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THE LALUNG (TIWA) AUTONOMOUS COUNCIL ACT, 1995
The Lalung (Tiwa) Autonomous Council Act, 1995
Sections
An ACT
Section 1
CHAPTER I
CHAPTER I - PRELIMINARY
Section 2Section 1(1)
Section 1Section 1(2)
Section 1Section 1(3)
Section 1Section 2. Definitions
Section 2Section 2(a)
Section 2Section 2(b)
Section 2Section 2(c)
Section 2Section 2(d)
Section 2Section 2(e)
Section 2Section 2(f)
Section 2Section 2(g)
Section 2Section 2(h)
Section 2Section 2(i)
Section 2Section 2(j)
Section 2Section 2(k)
Section 2Section 2(l)
Section 2Section 2(m)
Section 2Section 2(n)
Section 2Section 2(o)
Section 2Section 2(p)
Section 2Section 2(q)
Section 2Section 2(r)
Section 2Section 2(s)
Section 2Section 3(1)
Section 3Section 3(2)
Section 3Section 3(3)
Section 3Section 4(1)
Section 4Section 4(2)
Section 4Section 4(3)
Section 4
CHAPTER II
CHAPTER II - THE GENERAL COUNCIL
Section 32Section 5. Incorporation of the General Council
Section 5Section 6(1)
Section 6Section 6(2)
Section 6Section 6(3)
Section 6Section 6(4)
Section 6Section 7(1)
Section 7Section 7(2)
Section 7Section 7(3)
Section 7Section 8(1)
Section 8Proviso to Section 8(1)
Section 8Section 8(2)
Section 8Section 9(1)
Section 9Section 9(2)
Section 9Section 9(3)
Section 9Section 9(4)
Section 9Section 10(1)
Section 10Section 10(2)
Section 10Section 11(1)
Section 11Proviso to Section 11(1)
Section 11Section 11(2)
Section 11Section 12(1)
Section 12Proviso to Section 12(1)
Section 12Section 12(1)(e)
Section 12Section 13(1)
Section 13Section 13(2)
Section 13Proviso to Section 13(2)
Section 13Section 14. Oath of affirmation by members
Section 14Section 15. Quorum
Section 15Section 16. Head quarter of the General Council
Section 16Section 17(1)
Section 17Section 17(2)
Section 17Section 17(3)
Section 17Section 17(4)
Section 17Section 17(5)
Section 17Section 17(6)
Section 17Section 17(7)
Section 17Section 17(8)
Section 17Section 17(9)
Section 17Section 17(10)
Section 17
CHAPTER III
CHAPTER III - POWERS AND FUNCTIONS OF THE GENERAL COUNCIL
Section 72Section 18. Subjects to be under the control and administration of the General Council
Section 18Section 19. Other matters to be under the control and administration of the General Council
Section 19Section 20(1)
Section 20Proviso to Section 20(1)
Section 20Section 20(2)
Section 20Section 20(3)
Section 20Section 20(4)
Section 20Section 20(5)
Section 20Section 21. Powers to entrust functions
Section 21Section 22. Power to acquire hold and dispose of property
Section 22Section 23(1)
Section 23Section 23(2)
Section 23
CHAPTER IV
CHAPTER IV - THE EXECUTIVE COUNCIL
Section 85Section 24(1)
Section 24Section 24(2)
Section 24Section 24(3)
Section 24Proviso to Section 24(3)
Section 24Section 24(4)
Section 24Section 24(5)
Section 24Section 25
Section 25Proviso to Section 25
Section 25Section 26(1)
Section 26Section 26(2)
Section 26Section 26(3)
Section 26Section 27(1)
Section 27Section 27(2)
Section 27Section 28(1)
Section 28Section 28(2)
Section 28Section 29(1)
Section 29Section 29(2)
Section 29Section 30. Quorum
Section 30
CHAPTER V
CHAPTER V - THE VILLAGE COUNCIL
Section 104Section 31. Incorporation the Village Council
Section 31Section 32(1)
Section 32Section 32(2)
Section 32Section 32(3)
Section 32Section 33(1)
