The SONOWAL KA CHARI AUTONOMOUS COUNCIL ACT, 2005
Registered No. ~768/97

## THE ASSAM GAZETTE

###### ~>tt~ttt

 EXTRAORDINARY
 en~~~·~
 PUBLISHED BY ·AUTHORITY

'if~. 193 ~~. ~. 17~', 2005, 27 ~'it. 1927 (¥!<IS)

###### No, 193 Dispur, Tuesday, 17th May, 2005, 27th Vaisakha, 1927 (S.E.)

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

 NOTIFICATION
 The 11th May, 2005

 No. LGL. 34/2005/8---The following Act of the Assam Legislative Assembly which received the assent of the Governor is hereby published for general information.

 ASSAM ACT NO. XX OF 2005
 ( Received the assent of the Governor 8th May, 2005)

THE SONOWAL KA CHARI AUTONOMOUS COUNCIL ACT, 2005

###### AN
ACT

to provide for the establishment of an administra,tive

authority in the name and style of Sonowal Kachari Autonom~us Council
and for certain matters incidental thereto and connected therewith.
Whereas it is expedient to provide for the establishment of a

Preamble.

Sonowal Kachari 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 Sonowal Kachari
and other Scheduled Tribes population without having any compact area
for social, economic, educational, ethnic and cultural advancement of the
Sonowal Kachari and other Scheduled Tribes Communities residing
therem.

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

as follows:-


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###### 1562 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005

 CHAPTER-I

 PRELIMINARY

Short title, extent t. ( 1) This Act may be called die Sonowal Kachari Autonomous
###### and Council Act, 2005.
commencement. (2). It extends to the whol~ of the state of Assam.

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

Government may, hy notification in the Official
Gazette, appoint and different dates may he 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 hye-law framed by the
General Council;

(b) · 'Constitution' means, the Constitution of India;

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

(d) 'Couhcil Area' means the Sonowal Kachari
Autonomous Council Area ;

( dd) "Core Areas" means the compact and contiguous
areas predominantly inhabited by Sonowal
Kachari community and having more than 50%

Schedule Tribes populations as a whole in the
area and not necessarily in the individual
villages.

(e) ' Executive Council' means the executive body
of the General Council nf the Sonowal Kachari
Autonomous Council c1 instituted under section
3 (3) and 24 ;

(f) ' Elector' in relation ~v ,1 constituency means a
person whose name is i..:ntered in the electoral
roll of that constituency :

(g) ' General Council Fund· and ' Village Council
Fund' means the funds con~tituted under section 61 ;

(h) 'Government' means the State Government of
Assam;

(i) 'Governor' means the Gnvernor of Assam ;

(j) 'General Council 'mean~ the General Council
###### of the Sonowal Kachan Autonomous Council
referred to in section 3 ; Assam

(k) 'Gaon Panchayat', ' An~halik Panchayat' and Act

XVIII

'Zita Parishad' have the same meaning defined

###### of 1994

in the Assam Panchayat t\ct, 1994 ;


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###### . THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005 1563

(I) 'Member' means a mc:mber of the Village

###### Council or the General Cc,uncil or the Executive Council, as the case may be i

AHom

(m) 'Municipality' has the snine meaning as in the **Act** **XV**

###### Assam Municipal Act, l 956; of 1957
 (n) 'Notification' means the notification issued under this Act ;

(o) 'Official Gazette' means 1he Official Gazette of

###### Assam;

(p) 'prescribed' means pres~ribed by rules made
under this Act;

(q) Satellite area" means the area or areas consistin~

###### of non contiguous duster of villages

predominantly inhabited by Sonowal · Kachari

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

Sonowal Kachari

Sonowal Kachari Autonomous Council within the State of

Autonomous

Assam comprising of thl..' areas of the Village Councils as

Council.

may be specified by the Government by notification in the
Official Gazette.
(2) The Sonowal Kachari Autonomous Council shall have

maximum autonomy within the frame work of the
Constitution.
(3) The Sonowal Kachari Autonomous Council shall have a

General Council and an Executive Council as. provided

_l_ hereinafter.

