The MISSING AUTONOMOUS COUNCIL ACT, 1995

... 
Registered No. A .. 12 
. . 
. ·· THE ASSAM GAZETTE 
. EXTRAORDINARY 
~~ <P~'#l~ ml · ~ 
. PUBLISHED BY AUTHORITY 
. ·----·------------ ·------
~~~· . ~,~ 
No.232 Dispur; 
· ~ . · 
Monday, 
~ 161C 1$" l"l"I , ~~~t 
30th October, 1995, 
11' ~ )~)'\ ~) 
8th Kartika, 1917 (S.E.) 
. - ------------- ~ ---~---~---------------------~--------------~----------------------------------------------- - --- - - -
GOVERNMENT OF ASSAM . . ... 
ORDERS BY THE GOVERNOR 
LEGISLATIVE DEPARTMENT: LEGISLATIVE BRANCH · 
NOTIFICATION 
The 30th October, 1995 
. ; · .. No.LGL. .118/95~200. -- Th~ following Act of the Assam Legislative Assembly which re-
ceived the assent of the Governor 1s hereby published for general information. . · . ' . . 
I 
1 · 
I 
1618 ' 1 , , 1lf!IE·ASSAM GAZETTE. EXTRAORDINARY. OCTOBER 30. 1995 
1· i"' t'"' I. 1t· 
Preamble. 
Short title, , , 
extent and 
<:om111ence­
men t. 
Definitions. 
AS(~~Afil'NO . xxvr OF 1995 
L:~ .. ,:·~· j$/~tt4 
(Received the as,~-,~tJ#'.~ovemor on 27th October, 1995) 
·,,,~ •.·. ''J ,..,. -'l< '1;'!,, 
p, J r·~J;'jSING}&J;~OUS CO~Gf '&, 1995. 
·1 ::·· "'i. r; ACT : 
.:. •• ; ~ ':' { \ ·._, .) 't •J ' 
· to pfovid~ o;~tde- sta ii . rher1t ~t<an· aclfilifiistrativ~ atltl1ority in the name 
and style of "Mising Autonomous Council" and for certain matters incidental there-
to and connected therewith. · 
Whereas it is expedle'~t
1 
· '/6 · ~rovide for the establishment of a Mising 
Autonomous Council within the Statf 0f Assam with maximum autonomy within 
the framework of'fh~, (..onstitutlon, comprising of the satellite areas of Village 
Councils formed out Of blocks of contiguous revenue villages, each having more 
than 50% population of Mising community, without having any compact area for 
social, economic, educational, ethnic and cultural advancement of the Mising 
community residing_thyrein. 
~ . :~ ~} :.. 
It is hereby enacted in the Forty-sixth 'r-u of the Republic of India, as 
follows:- i. -i r.f·,. ~ 
if.. < I ; •• ! 
CHAPTER - I 
PRELIMINARY 
1. (l)' T)Jis Act may be called the Mising Autonomous Council Act, 1995. 
(2) It'extendftcf the whole of the State of Assam. 1 • 
(3) It shall deemed to have come mto force with effect from 13-07-95. 
2. In this Act, uhiessthe 'context'otherwise·requ ires,-
(a) 'by e- la~' /Yiylllftrf~e)b~e-11awy~)a1[1~d1 b~:t~e General Council ; 
(b) 'Constituency' means a constituency referred to in section 48 ; 
1: (c) ;Cbrtstf tuiion;.ili~kiri~ tHe c6WrnH1ti8n Jf Ihtna ~ I 1 .. ; I 
( d) 'Council Area' means· the Mising Autonomous Council Area; 
(e) 'Elector' in relation to a constituency means a person whose name is 
entered in the electoral roll of that constituency ; 
(f) 'Executive Council' means the e:':.ecutive body of the General Council of 
the Mising Autonomous Council constituted under Sedio11 3 \3) and 24; 
· (g) 'Gaon Panchayat,'., 'Anchalik Panchayat' and 'Zila Parishad' Assam Act 
have the same meaning as~ defined in'tlM Assam panchayat Act, 1994 ; XVIII of 
1994. 
(h) 'General Council' means the General Council of the Mising Autonomous 
Council referred to in section 3 ; 
(i) 'General Council Fund' and 'Village Council Fund' means the funds con­
stituted under section 61 ; 
U) 'Government' meatfs t:he Stat~ 'Gdvernment of Assam ; 
(k) 'Governor' means the Governor of Assam; 
(1) 'member' means a member of the Village Council or the General Council 
or the Executive Council, as the ca~e may be ; 
(m) 'Municipality' has the same meaning as in the Assam 
Municipal Act, 1956; 
Assam Act 
XV of 1957 . 
t .. 