Section 33Proviso to Section 33(1)
Section 33Section 33(2)
Section 33Section 33(3)
Section 33Section 34(1)
Section 34Proviso to Section 34(1)
Section 34Section 34(2)
Section 34Section 35(1)
Section 35Section 35(2)
Section 35Section 35(3)
Section 35Section 35(4)
Section 35Section 36. Filling up of vacancy in the office of the President or the Vice President
Section 36Section 37(1)
Section 37Section 37(2)
Section 37Section 38(1)
Section 38Section 38(2)
Section 38Section 38(3)
Section 38Section 38(4)
Section 38Section 39(1)
Section 39Section 39(2)
Section 39Proviso to Section 39(2)
Section 39Section 40. Oath affirmation
Section 40Section 41. Quorum
Section 41Section 42(1)
Section 42Section 42(2)
Section 42Section 42(3)
Section 42Section 42(4)
Section 42Section 42(5)
Section 42Section 42(6)
Section 42Section 42(7)
Section 42Section 42(8)
Section 42
CHAPTER VI
CHAPTER VI - POWERS AND FUNCTIONS OF THE VILLAGE COUNCIL
Section 140Section 43. Subject to be under the control and administration of the Village council
Section 43Section 44. Other matter to be under the control and administration of the Village council
Section 44Section 45(1)
Section 45Proviso to Section 45(1)
Section 45Section 45(2)
Section 45Section 45(3)
Section 45Section 45(4)
Section 45Section 46. Power to entrust functions
Section 46Section 47. Power to acquire held and dispose of property
Section 47
CHAPTER VII
CHAPTER VII - ELECTION
Section 150Section 48(1)
Section 48Section 48(2)
Section 48Section 48(3)
Section 48Section 49. Power to amend or alter delimitation
Section 49Proviso to Section 49
Section 49Section 50(1)
Section 50Section 50(2)
Section 50Section 50(3)
Section 50Section 50(4)
Section 50Section 51(1)
Section 51Section 51(2)
Section 51Section 51(3)
Section 51Section 51(4)
Section 51Section 51(5)
Section 51Proviso to Section 51(5)
Section 51Section 52. Election of menbers
Section 52Section 53. Qualification for membership of Village Council or General Council
Section 53Section 54(1)
Section 54Proviso to Section 54(1)(e)
Section 54Section 54(1)(f)
Section 54Section 54(1)(g)
Section 54Section 54(1)(h)
Section 54Proviso to Section 54(1)(h)
Section 54Section 55. Filling up of vacancies
Section 55Section 56. Validation
Section 56Section 57. Publication or results of elections
Section 57Section 58. Vacation of post
Section 58Section 59(1)
Section 59Proviso to Section 59(1)
Section 59Section 59(2)
Section 59Explanation to Section 59(2)
Section 59Section 59(2)(c)
Section 59Section 59(3)
Section 59Section 59(4)
Section 59Section 60. Power to make rules regulating the election of members
Section 60
CHAPTER VIII
CHAPTER VIII - FUNDS, AUDIT AND BUDGET
Section 186Section 61(1)
Section 61Section 61(2)
Section 61Section 61(3)
Section 61Section 61(4)
Section 61Section 61(5)
Section 61Section 61(6)
Section 61Section 61(7)
Section 61Section 61(8)
Section 61Section 61(9)
Section 61Section 61(10)
Section 61Proviso to Section 61(10)
Section 61Further Proviso to Section 61(10)
Section 61Section 61(11)
Section 61Proviso to Section 61(11)
Section 61Section 61(12)
Section 61Section 61(13)
Section 61Section 62. Audit
Section 62Section 63(1)
Section 63Section 63(2)
Section 63Section 63(3)
Section 63
CHAPTER IX
CHAPTER IX - MISCELLANEOUS
Section 207Section 64. Effect of bye-law, etc.
