The Lalung (Tiwa) Autonomous Council Act, 1995

t Registered No. A·12 THE ASSAM GAZETTE ~~Cf EXTRAORDINARY ~I~ ~':1-1 ~RI ':f<l'lPRl PU£3LISHED BY AUTHORITY . .. ---- --·----··----------- ----·---------·-.. ------ -- -.:·· :n1 \~ •1T'I , 0!1"•F1T~, 30 \!l<flCV1<f1 1995, s -<tqfu;, 1917 C-•l«f.) ~ ' 1<c1. 2·) 1 Ui :;p'.t l', 0.Irn1ckiy, 30th Oct, 1995, Sth K~rtika, 1917 (S.E.) ·- --· · ·- · . . ···--· ------------ --·- - ---- ----------------·- -- - (10\'ERNi\·lENT OF 1\SS/\M CW,DL!\S DYTllEGOYERNOR 1.r'.Cl lSLATlVE DEPJ\RT.~\'lENT: LECJISLATlVE DR/\NC[l --------------------- N 0·1·1 FI C,\'l ' l 0 N Ti h~ 30th Oc!. 1995 No.LGL.51/95/233. -The foll owj11g Ad of ihc Ass:1111 Lq;i :; l:\\i \T f's:$~·mbly whic\i received the :1 ssc11 t ol' 1\\c Ciovornor is hc1\'by 1•uh­ \is!;c-d for gf:'r~er<1 l i1i!'orrn:1ti o11. 1578 THE ASSAM GAZETIE, EXTRAORDINARY, OCT. 30, 1995 ASSAM ACf NO. XXV OF 1995 (Received the assent of the Governor on 27th October, 1995) THELALUNG(TIWA)AUTONOMOUSCOUNCIL ACT, 1995 AN ACT To provide for the establishment of an administrative authority in the name and style of "THE LALUNG (TI\V A) AUTONOMOUS COUNCIL" and for certain matters inci­ dental thereto and connected therewith. Preamble. Whereas it is expedient to provide for the establish- ment of a Lalung (Tiwa) Autonomous Council within the State of Assam with maximum autonomy within the frame­ work of the Constitution, comprising of the satelite areas of Village Councils formed out of blocks of contiguous revenue villages, each having more than 50% population of Lalung (Tiwa) community, without having any compact area for social, economic, educational, ethnic and cultural advancement of the Lalnng community residing therein. Short litlc, extent anti C 0 Ill Ill C Ill: C mcnt. J) c Ii ll i · liu11s. It is hereby enacted in the Forty-sixth Year of the Re­ public of India, as follows:- CI-lAPTER - I PRELIMINARY l. ( l) This Act may be called the Lalung (Ti wa) Autonomous Council Act, 1995. (2) It extends to the whole of the State of Assam. (3) It shall be deemed to have come into force on the l Jll1 day of July, 1995. 2. In this Act , unless the context otherwise rc­ <l u 1 res - (n) 'bye-law' means tile bye-law framed by the Gc11e1<1l Council; t ( t TH.E ASSAM GAZE1TE, EXTRAORDJNARY. OCT. 30 1995 1579 (b) 'Constituency ' means a constituency referred to in section 48; (c) 'Constitution ' means, the Constitution of India; (d) 'Council Area' means the Lalung Autonomous Council Area ; (e) 'E lector' in relation to a constituency means a per­ son whose name is entered in the electoral roll of that con­ stituency ; (f) 'E xecutive Cou11cil' means the executive body or the Ceneral Counci l of the Lalung Autonomous Council consti tuted under Section 3(3) and 24 ; (g) 'Gaon Panchayat', 'Anchalik Panchayat' and 'Zila Parishad ' have the same meaning as defi ned in the Assam Pnnchayat Act, 1994; (11) 'General Coun cil' means the General Council of the Lal ung Auto nomous Council referred to in section 3 ; (i) 'General Counci l Fund' and 'Village Council Fund' means the fu nds cons tituted under sec tion 61 ; (j) 'Government' means the Sta te Government of Assam; (k) 'Governor' rne~u:s the Clovcrnor of Assam; (!) 'member' means a member of the Vil1 Hge Council or the General Council of t!Jc Executive Council , ns the case may be ; Assam Acl XYlH or 1994. (rn) 'M un icipa li ty' has til e same mea11i ng as in the .\ssa111 Assam Tviunicipal Act, 1956; Act (n ) 'notification' m,:ans the notification issued under thi s t\c: r ; (o) 'Offic ial Gazette' means the Official Gazelle uf A::sam; _ (p ) 'prescribed' means prescribed by rules made under lh i.s Act; (q) 's;1tellite area ' mea ns tile area of different reven ue \'il!aecs: '"'< r) 'Vil lage Council' me<111s the Villrrgc Counci l rc­ r._:1 i",'d !O in SCCl ;Oll 'I; ill lll · (s) 'Vlllagc Council Arca' 111c a11 :-; th e area declared to Ix: li ic urea of a Villngc Co11 nc il by the CJO\'Cnuncnt by no:i - Jic.ltiCi!l in til e Offici:1 l (.Jazc ttc. Lal1111 ~: .\11 . 3. (l) There shal l be an autonomous council to be t11110111ou ~; cdl cd !lls l,a lun g J\utono111ous Council within the S1:11e of Coul!Cil. 1\ s:: :1m co mpris ing of tile ;m~as of the Vill :1 ~c O rn11cils a~> XV of 1957. ~: 1580 THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 30. 1995 . may be specified by the Government by notification in the Official Gazette. (2) The Lalung Autonomous Council sh,all have maxi­ mum autonomy within the frame-work of the Constitu­ tion. (3) The Lalung Autonomous Council shalfhave a General Council and an Executive Council as provided 1 hereinafter. Vllluge 4. (1) There shall be a Village Council for eac.:b block c ou n c 11. of villages, each village having 50% or more Lalung popu­ lation. l ncorpnra ­ llon of lln• (; l'llCl 0 :ll Cou11•il. Cousl i Lu - tlo11 of fl; 1_· Gcucrn I c () 11 IJ cl l. (2) Each Village Council area shall consist of approxi­ mately 6000 to 8000 population. (3) For the purposes of sub-section (1) above, there shall be as many Village Council as may be specified by the Government by notification in the Official Gazette. CHAPTER-II THE GENERAL COUNCIL :'i . The General Council shall be a body corporate liav­ ing perpeltlal succession and a common seal with powers to acquire, hold and dispose of properly and to contract :md sllall 'SllC or be sued by its corporate name. 6. (1) The General Council shall consist of 30 (thirty) 11tclnbcrs of which 26 (twemy six) shall be direct!); elected ~!nd ·1 (four) shall be nominated by the Government from :i: ;1 u11gs1 the groups of communities residing in the Council 1\ t\~ ;~ and not otherwise represented in the General Council. J (Ou t of 30 seats 15 scats shall be reserved for L:llung co111:;n1 11ity and out of 15 rescrved·scats, at least 3 (three) sc;•ts sli1i!l be reserved for women .) J..J The Members of Parliament, and the Members of the Legislative Assembly, Assam belonging to Schcdnlecl Tribes Reserved Constituencies of the Council Area shall l>c ex-0fficio members of the General Council. . '· \ ,, ' -- )• . THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 30 .. 1,995 1581 · 1 ,PJEvery member of the General Council shall be enti­ tlecrto 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 tbe election, for tbe purpose of con­ stitution of the Executive Council, elect from amongst themselves, in the manner prescribed, - 1 (i) One member to be the Chief Executive Councillor '-; who shall also be the President of the General Council, and ( (ii) Three Execu1ivf~ Councillors. Tenn or 7. (1) The term of office of the General Council shall om cc. be five years from the date of the first meeting as appointed by the Government after the election of the members, un­ less dissolved earlier tmder section 68. H.esigna ­ ticn of me1111Jcrs uf U1c General Council ll.ci;\1;1·:11 o 1· 1'1clll­ b crs or c '.'ll\'l':\ ! C U!l ll \ i I. (2) Notwithstanding anything contained in sub-section (1) above, the Chief Executive Councillor or the Executive Councillors shal l cease to hold office as such forthwith if he, for any reason, ceases to be a rnernber. (3) Notwithstanding anything contained in sub-section (1) the Governor may, if he is satisfied that circumstance exist which render the holding of the election, as provided, impracticable, extend the term for a period not exceeding of one year. 8. (1) Any member of the General Council may, at any Lime by givi11g noticr>, in writing addressed to the Chief Ex­ i~Ct1tivc Councillor, resign his office: Provided that in case of the Chief Executive Council­ lor, the notice shall be addressed to any of the Executive Councillors . (2) Such resignation shal! take effect fr~1m such date as spec ified in the :1oticc or if no such date is specified, from the date of its receipt by tile office bearer addressed. 9. (1) The Cl1iefExecutive Councillor or the Executive Councillors or any 011c of them or all of them may be re­ moved ~-rorn office by a resolution carri.ed by a major;ty of the toial number of the elected members at ;1 special meeting .. ~ 1582 THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 30. 1995 of the General Council called for the purpose upon a requi­ sition made in writing by not less than one third of the members of the General Council. Sal:tdes, :! l l u 11· a ~1 r cs an~l ot ltn cr;1u l;;- 11? C JI ls . (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 im­ prisonment for any period exceeding·six months or ; (b) incurs any of the disqualifications mentioned in section 54 after his election as member of the General Councillor, or (c) is absent from three consecutive meetings of the General Council. (3) Any member of the General Council who is re- 1novccl 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 0r orders either con­ firming or modifying or setting aside the order appealed :i gai11st and pending the final disposal of the appeal may pass suclt other interlucatory order or orders including stay of operation of the order appealed against. (4) The order pa_ssed, by the Judicial Authority re­ fe!Tecl to in sub-section (3) above, on such appeal shall be final. 