LexThe Matak Autonomous Council Act, 2020
Assam · state statute
Open in Lexace · Ask the AI about this act'. i :.?*; .. , $- - - " ". ,, . . ~%m 1d I'HI$B&IM GAZETTE, 'a&, $; -% -.,..> : The 19tB.O@%mr,22(no , ,,'I , . 7, .IV.. ..-i, ' na~4,.S(n82W7.- ., . ttrc: following Act of the Assam Lcgisfative Assembly which (&&ved the msentaf4he Governer en 12tb October, 2020) THE MATAK AU'~OMOUS COUNCIL ACT, 2020 1, I' Pranbk Wheress it is cagladw to provide for the establishment of a Mat& Autono- Council withb tht State of Assun within the hnewodt of W bdution of India, comprising of Matalc dominated vilw of t!ic rt.tc of &sun for swial, economic. cducadoalll, *ic Pab c\llMal lldmKmwIlt of tbe Malak comnr\mi@ &ding dracio; It is hemby 61YGtCW1 in thc%antytint Yeaofthe Republic of Indii as hlI0ws:- CHAPTER - I PRELIMNARY mw 1. (1)Thii Act in@@ be &led lhc Metak extent and Au(onomou% Cancil Act. 2020. rnmIIWIEbbMt (2) 11 extea& to the whole of the State of Assam. (3) It thall come into fotce on such data as the State OwQmnssM may, by notification in the Offiid OaEetle, mint and diff't detes may be @p&md fat different provisions of this Act or difkw areas. Dsllrftlonr 2. In this Act. unless the context otherwise requirw (a) "bye-laws" means the byplam fi.amed by the Genaal Council; @) "Constitution" means fhe Constitution of .. Miq ' (e) ~y" mwas the constituency dbdtola.. mqtiPp3O; , (d) Touncil Anan means the Matak Autonomous Council Area; (e) "Executive Council" means the executive body of the Ocncral Council of the Matak Autonomous Council Constituted under section 5 (3); (0 "Elector" in &ation to a constituency means a Derson whose name is cnted in the c~&torei roll ofth~t constituency; . THE ASSAM GAZETTE, PXTRhOIU)LNARY, OCTOBER 19,2020 2025 :I 3- (11 There ~:~pn_~o~ Council to be clUad tk Council within thcStauofflssamcompisingoftheanasof Mat& vilbges 8s may be notified bytbeOmsnrnrsntintbeOfRc'iGazetrc. CHAPTER -11 TBEGENERAL COUNCIL 4. The Gmral Council shali k a bady corporate having perpus1 succession and a common seal , with powers to acquin, hold and dispose of proptrty and to conmet and shall sue or be sued by its corporate name; 2026 THE ASSAM GAZETE, FmORDINARY, OCTOBER 19.2020 Term dome0 6. The Gemral Council shall consist of 25 (tweaty five) membasg out of which 22 (twenty two) shatl bt dkecly dcctsd snd 3 (three) shall be nonbd by the Govemmsat of I\JJIUn with the concurrence of the Matak Autonomours C-il bm mongsl the group of comrnunititar miding in the Council ma and not othcmis~ npresarbed in it. Out of 22 (twenty two) seats, 17 (seventeen) shall be r#lsrvd far Mat& -ity, 4 (row) seaseats ahall be rosanrtd for women and I (om) for cheral Oacegpry- (2) Evay member of thc M Council shall be entitled to gUEh dhanct5 as may be fixed by the Genersl Council and rtpprovcd by the -. (a) Onem&thrWXrbctheirmm; (b) ~~bbcthcBeputyChairm~; (c) One Chief Exwtive Counoilon of the Exacdve Couwil; (4 An m@ lhaa#ive CouRcilon as may be hided by cbt Ocnsnl Counail, but not exceeding rnrc Wrd of thc totd mmbw of members of the General Ccruncil. (1) The term atofiw of the Oareral Council shall befivey#ns&Dmdre&tcoftttEfhStrnccting after the ekction of mbas in ~ccordance with pwiri8aa of section 5 (3), unless &kdvad wdk mKkr stdon 49. (2) NaCwiaaRsnding mything contained in sub- #dim '(1) above, the Chief Euecutive Councilor or the Executive Councilors shall case to bola onict & such fonhwith if he, for any rarson. ce~ws to be a membu. the order, to &h ~"dicial Authority as 10- .,I - . b>%-i?% .:I the Govtxmwnt my prescribe and the dkrity so pmwibed ahr admitting an appeal may, after complying with the normal and WamentPI principks of judicial . proceedings, pass such order or orders either confirming or mdifying or setting aside the or& appeal4 g@m% and pending the final dis8pwal of tha appeal may pass such oth@ interlocutmy Q&I or oakp including stay of operation of the wda appealed against. (4) The order, p&wd, by the Judicial Authority raf;wrcd to in sub-section (3) above, on such appeal shall be final. Mrkt, 9. (I) The Chief Executive Councilor and the 1.: - dowmces awl Executive Cnunc'tlors shall be whole time 0th funetionarics ad shall be paid limmium and cmokrmab othet irltowmms out of the Oaroaaf Council Fund as may be DRscribed. Coutci~ stmil be such as may be prescribed. amm.tiae & . trJuag tiis se& mpke and subscribe before such mmbers- . petsan as may be appointed by the Governor in .