Section 64Section 65. Power to issue instruction
Section 65Section 66. Protection of the rights of the non-tribal and other ethenic groups
Section 66Section 67(1)
Section 67Section 67(2)
Section 67Section 67(3)
Section 67Section 68(1)
Section 68Section 68(2)
Section 68Section 69
Section 69Section 70. Special provision Council Areas
Section 70Section 71. Reservation for services
Section 71Section 72. Members, Officers employees to be public servants
Section 72Section 73. Validation
Section 73Section 74. Indemnity
Section 74Section 75. Interpretation
Section 75Section 76. Removal of difficulties
Section 76Section 77. Special status
Section 77Section 78. Application of Act of the Legislature of the State
Section 78Section 79(1)
Section 79Section 79(2)
Section 79Proviso to Section 79(2)
Section 79Section 80. Transitional provisions
Section 80Section 81. Saving
Section 81Explanation to Section 81
Section 81Section 82(1)
Section 82Section 82(2)
Section 82
lalung-tiwa-autonomous-council-act-1995.json
•
233 Sections
•
Assam
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"title": "THE LALUNG (TIWA) AUTONOMOUS COUNCIL ACT, 1995",
"short_title": "The Lalung (Tiwa) Autonomous Council Act, 1995",
"act_number": "XXV",
"act_year": 1995,
"act_type": "STATE",
"location": "Assam",
"law_status": "valid",
"enactment_date": "1995-10-27",
"description": "The Lalung (Tiwa) Autonomous Council Act, 1995",
"preamble": "",
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{
"number": "1",
"title": "An ACT",
"chapter": null,
"content": "To provide for the establishment of an administrative authority in the name and style of \"THE LALUNG (TIWA) AUTONOMOUS COUNCIL\" and for certain matters incidental thereto and connected therewith.\nWhereas it is expedient to provide for the establishment of a Lalung (Tiwa) Autonomous Council within the State of Assam with maximum autonomy within the framework 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 Lalung community residing therein.\nIt is hereby enacted in the Forty-sixth Year of the Republic of India, as follows :-",
"footnote": "",
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"number": "2",
"title": "CHAPTER I - PRELIMINARY",
"chapter": "CHAPTER I",
"content": "CHAPTER-I\nPRELIMINARY",
"footnote": "",
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"sort_order": 10
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{
"number": "1",
"title": "Section 1(1)",
"chapter": null,
"content": "1. (1) This Act may be called the Lalung (Tiwa) Autonomous Council Act, 1995.",
"footnote": "",
"is_definition": false,
"sort_order": 20
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{
"number": "1",
"title": "Section 1(2)",
"chapter": null,
"content": "(2) It extends to the whole of the State of Assam.",
"footnote": "",
"is_definition": false,
"sort_order": 30
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{
"number": "1",
"title": "Section 1(3)",
"chapter": null,
"content": "(3) It shall be deemed to have come into force on the 15th day of July, 1995.",
"footnote": "",
"is_definition": false,
"sort_order": 40
},
{
"number": "2",
"title": "Section 2. Definitions",
"chapter": null,
"content": "2. In this Act, unless the context otherwise requires -",
"footnote": "",
"is_definition": true,
"sort_order": 50
},
{
"number": "2",
"title": "Section 2(a)",
"chapter": null,
"content": "(a) 'bye-law' means the bye-law framed by the General Council;",
"footnote": "",
"is_definition": true,
"sort_order": 60
},
{
"number": "2",
"title": "Section 2(b)",
"chapter": null,
"content": "(b) 'Constituency' means a constituency referred to in section 48;",
"footnote": "",
"is_definition": true,
"sort_order": 70
},
{
"number": "2",
"title": "Section 2(c)",
"chapter": null,
"content": "(c) 'Constitution' means, the Constitution of India;",
"footnote": "",
"is_definition": true,
"sort_order": 80
},
{
"number": "2",
"title": "Section 2(d)",
"chapter": null,
"content": "(d) 'Council Area' means the Lalung Autonomous Council Area;",
"footnote": "",
"is_definition": true,