. 
" 
0 
,• 
~ ! 
0 
THE ASSAM GAZETTE . EXTRAORDINARY. OCTOBER 30. 1995 1619 
Mising 
Autonomous 
Council. 
Village 
Council. 
(n) 'Notification' means the notification issued under this Act; 
( o) 'Official Gazette' means the Official Gazette of Assam ; 
(p) 'Prescribed' means prescribed by rules made under this Act 
( q) 'Satellite area' means the area of different revenue villages ; 
(r) 'Village Council' means the Village Council 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 Mising Autono­
mous Council within the State of Assam comprising of the areas of the Village 
Councils as may be specified by the Government by notification in the Official 
Gazette. 
· (2) The Mising Autonomous Council shall have maximum autonomy within 
the frame work of the Constitution. 
(3) The Mising Autonomous Council shall have a General Council and an 
Executive Council as provided hereinafter. 
4. (1) There shall be a Village Council for each block of villages, each village 
having 50% or more Mising population. 
(2) Each Village Council area shall consist of approximately 6000 to 8000 
Population. 
(3) For the purposes of sub-section (1) above, there shall be as many Village 
Councils as may be specified by the Government by notification in the Official 
Gazette. 
CHAPTER - II 
THE GENERAL COUNCIL 
Incorporation 5. The General Council shall be a body corporate having perpetual succession 
of the Gener- and a common seal with powers to acquire, hold and dispose of property and to 
al Council. contract and sue or be sued by its corporate name. 
Constitution 6. (1) The General Council shall consist of 40 (Forty) members of which 35 
of the Gener- (Thirty five) shall be directly elected and 5 (Five) shall be nominated by the Gov­
al Council. ernment from amongst the groups of communities residing in the Council area and 
Term of 
office. 
not otherwise represented in the General Council. Out of the 40 (Forty) seats 20 
(Twenty) seats shall be reserved for Mising C0mmunity and out of these 
20 (Twenty) reserved seats, at least 6 (Six) seats shall again be reserved for women . 
(2) The Members of Parliament, and the Members of Legislative Assembly , 
Assam belonging to Scheduled Tribes Reserved Constituencies of the Council Area 
shall be ex-officio members of the General Council. 
(3) Every member of the General Council shall be entitled to such allowances 
as may be fixed by the General Council and approved by the Government. 
( 4) The elected members of the General Council shall, at the first meeting 
after the election, for the purpose of constitution of the Executive Council, elect 
from amongst themselves in the manner prescribed,--
(i) One member to be the Chief Executive Councillor who shall also be the 
President of the General Council, 
(ii)One member to be the deputy Chief Executive Councillor who shall act as 
President of the General Council in absence of the Chief Executive 
Councillor. 
(iii) Seven Executive Councillors. 
7. (1) The term of office of the General Council shall be five years from the 
date of the first meeting as appointed by the Government after the election of the 
members, unless dissolved earlier under section 63. 
(2) Notwithstanding anything contained in sub-section (1) above, the Chief 
Executive Councillor, the Deputy Chief Executive Councillor or the Executive 
1620 
Resignation 
of members 
of the Gener­
al Council. 
Remov.;d of 
members of 
.General 
Council. 
Salaries, 
allowances 
and other 
emoluments. 
Filling up 
vacancies. 
THE ASSAM GAZETTE. EXTRAORDINARY. OCTOBER 30. 1995 
Councillors 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 satisfied that circumstances exist which render the holding of the 
election, as provided, impracticable, extend the term for a period not exceeding one 
year. 
8. (1) Any member of the General Council including the Deputy Chief Execu­
tive Councillor may, at any time by giving notice in writing addressed to the Chief 
Executive Councillor, resign his office : 
Provided that in case of the Chief Executive Councillor the notice shall be 
addressed to the Deputy Chief Executive Councillor. 
(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. 
9. (1) The Chief Executive Councillor, the Deputy Chief Executive Councillor 
or the Executive Councillors or any one of them or all of them may be removed 
from office by a resolution carried by a majority of the total number of the elected 
members at a special meeting of the General Council called for the purpose upon a 
requisition made in writing by not less than one third of the members of the General 
Council. 
(2) The Government, after giving an opportunity to an elected member of the 
General Council to show cause against the action proposed to be taken against him 
and after giving a reasonable opportunity of being heard, may by order, remove him 
from the office, if he -
(a). after his election, is convicted by a criminal court of an offence involving 
moral turpitude punishable with imprisonment for any period excee ding 
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 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 con­
firming or modifying or setting aside the order appealed against and pending the fi­
nal disposal of the appeal may pass such other interlocutory order or orders includ ­
ing 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. 
