The Deori Autonomous Council (Amendment) Act, 2005
Registered No. -768/97

# S

## THE ASSAM GAZETTE

### EXTRAORDINARY

 PUBLISHED BY AUTHORITY

##### 194 17 CT’, 2005, 27 1927 (*RQ
 No. 194 Dispur, Tuesday, 17th M ay, 2005, 27thVaisakha, 1927 (S.E.)

### GOVERNMENT OF ASSAM
 ORDERS BY THE GOVERNOR
 LAGISLATIVE DEPARTMENT ::: LEGISLATIVE BRANCH

 NOTIFICATION

The 11th May, 2005

No. LGL. 33/2005/40 —The following Act of the Assam Legislative Assembly which

received the assent of the Governor is hereby published for general information.

ASSAM ACT NO. XXV OF 2005

( Received the assent of the Governor 8th May, 2005)

#### THE DEORI AUTONOMOUS COUNCIL ACT, 2005
 AN
 ACT

to provide for the establishment of an administrative

authority in the name and style of Deori Autonomous Council and
for certain matters incidental thereto and connected therewith.

Preamble. Whereas it is expedient to provide for the

establishment of a Deori Autonomous Council within the State of
Assam with maximum autonomy within the framework of the
Constitution, comprising of the satellite areas of Village Councils
formed out of blocks of contiguous revenue villages, each having

50% and above Deori and other Scheduled Tribes population

without having any compact area for social, economic, educational,

ethnic and cultural advancement of the Deori and other Scheduled
Tribes communities residing therein.

It is hereby enacted in the Fifty-sixth Year of the Republic of

India, as follows:-


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##### 1596 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005

#### CHAPTER-!

**PRELIMINARY**

**Short title, extent** 1. (1) This Act may be called the Deori Autonomous
**and** Council Act, 2005.
**commencement**

(2). It extends to the whole of the state of Assam.

3). It shall come into force on such date as the State

Government may, by notification in the Official
Gazette, appoint and different dates may be
appointed for different provisions of the Act or
different areas.

**Definitions.** (2) In this Act, unless the context otherwise

requires, -

(a) ' bye-law’ means the bye-law framed by
the General Council;

(b) ‘Constitution’ means, the Constitution of
India;

(c) ‘ Constituency' means, a constituency
referred to in section 48 ;

(d) 'Council Area’ means the Deori

Autonomous Council Area ;

(dd) “ Core Areas’ means the compact and
contiguous areas predominantly inhabited by
Deori community and having more than 50%
Scheduled Tribes populations as a whole in
the area and not necessarily in the individual
villages.
(e) 1 Executive Council’ means the

executive body of the General Council
of the Deori Autonomous Council

constituted under section 3 (3) and 24 ;

(f) ‘ Elector’ in relation to a constituency
means a person whose name is entered
in the electoral roll of that constituency ;

(g) ‘ General Council Fund’ and ‘ Village
Council Fund’ means the funds

constituted under section 61;

(h) ‘ Government’ means the State

Government of Assam;

(i) ‘Governor’ means the Governor of

Assam ;

**Assam**

(j) ‘General Council ‘ means the General

**Act XVIII**

Council of the Deori Autonomous

**of 1994**

Council referred to in sectiqn 3 ;

(k) ‘Gaon Panchayat’,'Anchalik Panchayat’


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##### THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005 1597

and ‘Zila Parishad' have the same

meaning defined in the Assam

Panchayat Act, 1994 ;

(l) ‘Member’ means a member of the Assam

Village Council or the General Council **Act XV of**
or the Executive Council, as the case 1957
may be ;

(m) ‘Municipality’ has the same meaning as
in the Assam Municipal Act, 1956;

(n) ‘Notification’ means the notification

issued under this A ct;

(o) ‘Official Gazette’ means the Official
Gazette of Assam ;

(p) 'prescribed' means prescribed by rules
made under this A ct;

(q) 'Satellite area’ means the area or areas
consisting of non contiguous cluster of
villages predominantly inhabited by

Deori community and having more than
50% Schedule Tribes population as a

whole in the cluster and not necessarily

in the individual villages;

(r) ‘ Village Council’ means the Village
Councils referred to in section 4 ; and

(s) ‘Village Council Area’ means the area

declared to be the area of a Village
Council by the Government by

notification in the Official Gazette.

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

**Deori**

Deori Autonomous Council within the State of Assam

**Autonomous**

comprising of the areas of the Village Councils as may

**Council.**

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

(2) The Deori Autonomous Council shall have maximum

autonomy within the frame work of the Constitution.

(3) The Deori Autonomous Council shall have a General

Council and an Executive Council as provided

hereinafter.

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

**Village Council**

villages, each village having 50% or more Scheduled
Tribe population.

(2) Each Village Council area shall consist of

approximately 3000 to 5000 population.

(3) Each Village Council shall consist of 10 (Ten) elected

members out of which 5 (Five) will be form
Scheduled Tribe community. Out of 5 (Five) reserved
seats 1 (One) shall be reserved for a women

member.


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##### 1598 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005

**CHAPTER-!!**

**THE GENERAL COUNCIL**

**Incorporation of** 5. The General Council shall be a body corporate having
**the General** perpetual succession and a common seal with powers
**Council** to acquire, hold and dispose of property and to contract

and shall sue or be sued by its corporate name.

6. (1) The General Council shall consist of 20 (Twenty)

**Constitution of**

elected members out of which 2 (Two) members

**the General**

shall be nominated by the Government of Assam to

**Council.**

give representation to those group / communities of
the council area which are not other wise

represented in it Out of 18 (Eighteen) seats, 14
(Fourteen) seats shall be reserved for scheduled
tribes and 3 (Three) seats shall be for women.

(2) The Members of Parliament and the members of the

legislative Assembly, Assam belonging to

Scheduled Tribes Reserved Constituencies of the
Council Area shall be ex-officio members of the

General Council.

(3) Every member of the General Council shall be

entitled to such allowances as may be fixed by the
General Council and approved by the Government.