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

Village Council

each village having :)()% or more Scheduled Tribe

population.
(2) Each Village Council area shall consist of approximately

3000 to 5000 population.

(3) Each Village Council shall con·sist of I 0 (Ten) elected

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


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###### MAY 17,

 CHAPTER-II

 THE GENERAL COUNCIL

 Incorporation of 5. The General Council shall be a body corporate having
**the General** perpetual succession and <1 common seal with powers to
###### Council 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 30 (Thirty) elected

###### Constitution of the

members out of whkh 4 (Four) members shall be

**General Council.**

nominated by the G1)vernment of Assam to give

representation to those group _I_ communities of the

                         - council area which are not other wise represented in it.

Out of 26 (Twenty Six) seats, 20(Twenty) seats shall be
reserved for scheduled tTibes and 5 (Five) seats shall be ,
for women.

(2) The Members of Parliament and the members of the
legislative Assembly, \ssam 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 Exec11tive 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 Chie!' 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 1>f the members of the General
Council"

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

                          - ears from the date of the first meeting as appointed by the
Government after the ekction of the members, unless
dissolved earlier under seeiion 68.

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

Governor may, if he is sausfied that circumstances so exist
which render the holding of the election, as provided,
impracticable, extend the term for a period not exceeding
one year


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###### THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005 1565

 Resignation of 8. (1) Any member of the General Council may, at any time, by members of the giving notice in writing addressed to the Chief Executive General Council. Councilor, resign his office;

Provided that in case of th.:: 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 Coundlor or the Executive Councilors Membefs of or any one of them or all of them may be removed from General Council. office by a resolution l;arried by a majority of the total

number of the elected members at a special · meeting of

the General Council {;ailed 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 < :ouncil 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 oflice, 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 < ir modifying or setting aside the

order appealed against and pending the final disposal of
the appeal inay 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, allowances 10.(l)The Chief Executive Councilor and the Executive
and other Councilors shall be whole time functionaries and shall be
emoluments naid out of the General Council Fund such salaries and


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1566 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005

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 prest;ribed.

Filling up of 11. (I) Where the office of any member falls vacant by reason of
Vacancies. 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 (l) above . shall hold such office only for the
remainder of the term of the General Council or the
period extended linde1 sub-section (3) of section 7.

12.( 1) The Chief Executive Councilor shall -·

(a) be responsible for the maintenance of the records of the
General Council:

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

(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 di~charged by the General Council
under this Act or the rules made thereunder;

Provided that the Chief Executive Councilor shall not
exercise such powers, pert orm 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 every three
General Council. months for transaction ol its business.


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###### ...
 IBE ASSAM GAZETTE, EXT1AORDINARY, MAY 17, 2005 1567

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

headquarter of the Sonowal Kachari 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
app?inted by the Government.

Oath of affirmation . (14). Every member of the General Council shall before taking
by members. his seat, make and subscribe before such person as may be
appointed by the Governor in this behalf an oath or
affinnation 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 15 (Fifteen
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 Gazette,
General Council. declare any place within the Council Area to be the

Head Quarter of the Gt·neral Council.

Secretariat of the 17. (1) There shall be a secretariat for the Sonowal Kachari
Sonowal Kachari Autonomous Council at the head-quarter of the General
Autonomous Council headed by a Principal Secretary to be appointed

by the Government in consultation with the Chief

Council.

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 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 circumstance~; 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 tenn 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, de1ermine.


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_15_6_8 __ T_H_E_A_S_SA_M_. _G_A_Z_ET_. T_E __ ,_E_X_T_R .. _A_O_R_D_IN_A_R_Y_._.,_. _M_A_Y_l_...7 ,_· _20_0_5_--'~

###### (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 Class-II and abov~ 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 .;taff posted in the Council Area

shall be accountable tc 1 the General Council for their
performance and assessment of their works recorded by

the Executive Counci I shall be incorporated in their

Annual' Confidential Reports by the Government.

