

1' !: 1i•::-; a::; tk~ General Co uncil rnay, by gen-...:ral or speciill


-----

1584 THE ASSA M GAZETTE --~.,----~~~-·-··_,,,__......~--~-J......:--EXTf~AOHDINARY OCT. .. ~~---:~O 199.S ·         -

resolution, direct or as the (jovcrn111e111 rnay, by rules m ade

in this behalf, prescribe.

Meeti ng 13. (l) The General Council shall m.:et ;l( lccist once 111

of General every three months for transaction i..:.f its business.
Cou nci l.

###### (2) The meeting of the General Council shall be lield at

the headquarter of the Lalung Autonomous Council at 's11ch
time as may be notified by the Chief Executive Councillor :

Provided that the first meeting of the General Council
after the election shall. be held on such date as may be ap-
pointed by the Government

14. Every member of the General Council shall, be-

Oa lh of'
:ll'firma- fore taking his seat, make and subscribe before such person
tion by as may be appointed by the Governor in this behalf an oath
mclll her s. or affirmation in the manner and furrns as nMy be pre-

scribed.

15. The quorum nr:·e·.:.s:iry for transaction of business

Q uoru 111 .

at a meetine of the Ge.1eral Council shall be 10 member.\
and the dec(<.;ion of the Oeneral Council sl1a1i be by a singk

majority of the General Council.

16. The Government may, bv .; nm.. ification in the "'1- Offi-

lle: ~ l! q1;;1 rltr

ci al Gazette declare any place wi thin nu;; Council /ii1ed 'to be

o l' lilt Cen -

llle headquarter of the Ckn~ra l Counul.

l'ral C:111 111 ·

1· i I.

S~·:reLHi: 1 l 17. ( l) There shail be a Secretariat for the L. :·: hmg 1\ u-
of ihl' 1 ut1ornous Council at the headquarter of the Ciencr::l Coun::.:ii

La! ;1;;:>, i:-.:1ukd by a Principal Secretary _w_ be appot lilt~d by llil"
Aulo nurn ollS ( }nvc rn mcnr in consultation with the Chic[ Exccnl i\T
Co1111 li! . OH11:cillor.

('.:!)The l'ri 11cip<ll Secrctmy shall be the princi;1al cxcc-

u i\'c r·i'liccr of the Cencral Council a1i:cl all other Officers o[
h ~- r;cncr:\l Council sll~dl b:::: subordinate to him.

('.)) T l 1•:: Prii':cipal Scc1ct:H) :;lwli he presen l ;1nLI t.\k \'.

:~ :,;\i i i tlic c\i SL'.liSSlOll of aJi th•: n1ectings u[' the (ic11C1: '.l

(_\1";'.:·'.1 cir (11<:: Executive Council or nny corninin~T o!· ti".:

C: -::: 1 ~·ri!\ Cuuncil and rn11y, with the consent of the Chi1..'I. l :_\. ·
,., :tivc C'c1 t1 11 ci ll or or <1ny ot her person pt'l'siding ove r s11ch

11·. :·~ li1~g r,11· t!ic time: being, ~1s the case rn:1y be, :1t an~· ti11w


-----

:<,ASSAM GAZETTE, EXTRAORDTNA RY, OCT. 30. 1995 1585

mak e a statement or give explanation of th e fac ts and cir-
cumstances but shall not be entitled to vote in any such
meeting.

(4) The Principal Secretary and the other officers of

the Secretariat shall be paicl out of the General Council

Fund.

~

(5) The term of appointment of the Principal Sccreta1y

shall be for a period of three years bu t may be extended by
the Government in consultation with the Ch ief Exec utive
Councillor.

(6) The Government may appoint such other Sccrct:tr-

ies for the General Council on such terms and conditions as
the Govern ment may, in consultation wi th the Chief Execu-
tive Councillor, determine.

(7) The Government may, in consu lta ti on with the

Chief Executive Councillor, depute such other officers or
experts, as may be, required, to assist the General Council
on such terms and conditions as may be de te rmined by the
Government.

(8) The Government may from time to ti me post offi-

cers of the rank of Clas s-II and above wi thin the Council

Area in accordance with the exigencies, but while mal' ing
such postings due regard may be give n 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 incorpo rate(! in their Annual
Confidential Reports by the Government.

(10) Notwithstanding anything co ntained in sub-

section (5) above, the Government ma)[1 ], :it :rny time in con-
sultation with the Chief Executive Councillo r, withdraw the
Principal Secretary or 11ny other officer posted or :ippointcd
by it i11 the Secretariat.


-----

_1586 THE AS SAM GAZETTE, EXTRAORDINARY, OCT. 30, 1995

CHAPTER - III

POWERS AND FUNCTIONS OF TIIE GENERAL

COUNCIL

Subjec ts 18. Notwithstanding anything contained in any other
to be under law or Rules for the time being in force, the General Coun-
the control cil shall have executive powers in relation to the Council
and ad min - Area over the following subjects :-
istration of
the General 1. Cottage Industry,
Council. 2. Animal Husbandry and Veterinary,

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 V·ocational

Training,
8. Cultural Affairs,

9. Soil Conservation,

10. Co-operation,
11. Fisheries ,
12. Panchayat and Rural Development,
_13._ IIandloom and Textile,
! 11 .. Public Health Engineering - Drinking water,
###### I\ Minor frrigation ,

! '' Social Welfare,

l .1. Flood Control Schemes for protection of villages
(not highly technical nature).

i ~·;.Sports and Youth Welfare,
IC). Weights and Measures,

20. Library services,

:~ l. Museum and Archaeology,
_22._ Urban Development, Town and Country Planning,
23. Tribal Research,

Y~ . Land and land Revenue,
25 . Publicity and Public Relation,
26. Tourism,
###### 27 . Transport,
28. Any other matter connected with development,
29. Municipal Boards, Improvement Trust, Dist. and other

local-self Ciovernrnent of Villages,


-----

THE l\SSAr-.1 C;\ZJTITE, EXTRAORDINARY. OCT. 3iL! .. 92i_ __ l~B_?_

'.10 Tribal \V elfare,

3J. Market and fairs,
###### 32. J ,otteries, Theaters, Dramatic performance nncl Cinema,
 33. Vital Statistics including ragistration of births and clcnth, 34. Food and Civil Supplies.

Other mat· l9. Subject to the general policy of the Government,
l<l'S lo bl' the Genera! Council shall, --
u11<kr Ilic

CO/I! I'll!

(i) formulate integrated development plat1s for the

and ;1tlmi11 ·

###### Collnc il Area ;

Isl rat i <' n
ol' ti:~· Gm·

<·r: tl C\1u11 - (ii) implement schemes Hild progrnrnn1cs frn· tllc den::!·

r i I. oprnc11t:tl of the Council Area;

(iii) !lave powers to nppoi11L Class lil :111d Ci:iss 1\1

###### staff wi!liin th e Council Arca:

 (iv) have powers to regul alc tradc.<ind co11uncrcc with·
 in the Council Arc:i in accordance with tlic ox ist ing laws in·
eluding issue of permit or licences to inclividu:lls within the
###### Co:mcil Area ;

(v) gui ck~ custom and li'c1dili([1]11s il1Hi ~o~·i:d ju:·ticc ol'

ti·,,; L: tl1111~~ con111JL111!ty :1 c cordin~[1], ti) tlh'. lr~Hlition:d Lt\\',\;

('.·i) c• rgi11 1::;c sp c: ci ::l rccn:!\!\KJlt d1 j.,· c· i111u 1\rmy,

Nilvy, and o:iler p:11«t11;ili: :1ry l".) :cc.s , Poli•:c. i·orccs :\ri d
Cd h · ~ 1· 0' 11 L l'~ tl (1.-wcrn ll1t.' 111 _c ;! ;\I~ [1]isill1lC'_ J \ t:; l'l'!' : : p ['Oi 11t1112 ll t

o!' t!:1~ l\·1 SU Jl S bl..'..Jo11g lO lk l .:llt :11 g C0!1111\l ll liiy;

('. ;i) :il:.,t p,· 1111its f(1: · 11:1i:k 111~d cu1111 11cn\.: lu !ill: P'-'r [1]1iloJ

rc~i d!1 i ~: i:~ the Ccl1:1cil ,i\1c:1 J''1<·1·u1.·111.·c bcin~! given !1) the
###### Ld u11g community.

