The Deori Autonomous Council (Amendment) Act, 2005

Registered No. -768/97
S
THE ASSAM GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
194 17 C T ’, 2005, 27 1927 (*RQ
No. 194 Dispur, T uesday, 17th M ay, 2005, 27thVaisakha, 1927 (S.E.)
GOVERNMENT OF ASSAM
ORDERS BY THE GOVERNOR
LAGISLATIVE DEPARTMENT ::: LEGISLATIVE BRANCH
NOTIFICATION
The 11th May, 2005
No. LGL. 33/2005/40 —The following Act of the Assam Legislative Assembly which 
received the assent of the G overnor is hereby published for general inform ation.
ASSAM ACT NO. XXV OF 2005
( Received the assent of the G overnor 8th May, 2005)
THE DEORI AUTONOMOUS COUNCIL ACT, 2005
AN
ACT
to provide for the establishment of an administrative 
authority in the name and style of Deori Autonomous Council and 
for certain matters incidental thereto and connected therewith.
Preamble. Whereas it is expedient to provide for the
establishment of a Deori 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 Deori and other Scheduled Tribes population 
without having any compact area for social, economic, educational, 
ethnic and cultural advancement of the Deori and other Scheduled 
Tribes communities residing therein.
It is hereby enacted in the Fifty-sixth Year of the Republic of 
India, as follows:-

1596 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005
CHAPTER-!
PRELIMINARY
Short title, extent  
and 
commencement
Definitions.
1. (1) This Act may be called the Deori Autonomous 
Council Act, 2005.
(2). It extends to the whole of the state of Assam.
3). It shall come into force on such date as the State 
Government may, by notification in the Official 
Gazette, appoint and different dates may be 
appointed for different provisions of the Act or 
different areas.
(2) In this Act, unless the context otherwise 
requires, -
(a) ' bye-law’ means the bye-law framed by 
the General Council;
(b) ‘Constitution’ means, the Constitution of 
India;
(c) ‘ Constituency' means, a constituency 
referred to in section 48 ;
(d) 'Council Area’ means the Deori 
Autonomous Council Area ;
(dd) “ Core Areas’ means the compact and 
contiguous areas predominantly inhabited by 
Deori community and having more than 50% 
Scheduled Tribes populations as a whole in 
the area and not necessarily in the individual 
villages.
(e) 1 Executive Council’ means the 
executive body of the General Council 
of the Deori Autonomous Council 
constituted under section 3 (3) and 24 ;
(f) ‘ Elector’ in relation to a constituency 
means a person whose name is entered 
in the electoral roll of that constituency ;
(g) ‘ General Council Fund’ and ‘ Village 
Council Fund’ means the funds 
constituted under section 61;
(h) ‘ Government’ means the State
Government of Assam;
(i) ‘Governor’ means the Governor of 
Assam ;
(j) ‘General Council ‘ means the General 
Council of the Deori Autonomous 
Council referred to in sectiqn 3 ;
(k) ‘Gaon Panchayat’,'Anchalik Panchayat’
Assam 
Act XVIII 
of 1994
 
 
 
 
THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005 1597
Deori 
Autonomous 
Council.
Village Council
and ‘Zila Parishad' have the same 
meaning defined in the Assam 
Panchayat Act, 1994 ;
(l) ‘Member’ means a member of the Assam 
Village Council or the General Council Act XV of  
or the Executive Council, as the case 1957
may be ;
(m) ‘Municipality’ has the same meaning as 
in the Assam Municipal Act, 1956;
(n) ‘Notification’ means the notification 
issued under this A c t;
(o) ‘Official Gazette’ means the Official 
Gazette of Assam ;
(p) 'prescribed' means prescribed by rules 
made under this A c t;
(q) 'Satellite area’ means the area or areas 
consisting of non contiguous cluster of 
villages predominantly inhabited by 
Deori community and having more than 
50% Schedule Tribes population as a 
whole in the cluster and not necessarily 
in the individual villages;
(r) ‘ Village Council’ means the Village 
Councils referred to in section 4 ; and
(s) ‘Village Council Area’ means the area 
declared to be the area of a Village 
Council by the Government by 
notification in the Official Gazette.
3. (1) There shall be an autonomous council to be called the
Deori Autonomous 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 Deori Autonomous Council shall have maximum 
autonomy within the frame work of the Constitution.
(3) The Deori 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 Scheduled 
Tribe population.
(2) Each Village Council area shall consist of 
approximately 3000 to 5000 population.
(3) Each Village Council shall consist of 10 (Ten) elected 
members out of which 5 (Five) will be form 
Scheduled Tribe community. Out of 5 (Five) reserved 
seats 1  (One) shall be reserved for a women 
member.
 