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

at the first meeting after the election, for the
purpose of constitution of the Executive Council,
elect from amongst themselves, in the manner
prescribed, -
(i) One member to be the Chairman;
(ii) One member to be the Deputy Chairman;
(iii) One Chief Executive Councilor of the Executive

Council;

(iv) One Deputy Chief Executive Councilor of the

Executive Council;

(v) As many Executive Councilor as may be

decided by the General Council, but not

exceeding one-third of the total members of the
members of the General Council"

**Term of Office** 7. (1) The term of office of the General Council shall be five

years from the date of the first meeting as appointed
by the Government after the election of the members,
unless dissolved earlier under section 68.

(2) Notwithstanding anything contained in sub-section(l)

above, the Chief Executive Councilor or the Executive
Councilors shall cease to hold office as such forthwith
if he, for any reason, ceases to be a member.

(3) Notwithstanding anything contained in sub-section


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##### THE ASSAM GAZETTE, EXTRAORDINARY, MAY .17, 2005 1599

(1), the Governor may, if he is satisfied that

circumstances so exist which render the holding of
the election, as provided, impracticable, extend the
term for a period not exceeding one year

**Resignation of** 8. (1) Any member of the General Council may, at any time,
**members** **of the** by giving notice in writing addressed to the Chief

**General Council.** Executive Councilor, resign his office;

Provided that in case of the Chief Executive

Councilor, the notice shall be addressed to any of the
Executive Councilors.

(2)Such resignation shall take effect from such date as

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

**Removal of** 9. (1) The Chief Executive Councilor or the Executive
**Members of** Councilors or any one of them or all of them may be
**General Council.** removed from office by a resolution carried by a

majority of the total number of the elected members
at a special meeting of the General Council called
for the purpose upon a requisition made in writing
by not less than one third of the members of the
General Council.

(2) The Government, after giving an opportunity to an
elected member of the General Council to show
cause against the action proposed to be taken
against him and after giving a reasonable

opportunity of being heard, may by order, remove
him from the office, if he -

(a) after his election, is convicted by a criminal court of

an offence involving moral turpitude punishable with
imprisonment for any period exceeding six months,
or

(b) incurs any of the disqualification’s mentioned in

section 54 after his election as member of the
General Council, or

(c) is absent from three consecutive meetings of the

General Council.

(3) Any member of the General Council who is removed

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

proceedings, pass such order or orders either
confirming or modifying or setting aside the order


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1600 THE ASSAM GAZETTE. EXTRAORDINARY, MAY 17, 2005

appealed against 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.

(4) The order, passed, by the Judicial Authority referred

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

**Salaries,** 10. (1)The Chief Executive Councilor and the Executive
**allowances and** Councilors shall be whole time functionaries and
**other emoluments** shall be paid out of the General Council Fund such

salaries and allowances as may be prescribed.

(2) The other term and conditions of service of the Chief

Executive Councilor and the Executive Councilors
shall be such as may be prescribed.

**Filling up of** 11. (1) Where the office of any member falls vacant by
**Vacancies.** reason of his death, resignation, removal or

otherwise, the vacancy shall be filled up by election
in accordance with the provisions of this Act and
the rules framed there under:

Provided that any vacancy in the office of the Chief

Executive Councilor or the Executive Councilors
shall be filled up by the General Council by electing
a member thereof in the manner prescribed for the
election of the Chief Executive Councilor or the
Executive Councilors, as the case may be.

(2) Any member elected in accordance with the

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

12. ( 1) The Chief Executive Councilor shall -

**Powers,**

(a) be responsible for the maintenance of the records of the

**functions and**

General Council:

**duties of the**
**Chief Executive** (b) have general responsibility for the financial and
**Councilor** executive administration of the General Council;

(c) exercise administrative supervision and control over the

officers and employees of the General Council and the
officers and employees whose services may be placed
at the disposal of the General Council by the

Government;

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

purpose of making any order under this Act, exercise
such powers, perform such functions and discharge
such duties as may be exercised, performed or

discharged by the General Council under this Act or the


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THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 200s 1601

**rules made thereunder;**

Provided that the Chief Executive Councilor shall not
exercise such powers, perform such functions or
discharge such duties as may be required by the rules
made under this Act to be exercised, performed or
discharged by the General Council at a meeting ;

(e) exercise such other powers, perform such other duties

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

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

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

the headquarter of the Deori Autonomous Council at
such time as may be notified by the Chief Executive
Councilor.

Provided that the first meeting of the General

Council after the election shall be held on such date
as may be appointed by the Government.

**Oath of** (14). Every member of the General Council shall before
**affirmation by** taking his seat, make and subscribe before such
**members.** person as may be appointed by the Governor in this

behalf an oath or affirmation in the manner and forms
as may be prescribed.

**Quorum.** 15. The quorum necessary for transaction of business at a

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

**Headquarter of the** 16. The Government may, by notification in the official
**General Council.** Gazette, declare any place within the Council Area

to be the Head Quarter of the General Council.

**Secretariat of the** 17. (1) There shall be a secretariat for the Deori
**Deori** Autonomous Council at the head-quarter of the
**Autonomous** General Council headed by a Principal Secretary to
**Council.** be appointed by the Government in consultation

with the Chief Executive Councilor.

(2) .The Principal Secretary shall be the Principal

Executive Officer of the General Council and all
other officers of the General Council shall be
subordinate to him.

(3) . The Principal Secretary shall be present and take

part in the discussion of all the meetings of the
General Council or the Executive Council or any
Committee of the General Council and may, with


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##### 1602 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005

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

(4) . The Principal Secretary and the other officers of the

Secretariat shall be paid out of the General Council
Fund.

(5) . The term of appointment of the Principal Secretary

shall be for a period of three years but may be
extended by the Government in consultation with
the Chief Executive Councilor.

(6) .The Government may appoint such other Secretaries

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

(7) . The Government may, in consultation with the Chief

Executive Councilor, depute such other officers or
experts, as may be required to assist the General
Council on such terms and conditions as may be
determined by the Government.

