LexThe Lalung (Tiwa) Autonomous Council Act, 1995
Assam · state statute
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Registered No. A·12
THE ASSAM GAZETTE
~~Cf
EXTRAORDINARY
~I~ ~':1- 1 ~RI ':f<l'lPRl
PU£3LISHED BY AUTHORITY
... ---- --·----··---------- - ----·------ --- ·-.. ------ ---.:·· :n1 \~ •1T'I , 0!1"•F1T~, 30 \!l<flCV1<f1 1995, s -<tqfu;, 1917 C-•l«f.)
~ ' 1<c1. 2·) 1 Ui:;p'.tl', 0.Irn1ckiy, 30th Oct, 1995, Sth K~rtika, 1917 (S.E.)
·- --· ··- · . . ···--· -------- ---- --·- - ----------- ---------·- -- -
(10\'ERNi\ ·lENT OF 1\SS/\M
CW,DL!\S DYTllEGOYERNOR
1.r'.Cl lSLATlVE DEPJ\RT.~\'lENT: LECJISLATlVE DR/\NC[l
---------------------
N 0·1·1 FI C,\'l ' l 0 N
Ti h~ 30th Oc!. 1995
No.LGL.51/95/233. -The foll owj11g Ad of ihc Ass:1111 Lq;i :;l:\\i \T
f's:$~· mbly whic\i received the :1 ssc11t ol' 1\\c Ciovornor is hc1\'b y 1•uh
\is!;c-d for gf:'r~er<1 l i1i!'orrn:1tio11.
1578 THE ASSAM GAZETIE, EXTRAORDINARY, OCT. 30, 1995
ASSAM ACf NO. XXV OF 1995
(Received the assent of the Governor on 27th October,
1995)
THELALUNG(TIWA)AUTONOMOUSCOUNCIL
ACT, 1995
AN
ACT
To provide for the establishment of an administrative
authority in the name and style of "THE LALUNG (TI\V A)
AUTONOMOUS COUNCIL" and for certain matters inci
dental thereto and connected therewith.
Preamble. Whereas it is expedient to provide for the establish-
ment of a Lalung (Tiwa) Autonomous Council within the
State of Assam with maximum autonomy within the frame
work of the Constitution, comprising of the satelite areas of
Village Councils formed out of blocks of contiguous
revenue villages, each having more than 50% population of
Lalung (Tiwa) community, without having any compact
area for social, economic, educational, ethnic and cultural
advancement of the Lalnng community residing therein.
Short litlc,
extent anti
C 0 Ill Ill C Ill: C
mcnt.
J) c Ii ll i ·
liu11s.
It is hereby enacted in the Forty-sixth Year of the Re
public of India, as follows:-
CI-lAPTER - I
PRELIMINARY
l. ( l) This Act may be called the Lalung (Ti wa)
Autonomous Council Act, 1995.
(2) It extends to the whole of the State of Assam.
(3) It shall be deemed to have come into force on the
l Jll1 day of July, 1995.
2. In this Act , unless the context otherwise rc
<l u 1 res -
(n) 'bye-law' means tile bye-law framed by the
Gc11e1<1l Council;
t
(
t
TH.E ASSAM GAZ E1TE, EXTR AORD JNARY. OCT. 30 1995 1579
(b) 'Con stituency ' means a constituency referred to in
section 48;
(c) 'Constitution' mean s, the Constitution of India;
(d) 'Co uncil Area' means the Lalung Autonomous
Council Area ;
(e) 'Electo r' in rela tion to a constituency means a per
son whose name is entere d in the electoral roll of that con
stituency ;
(f) 'E xec uti ve Cou11cil' mean s the executive body or
the Ceneral Counci l of the Lalung Autonomou s Council
constituted under Sectio n 3(3) and 24 ;
(g) 'Gaon Panc hayat ', 'Anchalik Panchayat ' and 'Zila
Pari shad' have the same meaning as defi ned in the Assam
Pnnchaya t Act, 1994;
(11) 'Genera l Co uncil' means the General Council of
the Lal ung Auto nomous Council referred to in section 3 ;
(i) 'General Counci l Fun d' and 'Village Council Fund'
means the fu nds cons tituted under section 61 ;
(j) 'Government' means the Sta te Government of
Assam;
(k) 'Governo r' rne~u:s the Clovcrnor of Assam;
(!) 'member' means a member of the Vil1Hge Council
or the Genera l Council of t!Jc Executive Council , ns the case
may be ;
Assam
Acl
XYlH or
1994.
(rn) 'Municipa lity' has tile same mea11i ng as in the .\ssa111
Assam Tviunicipal Act, 1956; Act
(n) 'notification' m,:ans the notification issued under
this t\c:r ;
(o) 'Offic ial Gaze tte' means the Official Gazelle uf
A::sam; _
(p) 'prescribed' means prescribed by rules made under
lh i.s Act;
(q) 's;1tellit e area ' means tile area of different reven ue
\'il!aecs:
'"'<r) 'Village Council' me<111s the Villrrgc Counci l rc
r._:1 i",'d !O in SCCl;Oll 'I; ill lll ·
(s) 'Vlllagc Co uncil Arca' 111c a11 :-; the area declared to
Ix: li ic urea of a Villngc Co11 ncil by the CJO\'Cnuncnt by no:i -
Jic.ltiCi!l in tile Offici:1 l (.Jazcttc.
Lal1111 ~: .\11 . 3. (l) There shal l be an autono mo us council to be
t11110111ou ~; cdl cd !lls l,alung J\ut ono 111ous Council within the S1:11e of
Coul!Cil. 1\ s:::1m co mprising of tile ;m~as of the Vill : 1 ~ c O rn11cils a~>
XV of
1957.
~:
1580 THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 30. 1995.
may be specified by the Government by notification in the
Official Gazette.
(2) The Lalung Autonomous Council sh,all have maxi
mum autonomy within the frame-work of the Constitu
tion.
(3) The Lalung Autonomous Council shalfhave a
General Council and an Executive Council as provided 1
hereinafter.