10. (1) Tile Chief Executive Councillor and the Execu­ ti 1.1c Councillor~. shall be whole time functionaries and shall be p;1ic1 out of the General Council fund such salaries and "·: ! y ,v;\11ccs ~\S m ~I)' be prescribed. (2.) Tl!c other term and conditions of service of the Chi(:!' E:·:ectilive Councillor and the Executive Cou~cillors ~; kt11 be snch as mny be prescribed. - - ---·- ______ ... ~,1----.... - ;;:---111111114 ), 1995 a requi­ of the ty to an v cause md after may by al court with im- oned in }eneral s of the o is re- 1e , may to such and the ay after iples of 1er con­ Jpealed :al may mg stay rity re­ ;hall be Execu- 1d shall ies and of the 1cil1ors Filling up of va ­ cancies. Powers , functions anti duties of the Chid' Ex­ '~ c ll ti ,. c c~.~111l· i ~ ! Io r . 11. (1) Where the' .ffice of any member falls vacant by reason of h is death , resignation, removal or otherwise, the vacancy shall be filled up by election in accordance with the provi<;ion of this /\ct <ind the ru les framed thereunder; may be : Provided that any vacancy in the office of the Chief Executive Councillor or the Executive Councillors shall be filled up by the General Counci l by electing a member thereof in the m anner prescribed for the election of the Chief Executive Councillor or t..c Executive Councillors, as the case may be ; (2) Any rrisrnber elected ii, accol"dance with the provi­ sions or sub-section (1) above, shall hold such office only for the remainder of the term of the General Council or the period extr:ncled und .r sub-section (3) of Section 7. (a) be responstbk for the mainten ance o f li1e records of the General Council ; (b) have Gene1al re~,ponsibi iity tor the financial and exec utive ad1ninist rawm of the CL·n•;ral Council ; (c) exercise arlrnin is tnmve sup,_rvi:1ion and connoi 0\ er the o ffi cers ;:nd ('t~1iiloyf.es of d1.c Ueneral Counc il :1ml the officers aod ernpky~,c:, ,_.._.) 1ose services may be placed at tll c (lispos;d of the Ge11u«1.l (.'nuncii ~1y the Governnwnt : (d) ftlJ \lal\s<1ctin11 cf business Wtder Lliis Act,_;; r.:'! lltL: r.urposr: of nuking a11y order under thi s Aci, exercise such powers, perform such fu nctions and discharge such duliL·s T; 1n;1y \)\~exercised , performed or discharged by the G en­ c r; ~l Council under thi~ Act ot. the rules nuc!c ~hereunder: Providc1i that the Chief F,,ecntive Councillor sh<dl no\ c.\1...-. rc isc such powers. perform such fo,v ;ioi1s or discliargc '.,t:cl1 dt1ties as may be req ui red by the ruks made under liiis :\c.i to he exerci sed, performed <-> r disc harged by the: t) :·; 1.:·ral Council at a meeting; '<.: ) exerc ise such other powers, perfo1rn such odH:i· 1' !: 1 i•::-; a::; tk~ General Council rnay, by gen-...:ral or speciill 1584 THE ASSAM GAZETTE EXTf~AOHDINARY OCT. :~O 199.S --~.,----~~~-·-··_,,,__......~--~-J......:--.. ~~---·· resolution, direct or as the (jovcrn111e111 rnay, by rules made in this behalf, prescribe. Meeti ng 13. (l) The General Council shall m.:et ;l( lccist once 111 of Ge ner al every three months for transaction i..:.f its business. Cou nci l. Oa lh of' :ll'firma­ tion by mclll her s. Q uoru 111 . lle: ~ l! q1;;1 rltr ol' lil t Cen ­ l'ral C:111 111 · 1· i I. S~·:reLHi: 1 l of ihl' La! ;1;;:>, Aulo nurn ollS Co1111 li! . (2) The meeting of the General Council shall be lield at the headquarter of the Lalung Autonomous Council at 's11ch time as may be notified by the Chief Executive Councillor : Provided that the first meeting of the General Council after the election shall. be held on such date as may be ap­ pointed by the Government 14. Every member of the General Council shall , be­ fore 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 furrns as nMy be pre- scribed. 15. The quorum nr:·e·.:.s:iry for transaction of business at a meetine of the Ge.1eral Council shall be 10 member.\ and the dec(<.;ion of the Oeneral Council sl1a1i be by a singk majority of the General Council. 16. The Government may, bv nm.ification in the Offi- .; . "'1- ci al Gazette declare any place wi thin nu;; Council /ii1ed 'to be llle headquarter of the Ckn~ra l Counul. 17. ( l) There shail be a Secretariat for the L. :·: hmg 1\ u- 1 ut1ornous Council at the headquarter of the Ciencr::l Coun::.:ii i:-.:1ukd by a Principal Secretary w be appot lilt~d by llil" ( }nvcrn mcnr in consultation with the Chic[ Exccn l i\T OH11:cillor. ('.:!)The l'ri 11cip<ll Secrctmy shall be the princi;1al cxcc­ u i\'c r·i'liccr of the Cencral Council a1i:cl all other Officers o[ h~- r;cncr:\l Council sll~dl b:::: subordinate to him. ('.)) T l1•:: Prii':cipal Scc1ct:H) :;lwli he presen l ;1nLI t.\k \'. :~ :,;\i i i tlic c\i SL'.liSSlOll of aJi th•: n1ectings u[' the (ic11C1: '.l (_\1";'.:·'.1 cir (11<:: Executive Council or nny corninin~T o!· ti".: C: -::: 1 ~·ri!\ Cuuncil and rn11y, with the consent of the Chi1..'I. l :_\. · ,., :tivc C'c1 t1 11 ci ll or or <1ny ot her person pt'l'siding ove r s11ch 11·. :·~ li1~g r,11· t!ic time: being , ~1s the case rn:1y be, :1t an~· ti11w :<,ASSAM GAZETTE, EXTRAORDTNA RY, OCT. 30. 1995 1585 make a statement or give explanation of th e fac ts and cir­ cumstances but shall not be entitled to vote in any such meeting. (4) The Principal Secretary and the other officers of the Secretariat shall be paicl out of the General Council Fund. ~ (5) The term of appointment of the Principal Sccreta1y shall be for a period of three years bu t may be extended by the Government in consultation with the Ch ief Exec utive Councillor. (6) The Government may appoint such o ther Sccrct:tr­ ies for the General Council on such terms and conditions as the Government may, in consultation wi th the Chief Execu­ tive Councillor, determine. (7) The Government may, in consu lta ti on with the Chief Executive Councillor, depute such o the r officers or experts, as may be, required, to assist the General Co uncil on such terms and conditions as may be de termined by the Government. (8) The Government may from time to ti me post offi­ cers of the rank of Class-II and above wi thin the Council Area in accordance with the exigencies, but while mal' ing 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 thei r performance and assessment of their works recorded by the Executive Council shall be incorporate(! in their Annual Confidential Reports by the Government. (10) Notwithstanding anything co ntained in sub­ section (5) above, the Government ma)1 , :it :rny time in con­ sultation with the Chief Executive Councillor, withdraw the Principal Secretary or 11ny other officer pos ted or :ippointcd by it i11 the Secretariat. _1586 THE AS SAM GAZETTE, EXTRAORDINARY, OCT. 30, 1995 Subjec ts to be under the control and ad min ­ istration of the General Council. CHAPTER - III POWERS AND FUNCTIONS OF TIIE GENERAL COUNCIL 18. Notwithstanding anything contained in any other law or Rules for the time being in force, the General Coun­ cil shall have executive powers in relation to the Council Area over the following subjects :- 1. Cottage Industry, 2. Animal Husbandry and Veterinary, 3. Forest, other than Reserved Forest, 4. Agriculture, 5. Rural Roads and Bridges, 6. Sericulture, 7. Education : (a) Adult Education, (b) Primary Education, (c) Up-to Higher Secondary including V·ocational Training, 8. Cultural Affairs , 9. Soil Conservation, 10. Co-operation, 11. Fisheries , 12. Panchayat and Rural Development, 13. IIandloom and Textile, ! 11 .. Public Health Engineering - Drinking water, I\ Minor frrigation , ! '' Social Welfare, l .1. Flood Control Schemes for protection of villages (not highly technical nature). i ~·;.Sports and Youth Welfare, IC). Weights and Measures, 20. Library services, :~ l. Museum and Archaeology, 22. Urban Development, Town and Country Planning, 23. Tribal Research, Y~ . Land and land Revenue, 25 . Publicity and Public Relation, 26. Tourism, 27 . Transport, 28. Any other matter connected with development, 29. Municipal Boards, Improvement Trust, Dist. and other local-self Ciovernrnent of Villages, THE l\SSAr-.1 C;\ZJTITE, EXTRAORDINARY. OCT. 3iL! .. 92i_ __ l~B_?_ '.10 Tribal \V elfare, Other mat· l<l'S lo bl' u11<kr Ilic CO/I! I'll! and ;1tlmi11 · Isl rat i <' n ol' ti:~· Gm· <·r: tl C\1u11 - r i I. 1' 01\'l' rs to i 11! i' () s c l«l'.I' ;1 11d co!: .... 1,' t f ::\'<: .· . . 