(10). Notwithstanding anythmg contained in sub-section (5)
above, the Government may, at any time in consultation
with the Chief Executive Councilor, withdraw the
Principal Secretary CH any other officer posted or

appointed by it in the Se~retariat.


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###### THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005 1569

CHAPTER-Ill

POWERS AND FUNCTIONS OF THE GJ [1]:NERAL COUNNCIL

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

Council~ 1. Cottage Industry,

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 fo r protection of villages (not of

highly. technical nature),

18. Sports and Youth Welfare,

19. Weights and measures,

###### 20. Library Services,

21 . Museum and Archaeology,

22. Urban Development, Town and Country Planning,

23. Tribal Research,

24. Land and Land Revenue,

25. Publicity and Public Relation,


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###### 1570 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005

26. Tourism,

27. Transport,

28. Any other matter connected with development,

29. Municipal Board, Improvement Trust, District of Boards and

other local-self Governmen < 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** **be** 19. Subject to the general policy of the Government , the

**under the control** General Council shall ··
**and administration**

(i) formulate integrated development plans for the Council

**of the General**

Area;

**Council**

(ii) implement schemes and programs for the development of
the Council Arca;

(iii) have powers to appoint Class-HJ and Class-IV staff

. within the Council Area ;

(iv) have powers to regulat>.! 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 ;

(v) guide customs and traditions and social justice of the
Sonowal Kachari community according to the traditional
laws;

(vi) Organize special recruitment drive inte> Army, Navy, and
other para-military forces, Police Forces and other
Central Government e:,tablishment for appointments of
the persons belong to th1~ Sonowal Kachari community ;

(vii) Allot permits for tra<fo and commerce to the people
residing in the Council Area preference being given to the
Sonowal Kachari C<?mmunity.

**Powers to impose,** 20 (1). Subject to the provisions of any other law for the time
###### levy and collect being in force, the General Council shall have the powers
**taxes.** to collect within the C :ouncil Area such taxes as are

payable under the Jaw for 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.


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THE ASSAM GAZETTE, EXTRAORDINARY, MAY.17, 2005 1571

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

Government may prescribe, the General Council shall-

(a) levy tolls on persons, vehides 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 \)f 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 Arca,

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

(3). Notwithstanding anything contained in the foregoing sub-

sections, the Genera! Council shall not undertake
registration of any veriicle 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 impo:.;ition 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 anythinf" contained in this Act, the
functions. Government may, in consultation with the General Council,

entrust either conditionally or without any condition, to the
General Co11ncil 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 c•mtained in Section 5, the General

hold and dispose of Council, subject to the previous approval of the Government
property. and subject to such terms and conditions as may be imposed


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###### 1572 THE ASSAM GAZETTE; EXTRAORDINARY, MAY 17, 2005

by the Government, shall have the power to acquire, hold or
dispose of any imm.ovable 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 bye-** 23. (1) The General Council may, subject to the provisions of
**laws** 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, I 9A3 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.

f


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"",..:., THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005 1573

I

CHAPTER-IV

###### THE EXECUTIVE COUNCIL.

The Executive 24. (1) The Executive Council shall consist of the Chief Executive
Council Councilor and the Ex:.ecutive Councilors elected in

accordance with the provisions of sub-section (4) of ·
section6.

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

(3)Any casual vacancy among the members of the Executive

Council occurring by reasons of death, resignation
removal or otherwise :'hall be filled through election by
the members of the General Council in the same manner
as provided in sub-seclion (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 of 25. A member of the Executive Council shall hold office until he -
the Executive

(a) ceases to be a member of t.tte General Council, or

Council.