(8) . The Government may from time to time post officers

of the rank of Ciass-ll and above within the Council
Area in accordance with the exigencies, but while
making such postings due regard may be given to
the views of the General Council.

(9) . All Officers and other staff posted in the Council

Area shall be accountable to the General Council
for their performance and assessment of their works
recorded by the Executive Council shall be

incorporated in their Annual Confidential Reports by
the Government.

(10) . Notwithstanding anything contained in sub-section

(5) above, the Government may, at any time in
consultation with the Chief Executive Councilor,
withdraw the Principal Secretary or any other officer

posted or appointed by it in the Secretariat.


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THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005 1603

**CHAPTER-III**

**POWERS AND FUNCTIONS OF THE GENERAL COUNNCIL**

**Subjects to be** 18. Notwithstanding anything contained in any other law or
**under the control** rules for the time being in force, the General Council
**and** shall have executive powers in relation to the Council
**administration of** Area over the following subjects
**the General**

1.1. 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 Vocational

Training,

8. Cultural Affairs,

9. Soil Conservation,

10. Co-Operation,

11. Fisheries,

12. Panchayat & Rural Development,

13. Handloom and Textile,

14. Public health Engineering - Drinking Water,

15. Minor Irrigation,

16. Social Welfare,

17. Flood Control schemes for protection of villages (not of

highly technical nature),

18. Sports and Youth Welfare,

19. Weights and measures,

20. Library Services,

21. Museum and Archaeology,

22. Urban Development, Town and Country Planning,

23. Tribal Research,

24. Land and Land Revenue,


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##### 1604 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005

25. Publicity and Public Relation,

26. Tourism,

27. Transport,

28. Any other matter connected with development,

29. Municipal Board, Improvement Trust, District of Boards

and other local-self Government of Village

Administration,

30. Tribal Welfare,

31. Market and Fair,

32. Lotteries, Theatres, Dramatic performances and

Cinema,

33. Vital Statistics including registration of birth and deaths,

34. Food and Civil Supplies.

Other matters to 19. Subject to the general policy of the Government, the
b© under the General Council shall -

control and
(<) formulate integrated development plans for the
administration of
Council Area ;
the General
Council (») implement schemes and programs for the

development of the Council Area ;

(iii) have powers to appoint Class-Ill and Class-IV staff
within the Council Area ;

(iv) have powers to regulate trade and commerce within
the Council Area in accordance with the existing
laws including issue of permit or licenses to
individuals within the Council Area ;

M guide customs and traditions and social justice of
the Deori community according to the traditional

laws;

(vi) Organize special recruitment drive into Army, Navy,
and other para-military forces, Police Forces and
other Central Government establishment for

appointments of the persons belong to the Deori
community;

(vii) Allot permits for trade and commerce to the people

residing in the Council Area preference being given
to the Deori Community.

Powers to 20 (1). Subject to the provisions of any other law for the

impose, levy and time being in force, the General Council shall have

collect taxes. the powers to collect within the Council Area such

taxes as are payable under the law for time being in
force in the manner as may be prescribed;


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THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005 10U5

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

(2) . Subject to sub-section ( 1) and such maximum rates as

the Government may prescribe, the General Council
shall -

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

for the use of any bridge or road other than kacha road,
or ferry constructed or established and managed by it ;

(b) levy the following fees and rates, namely;

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

(ii) fees for providing sanitary arrangements at such
places of workship, pilgrimage, fairs, melas, other
public places within the Council Area as may be
specified by the Government by Notification in the
Official Gazette ;

(iii) fees for licenses ;

(iv) water rates, where arrangements for irrigation or

drinking water is made by it within the Council Area , •

(v) lighting rate where arrangements for lighting of
public street or places are made by it within the
Council Area.

(3) . Notwithstanding anything contained in the foregoing

sub-sections, the General Council shall not

undertake registration of any vehicle or levy any fee
in respect thereof and shall not provide sanitary
arrangements at places of worship, pilgrimage, fairs,
melas or other public places within the Council Area
or levy and fees in respect thereof if such vehicle
has already been registered by any other authority
under the law for the time being in force, or if such
provisions for sanitary arrangements have already
been made by the Government or any other local
authority.

(4) The collection of tolls, fees or rates and the terms

and conditions for the imposition thereof shall be
such as may be prescribed by the bye-laws. Such
bye-laws may, interalia, provide for exemption from
all or any class of cases.

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

or all the subjects assigned to the Village Council.

**Power to entrust** 21. Notwithstanding anything contained in this Act, the

**functions.** Government may, in consultation with the General


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##### 1606 THE ASSAM GAZETTE, EXTRAORDINARYMAY 17, 2005

Council, entrust either conditionally or without any
condition, to the General Council or their officers any
function in relation to any matter not enumerated in
section 18 to which the executive power of the
Government extends,

**Power to acquire,** 22. Notwithstanding anything contained in Section 5, the
**hold and dispose** General Council, subject to the previous approval of
**of property.** the Government and subject to such terms and

conditions as may be imposed by the Government,
shall have the power to acquire, hold or dispose of any
immovable property or movable property the value of
which exceeds' Rupees one lakh and to enter into any
contract or agreement with any party or authority.

**Power to make** 23. (1) The Genera! Council may, subject to the provisions
**bye-laws** of this Act and the rules made thereunder and

subject to the approval of the Government, make
bye-laws to be applicable 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 Gazette.


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##### THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005 1607

**CHAPTER-IV**

**THE EXECUTIVE COUNCIL.**

**The Executive** 24. (1) The Executive Council shall consist of the Chief
**Council** Executive Councilor and the Executive Councilors

elected in accordance with the provisions of sub­
section (4) of section 6.

(2) The Chief Executive Councilor shall be the
Chairman of the Executive Council and shall
preside over the meetings thereof.

(3) Any casual vacancy among the members of the

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

Provided that no act or proceeding of the Executive

Council shall be called in question or shall become
invalid merely by reason of any vacancy among its
members.