10. (1) The Chief Executive Councillor,Deputy Chief Executive Councillor and 
the Executive Councillors shall be wholetime functionaries and shall be paid out of 
the General Council Fund such salaries and allowances as may be prescribed. 
(2) The other terms and conditions of service of the Chief Executive Council­
lor, Deputy Chief Executive Councillor and the Executive Councillors shall be such 
as may be prescribed. 
11. (1) Where the office of any member falls vacant by reason of his death, 
resignation, removal or otherwise the vacancy shall be filled up by election in accor­
dance with the provision of this Act and the rules framed thereunder : 
Provided that any vacancy in the office of the Chief Executive Council­
lor,Deputy Chief Executive Councillor or the Executive Councillors shall be filled 
up by the General Council by electing a member thereof in the manner prescribed 
for the election of the Chief Executive Councillor, Deputy Chief Executive Council­
lor or the Executive Councillors, as the case may be ; 
c 
l 
THE ASSAM GAZETTE. EXTRAORDINARY. OCTOBER 30. 1995 1621 
Powers, 
· · functions 
and dutie s of 
the · Chie f 
Executiv e 
Councillor . 
'O .. 
. o 
Meeting of 
the General 
Council. 
Oath of affir• 
mation , by 
·. members. 
Quorum 
Head quarter 
of the Gen­
eral Council. 
Secretariat of 
the Mising 
Autonomo us 
Council. 
(2) Any member elected in accordance with the provisions of sub-section (1) 
above, shall hold such office only for the remainder of the term of the General 
Council or the period extended under sub-section (3) of section 7 . 
. 12. (1) The chief Executive Councillor shall -
(a) be responsible for the maintenance of the records of the General Council; 
(b) have general responsibility for the financial and executive admini stration 
of the General Council ; 
( c) exercise administrative superv ision and control over the officers and 
employee s 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 dis­
charge such duties as may be exercised, per~ rmed or discharg ed by the General 
Council under this Act or the rules made thereunder : 
Provided that the Chief Executive Councillor shall not exercise such powers, 
perform such functions or discharge such duties as may be required by the rules 
made under this Act to be exercised, performed or discharged by the General Coun­
cil at a meeting ; 
( e). exercise such other powers, perform such other duties as the General 
Council may, by General or special resolution, direct or the Government may, by 
rules made in this behalf, prescribe. 
13. (1) The General Council shall meet at least once in every three months for 
transaction of its business . 
(2) The meeting of the General Council shall be held at the headquarter of the 
Mising Autonomous Council at such time as may be notified by the Chief Executive 
Councillor : · 
Provided tnat the first meeting of the General Council after the electio n shall 
be held on such date as may be appointed by the Government. 
14. Every member of the General Council shall, before taking his seat, make 
and subscribe before such person as may be appointed by the Governor in this be­
half an oath or affomation in the manner arid form as may be prescribed. 
15. The quorum necessary for transaction of business at a meeting of the Gen­
eral Council shall be 10 (ten) members and the decision of the General Council shall 
be by a single majority of votes of the members present. 
16. The Government may, by notific ation in the Official Gazette, declare any 
place within the Council Area to be the headquarter of the General Council. 
17. (1) There shall be a secretariat for the Mising Autonomous Council at the 
head-quarter of the General Council headed by a Principal Secretary to be appointed 
by the Government in consultation with the Chief Executive Councillor. 
\ (2) The Principal Secretary shall be the Principa l 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 councillor 
or any other person presiding over such meeting for the time being, as the case may 
be, at any time make a statement or give explanation of the facts and circumstances 
but shall not be entitled to vote in any such meeting. 
(4) The Principal Secretary and the other officers of the secretariat shall be 
paid out of the General Council Fund. 
1622 THE ASSAM GAZETTE. EXTRAORDINARY. OCTOBER 30. 1995 
(5) The term of appointment of the Principal Secretary shall be for a period of 
three years but may be extended by the Government in consultation with the Chief 
Executive Councillor. 
(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 Councillor, determine. 
(7) The Government may, in consultation with the Chief Executive Council­
. lor, 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 above within the Council Area in accordance with the exigencies, but while 
making such postings due regard may be given to the views of the General Council. . 
(9) All officers and other staff posted in the Council Area shall be accountable 
to the General Council for their performance and assessment of their works 
recorded by the Executive Council shall . be incorporated in their Annual Confi­
dential Reports by the Government. 
(10) Notwithstanding anything contained in sub-section (5) above, the Gov­
ernment may, at any time in consultation with the Chief Executive Councillor, with­
draw the Principal Secretary or any other officer posted or appointed by it in the 
Secretariat. · 
CHAPTER - III 
POWERS AND FUNCTIONS OF THE GENERAL COUNCIL 
Subject to be · 18. Notwithstanding anything contained in any other law or rules for the time 
under the befog in force, the General Council shall have executive powers in relation to the 
control and Council Area over the Following subjects:-
administra­
tion of the . 
