LexThe SONOWAL KACHARI AUTONOMOUS COUNCIL ACT, 2005
Assam · state statute
Open in Lexace · Ask the AI about this actRegistered 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.
Preamble .
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
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 :-
1562 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005
Short title, extent
and
commencement.
Definitions.
CHAPTER-I
PRELIMINARY
t. ( 1) This Act may be called die Sonowal Kachari Autonomous
Council Act, 2005.
(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 .
(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 Counc il
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 ;
(k) 'Gaon Panchayat', ' An~halik Panchayat ' and
' Zita Parishad' have the same meaning defined
in the Assam Panchayat t\ct , 1994 ;
Assam
Act
XVIII
of 1994
l
. THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005
Sonowal Kachari
Autonomous
Council.
Village Council
(I)
(m)
'Member' means a mc:mber of the Village
Council or the General Cc,uncil or the Executive
Council, as the case may be i
'Municipality' has the snine meaning as in the
Assam Municipal Act, l 956;
(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.
AHom
Act XV
of 1957
3. · (1) There shall be an autonomous council to be called the
Sonowal Kachari Autonomous Council within the State of
Assam comprising of thl..' areas of the Village Councils as
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
hereinafter.
4. (1) There shall be a Village Council for each block of villages,
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.
1563
1564 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005
Incorporation of
the General
Council
Constitution of the
General Council.
Term of Office
CHAPTER-II
THE GENERAL COUNCIL
5. The General Council shall be a body corporate having
perpetual succession and <1 common seal with powers to
acquire, hold and dispose of property and to contract and shall
sue or be sued by its corporate name.
6. (1) The General Council shall consist of 30 (Thirty) elected
members out of whkh 4 (Four) members shall be
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"
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 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
THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005 1565
Resignation of
members of the
General Council.
Removal of
Membefs of
General Council.
Salaries, allowances
and other
emoluments
8. (1) Any member of the General Council may, at any time, by
giving notice in writing addressed to the Chief Executive
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.
9. (1) The Chief Executive Coundlor or the Executive Councilors
or any one of them or all of them may be removed from
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 purpo se 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-sect ion (2) above , may within thirty
days from the date of the order, appeal to such Judic ial
Authority as the Government may prescribe and the
authority so prescribed after admitting an appeal may,
after compl ying with the normal and fundamental
principles of judicial proceed ings, 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.
10.(l)The Chief Executive Councilor and the Executive
Councilors shall be whole time functionaries and shall be
naid out of the General Council Fund such salaries and
1566 TH E ASSAM GAZETTE , E XTRAORDINARY , MAY 17, 2005
Filling up of
Vacancies.
Power s, fun ctions
an d dut ies of the
Chief Executive
Councilo r
Meeting of the
General Cou ncil.
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
Exec utive Councilor and the Execut ive Councilors shall
be such as may be prest;ribed.
11. (I) 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 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
elec tion of the Chief Exe cutive Councilor or the
Executive Councilor s. 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:
(b) have general respo nsibility for the financial and executive
administration of the General Council;
(c) exercise administrative supervision and contr ol 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 bus iness under this Act or for the purpo se 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
suc h duties as may be required by the rules made under this
Act to be exercised, performed or discharged by the General
Counci l at a meeting ;.
(e) exercise such other powers , perform such othe r duties as the
General Council may , by general or special resolution, direct
or as 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 ol its business .
- j
- <
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.
Headquarter of the
General Council.
Secretariat of the
Sonowal Kachari
Autonomous
Council.
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.
16. The Government may, by notification in the official Gazette,
declare any place within the Council Area to be the
Head Quarter of the Gt·neral Council.
17. (1) There shall be a secretariat for the Sonowal Kachari
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 Councilor.
(2) .The Principal Secretary shall be the Principal Executive
Officer of the General Council and all other officers of
the General Council sha ll 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 con sent 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 stateme nt 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.
. ...
_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 Counc i 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.