(4) The manner of transaction of business of the

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

(5) The Executive Council shall be collectively

responsible to the General Council.

**Term of office** 25. A member of the Executive Council shall hold office until
**of the Executive** he -
**Council.**

(a) ceases to be a member of the General Council, or

(b) resigns his office in writing under his hand addressed

to the Chief Executive Councilor in which case the
resignation shall take effect from the date of

acceptance thereof.

Provided that in case of the Chief Executive Councilor,

the resignation shall be addressed to any one of the
Executive Councilors.

**Powers and** 26. (1) The executive powers of the General Council shall

**functions of the** vest in the Executive Council.
**Executive**

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

**Council**

Executive Council shall be deemed to have been
made or executed by or under the authority of the
General Council.

(3) Every order made or instruction issued or resolution


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##### 1608 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005

passed by the General Council shall be authenticated
by the signature of the Chief Executive Councilor in
his absence by any one of the Executive Councilors.

**General powers** 27. (1) The Chief Executive Councilor shall be the Chief of
**of the Chief** the Deori Autonomous Council and shall exercise
**Executive** such powers and discharge such functions as are
**Councilor** conferred on him by or under this Act or the rules

made thereunder.

(2) The Chief Executive Councilor shall, for the smooth

and convenient transaction of business of the

Executive Council, allocate among the Executive
Councilors such business iri such manner as he may
deem fit.

**Special power** 28. (1) The Executive Council may, in cases where the Chief
**of the Chief** Executive Councilor is required to take in accordance
**Executive** with the provisions of this Act or the rules made
**Councilor** thereunder or any other law for the time being in

force, any action subject to the approval of the

Executive Council by a general or special resolution,
authorize the Chief Executive Councilor to take such
action subject to such condition, if any, as may be
specified therein, in anticipation of such approval.

(2) Whenever the Chief Executive Councilor takes any

action under sub-section (1) above, he shall inform
the Executive Council forthwith and shall obtain the
approval thereof.

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

may direct.

(2) The meeting shall be convened by the Chief

Executive Councilor by giving seven clear days
notice in writing to each member of the Executive

                          - Council.

**Quorum i** 30. The Quorum for transaction of business at a meeting

of the Executive Council shall be three members
including the Chief Executive Councilor.


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THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005 1609

**CHAPTER-V**

**THE VILLAGE COUNCIL**

**Incorporation** 31. The village council shall be a body corporate having
**of the village** perpetual succession and a common seal with powers to
**council.** acquire, hold and dispose of property and shall sue or be

sued by its corporate name.

**Constitution of** 32. (1) The Village Council shall consist of 10(ten) members of
**the village** which 5(five) seats shall be reserved for the Deori community
**Council.** out of which at least one shall be a woman.

(2) Every member of the Village Council shall be entitled

to such sitting allowances as may be fixed by the village
council subject to the approval of the General Council and the
Government.

(3) The elected members of the village council shall, at

the first meeting after the election, elect from among
themselves, in the manner prescribed, -

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

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

**Term of Office.** 33. (1) The term of office of the Village Council shall be five

years from the date of the first meeting as appointed
by the Government after the election of the members,
unless dissolved earlier under section 68:

Provided that the Governor may, if he is

satisfied that circumstances exist which render the
holding of election, as provided, impracticable, extend
the term for a period not exceeding one year.

(2) Notwithstanding anything contained in sub-section (1)

above, the President or the Vice President of a Village
Council shall cease to hold office as such forthwith if
he, for any reason, ceases to be a member.

(3). Notwithstanding anything contained in sub-section (1)

or sub-section (2) above, the term of the Village
Council shall be co-terminus with the General Council.

**Resignation of** 34. (1) Any members of the Village Council may, at any time
**members of** by giving notice in writing addressed to the President, resign
**the Village** his office:
**Council.**

Provided that in case of the President the notice shall

be addressed to the Vice -President.


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##### 1610 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005

(2) Such resignation shall take effect from such date as

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

**Removal of** 35. (1) The President or the Vice President or both of a
**members of** Village Council may be removed from office by a
**the Village** resolution carried by a majority of the total number of
**Council.** the elected members at a 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 member 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 order, remove him from the office, if he

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

offence involving moral turpitude punishable with
imprisonment for any period exceeding six months ; or

(b) incurs any of the disqualification’s mentioned, in

section 54 after his election as member of the Village
Council; or

(c) is absent from three consecutive meetings of the

Village Council.

(3) Any members of the Village Council who is removed

from the office under sub-section (2) above may, within
thirty days from the date of the order, appeal to such

judicial Authority as the Government may prescribe and

the authority so prescribed after admitting an appeal
may, after complying with the normal and fundamental
principles of judicial proceedings, pass such order or
orders either confirming or modifying or setting aside
the order appealed against 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.

(4) The order passed by the Judicial authority referred to in

sub-section ( 3) above, on such appeal shall be final.

**Filling up of** 36. Any vacancy in the office of the President or Vice

**vacancy in the** president, by reason of death, resignation, removal or
**office of the** otherwise, shall be filled up within one month from the
**President or** date of occurrence thereof, from amongst the elected

**Vice President.** members of the Village Council in the same manner as

has been provided in section 32 for the election of the
President or the Vice President, as the case may be.


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#### THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005 161!

**Salaries,** 37. (1) The president and the Vice-President shall be whole
**allowances and** time functionaries and shall be paid out of the Village
**other** Council fund such salaries and allowances as may be
**emoluments.** 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 and** responsible for the maintenance of records of the Village
**duties of the** Council, for the administrative control and supervision of all
**President and** officers and employees in the Village Council.
**Vice President.**

(2) The President shall exercise such pow er, discharge

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

(3) The Vice - President of the Village Council shall

exercise such of the power, 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 foregoing

sub-sections, neither the President nor the Vice President
shall exercise such powers , perform such functions or
discharge such duties as may be required by the rules made
under this Act to be exercised, performed or discharged by the

Village Council at a meeting.