General 
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. Social Conservation, 
10. Co-operation, 
11. Fisheries, 
12. Panchayat and Rural Development, 
13. Handloom and Textile, 
14. Public Health Engineering - Drinking Water. 
15. Minor Irrigation, 
16. Social Welfare, 
17. Flood Control Schemes for protection of villages 
(not of highly technical nature) 
18. Sports and Youth Welfare, 
19. Weights and Measures, 
20. Library services, 
21. Museum and Archaeology, . 
22. Urban Development, Town and Country Planning . 
23 .. Tribal Research. · . 
24. Land and Land Revenue. 
25. Publicity and Public Relation, 
26. Tourism, 
27. Transport, 
c . 
I 
f 
I 
THE ASSAM GAZETTE. EXTRAORDINARY. OCTOBER 30. 1995 1623 
Other matters 
to be under 
the control 
and adminis­
tration of the 
General 
Council. 
. 28. Any other matter connected with development, 
29. Municipal Board, Improvement Trust, District Boards and other 
local-self Government of Village Administration, 
30. Tribal Welfare, 
31. Market and fairs, 
32. Lotteries, Theaters , Dramatic Performance and Cinema, 
33. Vital Statistics including registration of birth and death. 
34. Food and Civil Supplies. 
19. Subject to general policy of the Government, the General Council shall, -
(i) formulate integrated development plans for the Council Area ; 
(ii) implement schemes and programmes for the development of the Council 
Area; 
(iii) have powers to appoint Class III and Class IV staff within the Council 
Area; 
(iv) have powers to regulate trade and commerce within the Council Area in 
accordance with the existing law including issue of permits or licences to 
individuals within the· Council Area ; 
(v) guide customs and traditions and social justice of the Mising community 
according to the traditional laws ; 
(vi) organise special recruitmept drive into Army, Navy, and other para-military 
forces, Police Forces and other Central Government establishments for ap 
pointment of the persons belong to the Mising community ; 
(vii) allot permits for trade and commerce to the people residing in the Council 
o Area preference being given to the Mising community. · 
Powers to . 20. (1) Subject to the provisions of any other law for the time being in force, 
impose, levy the General Council shall have the powers to collect within the Council Area such 
and collect taxes as are payable under the law for the time being in force in the manner as may 
taxes. be prescribed : 
Provided that the tax or taxes as aforesaid shall be collected from such date as 
· may be appointed by the Government by notification in this behalf in the Official 
Gazette. 
(2) Subject to sub-section (1) and such maximum rates as the Government 
may prescribe, the General Council shall -
(a) levy tolls on persons, vehicles or animals of any class, for the use of any 
bridge or road other than kacha road, or ferry constructed or established and 
managed by it ; 
(b) levy the following fees and rates, namely :-
(i) fees on the registration of boats or vehicles ; 
(ii) fees for providing sanitary arrangements at such places of w orship, 
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 licences ; 
(iv) water rates, where arrangements for irrigation or drinking water is made 
by it within the Council Area ; 
(v) lighting rate where arrangements for lighting of public street or places are 
made by it within the Council Area ; 
(3) Notwithstanding anything contained in the foregoing sub-sections, the 
General Council shall not undertake registration of any vehicle or levy any fees in 
respect thereof and shall not provide senitary arrangement s at places of worship, pil­
grimage, fairs, melas or other public places within .the Council Area orlevy any fees 
in respect thereof if such vehicle has already been registered by any other author­
ity under the law for the time being in force, or if such provisions for sanitary 
1624 
Power to 
entrust func ­
tions. 
Power to ac­
quire hold 
and dispose . 
of propert y. 
Power to 
make bye­
law s . 
THE ASSAM GAZETTE. EXTRAORDINARY. OCTOBER 30. 
arrangements have already been made by the Government or any other local 
authority. 
( 4) The collection of tolls, fees or rates and the terms and conditions for the 
imposition thereof shall be such as may be prescribed by the bye-laws . Such by­
laws may, interalia, provide for exemption from all or any class of cases. 
(5) The Gerieral Council may levy fee or taxes on any or all the subjects 
asigned to the Village Council. 
21. Notwithstanding anything contained in this Act, the Government may, in 
consultation with the General Council, entrust, either conditionally or without any 
condition to the General Council or their officers any function in relation to any mat­
ter 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 lakh and to enter into contract or agreement with any party or 
authority: 
23. ( 1) The General Council may, subject to the provisions of this Act and the 
rules made thereunder and subject to the approval of the Government, make bye­
laws to be applicable within the Council Area with respect to all or any of the mat­
ters enumerated in sections 18, 19, 43 and 44 for regulation, control and administra ­
tion thereof. 