1' 01\'l' rs to ?.0 . (1) Su [1])_j cc t to tl1c prnvi .,i011 of :111y other Ltw for
i 11! i' () s c lir'...'. ti11h.--: i> cin~~ in !'orcc, !lie Gc1 L·1al Cou:i ~·il sl 111 1l have Ill·~
l«l'.I' ;1 11d :·11\\'('.] •; to coffcL'I .. ,· itllin tile C •i.: :i,_·il :\t~<\ st11..i1 f:\\(·) :ts :11\"

co!: .... 1,' _t_

: .. ;: v: [1]l··k !t 1Hi< 1· th,;: :\\\' fur \!ii:· tin:·:~ hcir1~ i iJ f.:11·c \~ ii1 the

f ::\'<: .· . .

;~::::~!\ CT :is 1:1 w h .. ' J'.J \;ScriLli .. 'd:

I 'n>'. i1:. · <~ li111 tii.' t~L'\ or !J\'- .'.~ :1:.: ::t'i: [11] \:-:1i .. i :-h:1ll !Jc ('(.•l-

l. '.'.:tL·J rr u :11 SLL [1]1 1'.<1~·~ :1s 111:\\ I· ;\i1;_)ji'! Cd _1'::_ tl1c:. C U \'C! 'l l -

i1,•'!il I :\ l)r                                              - :i!i< .. 'i \ [l <) :\ iii liii:s i·. iL .i l. i11th .. :0: [1]·: <<;!l Cl::;:c·ilC.


-----

-'

###### 1588 THE ASSA M GAZETTE, EXTRAORDINARY, OCT. 30, 1995

(2) Subject to sub-section(l) and such maximum rates

as the Government may prescribe, the General Co uncil
shall :-

(a) levy tolls on persons, vehicles or animals of any

class, for the use of any bridge or road other than kacha

mad 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, rnela, other public
places within the Ccuncil 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

publ ic street or places are made by it within the Council

Arca.

(3) Notwithstanding an ything contained in the forego-

ing sub-sec tio11 s, the General Cou ncil shall not undertake
registration of any veh icle or levy any fee in respect thereof

~u;cl sha ll not provide sanitary arrangements at places of
worship, pilgrimes, fairs, melas, or other public places

within the Council Area or levy any fees in respec t thereof
###### if such vehicle has already been registered by any other au-
thority under the Jaw for the time bein g in force, or if such                        -
provisions for sanitary arrangements has already been made

by th e Government or any other local authority.

('I) The collection of tolls, fees or rates and the te1111s

and co 11ditions for the impo sition thereof shall be such as
in:1y be prescribed by the bye-laws, such bye- laws may in-

1c1·ali~ ·, provide for exemption from all or any class of cases.

(5) The General Council may levy fee or taxes on any

l'l ;t\l the :;ubjects as~ ign ed to the Vi ll age Council.


-----

THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 30, 1995 1589

Powers to 21. Notwithstanding anything contained in this Act,
entrust Lhe Government may , in consultation with the General
functions. Council, entrust, either conditionally or without any condi-

tion, to the General Council or their Officers any function in
relation to any matter not enumerated in section 18 to which
the executive powers of the Government extends.

Po wer to 22. Notwithstanding anything contained in section 5,
acquire the General Council subject to the previous approval of the
hold and Government and subject to such terms and conditions as
dispose of may be imposed by the Government, shall have the power
propert y. to acquire, hold or dispose of any immovable property or

movable property the value of which exceeds Rupees one
lak:h and to enter into any contract or agreement with any
party or authority.

23. (1) The General Council may, subject to the provi-

Power to
make byc- sion of this Act and the rules made thereunder and subject

'I aw s . to the approval of the Government make bye-laws to be ap-

plicable within the Council Area with respect to all or any
of the matters enumerated in sections 18,19,43 and 44 for

###### • regulation, control and administration thereof .

(2) All bye-laws made under sub-section (1) above,

shall have effect upon their publication in the Official Ga-
ze tte.

CHAPTER- IV

THE EXECUTIVE COUNCIL

TJ1 •~ 1:-~ rn1 - 2:1. (1) The Executive Council shall consist of the

the Cu 11 n- Chief Executive Councillor and the three Executive Coun-

c i I. cillors elected in accordance with the provi ~ ions of sub-
section (4) of section 6.

(2) Tile Chief Executive Councillor shall be the Ch:1ir-

rn:rn or the Executive Council and shall preside over the
111cc1i ngs th ereof.

(3) ;\ 11y casual vacancy among the members of the Ex-

ccu ti ve Council occurring by reasons of deaLh, resignation,

rcrnov;\1 or otherwise shall be filled through election by the
lll(·mbcrs of the General Council in the same manner as pro-
\'idcd in ~: lib - sec ti o n (t1) of Section 6:

--~- -· - ---'--"'=~-                                          - -----....._____:.


-----

###### l:Wfl. THE ASSAM GAZET1E, EXTRAORDINARY. OCT. 30. 1925

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 Exec-

utive 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 respon-

sible to the General Council.

'l't' llll or 25. A member of the Executive Council shall hold of-

office of fice untill he -
thl! E.\CCU ·

lil'c Cou n - (a) ceases to be a member of the General Council, or
c i I.

###### (b) resigns his office in writing under his hand ad-

dressed to the Chief Executive Councillor in which case the
resignation shall take effect from the date of acceptance
thereof :

###### Provided that in case of the Chief Executive Collncil-
 lor, the resignation shall be addressed to any one of the Ex· ccu ti ve Councillors.

2G. (l) The execu ti ve powers of the Genera! Council

###### shall vest in the Executive Counci l.

(2) All orclcr or instructions made or executed by the

###### Executive Council sh;1H be deemed to have been m:ldc or executed by or nncler the authority of tile General Council.

 (3) Every order made or instructions issued or resolu-
 tion passed by 1!ic GC11cral Cou•Kil shall be :1uthe111icatcd by
th e si,., 0niltLHC ol' the Chief . Executive Councillor or in his ab-

se ncc by :111y one of tile Executive Councillors.

<:c11.1·:11 27. (I) Tlic Chicl· Executive. Co uncillor shall be the.

JH>11 t·1· -; <·I" CilicC of the Lalung Auto nomous Council and shall exercise

t11~ Chier Sl1ch powers ancl discharge such functions as arc confcn\'d

Exrrn l il'c on him by or under this ;\ct or th e rules 111 ~1cl c tilcn .. 'lllldcr.

Co11 n ci l lor


-----

**_1995_** THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 30, 1995 1591

(2) The Chief Executive Councillor shall for the

###### :cutivc smooth and convenient transaction of business of the Exec-
 nvalid utive Council, allocate among the Executive Councillors

such business in such manner as he may deem fit.

###### Exec- 28. (1) The Executive Council may, in cases where the

Special

**by** **the** power of Chief Executive Councillor is required to take, in accor-
**prov al** the Chief dance with the provisions of this Act or the rules made

Executive thereunder or any other law for the time being in force, any
Councillor. action subject to the approval of the Executive· Council, by a

###### espon- general or special resolution, authorises the Chief Executive

Councillor to take such action subject to such condition, if
any, as may be specified therein, in anticipation of

**>Id of-** such approval.

(2) Whenever the Chief Executive Councillor takes

###### !,or any action under sub-section (1) above, he shall inform the

Executive Council forthwith and shall obtain the approval

~d :id- thereof.
,\SC **the**
ptan<.'.C .\lceting of 29. (1) The Executive Council shall meet nt least once

~ the Execu          - in every three months for transaction of its business at such

tive Coun- place and time as the Executive Councillors may direct.

###### ouncil- c i I.

he Ex- (2) The meeting shall be convened by the Chief Execu-

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

:0~1 nc i I

30. The Quorum for transaction of business at a meet ~

Quorum

ing of the Executive Council shall be three members includ-

by tile ing the Chief Executive Councillor.

1:idc or

llllC.: i I. CHAPTER-V

###### rcsol u- THE VILLAGE COUNCIL
ated by

his ab- 31. The Village Council shall be a body corporate hav-

ln c:orpora-

ing perpetual succession and a common seal with powers to

t j 0 II (!JC

acquire, bold and dispose of property and shall sue or be

Villa gc

b(: the. Counci I. suecl by its corporate name.

xercisc
11f crrl'd Cons! i tu- 32. (1) The Village Council shall cons·ist of lO(ten)

11dcr. lion of !he members of which 5 (five) seats shall be reserved for the

Vi 11 age Lal ung Community out of which at least one shall be a
Co 11 nci I. women.