**Meeting of the** 39. (1) The Village Council shall meet at least once in every
**Village** three months for transaction of its business.
**Council.**

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

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

Provided that the first meeting of the Village Councii

after the election shall be held on such date and time as may
be appointed by the Government.

**Oath or** 40. Every member of the Village Council shall, before taking
**affirmation.** his seat, make and subscribe, before such person as may be

appointed by the Governor in this behaif, an oath or
affirmation in the manner and form as may be prescribed.

**Quorum.** 41. The quorum necessary for transaction of business at a

meeting of the Village Council shall be 4 (four) members and
the decision of the Village Council shall be by a single majority
of votes of the members present

**Office of the** 42. (1) There shall be an office of the Village Council at such
**Village** place as may be determined by the Village Council with the
**Council.** approval of the Government.


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##### 1612 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005

(2) The Government shall, in consultation with the

President of the Village Council, appoint a Secretary to the

Village Council.

(3) The Secretary to the Village Council shall be the

Chief Executive of the Village Council and shall act under the
direction and control of the President. All other officers and
staff shall be subordinate to him.

(4) The Secretary shall be present and take part in the

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

(5) The Government may, in consultation with the

President, depute such other officers or experts, as may be
required, to assist the Village Council on such terms and
conditions as may be determined by the Government.

(6) The Government may, form time to time, post such

other officers or staff as may be required so as to meet the
exigencies but while making 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

Confidential Reports by the Government.

(8) Notwithstanding anything contained in any of the

foregoing sub-section, the Government may, at any time, in
consultation with the President, withdraw the Secretary or any
other officer of staff posted or appointed by it in the office of the
Village Council.


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##### THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005 1613

**CHAPTER-VI**

**POWERS AND FUNCTIONS OF THE VILLAGE COUNCIL.**

**Subjects to be** 43. Notwithstanding anything contained in any other law or
**under the** rules for the time being in force, Village Council shall have
**control and** the executive power in relation to the Village Council Area
**administration of** over the following subjects
**the Village**
**Council.**

1. Agriculture including Agricultural Extension,

2. Animal Husbandry, Dairy Development and Poultry,

3. Fisheries,

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

fodder,

5. Khadi, Village & Cottage Industries,

6. Rural Housing,

7. Drinking water,

8. Road, building, culverts, bridges, tunnels, waterways and

other means of communication,

9. Rural Electrification,

10. Non Conventional Energy Sources,

11. Poverty alleviation programme,

12. Education including Primary Schools,

13. Adult & non-formal education,

14. Libraries,

15. Cultural activities,

16. Markets and Fairs,

17. Rural Sanitation,

18. Public Health & Family Welfare,

19. Women & Child Development,

20. Social Welfare including Welfare of handicapped &

mentally retarded,

21 .Welfare of weaker section and in particular the SC/ST,

22. Public Distribution System,

23. Maintenance of community assets,

24. Construction and maintenance of Dharamsalas and


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#### 1614 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005

similar Institutions,

25. Construction and maintenance of cattle sheds , pounds

and cart stands,

26. Maintenance of public parks and play grounds,

27. Construction and maintenance of slaughter houses, t
28. Maintenance and regulation of manure,

29. Such other functions as may be entrusted by the

Government from time to time.

**Other matters to** 44. Subject to the General policy of the Government and
**be under the** subject to the general control and supervision of the General
**control and** Council, the Village Council shall - z
**administration of**

(i) formulate integrated development plans for the

**the village**

Village Council Areas,

**council.**

(ii) implement schemes and programmes for the

development of the Village Council Area,

(iii) have powers to appoint Class-Ill 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 licenses to
individuals within the Village Council Area.

(v) guide customs and traditions and social justice of
Deori community according to their traditional laws,
and

(vi) allot permits for trade and commerce to the people
residing in the Village Council Area preference being
given to the Deori Community.

**Power to impose** 45. (1) Subject to the provisions of any other laws for the
**levy and collect** time being in force and subject to the previous approval of

**taxes.** the General Council, the Village 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 manner as may be prescribed :

Provided that the tax or taxes as aforesaid shall be

collected from such date as may be appointed by the
Government by notification in this behalf in the Official
Gazette.

(2). Subject to sub-section (1) and such maximum rates

as the Government may prescribe, the Village Council shall,-

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

class for the use of any bridge, or road other than
kacha road, or ferry constructed or established by it


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##### THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005 1615

(b) levy the following fees and rates namely -

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

(ii) fees for providing sanitary arrangements as such

places or worships, pilgrimage, fairs, melas or other
public places within the Village Council Area as
may be specified by the Government by notification
in the official Gazette ;
*> '

(iii) fees for licenses ;                             -

(iv) water rates where arrangements for irrigation or

drinking water is made by it within the Village
Council Area;

(v) lighting rate where arrangements for lighting on

public streets or places are made by it within the
Village Council Area.

(3) . Notwithstanding anything contained in the foregoing

sub-sections, the Village Council shall not undertake
registration of any vehicle or levy any fee in respect
thereof and shall not provide sanitary arrangements
at places of worship, pilgrimage, fairs, melas or other
public places within the Village Council Area or levy
any fees in respect thereof, if such vehicle has
already been registered by any other authority under
the law for the time being in force or if such provision
for sanitary arrangements has already been made by
the Government or any other local authority.

(4) . The collection of tolls, fees or rates and the terms and

conditions for the imposition thereof shall be such as
may be prescribed by the bye-laws. Such bye-laws
may, interalia, provide for exemption from all or any
class of cases.

**Power to entrust** 46. Notwithstanding anything contained in this Act, the
**functions.** Government may, in consultation with the Village 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 extends.

**Power to** 47. Notwithstanding anything contained in Section-3, the
**acquire, hold** Village Council subject to the previous approval of the
**and dispose of** Government and subject to such terms and conditions as
**property.** may be imposed by the Government, shall have the power

to acquire, hold and dispose of any immovable property or
movable property the value of which exceeds rupees fifty
thousand and to enter into any agreement or contract with
any party or authority.