(2) All bye-laws made under sub-section (1) above, shall have effect upon 
their publication in the Official Gazette. 
CHAPTER - IV 
THE EXECUTIVE COUNCIL 
The E xecu- . 24. (1) The Executive Council shall consist of the Chief Executive Councillor , 
t ive Cou ncil . Deputy Chief Councillor and seven Executive Councillors elected in accordance 
with the provisions of sub-section ( 4) of section 6. 
Term of of­
fice of the 
Executive 
Council. 
(2) The Chief Executive Councillors shall be the Chairman of the Execut ive 
Council and shall preside over the meetings thereof : 
Provided that in case of the absence the Chief Executive Councillor , the 
Deputy Chief Councillor shall preside over the meeting of the Executive Council. 
(3) Any casual vacancy among the members of the Executive Council occur­
ring by reasons of death, resignation, removal or otherwise shall be filled through 
election by the members of the General Council in the same manner as provided in 
sub-section ( 4) of Section 6 : 
Provided that no act or proceeding of the Executive Council shall be called in 
question or shall become invalid merely by reason of any vacancy among its 
members. 
( 4) The manner of transaction of business of the Executive Council shall be 
such as may be determined by the General Council by bye-laws made by it with the 
approval of the Government. 
(5) The Executive Council shall be collectively responsible to the General 
Council. 
25. A member of the Executive Council shall hold office until he --
(a) ceases to be a member of the General Council, or 
(b) resigns his office in writing under his hand addressed to the Chief Execu­
tive Councillor in which case the resignation shall take effect from the date of accep­
tance thereof : 
THE ASSAM GAZETTE. EXTRAORDINARY. OCTOBER 30, 1995 1625 
Powers and 
functions of 
the Execu­
tive Coun­
cil. 
General 
powers of the 
Chief Execu­
tive Council­
lor. 
Provided that in case of the Chief Executive Councillor, the resignation shall 
be adressed to any one of the Deputy Chief Executive Councillor. 
26. (1) The executive powers of the General Council shall vest in the Executive 
Council. 
(2) All orders or instructions made or executed by the Executive Council shall 
be deemed to have been made or executed by or under the authority of the General 
Council. 
(3) Every order made or instruction issued or resolution passed by the 
General Council shall be authenticated by the signature of the Chief Executive 
Councillor or in his absence by Deputy Chief Executive Councillor. 
27. ( 1) The Chief Executive Councillor shall be the Chief of the Mising Auton­
omous Council and shall exercise such powers and discharge such functions as are 
conferred on him by or under this Act or the rules made thereunder. 
(2) The Chief Executive Councillor, shall for the smooth and convenient 
transaction of business of the Executi ve Council allocate among the Executive 
Councillo rs such business in such manner as he may deem fit. 
Special pow- . 28. (1) The Executive Council may, in cases where the Chief Executive 
er of the Councillo r is required to take, in accordance with the provisions of this Act or the 
Chief Execu- rules maqe thereunder or any other law for the time being in force, any action sub­
tive Council- ject to the approval of the Executive Council, by a general or special resolution, au-
lor. thorise the Chief Executive Councillor to take such action subject to such condition, 
0 if any, as may be specified therein, in anticipation of such approval. 
Meeting of 
Executive 
Council. 
· Quorum. 
Incorporation 
· the village 
Council. 
Constitution 
of the Vill­
age Council. 
(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 at least once in every three months 
for transaction of its business at such place and time as the Chief Executive Council­
lor may direct. 
(2) The Meeting shall be convenced by the Chief Executive 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 meeting of the Executive 
Council shall be three members including the Chief Executive Councillor. 
CHAPTER - V 
THE VILLAGE COUNCIL 
31. The Village Council shall be a body corporate having perpetual succession 
and a common seal with powers to acquire, hold and dispose of property and shall 
sue or be sued by its corporate name. 
32. (1) The Village Council shall consist of 10 (ten) members of which 5 (five) 
seats shall be reserved for the Mising Community out of which at least one shall be 
a woman. 
(2) Every member of the Village Counc il shall be entitled to such sitting al­
lowances as may be fixed by the Village Council subject to the approval of the Gen­
eral Council and the Government. 
(3) The elected members of the Villa~e Council shall, at the first meeting after 
the elect10n, elect from among themselves, m the manner prescribed, -
(i) One member to be the President who shall also be the Chief of the Village 
Council, and 
(ii) One member to be the Vice President who shall be the Chief of the Village 
Council. 