-----

1592 TH_E ASSAM GAZETTE. EXTRAORDfNA Y. OCT. 30. 1995

( 2) Everv :"'k'l :· u                               - f the Village Council shall be en Ii ··

tied to such sitting allowances as n;ay be fixed by the Vil-

lage Councii subject to the approval of the General Council
and the Government.

###### C; 1 he elected members nf the Village Cou ncil shall,

at the first meeting after the election, elect from among
them<:elves, in the manner prescribed, -

(i) One member to b~- th:; President who shall also be

the Chief of the Village Council, and

(ii) one member to he the Vice President \:vho shall be

the Deputy Chief of the Village Coilncil

f<Tm oi

33. (I) The term of officF- of the Vil lage Council shaH

office.

be five years from the date of the first meeting as appointed
by the Governrnent afrer the elecnon of the members unless

(fo;sol 1cd carher under >tCtion 68 .

Provided that the Govern nent may, if it is sac isfied

that circumstances exist which render the holding of elec-
tion. as provided. 1mpracticable, extend the term for a peri·

od not exceeding one ye<tr.

<2) No· Jthqanding anythliib: conra·ned in sub-

sc ·tion i above, the President or the Vice Presiden t of a
Vdi<ige C,nmcil ~lial1 Ci:d~" to huld (JITice as su h forth vit h

if he, for ~"1v rcason,cc;1se) to he a member.

( _>)_ Not,.v11hscanciing anyrhing contain ed in sub                                      -

~:cctiun(l) or SulJ-section (2) above the tenn of the Village
Council shall be co-terminus with the General Council.

..                 - ' ;1;· _34._ (!) J\1,y member of the v·11age Council may, :it

\II _:_ 1'

111\ time b,' ~i·:mL: notice in \\titi11~z addre.s,;ed to the Presi-

.f , \·;1~ 1\:sign;11is office : '

0
1                                              - \ ! I I ''_I'

I! 1!1 _i;_
l'·ov1<.1ccl 1l tt 1n case of the >resident the notice shall

i.-.·                                          - [1] ldn:sscd tu the V1c.c Pre:-.ident.

(2) Such 11.:sig1wt1011 siiitll take cllC'ct from such elate as

specified Ill tllc notice 01 ii no ~uch cbtc is spec ified from
iii,; <I: .. , 0'. Jt.; rrceii)t I bv • the office bc.irer :1ddrcssccl.


-----

###### THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 30. 1995 1593

Removal of 35. (1) The President or the Vice President or both of
members of a Village Council may be removed from office by a resolu-
the Village tion carried by a majority of the total number of the elected
Council. members at special meeting of the Village Council called for

the purpose 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 members of the Village Council to show cause
against the action proposed to be taken against him and after
giving a reasonable opportunity of being heard, may by or-
der, 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 im-
prisonment for any period exceeding six months ; or

(b) incurs any of the disqualifications meqtioned in

section 54 after hi s election as member of the Village Coun-
cil; or

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

(3) any member of the Village Council who is re-
moved 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 rnodyfying or setting aside the order appealed
:1gai11st and pending the final disposal of the appeal, may
pass such other interlocutory order or orders including stay
of operation of the order appealed against.

(!~)The order passed by th.e Judicial Authmity referred

to in sub-section (3) above, or such appeal shall be final.

Fillin;,; np 36. Any vacancy in the office of the President or the

of' 1 :1c:1ncy \'ice-President by reason of death, resignation, removal or

ill lit l' () l'- oihcrwisc, shall be filled up within one month from the date

li cc ol' I Ile or oc:cu rrcnce !hereof, from amongst the elected members

I' re ~ i d c n t or' the Village Council in the same manner as has been prc-

or the \'ic<:

~cribccl in section 32 for the election the President or the

l'rt:sidcn!.

\'icc-Prcsic\cnLas the case may be.


-----

1594 TJ-lE 1\SSAM GAZETlT, EXTH.AORDTNARY, OCT. 30. 1995

Salarirs 37. (1) The President and the Vice President shall be

:ll lo"·a nccs whole time functionaries and shall be paid out of the Vil-

and other luge Council Fund such salaries and allowances as may be

em ol urn c n ts prescribed.

(2) The other terms and conditions of service of the

President and the Vice-President shall be such as may be
prescribed.

Powers , 38. (1) The President of the Village Council shall be

functions responsible for the maintenance of records of the Village
and duti.es Council, for the administrative control and supervision of
0f the Presi- all officers and employees in the Village Council.
dent and the

Vice Presi- (2) The President shall exercise such power;s, dis-

dent .

charge such duties and perform such functions as may be
entrusted by the Village Council.

(3) The Vice Presi dent of the Village Council shall ex-
ercise such of the powers, perform such of the functions
and discharge such of the duties of the President as the
President may, from time to time subject to the rules, if
any, made in this behalf by the Government, delegate to
him in writing.

(4) Notwithstanding anything contained in the forego-
ing sub-section, neither the President nor the Vice-President
shall exercise such powers, perform such functions or dis-
charge such duties as may be required by the mies made
under this Act to be exercised, performed or discharged by
the Village Council at a meeting.

                        - 1, efing of 39. (1) The Village Council shall meet at least once in

th e Vi ll age every months for transaction of its business.

; · oun cil.

(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.


-----

THE ASSAM GAZETTE. EXTRAORDINARY, OC T. 30, 1995 J!S95

rfiaih. or 40· Every membe r of the Village" Council shall

a rmation. before t ak ing his seat. make and subscribe, before

###### such person as may be appc.inted by the Governor in his beha f, an oa th or affirmation in the manner
a nd form as may be prescribed

Quorum.

###### 4 J. The quorum necessary for transaction of

business at a meeting ol the Village Council shall
###### be 1 ~ (fc ur) membe rs a nd t he decision o f the Village

Co uncil sh ..,, ll be by a single majority of votes of
###### t he m emb ers presen ~ .

omce of 42. (1) There sha ll be an offi c:e of the Village

th e Village

Cou nci'., CnL,nci1 at l'l:ch olace as nrny be determined by

###### the Vilb ge Council with the approval of the
 Governn,ent.

 (2) The G u ver nmcr~ t shall, in comultat[on
 with the President o i the Village Counci i; appoint
a Se~reta r y of tbe Village Crnmci L

(3) The Secrehry to the Vill age Council

sha ll be · th," Chief Ex1..c ut ive 0 [1 ] the Village Co•m-
cil and : '.1:-iU _'.' .. er_ u nder the di rection and control

of the P re '\i d ,, t.                         - All other Officers and staff shall
###### be subordi nate to him.

(<; ) The Secreta ry shell be prese,nt anditake

###### part m the discu' si on of a 11 the rneetiog1i --of the

Village Cnuacil or <.my Committee of the Village
Council and mav with ·the consent o; the Pi:esident

###### er any oth er pe 1·son p residin~ <.iver su ch meeting

for li e time being, as the ca'!e may be, at any

tim c:: Lrnkc a SL',t cment or give explanation of the

facts and circJ :1:-ta n ,~e s but :;h ·tl! not b~ entitled
to vuk in any such me .; ting.


-----

###### 159l) THE ASSAM GAZETTE, EXTRAORDIN.ARY10C1f. 30, 1995

                          -                           - ·--· -·---~-                           - ----·*· ......... ·--,_-..,,._..,...,,_,..,..., .. , .. ._..~ .                           - ·-·--- · -~ .... --.. .->O                           - -~-~-........... _..._._ .. _ . ---··--· ..

_(5)_ The Govemment ma y in consultati()11 with the

###### President depute such other Officers or c·:perts, a~
 may be required to assist the Village Council on such terms and conditions as may be determi~ed bv the Gorvernment. · ·

 (6) The Government may, from time to .. time, post such other officers or staff as mav be requi .
 red so as to meet the exigencies but while mat< ing such posting 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 Contidential H .. eports
 by the Government.

(8) Notwithstanding anything cilnt::i.ined m any

###### of the foregoing sub-sections, the Government may, ·
Ul any time in consultation with the President, with-
###### draw the Secretary or any other offlcer or slaff po- sted or appointed by it in the o!Ike of ti1¢ Vi1iage
 Council.

 C!l,i\l'TER-VI
 POWERS AND FUNCTIONS OF THE
 VILLAGE COUNCJL.

