The Tripura Tribal Areas Autonomous District Council Act, 1979
Tripura · state statute
Open in Lexace · Ask the AI about this act~
,t Tripura Act No. 12 of 1979..,
i' The Tripura Tribal Areas Autonomous
~ District Council Act, 1979.
PUBLISHEDIN THE c-
EXTRAORDINARYISSUEOFTRIPURA GAZETTE
Agartala, Wednesday, August 8, 1979 A. D.
Sravana 17, 1901 S. E.
GOVERNMENT OF TRIPURA
LAW DEPARTMENT
NO. F. 2(3)-Law/Leg/79 AGARTALA, the 7th August, 1979.
The following Act of the Tripura Legislative Assembly received assent
of the President on the 20th July, 1979 and is hereby published for general
information.
Tripura Act No. 12 of 1979.
THE TRIPURA TRIBAL AREAS AUTONOMOUS
DISTRICT COUNCIL ACT, 1979
An
Act
to provide for establishment of an Autonomous District Council for
tribal areas in the State of Tripura for the purpose of self-government
by the Tribals in such areas.
te it enacted by the Legislative Assembly of Tripura in the
Thirtieth Year of the Republic of India as follows :-
CHAPTER I
PRELIMINARY
Short title,
extent and
commencement.
Definitions.
-
2
1. (1) This Act may be called the Tripura Tribal
Areas Autonomous District Council Act, 1979.
(2) It extends to the whole of the State of
Tripura.
(3) This Act shall come into force on such date
as may be specified by the State Government by noti-
fication published in the Official Gazette.
2. In this Act, unless the context otherwise
requires,-
(a) "Autonomous District" means the terri-
tory comprising the tribal areas specified
in the First Schedule appended to this Act
and shall not mean a separate district or a
revenue district;
(b) "Constituency" means a District Council
Constituency provided for by order made under
section 6 of this Act for the purpose of election
to the District Council;
(c) "Council" means the District Council;
(d) "District Council" means the District Council
established for the autonomous district
under section 4 of this Act;
(e) "Official Gazette" means gazette published by
the Government of Tripura ;
(f) "Government" means the State Government
of Tripura;
(g) "Scheduled Tribes" means such tribes as are
specified by order made by the President
under Article 342 (1) of the Constitution as
modified by law made by the Parliament from
time to time, in so far as the specification
pertains to the State of Tripura ;
(h) "Tribal Areas" means the areas comprised
in the First Schedule appended to this Act ;
Constitution
of autonomous
District.
Incorporation
of District
Council.
3
(i) "prescribed" means prescribed by the rules
framed under this Act;
(j) "District Fund" means the district fund consti-
tuted under section 30 of this Act;
(k) "Executive Committee" means the Executive
Committee of the District Council constituted
under this Act;
(1) "Election" includes general election and elec-
tion to fill a seat or seats in the District
Council ;
(m) "Elector" in relation to a constituency means
a person whose name is entered in the electo-
ral roll of that constituency for the time being
inforce according to this Act ;
(n) "Member" means a member of the District
Council.
CHAPTER-I!
CONSTITUTION OF THE AUTONOMOUS DISTRICT
COUNCIL
3. (1) As soon as may be after the commencement
of this Act the State Government shall, by notification
in the Official Gazette, appoint in this behalf, a date on
and from which there shall be an autonomous district
comprising the tribal areas specified in the First Sche-
dule appended to this Act.
(2) The State Government may, by order notified
in the Official Gazette-
(a) include any other area into the said district;
(b) exclude any area from the said district;
(c) re-define the boundary of the said district:
Provided that no order under sub-section (2) shall
be made except after consultation with the District
Council for the autonomous district:
Provided further that any order made under sub-
section (2) may contain such incidental and conse-
quential provisions as appear to the State Government
to be necessary for giving effect to the provisions of the
order.
4. (1) There shall be a District Council for the
Autonomous District which shall exercise powers and
functions as specified in Chapter III of this Act.
(2) The District Council shall be a body cor-
porate by name of "the District Council (name of the
Constitution
and composition
of District
Council.
•
Delimitation
of constitu-
encies.
Power to alter
or amend deli-
mitation order.
Qualification
for membership
of District
Council.
Disqualification
of membership.
Election and
electoral rolls.
4
District)" and shall have perpetual succession ana
a common seal with power to acquire, hold and dis-
pose of property and may by the said name sue and
b~ sued.
5. The District Council shall consist of 28 mem-
bers who shall be elected on the basis of adult
suffrage from territorial constituencies all of which
shall be single member constituency:
Provided that not less than three-fourths of the
membership of territorial constituencies shall be
reserved for Scheduled Tribes .
6. (1) The Constituencies for election to the dis-
trict council for Autonomous District shall be territo-
rial.
(2) The State Government shall, by order noti-
fied in the official gazette, determine the territorial
limits of constituencies into which the autonomous
district shall be delimited for the purpose of election
of members to the District Council and in such noti-
fication shall specify the constituencies to be reserved
for Scheduled Tribes.
7. The State Government may, from time to time,
by order published in the Official Gazette, alter or
amend any order made under section 6.