3J. Market and fairs, 32. J ,otteries, Theaters, Dramatic performance nncl Cinema, 33. Vital Statistics including ragistration of births and clcnth, 34. Food and Civil Supplies. l9. Subject to the general policy of the Government, the Genera! Council shall, -- (i) formulate integrated development pla t1s for the Collnc il Area ; (ii) implement schemes Hild progrnrnn1cs frn· tllc den::!· oprnc11t:tl of the Council Area; (iii) !lave powers to nppoi11L Class lil :111d Ci:iss 1\1 staff wi!liin th e Council Arca: (iv) have powers to regulalc tradc.<ind co11uncrcc with· in the Council Arc:i in accordance with tlic ox ist ing laws in· eluding issue of permit or licences to inclividu:lls within the Co:mcil Area ; (v) gui ck~ custom and li'c1dili(111s il1Hi ~o~·i:d ju:·ticc ol' ti·,,; L: tl1111~~ con111JL111!ty :1 ccordin~1, ti) tlh'. lr~Hlition:d Lt\\',\; ('.·i) c• rgi11 1::;c spc: ci ::l rccn:!\!\KJlt d1 j.,· c· i111u 1\rmy, Nilvy, and o:iler p:11«t11;ili: :1ry l".) :cc.s , Poli•:c. i·orccs :\ri d Cd h ·~ 1· 0' 11 L l'~tl (1.-wcrn ll1t.' 111 c ;! ;\I~ 1isill1lC'J \ t:; l'l'!' : : p ['Oi 11t1112 ll t o!' t!:1~ l\·1 SU Jl S bl..'..Jo11g lO lk l .:llt :11 g C0!1111\l ll liiy; ('. ;i) :il:.,t p,·1111its f(1: · 11:1i:k 111~d cu111111cn\.: lu !ill: P'-'r 11iloJ rc~i d!1 i ~: i:~ the Ccl1:1cil ,i\1c:1 J''1<·1·u1.·111.·c bcin~! given !1) the Ld u11g community. ?.0 . (1) Su 1)_j cc t to tl1c prnvi ., i011 of :111y other Ltw for lir'...'. ti11h.--: i> cin~~ in !'orcc, !lie Gc1L·1al Cou:i ~·il sl 111 1l have Ill·~ :·11\\'('.] •; to coffcL'I .. ,· itllin tile C •i.: :i,_·il :\t~<\ st11..i1 f:\\(·) :ts :11\" : .. ;:v: 1l··k !t 1Hi< 1· th,;: :\\\' fur \!ii:· tin:·:~ hcir1~ i iJ f.:11·c \~ ii1 the ;~::::~!\ CT :is 1:1 w h .. ' J'.J \;ScriLli .. 'd: I 'n>'. i1:. · <~ li111 tii.' t~L'\ or !J\'-.'.~ :1:.: ::t'i: 11 \:-:1i .. i :-h:1ll !Jc ('(.•l- l. '.'.:tL·J rru :11 SLL 11 1'.<1~·~ :1s 111:\\ I· ;\i1;_)ji'! Cd 1':: tl1c:. C U \'C! 'l l - i1,•'!il I :\ l)r ·,:i!i< .. 'i \ [l <) :\ iii liii:s i·. iL .i l. i11th .. :0: 1·: <<;!l Cl::;:c·ilC. -' 1588 THE ASSA M GAZETTE, EXTRAORDINARY, OCT. 30, 1995 (2) Subject to sub-section(l) and such maximum rates as the Government may prescribe, the General Counci l shall :- (a) levy tolls on persons, vehicles or animals of any class, for the use of any bridge or road other than kacha mad or ferry constructed or established and managed by .it ; (b) levy the following fees and rates, namely; (i) fees on the registration of boats or vehicles ; (ii) fees for providing sanitary arrangements at such places of worship, pilgrimage, fairs, rnela, o ther public places within the Ccuncil Area as may be specified by the Government by Notification in the Official Gazette; (iii) fees for licences; (iv) water rates, where arrangements for irrigation or drinking water is made by it within the Council Area; (v) ligh ting rate where arrangements for lightin g of publ ic street or places are made by it within the Council Arca. (3) Notwithstanding an ything contained in the forego­ ing sub-sec tio11 s, the General Council shall not undertake registra tion of any veh icle or levy any fee in respect thereof ~u;cl sha ll not provide sanitary arrangements at places of worship, pilgrimes, fairs, melas, or other public places within the Council Area or levy any fees in respect thereof if such vehicle has already been registered by any other au­ thority under the Jaw for the time being in force, or if such - provisions for sanitary arrangements has already been made by th e Government or any other local authority. ('I) The collection of tolls, fees or rates and the te1111s and co11ditions for the imposition thereof shall be such as in:1y be prescribed by the bye-laws, such bye- laws may in- 1c1·ali~ ·, provide for exemption from all or any class of cases. (5) The General Council may levy fee or taxes on any l'l ;t\l the :;ubjects as~ igned to the Vi ll age Council. THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 30, 1995 1589 Powers to entrust functions. Po wer to acquire hold and dispose of propert y. 21. Notwithstanding anything contained in this Act, Lhe Government may, in consultation with the General Council, entrust, either conditionally or without any condi­ tion, to the General Council or their Officers any function in relation to any matter not enumerated in section 18 to which the executive powers of the Government extends. 22. Notwithstanding anything contained in section 5, the General Council subject to the previous approval of the Government and subject to such terms and conditions as may be imposed by the Government, shall have the power to acquire, hold or dispose of any immovable property or movable property the value of which exceeds Rupees one lak:h and to enter into any contract or agreement with any party or authority. Power to make byc­ 'I aw s . 23. (1) The General Council may, subject to the provi­ sion of this Act and the rules made thereunder and subject to the approval of the Government make bye-laws to be ap­ plicable within the Council Area with respect to all or any of the matters enumerated in sections 18,19,43 and 44 for regulat ion, control and administration thereof . • (2) All bye-laws made under sub-section (1) above, shall have effect upon their publication in the Official Ga­ zette. CHAPTER- IV THE EXECUTIVE COUNCIL TJ1 •~ 1:-~ rn1 - 2:1. (1) The Exec utive Council shall con sis t of the the Cu 11 n- Chie f Executive Councillor and the three Executive Coun­ c i I. cillors elected in accordance with the provi ~ions of sub- section (4) of section 6. (2) Tile Chief Executive Councillor shall be the Ch:1ir­ rn:rn or the Executive Council and shall preside over the 111cc1i ngs thereof. (3) ;\ 11y casual vacancy among the members of the Ex­ ccu ti ve Council occurring by reasons of deaLh, resignation, rcrnov;\1 or otherwise shall be filled through election by the lll(·mbc rs of the General Council in the same manner as pro­ \'idcd in ~: lib - sec ti on (t1) of Section 6: --~- -· - ---'--"'=~- ·------....._____:. l:Wfl. THE ASSAM GAZET1E, EXTRAORDINARY. OCT. 30. 1925 'l't' llll or office of thl! E.\CCU · lil'c Coun ­ c i I. 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 Exec­ utive 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 respon­ sible to the General Council. 25. A member of the Executive Council shall hold of­ fice untill he - (a) ceases to be a member of the General Council, or (b) resigns his office in writing under his hand ad­ dressed to the Chief Executive Councillor in which case the resignation shall take effect from the date of acceptance thereof : Provided that in case of the Chief Executive Collncil­ lor, the resignation shall be addressed to any one of the Ex· ccu ti ve Councillors. 2G. (l) The execu ti ve powers of the Genera! Council shall vest in the Executive Counci l. (2) All orclcr or instructions made or executed by the Executive Council sh;1H be deemed to have been m:ldc or executed by or nncler the authority of tile General Council. (3) Every order made or instructions issued or resolu­ tion passed by 1!ic GC11cral Cou•Kil shall be :1uthe111icatcd by the si0niltLHC ol' the Chief Executive Councillor or in his ab-,., . sencc by :111y one of tile Executive Councillors. <:c11.1·:11 27. (I) Tlic Chicl· Executive. Councillor shall be the. JH>11 t·1· -; <·I" CilicC of the Lalung Autonomous Council and shall exercise t11~ Chier Sl1ch powers ancl discharge such functions as arc confcn\'d Exrrn l il'c on him by or under this ;\ct or the rules 111 ~1cl c tilcn .. 'lllldcr. Co11 n ci l lor .... 1995 :cutivc nvalid Exec- by the prov al espon- >Id of- !,or ~d :id- ,\SC the ptan<.'.C ~ ouncil- he Ex- :0~1 nc i I by tile 1:idc or llllC.: i I. rcsol u- ated by his ab- b(: the. xercisc 11f crrl'd 11dcr. THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 30, 1995 1591 Special power of the Chief Executive Councillor. .\lceting of the Execu ­ tive Coun­ c i I. Quorum ln c:orpora- t j 0 II (!JC Villa gc Counci I. Cons! i tu­ lion of !he Vi 11 age Co 11 nci I. (2) The Chief Executive Councillor shall for the smooth and convenient transaction of business of the Exec­ utive Council, allocate among the Executive Councillors such business in such manner as he may deem fit. 28. (1) The Executive Council may, in cases where the Chief Executive Councillor is required to take, in accor­ dance 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, authorises the Chief Executive Councillor 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 Councillor takes any action under sub-section (1) above, he shall inform the Executive Council forthwith and shall obtain the approval thereof. 29. (1) The Executive Council shall meet nt least once in every three months for transaction of its business at such place and time as the Executive Councillors may direct. (2) The meeting shall be convened by the Chief Execu­ tive Councillor by giving seven clear days notice.in writing to each member of the Executive Council. 