 
 
1598 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005
Incorporation of  
the General 
Council
Constitution of  
the General 
Council.
Term of Office
CHAPTER-!!
THE GENERAL COUNCIL
5. The General Council shall be a body corporate having 
perpetual succession and a 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 20 (Twenty)
elected members out of which 2 (Two) members 
shall be nominated by the Government of Assam to 
give representation to those group / communities of 
the council area which are not other wise 
represented in it Out of 18 (Eighteen) seats, 14 
(Fourteen) seats shall be reserved for scheduled 
tribes and 3 (Three) seats shall be for women.
(2) The Members of Parliament and the members of the 
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 Chairman;
(ii) One member to be the Deputy Chairman;
(iii) One Chief Executive Councilor of the Executive 
Council;
(iv) One Deputy Chief 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 of 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 election of the members, 
unless dissolved earlier under section 68.
(2) Notwithstanding anything contained in sub-section(l) 
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

THE ASSAM GAZETTE, EXTRAORDINARY, MAY .1 7 , 2005 1599
Resignation of  
members of the  
General Council.
Removal of  
Members of  
General Council.
(1),  the Governor may, if he is satisfied that 
circumstances so 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 may, at any time, 
by giving notice in writing addressed to the Chief 
Executive Councilor, resign his office;
Provided that in case of the 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 Councilor or the Executive 
Councilors 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 exceeding six months, 
or
(b) incurs any of the disqualification’s mentioned in 
section 54 after his election as member of the 
General Council, or
(c) is absent from three consecutive meetings of the 
General Council.
(3) Any member of the General Council who is removed 
from the office under’sub-section (2) above, may 
within thirty days from the date of the order, appeal 
to such Judicial Authority as the Government may 
prescribe and the authority so prescribed after 
admitting an appeal may, after complying with the 
normal and fundamental principles of judicial 
proceedings, pass such order or orders either 
confirming or modifying or setting aside the order
 
 
 
 
1600 THE ASSAM GAZETTE. EXTRAORDINARY, MAY 17, 2005
Salaries, 
allowances and 
other emoluments
Filling up of 
Vacancies.
Powers, 
functions and 
duties of the 
Chief Executive  
Councilor
appealed against and pending the final disposal of 
the appeal may pass such other Interlocutory order 
or orders Including stay of operation of the order 
appealed against.
(4) The order, passed, by the Judicial Authority referred 
to in sub-section(3) above, on such appeal shall be 
final.
10. (1)The Chief Executive Councilor and the Executive
Councilors shall be whole time functionaries and 
shall be paid out of the General Council Fund such 
salaries and allowances as may be prescribed.
(2) The other term and conditions of service of the Chief 
Executive Councilor and the Executive Councilors 
shall be such as may be 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 accordance with the provisions of this Act and 
the rules framed there under:
Provided that any vacancy in the office of the Chief 
Executive Councilor or the Executive Councilors 
shall be filled up by the General Council by electing 
a member thereof in the manner prescribed for the 
election of the Chief Executive Councilor or the 
Executive Councilors, as the case may be.
(2) Any member elected in accordance with the 
provisions of sub-section (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 Councilor shall -
(a) be responsible for the maintenance of the records of the 
General Council:
(b) have general responsibility for the financial and 
executive administration of the General Council;
(c) exercise administrative supervision and control over the 
officers and employees of the General Council and the 
officers and employees whose services may be placed 
at the disposal of the General Council by the 
Government;
(d) for transaction of business under this Act or for the 
purpose of making any order under this Act, exercise 
such powers, perform such functions and discharge 
such duties as may be exercised, performed or 
discharged by the General Council under this Act or the
 