8. A person shall not be qualified to be chosen
as a member of a District Council of an autonomous
district unless he is an elector from any constituency
within the autonomous district.
9. (1) A person shall be disqualified for being
chosen as or for being a member of the District Coun-
cil if he is for the time being disqualified or becomes
disqualified for being chosen as a member of either
House of Parliament or holds any office of profit under
the Central or State Government or the District Coun-
cil.
(2) For the purpose of this section a person
shall not be deemed to hold an office of profit under
the District Council by reason only of his being a
member, Chairman or Vice-Chairman thereof.
10. (1) So much of the electoral roll of any
Assembly constituency for the time being inforce as
relates to the area comprised within the autonomous
district shall, subject to the provisions of this Act
and the rules made thereunder, be the electoral roll
for the election of members of the District Council.
ral Election
District'I.
5
(2) So much of the electoral roll for any
Assembly constituency for the time being inforce as
relates to the area comprised within a constituency
formed under section 6 of this Act shall, subject to •.
the provisions of this Act and the rules made there-
under, be electoral roll for the election of members
of the District Council from that constituency,
(3) The State Government shall at the time and
in the manner prescribed, cause to be published and
republished the electoral roll in respect of a consti-
tuency of the autonomous district.
(4) Save as otherwise provided in this Act,
every person whose name is, for the time belng,
entered in the electoral roll of a constituency shall be
entitled to vote at the election of a member of the Dis-
trict Council from that constituency,
11. Every person shall have the right to cast one
vote and no more to anyone candidate at an election.
12. Election of members of the District Council
shall be held in accordance with the rules made under
section 18 by notification in the Official Gazette.
13. (1) General election of members of the District
Council shall ordinarily take place before the expira-
tion of the term of office of the members of the Coun-
cil as specified in section 17 or in case of earlier
dissolution soon after such dissolution, on such day or
days as the State Government may fix.
(2) The first general election of members of the
District Council shall be held under the provisions of
this Act and Rules framed thereunder at such time
as the State Government may decide.
(3) The State Government may issue such
orders as it may consider necessary or expedient to
give effect to the provisions of this Act in regard to
the holding of the first general election referred to in
sub-section (1) and in regard to any-matter incidental
and ancillary thereto.
(4) Elections and appointments in respect of
casual vacancies shall be held and made at such other
times as may be prescribed in accordance with the
provisions of this Act. ./
(5) (a) If, for any reason, the general election
of the members of the District Council
cannot be held within the period refer-
red to in this section; or
(b) If a general election is set aside by a
Court otherwise than under the provi-
sions of this Act:
r
Validation.
Publication
of results
of elections.
6
then the State Government shall fix date for holding
a general election or a fresh general election, as the
case may be.
14. (1) Where the members elected at a general
election are restrained from functioning if the elec-
tion as a whole is set aside by order of a Court, any-
thing done or any action taken by the said members
before they are so restrained or before the election is
so set aside, as the case may be, shall be deemed to
have been validly done or taken.
(2) Where the members have continued in
office after the expiry of the term referred to in sec-
tion 17 on account of-
(a) a general election not having taken place
within the time referred to in that section;
or
(b) a general election having been set aside
before the assumption of office by the newly
elected members; or
(c) the members elected at a general election
not having been able to assume office for
any reason,
then notwithstanding anything contained in this Act
or in any judgement, decree or order of any Court-
(i) the members so continuing shall be deemed
to be and to have been validly continuing
in office; and
(ii) anything done or any action taken by such
member shall be deemed to be and to have
been validly done or taken.
(3) The members continuing in office under the
provisions of sub-section (2) shall continue to hold
office until the first meeting of the members, elected
at a general election, at which a quorum is present.
15. The names of all persons elected to be mem-
bers of the District Council shall be published by the
State Government in the Official Gazette and upon
such publication being made the Council shall be
deemed to be duly constituted.
ling
the
l&;;aUl1D of
ral
ec-
ny-
ers
is
to
of office
bers.
in
re-
ce
e
y
n
u
g
7
16. If a person is chosen a member of the Parlia-
ment or the State Legislature and District Council,
then, at the expiration of 14 days from the date of
publication in the Gazette of India or in the official
Gazette of the declaration that he has been so chosen r-
or if such publications have been made on different
dates, then within 10 days from the later of such date,
that person's seat in the District Council shall become
vacant unless he has previously resigned his seat in
the Parliament or the State Legislature as the case
may be. •
17. The elected members of the District Council
shall hold office for a term of 5 years from the date
appointed for the first meeting of the Council after
the election to the Council, unless the District Council
is sooner dissolved under section 50 of this Act:
Provided that the said period of 5 years may, if
the circumstances exist which, in the opinion of the
State Government render the holding of election
impracticable, be extended by the Government for a
period not exceeding one year at a time:
Provided further that a member elected to fill a
casual vacancy shall hold office only for the remainder
of term of the member whom he replaces.
