The Assam Tribal Development Authority Act, 2005
                    - The 10th October 1983

**No. LGL. 161/81/104.—The following Act of the Assam Legislative**

Assembly which received the assent of the Governor is hereby

published for general information.

ASSAM ACT NO. XI OF 1983.

**(Received the assent of the Governor on 8th October, 1983)**

TH E ASSAM TR IBAL DE VE LO PM EN T AU TH OR ITY

ACT, 1983

An
**Act**

**to provide for the setting** **up of a Tribal Develop ment**

**Autho rity to accelerate development in the Plains Tribal**

**Areas of the State of Assam.**

Preamble. W hereas it is ex pe dien t to provide fo r th e

se ttin g up of a Triba l Develop ment A uth ority to
ac ce lerate de ve lopm en t in th e Plains Tribal Areas

of th e State of Assam .

It is he re by en acted in th e Thirty -f ourth

Year of th e Rep ub lic of India as follow s :—

Short title, 1. (i) This Ac t may be calle d th e Assam T riba l

extent an d

comm ence­ Dev elop ment A uth or ity Act, 1983.

m en t.

(ii) It sh all com e into force on such da te

as th e Sta te Gov ernm en t may, by no ti­
fication in th e official Gazette appoint.
7
_f ._

(iii) The Act shall ap ply to such ar ea or

.areas as th e State Gov ernm en t may by

no tification in th e official Gazette

from tim e to tim e specify.

Definition. 2. In th is Ac t un less th ere is an ythi ng re pug­

nan t in the su bject or c onte xt:—

(a) "A uth ority ” means th e Triba l Dev elop ­

m en t Auth ority o f Assam.

(b) "G ov ernm en t” means th e State Gov ern­

men t of Assam .

(c) "G ov er no r” means th e Gov erno r of

Assam .

**I**


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Act.

(e) 'MLA ’ and 'MP’ mean the member of the

Legislative Assembly of the State of

Assam and the member of Lok Sabha or
Rajya Sabha respectively.

CHAPTER II

The setting 3. (1) The Government shall set up a
up Autho rity of the Tribal Development Authority for the

and its com­ Plains Tribal Areas of Assam imme­
position. diately after the coming into force of

this Act.

                                                                                            - --At' ;

(2) The Authority will be a corporate body

with a perpetual succession and com­

mon seal.

(3) The Authority, unless sooner dissolved,

. shall continue for five years from the

date appointed for its first meetings :

Provided that the said period may be exten­

ded by the Governor by notification in the Official
Gazette for a period not exceeding one year at a
time.

4. The Authority. shall consist of the

following :—

(1) (a) The Chairman of the Authority shall

be the Chief Minister, Assam.

(b) The Vice-Chairman shall be the

Minister in-charge of the Welfare of

r Plains Tribes and Backward Classes

Department.

(c) All Plains Tribal M.L.As. and M.Ps.

of the State representing the area in

’ which the Act is applicable.


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**fli E ASSAM GAZETTE, EXTRAORDINARY, OCT. 10, 1983** **859**

(d) 8 (eight) members to be elected as

provided in sub-section (2) of this

Section strictly by the limited voters

belonging to the Plains Tribal Com­
munities of the Gaon Panchayat

areas, or a part of the Gaon Pancha­
yat falling within the areas to which
this Act is applied.

(e) An officer not below the rank of a

Divisional Commissioner nominated

by the Government shall be the

Member-Secretary of the Authority.

(f) 5 (five) Ex-officio members nominated

by the Government from among the

officers of the Developmental Depart­
ments.

(g) Not more than two representatives

shall be nominated by the Central

Government.

(2) As soon as possible after the coming into

force of the Act, the Government

shall arrange to hold the elections for the
members to be elected as provided under

clause (d) above. The members of the

Gaon Panchayat or a part of the Gaon

Panchayat falling in the area to which

the Act is applied shall form the Elec­

toral College for the purposes. The pro­
cedure for the election shall be as laid

down by the Rules.

5. The tenure of the Vice-Chairman shall be

for a period of five years. The terms of the mem­
bers who are M L.As or M.Ps shall be coterminus
with their membership of the Legislative Assemb­
ly or Parliament as the case may be. The normal
terms of the members elected under Section 4(1)

(d) shall be for a period of five years.