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##### 1616 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005

 CHAPIER^VII

 ELECTION

 Delimitation. 48. (1). There shall be 10 (ten) constituencies in a Village

Council Area for electing members to the Village Council.
Each such constituency shall be a single member

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 Council Area or the
Council Area shall be delimited for the purpose of election of
members to the Village Council and the General Council.

##### Power to 49. Notwithstanding anything contained in Section 48 above, amend or alter the Government may, by order published in the official delimitation. Gazette, alter or amend the order made under Section 48:

Provided that no such order shall be made after the

commencement of the election process.

##### Electoral roils. 50. (1) Subject to the provisions of this Act and the rules made

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

(2) The electoral rolls of the Village Council constituencies

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

(3) Persons whose names are included in the electoral roll

as aforesaid in sub-section (I) or (2) above, shall be the

electorate for the eiection of members of the Village Council or
the General Council, as the case may be.

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

prescribed, cause to be published the electoral roll in respect
of a constituency.

##### Right to vote. 51. (1) Save as otherwise provided in this Act every person

whose name is entered in the electoral roll for the time being
in force, of any constituency shall be entitled to vote in that
constituency.


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##### THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005 1617

(2) No person shall vote at an election in any **Central**

constituency, if he is subject to any of the A c t 4 3

disqualification referred to in Section 10 of the ’

Representation of Peoples Act, 1951. **of 1951.**

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

**(4)** No person shall vote in the same constituency more than

once.

(5) No person shall vote at any election if he is confined in a

prison, whether under a sentence of imprisonment or
otherwise or in,the lawful custody of police:

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

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

**Election of** 52. Election of members shall be held in accordance with the
**members.** rules made under section 60 and the first election for the

purpose of constituting the General Council and the Village
Council shall be held on such date or dates as the
Government may direct in consultation with the interim Deori

Executive Council referred to in section 80.

**Qualification** 53. A person shall be qualified to be elected as member of
**for member** either the Village Council or the General Council if he is an
**ship of village** elector as defined in clause (f) of section 2.
**council or**
**General**
**Council.**

**Disqualificatio** 54. (1) A person shall not be qualified for being elected either
**n for member­** to the Village Council or the General Council, if -
**ship of Village**

(a) . he is not a citizen of India.

**Council or**
**General** (b) . he is less than 18 years of age on such date as may be
**Council.** fixed by the Government; or

(c) . he has been elected to any Municipality, Panchayat

within the State of Assam ; or

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

Municipality or other authority ; or

(e) . he has either directly or indirectly by himself, or by the

person or employer or employee, any share or interest in
any contract with, by or on behalf of the Village Council,
General Council or a Municipality or Panchayat within the
Council Area:

Provided that no person shall be deemed to **Central**

be so disqualified by reason only of his having a

**Act of**

share or interest in a public company, as defined
in the Companies Act, 1956, which contracts with **1956.**
or is employed by a Municipal Authority or


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##### 1618 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005

Panchayat within the Council Area; or

(f) he has been dismissed from the service of the

Central or State Government or a local

authority or a Co-operative Society or a
Government Company as defined in the **Central**

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

(g) he has been adjudged by a competent court to

be of unsound mind ; or

(h) he has been convicted by a court of an offence

involving moral turpitude punishable with

imprisonment for a period of more than six Qe n t f a |
months or an offence under Chapter IX A of the A [ * ]

Indian Penal Code or Chapter-Ill, Part ill or Part

VII of the Representation of peoples Act, 1951

and five years have not elapsed from the date
of expiration of the sentence :

Provided that a person shall not be disqualified

under this section, by reason only of his being a
member, President or Vice-President of the Village
Council or a member of Chief Executive Councilor
or Executive Councilor of the General Council.

Filling up of 55. Where the office of any member becomes vacant by
vacancies. reason of his death, resignation, removal or otherwise, the

vacancy shall be filled by election in accordance with the
provisions of this Act and the rules made thereunder.

Validation. 56. Where the members elected at an election are restrained
from functioning on account of the election as a whole being
set aside by order of court, anything done or any action taken
by such members before they are so restrained or before the
election is so set aside, as the case may be, shall be deemed
to have been validly done or taken.

Publication of 57. The names of all persons elected to Village Councils and
results of the General Council shall be published by the Commission in
elections. the Official Gazette and upon such publication, the Village

Councils and the General Council shall be deemed to have
been duly constituted.

Vacation of 58. If an elected member is chosen to be a Member of

post. Parliament or the State Legislature, and of General Council in

case of a member of the Village Council, then at the expiration
of fourteen days from the date of publication in the Gazette of
India of the Official Gazette, as the case may be, of the
declaration that he has been so chosen, the seat of such

member in the General Council or the Village Council, as the


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#### THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2UU0 1019

case may be, shall become vacant unless he has previously
resigned his seat in the Parliament, or the State Legislature or
the General Council, as the case may be.

**Disputes** 59. (1) No election shall be called in question except by an
**regarding** election petition presented in such manner as may be
**election.** prescribed and before such authority as may be appointed by

the Government, from time to time, by notification in the
Official Gazette:

Provided that no person below the rank of Assistant

District Judge, in case of member of Village Council and
District Judge, within the meaning of Article 236 of the
Constitution, in case of member of the General Council, shall
be appointed for the purpose.

(2). No election shall be called into question except on anyone
or more of the following grounds, namely

(a) that on the date of his election the returned candidate

was not qualified or was disqualified to be chosen to fill
the seat in the Village Council or the General Council,
as the case may be;

(b) that corrupt practice has been committed by a returned

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

**Explanation.** For this purpose, ‘corrupt practice’ shall mean **Central Act**

any of the corrupt practices specified in section 4 3 ^gg^

123 of the Representation of Peoples Act,
1951.