18. The State Government may make rules to
regular all or any of the following matters for the
purpose of the holding of the elections of members
under this Act, namely :-
(a) the manner of the splitting up of electoral
rolls for assembly constituencies into parts
for the purpose of constituting one or more
of such parts into electoral roll for a consti-
tuency; and the officer or authority by whom
such splitting up is to be carried out;
(b) the drawing up of the programme of election;
(c) the appointment of Returning Officers, Presid-
ing and Polling Officers for election;
(d) the nomination of candidates and the scrutiny
of such nomination;
(e) the deposits to be made by candidates and
time and manner of making such deposits;
(f) the withdrawal of candidatures;
(g) the appointment of agents of candidates;
(h) for filling up of casual vacancy;
•
•
•
•Oath or
affirmation
by members.
Chairman and
Vice-Chairman.
Vacation and
resignation of,
and removal
from the office,
of Chairman
and Vice
Chairman.
Salaries and
allowances of
the Chairman &
Vice-Chairman.
8, e,
(i) the general procedure at the elections includ-
ing the time, place and hours of poll and the
method by which votes shall be cast:
(j) the fee to be paid on an election petition;
(k) any other matter relating to election or elec-
tion disputes in respect of which the State
Government deems it necessary to make rules
under this section or in respect of which
this Act makes no provision or makes insu-
fficient provision and provision is, in the
opinion of the State Government necessary .
19. Every member of the District Council shall,
before taking his seat, make and subscribe before such
person as may be appointed by the Government in
this behalf, an oath or affirmation, according to the
form prescribed for the purpose.
20. The District Council shall, as soon as may
be, choose in the manner prescribed two members to
be respectively the Chairman and Vice-Chairman
thereof and, so often as the office of Chairman or Vice-
Chairman becomes vacant the Council shall choose
another member to be Chairman or Vice-Chairman as
the case may be.
21. A member holding office as Chairman or
Vice-Chairman of the Council-
(1) shall vacate his office if he ceases to be a
member of the Council;
(2) may at any time by writing under his hand
addressed, if such member is the Chairman
to the Vice-Chairman and if such member is
the Vice-Chairman to the Chairman resign his
office; and
(3) may be removed from his office by a resolu-
tion of the Council passed by not less than
two-thirds of the members of the Council:
Provided that no such resolution for the
purpose of sub-section (3) shall be moved
unless fourteen days notice has been given of
the intention to move the resolution.
22.. The Chairman and the Vice-Chairman shall
be wholetime functionaries and shall be entitled to
such salaries and allowances as may be fixed by the
State Government.
9
23. Subject to the provisions of section 22 every
member shall be entitled to receive such allowances
as may be fixed by the District Council in ccnaultation
with the State Government.
24. (1) Subject to the provisions of this Act and
Rules made thereunder the superintendence, direction
and control of the preparation of the .electoral rolls
for, and the conduct of election to the District Council
shall vest in the Chief Electoral Officer appointed under
the Representation of People. Act, 1050.
(2) Subject to the provisions of sub-eectiee (1).
the Chief Electoral Officer may make such orders as
may be necessary for the purposes mentioned in sub-
section (1).
25. (1) No election to the District Council shall be
called in question except by an election petition pre-
sented in such manner as may be prescribed and
before such authority as may be appointed by the
State Government from time to time by notification
in the Official Gazette:
Provided that no person below the rank of
"District Judge" within the meaning of Article 236 of
the Constitution of India shall be appointed for the
purpose.
(2) The members of the Executive Committee
may be paid such salaries and allowances as may be
determined by the District Council in consultation with
the State Government.
(3) No election to the District Council can be
called in question excepting on anyone or more of the
following grounds, namely-
(a) that on the date of his eleetlen the returaed
candidate was not qualified, er was dis-quall-
fled, to be chosen to fill the seat in the
Council ;
(b) that any corrupt practice as may be commi-
tted by any returned candidate or election
agent or by another person with the eensent of
the returned candidate Of his electiea ft~eRt;
(e) that any nominatlon bill' be~. imJU's'pe'rly
rejected; or .
(d) that the result of the election i. S~ far u it
concerned the returned candidate has ~eh
materially affected-
10
(b) that but for the votes obtained by the
returned candidate by corrupt practice the
petitioner or such other candidate would have
obtained the majority of the valid votes;
(i) by the improper acceptance of any nomi-
nation, or
(ii) by any corrupt practice committed in the
interest of the returned candidate by an
agent other than his election agent, or
(iii) by the improper reception, refusal or
rejection of any vote, or
(iv) the reception of any vote which is void, or
(v) by any non-compliance with the provisions
of this Act or of any rules or orders made
under this Act.
(4) At the conclusion of the trial of election
petition the authority appointed under sub-section (1)
shall make an ol'der-
(a) dismissing the election petition; or
(b) declaring the election to all or any of the
returned candidates to be void; or
(c) declaring the election of all or any of the
returned candidates to be void and the peti-
tioner or any other candidate to have been
duly elected.