> this bthtrlf sn Qgth or a!Xm&m in the manner - and forms a may be prescribed. .. Hmd Quarter OF 15. The Government mq, by notification in the the General ~fPc%f'&zette, declare any place within the Council Council Area to be the head quarier of the General Secretsrirt oftbe . 16. (I) Then shall be a S&&&eriat for the Matak Matak z& Autonomous Cblmeil et Rsadqwer of the Automomour (jeneraf Council headed by a Principal Cound .-,r. ,~ Swmtaty to bt appointed by the Government .A y. in wnsuhation with the Chief Executive ;lit C~ilor. >is (2) The Principal 3kcmtary shall be thc Principal Executive Officer of tbt Chwal Council and I,%> 2 I all ot&x otrccrs d thc &nerd Council shall veq E.~, be subordinrte to him. ' %l 3) T~G PriRciM Se~retary shall be present and -a*, - take part in the digcussion of all the meeting of ha,&? the Qeneral Counoil ar the Executive Council t .A .re,~0 or any omdt~ee of the ha1 Council Iuld may, with the consent 01' the Chief Executive Lie rait rr, Cauncilw or my other pemon presiding over 'C': y6rn l.io wJ1 m4ng for the time being, as the case 3& 3. c. may kt, et any time makc a statement or give expiap@tion of lhe facts and circumstances but ' ' shnfl not be entitled to vote in any such meeting. (4) The Principal Seeretclry and the ohr officers -4 IS 1: of the Sccntariat 'MI be paid out of the 11 ic qly.*.r:t/: to - Gmeal eoum5t F&. m-> ! . ~i!!92 (5) The term of Dppointmcnt of the Principal Secretary shall be for a period of three years I!& IIXW but may& &M by the Government in consuluufo~I with the Chief Executive * Councils. :rcr I% may appuim such ofhers for 5th W C)anral t%amil bn such terms and bbddibdi . . as r4rt OsvarmRart may, in 3h4 emdatiim with the Chief Executive Councilor, detamine. C7) The Govdmnt may, in consultation with the :r! Il:brt f Lbief 6xbcutive COM1Eilor, depute such other I+> r 12 affbm mezpemas mty be required to assist d ,: iut ( i.1 .rclrwrc Me. &ned Cwureil on sueh terms and i~w~ :! :!: dih as may be detwtnined by the Gowmwrant (8) Notwithstanding mything contained in sub- . ~2iiiU OCdim (5) &eve, iht 50vdmfl~ent may, al any sw Sr sime in com&Con with th CWmf Executive - , . Coun~ikw, ~~w %he Fhcipd Secretary or f@ ?..?':!*[I my dw aMr;a posted or appointed by it in the smia, xffCW'i a2 16 ?ltW CfoverrimcRt. (e) The Exdw Councii shd be collectively responsibk to the General Council. Term ofOffbk,& . 24. A lpunbu of the Executive Couacil shall hqtd e: .,,,.et3, .i the e*nrrthrc"'. , . . .?ffici untii -lte;- , - :, f.iih i>;i2;t Council .. . ti') ceases to be; a -& of the General .,.;.AL,<,y.: ,ic Council, or . . (2) resigns his &ce idwrit& un& his hand . addresspg@tpRht f&kf Executive Councilor in which case the resignation shall take effect bin the date of acceptme thereof: Provw that in case of the Chief Executive Councilor, the resignation shall be Powers .ad 2S. (I) The executive powers of the General Council Functions of tee shall vest in the Executive Council. 1 v ' Executive (2) MI prdus w ~ruclions made or executed by I Could the Executive Council shall be deemed to have 1- * been made or executed by or under the authority of the heenera1 Council. I ; I rc.l1-33(3'1 Evarv order made or instntction issued or . , 1741 - ~t~ IJ,~ m&tion prtssed isy the ~one~al council SM be authentic@& bv tbt sipnature of the Chief Executive Council&, or in his absence, by any one of the ExWve Councilors. Geaeral Powerr 26. (1) The Chief Exedvc Councilor shall be the oftha Chief. a lo ik,-, Chief of the MWak Autonomous Council and Jhscutive mr:t shall exercisc such powers and discharge such Councilor ,a d;iw ; functions as are confmd on him by or under 4? W.I. this Act or the rules made there under. .-,,i3 ,+ b,j,,,@X Whenever.