Subj~~! 43. Notwithstanding anything contained in any

to h: nn~ other law or rules for the time being i11 force, the

ec:i u ~be Vil?age Council shall have the executive power in re-

~~d a~lrd- lation to the Village Council Area over the following

nistraticn subjects;
**of tbc Vi·**

lla~e **cou•** 1. Agriculture including AgricuJtwal ,Extension.

**01;11.**

###### · 2. Animal Husbandry, Dairy Development and Poultry.

 3. Fisheries.

 4. Social and Farm Forestry/Minor foreat pro-
 duce. fuel and foodder.


-----

###### :, 1993

THE ASSAM GAZETTE, EXTRAORDINARY, SEPT.30, 1995 1597

ith the -·-----... -~ ...... .-. -----·- ------ ·--- -----~ · -··--·- ··             -             - · --~- - ~ -- --· ·-- ~ · -·· ~-             - ·-· ·             - -
rts, a'.> 5. Khadi , Vlllage and Cottage Industries.
###### n such
bv the

###### 6. Rural Housing.

7. Drinking Water.

; um~ ,
###### requi · 8. Road. Buildimz, Culverts, bridge~, tunnels, wa-
 naking terwa v« and other means of communica- o the tion. "

 '· Rural Electrification.
 Village
 village 10. Nonconventional Energy Source:'.
ilt of

###### iall bu 11. Poverty Ileviati on Programme,

~ej:}Orts

###### 12. Educ<'ltion including Primary Schools.

11 any 13. Adult and Non-formal Educ:ttion.
t may,
###### , with- 14. Libraries, lff po-
\'i11 £tge 15. Cult um I Activities.

###### J 6. Markets and Fairs.

 f HE 17. Rural sanitation.

 18. Public Hea lth and Family Welfare.

n anv

ce, the 19. \llomen and ChiJd Developmen t.
###### r in re- .lowing 20. Social Welfare including Welfare of Handi-
 cEpped and mentally retarded.

 ensfon. 21. Welfare of weaker section a'Tid in particular
 and Scheduled Castes and Scheduled Tribes.

nt and

###### 22. Public Distribution System.

 23. Nfainl(;: nancc of Community assets.

1t pro-

###### 24. Constrnction a nd m~·linl .e n~n ce er l)t-nram
 salas and sh~:ibr 1nstit ulion.

.~ ...... -~ ···----- --              - ----~--------.. --------


-----

159$ THE ASSAM GAZETTE, EXTH.AORDINARY, OCT 30, 1995

----·------ -~----------- - --···--------·------·- - -------------- -----

###### 25. Construction and maintenance of cattle sheds,
 pounds and cart stands .

 26. Maintenance of Public parks and. .play grou nds·

 27. Construction and maintenance of Slaughter houses.

 28. Maintenance and regulation of manure.

 29. Such other functions as may be entrusted by
 the Government from time to time.

Other m~· 44. Subject to the gneral policy of the Goven.irpent

**tter** 10 be and subject to the general control and superv1s1on

bnder the of the General Council, the Village Council shall

contro . 1
mistand ratinn adllli- (') 1 ._.. iormuiate , . rnteg· rate d d eve l opment p ans 1 f or t h le

!lf the Vi- Village Council Area ;
llage COU· the
udJ. (ii) implement c;cbem,-::s and programmes for
###### development of the Vi1lage Council Area;

 (iii) have pmvers to appoint Class-HJ 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 individua1s \Vithin the Vilhtge Council Area;

 (v) guide customs and traditions and social Justice
 of the Lalung Community according to their traditi- onal laws; and (vi) allot permits for trade and commerce to the pe- ople residing in the Village Council Area preference
 being given to the Lalung Community.

. 45. (1) Subject to the provisions of any other laws

impose P ower k-t o tor ~ tie l time emg m . b . . f .orce m11. d subject. . to the t?revi-
vy an 1 co- ous i::-pproval of the General Council, the village
1!cct tax : ~. Council 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 mannr as
 may be prescribed : -


-----

J95
'I'HE ASSAM GAZETTE, ~XlH l1 0riDlNAKY,UCT. 30, 1995 1599

###### ----·-·--·-- ·------·-· -.--------·- - - ----- --· --------------. -·--· - ·------------·----.
 is,
 Provided that the tax or taxes as aforsaid shall
 be collected from such date as may be appointed by the Government by notification in this beh alf in the
 is·
 Offtcial Gazette.

:er

###### (2) Subject to sub-section (1) and suc11 rnaximum rates as the Government may prescribe, the Village
 Co uncil, sh::d

 (a) levy tolls on pe1 sons, v c c~1icies or animals of
 any class, for the use of any bridge, or road other
 than kacha road or ferry constructed or established by it ;

:nt

11 (b) Levy the foliowi ng foes and rat.es namely:-
Jl

(i) fees on th~ registration of boats or vcchicles ,

he

###### (ii) fees for providing sanitary arran~erne nts at
 such place:' of worship, pilgrimage, fairs, me-
als nr othr r public places within the Village

he

###### Council Arca as may be specified by the Go- vernment by notification in the Officia 1 Gaze- tte;

IV

###### (iii)f ees for ncenccs

             - e

###### (iv) water rates where arrangements for irrigat1on
 th
 or drinki n.g water is made by it within the

             - s Vil!age Council Area;

###### (v) lighting r:ite where arrangements f ·.r lighting
 on pub 'ic streets 01 places are made by it

cc

###### within the Village Council Axea.

ti-

###### (3) Notwithstanding anything contained ;n the

le- fo1egoing sub-sections, the Village Council shall not
1ce unde rtake registration of any vcchicle or levy any

###### fee in respect thei·eof and shall not provide sanitary arrangements at places of worship , pilgrimage, fairs,

ws melas or other public places within tbe Village Cou-

Vl- ncil Area or levy any fees in respect thereof, if such
;ge vehicle has already been registernd by any other
###### he . authority under th e law for the time being in
!er force or if such pr .~vision for sani ' ary arrange ments

as has already bee:1 made by the Government or any

###### other local authority.

-~r • t -----


-----

1600 THE ASSAM GAZETTE. EXTRAORDINAR~\ 001' . 30, l995
###### ----·- -----
 (4) The Collection of tolls, fees or rates and the te-
 rms and conditions for the imposition thereof shall be such as may be prescribed by the bye-laws such bye- laws may interalia provide for exemption from all or any class of cases.

Powa [1] <" 46. Notwithstanding anything contained in this Act

ent; ust ru- the Government may, in consultation with the Vi-
ocl!ons. Hage Council entrust either conditionally or

###### without any condition to the Village Council or its officers any functions in relation to any matter not enumerated in section 43 to which the executive
 power of the Government {;Xtends.

Power i.o 47. Notwithstanding anything contained in section

acquire hc-3 1, the Village Council, subject to the prevoius app-

Jd ai,d di - roval of the Government and subject to such terms

spose r}f and conditions as may be imposed by the Govern-

property. ment, shall have the power to acquire hold and dis-

###### pose of any immovable property or movable proper- ty the value of which exceeds rupees fifty thousand and to enter into any agreement or contract with any party or authority.

 CHAPTER : VII

 ELECTION

Delimita- 48. (1) There shall be 10 (ten) constiutencies in a

li on. Village Council Area for electing ._members to the
###### Village Council. Each such constituency shall be
 a single ~ember constituency and shall be territorial.
 <
 (2) There shall be · 26 (twenty six) constituencies covering the Council Area for electing members to
 the General Council. Each constituency shall be a single member constituency and territorial.

 (3) The Government shall, by order published
 in the Official Gazette, determine the territorial limits of the constituencies into which the Village Coun- cil Area or the Council Area shall be delimited for the
 purpose of election of members to the Village Coun- cil and the General CounciJ _


-----

###### te- l be

bye-
###### ! or

Provided th :, ~ no such order shall b·_· 1w:d [1 ]•

'h ~ com111e::1ccmcn1 of' 1:Y.: cbci.;on proce ::>s .