(5) If any person who has lodged a petition has,
in addition to calling in question the election of the
returned candidate claims a declaration that he him-
self or any other candidate has been duly elected and
the authority appointed under sub-section(l) is of
opinion-
(a) that in fact the petitioner or such other
candidate receiving the valid vote; or
the authority appointed under sub-section(l) shall
after declaring the election of the' returned candidate
to be void declare the petitioner. or such other candi-
date, as may be, to have been duly elected,
11
26. There shall be an Executive Committee of
he District Council consisting of seven Executive mem-
bers. The Chairman of the District Council by virtue
of his office shall be the Chief Executive member at
he head of the Executive Committee. The Chief
Executive member of the Executive Committee shall
from and amongst the members of the Distirct Council
shall select six persons who shall be the Executive
members of the Executive Committee. The Executive
Committee shall exercise the functions hereinafter
specified in sections 27, 28 and 29.
27. (1) The executive functions of the Di trict
Council shall be vested in the Executive Committee.
(2) All orders or instruments made or exe-
cuted by the Executive Committee shall be expressed
to be made by or by order of the District Council.
Every such order or instrument shall be signed by the
Chief Executive member or any other member of the
Executive Committee authorised in writing by the
Chief Executive member in this behalf and such
signature shall be deemed to be the proper authenti-
cation of such order or instrument.
28. (1) The Executive Committee shall dispose of
all matters falling within its purview, except certain
matters hereinafter specified, which shall be referred
o the District Council for final approval.
(2) The matter excepted under sub-section (1)
are-
,
(a) cases involving any important change in
the administrative system of the District
or any important departure from accepted
policy or practices;
(b) proposals for making regulations, rules or
bye-laws as authorised under the provi-
sions of this Act;
(c) cases which seriously affect, or are likely
to affect seriously, the peace or good
Government or the Autonomous District or
likely to affect relations with any such
area;
(d) cases affecting the relations of Government
with the District Council;
(e) all correspondence of importance with the
Government;
(f) all important appointments.
Members of the
Executive
Committee.
•
•
•
••
Chief Executive
Oftleel.
12
29. (1) Each member of the Executive COl1l!fui'lee
shall be entrusted with specific subjects, the allocation
of the subjects being made by the Chief Executive
member. The Executive Committee shall be collec-
tively responsible for all executive orders issued in the
.name of the District Council in accordance with the
provisions of this Act, whether such orders are autho-
rised by an individual member of the Executive
Committee on a matter relating to his subject or as a
result of discussion at a meeting of the Executive
Committee, or howsoever otherwise.
(2) One of the members of the Executive
Committee will be in charge of the District Fund, who
shall be referred to as the member in charge orthe
financial affairs of the District Council. The functions
of the member-in-charge of the financial affairs of the
District Council shall be as follows:-
(a) he shall generally advise on all matters
touching receipts and expenditure of the
District Council;
(b) he shall be responsible for all matters
relating to financial procedure and the
application of the principles of sound
finance; ,
(c) he shall prepare the Budget of the District
Council and deal with all matters relating
to Budget procedure and the forms and
contents of the financial statement;
(d) he shall be responsible for the "Ways and
Means" position of the District Fund.
30. (1) There shall be a Chief Executive Officer
in the District Council.
(2) A Chief Executive Officer referred to in
sub-section (1) shall be appointed by the State Govern-
ment and shall be paid out of the District Fund such
salaries and allowances as may from time to time be
fixed by the State Government.
. (3) The Chief Executive Officer shall be the
principal Executive Officer of the Di~trict Council and
all other officers and servants of the District Council
shall be subordinate to him. He shall have the same
right of being present at a meeting of the members of
the District Council or of Executive Committee of the
District Council or of any Committee established by the
District Council, and of taking part in the discussions
thereat as if he were a member of the District
13
Council or a member of Executive Committee or a
ember of any Committee and with the consent of
e Chairman or the President of the meeting, as the
c se may be, he may at any time make a statement or
xplanation of facts, but he shall not, be entitled to
vote or make any proposition at such meeting.
(4) The Chief Executive Officer shall act in
respect of all other matters under the direction of the
Chairman through whom he shall be responsible to the
members of the District Council.
(5) Except as in provided in the rules framed
by the State Government the Chief Executive Officer
shall not be removed from office by the members of
the District Council except on resolution carried at a
special meeting called for the purpose and supported
by the votes of the majority of the total number of
the members holding office for the time being.
(6) The State Government may at any time
suspend, remove, dismiss or otherwise punish the Chief
Executive Officer appointed under this section.
CHAPTER III
POWERS AND FUNCTIONS OF THE DISTRICT
COUNCIL.
31. Subject to the provisions of the Constitution
of India or any laws made in that behalf the following
matters within the area of the autonomous district
shall be under the exclusive control and administra-
tion of the District Council, namely:-
(a) the allotment, occupation or use or the set-
apart of land, other than any land which is a
reserved forest, or used for the purpose of
agriculture or grazing, or for residential or
other non-agricultural purposes, or for any
other purpose likely to promote the interest
of the inhabitants. of any village, locality or
town;
(b) the management of any forest not being a
reserved forest:
Explanation.e+The expression 'reserved forest'
shall mean reserved forest within the meaning of the
Indian Forest Act, 1927;
(c) the use of any canal or water course for the
purpose of agriculture;
•
•
Power to make
bye-Jaws. .