30. The Quorum for transaction of business at a meet~ ing of the Executive Council shall be three members includ­ ing the Chief Executive Councillor. CHAPTER-V THE VILLAGE COUNCIL 31. The Village Council shall be a body corporate hav­ ing perpetual succession and a common seal with powers to acquire, bold and dispose of property and shall sue or be suecl by its corporate name. 32. (1) The Village Council shall cons·ist of lO(ten) members of which 5 (five) seats shall be reserved for the Lal ung Community out of which at least one shall be a women . 1592 TH_E ASSAM GAZETTE. EXTRAORDfNA Y. OCT. 30. 1995 f<Tm oi office. .. ·'' ;1;· \II : 1' ( 2) Everv :"'k'l :· u •)f the Village Council shall be en Ii ·· tied to such sitting allowances as n;ay be fixed by the Vil­ lage Councii subject to the approval of the General Council and the Government. C; 1 he elected members nf the Village Council shall, at the first meeting after the election, elect from among them<:elves, in the manner prescribed, - (i) One member to b~- th:; President who shall also be the Chief of the Village Council, and (ii) one member to he the Vice President \:vho shall be the Deputy Chief of the Village Coilncil 33. (I) The term of officF- of the Vil lage Council shaH be five years from the date of the first meeting as appointed by the Governrnent afrer the elecnon of the members unless (fo;sol 1cd carher under >tCtion 68 . Provided that the Govern nent may, if it is sac isfied that circumstances exist which render the holding of elec­ tion. as provided. 1mpracticable, extend the term for a peri· od not exceeding one ye<tr. <2) No· Jthqanding anythliib: conra·ned in sub­ sc ·tion i above, the President or the Vice Presiden t of a Vdi<ige C,nmcil ~lial1 Ci:d~" to huld (JITice as su h fort h vit h if he, for ~"1v rcason,cc;1se) to he a member. ( >) Not,.v11hscanciing anyrhing contain ed in sub­ ~:cctiun(l) or SulJ-section (2) above the tenn of the V illage Council shall be co-terminus with the General Council. 34. (!) J\1,y member of the v·11age Counci l may, :it 111\ time b,' ~i·:mL: notice in \\titi11~z addre.s,;ed to the Presi- .f , \·;1~ 1\:sign;11is office : ' 0 1 • \ ! I I ''_I' I! 1!1 i; l'·ov1<.1ccl 1l tt 1n case of the >resident the notice shall i.-.· ·1 1 ldn:sscd tu the V1c.c Pre:-.ident. (2) Such 11.:sig1wt1011 siiitll take cllC'ct from such elate as specified Ill tllc notice 01 ii no ~uch cbtc is spec ified fro m iii,; <I: .. , 0'. Jt.; rrceii)t bv the office bc.irer :1ddrcssccl. I • THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 30. 1995 1593 Removal of members of the Village Council. Fillin;,; np of' 1 :1c:1ncy ill lit l' () l'- li cc ol' I Ile I' re ~ i d c n t or the \'ic<: l'rt:sidcn!. 35. (1) The President or the Vice President or both of a Village Council may be removed from office by a resolu­ tion carried by a majority of the total number of the elected members at 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 members 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 or­ der, 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 im­ prisonment for any period exceeding six months ; or (b) incurs any of the disqualifications meqtioned in section 54 after hi s election as member of the Village Coun­ cil; or (c) is absent from three consecutive meetings of the Village Council. (3) any member of the Village Council who is re­ moved 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 fundame ntal principles of Judicial proceedings, pass such order or orders either con­ firming or rnodyfying or setting aside the order appealed :1gai11st 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. (!~)The order passed by th.e Judicial Authmity referred to in sub-section (3) above, or such appeal shall be final. 36. Any vacancy in the office of the President or the \'ice-President by reason of death, resignation, removal or oihcrwisc, shall be filled up within one month from the date or oc:currcn ce !hereof, from amongst the elected members or' the Village Council in the same manner as has been prc­ ~cribccl in section 32 for the election the President or the \'icc-Prcsic\cnLas the case may be. 1594 TJ-lE 1\SSAM GAZETlT, EXTH.AORDTNARY, OCT. 30. 1995 Salarirs 37 . (1) The President and the Vice President shall be :ll lo"·a nccs whole time functionaries and shall be paid out of the Vil­ and other luge Council Fund such salaries and allowances as may be em ol urn c n t s prescribed. Powers , functions and duti.es 0f the Presi­ dent and the Vice Presi­ dent . ·t1,efing of th e Vi ll age ; · oun cil. (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 power;s, dis­ charge such duties and perform such functions as may be entrusted by the Village Council. (3) The Vice President of the Village Council shall ex­ ercise such of the powers, 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 forego­ ing sub-section, neither the President nor the Vice-President shall exerc ise such powers, perform such functions or dis­ charge such duties as may be required by the mies 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 months for transaction of its business. (2) The meeting of the Village Counci l shall be held at the office of the Village Council or at such other convenient place at such time as may be notified by the President : Provided that the first meeting of the Village Council after the election shall be held on such date and time as may be appointed by the Government. THE ASSAM GAZETTE. EXTRAORDINARY, OC T. 30, 1995 J!S95 rfiaih. or 40· Every membe r of the Village" Council shall a rmat ion. before t ak ing his seat. make and subscribe, before Quorum. omce of th e Village Cou nci'., such person as may be appc.inted by the Governor in his beha f, an oa th or affirmation in the manner a nd form as may be prescribed 4 J. The quorum necessary for transaction of business at a meeting ol the Village Council shall be 1 ~ (fc ur) membe rs and t he decision o f the Village C o uncil sh ..,, ll be by a single majority of votes of t he members presen ~ . 42. (1) There shall be an offi c:e of the Village CnL,nci1 at l'l:ch olace as nrny be determined by the Vilb ge Council with the approval of the Governn,ent. (2) The Gu vernmcr~ t shall, in comultat[on with the P res ident o i t he Village Counci i; appoint a Se~reta ry of tbe Village Crnmci L (3) The Secrehry to the Vill age Council sha ll be · th," Chief Ex1..c ut ive 0 1 the Village Co•m­ cil and : '.1:-iU '. ' .. er u nder the di rection and control of the Pre '\id ,, t . · All other Officers and staff shall be subordinate to him. (<; ) The Secretary shell be prese,nt anditake part m the discu' sion of a 11 the rneetiog1i --of the Village Cnuacil or <.my Committee of the Village Council and mav wi th ·the consent o ; the Pi:esident er any other pe 1·son presidin~ <.iver such meeting fo r li e time being, as the ca'! e may be, at any tim c:: Lrnkc a SL',t cment or give explanation of the facts and circJ :1:-ta n,~e s but :; h ·tl! not b~ entitled to vuk in any such me .; ting. 159l) THE ASSAM GAZETTE, EXTRAORDIN.ARY10C1f. 30, 1995 - - ·--· -·---~-·-----·*· ......... ·--,_-..,,._..,...,,_,..,..., .. , .. ._..~ . - ·-·--- · -~ .... --.. .->O--~-~-........... _..._._ .. _ . ---··--· .. (5) The Govemment may in consultati()11 with the President depute such other Officers or c·:perts, a~ may be required to assist the Village Council on such terms and conditions as may be determi~ed bv the Gorvernment. · · (6) The Government may, from time to .. time, post such other officers or staff as mav be requi . red so as to meet the exigencies but while mat< ing 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 Contidential H .. eports by the Government. (8) Notwithstanding anything cilnt::i.ined m any of the foregoing sub-sections, the Government may, · Ul any time in consultation with the President, with­ draw the Secretary or any other offlcer or slaff po­ sted or appointed by it in the o!Ike of ti1¢ Vi1iage Council. C!l,i\l'TER- VI POWERS AND FUNCTIONS OF THE VILLAGE COUNCJL. Subj~~! 43. Notwithstanding anything contained in any to h: nn~ other law or rules for the time being i11 force , the ec:i u ~be Vil?age Council shall have the executive power in re­ ~~d a~lrd- lation to the Village Council Area over the following nistraticn subjects; of tbc Vi· lla~e cou• 1. Agriculture including AgricuJtwal ,Extension. 01;11. · 2. Animal Husbandry, Dairy Development and Poultry. 3. Fisheries. 4. Social and Farm Forestry/Minor foreat pro­ duce. fuel and foodder . :, 1993 ith the rts, a'.