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**860 THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 10, 1983**

6. Notwithstanding anything contained

herein before the Governor may from time to

time reconstitute the Authority.

**Salary and**
**allowances** 7. The Vice-Chairman (if nominated from
**of Vice-** members other than Minister) shall receive TA/
**Chairman ,**

DA as per rules and sitting fees as may be laid

down by the Government.

8. The non-official members of the Authority

shall receive such TA/DA as per rules and sitting

fees as the Government may decide :

Provided that the Government may, while

deciding the sitting fees payable to MPs. and

ML As., take into account the provisions of Arti­
cle 102 and 192 of the Constitution of India and
also those of Parliament (Prevention of Disquali­
fication) Act. 1959 and such Acts of the State of
Assam in respect of prevention and disqualifica­
tions of the members of the State Legislature.

Resignation. 9. A ny of the members of the Authority may

resign his office by addressing a letter to the

Chairman.

i^mberf °f 10.,(1) The Government shall have the right

to remove the Vice-Chairman (if nominated from
the members other than the Minister) or any

other member of the Authority before the expiry
of his term on any one or more of the following
gro unds:— , __

(a) On his refusal to serve in the Authority.
........

(b) If he is incapable of holding the office,

due to disease or infirmity.

(c) On absence Srom 5 (five) successive meet­

ings of the Authority without suffi­

cient reason.

(d) If he has misused his office.


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**THE ASSAM GAZETTE, EXTRAORDINARY,** OCT, 10, **1983** 861

(e) If his re tention in th e Auth ority is oth er ­

wise considered un de sirabl e or ag ainst

\ th e in te re st of th e Autho rity,

                                      - - w

(2) Th e or de r und er su b-section (i) above

sh all no t be passed until th e Vice-Cha irm an or
mem be r co ncerne d has been given an opp ortun i­
ty to show cause as to why th e or de r should no t
be passed.

(3) A pe rson remov ed from 'the office under

sub-section (i) shall be disqualified from ho lding
an y office un de r th e auth ority for 5 ye ars, com ­
mencing from the da te of such removal.

va^lciX-[611] 11- [T h] e Gov ernm en t sh all ha ve th e po wer

to fill up th e vacancies in accordance with th e

prov isions of th e Act, in case of t he office of Vice-
Cha irman or a Mem ber falls va ca nt due to

resign ation, remov al, de ath or an y ot he r cause

be fore th e ex piry of te rm of such Vice-Cha irm an
or mem bers. The te rm of such Vice-Cha irm an or

mem be rs sh all be co term inus with th e ex piry

of th e te rm of th e ot he r re gula r mem be rs of th e
Autho rity.

Authorhyhc 12 The Auth ority may ha ve such staff as

may be decid ed by th e Auth ority w ith th e ap ­

pr ov al of th e Gov ernm en t.

CH APTER II I

Pro ce du re for th e mee ting of th e Aut hority

tite^uthol H) The Auth ority sh all mee t at leas t once

rity. in th re e mon ths prov ided th at a mee tin g of th e

Auth ority may be calle d by th e Cha irman at

sh orter in terv als if he considers it necessary.

(2) Th e Cha irman or in his absence th e

Vice-Cha irman shall pi eside ov er th e mee ting of
th e Aut ho rity. In th e absence of th e Cha irman

and th e Vice-Cha irm an th e mem be rs pr es en t

sh all elect an y mem be r to pres ide ov er th e

meeting.


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862 THE ASSAM GAZETTE. EXTRA ORDIi'IARY, OCT. 10, 1983

{3) The notice for the meeting of the Autho­

rity shall be issued by the Member Secretary

and normally 10 days’ notice will be necessary

unless the requirement is waived by the Chair­
man.

Special invi­

tees. 14 The Chairman may invite such person

to attend the meeting as he may consider neces­
sary but such invitees shall have no voting power.

Quorum.

15. (i) One-third of the total voting mem­

bers of the Authority shall form a quorum for a
meeting. ,,.

(ii) In case the minimum number of the

voting members forming a quorum are

not present in a meeting, the meeting

shall be postponed and reconvened after
giving 7 days’ notice. No quorum shall

be necessary to transact any business of
the reconvened meeting.