Vllluge 4. (1) There shall be a Village Council for eac.:b block
c ou n c 11. of villages, each village having 50% or more Lalung popu
lation.
l ncorpnra
llon of lln•
(; l'llCl
0
:ll
Cou11•il.
Cousl i Lu -
tlo11 of fl; 1_·
Gcucrn I
c () 11 IJ cl l.
(2) Each Village Council area shall consist of approxi
mately 6000 to 8000 population.
(3) For the purposes of sub-section (1) above, there
shall be as many Village Council as may be specified by the
Government by notification in the Official Gazette.
CHAPTER-II
THE GENERAL COUNCIL
:'i. The General Council shall be a body corporate liav
ing perpeltlal succession and a common seal with powers to
acquire, hold and dispose of properly and to contract :md
sllall 'SllC or be sued by its corporate name.
6. (1) The General Council shall consist of 30 (thirty)
11tclnbcrs of which 26 (twemy six) shall be direct!); elected
~!nd ·1 (four) shall be nominated by the Government from
:i: ;1 u11gs1 the groups of communities residing in the Council
1\ t\~ ;~ and not otherwise represented in the General Council.
J (Out of 30 seats 15 scats shall be reserved for L:llung
co111:;n111ity and out of 15 rescrved·scats, at least 3 (three)
sc;•ts sli1i!l be reserved for women.)
J..J The Members of Parliament, and the Members of
the Legislative Assembly, Assam belonging to Schcdnlecl
Tribes Reserved Constituencies of the Council Area shall l>c
ex-0fficio members of the General Council.
. '·
\,, '
-- )• .
THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 30 .. 1,995 1581
· 1,PJEvery member of the General Council shall be enti
tlecrto such allowances as may be fixed by the General
Council and approved by the Government.
')! (4) The elected members of the General Council shall
at the first meeting after tbe election, for tbe purpose of con
stitution of the Executive Council, elect from amongst
themselves, in the manner prescribed, -
1
(i) One member to be the Chief Executive Councillor
'-; who shall also be the President of the General Council, and
( (ii) Three Execu1ivf~ Councillors.
Tenn or 7. (1) The term of office of the General Council shall
om cc. be five years from the date of the first meeting as appointed
by the Government after the election of the members, un
less dissolved earlier tmder section 68.
H.esigna
ticn of
me1111Jcrs
uf U1c
General
Council
ll.ci;\1;1·:11
o 1· 1'1clll
b crs or
c '.'ll\'l':\ !
C U!l ll \ i I.
(2) Notwithstanding anything contained in sub-sec tion
(1) above, the Chief Executive Councillor or the Executive
Counc illor s shal l cease to hold office as such forthwith if
he, for any reason, ceases to be a rnernber.
(3) Notwithstanding anything contained in sub-section
(1) the Governor may, if he is satisfied that circu mstance
exist which render the holding of the election , as provided,
impracticable , extend the term for a period not excee ding of
one year.
8. (1) Any member of the General Council may, at any
Lime by givi11g no ticr>, in writing addressed to the Chief Ex
i~Ct1tivc Councillor, resign his office:
Provided that in case of the Ch ief Executive Council
lor, the notice shall be addressed to any of the Executive
Councillors .
(2) Such resignation shal! take effect fr~1m such date as
spec ified in the :1oticc or if no such date is specif ied, from
the date of its receipt by tile office bearer addressed.
9. (1) The Cl1iefExecutive Councillor or the Executive
Councillors or any 011c of them or all of them may be re
moved ~-rorn office by a resolution carri.ed by a major;ty of
the toial number of the elected members at ;1 special meeting
.. ~
1582 THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 30. 1995
of the General Council called for the purpose upon a requi
sition made in writing by not less than one third of the
members of the General Council.
Sal:tdes,
:! l l u 11· a ~1 r
cs an~l
ot ltn
cr; 1u l;;-
11? C JI ls .
(2) The Government, after giving an opportunity to an
elected member of the General Council to show cause
against the action proposed to be taken against him and after
giving a reasonable opportunity of being heard, may by
order, remove him from the office, if he --
(a) after his election, is convicted by a criminal court
of an offence involving moral turpitude punishable with im
prisonment for any period exceeding ·six months or ;
(b) incurs any of the disqualifications mentioned in
section 54 after his election as member of the General
Councillor, or
(c) is absent from three consecutive meetings of the
General Council.
(3) Any member of the General Council who is re-
1novccl from the office under sub-section (2) above, may
within thirty days from the date of the order, appeal to such
Judicial Authority as the Government may prescribe and the
authority so prescribed after admitting an appeal may after
complying with the normal and fundamental principles of
judicial proceedings pass such order 0r orders either con
firming or modifying or setting aside the order appealed
:i gai11st and pending the final disposal of the appeal may
pass suclt other interlucatory order or orders including stay
of operation of the order appealed against.
(4) The order pa_ssed, by the Judicial Authority re
fe!Tecl to in sub-section (3) above, on such appeal shall be
final.
10. (1) Tile Chief Executive Councillor and the Execu
ti1.1c Councillor ~. shall be whole time functionaries and shall
be p;1ic1 out of the General Council fund such salaries and
"·: ! y ,v;\11ccs ~\S m ~ I)' be prescribed.
(2.) Tl!c other term and conditions of service of the
Chi(:!' E:·:ectilive Councillor and the Executive Cou~cillors
~; kt11 be snch as mny be prescribed.
- - ---·- ______ ... ~,1----.... - ;;:---111111114
), 1995
a requi
of the
ty to an
v cause
md after
may by
al court
with im-
oned in
}eneral
s of the
o is re-
1e, may
to such
and the
ay after
iples of
1er con
Jpealed
:al may
mg stay
rity re
;hall be
Execu-
1d shall
ies and
of the
1cil1ors
Filling
up of va
cancies.
Powers ,
functions
anti duties
of the
Chid' Ex
'~ c ll ti ,. c
c~.~111l· i ~
! Io r .