(c) . that any nomination has been improperly

rejected;

(d) . that the result of the election in so far as it

concerns the returned candidates has been
materially affected -

(i) by the improper acceptance of any

nomination; or

(ii) by any corrupt practice committed in the

interest of the returned candidate by an
agent other than his election agent; or

(iii) by improper reception, refusal or rejection

of any vote ; or

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

(v) by any non-compliance with the provisions

' of this Act, or of any rules or order made

thereunder.


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##### 1620 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005

(3) At the conclusion of trial of any election petition, the

authority appointed under sub-section (I) shall make an
order -

(a) dismissing the election petition ; or

(b) declaring the election of all or any of the returned

candidates to be void; or

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

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

(4) If a petitioner, in addition to calling in question the

election of a returned candidate, make a declaration
that he himself or any other candidate has been duly
elected and the authority under sub-section (I) is of the
opinion that -

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

received the majority votes, or

(b) but for the votes obtained by the returned

candidate by corrupt practice the petitioner or such other
candidate would have been obtained the majority of the valid
votes, the authority as aforesaid shall, after declaring the
election of the returned candidate to be void, declare the
petitioner or such other candidate, as the case may be, to
have been duly elected.


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##### THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005 1621

**Powers to** 60. , The Government may, by notification in the official
**make rules** Gazette make rules to regulate all or any of the following
**regulating the** matters for the purpose of holding election to the Village
**election of** Councils and to the General Council under this Act
**members**

(a) , the designation of the officer or authority 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 electoral roll under section 50.

(b) . the appointment of Returning Officers, Presiding Officers

and Polling Officers for election ;

(c) the drawing up of programme for election ;

(d) the nomination of candidates and security of nominations;

(e) the deposits to be made by the candidates and the time
and manner of making such deposits

(f) Withdrawal of candidature ,

(g) Appointment of agents of candidates ;

(h) the filling up of casual vacancies ;

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

(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 opinion of the Government, adequate provision is
necessary.


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##### 1622 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005

**CHAPTER-VIII**

**FUNDS, AUDIT AND BUDGET**

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

(2)Each fund as aforesaid shall be under separate Sub­

Heads within the state budget to be held for the purpose of

this Act and all moneys realised or realisable under this Act
and all moneys otherwise received by the General Council
or the Village Council, as the case may be, shall be credited
to its respective fund.

(3) . The Government shall provide funds to the General

Council Fund and the Village Council Fund from the Tribal
Sub-Plan and other resources in accordance with the
appropriate formulas to be worked out keeping in mind the
resources of the Government, priorities or development

works in other areas including other tribal areas along with
other relevant deciding factors.

(4) . The following shall be deposited to the village

Council Fund :-

(a) contributions and grants received from the

Government.

(b) contributions and grants from the General Council.

(c) all receipts on account of donation, rates, fees,

taxes etc.

(d) all other sums received by or on behalf of the

Village Council.

(e) land revenue and local rates, if any, on land

including Tea Garden, which falls in the Village
Council Area.

(5) The allocation made under these Sub-Heads shall be in
keeping with the guidelines laid down by the Government of
India from time to time in the spirit of the Constitution of
India.

(6) The Government shall not divert the fund allocated
under these Sub-Heads except in exigencies, when there is
unavoidable budget deficit.

(7) All funds, as may be allocated by the Central
Government or the State Government for the General
Council or the Village Council, as the case may, be shall be
assigned to it and shall be credited to the General Council
Fund or the Village Council Fund, as the case may be,


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##### THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005 1623

(8) The Generalpouncil or the Village Council, as the ca|a
may be, subject to the provisions of loam by any w

relating to the raising of local authorities, may raise with the
approval of the Government loans for the purposes of this
Act and create a sinking fund for the repayment of such
loan.

(9) The money credited to the General Council Fund or the
Village Council Fund shall be applied for the payment of all
sums, charges and costs necessary for carrying out the
purposes of this Act.

(10) No payment shall be made out of the General Council
Fund or the Village Council Fund unless such expenditure
is covered by a current budget grant:

Provided that the General Council or the Village Council

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

Provided further that such expenditure shall be reported

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

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

Council or the Village Council, as the case may be, at the
end of the financial year, shall be invested in accordance
with such bye-laws as may be made by the General
Council, in this behalf:

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 year.

(12) . The General Council shall make bye-laws for the

management of the General Council Fund and the Village
Council Fund and for the procedure to be followed in
respect of payment of money into the said funds,
withdrawal of moneys there from, the custody of the

moneys therein and any other matter incidental thereto or
connected there with.

(13) . The accounts of the General Council and the Village

Council shall be kept in such form and manner as may be
prescribed in consultation with the Accountant General,
Assam.


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1624 THE ASSAM GAZETTE, EXTRAORDINARY,. MAY 17, 2005

**Audit.** 62. Subject to the provisions of the comptroller **Central**
and Auditor General’s (Duties, Power and «

Conditions of Service), Act, 1971 and the rules
and the orders made thereunder, the audit of the **56 of**
accounts of the General Council and Village **-^97*1.**
Council shall be entrusted by the Government to
the Comptroller and Auditor General of india who
may submit to Government such report thereon
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
comments, if 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 to prepare in each financial
year a budget of its estimated receipts and disbursements
for the following financial year and submit it to the
Government by 1[st] November of the current financial year.
The Village Councils also shall prepare its budget in the like
manner and shall submit the same to the General Council
for consideration and onward transmission to the

Government on or before the 1st October of the current
financial year.

(2) . The Government may within such time as may be

prescribed, either approve the budget or return it to General
Council or the Village Council concerned, as the case may '
be, for reconsideration on the observations of the

Government, if any. The General Council or the Village
Council concerned as the case may be, shail there-upon
resubmit the budget along with its comments on the
observation and if the approval of the Government upon
such submission or resubmission as the case may be, is
not received by the General Council or the Village Councils
as the case may be, the budget shall be deemed to have
been approved by the Government.

(3) . No expenditure shall be incurred unless the budget

of the General Council as well as the budget of the Village
Councils are either approved or deemed to have been
approved by the Government.