@ Chiefhecutivc Councilor takes - ! . ! , any action ,& 'sub-section (1) above, he ' ~. . :& iu ttsdnn &dl infm tke &wutiv.e Coud forthwith and shall obtain the apprgyd thewof. Dhqwlifkation for memknbip or Gcacrrf Colld (3) The Camsr'rwian thall, a the time mu4 in the -i=d=t muse to Be published cRe , electoral roll in rcspacr of P consti-. (4) No pem-ml- MI vate in the same ~i~y ppo than once. 36. A person shall not be qualified for being elected to the Gcneial Council, if- (a) he ism a citizen of India; (b) he is less thrn 18 years of age on such dale as may be fixed by the Gowmment; or . , @*%c.:, 3 :- ...*$#.%i ':~&v;ipep pq:rsa shall be deemed to ~ct NO. be 'so diiified. by ,ma only gf his having a ?:$ '& ., , ; 2038 "I1 IE ASSAM GAWTI'E, RXl'RnOaDINAKY, OXmUliK 19, 2029 - -- Vdidatbp: 38. W&e tke ~~SRWS dected at an election are restrained fi functioning on account of the deairm as a wkale Being set aside by order of a court, mything done or by htion taken by such members beh by me w restrained or before bbceuion issocet~arthecasemay be, shall be deemed to have bccn validly done or taken. TheilctmasafaU~~to theknrl Council ohall bt published by the Commission in the Official Gazcne and upon such publica:'on. the M Cubdl &&I be decmed to haw been duly &rated. .+?= @&@~r.r.xpl.. ';r .- -& q&&**. V.at&nofpo& 40. If ane ma r is &&%%f&%% Member of Parliament or the State Legislature, then at the expiration of fourteen days from the date of - - publication in the Gazette of India or the Official >J ;$'a r .', LC:> Oszcm, as the mse may be, of the declaration that 7. he been so chcrsan the seat of such member in tr- . .- the Gend Councrf, shall become vacant unless . he has previousty resigned his sent in the Parliament or the State Legislature. Diutea '41. (1) No election &dl be called in question except wag by w election petition pasented in such manner e!M!@? - x may be pmeribed and befm such authority as .. may be appointed by the Government, from time i2 rqsior : "-"to .,. time by notification in the Official Gazette: Rovided that no pon below the rank of .& ;>A District Judge, within fie meaning of Ankle 236 'g, *. of the Consthation, slmll be appointed for the % PP"=. (2) No etecth shaU be called in question except on any one or more of the following grounds. namely:- (3 7Iw an the date of his election the retd adidate was not qualified or d -rv diiqudified, to be chosen to fin the seat in thc €3mcfd Cormcit, us the case may be. ' ' -'-..- (b) That camrpr pcrrctice b been committed ;* %7iltra..i 1 %d by , &&on agent - fk~~t-a+') b ol By my othar pa~~i WB the consent of the @idate or his el&m agent. x: -.i L .. -mi ~ L. For the purpe& at &is -elawe, 60rrupt practice Central :%. 5i: . ahall meanany af ths ixmupt practice specified in Act 43 of .section 123 of the Kepmmtat~ of Peoples Act, 1951 1951 other than his election agent, or Powm to make 42. The Government .may, by notification in the rulor regulrtilq Official Ci make rules to regulate all or any the ckdion of tbc of the folkwing maws, for he purpose of merabm holding election to tfie Genertil Council under this * Act:- is # 2 (a) The Thedeafgnation af the officer m authority to whom the power to determine the territorial 3dl Cl 5: 1 i limits of the mtifumcies under section 30 i? K!t, may be delegated, and maintain the electoral ' roll under section 32. Id ?IT, (b) Zhe appaiatmcnt of returning officers, presiding officers and Polling OfXcers for Election. ,. ' : ;: , (c) The drawing up of programme for election. G;!4r'.9,rl~l (d) The nomin&km of candidates and securitv of nominations, (e) The deposits to be made by the candidates and the time and manner of making such deposits, (f) Withdrawal of Candidature. (g) Appointment of agents of candidates. (h) The filling up of casual vaclmcies. (i) The general procedure at the election including the time, place and hours of poll and the methods by which votes shall be cast. (j) The fee to be paid on election petition. (k) Any other mtter relating to election or election disputes in respect of which the , Government deems it necessary to make rules under