THE ASSAM GAZETTE , EXTRAORDINARY , MAY 17, 2005 1569
CHAPTER-Ill
POWERS AND FUNCTIONS OF THE GJ1:NERAL COUNNCIL
Subjects to be
-.nder the control
and administration
of the General
Council~
18. Notwithstanding anything contained in any other law or rules
for the time being in force, the General Council shall have
executive powers in relation to the Council Area over the
following subjects :-
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 Vocationa l Training,
8. Cultural Affairs,
9. Soil Conservation ,
10. Co-Operation,
11. Fisheries,
12. Panchayat & Rural Development,
13. Handloom and Textile,
14. Public health Engineering- - Drinking Water,
15. Minor Irrigation,
16. Social Welfare,
17. Flood Control schemes for protection of villages (not of
highly. technical nature),
18. Sports and Youth Welfare,
19. Weights and measures,
20. Library Services,
21 . Museum and Archaeology,
22. Urban Development, Town and Country Planning,
23. Tribal Research ,
24. Land and Land Revenue,
25. Publicity and Public Relation,
1570 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005
Other matters to be
under the control
and administration
of the General
Council
Powers to impose,
levy and collect
taxes.
26. Tourism,
27. Transport,
28. Any other matter connected with development,
29. Municipal Board, Improvement Trust, District of Boards and
other local-self Governme n < of Village Administration,
30. Tribal Welfare,
31. Market and Fair,
32. Lotteries, Theatres, Dramatic perfo rmances and Cinema,
33. Vital Statistics including registration of birth and deaths,
34. Food and Civil Supplies.
19.
(i)
Subject to the general policy of the Government , the
General Council shall ··
formulate integrated development plans for the Council
Area;
(ii) implement schemes and programs for the developme nt 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 perm it 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 appoi ntments 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.
20 (1). Subject to the provisions of any other law for the time
being in force, the General Council shall have the powers
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.
THE ASSAM GAZETTE, EXTRAORDINARY, MAY .17, 2005 1571
Power to entrust
functions .
Power to acquire,
hold and dispose of
property.
(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.
21. Notwithstanding anythinf" contained in this Act, the
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.
22. Notwithstanding anything c•mtained 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
1572 THE ASSAM GAZETTE ; EXTRAORDINARY, MAY 17, 2005
Power to make bye
laws
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.
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 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
"",..:.,
I
THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005 1573
The Executive
Council
Term of office of
the Executive
Council.
Powers and
functions of the
Executive Council
CHAPTER-IV
THE EXECUTIVE COUNCIL.
24. (1) The Executive Council shall consist of the Chief Executive
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.
25. A member of the Executive Council shall hold office until he -
(a) ceases to be a member of t.tte General Council, or
(b) resigns his office in writing under his hand addressed to the
Chief Executive Councilor in which case the resignation
shall take effect from the date of acceptance thereof.
Provided that in case of the Chief Executive Councilor, the
resignation shall be addressed to any one of the Executive
Councilors.
26. (1) The executive powers of the General Council shall vest in
the 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.
1574 THE ASSAM GAZETTE, EXTRAORDINARY; MAY 17, 2005
General powers
of the Chief
Executive
Councilor
Special power of
the Chief
Executive
Councilor
Meeting of the
Executive
Council.
Quorum.
27. (1) The Chief ·Executive Councilor shall be the Chief of the
Sonowal Kachari Autonomous 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 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.
28. (1) The Executive Council may, in cases where the Chief
Executive Councilor is required to take in accordance with
the provisions of this Acl or the rules made thereunder or
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.
29. (1) The Executive Council '>hall meet at least once in every
three months for transaction of its business at such place
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.
30. The Quorum for transaction of business at a meeting of the
Executive Couricil shall be three members including the
Chief Executive Council< ir.
THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005 1575
Incorporation of
the village
council.
Constitution of
the village
Council.
Term of Office.
Resignation of
members of the
Village Council.
· CHAPTER-V
THE VII.,LAGE 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 shat I sue or be sued by its corporate
name.
32. (1) The Village CounCil shall consist of I O(ten) members of
which 5(five) seats shall be re~ : erved for the Sonowal Kachari
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.
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.