11. (1) Where the' .ffice of any member falls vacant by
reason of h is de ath , resigna tion, remo val or otherwise, the
vacan cy shall be filled up by election in acc ordance with the
provi<;io n of this /\ct <ind the ru les framed thereunder; may
be :
Provid ed that any vaca ncy in the offi ce of the Chief
Executiv e Coun cillor or the Executive Councillors shall be
filled up by the General Counci l by electing a member
there of in the m ann er pre scribe d for the election of the
Chief Executiv e Counci llor or t..c Exec utive Councillors ,
as the case may be ;
(2) Any rrisrnber elected ii, accol"dance with the provi
sions or sub -sect ion (1) above , shall hold such office only
for the remaind er of the term of the General Council or the
period extr:ncled und .r sub-section (3) of Section 7.
(a) be respon stbk for the maint en ance of li1e recor ds
of the Gen era l Council ;
(b) hav e Gen e1al re~,po nsibi iity tor the financial and
exec utive ad1ninistrawm of the CL·n•;ral Cou ncil ;
(c) exe rcise arlrnin is tnmve sup,_rvi:1ion and conno i
0\ er the o fficers ;:nd ('t~1iiloyf.es of d1.c Ueneral Coun c il :1ml
the officer s aod ernp ky~,c:, ,_.._.) 1ose services may be placed at
tllc (lispos;d of the Ge11u«1.l (.'nunc ii ~1y the Go vernnw nt:
(d) ftlJ \lal\s<1ctin11 cf business Wtder Lliis Act,_;; r.:'! lltL:
r.urpo sr: of nuking a11y order under this Aci, exerc ise such
power s, perform such funct ions and discharge such duliL·s
T; 1n;1y \ )\~exercised , performe d or discharged by the G en
c r; ~l Counc il unde r thi~ Act ot. the rules nuc!c ~here und er:
Pro vidc1i that the Chief F,,ec ntive Co uncillor sh<dl no\
c.\1...-.rcisc such powers. perform such fo,v ;ioi1s or discliar gc
'.,t:cl1 dt1ties as may be req uired by the ruks made under liiis
:\c.i to he exerci sed, perfo rmed <-> r disc har ged by the:
t) :·; 1.:·ral Counc il at a meetin g;
'<.:) exerc ise such ot her powers, perfo1rn such odH:i·
1' !: 1i•::-; a::; tk~ General Co uncil rna y, by gen-...:ral or speciill
1584 THE ASSA M GAZETTE EXTf~AOHDINARY OCT. :~O 199.S --~.,----~~~-·-··_,,,__......~--~-J......:--.. ~~---· ·
resoluti on, direct or as the (jovcrn111e111 rnay, by rules made
in this behalf, prescribe.
Meeti ng 13. (l) The General Council shall m.:et ;l( lccist once 111
of Ge ner al every three months for transaction i..:.f its business.
Cou nci l.
Oa lh of'
:ll'firma
tion by
mclll her s.
Q uoru 111 .
lle: ~ l! q1;;1 rltr
ol' lil t Cen
l'ral C:111111 ·
1· i I.
S~·:reLHi: 1 l
of ihl'
La! ;1;;:>,
Aulo nurn ollS
Co1111 li! .
(2) The meeting of the General Council shall be lield at
the headquar ter of the Lalung Autonomous Council at 's11 ch
time as may be notified by the Chief Executive Counc illor :
Provided that the first meeting of the Genera l Council
after the election sha ll. be held on such date as may be ap
point ed by the Government
14. Every member of the General Council shall , be
fore taking his seat, make and subscrib e before such person
as may be appointed by the Governor in this behalf an oath
or affirmation in the manner and furrns as nMy be pre-
scribed.
15. The quorum nr:·e·.:.s:iry for transaction of busin ess
at a meetine of the Ge.1eral Council shall be 10 member.\
and the dec(<.;ion of the Oeneral Council sl1a1i be by a singk
majority of the General Council.
16. The Government may, bv nm.ific ation in the Offi-.; . "'1-
ci al Gazette declare any place wi thin nu;; Council /ii1ed 'to be
llle headquarter of the Ckn~ra l Counul.
17. ( l) There shail be a Secretariat for the L.:·: hmg 1\ u-
1 ut1ornous Council at the headqu arter of the Ciencr::l Coun::.:ii
i:-.:1ukd by a Principal Secretary w be appot lilt~d by llil"
( }nvc rn mcnr in consultation with the Chic[ Excc nl i\T
OH11:cillor.
('.:!)The l'ri 11cip<ll Secrc tmy shall be the princi;1al cxcc
u i\'c r·i'liccr of the Cencral Council a1i:cl all other Offi cers o[
h~- r;cncr:\l Coun cil sll~dl b:::: subordinate to him.
('.)) T l1•:: Prii':cipal Scc1ct:H) :;lwli he presen l ;1nLI t.\k \'.
:~ :,;\i i i tlic c\i SL'.liSSlOll of aJi th•: n1ectings u[' the (ic11C1:'.l
(_\1";'.:·'.1 cir (11<:: Execu tive Council or nny corninin~T o!· ti".:
C: -::: 1 ~·ri!\ Cuuncil and rn11y, with the consent of the Chi1..'I. l :_\. ·
,., :tivc C'c1 t1 11 ci ll or or <1ny ot her person pt'l'siding ove r s11ch
11·. :·~ li1~g r,11· t!ic time: being , ~1s the case rn:1y be, :1t an~· ti11w
:<,ASSAM GAZETTE, EXTRAORDTNA RY, OCT. 30. 1995 1585
mak e a sta tement or give explanation of the fac ts and cir
cumstances but shall not be entitled to vote in any such
meeting.
(4) The Principal Secretary and the other officers of
the Sec retariat shall be paicl out of the General Council
Fund.
~
(5) The term of appointment of the Principal Sccreta1y
shall be for a period of three years bu t may be extended by
the Government in consultation with the Ch ief Exe c utive
Counc illor.
(6) The Government may appoint suc h other Sccrct:tr
ies for the General Council on such terms and co nditions as
the Govern ment may , in consultation wi th the Chief Execu
tive Councillor, determine .