 
 
 
 
 
 
THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 200s 1601
Meeting of the  
General Council.
Oath of 
affirmation by 
members.
Quorum.
Headquarter of the 
General Council.
Secretariat of the
Deori
Autonomous 
Council.
rules made thereunder;
Provided that the Chief Executive Councilor 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 Council at a meeting ;
(e) exercise such other powers, perform such other duties 
as the General Council may , by general or special 
resolution, direct or as the Government may, by rules 
made in this behalf, prescribe.
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 Deori 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 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 
behalf an oath or affirmation in the manner and forms 
as may be prescribed.
15. The quorum necessary for transaction of business at a
meeting of the General 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 notification in the official
Gazette, declare any place within the Council Area 
to be the Head Quarter of the General Council.
17. (1) There shall be a secretariat for the Deori
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 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
 
 
 
 
 
1602 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005
the consent of the Chief Executive Councilor or any 
other person presiding over such meeting for the 
time being, as the case may be, at any time make a 
statement or give explanation of the facts and 
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.
(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 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, determine.
(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 Ciass-ll 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 Confidential Reports by 
the Government.
(10) .  Notwithstanding anything contained in sub-section
(5) above, the Government may, at any time in 
consultation with the Chief Executive Councilor, 
withdraw the Principal Secretary or any other officer 
posted or appointed by it in the Secretariat.

THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005 1603
CHAPTER-III
POWERS AND FUNCTIONS OF THE GENERAL COUNNCIL
Subjects to be 
under 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
1.1. Cottage Industry,
2. Animal Husbandry and Veterinary,
3. Forest other than Reserved Forest,
4. Agriculture,
5. Rural Roads and Bridges,
6. Sericulture,
7. Education,
(a) Adult Education,
(b) Primary Education,
(c) Up to Higher Secondary including Vocational 
Training,
8. Cultural Affairs,
9. Soil Conservation,
10. Co-Operation,
11. Fisheries,
12. Panchayat & Rural Development,
13. Handloom and Textile,
14. Public health Engineering -  Drinking Water,
15. Minor Irrigation,
16. Social Welfare,
17. Flood Control schemes 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,

1604 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005
25. Publicity and Public Relation,
26. Tourism,
27. Transport,
28. Any other matter connected with development,
29. Municipal Board, Improvement Trust, District of Boards 
and other local-self Government of Village 
Administration,
30. Tribal Welfare,
31. Market and Fair,
32. Lotteries, Theatres, Dramatic performances and 
Cinema,
33. Vital Statistics including registration of birth and deaths,
34. Food and Civil Supplies.
taxes as are payable under the law for time being in 
force in the manner as may be prescribed;
Other matters to 
b© under the
19. Subject to the general policy of the Government,  the 
General Council shall -
control and 
administration of (< ) formulate integrated development plans for the 
Council Area ;the General
Council (») implement schemes and programs for the 
development of the Council Area ;
(iii) have powers to appoint Class-Ill 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 
laws including issue of permit or licenses to 
individuals within the Council Area ;
M guide customs and traditions and social justice of 
the Deori community according to the traditional 
laws;
(vi) Organize special recruitment drive into Army, Navy, 
and other para-military forces, Police Forces and 
other Central Government establishment for 
appointments of the persons belong to the Deori 
community;
(vii) Allot permits for trade and commerce to the people 
residing in the Council Area preference being given 
to the Deori Community.
Powers to 20 (1). Subject to the provisions of any other law for the
impose, levy and time being in force, the General Council shall have
collect taxes. the powers to collect within the Council Area such

THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005 10U5
Power to entrust  
functions.
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 i t ;
(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 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 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 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 imposition thereof shall be 
such as may be prescribed by the bye-laws. Such 
bye-laws may, interalia, provide for exemption from 
all or any class of cases.
(5) The General Council may levy fees or taxes on any 
or all the subjects assigned to the Village Council.
21. Notwithstanding anything contained in this Act, the 
Government may, in consultation with the General
 
1606 THE ASSAM GAZETTE, EXTRAORDINARYMAY 17, 2005
Power to acquire,  
hold and dispose  
of property.
Power to make
bye-laws
Council, entrust either conditionally or without any 
condition, to the General Council 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 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 any 
contract or agreement with any party or authority.
23. (1) The Genera! 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 18,19,43 and 44 for regulation, control 
and administration thereof.
(2) All bye-laws made under sub-section (1) above, 
shall have effect upon their publication in the 
Official Gazette.
 