•
t>owers of the
District Coun-
oil to establish
primary schools.
etc.
Functions with
which the Dis-
trict Council
may be entrus-
ted by the Govt.
14
':7
(d) the regulation of the practice of Jhum or other
forms of shifting cultivation;
(e) the village or town committees or council;
(f) any other matter relating to village or town
administration including village or town police
and public health and sanitation.
32. (1) This District Council shall have power, sub-
ject to the provisions of the Constitution of India or
any laws made in that behalf, 'to frame bye-laws to be
applicable in the territorial district with respect to-
(a) inheritance to property of persons belonging
to Scheduled Tribes;
(b) marriage and divorce where any of the
parties to the marriage belongs to Scheduled
Tribes;
(c) social customs of people belonging to Sche-
duled Tribes; and
(d) all or any of the matters enumerated in
section 31.
(2) All bye-laws made under this section shall
come into effect upon their publication in the Official
Gaz-ette.
33. The District Council for the autonomous
district may establish, construct or manage primary
schools, dispensaries, markets, cattle pounds, ferries,
fisheries, Toads, road transport (other than nationalised
routes) and waterways in the district and may with
the previous approval of the Government make
regulations for the regulation and control thereof and,
in particular, may prescribe the language and th~
manner in which primary education shall be imparted
in the primary schools in the district.
34. The Government may, with the consent of
any District Council, entrust either conditionally or
unconditionally to that Council or to its officers, func-
tions in relation to agriculture, animal husbandry,
community projects, co-operative societies, social
welfare, village planning, fisheries and plantation or
any other matter to which the executive power of the
State extends.
er
In
ce
e
d
t!
15
35. (1) The District Council may make regulations
tor the regulation and control of money-lending or
•ading within the District.
(2) In particular and without prejudice to the
generality of the foregoing power, such regulations
ay-
(a) prescribe that no one except the holder of a
licence issued in that behalf shall carry on
the business of money-lending;
(b) prescribe the maximum rate of interest whxh
may be charged or be recovered by a money-
lender; "
(c) provide for the maintenance of accounts by
money-lenders and for inspection of such
accounts by officers appointed in that behalf
by the District Council;
(d) prescribe that. no person who is not a member
of Scheduled Tribe resident in the district
shall carry on wholesale or retail business in
any commodity except under a licence issued
in that behalf by the District Council:
Provided tha no regulations may be
made under this section unless they are
passed by a majority of the total membership
of the District Council:
Provided further that it shall not be
competent under any such regulation to refuse
the grant of a licence to a money-lender or
a trader who has been carrying on business
within the district since before the time of
the making of such regulations.
(3) All regulations made as aforesaid shall
come into effect upon their publication in the official
Gazette.
36. (1) Notwithstanding anything contained in
any other law for the time being in force, the District
Council shall have power to levy and collect within the
Autonomous District all or any of the taxes payable
under any of the Acts mentioned in the Second Sche-
dule appended to this Act.
(2) The District Council shall have power to
levy and collect within the autonomous district all or
any of the following fees. that is te say-
(a) fees for the maintenance and development
of schools, dispensaries or roads;
•
•
•
•
Consti tution of
village councils
by the Govern-
ment in autono-
mous district for
trials of suits
cases and
otrencet.
16
(b) fees on the entry of goods into a market for
sale therein and tolls on passengers and goods
carried in ferries for maintenance and develop-
ment thereof;
(c) fees on vehicles (other than those mechanical-
ly propelled) and boats for regulating and
managing traffic;
(d) fees on animals at rates and in the manner
as may be prescribed .
CHAPTER IV
ADMINISTRATION OF JUSTICE
37. (1) Subject to the provisions contained in the
Constitution of India. the Government may constitute
village councils within the autonomous district to the
exclusion of any court within such area, and may
appoint, in consultation with the Chairman and failing
him the Vice-Chairman of the District Council,
suitable persons to be members or presiding officers
of such village councils and mayalso appoint such
officers as may be necessary for the administration of
the bye-laws and regulations made by the District
Council under the provisions of this Act.
(2) The village councils shall have power to
try civil suits of the following description if their
values do not exceed one thousand rupees-
(a) civil suits for money due on contract;
(b) civil suits for recovery of property or for the
value thereof;
(c) civil suits for compensation for wrongfully
taking or injuring any property;
(d) civil suits for damages caused by cattle
trespass.
(3) The village council shall have power te
try cases or offences of the following description and
to impose fine not exceeding three hundred rupees
that is to say-
(a) cases arising out of any bye-laws regulations
or rules in force in the autonomous district ;
(b) cases arising out of any bye-laws, regulations
offence or abetment thereof which are not
punishable with death, imprisonment for life
or imprisonment for a term not exceeding six
17
months and offences under sections 379 and 380
of the Indian Penal Code where the value of
the stolen property does not exceed five
hundred rupees.
38. An appeal shall lie to the District Judge
against final decision rendered under sub-section (2)
of section 37 and to the Sessions Judge against final
decision rendered under sub-section (3) of section 37.