(7) The Government may, in consu lta tion with the
Chi ef Executive Councillor, depute suc h othe r officers or
experts, as may be, required, to assist the Gen eral Co uncil
on such terms and conditions as may be de termined by the
Governm ent.
(8) The Governmen t may from time to time po st offi
cers of the rank of Clas s-II and above wi thin the Council
Area in accordance with the exigenc ies, but while mal' ing
such postings due regard may be give n to the views of the
Genera l Council .
(9) All officers and other staff posted in the Council
Area shall be accountable to the Genera l C ouncil for thei r
perfo rmance and asse ssme nt of their work s recorded by the
Executive Council shall be incorpo rat e(! in their Annual
Confidential Reports by the Government.
(10) Notwithstanding anything co ntained in sub
section (5) above, the Government ma)1 , :it :rny time in con
sultatio n with the Chief Executive Councillo r, withdraw the
Principal Secretary or 11ny other officer pos ted or :ippo intcd
by it i11 the Secretariat.
_1586 THE AS SAM GAZETTE, EXTRAORDINAR Y, OCT. 30, 1995
Subjec ts
to be under
the control
and ad min
istration of
the General
Council.
CHAPTER - III
POWERS AND FUNC TIONS OF TIIE GENERAL
COUNC IL
18. No twithstanding anything contained in any other
law or Rules for the time being in force, the General Coun
cil shall have execu tive powers in relation to the Council
Area over the following subjects :-
1. Cottage Industry,
2. Animal Husbandry and Veterinary,
3. Forest, other than Reserved Fore st,
4. Agriculture,
5. Rural Roads and Bridges,
6. Sericulture,
7. Education :
(a) Adult Education,
(b) Primary Education,
(c) Up-to Higher Secondary including V·ocational
Training,
8. Cultural Affairs ,
9. Soil Conservation,
10. Co-operation,
11. Fisheries ,
12. Panchayat and Rural Development,
13. IIandloom and Textile,
! 11 .. Public Health Engineering - Drink ing water,
I\ Minor frrigation ,
! '' Social Welfare,
l .1. Flood Control Schemes for protection of village s
(not highly technical nature).
i ~·;.Sports and Youth Welfare,
IC). Weights and Measures,
20. Library services,
:~ l. Museum and Archaeology,
22. Urban Develop ment, Town and Country Planning,
23. Tribal Research,
Y~ . Land and land Revenue,
25. Publicity and Public Relation,
26. Tourism,
27. Transport,
28. Any other matter connected with deve lopment,
29. Municipal Boards, Improvement Trus t, Dist. and other
local-self Ciovernrnent of Villages,
THE l\SSAr-.1 C;\ZJTITE, EXTRAORDINARY. OCT. 3iL! .. 92i_ __ l~B_?_
'.10 Tribal \V elfare,
Other mat·
l<l'S lo bl'
u11<kr Ilic
CO/I! I'll!
and ;1tlmi11·
Isl rat i <' n
ol' ti:~· Gm·
<·r: tl C\1u11-
r i I.
1' 01\'l' rs to
i 11! i' () s c
l«l'.I' ;1 11d
co!: .... 1,' t
f ::\'< : .· . .
3J. Market and fairs,
32. J ,otteries, Theaters, Dramatic performance nncl Cinema,
33. Vital Statistics including ragistration of births and clcnth,
34. Food and Civil Supplies.
l9. Subject to the general policy of the Government,
the Genera! Council shall, --
(i) formulat e integrated development pla t1s for the
Collncil Area ;
(ii) implement schemes Hild progrnrnn1cs frn· tllc den::!·
oprnc11t:tl of the Council Area;
(iii) !lave powers to nppoi11L Class lil :111d Ci:iss 1\1
staff wi!liin the Council Arca:
(iv) have powers to regulalc tradc.<ind co11uncrcc with·
in the Council Arc:i in accordance with tlic ox ist ing laws in·
eluding issue of permit or licences to inclividu:lls within the
Co:mcil Area ;
(v) gui ck~ custom and li'c1dili(111s il1Hi ~o~·i:d ju:·ticc ol'
ti·,,; L: tl1111~~ con111JL111!ty :1 c cordin~1, ti) tlh'. lr~Hlition:d Lt\\', \;
('.·i) c• rgi111::;c spc: ci ::l rccn:!\!\KJlt d1 j.,·c· i111u 1\rmy,
Nilvy, and o:iler p:11«t11;ili::1ry l".):cc.s , Poli•:c. i·orccs :\ri d
Cd h · ~ 1· 0' 11 L l'~ tl (1.-wcrn ll1t.' 111 c ;! ;\I~ 1isill1lC'J \ t:; l'l'!' : : p ['Oi 11t1112 ll t
o!' t!:1~ l\·1 SUJl S bl..'..Jo11g lO lk l .:llt:11 g C0!1111\l ll liiy;
('. ;i) :il:.,t p,·1111its f(1: · 11:1i:k 111~d cu111111cn\.: lu !ill: P'-'r11iloJ
r c~i d!1 i ~: i:~ the Ccl1:1cil ,i\1c:1 J''1<·1·u1.·111.·c bcin~! given !1) the
Ld u11g community.
?.0. (1) Su1)_j cct to tl1c prnvi., i011 of :111y other Ltw for
lir'...'. ti11h.--: i> cin~~ in !'orcc, !lie Gc1L·1al Cou:i ~·il sl111 1l have Ill·~
:·11\\'('.] •; to coffcL'I .. ,· itllin tile C •i.: :i,_·il :\t~<\ st11..i1 f:\\( ·) :ts :11\"
: .. ;:v: 1 l··k !t 1Hi< 1· th,;: :\\\' fur \!ii:· tin:·:~ hcir1~ i iJ f.:11·c \~ ii1 the
;~::::~!\ CT :is 1:1w h .. ' J'.J\;ScriLli .. 'd:
I 'n>'. i1:. · <~ li111 tii.' t~L'\ or !J\'- .'.~ :1:.: ::t'i: 11 \:-:1i .. i :-h:1ll !Jc ('(.•l-
l.'.'.:tL·J rr u :11 SLL 11 1'.<1~·~ :1s 111:\\ I· ;\i1;_)ji'!Cd 1':: tl1c:. C U \'C! 'l l -
i1,•'!il I :\ l)r·,:i!i< .. 'i \[l <) :\ iii liii:s i·. iL .i l. i11th .. :0: 1·: <<;!l Cl::;:c·ilC.