###### Act Vi- Jt,:e .,: torn ! 50.(1) Suhjcct Lo the provisitio .:t:1 of th is 1\: t.. and or }it oil~ . thr rnks made thf..Jc:under, so much of ih'.: det_'tc•-:11
 its roll for the As sembly Con~tit;,ikncy in fore;: c,;1 th~~

not last ([·]1(. ··1te oJ •·· 1· v!. ··, ·l 1o.11 1. 1· l.''l(..'-[1 ]t ·1.(.. ) '"' ! l ~ '""" <1 '· ' i·" ._,; , ,, t..,•~ . .-1 ataL 1ol"" .-.'\:.         - l·" ·J (.., " '\11·[1], .-..l (.. ~a,~ .. t;_,'-'

###### tive Council Constttue:l.cy, as ddin cd in ch1 1 c~e (c) of St'>

tion 2. shall h~ the electoral roll fur that Villagl~

###### Council C0n.st.it1:ency.
 :ion :pp- (2) .. · Th " C c [> l][r•~]-~ 1.. [ t ]01 ·<• [!:>] J TO S l'{ · C , .f th' "· •· \"", 1,,,,l l--,r;-0 .., .~ C . O!.L1'..l .,_~·1 C 10 11-'" rms stituencies as are relatab! [1]~ to a constitucn·.:y of t; !..; !rn- General Council, as defined in chrnsc (c) of · Section dis- ~ ! , shaH be the electoral roil for tL ,~ consti tuency of the
)ef- General Council.
###### and dth (3) Persons whose names are includ ed i,1 the eJe.
 ctoral roll as aforsaid in sub- sc~tion l ~) pr _ (2)
 above, sha ll be the electorate for tne election of mem·- bers of the Village Council or the General Co u il,
 as the case may be .

 (4) The G overnment shall, at the time and in
 the manner prescribed, cause to be published the ele-

.n a ctoral roll in respect of constituency .
###### the
 i be Ri1ht to 51.(1) Save as otherwise provided in this Act, rial. Vote. every person whose name is entered in the electoral
 roll for the time being in force, of any constituency
 lCieS shall be entitled to vote in that constituency.
 ; to
 be (2) No person shall vote at an election -·-------
 m any constitutency , jf he is subject ! Ce_nt1:~ 1~ er1
 to any the cf qualifications re ferred to in ! _ u :.'[1]!9-.) [1]. ·
 ;hed section 10 of the Representation of People

>rial Act, 1951.
mn-

###### the (3) No person shall vote in more than one cons-

1u11~ tituency .


-----

###### (4) No person s11a11 vo!e in the s::i.mJ conslittol··
 tutcy more than once.

 (5) No µ,,rson shall vote at any elec.tion if he is
 confined in a mi son. whet.her under a sentence of im-
 prisonment o;· oth~rwisc or in the lawful custody of police:

. P[-o\·;der1 ]J. _11_ _ • ...-'-.1- "hL;·c ·1t .... 1~:.\. ·ot[1]1 ·1:.,,., l.U,b i·· .h tt'1·s ll sub-s"'ct1.or1 "'                                                 - sb',•11 t.

###### apply to r• persor'. subject to. p~ev~n tive detention
 under any law fur the time b1::mg m force.

Electi0n 52. Election of members shall be held rn accor-
of m en.· dance with the rules made under section 60 and the

1-.~ u1..~ _:::. •._

###### fast election fo1 the purpose of constituti ng the Gene-- ml Council a n.d the Vill<u:-:e Council::; shall be held on
. ' , h ~ G l' .
###### suct1 a.ale or aates as LH~ -overnment r.·iay c11rect in consultation with lhe Interim Lalung (Tiwa) Executive Council ref erred to in section 80.

54.(i) A pc1son shall not be qt.mli:fied [OL· being

###### e1ected eithet co tbc: Villagt; Council or
 the General Council, if

 (a) he is not a citizen of- India;

Disquali.
fi.c ati on ],,,-

###### (b) he is less than 18 years of age on such date

.!T'' mber-

~!--,i p of as may fixed by the Government ; or
Viil<l.'Je (c) he has been c1ected to any Municipality,
Com~cil Panchayat within the State of Asscim ;or

f....r Grne· (d) he is in **service** of the Central or State

ra I C0t.n-

###### Government, Municipality or other

cil.

###### authority ;or (e) he has either directly or indirectly by him- self, or by the person or employer or
 employee, any share or int~rest in auy
 contact with by or on behalf of the Vi- llage Council General Council, or a Mu- nicipality or Panchayat within the
 Council Area


-----

I 1995

THE ASSAM GAZETTE. EXTRAORDINARY. OCT 30. 1995 1603
###### - .~....... . .......
 Provided that no person shaJl he deemed

to be so disqualilled by reason only of

his having a share or interest i J ~1. public

t' h ,,:; is

###### Company, as defined in the Coinp:rni~s
 of im- Act, · I 956, (Central /\;·:t of ! 9~)(,) which

1stody

###### contracts witll or is employed iiv -

a Mu nicipal Aut orily or PandL~- fcenl131 '.q\

###### yat within th ;; Council Arca; 01 ,,f :·15<-

shall

###### :ntion

 (f) be has been dismissed from the '.--.c-rvic.~

.ccor- of the Ccn tral < r State C1ov1'r;1 :;10111 or a
###### i lhc local auth ority or a Co-·Operat iv,~ Socie-
**Jenc-** ty or a G ovcrnn ;.;1·~t Company ?S dd~u, d
\d O ll in the Cornn:ini("' .\('t. :956 or .. Con)or;'-
ct in tion owned. or rDnlrolL..:d bv ! he et'.ntr:1 l
. 1t1v,; or tl1 e State Gcvernment for rni::;cond uc1

i.nvolving moral 1urpitudc and fiv·~ y1.ar';

###### have not elariscxi frorn the <hi.· ~ , .cnt<::i.1 Act

.d as of such dismiss;:\] : ( )j I (·f 9 _(,_ ;

:ncr~ti

(c) o f

(g) he ha s been ;:idj udgcd by a q,)mpd,·n~

###### court to be of unsoun d mind ; or

 (h) he has been c011v1r;icd bv a cow I of an

offence involving mornl • i u: nitudc puni-

###### shable with im1) [1]·isonir1<::.ll f~\r :1 Ot.\ ind
 of mo re than six ino11tlis 01 a11 ~!1\.;nc• __

d'.l.te under Chapte1 IX A of t~1\.' I •1d(~u-! 1\        - n~ii

###### Code or Ch apter Ill, :1~u·· Hi ... w pflt t
 1al ity, VU of the Repres c.:nlation of rn..:onks Act

111 :or 195 l and five yc~H'·: hive ~1ot cl:ins°i"'d from

State the date of cxpir;d ion uf th,:: ~~t;·11<.~rwe :
other

###### him·· Provided th'."t ~- p:~rs0~1 ~'ltait not ht: .::fr,-

er or qualincd UJ1d l)f t!·[1] iS SCf'lion, by IV1''0il

ai~-1 y only of hi s b 1 .~ i ng a f\.kriiher, .. P1\ .. ;,.J 11 t

###### : Vi· or Vice-President of t1tc Villng•; Cn11th'll

\tiu- or a member, Chief Executive C ,rnwi'. lur

tbe or Executive C0 11 nci1lor of tht: G.w.:ra l

Council.


-----

_1604_ THE ASSAM GAZETTE. EXTRAORDINARY, OCT 30, 1995

Filling up 55. Where the onice of any member" bcco1nes va-

of vacan- cant by reason of his death, 1esignation, removal or

cies. otherwise, the vacancy sha li be filled. by election

in accordance with the proviswns of 1 his Act

###### and the rules made there.uncle ..

~

V J. J . . 56. Where tl~ m embers elected '.11 an election are f:
a ic at 1 ~HI                      - d f r . ·                      - f I I !
###### rcstrame .. rom iunct1or1mg on acconnt o t le e ec t--

ion as a whole being                      - ,;t aside by order of a co urt, _i ~·_

###### anything done ur any :iction taken by such member<-: • ' before they are so restrain~'.d 01 before the eiection
is so set asid,· as the c:1.s'" may be, shall be deemed

###### to have been validly do11c or taken.

Publica- _Si_ The narne of «.ii persons elected to Village

tion or re.Co uncils or th e General Council sha ll be pnbJish ecl
sua ~ of by the Government in th e Ufficial Gan'.ftt:: a nd upon

e lections. such publication the Vi llage. Ccuncils and the Gene-

ral Council shaU _be_ '~eerned iJ 1 have hrr'.n cluiy

###### constituted.

Vacation
_ol_ pns L 58. If an elected member is choosen to be a me-

###### mber of Parliament or 1hc St::11c L( t:.i';lat urc and of the General Council in rase of ;: mc:iT: bcr of the Vi-

llage Councii, then at the cxpin, ti or of four teen da -

###### ys from the dat~ of publicati01· ir tik· Gazctt,· of India or the Official Gazette, ''-S th: c ... ;s,: may he ,
 of the declaration th at he hc:L:.; fven ::o cho osc·n. the
seat of such memher in the Gencui Co tincil or the

Village Council, as the case may b ;, shall b1..'cume

###### vacant unless he has previously l".::;ig1icd hi'; seat in

the Pariiament, or _tl-w_ State Lit:,f~islaturL· or the

###### Generai Council,, <ts the '.ase niay be.

Disputes 59. (1) No election shall b,· caned in CJUL'.~1tion
regardir:g

except by _an_ election petition rrcsentcd in such ma-

el r-ction ,

###### nner as may be prescribed and befon· such au tho-

rity as may be appointed by lbc Government., from

###### time to time, by notification in the O!i!cial GazNte ;
 Provided that no person bdow ihe rnnk 01
 Assistant District Judge, jn c:J.se or rn ernbl~r of Vi-
llage Council and District Judge, wilhi;n !he rn~;aning
###### of Article 236 of the Corn'titution, in case or n1cn, lxr
 of the General Coun ci l, shail l°'(' ::wp cirtted for the pnrpose.