 
THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005 1607
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 Executive Councilors 
elected in accordance with the provisions of sub­
section (4) of section 6.
(2) The Chief Executive Councilor shall be the 
Chairman of the Executive Council and shall 
preside over the meetings thereof.
(3) Any casual vacancy among the members of the 
Executive Council occurring 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 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 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
 
 
 
 
 
 
1608 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 i
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.
27. (1) The Chief Executive Councilor shall be the Chief of
the Deori 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 iri 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 Act or the rules made 
thereunder or any other law for the time being in 
force, any action subject to the approval of the 
Executive Council by a general or special resolution, 
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 Executive 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 shall meet at least once in
every three months for transaction of its business at 
such place and time as the Chief Executive Councilor 
may direct.
(2) The meeting shall be convened by the Chief 
Executive Councilor 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 Councilor.
 
 
 
 
 
 
 
 
THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005 1609
Incorporation 
of the village 
council.
Constitution of  
the village 
Council.
Term of Office.
Resignation of  
members of  
the Village 
Council.
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 Deori 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 election, elect from among 
themselves, in 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 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 election 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, extend 
the term for a period not exceeding one year.
(2) Notwithstanding anything contained in sub-section (1) 
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 (1) 
or sub-section (2) above, the 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:
Provided that in case of the President the notice shall 
be addressed to the Vice -President.

1610 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.
(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.
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 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 exceeding six months ; or
(b) incurs any of the disqualification’s mentioned, in 
section 54 after his election as member of the Village 
Council; or
(c) is absent from three consecutive meetings of the 
Village Council.
(3) Any members of the Village Council who is removed 
from the office under sub-section (2) above may, within 
thirty days from the date of the order, appeal to such 
judicial Authority as the Government may prescribe and 
the authority so prescribed after admitting an appeal 
may, after complying with the normal and fundamental 
principles of judicial proceedings, pass such order or 
orders either confirming or modifying or setting aside 
the order appealed against and pending the final 
disposal of the appeal, may pass such other 
interlocutory order or orders including stay of operation 
of the order appealed against.
(4) The order passed by the Judicial authority referred to in 
sub-section ( 3) above, on such appeal shall be final.
36. Any vacancy in the office of the President or Vice 
president, by reason of death, 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 Council in the same manner as 
has been provided in section 32 for the election of the 
President or the Vice President, as the case may be.

THE ASSAM GAZETTE, EXTRAORDINARY, MAY 1 7 , 2 0 0 5 1 6 1 !
Salaries, 
allowances and  
other 
emoluments.
Powers, 
functions and  
duties of the  
President and  
Vice President.
Meeting of the  
Village 
Council.
Oath or 
affirmation.
Quorum.
Office of the
Village 
Council.
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.
38. (1) The President of the Village Council shall be 
responsible for the maintenance of records of the Village 
Council, for the administrative control and supervision of all 
officers and employees in the Village Council.
(2) The President shall exercise such pow er,  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 of the functions and 
discharge such of the duties of the President as the President 
may, from time to time subject to the rules if any made in this 
behalf by the Government, delegate to him in writing.
(4) Notwithstanding anything 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 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 Councii 
after the election shall be held on such date and time as may 
be appointed by the Government.
40. Every member of the Village Council shall, before taking 
his seat, make and subscribe, before such person as may be 
appointed by the Governor in this behaif, an oath or 
affirmation in the manner and form as may be prescribed.
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 determined by the Village Council with the 
approval of the Government.
 