-'
1588 THE ASSA M GAZETTE, EXTRAORDINA RY, OCT. 30, 1995
(2) Subject to sub-section(l) and suc h max imu m rates
as the Government may prescribe, the Genera l Co unci l
shall :-
(a) levy tolls on persons, veh icles or animals of any
class, for the use of any bridge or road other than kacha
mad or ferry constructed or establis hed and managed by .it ;
(b) levy the following fees and rates, namely;
(i) fee s on the registrat ion of boats or vehicles ;
(ii) fees for providing san itary arrang eme nts at such
places of worship, pilgrimage, fairs, rnela, other public
places within the Ccuncil Area as may be spec ified by the
Government by Notification in the Official Gazette;
(iii) fees for licences;
(iv) water rates, where arrangeme nts for irrigat ion or
drinking water is made by it within the Cou ncil Area;
(v) ligh ting rate where arrangements for lig htin g o f
publ ic street or places are made by it wit hin the Council
Arca.
(3) Notwithstanding an ything contained in the forego
ing sub-sec tio11s, the General Cou ncil shall not undertake
registra tion of any veh icle or levy any fee in respec t thereof
~u;cl sha ll not provide sanitary arrange ments at places of
worship, pilgrimes, fairs, melas, or ot her public places
within the Council Area or levy any fees in respec t thereof
if such vehicle has already bee n registered by any other au
thorit y under the Jaw for the time be ing in force, or if such -
provisions for sanitary arrangemen ts has alrea dy been made
by the Government or any other local authority.
('I) The collection of tolls, fees or rates and the te1111s
and co 11ditions for the impo sitio n thereof shall be such as
in:1y be prescribed by the bye-laws, such bye- laws may in-
1c1·ali~ ·, provid e for exemption from all or any class of cases.
(5) The General Council may levy fee or taxes on any
l'l ;t\l the :;ubjects as~ ign ed to the Vi ll age Counc il.
THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 30, 1995 1589
Powers to
entrust
functions.
Po wer to
acquire
hold and
dispose of
propert y.
21. Notwithstanding anything contained in this Act,
Lhe Government may , in consultation with the General
Council, entrust, either conditionally or without any condi
tion, to the General Council or their Officers any function in
relation to any matter not enumerated in section 18 to which
the executive powers of the Government extends.
22. Notwithstanding anything contained in section 5,
the General Council subject to the previous approval of 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
lak:h and to enter into any contract or agreement with any
party or authority.
Power to
make byc
'I aw s .
23. (1) The General Council may, subject to the provi
sion of this Act and the rules made thereunder and subject
to the approval of the Government make bye-laws to be ap
plicable within the Council Area with respect to all or any
of the matters enumerated in sections 18,19,43 and 44 for
regulation, control and administration thereof . •
(2) All bye -laws made under sub-section (1) above,
shall have effect upon their publication in the Official Ga
zette.
CHAPTER- IV
THE EXECUT IVE COUNCIL
TJ1 •~ 1:-~ rn1 - 2:1. (1) The Exec utive Council shall con sis t of the
the Cu 11 n- Chie f Executive Councillor and the three Execu tive Coun
c i I. cillors elected in accordance with the provi ~ ions of sub-
section (4) of sectio n 6.
(2) Tile Chief Executive Councillor shall be the Ch:1ir
rn:rn or the Executive Council and shall preside over the
111cc1ings thereof.
(3) ;\ 11y casual vacancy among the members of the Ex
ccu ti ve Council occurring by reasons of deaLh, resignation,
rcrnov;\1 or otherwise shall be filled through election by the
lll(·mbcrs of the General Council in the same manner as pro
\'idcd in ~: lib - sec ti o n (t1) of Section 6:
--~- -· - ---'--"'=~- ·------....._____:.
l:Wfl. THE ASSAM GAZET1E, EXTRAORDINARY. OCT. 30. 1925
'l't ' llll or
office of
thl! E.\CCU ·
lil'c Cou n
c i I.
Provided that no act or proceeding of the Executive
Council shall be called in question or shall become invalid
merely by reason of any vacancy among its members.
( 4) The manner of transaction of business of the Exec
utive Council shall be such as may be determined by the
General Council by bye-laws made by it with the approval
of the Government.
(5) The Executive Council shall be collectively respon
sible to the General Council.
25. A member of the Executive Council shall hold of
fice untill he -
(a) ceases to be a member of the General Council, or
(b) resigns his office in writing under his hand ad
dressed to the Chief Executive Councillor in which case the
resignation shall take effect from the date of acceptance
thereof :
Provided that in case of the Chief Executive Collncil
lor, the resignation shall be addressed to any one of the Ex·
ccu ti ve Councillors.
2G. (l) The executi ve powers of the Genera! Council
shall vest in the Executive Council.
(2) All orclcr or instructions made or executed by the
Executive Council sh;1H be deemed to have been m:ldc or
executed by or nncler the authority of tile General Council.
(3) Every order made or instructions issued or resolu
tion passed by 1!ic GC11cral Cou•Kil shall be :1uthe111icatcd by
the si0niltLHC ol' the Chief Executive Councillor or in his ab-,., .
sencc by :111y one of tile Executive Councillors .
<:c11.1·:11 27. (I) Tlic Chicl· Executive. Councillor shall be the.
JH>11 t·1·-; <·I" CilicC of the Lalung Autonomous Council and shall exercise
t11~ Chier Sl1ch powers ancl discharge such functions as arc confcn\'d
Exrrn l il'c on him by or under this ;\ct or the rules 111 ~1cl c tilcn .. 'lllldcr.
Co11 n ci l lor
....