-----

TH- -.E _, t\c'c1\ll!T ~,,_ '}                 - .J. ("'A/'-111" _Jl'...! •''1"!.'l•' ... ,. _,, ,,,.,<''I'I'A''"'l!''Nl:;.{~                 - .\..' _\j l \._                 - .l "I£ ).,                 - ~ y ' Q( ~rf _.l                 - J '2 0 ' 100.-. _.J.?.J 16()5 :l_

0, 1995

If.'<; VC!·- (2) No election shall be called into question ex-

,y;ij 01 C\_,pt on any one or more of the following grounds,

11:1m !v:

lectior1

                         - (a) that on the date of his election the retu-

###### Act

rned candidate was not qualified or was disqualified
to be cboosen to fill ihe scat iii the Village Council

###### or tht:: General CounciL as the case may be;

m arc

###### elect-·

CO LI rt , (b) th~d. corrupt nractice has been commi             -

m be r ~. tkd hy till; returned candida te or his election agent

~ction or by any ol her person' with i·hc consent of the re-

###### tunwd candidate or hi~. election agent.
 emed

ExvlarH"· t;'or this purpo_:;e_, ' 'corr• 1pl prat: t. "' lCC NC eutr,·11 A -~r"

i! lage tiori . sh·1 \.....; -.. ~C ll n .... '"1'1 ,,,,(. -~ ;: l ·1··1y \ ·)f· , _t" ~·Lt\., ·_ corrupt µract 1' c [1]~s t 9SJ0 , · 43 0

###### .ish ("(i Spl: ii!(:d in : 1~ction 123 of" the Representa tion
 of Peoples Ai.:t .l 951.

up o.n

.J c ne--

d 11J y

(c) that any nomin atw n has !x:cn im properly re-

###### jected :,
 mt>-

(d) that the n;sult of the dcc t1on in so far as it

d of

~ Vi- concerns the n .. ,tnn JL~d candidate has been

###### mat.criaily <:l ffectcd ·-··
 ' da--
_:_ o f

(i) by Lb e unpropt:r acc1.:~pta nce of any no1m ..

he,

###### nation; or

he

the

(ii) by any s(HTUDl oractJce committed 111

111 te
t l[J th1.~ intcrcsl oi U1c returned candidate by

an agent ()ther tban hi~ dcclion agent; or

tl1 e

###### (iii) by improper rcceptior?, refusal or rejec-

lion

tion of any vote; or

nrn -
###### Jrn-

(1v) by reception of any vote which is void; or

###### om
k ;

(v) by any nrm-cmnpliance with the provisi-

###### of ons of this Act or of any rules or order

Vi- made thereunder.

###### m g
 bcr (3) At llk conclusion of trial of any election
th e pr:tition, the authority appr,mted under sub-

sect ion _( 1)_ shall rnake an order---

r- ----


-----

1606 TU»: i\S:)AM Gi\ZET'fF l'.::XTHAORDINARY. OCT. 30, 1995

###### (a) dismissing the election petition; or

 (b) cLdaring the election of all or any of

Lhe returned candidates to be void ; or

###### (c) declaring the election of all or any of the

rel urned candidates to be void and the
###### petitioner or any other candidate to have been duly elected.

_(ti)_ If a pclitioner, in addition to calling in ques-

1 ion the election of a returned candidate,

###### nw kc a Jec!aration that he hiit1self or any
 olhcr candidate has been duly elected and the authorjty under sub-section (1) is of the opinion th'.:lt: -

_(a)_ in f"act the petitioner or such other candi-

###### date has received the majority votes, or

 (b) but for the votes obtained by the retur-
 ned candida te by corrupt practice the netit.ioner or such other candidate would
have ohtained the majority of the valid
###### votes, the authority as aforesaid shal\,
 after declering the election of the returned candidate to be void, declare the petitio-
 ner or such other candidate, as the case may be, to have been duly elected.

Power tn (iO. The Government may, ·by notification in the

rnakc r~.1 l (';8 in the Official Gazette make rules to regulate all or

rc:·ulatw~, any or the followiwr matters for the purpose of hol-

t.hc clecu. ,.                    - .                    - b v·11 c                    - d h

011 of n11:- c:!_'.ng eiect10n tC? t 1e I. ag.e ounc1 s an to t e

m bcr ~. t.._1ic~neral Council under this Act :- ,,

it
###### l

~t

###### (a) the designation of the Officer or autho-
 rity to whom the power to determine the territorial limits of the constituencies
 under the sub-section (2) of section 48 may be delegated and maintain the ele-
 ctro! roll under section 50 ;

------------------ ]

                                                                                        - ~-.::, ....... ----:-:::::--. ... ...                                                                                         - .. ~-~~· _b,,_ ,_


-----

THID ASSAM GAZETIE. EXTRAORDINARY OCT. 30, 1995 1607
###### ---·---·- -- - --
 (b) the appointment of Returning Officers,

~· , Presiding Officers andf~Polling 'Officers

~~F' for election;

###### ( c ): the! dra wingjup3of fprogramme for election;

r,~

###### (d) the·~nomination of candidates and scru-

1~.;;,_tiny of such nominations ;

###### (eFthei deposits to!be made by the candida-

:<:~'tes" and the tinie and manner of making

~!{such deposits ;

###### (f) the withdrawal of candidature ;

 (g)jthe appointment of agents of candidates;

 (h) the filling up of casual vacancies ;

(i) the general procedure at the election in-
###### cluding the time, place and hours of poll and the methods by which votes shall be cast ;

 • (j) 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 it necessary to make rules under this section or in respect of which there is no provision in ·this Act or the provision is insufficient and in the

opin~o.n of _- the Government adequate
###### prov1s1on is necessary.

 CHAPTER-VIII
 FUNDS, AUDIT AND BUDGET.

General 61 . (I) There shall be two funds to be called respect-

C ouncil f?·tively the General Council fund, meant for the Gene-
n1d ancd Vi- ral_ Council and the Village Council Fund,I meant
l age OU• _C'_ b v·11 C                          - .
ncil **Fund. 1or t e** I age ~ ounc1 s. ~:.." .

###### (2) Each fund as aforesaid shall be under sepa-
 rate Sub-Heads within the State Budget to be held for


-----

"""• • ----- -- ---                                                                                                      - --                                                                                                      -                                                                                                      - M                                                                                                      -                                                                                                      -                                                                                                      - ---

the purpose of' th.i s Act, and all money:;, realised or

###### reali'.'labk undc:r lhis Act, and all moneys other ··
 wise n~cciwd by the General Cou nc il or the Village
 Co-uncil, as the case may be, sha ll he cred ited lo its res-
peclivr;; fund .

(3) The Gownimcnt. :)hall prnvidc · fund ~ to the

###### General Counci! F1111d :ind Lhe Village Council Fund
from the T ri bal Sub~Pl;tn and other res< urces in accor-

###### dance with the appropriatG formulas to b1~ woiked oui:

hl,:jping in mind the resources of the Gover nmenL

priorities on dcvc lo pmcllt worh in other areas .inclu,

diug olhc1; tribal areas along with other relevant

dl~c idin e factors.