"sort_order": 90
},
{
"number": "2",
"title": "Section 2(e)",
"chapter": null,
"content": "(e) 'Flector' in relation to a constituency means a person whose name is entered in the electoral roll of that constituency;",
"footnote": "",
"is_definition": true,
"sort_order": 100
},
{
"number": "2",
"title": "Section 2(f)",
"chapter": null,
"content": "(f) Executive Council' means the executive body of the General Council of the Lalung Autonomous Council constituted under Section 3(3) and 24;",
"footnote": "",
"is_definition": true,
"sort_order": 110
},
{
"number": "2",
"title": "Section 2(g)",
"chapter": null,
"content": "(g) 'Gaon Panchayat', 'Anchalik Panchayat' and 'Zila Parishad' have the same meaning as defined in the Assam Panchayat Act, 1994;",
"footnote": "Assam Act XVIII of 1994",
"is_definition": true,
"sort_order": 120
},
{
"number": "2",
"title": "Section 2(h)",
"chapter": null,
"content": "(h) 'General Council' means the General Council of the Lalung Autonomous Council referred to in section 3;",
"footnote": "",
"is_definition": true,
"sort_order": 130
},
{
"number": "2",
"title": "Section 2(i)",
"chapter": null,
"content": "(i) 'General Council Fund' and 'Village Council Fund' means the funds constituted under section 61:",
"footnote": "",
"is_definition": true,
"sort_order": 140
},
{
"number": "2",
"title": "Section 2(j)",
"chapter": null,
"content": "(j) 'Government' means the State Government of Assam;",
"footnote": "",
"is_definition": true,
"sort_order": 150
},
{
"number": "2",
"title": "Section 2(k)",
"chapter": null,
"content": "(k) 'Governor' means the Governor of Assam;",
"footnote": "",
"is_definition": true,
"sort_order": 160
},
{
"number": "2",
"title": "Section 2(l)",
"chapter": null,
"content": "(l) 'member' means a member of the Village Council or the General Council of the Executive Council, as the case may be",
"footnote": "",
"is_definition": true,
"sort_order": 170
},
{
"number": "2",
"title": "Section 2(m)",
"chapter": null,
"content": "(m) 'Municipality' has the same meaning as in the Assam Municipal Act, 1956;",
"footnote": "Assam Act XV of 1957",
"is_definition": true,
"sort_order": 180
},
{
"number": "2",
"title": "Section 2(n)",
"chapter": null,
"content": "(n) 'notification' means the notification issued under this Act;",
"footnote": "",
"is_definition": true,
"sort_order": 190
},
{
"number": "2",
"title": "Section 2(o)",
"chapter": null,
"content": "(o) 'Official Gazette' means the Official Gazette of Assang",
"footnote": "",
"is_definition": true,
"sort_order": 200
},
{
"number": "2",
"title": "Section 2(p)",
"chapter": null,
"content": "(p) 'prescribed' means prescribed by rules made under this Act;",
"footnote": "",
"is_definition": true,
"sort_order": 210
},
{
"number": "2",
"title": "Section 2(q)",
"chapter": null,
"content": "(q) 'satellite area' means the area of different revenue villages;",
"footnote": "",
"is_definition": true,
"sort_order": 220
},
{
"number": "2",
"title": "Section 2(r)",
"chapter": null,
"content": "(r) 'Village Council' means the Village Council referred to in section ;",
"footnote": "",
"is_definition": true,
"sort_order": 230
},
{
"number": "2",
"title": "Section 2(s)",
"chapter": null,
"content": "(s) 'Village Council Area' means the area declared to be the area of a Village Council by the Government by notification in the Official Gazette.",
"footnote": "",
"is_definition": true,
"sort_order": 240
},
{
"number": "3",
"title": "Section 3(1)",
"chapter": null,
"content": "3. (1) There shall be an autonomous council to be called the Lalung Autonomous Council within the State of Assam comprising of the areas of the Village Councils as may be specified by the Government by notification in the Official Gazette.",
"footnote": "",
"is_definition": false,
"sort_order": 250
},
{
"number": "3",
"title": "Section 3(2)",
"chapter": null,
"content": "(2) The Lalung Autonomous Council shall have maximum autonomy within the frame-work of the Constitution.",
"footnote": "",
"is_definition": false,
"sort_order": 260