1995
:cutivc
nvalid
Exec-
by the
prov al
espon-
>Id of-
!,or
~d :id-
,\SC the
ptan<.'.C
~
ouncil-
he Ex-
:0~1 nc i I
by tile
1:idc or
llllC.: i I.
rcsol u-
ated by
his ab-
b(: the.
xercisc
11f crrl'd
11dcr.
THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 30, 1995 1591
Special
power of
the Chief
Executive
Councillor.
.\lceting of
the Execu
tive Coun
c i I.
Quorum
ln c:orpora-
t j 0 II (!JC
Villa gc
Counci I.
Cons! i tu
lion of !he
Vi 11 age
Co 11 nci I.
(2) The Chief Executive Councillor shall for the
smooth and convenient transaction of business of the Exec
utive Council, allocate among the Executive Councillors
such business in such manner as he may deem fit.
28. (1) The Executive Council may, in cases where the
Chief Executive Councillor is required to take, in accor
dance with the provisions of this Act or the rules made
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, authorises the Chief Executive
Councillor 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 Councillor takes
any action under sub-section (1) above, he shall inform the
Executive Council forthwith and shall obtain the approval
thereof.
29. (1) The Executive Council shall meet nt least once
in every three months for transaction of its business at such
place and time as the Executive Councillors may direct.
(2) The meeting shall be convened by the Chief Execu
tive Councillor by giving seven clear days notice.in writing
to each member of the Executive Council.
30. The Quorum for transaction of business at a meet ~
ing of the Executive Council shall be three members includ
ing the Chief Executive Councillor.
CHAPTER-V
THE VILLAGE COUNCIL
31. The Village Council shall be a body corporate hav
ing perpetual succession and a common seal with powers to
acquire, bold and dispose of property and shall sue or be
suecl by its corporate name .
32. (1) The Village Council shall cons ·ist of lO(ten)
members of which 5 (five) seats shall be reserved for the
Lal ung Community out of which at least one shall be a
women .
1592 TH_E ASSAM GAZETTE. EXTRAORDfNA Y. OCT. 30. 1995
f<Tm oi
office.
.. ·'' ;1;·
\II : 1'
( 2) Everv :"'k'l :· u •)f the Village Counc il shall be en Ii··
tied to such sitting allowances as n;ay be fixe d by the Vil
lage Councii subject to the approval of the G eneral Cou ncil
and the Government.
C; 1 he elected members nf the Village Cou ncil shall,
at the first meeting after the election, elect from among
them<:elves, in the manner prescribed, -
(i) One member to b~- th:; President who shall also be
the Chief of the Village Council, and
(ii) one member to he the Vice President \:vho shall be
the Deputy Chief of the Village Coilncil
33. (I) The term of officF- of the Vil lage Counc il shaH
be five years from the date of the first meet ing as appointe d
by the Governrnent afrer the elecnon of the members unless
(fo;sol 1cd carher under >tCtion 68 .
Provided that the Govern nent may, if it is sac isfied
that circumstances exist which render the holdi ng of elec
tion. as provided. 1mpracticable , extend the term for a peri·
od not exceeding one ye<tr.
<2) No· Jthqanding anythliib: conra·ned in sub
sc ·tion i above, the President or the Vice Presiden t of a
Vdi<ige C,nmcil ~lial1 Ci:d~" to huld (JITice as su h fort h vith
if he, for ~"1v rcason,cc;1se) to he a member.
( >) Not,.v11hscanciing anyrhing contain ed in sub
~:cctiun(l) or SulJ-section (2) above the ten n of the Villag e
Council shall be co-terminus with the Genera l Coun cil.
34. (!) J\1,y member of the v·11age Counci l may, :it
111\ time b,' ~i·:mL: notice in \\titi11~z addre.s,;ed to the Pres i-
.f , \·;1~ 1\:sign;11is office : '
0
1 • \ ! I I ''_I'
I! 1!1 i;
l'·ov1<.1ccl 1l tt 1n case of the >resident the notice shall
i.-.· ·1 1 ldn:sscd tu the V1c.c Pre:-.ident.
(2) Such 11.:sig1wt1011 siiitll take cllC'ct from such elate as
specified Ill tllc notice 01 ii no ~uch cbtc is spec ified from
iii,; <I: .. , 0'. Jt.; rrceii)t bv the office bc.irer :1ddrcssccl. I •
THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 30. 1995 1593
Removal of
members of
the Village
Council.
Fillin;,; np
of' 1 :1c:1ncy
ill lit l' () l'-
li cc ol' I Ile
I' re ~ i d c n t
or the \'ic<:
l'rt:sidcn!.
35. (1) The Presiden t or the Vice President or both of
a Village Council may be removed from office by a resolu
tion carried by a majority of the total number of the elected
members at special meeting of the Village Council called for
the purpose upon requisition made in writing by not less
than one third of the members of the Village Council.
(2) The Government after giving an opportunity to an
elected members of the Village Council to show cause
against the action proposed to be taken against him and after
giving a reasonable opportunity of being heard, may by or
der, remove him from the office, if he -
(a) after his election, is convicted by a criminal court
of an offence involving moral turpitude punishable with im
prisonment for any period exceeding six months ; or
(b) incurs any of the disqualifications meqtioned in
section 54 after his election as member of the Village Coun
cil; or
(c) is absent from three consecut ive meetings of the
Village Council.
(3) any memb er of the Village Council who is re
moved from the offi ce 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 fundame ntal principles of
Judicial proceedings , pass such order or orders either con
firming or rnodyfying or setting aside the order appealed
:1gai11st and pendin g the final disposal of the appeal, may
pass such other interlocutory order or orders including stay
of operation of the order appealed against.
(!~)The order passed by th.e Judicia l Authmity referred
to in sub-section (3) above, or such appeal shall be final.
36. Any vacancy in the office of the President or the
\'ice-President by reason of death, resignation, removal or
oihcrwisc, shall be filled up within one month from the date
or oc:currcn ce !hereof, from amongst the elected members
or' the Village Council in the same manner as has been prc
~cribccl in section 32 for the election the President or the
\'icc -Prcsic\cnLas the case may be.