39. If any fine or portion thereof remains unpaid,
the same shall be deemed to be dues to the Govern-
ment and can be realised as arrears of land revenue
under the provisions of the Tripura Land Re;enue
and Land Reforms Act, 1960.
40. The Government may make rules regulat-
ing-
(a) compositions of village councils and the
number of village councils that may be set
up defining their territorial limits within
the autonomous district;
(b) the procedure regarding cognizance by
village councils;
(c) the procedure to be followed by the
village councils in the trial of suits, cases
or offences;
(d) all other ancillary matters for carrying
out the provisions of sections 37 and 38.
CHAPTER V
FINANCE OF DISTRICT COUNCIL AND VESTING
OF PROPERTY.
r Cl Council 4l. (1) There shall be constituted for the autono-
d mous district, a District Fund to which shall be credited
all moneys received by the District Council for the
autonomous district in course of administration of such
district.
(2) The Government may make rules for the
management of the District Fund and for the proce-
dure to be followed in respect of payment of money
into the said Fund, withdrawal of moneys there from,
the custody of moneys therein and any other matter
connected with and ancillary to the matters aforesaid.
(3) The accounts of the District Council shall
be kept in such form as may be prescribed by the
Government in consultation with the Accountant
General.
Licences or
eases "'or the
purpose of pros-
pecting, for or
extraction of
minerals.
Property
vested in the
District
Council.
18
(4) The State Government shall cause the
accounts of the District Council to be audited by the
Accountant General in such manner as he may think fit
and the report of the Accountant General shall be
submitted to the Government, after such report has
been placed before the District Council and discussed,
and the Government shall, in turn, lay such report
before the State Legislature. -
42. (1) Such share of the royalties accruing each
year from forest, licence or lease for the purposes of
prospecting for, or the extraction of minerals granted
by the Government in respect of any area within the
autonomous district as may be agreed upon between
the Government and the District Council of such dis-
trict shall be made over to that District Council.
(2) If any dispute arises as to the share of such
royalties to be made over to the District Council, it
shall be referred to an arbitrator appointed by the
Government for determination and the amount deter-
mined by the arbitrator shall be deemed to be the
amount payable under sub-section (1) to the District
Council and the decision of the arbitrator shall be
final:
Provided that no person below the rank of a
District Judge within the meaning of Article 236 of the
Constitution of India shall be appointed as arbitrator.
(3) All regulations made under this section
shall come into force on publication in the Official
Gazette.
43. Subject to such restrictions or conditions as
the State Government may think fit and proper, all
properties of the nature specified below and situated
in the autonomous district shall vest in and belong to
the District Council with all other properties which
may become vested in the Council and shall be under
the direction, management and control of the District
Council and shall be held and applied for the purpose
of this Act-
(a) all public buildings, constructed and maintain-
ed out of the fund of the District Council;
(b) all public roads which have been constructed
or maintained out of the fund of the District
Council and the stones and other materials
thereof and also trees, erections, materials,
Estimated
receipts and
expenditure
pertaining to
autonomous
District.
Conduct of
business.
Committees.
Officer and
staff.
19
implements and things provided for such
roads;
(c) all land or other properties movable or im-
movable, transferred to the District Council
by the Government.
44. Estimated receipts and expenditure pertaining
to _an autonomous district ending on the 31st March of
every year shall be first placed before the
District Council for discussion and then after such dis-
cussion shall be transmitted to the Government by the
31st January of the year immediately preceding. ("
CHAPTER-VI
PROCEPURE AA'D STAFF OF DISTRICT
COUNCIL.
45. The District Council shall meet for the con-
duct of business at least once in every six months and
shall conduct its business in such manner and in
accordance with such procedure as may be prescribed
by the Government by rules framed under this Act.
46. A District Council may, from time to time,
appoint out of its own body such and so many commi-
ttees for the efficient discharge of its duties as may
be necessary.
47. The District Council may appoint such offi-
cers and staff as may be necessary for the administra-
tion of the bye-laws or rules or regulations made by it
and also for proper and efficient execution of its duties
and make rules regulating their conditions of service :
Provided that the terms and conditions of ervice
of a Government servant transferred to the District
Council shall not be varied to his disadvantage with-
out the previous approval of the State Government :
Provided further that where any disciplinary or
other action is required to be taken against any such
government servant, the District Council shall make
a reference to the State Government who shall take
further action in accordance with the service rule
applicable in each case.
Appointment
of Commission
to inquire
into and report
on the admini-
stration of
autonomous
District.
•
•
Annulment or
suspension of
lOts and reso-
lution of
District
Council.
Dissolution of
the District
Council.
20
CHAPTER-VII
MISCELLANEOUS
48. (1) The Government may, at any time, appoint
a Commission to examine and report on any matter
• specified by it relating to the administration of the
autonomous district including matters specified in
sections 31, 32, 33, 35 and 36 of this Act and in
particular on-
(a) the provision of educational and medical
facilities and communication in autonomous
district;
(b) the need for any new or special legislation
in respect of the autonomous district;
(c) the administration of the bye-laws, rules and
regulations made by the District Council ; and
define the procedure to be followed by such
Commission.