},
{
"number": "3",
"title": "Section 3(3)",
"chapter": null,
"content": "(3) The Lalung Autonomous Council shall have a General Council and an Executive Council as provided hereinafter.",
"footnote": "",
"is_definition": false,
"sort_order": 270
},
{
"number": "4",
"title": "Section 4(1)",
"chapter": null,
"content": "4. (1) There shall be a Village Council for each block of villages, each village having 50% or more Lalung population.",
"footnote": "",
"is_definition": false,
"sort_order": 280
},
{
"number": "4",
"title": "Section 4(2)",
"chapter": null,
"content": "(2) Each Village Council area shall consist of approximately 6000 to 8000 population.",
"footnote": "",
"is_definition": false,
"sort_order": 290
},
{
"number": "4",
"title": "Section 4(3)",
"chapter": null,
"content": "(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.",
"footnote": "",
"is_definition": false,
"sort_order": 300
},
{
"number": "32",
"title": "CHAPTER II - THE GENERAL COUNCIL",
"chapter": "CHAPTER II",
"content": "CHAPTER-II\nTHE GENERAL COUNCIL",
"footnote": "",
"is_definition": false,
"sort_order": 310
},
{
"number": "5",
"title": "Section 5. Incorporation of the General Council",
"chapter": null,
"content": "5. The General Council shall be a body corporate having perpetual succession and a common seal with powers to acquire, hold and dispose of property and to contract and shall sue or be sued by its corporate name.",
"footnote": "",
"is_definition": false,
"sort_order": 320
},
{
"number": "6",
"title": "Section 6(1)",
"chapter": null,
"content": "6. (1) The General Council shall consist of 30 (thirty) members of which 26 (twenty six) shall be directly elected and 4 (four) shall be nominated by the Government from amongst the groups of communities residing in the Council Area and not otherwise represented in the General Council.\nOut of 30 seats 15 seats shall be reserved for Lalung community and out of 15 reserved seats, at least 3 (three) seats shall be reserved for women.)",
"footnote": "",
"is_definition": false,
"sort_order": 330
},
{
"number": "6",
"title": "Section 6(2)",
"chapter": null,
"content": "(2) The Members of Parliament, and the Members of the Legislative Assembly, Assam belonging to Scheduled Tribes Reserved Constituencies of the Council Area shall be ex-officio members of the General Council.",
"footnote": "",
"is_definition": false,
"sort_order": 340
},
{
"number": "6",
"title": "Section 6(3)",
"chapter": null,
"content": "(3) Every member of the General Council shall be entitled to such allowances as may be fixed by the General Council and approved by the Government.",
"footnote": "",
"is_definition": false,
"sort_order": 350
},
{
"number": "6",
"title": "Section 6(4)",
"chapter": null,
"content": "(4) The elected members of the General Council shall at the first meeting after the election, for the purpose of constitution of the Executive Council, elect from amongst themselves, in the manner prescribed, -\n(i) One member to be the Chief Executive Councillor who shall also be the President of the General Council, and\n(ii) Three Executive Councillors.",
"footnote": "",
"is_definition": false,
"sort_order": 360
},
{
"number": "7",
"title": "Section 7(1)",
"chapter": null,
"content": "7. (1) The term of office of the General Council shall be five years from the date of the first meeting as appointed by the Government after the election of the members, unless dissolved earlier under section 68.",
"footnote": "",
"is_definition": false,
"sort_order": 370
},
{
"number": "7",
"title": "Section 7(2)",
"chapter": null,
"content": "(2) Notwithstanding anything contained in sub-section (1) above, the Chief Executive Councillor or the Executive Councillors shall cease to hold office as such forthwith if he, for any reason, ceases to be a member.",
"footnote": "",
"is_definition": false,
"sort_order": 380
},
{
"number": "7",
"title": "Section 7(3)",
"chapter": null,
"content": "(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.",
"footnote": "",
"is_definition": false,