1594 TJ-lE 1\SSAM GAZETlT, EXTH.AORDTNARY, OCT. 30. 1995
Salarirs 37 . (1) The President and the Vice President shall be
:ll lo" ·a nccs whole time functionaries and shall be paid out of the Vil
and other luge Council Fund such salaries and allowances as may be
em ol urn c n ts prescribed.
Powers ,
functions
and duti.es
0f the Presi
dent and the
Vice Presi
dent .
·t1,efing of
th e Vi ll age
; · oun cil.
(2) The other terms and condi tions of service of the
President and the Vice-President shall be such as may be
prescribed .
38. (1) The President of the Village Council shall be
responsible for the maintenance of records of the Village
Council, for the administrative control and supervision of
all officers and employees in the Village Council.
(2) The President shall exercise such power;s, dis
charge such duties and perform such functions as may be
entrusted by the Village Council.
(3) The Vice President of the Village Council shall ex
ercise suc h of the powers , perform such of the functions
and discharge such of the duties of the President as the
President may, from time to time subject to the rules, if
any, made in this behalf by the Government, delegate to
him in writing.
(4) Notwithstanding anything contai ned in the forego
ing sub-section, neither the President nor the Vice-President
shall exerc ise such powers, perform such functions or dis
charge such duties as ma y be required by the mies made
under this Act to be exercised, performed or discharged by
the Village Council at a meeting.
39. (1) The Village Council shall meet at least once in
every months for transaction of its business .
(2) The meeting of the Village Counci l shall be held at
the office of the Village Council or at such other convenient
place at such time as may be notified by the President :
Provided that the first meeting of the Village Council
after the election shall be held on such date and time as may
be appointed by the Government.
THE ASSAM GAZETTE. EXTRAORDINARY, OCT. 30, 1995 J!S95
rfiaih. or 40· Every membe r of the Village " Council shall
a rma tion. before t aking his seat. make and subscribe, before
Quorum.
omce of
th e Village
Cou nci'.,
such person as may be appc .inted by the Governor
in his beha f, an oa th or affirmation in the manner
a nd form as may be prescribed
4 J. The quorum necessa ry for transaction of
business at a m eeting ol the Villa ge Council shall
be 1 ~ (fc ur) membe rs and t he decision o f the Village
C o uncil sh ..,, ll be by a single majority of votes of
t he memb ers pres en ~ .
42. (1) There sha ll be an offi c: e of the Village
CnL,nci1 at l'l:ch olac e as nrny be determined by
the Vilb ge Council with the approval of the
Governn ,ent.
(2) The G u ver nmcr~ t shall, in comultat [on
with the P res ident o i the Villag e Counci i; appoint
a Se~reta r y of tbe Villa ge Crnmci L
(3) The Secrehry to the Vill age Council
sha ll be · th," Chief Ex1..c ut ive 0 1 the Village Co•m
cil and : '.1:-iU '.' .. er u nder the di rection and control
of the Pre '\id ,, t. · All other Officers and staff shall
be subordi nate to him.
(<;) The Secreta ry shell be prese,nt and itake
part m the discu ' si on of a 11 the rneetiog1i --of the
Village Cnuacil or <.my Committee of the Village
Council and mav wi th ·the consent o; the Pi:esident
er any oth er pe1·son p residin~ <.iver su ch meeting
fo r li e time being, as the ca'!e may be, at any
tim c:: Lrnkc a SL',tcmen t or give explanation of the
facts and circJ :1:-ta n ,~e s but :; h ·tl! not b~ entitled
to vuk in any such me .; ting.
159l) THE ASSAM GAZETTE, EXTRAORDIN.ARY1 0C
1
f. 30, 1995 - - ·--· -·---~- ·- --- -·*· ......... ·--,_-..,,._..,...,,_,..,..., .. , .. ._..~ . - ·-·--- · -~ .... --.. .->O - -~ -~-........... _..._._ .. _ . ---··--· ..
(5) The Govemment ma y in consultati()11 with the
President depute such other Officers or c·:perts, a~
may be required to assist the Village Council on such
terms and conditions as may be determi~ed bv the
Gorvernment. · ·
(6) The Government may, from time to .. time,
post such other officers or staff as mav be requi .
red so as to meet the exigencies but while mat< ing
such posting due regard may be _ given to the
views of the Village Council.
(7) All officers and staff posted . in ,- the , Village
Council Office shall be accountable · to the village
Council for their performances and assessment of
their works recorded by the Village Council shall be
incorporated in their Annual Contidential H .. eports
by the Government.
(8) Notwithstanding anything cilnt::i.ined m any
of the foregoing sub-sections, the Government may, ·
Ul any time in consultation with the President, with
draw the Secretary or any other offlcer or slaff po
sted or appointed by it in the o!Ike of ti1¢ Vi1iage
Council.
C!l,i\l'TER - VI
POWERS AND FUNCTIONS OF THE
VILLAGE COUNCJL.
Subj~~! 43. Notwithstanding anything contained in any
to h: nn~ other law or rules for the time being i11 force , the
ec:i u ~be Vil?age Council shall have the executive power in re
~~d a~lrd- lation to the Village Council Area over the following
nistraticn subjects;
of tbc Vi·
lla~e cou• 1. Agriculture including AgricuJtwal ,Extension. 01;11.
· 2. Animal Husbandry, Dairy Development and
Poultry.
3. Fisheries.
4. Social and Farm Forestry/Minor foreat pro
duce. fuel and foodder .
:, 1993
ith the
rts, a'.>
n such
bv the
; um~ ,
requi ·
naking
o the
Village
village
ilt of
iall bu
~ej:}Orts
11 any
t may,
, with
lff po
\'i11£tge
f HE
n anv
ce, the
r in re
.lowing
ensfon.
nt and
1t pro-
THE ASSAM GAZETTE, EXTRAORDINARY, SEPT.30, 1995 1597
-·- - ---... -~ ...... .-. -----·- ------ · --- - ----~· -··--·- ·· ·- · · --~-- ~ -- - -· ·-- ~ · -·· ~ -· · ·-·· ·--
5. Khadi , Vlllage and Cottage Industries.
6. Rural Housing.
7. Drinking Water.
8. Road . Buildimz, Culverts, bridge~, tunnels, wa
terwa v« and other mean s of communica-" tion.