this section or in respect of which there is no provisian in this Act or the provision is imufMmi ond in the opinion of ;hc Go- adequate prsvision is necessary. sir' CHAPTER - V1 PUNbS, AUDIT AND BUDGET Cenenl Council 43. (1) Thm shall be a fund called General Council hnd Rna SubJedt to t& ,p"irsiqw of the Coiiipir~ller and Central Auditor General's (Duties, Power and Conditions Act Nd. ef Smticci). Az!, I:@'? land zhc des mil the & d by the ms tstlh3 swh -8: (U it mq deem fit. The Government sball transmit the repoft to the Genepal -fk cYw & Wsdenttion. ThaOcnd~ts?ttiI1.aramrmthe~ntothw Govcrrmwnt ' wSth conMFBMs, if any. The . ' Government sh.n lay ut@-rog)ort along with the cv of the Ciend Council and the Village Councils +fore the stde lqgislature. . . Budge4 4% (I) The Qhnersl~Cmfl shall at such time and in gUCh manner rs may be prescribed prepare in -., i b.., :? - ~. , . , .at& Rnaneiel year wbudget of its estimated , . . .. . mcsQXs and dis ents for the following , . findel yt&r d- it to the Government I by 1st No~&~~-tkc.etl~~nt financial year. - ... . .. 1, '.@j m.&- may *in time & ""f.~?z:a -, , :. .: , ,. ~ . t& budgel or k"'$~?:> , , .. . -#?-3 . . ral Cqicil concerned, as the - &,$ &$ fa on the !'>!l;":.J v. !i. . , I I, . obskations of th6 Govmbment, if any. The ' 81 . ~. O& Cauacn tht &&%mad, shall there-upon . , with its comments ... : , on the obser*gtii% >upon kid ;rwch if the approval of the . . . .. <: . . .. ~. submission or ,. .: ,. ., ., , nsubmissi~."~~thd C& may be, is not : .~ . L, . micei.v& by be &&mi Council, the budgct '' shall be deemed to hpw%een approvcd by the 8 ,; -7, ' . , , ., !., . , 1 Govwntllent. - -. . d. (3) No expenditwe shall be incurred unless the .'..I- .. , budget of the General council are either .. ,.:, approved or deemed to have been approved by the Government. Powertohe $6. The Govc-mmeRt Ml haw tire general power to ia~truh ' issue in- frrm time to time for the + purpose of irdptcdti'inattion of thfs Act. (a) di . ,+Mic buiiw coRStructed or &nt&d otet 0f.h hl Council Fund; ($) &- ,$&lie marls-. which -have been . . ned out of the - - - & .- - - T and stones and other also trees, erections, and things prcrvidcd 49. (1) The Goymm my, ifhe is satisfied, on receipt of a rrport at. .&r wise ad in sonsultation of the Cmil Am #n epardmm with the pnwisiom '&-the law 2" .the time being in id instructions from time to time, Gazette. dissolve @ CkgmrU C-& the Executive Counoil bfye $te @&$ of Ptg lam and assume to himself ad 'hi- dftlii pbwk rmd fUnctions of the Gmaql mi tfre Executive Council end &lare. *.. powers and functions shall be Maciad. by such persons or authority as he may specify in this behalf for a period sot cxWi Six months at a time. (2) Every rider arede under sub-section (I) above k W WQB the State Legislatun for approvrd d- @nlb(idi approved by the State . . issue of the om (3) The cu~tomasy raws and ptocedwes of rhe bt& Community. Mtatbers, Sii. Tkc Chbf E'xcawtivc C@n&%it& end the Executive Central Otlirrrr.Ird Cmmeikmi o be public servants Act No. mpbycbltob witkhrthe on 21 of the Indian 45 of ptl-m P~~ IlW. 1860 1-=w 54. NoJuitor~kgd shall lie against the GGnarrd Ccn&1 or the Executive Council or any manbar, or office or employee thereof for &3:t-&J &*I. m@ing dose in pod faith or intended to be done Y& -?".I; ;- : k prrswurce of &is Act or any rules or bye-law .m?....rl..- - c made thon uirder. Inttrpretptios 55. If any question lirises M .ta iht int~~pretation of this hct or the hcks made thereunder, the same shall be nfknwl to the Government whose dcscIsian tk&n shall be final. Removal of 56. If any diffidty arises in giving effed to any dimeultiw provision of thii Act, the Governrncnt may, by - -. - ,.., ~.~~- - .. . , , , . ~ ~.~ , .. , : . . : -. . I' 1. .- :> ..K! >.; :: .,;;::>h-.;:,. ~+ > . . S. ICIE~~~YAR LSARUAII, CoPIlrmrsaaaer & SeQetray to the Gov~~nent ofAssam, kgdatiw DeQartment, Dispur, Guwahati-6. Guwahot : PriutcdRinted Pubpublished bythcDircdorL~teof Printing& Stationery.I\ssam. Ci-21. Exaaordi~Gaz&No. 885 -400+ 10- 19- 10-2020. (visit a1 dpnsassungov.in)