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

(2) All orders or instructiims made or executed by the
Executive Council shall he 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 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.


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###### 1574 THE ASSAM GAZETTE, EXTRAORDINARY; MAY 17, 2005

General powers 27. (1) The Chief ·Executive Councilor shall be the Chief of the
of the Chief Sonowal Kachari Autonomous Council and shall exercise
Executive such powers and discharge such functions as are conferred
Councilor 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 in such manner as he may deem fit.

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

to the approval of the EJ<.ecutive 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 Exe1.:utive 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 '>hall meet at least once in every
Executive three months for transaction of its business at such place
Council. and time as the Chieffawcutive Councilor may direct.

(2) The meeting shall be <~onvened by the Chief Executive
Councilor by giving sewn clear days notice in writing to
each member of the Executive Council.

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

Executive Couricil shall be three members including the
Chief Executive Council< ir.


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###### THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005 1575

                      - CHAPTER-V

THE VII.,LAGE COUNCIL

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

name.

Constitution of 32. (1) The Village CounCil shall consist of I O(ten) members of
the village which 5(five) seats shall be re~ :erved for the Sonowal Kachari
Council. community 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 dection, elect from among themselves, in the
manner prescribed, -

(j) 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 dection 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, , ~ X.tend the term for a period not
exceeding one year.                           -

(2) Notwithstanding anythin~:. contained in sub-section (l)

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 ( l) or

sub-section (2) above, th':: 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 by

members of the giving notice in writing addressed to the President, resign his office:
Village Council.

Provide~ that in case of the President the notice shall be
addressed to the Vice - President.

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


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1576 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005

specified in the notice or if n<J such date is specified, from the

date of its receipt by the offfo.: bearer addressed.

###### Removal of 35. (1) The President or the Vice President or both of a Village
members of the Council may be removed from office by a resolution carried
Village Council. by a majority of the total number of 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 g1.ving 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 ·>f 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 president, by
vacancy in the reason of death, resignation, removal or otherwise, shall be
office of the filled up within one month from the date of occurrence
President or Vice thereof, from amongst the elected members of the Village
President. Council in the same manner as has been provided in section

32 for the election of the Prnsident or the Vice President, as
the case may be.                             -

Salaries, 37. (1) The president and the Vice-President shall be whole time
allowances and functionaries and shall be paid out of the Village Council
other fund such salaries and allowances as may be prescribed.
emoluments.

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

the Vice- president shall be such as may be prescribed.


-----

###### THE ASSAM GAZETTE, E?CTRAORDINARY, MAY 17, 2005 1577

Powers, 38. (1) The President of the Village Council shall be responsible for
functions and the maintenance of records ol' the Village Council, for the
duties of the administrative control and supervl .~ion of all officers and employees
President and in the Village Council:
Vice President.

(2) The President shall exercise such power , 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 uf 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 itl 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 three

Village Council . . months for transaction of its busim:ss.

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

###### of the Village Council or at such other convenient place at such time

as may be notified by the President·

Provided that the first meeting of the Village Council after

the election shall be held on such date and time as may be appointed

by the Government.

Oath or 40. Every member of the Villag1 ; Council shall, before taking his
affirmation. seat, make and subscribe, before mch person as may be .appointed

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

Quorum. 41. The quorum necessary for tran:•action of business at a meeting of

the Village Council shall be 4 (fiiur) 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 place
Village Council. as may be ·determined by the VilLtge Council with the approval of

the Government. _

(2) The Government shall, in consultation with the President of

the Village Council, appoint a Sec1-.,:tary 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.


-----

###### THE ASSAM GAZETTE. EXTRAORDTNARY. MAY 17, 2005 1579

CHAPTER-VI

POWERS AND FUNCTIONS OF THE VILLAGE COUNCIL.