(2) The report of every such Commission with
recommendation of the Government with respect
thereto shall be laid before the legislature of the State
by the Government together with an explanatory
Memorandum regarding the action proposed to be
taken by the Government thereon.
49. If at any time the Government is satisfied
that a bye-law or resolution or regulation or rule of
the District Council is likely to endanger the safety or
security of the State or is likely to be prejudicial to
public order, the State Government may annul or
suspend such bye-law, resolution or regulation, as the
case may be, and take such steps as it may consider
necessary to prevent the Commission or continuance
of such bye-law or the giving efTect of such resolution
or regulation.
50. The Government may, at any time, on the
recommendation of the Commission appointed under
section 48 by notification published in the Official
Gazette order the dissolution of the District Council
and- .
(a) direct that a fresh general election shall be
held immediately for the reconstitution of the
Council. or
(b) place the administration of the autonomous
district under the Commission appointed
under section 48 or any other body considered
suitable, for a period not exceeding 12 months.
,I
Application of
Acts of the
Legislature of
the State.
Power of the
State Govt. to
make rules.
Penalty and
cognizanceof
offence.
Interpretation.
21
51. If any provision of a bye-law or any regulation
made by the District Council is repugnant to any pro-
vision of a law made by the Legislature of the State"
of Tripura with respect to that matter, then, the law
or regulation made by the District Council, whether"
made before or after the law made by the Legislature
of the State of Tripura, shall, to the extent of the
repugnancy, be void and the law made by the Legis-
lature of the State of Tripura shall prevail.
52. (1) The Government may make rules providing
for any matters which under any of the provisions
of this Act is to be or may be prescribed or which
may be considered necessary or expedient in order to
give effect to the purposes of this Act.
(2) Every rule made by the Government under
this section shall be laid as soon as may be after it
is made before the Legislative Assembly of Tripura
while it is in session for a total period of fourteen
days which may be comprised in one session or in
two or more successive sessions, and if, before the
expiry of the session in which it is so laid or the
session immediately following, the House agrees in
making any modification in the rule or the House
agrees that the rule should not be made, the rule shall
thereafter have effect only in such modified form or
be of no effect, as the case may be ; so, however, that
any modification or annulment shall be without preju-
dice to the validity of anything done under that rule.
53. (1) Any person who contravenes any provi-
sions of the Act or any rule, bye-law or regulation
made under this Act shall be guilty of an offence
against this Act and shall on conviction be punishable
with the imprisonment for a term not exceeding 6
months or a fine not exceeding Rs. 2,500/- or with
both.
(2) No court shall take cognizance of any
offence against this Act except upon a complaint in
writing made by the Chairman or the Vice-Cheirman
of the Council or such other person as the Chairman
or the Vice-Chairman may authorise in this behalf.
54. If any question arises as to the interpretation
of any of the provisions of this Act or Rules framed
thereunder the same shall be referred to the
Government whose decision thereon shall be final.
Removal of
difficultie .
55
the pro
the Governmer;
sistent V;~'
of the Co
or expedie ..
remov.ng
(2) E
be laid before
all
56. Noth'
tion of any la
ment, unless spe
Explanation-
enactment, ordin
scheme, notificatio
:orce of 'Law' in •
a-
y
e.
e
SCHEDULE-I
[ Sections 2(h) a 3(1) ]
I. In tpe District 0 North Trip.rra=-
A. Within Dharmanagar Sub-Division:
(a) Name of Teh ils
1. Anandabazar
2. Dasda
3. Kanchanpur
4. Ujan Machmara
5. Machmara
6. Pecharthal
7. Vangmun
8. Khedachhara
(b) ame of villages
1. Juri R.F.
2. Bansul
3. Piplachara
4. Rahumchhara
5. Damchhara
6. Narendranagar
7. Kacharichhara
8. Damchara RF
9. Balidhum
B. Within Kailashahar Sub-Division:
(a) Name of Tehsils
1. Manu
2. Chailengta
3. Chamanu
4. Manikpur
5. Gobindabari
(b) Name of villages
1. Kanchanchhara
2. alkata
3. Paschim Karamchhara
4. Purba Karamchhara
5. Purba Masli
6. Ultachhara
7. Paschim Masli
8. Deo R. F.
9. Dengdung
10. Saidachhara
23
,
1l.
12.
13.
14.
15.
16.
17.
18.
19.
20.
Natingchhara
Daksbin Unakuti R. F.
Rajkandi
Golakpur
Samruhala R. F.
Debastal
Dhatuchhara
Deorachhara
Uttar Unakuti R. F.
Hirachhara.