> n such bv the ; um~, requi · naking o the Village village ilt of iall bu ~ej:}Orts 11 any t may, , with­ lff po­ \'i11£tge f HE n anv ce , the r in re­ .lowing ensfon. nt and 1t pro- THE ASSAM GAZETTE, EXTRAORDINARY, SEPT.30, 1995 1597 -·- - ---... -~ ...... .-. -----·- ------ ·--- -----~·-··--·- ·· ·- · ·--~-- ~----· ·-- ~· -·· ~-···-·· ·-- 5. Khadi , Vlllage and Cottage Industries. 6. Rural Housing. 7. Drinking Water. 8. Road. Buildimz, Culverts, bridge~, tunnels, wa­ terwa v« and other means of communica- " tion. '· Rural Electrification. 10. Nonconventional Energy Source:'. 11. Poverty Ileviation Programme, 12. Educ<'ltion including Primary Schools. 13. Adult and Non-formal Educ:ttion. 14. Libraries, 15. Cult um I Activities. J 6. Markets and Fairs. 17. Rural sanitation. 18. Public Hea lth and Family Welfare. 19. \llomen a nd ChiJd Development. 20. Social Welfare including Welfare of Handi­ cEpped and mentally retarded. 21. Welfare of weaker section a'Tid in particular and Scheduled Castes and Scheduled Tribes. 22. Public Distribution System. 23. Nfainl(;: nancc of Community assets. 24. Constrnction and m~·linl .en~nce er l)t-nram salas and sh~:ibr 1nstit ulion. .~ ...... -~ ···----- -- - ----~--------.. -------- 159$ THE ASSAM GAZETTE, EXTH.AORDINARY, OCT 30, 1995 ----·-------~------------ - -···--------·------·- - -------------- ----- 25. Construction and maintenance of cattle sheds, pounds and cart stands . 26. Maintenance of Public parks and. .play grounds· 27. Construction and maintenance of Slaughter houses. 28. Maintenance and regulation of manure. 29. Such other functions as may be entrusted by the Government from time to time. Other m~· 44. Subject to the gneral policy of the Goven.irpent tter 10 be and subject to the general control and superv1s1on bnder 1 the of the General Council, the Village Council shall contro . and adllli- (') ._.. , . · d d l 1 f h mist ratinn 1 iormuiate rntegrate eve opment p ans or t le !lf the Vi- Village Council Area ; llage COU· udJ. (ii) implement c;cbem,-::s and programmes for development of the Vi1lage Council Area; the (iii) have pmvers to appoint Class-HJ and Class-IV staff of the Village ·Council: (iv) have powers to regulate trade and commerce within the Village Council Area in accordance with the existing laws including issue of permits or licences to individua1s \Vithin the Vilhtge Council Area; (v) guide customs and traditions and social Ju stice of the Lalung Community according to their traditi- onal laws; and (vi) allot permits for trade and commerce to the pe­ ople residing in the Village Council Area preference being given to the Lalung Community. P t . 45. (1) Subject to the provisions of any other laws ower o ~ l . b . . f d . impose k- tor tie time emg m .orce m11. subject. to the t?revi- vy an 1 co- ous i::-pproval of the General Council, the village 1!cct tax : ~. 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 mannr as may be prescribed : - J95 'I'HE ASSAM GAZETTE, ~XlHl10riDlNAKY,UCT. 30, 1995 1599 is, is· :er :nt 11 Jl he he IV ·ce th ·es cc ti- le- 1ce ws Vl­ ;ge he !er as ----·-·--·-- ·------·-· -.----- ---·- - - ----- --· --------------. -·--· - ·------------·----. -~r• t ----- Provided that the tax or taxes as aforsaid shall be collected from such date as may be appointed by the Government by notification in this behalf in the Offtcial Gazette. (2) Subject to sub-section (1) and suc11 rnaximum rates as the Government may prescribe, the Village Council, sh::d (a) levy tolls on pe1 sons, vcc~1icies or animals of any class, for the use of any bridge, or road other than kacha road or ferry constructed or established by it ; (b) Levy the foliowi ng foes and rat.es namely:- (i) fees on th~ registration of boats or vcchicles , (ii) fees for providing sanitary arran~ernents at such place:' of worship, pilgrimage, fairs, me­ als nr othr r public places within the Village Council Arca as may be specified by the Go­ vernment by notification in the Officia 1 Gaze­ tte; (iii)f ees for ncenccs (iv) water rates where arrangements for irrigat1on or drinki n.g water is made by it within the Vil!age Council Area; (v) lighting r:ite where arrangements f ·.r lighting on pub'ic streets 01 places are made by it within the Village Council Axea. (3) Notwithstanding anything contained ;n the fo1egoing sub-sections, the Village Council shall not unde r ta ke registration of any vcchicle or levy any fee in respect thei·eof and shall not provide sanitary arrangements at places of worship , pilgrimage, fairs, melas or other public places within tbe Village Cou­ ncil Area or levy any fees in respect thereof, if such vehicle has already been registernd by any other . authority under the law for the time being in for ce or if such pr.~vision for sani ' ary arrange ments has already bee:1 made by the Government or any other local authority. 1600 THE ASSAM GAZETTE. EXTRAORDINAR~\ 001' . 30, l995 ----·- - ---- (4) The Collection of tolls, fees or rates and the te­ rms 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. Powa 1<" 46. Notwithstanding anything contained in this Act ent; ust ru- the Government may, in consultation with the Vi­ ocl!ons . Hage 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 {;Xtends. Power i.o 47. Notwithstanding anything contained in section acqui re hc-3 1, the Village Council, subject to the prevoius app­ Jd ai,d di - roval of the Government and subject to such terms spose r}f and conditions as may be imposed by the Govern­ property. ment, shall have the power to acquire hold and dis- pose of any immovable property or movable proper­ ty the value of which exceeds rupees fifty thousand and to enter into any agreement or contract with any party or authority. CHAPTER : VII ELECTION Delimita- 48. (1) There shall be 10 (ten) constiutencies in a li on. Village Council Area for electing ._members to the Village Council. Each such constituency shall be a single ~ember 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 Coun­ cil Area or the Council Area shall be delimited for the purpose of election of members to the Village Coun­ cil and the General CounciJ_ te­ l be bye­ ! or Act Vi­ or its not tive :ion :pp­ rms !rn­ dis­ )ef­ and dth .n a the i be rial. lCieS ; to be ;hed >rial mn- the 1u11~ Jt,:e .,: torn! }it oil~ . Ri1ht to Vote. Provided th :, ~ no such order shall b·_· 1w:d 1 • 'h ~ com111e::1ccmcn1 of' 1:Y.: cbci.;on proce::>s . 50.(1) Suhjcct Lo the provisitio .:t:1 of th is 1\: t.. and thr rnks made thf..Jc:under, so much of ih'.: det_'tc•-:11 roll for the Assembly Con~tit;,ikncy in fo re;: c,;1 th~~ last (·1··1te o•·· 1· v··, ·11 1· l.''1 t ·1.( ) '"' <1 '· i·" , ,, . .-1 ata1ol"" ·•l·" " '\11·1, l ~a,~ (. J !. l 1o. 1. l(..'- .. ! l ~ '""" ' ._,; t..,•~ L .-.'\:. ·J (.., .-.. (.. .. t;_,'-' Council Constttue:l.cy, as ddin cd in ch1 1 c~e (c) of St'> tion 2. shall h~ the electoral roll fur that Villagl~ Council C0n.st.it1:ency. (2) Th " > lr•~t ·!:> J l'{ · .f th •· \"" l l--,r;-.~ C .,_~·1 C1 '" .. · C c -~ 1.. 01 <• TO S C , ' "· , 1,,,,0 .., . O!.L1'..l 0 11- stituencies as are relatab! 1~ to a constitucn·.:y of t; !..; General Council, as defined in chrnsc (c) of · Section ~! , shaH be the electoral roil for tL ,~ consti tuency of the General Council. (3) Persons whose names are includ ed i,1 the eJe. ctoral roll as aforsaid in sub-sc~tion l ~) pr _ (2) above, shall be the electorate for tne election of mem·­ bers of the Vill age Council or the Genera l Co u i l , as the case may be . (4) The G overnment shall, at the time and in the manner prescribed, cause to be published the ele­ ctoral roll in respect of 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. (2) No person shall vote at an election -·------­ m any constitutency , jf he is subject ! Ce_nt1:~ 1~er1 to any the c f qualifications referred to in ! _ u :.'1!9-.)1. · section 10 of the R epresentation of People Act, 1951. (3) No person shall vote in more than one cons­ tituency . (4) No person s11a11 vo!e in the s::i.mJ conslittol·· tutcy more than once. (5) No µ,,rson shall vote at any elec.tion if he is confined in a mi son. whet.her under a sentence of im­ prisonment o;· oth~rwisc or in the lawful custody of police: Electi0n of m en.· 1-.~ •. u1..~ :::. Disquali. fi.c ati on ],,,­ .!T'' mber­ ~!--,i p of Viil<l.'Je Com~cil f....r Grne· ra I C0t.n­ cil. P-o\·;der1 "h ·1t 1·ot1·1:.,,., i·· tt'1·s sub-s"'ct1.or1 sb',•11 . J. 11 _ • ...-'-.1- L;·c .... ~:.\. 1 l.U,b .h ll "' - t. apply to r• persor'. subject to. p~ev~ntive detention under any law fur the time b1::mg m force. 52. Election of members shall be held rn accor­ dance with the rules made under section 60 and the fast election fo1 the purpose of constituti ng the Gene-­ ml Council a n.d the Vill<u:-:e Council::; shall be held on . ' , h ~ G l' . suct1 a.ale or aates as LH~ -overnment r.