Subjects to be 43. Notwithstanding anything eontained in any other law or rules
under the control for the time being in force, Village Council shall have the
and executive power in relation to 1he Village Council Area over the
administration of 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 Developme11t,

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 (If Dharamsalas and similar
institutions,


-----

###### 1580 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005
~~~~~~~~---~~~~~~---~~~~~~~~--'"--~~~"""-------~~~-'~

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

stands,

26. Maintenance of public parks and play grounds,

27. Construction and maintenance of slaughter houses,

28. Maintenance and regulation of manure,

29. Such other functions as may lhe entrusted by the Government

from time to time.

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

{i) formulate integrated development plans for the Village

the village council.

Council Areas,

###### '(ii) implement schemes and programmes for the development of the Village Council Ar0a,

{iii) have powers to appoint Class-III and Class-TV 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 Sonowal

Kachari 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
Sonowal Kachari Community.

Power to impose 45. (I) Subject to the provisions of any other laws for the time
levy and collect .being in force and subject to the previous approval of th~ General
taxes. 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 tlie 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 ( l) 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 ;

(b) levy the following fees and rates namely -

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

(ii) fees for providing sarntary arrangements as such places
or worships, pilgrima~e, fairs, melas or other public


-----

###### THE ASSAM GAZETTE, EXTRAORDINARY, MAY l 7, 2005 1581

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 arrm1gements for irrigation or drinking
water is made by it witf1in 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 provisi'm 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 ex..:mption 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 withou1 any condition to the Village
Council or its offifers any functions in relation to any matter not
enumerated in Section 43 to which the executive power of the
Government extends. '

Power to acquire, 47. Notwithstanding anything Cl)ntained in Scction-3, the Village
hold and dispose Council subject to the previous approval of the Government and
of property. subject to such terms and conditions as may be imposed by the

Government, shall have the power to acquire, ho ld and dispose of
any immovable propertY or movable property the value of which
exceeds rupees fifty thousand ar•d to enter into any agreement or

contract with any party or authority.


-----

###### l 582 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005

I .

###### CHAPTER-VII

ELECTION

)

Delimitation. 48. (1). There shall be JO (ten) constituencies in a Village Counc il

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

(2). There shall be 26 (twenty six) constituencies covering the

Council Area for electing memb,~rs 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 Are <! or the Council Area shall be
delimited for the purpose of election of members to the Village
Council and the General Council.

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

Provided that no such order shall be made after the

commencement of the election prrn..:ess.

Electoral rolls. 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 relatablc 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 election of members of the Village Council or the General
Council, as the case inay 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.(I) 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.

(2) No person shall vote at an election in any constituency,

Central

if he is subject to any of the disqualification referred to

Act,43

in Section 10 of the Representattion of Peoples Act,

of 1951.

1951.


-----

###### THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, . 2005 1583

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

(4) No person shall vote in the sam\! constituency more than once.

(5) No person shall vote at ariy election if he is confined in a prison,
whether under a sentence of innrisonment 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 rules
members. made under section 60 and 'the first election for the purpose of

constituting the General . touncil and the Village Council shall be
held on such date or dates as the Government may direct in
consultation with the interim Sonowal Kachari Executive Council
referred to in section 80.

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

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

(a). he is not a citizen oflndia.

Council or
General Council. (b ). he is less than 18 years of age on such date as may be 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 <1r 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 .;hare or interest in any contract
with, by or on behalf of the Vi if age Council, General Council or

a Municipality or Panchayat within the Council Area :

Provided that no person shall he deemed to be so Central

disqualified by reason only of his having a share or

Act of

interest in a public company , as defined in the

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

(f) he has been dismissed from the S•.~rvice 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 or
controlled by the Central or the State Government for Act of
misconduct involvi.ng moral turpitLtde and five years have 1956.
not elapsed from the date of such dismissal ; or


-----

###### 1584 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005
~~~~~~~~~~~~~--~~--~~~~~~~~---~~~--~~~~~~"'---·