###### ·-

(4) The foi!uwing sha1J be deposited to the Vil!a-

g~ Council Fun<l :

(a) Contributions,-:and grants received from th .·

###### Government.

(b) Co ntributio ns amt g rants from the General

###### Council. ·

(c) ;-\JI receip t'> nn dccoun t or d onati nn , rates,
###### . '
lees, Laxes, etc.

###### (d) Ail other su1m; rec0.ived by o.r 011 bel-icilf
 of the.: Village Council. , ..

(e) Lwd R~wn ue and iocal iaks. if J.nv. on

land including Tea Garde1L whi ch - falls

###### in th e village Co uncil Arca.

 (5) Tl:h:: aJ:ocJ.titHt made under tb ·se Sub-H.eads
 shall be in keeping with the gufrielines la id down
by the Government pf India from _1 ime_ to time in

###### tli e spiriL of the Con:::;titution of fndia.~j

 (6) Tlw Govcrnm1:nt ~ hall n ot divert the fund

a lloc~·1ted und er 1hc~c Su b-Heads ecxccpt in exjgen ..

cies when tbcre _i::i_ lllr1voidablc Ludget deficit.

###### tral (7) All Governmfundent s, or a~ tbc Stare may be a llocGovateed rnmby ent t he for Centho 4
 General Cou11cii or the Village Council, as the case may be, s1mJ1 be assigned to It and sltall ·be credited

 . ---· --·--·-- -·----- ·- ·-·---~~~ .....


-----

THE A.SSAM GAZETTE, EXTIU\UP.Di.NAll.V. OC T. 30. 199;) **16\)9**

-- -·- - - ··· ·-·· .- - ... _. ---

to lbc General Council Fund or the Villn g."" Co undl
Fuud,~ n.'~ lhe case 1m1y be.

###### (8) The Gcncr.:l Com:cil nr tl1l' Villaf!,C Council

as 1hc ca1.;c _mn1_ bi· <;uhi,:c~ ro thr ~-1rov 1 s ions of

einy. 1:1w 1dali 1 i~; tc,·rh.; r~i:-.1r 1_t' ur loans' by local au ~

###### thori11,·s m1y rn.1·-w w11h 1h< approval of tbr' Gove rnmenr loans for the pt1rno:-:r<; of 1 h1 .1\c1, ancl c1 ..::.He a sink-

in g foud for 'the. rC'payrncnt of "iUch Joan.

(9) The money credited to the G c:ncrn! Cou ncil

###### Fu nd 01 lh c- Villap1' Counci l Fund shn !1 be appli-
 ed for tlw payment or all c; urns, charges 2n d costs ne-
cessary for canyinp ou1 lhe pu rpo ses of this Act.

(10) No p~1ymcn{ r.; halJ be nndc OU[ of th e General

###### Cu 1111cil F\tlld or. th<· ~.,,'ill:i~rc Cou ncil F1ll1d unless

                          - 11ch cx pcnditun· is cuwrl'd l~v ,1 cu1 rent budget g1 ant:

Provided that t.hc Gene-ml Council or the Village

###### Comwil, ns Ow va<;c nrny he, m; 1y make pnymcnts in

tt:· m ~. of JL:foudofdcpo ~:ihh\', ("'onlracto 1s or for ur-

###### gent works undcrL1k,·i 1 in :111 ,: mcrgency or when re-- quind by th1.: Govcrnm•,·;1t in 1k ii tcrcst oC Ill e pub-
hc or under the dccrc1· ur order l>'. :1 civil or

###### critninnl court :u.J:a:n~;i 1Jw r; ·n(;r:tl Cu dn ci l or the
 Village Council 'IS 1111· c:is(· ni<'_V hr·., and for such

otbe1 cnscs ns may bL: presci ;',,.cl:

###### Prnvidc<l foul.her 11l <1l Sll<.:li c · xpcm ditu1\ ~ sha ll be repor-
 ted to the Gc11eral Council or th<.: Village Council, as the
 case may be, for taki :!:' such action und er th e pro-

visi o ns of this Acr, _as_ rna.i appear to it to be fea-

sible for covering t.hv <mHn:111 of such r nyment s.

(1 l) S urpl us money~· st:111ding :11 llw crvd1t of the

###### General Council or thv V il !ngc Counc!I , as the case
1nay Ix·, at the end of the l::;innncial Yem , shall bc.'

ir1v(:s t d in accordanco.: with '~ucJ1 bye-bw ~ as may be

made b/ tbC" General Co uncil, _in_ tbis b .. ~ h llf :

-"'--'-·~=""'""'--


-----

1610 THE ASSAM GAZETTE, EXTRAORDINARY oCT. ------30, 1995

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

 (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 followed in respect of payment of money into the said funds, withdrawal of moneys therefrom, the cus- tody to the moneys therein and any other matter inci- dental thereto or connected therewith.

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

Audit 62. Subject to the provisions of the \- -

1
###### Comptroller and Auditor General's (Du- 1 ~~~~·;~ I
 ties, Power and Conditions; ~ of Service) Act, I or 1911. I
 1971 and the rules and the orders made there--- - --- under, the audit of the accounts of the General Council and Village Council shall be entrusted by the: Government to the Comptroller and AuditorGeneral of India who may
 submit to Governor such report th'ereon
 as it may deem 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 comment of any, the Government shall lay such report along with the comments of thE; General Council and the Village Councils before the State Legislature.

Budget. 63.(1) The General Council shall at such time

###### and in such manner as may be prescribed prepare in each financial year a budget of its estimated receipts and


-----

THE ASSAM GAZETTE; EXTRAORDINARY, OCT. ~0, i995 1611

###### disbursements for the following tinancial . years and submit it to the Government bv 1st November of current financial year. The Village Council also shall prepare its budget in the like manner
 and shall submit the same to the Gen~ral Council for consid~ration and onward transmission to the Government 0 !1 or before the I st October of the current financial year.

(2) The Governme11t may within such time a.;;

###### may be prescribed, either approve the budget or re- turn it to the General Council or the Village Coun· cil concerned, as ,the. case may be, for reconsidera-
 tion on the observations of the Government, if any. The General Courn.:il or the Village Council cor1cerned as the case may be, shall thereupon resubmit the budget
::1;1ongw1th its Comffic;1ts on the observation and if the
###### approval of the Government upon such submission or resl.!bmission as the case [may be, is uot received by the General Council or the Village Cour;.cils as
 the case may be, the budget sha!! be deemed to hav~ been approved by the Government.

 (3) No expenditure shall be incurred' unless the budget of the Gener ~: ! Council , as well ac;; the budget of the Villag:e Councils are either anoroved er deemed to have approved by the Government.

 CHAPTER--lX

Mi~llaneous

Effect of 64. All the bye-la\VS,-· regulations rnade. orders
bye-'1w. passed- and r.otificaticn issued under this Act, by the
etc; Genera1 Co l!1:.cil or the Executive : Goundl :. or the

###### Village Counci!s a<i the case may be · shall be subject to maintenance of security and safety of the State of Assam and Government sL1<d1 have the po\v.;rs to take such steps as may be de;.;med necessary. for the purpose.

Power tfl

###### 65. The Governm~n t shall ha ve the General power

iuuc in· ·

:.t.u,tlon . to issue ins·(i·uct.ion;:; · from ~ir,L to Lime iur th,,; ~mr­

###### pose of implemeutati •.ii: of t i1i s / h ' \.


-----

P ro t ec t i~n 66. .\ U rights a t; d interest o :· th ·~ 1 ·on-aib:J

~f the .. r!g- c itizen ~ and othe r etheni c g: cups other than the

,.ts ui tnc I , 't                       - h' 1- r.                       -                       - A                       -
noH-tribal ,<: tung commum y w it . In t ,~ d ? t:r                    - i .                    - re:". as cx 1-

and 0thcr st <1 t th~ crmmf'nc e m ~n t 01 lhi s Act ln matters

ethenic rar t : '.inin ~ t0 their language litepnure, culture,

groups. rdiginn, customs and traditions, trade and Comm-

###### erce, Industry, hnd, etc. , sl1all he protected.

Properties 67. (1) S1 ,bj ect to such restrictions a!ll the

                   - tuatc in Go vernment n.ay impose all properties specified

t!ic C mn- below and situated in 1he Coun'cil Area shall vest

ctl Area m · an d b 1 e ( ng to G eller<''. l C ounc1 , ·1 name l y -

###### (a) all public buildings con 'tructed or main- ta ined out of the general council fund.

 (b) all public roade which have been const-
 ructed and maintained out of the General Council Fund a nd stones ~md other mat- erials there ef and als._1 .trees, erections, materids implements and _things provided
 for su. ch roads ; .