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THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005 1625

**CHAPTER-IX**

**MISCELLANEOUS**

**Effect of bye­** 64. All the bye-laws, regulations made, orders passed and
**law, etc.** notifications issued under this Act by the General Council or

the Executive Council or the Village Councils, as the case
may be shall be subject to maintenance of security and safety
of the State of Assam and Government and shall have the
powers to take such steps as may be deemed necessary for
the purpose.

**Power to issue** 65. The Government shall have the general power to issue
**instructions** instructions from time to time for the purpose of

implementation of this Act.

**Protection of** 66. All rights and interest of the non-tribal citizens and other

**the right of the** ethnic groups other than the Deori Community within the
**non-tribal and** Council Area as exist at the commencement of this Act, in
**other ethnic.** matters pertaining to their language, literature, culture,

religion, customs and traditions, trade and commerce,
industry, land, etc, shall be protected.

**Properties** 67. (1) Subject to such restriction as the Government may

**situated in the** impose, all properties specified below and situated in the
**Council Area.** Council Area shall vest in and belong to General Council,

namely -

(a), all public buildings constructed or maintained out of the

General Council Fund.

(b) . all public roads which have been constructed and

maintained out of the General Council Fund and stones
and other materials thereof and also trees, erections,
material implements and things provided for such roads ;

(c) . all land and other properties movables or immovable

transferred to the General Council by the Government;

(d) . such properties owned and controlled by the Municipality

or the Panchayat as may be assigned, to the General
Council by the Government.

(2). Notwithstanding anything contained in sub-section (I)

above all the properties specified in sub-section (I) and
construction and maintenance of which has been done out
of the Village Council Fund shall vest in and belong to the
Village Council within the area in which the property is
situated.

(3). The properties vested under sub-section (I) or (2) above
and all other properties which may become vested in the
General Council, as the case may be, shall be under the


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##### 1626 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005

management, direction and control of the General Council or
the Village Council concerned as the case may be.

##### Dissolution of 68. (I) The Governor may, if he is satisfied, on receipt of a General Council report or other wise and in consultation with the Judicial Executive Department of the Government that a situation has arisen in Council, and which the administration of the Council Area cannot be Village Council. carried out in accordance with the provisions of the law for

the time being in force or the general or the special
instructions issued by the Government from time to time, by
notification in the Official Gazette, dissolve the General
Council, the Executive Council and the Village Council before
the expiry of the term and assume to himself all or any of the
powers and functions of the General Council, the Executive
Council and the Village Councils and declare that such power
and functions shall be exercised by such persons or authority
as he may specify in this behalf for a period not exceeding six
months at a time.

(2). Every order made under sub-section (I) above shall be

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

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

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

(b) . all powers, duties, functions of the General Council, the
Executive Council and the Village Council shall be exercised,
discharge and performed by such authorities or person as
may be appointed by the Governor in this behalf.

##### Special 70. The Government shall consult and give due regard to the provision for views of the General Council before any law is made and Council Areas. implemented in the Council Area on the following subjects,

namely -

(i) the religions and social practice of the Deori

Community;

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

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

##### Reservation for 71. Subject to the provisions of the law for the time being in services. force the General Council shall have the power to

reserve jobs for the Scheduled Tribes within its

jurisdiction.


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THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005 1627

**Members,** 72. The Chief Executive Councilor, the Executive Councilors
**Officers and** of the General Council and the President and the Vice
**employees to** President of the Village Councils shall be deemed to be
**public servants.** public servants within the meaning of section 21 of the Indian

Panel Code.

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

Executive Council or the Village Council, as the case may be,
shall be deemed to be invalid merely by reason of existence
of any vacancy therein or any defect or irregularity in the
constitution thereof.

**Immunity** 74. No suit or other legal proceedings shall lie against the

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

**Interpretation** 75. If any question arises as to the interpretation of this Act

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

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

inconsistent with the provisions of this Act as may appear
necessary or expedient for the purpose of removing the
difficulty.

**Special status.** 77. The General Council shall, within the laws for the time

being in force, take steps to protect the demographic
complexion of the areas falling within its jurisdiction.

**Application of** 78. If any provision of the bye-law made by the General
**Acts of the** Council is repugnant to any provision of the law made by the
**legislature of** Legislature of the State of Assam, with respect to that matter

**the State.** then the bye-law so made, whether before or after the laws

made by the Legislature of the State of Assam, shall to the
extent of repugnancy be void and the law made by the
Legislature shall prevail.

**Power to make** 79. (1) The Government may make rules providing for any
**rules.** matter which under any provision of this Act is required to be

prescribed or to be provided for by rules.

(2) Every rules made under this section shall be laid, as

soon as may be after it is made before the State legislature,
while it is in session for a total period of fourteen days which

may be comprised in one session or in two or more
successive sessions and if before the expiry of the sessions
immediately following the session or the successive sessions
aforesaid, the State Legislature agree in making any
modification in the rule or the State Legislature agrees that
the rule should not be made, the rule shall thereafter have


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1628 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005

effect only in such modified form or be of no effect, as the
case may b e :

Provided however that any such modification or

annulment shall be without prejudice to the validity of
anything previously done under the rule.

**Transitional** 80. The Government shall, as soon as possible, take steps
**provisions.** for the constitution of an Interim Deori Executive Council by

nomination until the General Council is constituted under this
Act, The interim Executive Council shall, in addition, look
after the duties of the Village councils till the same are
constituted under this Act.

**Saving.** 81. Nothing in this Act shall affect the application 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.

**Explanation.** For the purpose of this section ' Law’ shall, include any

enactment, ordinance, regulation, order, bye-law, rule,

scheme, notification or other instrument having the force of

law.

                      - •

**M .K.DEKA**

**COMMISSIONER & SECY. TO THE GOVT.OF ASSAM**

**LEG ISLA TIV E D E F T T .**

z

##### GUWAHATI- Printed & Published by the Dy. Director (P&S), Directorate of ptg. & Sty.,
 Assam, Guwahati - 21, (Ex-Gazette) No. 387-500-600-17/5/05


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