·iay c11rect in consultation with lhe Interim Lalung (Tiwa) Executive Council ref erred to in section 80. 54.(i) A pc1son shall not be qt.mli:fied [OL· e1ected eithet co tbc: Villagt; Council or the General Council, if (a) he is not a citizen of- India; being (b) he is less than 18 years of age on such date as may fixed by the Government ; or (c) he has been c1ected to any Municipality, Panchayat within the State of Asscim ;or (d) he is in service of the Central or State Government, Municipality or other authority ;or (e) he has either directly or indirectly by him­ self, or by the person or employer or employee, any share or int~rest in auy contact with by or on behalf of the Vi­ llage Council General Council, or a Mu­ nicipality or Panchayat within the Council Area I 1995 t' h ,,:; is of im- 1stody shall :ntion .ccor­ i lhc Jenc­ \d O ll ct in . 1t1v,; .d as :ncr~ti (c) o f d'.l.te 1al ity, 111 :or State other him·· er or ai~-1y : Vi· \tiu­ t be THE ASSAM GAZETTE. EXTRAORDINARY. OCT 30. 1995 1603 - .~....... . ....... Provided that no person shaJl he deemed to be so disqualilled by reason only of his having a share or interest i J ~1. public Company, as defined in the Coinp:rni~s Act, · I 956, (Central /\;·:t of ! 9~)(,) which contracts witll or is employed iiv - a Mu nicipal Aut orily or PandL~- fcenl131 '.q\ yat within th ;; Council Arca; 01 ,,f :·15<- (f) be has been dismissed from the '.--.c-rvic.~ of the Ccn tral < r State C1ov1'r;1 :;10111 or a local authority or a Co-·Operat iv,~ Socie­ ty or a G ovcrnn ;.;1·~t Company ?S dd~u, d in the Cornn:ini("' .\('t. :956 or .. Con)or;'­ tion owned. or rDnlrolL..:d bv ! he et'.ntr:1 l or tl1e State Gcvernment for rni::;cond uc1 i.nvolving moral 1urpitudc and fiv·~ y1.ar'; have not elariscxi frorn the <hi.· ~ , .cnt<::i.1 Act of such dismiss;:\] : ( )j I (·f 9 (, ; (g) he has been ;:idj udgcd by a q,)mpd,·n~ court to be of unsound mind ; or (h) he has been c011v1r;icd bv a cow I of an offence involving mornl • i u: nitudc puni­ shable with im1)1·isonir1<::.ll f~\r :1 Ot.\ ind of more than six ino11tlis 01 a11 ~!1\.;nc• __ under Chapte1 IX A of t~1\.' I •1d(~u-! 1\· n~ii Code or Chapter Ill, :1~u·· Hi ... w pflt t VU of the Represc.:nlation of rn..:onks Act 195 l and five yc~H'·: hive ~1ot cl:ins°i"'d from the date of cxpir;d ion uf th,:: ~~t;·11<.~rwe : Provided th'."t ~- p:~rs0~1 ~'ltait not ht: .::fr,­ qualincd UJ1d l)f t!·1 iS SCf'lion, by IV1''0il only of his b1 .~ i ng a f\.kriiher, .. P1\ .. ;,.J 11 t or Vice-President of t1tc Villng•; Cn11th'll or a member, Chief Executive C ,rnwi'. lur or Executive C0 11 nci1lor of tht: G.w.:ra l Council. 1604 THE ASSAM GAZETTE. EXTRAORDINARY, OCT 30, 1995 Filling up 55. Where the onice of any member" bcco1nes va­ of vacan- cant by reason of his death, 1esignation, removal or cies. otherwise, the vacancy sha li be filled. by election in accordance with the proviswns of 1 his Act and the rules made there.uncle .. V J. J . . 56. Where tl~ m embers elected '.11 an election are a ic at 1 ~HI · d f r . · · f I I rcstrame .. rom iunct1or1mg on acconnt o t le e ec t-- ion as a whole being · ,;t aside by order of a co urt, anything done ur any :iction taken by such member<-: before they are so restrain~'.d 01 before the eiection is so set asid,· as the c:1.s'" may be, shall be deemed to have been validly do11c or taken. Publica- Si The narne of «.ii persons elected to Village tion or re.Councils or th e General Council sha ll be pnbJish ecl sua~ of by the Government in th e Ufficial Gan'.ftt:: a nd upon e lections. such publication the Vi llage. Ccuncils and the Gene- ral Council shaU be '~eerned iJ 1 have hrr'.n cluiy Vacation ol pns L Disputes regardir:g el r-ction , constituted. 58 . If an elected member is choosen to be a me­ mber of Parliament or 1hc St::11c L( t:.i';lat urc and of the General Council in rase of ;: mc:iT: bcr of the Vi­ llage Councii, then at the cxpin, ti or of four teen da ­ ys from the dat~ of publicati01· ir tik· Gazctt,· of India or the Official Gazette, ''-S th: c ... ;s,: may he , of the declaration th at he hc:L:.; fven ::o choosc·n . the seat of such memher in the Gencui Co tincil or the Village Council, as the case may b ;, shall b1..'cume vacant unless he has previously l".::;ig1icd hi'; sea t in the Pariiament, or tl-w State Lit:,f~islaturL· or the Generai Council,, <ts the '.ase niay be. 59. (1) No election shall b,· caned in CJUL'.~1tion except by an election petition rrcsentcd in such ma­ nner as may be prescribed and befon· such au tho­ rity as may be appointed by lbc Government., from time to time, by notification in the O!i!cial GazNte ; Provided that no person bdow ihe rnnk 01 Assistant District Judge, jn c:J.se or rn ernbl~r of Vi­ llage Council and District Judge, wilhi;n !he rn~;aning of Article 236 of the Corn'titution, in case or n1cn, lxr of the General Counci l, shail l°'(' ::wp cirtted for the pnrpose. ~ f: ! i ~· ' • 0, 1995 If.'<; VC!·­ ,y;ij 01 lectior1 Act m arc elec t-· CO LI rt , m ber~. ~ction emed i! lage .ish ("(i upo.n .J c ne-­ d 11J y mt>­ d of ~ Vi­ ' da-­ : o f he , he th e 111 te t l[J tl1 e lion nrn ­ Jrn­ om k ; of Vi­ m g bcr th e TH.E t\c'c1\ll!T ("'A/'•''1"!.'l•' ,,,.,<''I'I'A''"'l!''N "I·~ y Q(~rf '2 0 100.- 16()5 - - _, ~,,_ '} - .J. -111" _Jl'...! ... ,. _,, l:;.{~ - .\..' \j l \. - .l £ )., ~ ' _.l • J ' . .J.?.J :l ExvlarH"· tiori . r- ---- (2) No electio n shall be called into question ex­ C\_,pt on any one or more of t he following grounds, 11:1m !v: · (a) that on the date of his election the retu­ rned candidate was not qualified or was disqualified to be cboosen to fill ihe scat iii the Village Council or tht:: General CounciL as the case may be; (b) th~d. corrupt nractice has been commi­ tkd hy till; returned candida te or his election agent or by any ol her person' with i·hc consent of the re­ tunwd candidate or hi~. election agent. t;'or this purpo_:;e_, sh·1 ll n '"1'1 ·1··1y ·)f· t" · \.....; -.. ~C .... ,,,,(. -~ ;: l \ , ~·Lt\., Spl: ii!(:d in : 1~ction 123 of" of Peoples Ai.:t .l 951. ' t . "' C A 'corr• 1pl prat: lCC Neutr 4 ,·11 -~r" ' 0 3 0 corrupt µract 1 c 1~s t 9SJ , · the Representa tion (c) that any nominatw n has !x:cn im properly re­ jected :, (d) that the n;sult of the dcc t1on in so far as it concerns the n .. ,tnnJL~d candidate has been mat.criaily <:l ffectcd ·-·· (i) by Lbe unpropt:r acc1.:~pta nce of any no1m .. nation; or (ii) by any s(HTUDl oractJce committed 111 th1.~ intcrcsl oi U1c returned candidate by an agent ()ther tban hi~ dcclion agent; or (iii ) by improper rcceptior?, refusal or rejec­ tion of any vote; or (1v) by reception of any vote which is void; or (v) by any nrm-cmnpliance with the provisi­ ons of this Act or of any rules or order made thereunder. (3) At llk conclusion of t rial of any election pr:tition, the authority appr,mted under sub­ sect ion ( 1) shall rnake an order--- 1606 TU»: i\S:)AM Gi\ZET'fF l'.::XTHAORDINARY. OCT. 30, 1995 (a) dismissing the election petition; or (b) cLdaring the election of all or any of Lhe returned candidates to be void ; or (c) declaring the election of all or any of the rel urned candidates to be void and the petitioner or any other candidate to have been d uly elected. (ti) If a pclitioner, in addition to calling in ques- 1 ion the election of a returned candidate, nw kc a Jec!aration tha t he hiit1self or any olhcr candidate has been duly elected and the authorjty under sub-section (1) is of the opinion th'.:lt: - (a) in f"act the petitioner or such other candi­ date has received the majority votes, or (b) but for the votes obtained by the retur­ ned candidate by corrupt practice the netit.ioner or such other candidate would have ohtained the majority of the valid votes, the authority as aforesaid shal\, after declering the election of the returned candidate to be void, declare the petitio­ ner or such other candidate, as the case may be, to have been duly elected. Power tn (iO. The Government may, ·by notification in the rnakc r~.1 l (';8 in the Official Gaze tte make rules to regulate all or rc:·ulatw~, any or the followiwr matters for the purpose of hol- t.hc clecu. ,. • . ·1 b v·11 c ·1 d h 011 of n11:- c:!_'.ng eiect10n tC? t 1e I. ag.e ounc1 s an to t e mbcr ~. t.._1ic~neral Council under this Act :- (a) the designation of the Officer or autho- rity to whom the power to determine the territorial limits of the constituencies under the sub-section (2) of section 48 may be delegated and maintain the ele­ ctro! roll under section 50 ; ------------------ ] - ~-.::, ....... ----:-:::::--. ... ... - .. ~-~~· b,,_ , ,, it l ~t THID ASSAM GAZETIE. EXTRAORDINARY OCT. 30, 1995 1607 ---·---·- -- - -- (b) the appointment of Returning Officers, ~· , Presiding Officers andf~Polling 'Officers ~~F' for election; ( c ): the! dra wingjup3of fprogramme for election; r,~ (d) the·~nomination of candidates and scru- 1~.;;,_tiny of such nominations ; (eFthei deposits to!be made by the candida­ :<:~'tes" and the tinie and manner of making ~!