34. (1) Any members of the Village Council may, at any time by
giving notice in writing addressed to the President, resign his office:
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
1576 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005
Removal of
members of the
Village Council.
Filling up of
vacancy in the
office of the
President or Vice
President.
Salaries,
allowances and
other
emoluments .
specifi ed in the notice or if n<J such date is specified, from the
date of its receipt by the offfo.: bearer addres sed.
35. (1) The President or the Vice President or both of a Village
Council may be removed from offic e by a resolution carried
by a majority of the total number of the elected members at
a special meeting of the Village Counc il 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 opportun ity 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 con victed 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 menti oned, 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 judici al Autho rity
as the Government may prescribe and the a uthority so
prescribed after admitting an appeal may, after complying
with the normal and fundamental principles of judicial
proceedings, pass such order or orders either confi rming or
modifying or setting aside the order appea led a gainst and ·
pending the final disposal of the appeal, may p ass 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 fina l.
36. Any vacancy in the office of the President or Vice president , by
reason of death, resignatio n, removal or otherwise, shall be
filled up within one month from the date of occurrence
thereof, from amongst the elected members of the Village
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. ·
37. (1) The president and the Vice-President 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.
THE ASSAM GAZETTE, E?CTRAORDINARY, MAY 17, 2005 1577
Powers,
functions and
duties of the
President and
Vice President.
Meeting of the
Village Council . .
Oath or
affirmation.
Quorum .
Office of the
Village Council.
38. (1) The President of the Village Council shall be responsible for
the maintenance of records ol' the Village Council, for the
administrative control and supervl .~ion of all officers and employees
in the Village Council :
(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.
39.(1) The Village Council shall meet at least once in every three
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.
40. Every member of the Villag1; Council shall, before taking his
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.
41. The quorum necessary for tran:•action of business at a meeting of
the Village Council shall be 4 (fiiur) membe rs 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 ·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
under the control
and
administration of
the Village
Council.
43. Notwithstanding anything eontained in any other law or rules
for the time being in force, Village Council shall have the
executive power in relation to 1he Village Council Area over the
following subjects :-
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 We lfare 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
~~~~~~~~---~~~~~~---~~~~~~~~--'"--~~~"""-------~~~-'~
Other matters to
be under the
control and
administration of
the village council.
Power to impose
levy and collect
taxes.
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.
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 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.
45. (I) Subject to the provisions of any other laws for the time
.being in force and subject to the previous approval of th~ General
Council, the Village Council sha ll 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
Power to entrust
functions.
Power to acquire,
hold and dispose
of property.
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 wit f1in 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.
46. Notwithstanding anything contained in this Act, the
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 . '
47. Notwithstanding anything Cl)ntained in Scction-3, the Village
Council subject to the previous approval of the Govern ment and
subject to such terms and conditions as may be imposed b y the
Government, shall have the power to acquire , hold and dispose of
any immovable propertY or movable property the value of which
exceeds rupees fifty thousand ar•d to enter into any a greement or
contract with any party or author ity.
l 582 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005
Delimitation.
Power to amend
or alter
delimitation.
Electoral rolls.
Right to vote.
)
CHAPTER-VII
ELECTION
48. (1). There shall be JO (ten) constituencies in a Village Council
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.
49. Notwithstanding anything contained in Section 48 above, the
Government may, by order published in the official Gazette, alter or
amend the order made under Section 48:
Provided that no such order shall be made after the
commencement of the election prrn..:ess.
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.
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,
if he is subject to any of the disqualification referred to
in Section 10 of the Representattion of Peoples Act,
1951.
Central
Act,43
of 1951.
I .
THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, . 2005 1583
Election of
members.
Qualification for
member ship of
village council or
General Council.
Disqualification
for member-ship
of Village
Council or
General Council.
(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.
52. Election of members shall be held in accordance with the rules
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.
53. A person shall be qualified to he elected as member of either the
Village Council or the General Council if he is an elector as defined
in clause (f) of section 2.
54. (1) A person shall not be qualified for being elected either to the
Village Council or the General Council, if -
(a). he is not a citizen oflndia.
(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,
MunicipalExcerpt shown. Open the full act in Lexace.