'· Rural Electrification.
10. Nonconventional Energy Source:'.
11. Pove rty Ileviati on Programme ,
12. Educ<'ltion including Primary Schools.
13. Adult and Non-formal Educ:ttion.
14. Libraries ,
15. Cult um I Activities.
J 6. Markets and Fairs.
17. Rural sanitation.
18. Public Hea lth and Family Welfare.
19. \llomen a nd ChiJd Developm ent.
20. Social Welfare including Welfare of Handi
cEpped and mentally retarded.
21. Welfare of weaker section a'Tid in particular
and Scheduled Castes and Scheduled Tribes.
22. Public Distribution System.
23. Nfainl(;: nancc of Community assets.
24. Constrnction and m~·linl . e n~n ce er l)t-nram
salas and sh~:ibr 1nstit ulion.
.~ ...... -~ ···----- -- - ----~--------.. --------
159$ THE ASSAM GAZETTE, EXTH.AORDINA RY, OCT 30, 1995
----·------ - ~--- - ------- - --···--------·------·- - ------ -------- -----
25. Construction and maint enanc e of cattle sheds,
pounds and cart stands .
26. Maintenance of Public parks and. .play gro unds·
27. Construction and maintenance of Slaughter
houses.
28. Maintenance and regulation of manure.
29. Such other funct ions as may be entrusted by
the Government from time to time.
Other m~· 44. Subject to the gneral policy of the Goven.irpent
tter 10 be and subject to the general control and superv1s1on
bnder
1
the of the General Council, the Village Council shall
contro .
and adllli- (') ._.. , . · d d l 1 f h mistratinn 1 iormuiate rnte grat e eve opment p ans or t le
!lf the Vi- Village Council Area ;
llage COU·
udJ. (ii) implement c;cbem,-::s and programmes for
development of the Vi1lage Council Area;
the
(iii) have pmvers to appoint Class-HJ and Class-IV
staff of the Village ·Counc il:
(iv) have powers to regulate trade and commerce
within the Village Council Area in accordance with
the existing laws including issue of permits or licen ces
to individua1s \Vithin the Vilhtge Council Area;
(v) guide customs and traditions and social Ju stice
of the Lalung Community according to their traditi-
onal laws; and
(vi) allot permits for trade and commerce to the pe
ople residing in the Village Council Area preference
being given to the Lalung Community.
P t
. 45. (1) Subject to the provisions of any other laws
ower o ~ l . b . . f d . impose k- tor tie time emg m .orce m11. subject. to the t?revi-
vy an 1 co- ous i::-pproval of the General Council, the village
1!cct tax : ~. Council shall have the power to collect within the
village Council Area such taxes as ·are payable under
the law for the time being in force in the mannr as
may be prescribed : -
J95 'I'HE ASSAM GAZETTE, ~XlH l1 0riDlNAKY,UCT. 30, 1995 1599
is,
is·
:er
:nt
11
Jl
he
he
IV
·ce
th
·es
cc
ti-
le-
1ce
ws
Vl
;ge
he
!er
as
----·-·--·-- ·------·-· -.--------·- - - ----- --· ----- ---------. -·--· - ·- ---------- -·----.
-~r • t -----
Provided that the tax or taxes as aforsa id sha ll
be collected from such date as may be appointed by
the Govern men t by notification in this behalf in the
Offtcial Gazette.
(2) Subject to sub-section (1) and suc11 rnaxim um
rates as the Government may prescrib e, the Village
Co uncil, sh::d
(a) levy tolls on pe1 sons, v c c~1icies or animals of
any class, for the use of any bridge, or road other
than kacha road or ferry constructed or esta blished
by it ;
(b) Levy the foliowi ng foes and rat.es namely:-
(i) fees on th~ registration of boats or vcch icles ,
(ii) fees for providing sanitary arran~erne nts at
such place:' of worship, pilgrimage, fairs, me
als nr oth r r public places within the Village
Council Arca as may be specified by the Go
vernment by notification in the Officia 1 Gaze
tte;
(iii)f ees for ncenccs
(iv) water rates wher e arra ngements for irrigat1on
or drinki n.g water is made by it within the
Vil!age Council Area;
(v) lighting r:ite where arrangements f ·.r lighting
on pub 'ic streets 01 places are made by it
within the Village Cou ncil Axea.
(3) Notwithstanding anything con tai ned ;n the
fo1egoing sub-sect io ns, the Village Council shall no t
unde rtake registration of any vcchicle or levy any
fee in respect thei·eof and shall not provide sanitary
arrangements at places of worship , pilgrimage, fairs,
melas or other public places within tbe Villa ge Cou
ncil Area or levy any fees in respec t the reo f, if such
veh icle has already been registernd by any other
. authority und er th e law for the time being in
for ce or if such pr.~vision for sani ' ary arr ange ments
has already bee:1 made by the Government or any
other local authority.
1600 THE ASSAM GAZETTE. EXTRAORDINAR~\ 001' . 30, l995
---- ·- -----
(4) The Collection of tolls, fees or rates and the te
rms and conditions for the imposition thereof shall be
such as may be prescribed by the bye-laws such bye
laws may interalia provide for exemption from all or
any class of cases.
Powa 1<" 46. Notwithstanding anything contained in this Act
ent ; ust ru- the Government may, in consultation with the Vi
ocl!ons . Hage Cou ncil entrust either conditionally or
without any condition to the Village Council or its
officers any functions in relation to any matter not
enumerated in section 43 to which the executive
power of the Government {;Xtends.
Power i.o 47. Notwithstanding anything contained in section
acqui re hc-3 1, the Village Council, subject to the prevoius app
Jd ai,d di - roval of the Government and subject to such terms
sposeExcerpt shown. Open the full act in Lexace.