Functions of 16. (1) The Authority shall have the follow - 3

Ehe Autho- -n g fU n c tions :—

(a) To prepare short-term and long-term

plans for all round socio-economic deve­
lopment of the areas to which this Act
Is applied.

(b) To formulate schemes for the develop­

ment of the area in the context and

within the frame-work of the State

Plans.

(c) To recommend such other measures as

niay be considered necessary for accele­

rating the development of the area.

(d) To review the schemes for the develop­

ment of the area and their progress from

time to time.


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THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 10, 1983 863

(e) To call for the reports relating to the

implementation of the development pro­
grammes in the area and to suggest

measures for co-ordination and supervi­
sion of the Schemes.

(2) The Authority may with the approval of

the Government set up such agency at

Sub-Divisional or block level as it may consider

necessary for the effective discharge of its func­
tions.

**CHAPTER IV**

**Fund of the Authority**

17. The Authority shall have its own fund

called "The Tribal Development Authority Fund”
into which all the sums received from the

Government for the development of the area

will be credited. The fund shall be non-lapsable,

18. The Government may frame rules

for maintenance of the fund and for regulating

the accounting procedure to be followed by the

Authority.

19. The Accounts of the Authority will be

subject to Audit by such agencies as the

Government may prescribe from time to time.

Budget. 20. The Authority shall adopt its budget be­

fore the commencement of the financial yea r and
the budget will be operated with the approval

of the Government.

bowow.T 21. The Authority shall have the power to

take loans from the Government on such

terms and conditions as may be agreed upon.

**Submission** 22. Within 3 months of the expiry of each

**of Annual**

**Report.** financial year, the Authority shall submit a re­

port to the Government indicating the activities,

_I_


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864 TH E ASSAM GAZETTE., EX TR AO RD INAR Y, OC . 10, 1983

revenue and expenditure of the Authority during
the course of the financial year.

^bmit'ty/e- 23. The Authority shall submit reports and

pons, etc. furnish such figures and data as may be required
by the Government.

CHAPTER V

**Miscellaneous**

st°a^er Gov- 24. The Government shall have the

eminent to power to issue from time to time such directives

tiveSe direc" to the Authority as it may consider necessary

and the Authority shall carry them out.

Authority °[f] 25. The members, the staff and office bearers

and staff to of the Authority shall be deemed to be public

sCTvPants.[1 ,c] servants within the meaning of Section 21 of

the Indian Panel C'ode.

o fi n v li id a" 26. No Act or proceedings of the Authority

tion of Act shall be invalidated by reasons of any vacancy

£gs Proceed" in the Authority, any defect in the composition

thereof or any irregularity in the procedure of

rhe Authority.

Protection 27. No suit shall lie against any public ser­
for acts done.

vant for anything done by him in good faith

under the Act.

Power to make rules. 28. The Government shall have the

power to make rules to give effect to the provi­
sions of the Act as it may consider necessary:

Provided that such rules shall be laid as soon

as m ay be, after they are made, before the Assam
Legislative Assembly while it is in session for a
total period of fourteen days which may be com­
prised in one session or in two successive sessions,
and it before the expiry of the session in which
it is so laid, or in session immediately following.


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**T il t ASSAM GAZETTE, EXTRAORDINARY,** **OCT. *0, 1983** **865**

the Assam Le gislative As sembly ag reed in m ak ­
ing any mo dification in th e ru le or th e Assam

Le gislative As sembly ag ree th at no ru les should
be made, the ru les shall th er ea fter , have effect

only in such modified form or be of no effect, as the
ease may b e : Prov ided th at an y such modifica­

tio n or an nu lm en t shall be witho ut pr ejud ice to
th e va lidity of an ythi ng prev ious ly done un de r

th e rules.

### M«al 29 (H The Assam Tribal

qrent Auth ority Ordinance, 1983 is her eof ti iT
# r\ by repealed.

### (2) Notwithstanding such repeal
 anything done or any action taken under the ordinance go repealed shall be deem­ ed to have been done or taken under the corresponding provisions of this Act,

## rx e, sarma,

Secy, to the Govt, of Assam,

Judicial & Legislative Depth

**OAWHA¥t,«Pfinted** and pttfelhtWd by the Supdte i/c.„ Govtg Printing
Press (8*»0«aette) No«2S7—l,000 +9cO—lO-10»1983.


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