 
 
 
 
 
 
 
 
 
 
1612 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005
(2) The Government shall, in consultation 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 
direction 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 the meetings of the Village Council or any 
Committee of the Village Council and may, with the consent of 
the President 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.
(5) The Government may, in consultation 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, form time to time, post such 
other officers or staff as may be required so as to meet the 
exigencies but while making such posting due regard may be 
given to the views of the Village Council.
(7) All officers and staff posted in the Village Council 
office, shall be accountable to the Village Council for their 
performances and assessment of their works recorded by the 
Village Council shall be incorporated in their Annual 
Confidential Reports by the Government.
(8) Notwithstanding anything contained in any of the 
foregoing sub-section, the Government may, at any time, in 
consultation with the President, withdraw the Secretary or any 
other officer of staff posted or appointed by it in the office of the 
Village Council.

THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005 1613
CHAPTER-VI
POWERS AND FUNCTIONS OF THE VILLAGE COUNCIL.
Subjects to be  
under the 
control and 
administration of  
the Village 
Council.
43. Notwithstanding anything contained in any other law or 
rules for the time being in force, Village Council shall have 
the executive power in relation to the 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 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 Dharamsalas and
 
 
 
 
 
1 6 1 4 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 1 7 , 2 0 0 5
Other matters to  
be under the 
control and 
administration of  
the village 
council.
Power to impose  
levy and collect  
taxes.
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, t
28. Maintenance and regulation of manure,
29. Such other functions as may be 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 -  z
(i) formulate integrated development plans for the 
Village Council Areas,
(ii) implement schemes and programmes for the 
development of the Village Council Area,
(iii) have powers to appoint Class-Ill 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 licenses to 
individuals within the Village Council Area.
(v) guide customs and traditions and social justice of 
Deori 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 Deori Community.
45. (1) Subject to the provisions of any other laws for the 
time being in force and subject to the previous approval of 
the General Council, the Village Council shall have the 
power to collect within the Village Council Area such taxes 
as are payable under the law for the time being in force in 
the manner as may be prescribed :
Provided that 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 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
 
 
 
 
 
 
 
THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005 1615
Power to entrust  
functions.
Power to 
acquire, hold 
and dispose of  
property.
(b) levy the following fees and rates namely -
(I) fees on the registration of boats or vehicles ;
(ii) fees for providing sanitary arrangements as such 
places or worships, pilgrimage, fairs, melas or other 
public 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 arrangements for irrigation or 
drinking water is made by it within the Village 
Council A rea;
(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 provision 
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 exemption 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 without any condition to the 
Village Council or its officers any functions in relation to any 
matter not enumerated in Section 43 to which the executive 
power of the Government extends.
47. Notwithstanding anything contained in Section-3, the 
Village 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 and dispose of any immovable property or 
movable property the value of which exceeds rupees fifty 
thousand and to enter into any agreement or contract with 
any party or authority.
 
 
 
 
1616 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005
Delimitation.
Power to 
amend or alter 
delimitation.
Electoral roils.
Right to vote.
CHAPIER^VII
ELECTION
48. (1). There shall be 10 (ten) constituencies in a Village 
Council Area for electing members to the Village Council. 
Each such constituency shall be a single member 
constituency and shall be territorial.
(2) .  There shall be 26 (twenty six) constituencies covering 
the Council Area for electing members 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 Area 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 process.
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 
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 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 eiection of members of the Village Council or 
the General Council, as the case may 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. (1 ) 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.

I
THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005 1617
Election of 
members.
Qualification 
for member 
ship of village 
council or 
General 
Council.
Disqualificatio 
n for member­
ship of Village 
Council or 
General 
Council.
(2) No person shall vote at an election in any Central 
constituency, if he is subject to any of the A c t 4 3  
disqualification referred to in Section 10 of the ’ 
Representation of Peoples Act, 1951. of 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 of 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 section 60 and the first election for the 
purpose of constituting the General Council and the Village 
Council shall be held on such date or dates as the 
Government may direct in consultation with the interim Deori 
Executive Council referred to in section 80.
53. A person shall be 

Excerpt shown. Open the full act in Lexace.

‹ Prev All Assam acts Next ›