24
C. Within Karnalpur Sub-Division:
Ca) Name of Tehsils
1. Ganganagar
Cb) Name of villages
1. Kathalbari 13. Jagannathpur
2. Auliraipara 14. Kulai R. F.
3. Sikaribari 15 Paschim alichhara
(' 4. Harimangalpara 16. Katalutma
5. Gurudhanpara 17. Mendi
,. 6. Simbuchhak 18. Chhatrai
7. Kachuchhara 19. Longthorai R. F.
8. Latichhara 20. Jamthungbari
9. Balaram 21. Aparaskar
10. Lalachhari 22. Panbua
11. Bagmara 23. Srirampur
12. Raipasa 24. Kamalachhara
2. In the District of West Tripura
A. Within Khowai Sub-Division:
(a) ame of Tehsils
1. Asharambari
2. Champahour
(b) Name of villages
1. Paschim Bachaibari 17. Uttar Gakulnagar
2. Dakshin Ramchandraghat 18. Dakshin Gakulnagar
3. Gayamanibari 19. unachhara R. F.
4. Akharabari 20. Atharamura R. F.
5. Tuihachingbari 21. Dakshin Maharani
6. Paglabari 22. Sriramkhara
7. Ramdayalbari 23. Ramkrishnapur
8. Paschim Rajnagar 24. Dakshin Pulinpur
9. Paschim Kalyanpur 25. Sardukarkari
10. Uttar Ghilatali 26. Uttar Pulinpur
11. Tuichingrambari 27. Purba Belchhara
12. Uttar Pramodenagar 28. Dakshin Padmabil
13. Badlabari 29. Uttar Padmabil
14. Mainakbari 30. Ratanpur
15. Janakabrabari 31. Paschim Belchhara
16. Karaibari 32. Bagabil
33. Khengrabari.
25
(B) Within Sadar Sub-Division.
(a) Narpe of Tehsils
1. Paschim Simna
2. Chandpur
3. Budhjangnagar
4. Rangmala
5. Amtali
6. Amarendranagar
7. Pathaliaghat
8. Pekuarjala
9. Paschim Takarjala
10. Purba Takarjala
11. Sankumabari
12. Laxmipur
13. Patnipara
14. Mandainagar
15. Champaknagar
16. Belbari
17. Shibnagar
(b) Name of villages
1. Purba Simna
2. Uttar Dasgharia
3. Sankhala
4. Baluaban
5. Dakshin Dasgharia
6. Subalsingh
7. Baikunthapur
8. Kamukchhara
9. Surendranagar
10. Uttar Debendrachandranagar
11. Sutarmura
12. Latiachhara
13. Prabhapur
14. Radhamohanpur
15. Paschim Barj ulai
16. Jirania
17. Radhapur
(C) Within Sonamura Sub-Division
(a) Name of villages.
1. Chandul
2. Uttar Taibandul
3. Dakshin Taibandul
4. Khedarbari
5, Gamaichhara
6. Jagatrampur
7, Birendranagar
8, Manaipather
9. Bijoynagar
10. Dhanirampur
26
3. In the District of South Tripura.
(A) Within Udaipur Sub-Division
(a) Name of Tehsils
f' 1. Killa
(b) Name of villages
1. Gatji R. F. 8. Dakshin Baramura Deotamura
2. Baisabari R.F.
3. Tuiharchun 9. Dakshin Maharani
4. Chapiapara 10. Dhuptali
So Purba Mogpuskarani 11. Samukchhara
6. Purba Brajendranagar 12. Khupilong
7. Raiabari 13. Kachigang R. F.
14. Gandhari
15. Bagma
(B) Within Amarpur Sub-Division
(a) Name of Tehsils
l. Ampioagar 5. Chelagang
2. Taidubari 6. Gandachhara
3. Malbasa 7. Raima Valley
4. Nutanbazar 8. Sonachhara
(b) Name of villages
l. Rajkaog 4. Purba Sarbong
2. Baramura Deotamura R.F. 5. Paschim Kalajhari R. F.
3. Paschim Sarbong 6. Karnlaipara
(C) Within Belonia Sub-Division
(a) Name of Tehsils
1. Birchandranagar
2. Kalashi
Cb) Name of villages
1. Tekka R. F. 10. KaJaJaogaog
2. Dakshin Hichachhara 11. Purba PiIak
3. Abhangchhara 12. Birendranagar
4. Kashari R. F. 13. Tai rumchhara
5. Rajapur 14. Ratanpur
6. Paschim Patichhari 15. Shibpur
7. Purba Katbalia 16. Tekka Tulsi R. F.
8. Baikhora 17. Manirarnpur
9. Laxmichhara 18. Tuigamari
27
(D) Within Sabroom Sub-Division
(a) Name of Tehsils
1. Manubankul
2. Baisbnabpur
3. Silachari
(b) Name of villages.
1. Chatakchhari
2. Sindukpathar
3. Fulchari
4. Betaga R.F.
5. Taikumbachhara
6. Sakbari
7. Gardhang
8. Dakshin Tuisama
9. Gaganchandrapara '
10. Tekka Tulsi R. F.
11. Harbatali
12. Chalitachari
"-
._-
28
SCHEDULE-2.
[Section 36 (1) ]
• 1. The Tripura Professions, Trades, Callings and Employment Taxations
Act, 1976.
2. The Tripura Land Revenue and Land Reforms Act, 1960. /
3. The Bengal Agricultural Income Tax Act, 1944 as extended to the
StExcerpt shown. Open the full act in Lexace.
Lex