{such deposits ; (f) the withdrawal of candidature ; (g)jthe appointment of agents of candidates; (h) the filling up of casual vacancies ; (i) the general procedure at the election in­ cluding 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 matter 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 provision in ·this Act or the provision is insufficient and in the opin~o.n of _- the Government adequate prov1s1on is necessary. CHAPTER-VIII FUNDS, AUDIT AND BUDGET. General 61 . (I) There shall be two funds to be called respect­ C ouncil f?·tively the General Council fund, meant for the Gene­ n1d ancd Vi- ral_ Council and the Village Council Fund,I meant l age OU• C' b v·11 C ·1 . ncil Fund. 1or t e I age ~ ounc1 s. ~:.." . (2) Each fund as aforesaid shall be under sepa­ rate Sub-Heads within the State Budget to be held for """• • ----- -- --- - -- • • M - - ·---- the purpose of' th.i s Act, and all money:;, realised or reali'.'labk undc:r lhis Act, and all moneys other ·· wise n~cciwd by the General Cou nc il or the Village Co-uncil, as the case may be, shall he cred ited lo its res­ peclivr;; fund. (3) The Gownimcnt. :)hall prnvidc · fund~ to the General Counci! F1111d :ind Lhe Village Council Fund from the T ri bal Sub~Pl;tn and other res< urces in accor­ dance with the appropriatG formulas to b1~ woiked oui: hl,:jping in mind the resources of the Gover nmenL priorities on dcvc lo pmcllt worh in other areas .inclu, diug o lhc1; tribal areas along with other relevant dl~cidin e factors. ·- (4) The foi!uwing sha1J be deposited to the Vil!a­ g~ Council Fun<l : (a) Contributions,-:and grants received from th .· Government. (b) Co ntributions amt grants from the General Council. · (c) ;-\JI receip t'> nn dccount or donatinn , rates, . ' lees, Laxes, etc. (d) Ail other su1m; rec0.ived by o.r 011 bel-icilf of the.: Village Council. , .. (e) Lwd R~wn ue and iocal iaks. if J.nv. on land including Tea Garde1L whi ch - falls in the village Co uncil Arca. (5) Tl:h:: aJ:ocJ.titHt made under tb ·se Sub-H.eads shall be in keeping with the gufrielin es la id down by the Government pf India fro m 1 ime to time in tlie spiriL of the Con:::;titution of fndia.~j (6) Tlw Govcrnm1:nt ~hall not dive rt the fund alloc~·1ted under 1hc~c Su b-Heads ecxccpt in exjgen .. cies when tbcre i::i lllr1voidablc Ludget deficit. (7) All funds, a~ may be a llocated by t he Cen 4 tral Government or tb c Stare Government for tho General Cou11cii or the Village Council, as the case may be, s1mJ1 be assigned to It and sltall ·be credited . ---· --·--·-- -·----- ·- ·-·---~~~ ..... THE A.SSAM GAZETTE, EXTIU\UP.Di.NAll.V. OC T. 30. 199;) 16\)9 -- -·- - - ··· ·-·· .- - ... _. --- to lbc General Council Fund or the Villn g."" Co undl Fuud,~ n.'~ lhe case 1m1y be . (8) The Gcncr.:l Com:cil nr tl1l' Villaf!,C Co uncil as 1hc ca1.;c mn1 bi· <;uhi,:c~ ro thr ~-1rov 1 s ions of einy. 1:1w 1dali 1 i~; tc,·rh.; r~i:-.1r 1_t' ur loans' by local au~ thori11,·s m1y rn.1·-w w11h 1h< approval of tbr' Governmenr loans for the pt1rno:-:r<; of 1 h1 .1\c1, ancl c1 ..::.He a sink­ ing foud for 'the. rC'payrncnt of "iUch Joan . (9) The money credited to the G c:ncrn! Cou ncil Fu nd 01 lhc- Villap1' Counci l Fund shn !1 be appli­ ed for tlw payment or all c; urns, charges 2nd costs ne­ cessary for canyinp ou1 lhe pu rpo ses of this Act. (10) No p~1ymcn{ r.; halJ be nndc OU[ of the General Cu 1111cil F\tlld or. th<· ~.,,'ill:i~rc Cou nci l F1ll1d unless ·s 11ch cx pcnditun· is cuwrl'd l~v ,1 cu1 rent budget g1 ant: Provided that t.hc Gene-ml Council or the Village Comwil, ns Ow va<;c nrny he, m;1y make pnymc nts in tt:· m ~. of JL:foudofdcpo~:ihh\', ("'onlracto1s or for ur­ gent works undcrL1k,·i 1 in :111 ,: mcrgency or when re-­ quind by th1.: Govcrnm•,·;1t in 1k ii tcrcst oC Ille pub­ hc or under the dccrc1· ur order l>'. :1 c ivil or critninnl court :u.J:a:n~;i 1Jw r; ·n(;r:tl Cu dn ci l or the Village Counci l 'IS 1111· c:is(· ni<'_V hr·., and for such otbe1 cnscs ns may bL: presci ;',,.cl: Prnvidc<l foul.her 11l <1l Sll<.:li c· xpcmditu1\~ sha ll be repor­ ted to the Gc11eral Council or th<.: Village Council, as the case may be, for taki :!:' s uch action under th e pro­ visions of this Acr , as rna .i appear to it to be fea­ sible for covering t.hv <mHn:111 of such r nyments. (1 l) Surpl us money~· st:111ding :11 llw crvd1t of the General Council or thv Vil !ngc Counc!I , as the case 1nay Ix·, at the end of the l::;innncial Yem , shall bc.' ir1v(:s t d in accordanco.: with '~ucJ1 bye-bw ~ as may be made b/ tbC" General Co uncil , in tbi s b .. ~h llf : -"'--'-·~=""'""'-- 1610 THE ASSAM GAZETTE, EXTRAORDINARY oCT. 30, 1995 Audit Budget. ------ Provided that no funds standing at the the General Council or the Village Council, as may be, shall be lapsed but shall be carried the budget of the next financial years. credit of the case over to (12) The General Council shall make bye-laws for the management of the General Council Fund and the Village Council Fund and for the procedure to be followed in respect of payment of money into the said funds, withdrawal of moneys therefrom, the cus­ tody to the moneys therein and any other matter inci­ dental thereto or connected therewith. (13) The accounts of the .General Couneil and the Village Council shall be kept in such form and manner as may be prescribed in consultation with the Accountant General , Assam. 62. Subject to the provisions of the \- - 1 Comptroller and Auditor General's (Du- 1 ~~~~·;~ I ties, Power and Conditions;~of Service) Act, I or 1911. I 1971 and the rules and the orders made there--- - --­ under, the audit of the accounts of the General Council and Village Council shall be entrusted by the: Government to the Comptroller and AuditorGeneral of India who may submit to Governor such report th'ereon as it may deem fit. The Government shall transmit the report to the General Council and the Village Councils for discussion and consideration. The General Council and the Village Councils shall return the report to the Government with comment of any, the Government shall lay such report along with the comments of thE; General Council and the Village Councils before the State Legislature. 63.(1) The General Council shall at such time and in such manner as may be prescribed prepare in each financial year a budget of its estimated receipts and THE ASSAM GAZETTE; EXTRAORDINARY, OCT. ~0, i995 1611 Effect of bye-'1w. etc; Power tfl iuuc in· · :.t.u,tlon . disbursements for the following tinancial . years and submit it to the Government bv 1st November of current financial year. The Village Council also shall prepare its budget in the like manner and shall submit the same to the Gen~ral Council for consid~ration and onward transmission to the Government 0 !1 or before the I st October of the current financial year. (2) The Governme11t may within such time a.;; may be prescribed, either approve the budget or re­ turn it to the General Council or the Village Coun· cil concerned, as ,the. case may be, for reconsidera­ tion on the observations of the Government, if any. The General Courn.:il or the Village Council cor1cerned as the case may be, shall thereupon resubmit the budget ::1;1ongw1th its Comffic;1ts on the observation and if the approval of the Government upon such submission or resl.!bmission as the case [may be, is uot received by the General Council or the Village Cour;.cils as the case may be, the budget sha!! be deemed to hav~ been approved by the Government. (3) No expenditure shall be incurred' unless the budget of the Gener~: ! Council , as well ac;; the budget of the Villag:e Councils are either anoroved er deemed to have approved by the Government. CHAPTER--lX Mi~llaneous 64. All the bye-la\VS,-· regulations rnade. orders passed-and r.otificaticn issued under this Act, by the Genera1 Col!1:.cil or the Executive : Goundl :. or the Village Counci!s a<i the case may be · shall be subject to maintenance of security and safety of the State of Assam and Government sL1<d1 have the po\v.;rs to take such steps as may be de;.;med necessary. for the purpose. 65. The Governm~nt shall have the General power to issue ins·(i·uct.ion;:; · from ~ir,L to Lime iur th,,; ~mr­ pose of implemeutati •.ii: of t i1i s / h ' \. ' " Pro tecti~n 66. .