I 
I 
I . 
i 
1626 
Terms of 
office. 
Regisnation 
of members . 
of the Vill­
age .Council . 
Remo val of 
members of 
.th e Villa ge 
Cou n cil . 
Filling up of 
vacancy in 
the office of 
the President 
or the Vic:e- · 
· President. 
Salaries , 
allowances 
and oth,er 
emoluments . 
THE ASSAM GAZETTE. EXTRAORDINARY. OCTOBER 30. 1995 
33. (1) The term of office of the Villa,ge Council shall be five years from the 
date of the first meeting as appointed by the Government after the election of the 
members unless dissolved earlier under section 68 : 
Provided that the Government may, if it is satisfied that circumstances exist 
which reriderthe holding of election, as provided, impracticable, extend the term for 
a period not exceeding one year. 
(2) Notwithstanding anything contained in sub-section (1) above, the Presi­
dent or the Vice-President of a Village Council shall cease to hold office as such 
forthwith if he, for any reason, ceases to be a member. 
(3) Notwithstanding anything contained in sub-section (1) or sub-section (2) 
above, the term of the Village Council shall be co-terminus with the General Coun­
cil. 
34. { 1) Any member of the Village Council may, at any time by giving notice 
in writing addrssed to the President resign his office : 
Provided 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 specified in the notice 
or if no such date is specified from the date of its receipt of the office bearer 
addressed. 
35. (1) The President or the Vice-President or both of a Village Council may be 
removed from office by a resolution carried 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 giving an opportunity to an elected member of the 
Village Council to show cause against the action proposed to be taken against him 
and after giving a resonable opportunity of being heard, may by order, remove him 
from the office, if he --- · 
(a) after his election, is convicted by a criminal court of an offence involving 
moral turpitude punishable with imprisonment for any period exceeding six month ; 
or . 
(b) incurs any of the disqualifications mentioned in section 54 after his elec­
tion as member of the Village Council ; or 
(c) is absent from three consecutive meetings of the Village Council. 
(3) Any member 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 pre­
scribed, after admitting an appeal may, after complying with the normal and funda­
mental principles of Judicial Proceedings, pass such order or orders either confirm­
ing . or modifying or setting aside the order appealed against and the final disposal 
of the appeal, may pass such other interlocutory order or orders including stay of 
operation or 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. 
· 36. Any vacancy in the office of the President or Vice-President by reason of 
deat h, resignation, removal or otherwise, shall be filled up within one month from 
the date of occurrence thereof, from amongst the elected members of the Village 
Cou ncil in the same manner as has been provided in section 32 for the election of 
th~ President or the Vice-President, as the case may be. 
37. (1) The President and the Vice-Presiden t shall be whole time functionaries 
and shall be paid out of the Village Council fund such salaries and allowances as 
may be prescribed. · 
(2) The other terms and conditions of service of the President and the Vice­
President shall be such as may be prescribed. 
0 
... 
. THE ASSAM GAZETIE; EXTRAORDINARY . OCTOBER 30. 1995 : ' 1627 
Powers, func- . 38. (1) The President of the Village Council shall be responsible for the mafo­
tenance of records of the Village Council, for the administrative control and supervi ­
. sion of all officers and employees in the Village Council. 
. tlom and du­
ties of the 
President and 
Vice­
President. 
.Meetln& of 
the VIiiage 
. Council.· 
(2) The President shall exercise such powers, discharge such duties and per­
form such functions as may be ·entrusted by the Village Council. 
(3) The Vice-President of th~ Village Council shall exercise such of the pow- ·' 
ers, perform such of the functions and discharge such of the duties of the President . · 
as the President may, from time to time subject to th~ rules, if any made in this be-· · ~ ' 
half by the Government delegate to him in writing. · · 
·, '(4) Notwithstanding anything contained in the foregoing sub-sections, nei­
ther the President nor the Vice-President shall exercJse such powers, perform such 
function~ or discharge such duties as may be requirejl by the rules made under this 
. Act to be exercised, performed or discharged by the ~Ulage Council at a meeting. 
' ( J 
39. (1) The Village Council shall meet at least once in every month for transac­
tion of its business . 
(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 of amr- 40. Every member of the Village Council shall before taking his seat, make and 
subscribe, before such person as may be appointe d by the Governor in his behalf, 
matio .n. an oath of affirmation in the manner and form as may be prescribed. 
. Quorum. 
41. The Quorum necessary for transaction of business at a meeting of the 
Village Council shall be 4 (Four) members and the decision of the Village Council 
shall be by a single majority of votes of the members present. 