(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. . turpitud(j punishable with
imprisonment for a period of more than six months Central
or an offence under Chapter IX A of the Indian Act
Penal Code or Chapter-III, Part III or Part VII of the No.43 of

"

Representation of peoples Act. 1951 and five years 1951.
have not elapsed from the dak: of expiration of the
sentence :

Provided that a person shall not be disqualified

under this section, by reason only o 1· 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 5 5. Where !he office of any member becomes vacant by reason of
vacancies. 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 a.!lY action taken by such members.
before they are so restra~ed 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 the
results of General Council shall be published by the Commission in the
elections. Official Gazette and upon such publication, the Village Councils and

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

Vacation of post. 58. If an elected member is chosen to be a Member of 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 Gazetle 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 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 election
regarding petition presented in such manner as may be prescribed and before

election. 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 Vil.lage 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.


-----

###### THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005 1585

(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 eleciHon 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 1.:andidate or his election agent.

###### '

Explanation. For this purpose, 'corrupt practic.c:' shall mean any Central Act

###### of the corrupt practices specified in section 123 of
43 of 1951
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

concem~ the returned candidates has been materially

affected-

(i) by the improper acceptance or 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.


-----

###### 1586 THE ASSAM GAZETTE. EXTRAORDINARY, MAY 17, 2005-

(3) At the conclusion of trial ol 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 op.inion that -

(a) in fact the petitic,ner 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 · lhe 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.

Powers to make 60. The Government may, by notification in the official Gazette

rules r egulating make rules to regulate all or any of the following matters for the
t he election of purpose of holding electi.on to the Village Councils and to the
members General Council under this Act:-

(a). the designation of the officer or authority to whom the power to
dytermine 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, pl~~~

                       - nd hours of poll and the methods by which votes shall be cast ;

G) the fee to be paid on election petition ;

(k) any other matter relating to ekction 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 i,s necessary.


-----

###### THE ASSAM GAZETTE, EXTRAORDINARY, MAY 29, 2005 1587 ·

 CHAPTER-VU[

FUNDS, AUDIT AND BUDGET

###### General Council 61. (l) there shall be two funds to be called respectively the Fund and Village General Council Fund, meant for the General Council and the Council Fund. Village Council Fund meant for the Vill~ge 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 realis..ible 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 k·;!eping in mind the resources of the
Government, priorities or development works in other areas

including other tribal areas alon·g 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 <;pirit 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 allo.;;ated by the Central Government or
the State Government for the General Council or the Village
Council, as the case may, be 5hall be assigned to it and shall be
credited to the General Council Fund or the Village Council
Fund, as the case may be,

(8) The General Council or the Village Council, as the case may
be, subject to the provisions :>f loans by any law relating to the

raising of local authorities, may raise with the approval of the
Government Joans for the purposes of this Act and create a
sinking fund for the repaymem of such loan.