\ U rights at; d inte rest o :· th ·~ 1 ·on-aib:J ~f the .. r !g- citizen~ a nd other etheni c g: cups other than the ,.ts ui tnc I , 't · h' 1- r. ·1 · A · noH-tribal ,<: tung commum y w it . In t ,~ d ? t:r ·ci . · re:". as cx 1- and 0thcr st <1 t th~ crmmf'ncem~n t 01 lhi s Act ln matters ethenic rar t : '.inin ~ t0 the ir language litepnure, culture , groups. rdiginn, customs and traditions , trade and Comm- erce, Industry, hnd, etc. , sl1all he protected. Properties 67. (1) S1 ,bject to such restrictions a!ll the •ituatc in Go vernment n.ay impose all properties specified t!ic C mn- below and situated in 1he Coun'cil Area shall vest ctl Area · d b 1 G l C ·1 l m an e ( ng to eller<''. ounc1 , name y - (a) all p ublic buildings con'tructed or main­ ta ined out of the general council fund. (b) a ll public roade which have been const­ ructed and maintained out of the General Council Fund and stones ~md oth er mat­ erials there ef and als._1 .trees, erections, materids implements and _things provided for su. ch roads ; . (<' ail land 2.nd ?ther pcope r tie~ mov<J.ble or immovable tra t1 <>fo rred to foe General Council by tl <1.: Government; (d) such properti e3 owu~d :ind ci>ntrolk d by the Municipality or the Panchayat 2s . may be assigned tn the G eneral Council · by the Government. (2) Xo twithstancfo}g anything containe<l in sub-section (1) above all the prnperties specified in sub-section (1) and· construction and maintanance of which bas been done out of village council fund shall vest in and belong to .• the Village Coun­ cil within the area in which the prop~rty is situated . (3) The properties vest~. d un<l er suh-sect ion ( 1) or (2l above and all the p:-operties which may become vested in the General Coun cil as the case may be shall be under the man agement, direction and control of th e General Council or the Village Council concerned as the case may be. TH.I: ASSAAi GAZETT~~ . . EXTRAORClNAR Y, O C T . ;~0. i99'.') 1613 Ui1s.luti- · 68. ( l ) The Governor may, if I e is sati:,5ed 08 of Oe-f r rl'Ceipt of a report or otherw i ~ e and in consultat;c n aeraJ cou. . h h J d. . 1 D . . h ... , ncil , Exe· w1t t ~ u.JCJa . ep~rtm e~t 01. t e vove~n~cnt eutive Co- that a situation has anstn in which th e adm1mstra­ uncil and tion of the Co uncil Area cannot be ca rried out in Village acc(.rdance with the p : ovi s'ions of the law for the council time being in force or the gen· ... ra l or the special instruetions issued bv the G ovel'f\ ment fro m time to tim e, by notifica tion irl the Officia l Gazette, dissol ve the General Council, the Ex(~ cutivc: Council and tLe Village Councils bcfor •: the exri ry of the te rm~. and P. ssume to l'imself nll o r irny of rl :e powers and funct ;ons of the G cnen'.l Council, the Execu tive Council and the V illage Councih and declare tha t such powers aod func iions sh~ll b ~ exercised by such persons '?r authority as ~c m_ay sp-cify in th_is behalf for a period not oceedmg ~ 1x months at a time. l2) Every order made under S'.tb- :.cction(l ) ab0ve ahall be laid before the State Legisla ture for appro­ val and unless apprc ved by the State Legislature shall cease to orerate on the expiry of t l' irty days from the date on which the Assa m Legislative Assembly fir11.t sits after the issue of the orders. Eiicct of 69. When <:'.l~ order of di ssolutio1~ is made di.aaoh1tion under Sec! ion 68, with effect from the date of orders- ' {a) all the members , f the G eneral Council, the Ex:.cutive Council and Village Councils (b) sha l1 vacate their offices , and "' <'!ll powt:-rs, duties, functions of the General Cvuncil, the Executive Council and the Village Councils shall be exercised, dischar­ ged and performed by such authorities or persons as n;iay be appointed by the Gover­ nor in this behalf. S~!al 70. The Government shall consult and give r~~0c~~0~ due regard to the views c.f the General Council be­ cil Arc:S. fore any law is made and implemented in the Coundl Area e n the following subject namely- - (i) the religious and social practice of the Lalung (Tiwa) Community : 1614fH.E, ASSAM GAZETTE, EXTRAORDINAUY,OGT. 30, 1995 --- - ---- ·------------ -- --------------------- (ii) the Customary laws and procedures of tlle Lalung (Tiwa) Community ; (iii) Ownership and transfer of land within the Council Area· ~eserva- 71. Su bject to the provisions of the· law for ~~~!1 v· the timf: being in force the Geue.ral Council shall 1 ser 1ce1have the power to reserve jobs for the Scheduled Tribes within its jurisdiction· Members, 2 Th Ch' f E · C ')l h Officers 7 . e Ie xecut1ve ounci or, t e em ployees Executive Councillors, the President and the Vice to be pub-President of the Vi11a2e Councills shall be dtemed lie servantsto be public servants ~ithin the meaning of Section Validation 21 of the Indian Pane] Code· i3· No act or procceedings of the General Council or the Exec11tive Council or the Village Council ' as the case may be, shall be deemed to be invalid merely by reason of existence of any vacancy therein or any defect or irregularity in the constitution therec-,f. Indemnity 74· No suit or other legal proceedings shall lie againt the General Council or the Executive council or the Village Council or any member or officer or employee thereof for anything done in good faith or intended to be done in pursuance of this Act, or any rules or by-law made there­ under. Interpre~ ta ti on. Removal of · diffi­ culties. 75. If any question arises as to the interpre­ tation of this Act nr the rules made thereunder the same shall be referred to the Government whose decision there on shall be final· 76. If any difficulty arises in giving effect to ;my provisions of this Act; tlw Gove,rnment may by order,do anything not inconsistent with the provisions of this Act as may appear necessary or expedient for the purr ose cf removing the difficulty . I THE i~SSAM GAZETTE, EXTRAORDII, ARY,OC.T.30. 19951615. ----~--·-------------- ···- ---:-- -- ---.---:-~--· , .. ..----7 · ~ ·-· -. -:·,-:---~-·:.._. S~cci.d status 77. The General Co uncil shall, within the laws for the time being in fr rce, ta kc steps to protect the demographic complexion cf the areas falling \.VitLin its j u.r isdiction· A;pplica- 78. If any provision of the bye-law, made by Ati on 1. tolf the General Council is repugnant to <lny provision cl 0 ie f th 1 ' b · I · f h S Legisla- o e aw made v the Leg1s ature o t . e tate ture of of A <sam, w itl 1 ; cspcct t · ) rha·t matter than the State the by-Jav.:s "O made, whether bei, re or after the law m2.de by •he Legislatur•.: of the St::::.te of Assam, sl: a11 L1 the extent of repugn -:ncy byvoid and the law made by tb e Legislature sha J] prevail. Power lo 79 (1 ) T11e G t m k l make rules . . - overnmen iuay a e ru es prov1dmg matter which with any provis;on of this Act is required to be prescribed or to be provided for by rules. (2) Every mks made under this section shall be laid as soon as may be after it is made before the State legislature, while it is in session tor a total period of fourteen days which may be com­ prised in one session or in two or . more succ­ essive sessions and if before the expiry of the ses­ sion immediately followi ng the ~css1o_n or the sue- , cep5ive session aforesaid , the St: :'te Legislature agrees in making any modification in the rule or tLe State Legislature agrees tl1.at 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 ; Transitional p1·ovi1ions. Provided however that may such modification or annulment shall b.; . without prejudice to the validity of anything previously done under the rule. 80. The Gov1;rnment shall a;; soon as po~sible, take steps frr the constitution cf an Interim Lah;ng (Tiwa) Executive Coun .:il by · nomination untill the General Council is constituted under this · Act. The Interim Executive Cc u nci] · shall, in addition look after the duties of "the village Council; till the same a re constituted under this Act. 1616 THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 30, 1995 ------- -- Saving 8]. Nothing 111 this Act shall affect the appli- cations of any law, whether made before or after this Act, to the Council Area unless such law specifically provides for exclusion of the Council Area of such application. Explanation For the i: urpose, of this section 'Law' shall, Repeal &. Saving include any enactment, Act, regulation, order, bye-law, rules, scp eme, noti:fica ti on or other instru­ ment having the force of law. 82. (1) The La]ung (Tiwa) Autonomous At~am Or- dinance Cot1.ncil Ordinance, 1995 (Assam Ordinance No. v o{ No.-V of 1995) is hereby repealed . I99S. (2) Notwithstanding such repeal any­ thing done or any act:on taken under the said Ordin2.nce shall be deemed to have been done or taken under the cor­ responding provisions of this Act. M. K. DEKA. Joint Secy. and i/c Secy. to the Govt. of As~am, Legislative Department. GUWAHATI-P.r inted & publ is'wd h v the Dy. Director {?.&S.). Oirectcirate of Pig. and Stv . / \SSim, Q,;waha.ti-:H (Bic-Gazette) No. 46l-740---50U-··30.I0-1995, ' ·