42. (1) There shall be an office of the Village Council at such place as may be 
OMce of the determined by the Village Council with the approval of the Government. 
VIiiage 
Council. (2) The Government shall, in consult ation with the President of the Village 
Council, appoint a Secretary to the Village Council. 
.. · (3) The .Secretary to the · Village Council shall be the Chief Executive of the · ··. 
Village Council and shall act under the directio n and control of the President. . All · 
other officers and staff shall be subordinate to him. · 
·. · · ( 4) The Secretary shall be present and take part in the discussion of all meet- .. 
ing of the Village Council or any Committee of the Village Council and may with the · 
.. consent of the President or any other person presid},ng over such meeting for the 
: tinie beirig; as the case may be, at any time make a statement or give explanation of 
the facts and circumstances but shall not be entitled to vote in any such meeting. 
· (5) The Government may, in consultatio n with the President, depute such 
other officers or experts, as may be required to assist the Village Council on such 
terms and conditions as may be determined by the Government. 
. ( 6) The Government may, from time to time, post such other officers or staff 
as may be required so as to meet the exigencies but while making such position due 
· regard may be given to the views of the Village Council. 
(7) All ·Officers and staff posted in the Village Council office shall be 
accountable to the Village Council for their performances and assessment of their 
works recorded by the Village Council shall be incorporated in their Annual 
Confidential Reports by the Government. 
. (8) Notwithstanding anything contained in any of the foregoing sub-sections 
the Government may at any time', in consultation with the President, withdraw the 
· Secretary or any other officer or staff posted or appointed by it in the office of the 
Village Council. · . 
. I 
I 
I 
i 
l 
·1 
I 
I 
I 
I• 
1628 · THE ASSAM GAZETTE. EXTRAORDINARY. OCTOBER 30 . . 1995 
CHAPTER· VI 
POWERS AND FUNCTIONS OF THE VILLAGE COUNCIL 
Subject to be . . ·. 4~. Notwithsta~ding anythi~g contained in any oth~r law or ~les fo~ the time 
· under the eon- bemg m force, . the Village Counctl shall have the executive power m relation to the 
trol aad ad· · Village Council Area over the following subjects ; 
mlnlstr1Hlon . 
of the Vllla1e 
·couadl. 
·.· f 
. , 
' 
-~ 
· Other matters 
t~ be under 
the control a 
lid•l•l•tratlon 
of the Vllla1e 
Counell. 
1. Agricu lture 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. Nonconventional Energy ~ources, 
11. Poverty alleviation programme, 
12. Education including Primary Schools, 
13 .. :Adult & Non-formal Education, 
14, Libraries, · 
15. Cultural Activities, 
16. Markets and Fairs, 
17. Rural sanitation, 
18. Public Health & Family Welfare, 
19. Women & Child Development, . 
20. Social Welfare including Welfare of Handicapped & mentally retarded, 
21. Welfare of weaker section and in particular the SC/ST, · 
22 .. Public Distribution System, . · 
· 23., Maintenance of community assets, . 
· 24. Construction and maintenance of Dharamasalas and similar institutions, 
25. Construction and maintenance of cattle sheds, pounds, and cart stands, 
26. Maintenance of Public parks and play grounds, · 
27. Construction and maintenance of slaughter houses, 
· 28. Maintenance and regulation of manure, 
29. Such other functions as may be entrusted by the Govt. from time to time, · 
44. Subject to the general policy of the Government and subject to the general 
. control and supervision of the General Council, the Village Council shall -
(i) formulate integrated development plans for the Village Council area, 
(ii) implement schemes and programmes for the development of the Village 
· Council · Area, 
(iii) have powers to appoint Class-ID and Class - IV staff of the Village · 
Council, 
(iv) have powers to regulate trade and commerce within the Village Council 
Area in accordance with the existing laws including issue of permits or 
licences to indivi.duals within the Village Council Area, 
. (v) guide customs and traditions and social justice of the Mising Commu-
. nity according to their traditional laws; and . 
(vi) allot permits for trade and commence to the people residing in the Village 
. Council Area preference being given to the Mising Community. · · 
Power. to · 45. (1) Subject to the provisions of any other laws for the time being in force 
' ·Impose levy . and subject to the previous approval of the General Council, the Village Council 
and taxe1. · shall have the power to collect within the Village Council Area such taxes as are 
' ~.' 
payable under the law for the · time being in force in the manner as may be 
prescribed : . · · . · 
Provided that the tax or taxes as aforesaid shall be collected from such date as 
may be appointed by the Government by notification in this behalf in the Official 
Gazette. : · . 
, l 
: ! 
' ! 