 (<' ail land 2.nd ?ther pco pe r tie ~ mov<J.ble
 or im movable tra t1 <>fo rred to foe Ge neral Council by tl <1.: Government;

 (d) such properti e3 owu ~d :ind ci>ntro lk d
 by the Municipality or the Panchayat
 2s . may be assigned tn the G eneral
 Council· by the Government.

 (2) Xotwithsta ncfo}g anything containe<l in sub-section (1) above all the prnperties specified
 in sub-section (1) and· construction and maintanance of which bas been done out of village council fund shall vest in and belong to .• the Village Coun- cil within the area in which the p rop~rty is situated .

 (3) The properties v es t ~. d un<l er suh-sect ion ( 1)
 or (2l above and all the p:-operties which may
 become vested in the General Council as the case
 may be shall be under the man agement, direction and control of the General Council or the Village Council concerned as the case may be.


-----

TH.I: ASSAAi GAZETT~~ . . EXTRAORClN AR Y, O C T . ;~0. i99'.') 1613

Ui1s.luti- · 68. ( l ) The Governor may, if I e is sati:,5ed

08 of Oe-f r rl'Ceipt of a report or o t herw i ~ e and in consultat;c n
ncil, Exe· aeraJ cou. w1t . h h t ~ J u.JCJad. . . 1 D ep~rt m. e~ t 01. . t h e vove~n~... , c nt

eutive Co- that a situation has anstn in which the adm1mstra-
uncil and tion of the Council Area cannot be ca rried out in
Village acc(.rdance with the p : ovis'ions of the law for the

###### council time being in force or the gen· ... ral or the special
 instruetions iss ued bv th e G ovel'f\ ment from time to time, by notification irl the Official Gazette, dissol ve the General Council, the Ex (~ cutivc: Council and

tL e Village Councils bcfor•: the exri ry of the te rm ~ .

###### and P. ssume to l'imself nll or irny of rl:e powers and funct ;ons of the Gcnen'.l Council, the Executive
 Council and the Village Councih and declare tha t
 such powers aod funciions sh ~ll b ~ exercised by such persons '?r authority as ~c m_ay sp-cify in th_is behalf
 for a period not oceedmg ~ 1x months at a time.

 l2) Every order made under S'.tb- :.cction(l ) ab0ve
 ahall be laid before the State Legisla ture for appro- val and unless apprc ved by the State Legislature shall cease to orerate on the expiry of tl' irty days from the date on which the Assam Legislative
 Assembly fir11.t sits after the issue of the o rders.

Eiicct of 69. When <:'.l~ ord er of di ss olutio 1~ is made

di.aaoh1tion under Sec! ion 68, with effect from the date of orders-

'

###### {a) all the members , f the G eneral Council, the E x:.cutive Council and Village Councils
 sha l1 vacate their offices , and "'

 (b) <'!ll powt:-rs, duties, functions of the General
 Cvuncil, the Executive Council and the Village Councils shall be exercised, dischar- ged and performed by such authorities or persons as n;iay be appointed by the Gover- nor in this behalf.

S~!al 70. The Government shall consult and give

0 0
r~~ c~~ ~ due regard to the views c.f the General Council be-

###### cil Arc:S. fore any law is made and implemented in the Coundl Area e n the following subject namely- -

 (i) the religious and social practice of the
 Lalung (Tiwa) Community :


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1614fH.E, ASSAM GAZETTE, EXTRAORDINAUY,OGT. 30, 1995
###### --- ----- ·------------ -- ---------------------
 (ii) the Customary laws and procedures of
 tlle Lalung (Tiwa) Community ;

 (iii) Ownership and transfer of land within the Council Area·

~eserva- 71. Subject to the provisions of the· law for

~~~!1 v· the timf: being in force the Geue.ral Council shall

1 ser 1ce1have the power to reserve jobs for the Scheduled
###### Tribes within its jurisdiction·

 MembersOfficers , 7 . 2 Th e Ch' Ie f E xecut1ve · C ounci ')l or, t e h

employees Executive Councillors, the President and the Vice
to be pub-President of the Vi11a 2e Councills shall be dtemed

lie servantsto be public servants ~ i thin the meaning of Section

21 of the Indian Pane] Code·

Validation

###### i3· No act or procceedings of the General
 Council or the Exec11tive Council or the Village Council ' as the case may be, shall be deemed to be invalid merely by reason of existence of any vacancy therein or any defect or irregularity in the constitution therec-,f.

 Indemnity 74· No suit or other legal proceedings shall lie againt 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 by-law made there- under.

In terpre~ 75. If any question arises as to the interpre-
ta ti on. tation of this Act nr the rules made thereunder

###### the same shall be referred to the Government whose decision there on shall be final·

 Removal 76. If any difficulty arises in giving effect to
of · diffi-

;my provisions of this Act; tlw Gove,rnment may

###### culties.

by order,do anything not inconsistent with the
###### provisions of this Act as may appear necessary or expedient for the purr ose cf removing the difficulty.


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THE i~SSAM GAZETTE, EXTRAORDII, ARY,OC.T.30. 19951615.

---         - ~ --·------ --------         - ··- ---:-- -- ---.- --:-~--· , .. ..--- -7 · ~         - · -. -: · ,-:---~-· :.._.

S~cci.d 77. The General Co uncil shall, within the laws
status

###### for the time being in fr rce, ta kc steps to protect
 the demographic complexion cf the areas falling

\.VitLin its j u.risdiction·

A;pplica- 78. If any pro vision of the bye-law, made by

Ati on _1. tolf_ the General Council is repugnant to <lny provision

cl [0 ] ie f th 1 ' b                          - I · f h S
Legisla- o e aw made v the Leg1s ature o t . e tate

ture of of A <sam, w itl [1 ] ; cspcct t ·) rha·t matter than

the State the by-Jav.:s "O made, whether bei, re or after

###### the law m2.de by •he Legislatur•.: of the St::::.te of Assam, sl: a11 L1 the extent of repugn -:ncy byvoid
 and the law made by tb e Legislature sha J] prevail.

mPower ake rules lo 79 . . (1 ) T11e - G overnmen t iuay m a e k ru l es

###### prov1dmg matter which with any provis;on of this Act is required to be prescribed or to be provided
 for by rules.

 (2) Every mks 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 tor a
 total period of fourteen days which may be com-
 prised in one session or in two or . more succ-
 essive sessions and if before the expiry of the ses- sion immediately followi ng the ~css1o_n or the sue-
 , cep5ive session aforesaid , the St::'te Legislature agrees in making any modification in the rule or tLe State Legislature agrees tl1.at 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 may such modification or annulment shall b.; . without prejudice to the validity of anything previously done under the rule.

Transitional

p1·ovi1ions. 80. The Gov1;rnment shall a;; soon as po ~ sible,

###### take steps frr the constitution cf an Interim
 Lah;ng (Tiwa) Executive Coun .:il by · nomination
 untill the General Council is constituted under
 this · Act. The Interim Executive Cc unci] · shall, in addition look after the duties of "the village
 Council; till the same a re constituted under this Act.

# I


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1616 THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 30, 1995
###### ------ - --

Saving 8]. Nothing 111 this Act shall affect the appli-
###### cations 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.

Explana tion For the i: urpose, of this section 'Law' shall,

###### include any enactment, Act, regulation, order,
 bye-law, rules, scp eme, noti:fica ti on or other instru-
 ment having the force of law.

Repeal &.
Saving 82. (1) The La]ung (Tiwa) Autonomous At~am dinance Or-

###### Cot [1].ncil Ordinance, 1995 (Assam Ordinance No. v o{
 No.-V of 1995) is hereby repealed. I99S.

 (2) Notwithstanding such repeal any- thing done or any act:on taken under
 the said Ordin2.nce shall be deemed to
 have been done or taken under the cor- responding provisions of this Act.

 M. K. DEKA. Joint Secy. and i/c Secy. to the Govt. of As~am,
 Legislative Department.

GUWAHATI-P.r inted & publ is'wd h v the Dy. Director {?.&S.). Oirectcirate

of Pig. and Stv . / \SSim, Q,;waha.ti-:H (Bic-Gazette)

No. 46l-740---50U-··30.I0-1995, '·


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