-----

###### 1588 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005

~~~~~~~--~~~~~~--~~~~~~~~ ....... ~~~~'--~~~~----~

(9) The money credited to the General Council Fund or the
Village Council Fund shall b1~ applied for the payment of all
sums, charges and costs neces:mry for carrying out the purposes
###### of this Act.

(IO) 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 tenns 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 cas1~s 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 Ge:i'leral Council, in this behalf:

Provided that no funds s~anding 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 Councif shall make bye-laws for the

management of the General Council Fund and the Village
Council Fund and for the proc.::dure 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.

Audit. 62. Subject to the provisions              - >f the comptroller and

Auditor General's (Duties, Power and Conditions of
Service), Act, 1971 and the rul·:::s and the orders made

Central

thereunder, the audit of the accounts of the General

Act

Council and Village Council shall be entrusted by the

56 of

Government to the Comptroller and Auditor General

1971.

###### of India who may submit to Government such report
thereon as it may deem fit. · f'he Government shall

transmit the report to the Gen.era! Council and the
Village Councils. for discussion and consideration. The

General Council and the Village Councils shall return


-----

###### · THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005 1589

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 1st
November of the current financial year. The Village Councils also

#### ' same to the General Council for consideration and onward shall prepare its budget in the like manner and shall submit the

transmission to the Government on or before the Ist 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, shall there~upon resubmit the budget along with its
comments on the observation and if the approval of the
Government upon such submi!;sion or resubmission as the case
may be, is not received by th•;: 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 b...: incurred unless the budget of the
General Council as well as the budget of the Village Councils are
either approved or deemed ro have been approved by the
Government.

###### "

  -


-----

. 1590 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005

CHAPTER.IX

MISCELLANEOUS

Effect of bye- law, 64. All the bye-laws, regulations made, orders passed and

et~. 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 the 66. All rights and interest of the non-tribal citizens and other
right of the non- ethnic groups other than the Sonowal Kachari Community within
tribal and other the Council Area as exist· at th1.; commencement of this Act, in
ethnic. matters pertaining to their language, literature, culture, religion,

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

Properties 67. (I) Subject to such restriction as the Government may impose,
situated in the all properties specified below and situated in the Council Area sha11
Council Area. vest in and belong to GeneraJ 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.< J-overnment ;

(d). such properties own~d and controlled by the Municipality or the

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

(2). Notwithstanding anything con1ained 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 unckr the management, direction and
control of the General Council or the Village Council concerned as
the case may be.


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###### THE .ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005. 1591

Dissolution of 68. (I) The Governor may, if he i'> satisfied, on receipt of a report or
General Council, other wise and in consultation with the Judicial Department of the
Executive Government that a situation has arisen in which the administration
Council, and of the Council Area cannot be carried out in accordance with the
Village Council. provisions of ~he 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 Offidal Gazette, dissolve the General
Council, the Executive Council ~md the Village Council before the
expiry of the term and assume t1 l 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, with
dissolution. 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 provision 70. The Government shall consu,lt and give due regard to the views
for Council             - of the General Council before any law is made and implemented in

Areas. the Council Area on the following subjects, namely :_

(i) the religions and social practice of the Sonowal Kachari
Community ;

(ii) the customary laws and procedures of the Sonowal Kachari
Community ;

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

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

the Scheduled Tribes within ;ts jurisdiction.

Members, 72. The Chief Executive Councilor, the Executive Councilors of
Officers a nd the General Council and the President and the Vice President of the
employees to Village Councils shall be deemed to be public servants within the

public servants. 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, a~ the case may be, shall be deemed


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###### 1592 THE ASSAM GAZETTE, EXTRAORDINARY; MAY 17, 2005

to be invalid merely by reason 1)f existence of any vacancy therein
or any defect or irregularity in the constitution thereof.

Immunity 74. No suit or other legal procl()edings shall lie against the Deneral

Council or the Executive Cou11cil 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 tc1 the interpretation of this Act or the

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

Removal of 76. If any difficulty arises in giving effect to any provision of this
difficulties. Act, the Government may, by 1)rder, 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 Coundl is
Acts of the repugnant to any provision of t1e law made by the Legislature of
legislature of the the State of Assam, with respect to that matter then the bye-law so
State. 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 ~ ; hall prevail.

Power to make 79. (l) The Government may make rules providing for any matter
rules. 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 founeen 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 effect only in
such modified form or be of no e fleet, as the case may be :

Provided however that anv such modification or annulment
shall be without prejudice to the validity of anything previously
done under the rule.

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

nomination until the General Co1mcil 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


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THE ASSAM GAZETTE, EXTRAORDINARY, MAY l 7, 2005 15 93

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 & Secretary
 to the Govt. of Assam Legislative Department Dispur

GUWAHATI- Printed & Published by the Dy. Director (P&S), Directorate of ptg. & Sty.,

Assam, Guwahati - 2 i, (Ex-Gazette) No. 385-500-600-17/5/05


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