1630 THE ASSAM GAZETTE. EXTRAORDINARY, OCTOBER 30. 1995 
Power to · 49. Notwithstanding anything contained in section 48 above the Government 
amend or may, by order published in the Official Gazette, alter or amend the order made under 
alter delimi- section 48 : 
. tatio1_1. 
.. Right to 
vote. 
Provided that no such order shall be made after the commencement of the 
election process. · 
50. (1) Subject to the provisions of this Act and the rules made thereunder, so 
much of the electoral roll for the Assembly Constituency in force on the last date of 
nomination, as is relatable to a Village Council Constituency, as defined in clause 
(b) of section 2, shall be the electoral roll for that Village Council Constituency. 
(2) The Electoral rolls of the Village Council Constituencies as are relatable 
to a constituency or 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 electroal roll as aforesaid in 
sub-section (1) or (2) above, shall be the electorate for the election of members of 
· the. Village Council or the General Council, as the case may be. 
(4) The Govern ment shall at the time and in the manner prescribed, cause to 
. be published the electoral roll in respect of a constituency. · 
51. (1) Save as otherwise provided in this Act every person whose name is en­
tered in the electoral roll for the time being in force, of any constituency shall be en­
titled to vote in that constituency. 
(2) No person shall vote at an election in any constituency, if he Central Act 
is subject to any of the disqualifications referred to in Section 10 of the 43 of 1951. 
Representation of People Ordinance, 1951. 
(3) No person shall vote in more than one constituency. 
( 4) No Person shall vote in the same constituency more than once. 
(5) No person shall vote at any election if he is confined in a prison, whether 
under a sentence or imprisonment or otherwise or in the lawful custody of police : 
Provided that nothing in this sub-section shall apply to a person subjected to 
preventive detention under any law for the time being in force. 
52. Election of members shall be held in accordance with the rules made under 
Election of section 60 and the first election for the purpose of constituting the General Council 
Members. ·· and the Village Council shall be held on such date or dates as the Government may 
Qualification 
for member-
. ship of Vil~ 
lage Council 
or General 
direct in consultation with the Interim Mising Executive Council referred to in 
Section .80. 
53 . . A person shall be qualified to be elected as member or either to the Village 
Council or the General Council if he is an elector as defined in clause (f) of sec­
tion 2 . 
· Council. 54. (1) A person shall not be qualified for being elected either to the Village 
Disqualificati Council or the General Council, if -
on for mem-
bership of 
Village 
Council for 
General 
Council. 
(a) he is not a citizen of India ; 
(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 As­
sam; or 
(d) he is in service of the Central or State Government, Municipality 
.. or other authority ; 
· ~ 
· o 
· ' . 
THE ASSAM GAZETTE. EXTRAORDINARY; OCTOBER 30. 1995 1631 
( e) he has either directly or indirectly by himself, or by the person or 
employer or employee, any share or interest in any contract with, by or on behalf of 
the Village Council, General Council or a Municipality or Panchayat within the 
Council Area : 
Provided that no person shall be deemed to be so disqualified 
by reason only of his having a share or interest in a public company, 
as defined in the Companies Act, , 1956, which contracts with 
or is employed by a Municipal Authority or Panchayat within the 
Council Area ; or · 
(f)'he has been dismissed from the service of the Central or 
Central Act 
of 1956. 
State Government or a local authority or a co-operative society or a Central Act 
. Government Company as defined in the Companies Act, 1956 of 1956. 
or a Corporation owned or controlled by the Central or the State 
Government for misconduct involving moral turpitude and five 
years have not elapsed from the date of such dismissal ; or 
(g) he has been adjudged by a competant court to be of unsound mind ; or · 
(h) he has been convicted by a court of an offence involving 
moral turpitude punishable with imprisonment for a period of more · 
than six months or an · offence under Chapter IX A of 
the Indian Penal Code or Chapter III, Part III or Part VII or the 
Represntation of peoples Act, 1951. and five years have not elapsed 
from the date of expiration of the sentence : 
Central Act . 
No. 43 of 
19SL 
Provided that a person shall not be disqualified under this section, by reason 
only of his being a member, President or Vice-President of the Village Council or a 
member, Chief Executive Councillor or Executive Councillor of the General 
Council. 
Filling up of 55. Where the office of any member becomes vacant by reason of his death, 
vacancies. resignation , removal or otherwise, the vacancy shall be filled by election in 
accordanee with the provisions of this Act and the rules made thereunder. 
·· · Validation. 
Publication 
of results of 
elections. 
· Vacation of 
post. 
Disputes 
regarding 
electlo .n. 
56. Where the members elected at an election are restrained from functioning 
· on account of the election as a whole b

Excerpt shown. Open the full act in Lexace.

‹ Prev All Assam acts Next ›