"sort_order": 390
},
{
"number": "8",
"title": "Section 8(1)",
"chapter": null,
"content": "8. (1) Any member of the General Council may, at any time by giving notice in writing addressed to the Chief Executive Councillor, resign his office:",
"footnote": "",
"is_definition": false,
"sort_order": 400
},
{
"number": "8",
"title": "Proviso to Section 8(1)",
"chapter": null,
"content": "Provided that in case of the Chief Executive Councillor, the notice shall be addressed to any of the Executive Councillors.",
"footnote": "",
"is_definition": false,
"sort_order": 410
},
{
"number": "8",
"title": "Section 8(2)",
"chapter": null,
"content": "(2) Such resignation shall take effect from such date as specified in the notice or if no such date is specified, from the date of its receipt by the office bearer addressed.",
"footnote": "",
"is_definition": false,
"sort_order": 420
},
{
"number": "9",
"title": "Section 9(1)",
"chapter": null,
"content": "9. (1) The Chief Executive Councillor or the Executive Councillors or any one of them or all of them may be removed from office by a resolution carried by a majority of the total number of the elected members at a special meeting of the General Council called for the purpose upon a requisition made in writing by not less than one third of the members of the General Council.",
"footnote": "",
"is_definition": false,
"sort_order": 430
},
{
"number": "9",
"title": "Section 9(2)",
"chapter": null,
"content": "(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 --\n(a) after his election, is convicted by a criminal court of an offence involving moral turpitude punishable with imprisonment for any period exceeding six months or;\n(b) incurs any of the disqualifications mentioned in section 54 after his election as member of the General Councillor, or\n(c) is absent from three consecutive meetings of the General Council.",
"footnote": "",
"is_definition": false,
"sort_order": 440
},
{
"number": "9",
"title": "Section 9(3)",
"chapter": null,
"content": "(3) Any member of the General Council who is removed from the office under sub-section (2) above, may within thirty days from the date of the order, appeal to such Judicial Authority as the Government may prescribe and the authority so prescribed after admitting an appeal may after complying with the normal and fundamental principles of judicial proceedings pass such order or orders either confirming or modifying or setting aside the order appealed against and pending the final disposal of the appeal may pass such other interlucatory order or orders including stay of operation of the order appealed against.",
"footnote": "",
"is_definition": false,
"sort_order": 450
},
{
"number": "9",
"title": "Section 9(4)",
"chapter": null,
"content": "(4) The order passed, by the Judicial Authority referred to in sub-section (3) above, on such appeal shall be final.",
"footnote": "",
"is_definition": false,
"sort_order": 460
},
{
"number": "10",
"title": "Section 10(1)",
"chapter": null,
"content": "10. (1) The Chief Executive Councillor and the Executive Councillors shall be whole time functionaries and shall be paid out of the General Council fund such salaries and allowances as may be prescribed.",
"footnote": "",
"is_definition": false,
"sort_order": 470
},
{
"number": "10",
"title": "Section 10(2)",
"chapter": null,
"content": "(2) The other term and conditions of service of the Chief Executive Councillor and the Executive Councillors shall be such as may be prescribed.",
"footnote": "",
"is_definition": false,
"sort_order": 480
},
{
"number": "11",
"title": "Section 11(1)",
"chapter": null,
"content": "11. (1) Where the office of any member falls vacant by reason of his death, resignation, removal or otherwise, the vacancy shall be filled up by election in accordance with the provision of this Act and the rules framed thereunder, may be:",
"footnote": "",
"is_definition": false,
"sort_order": 490
},
{
"number": "11",
"title": "Proviso to Section 11(1)",
"chapter": null,
"content": "Provided that any vacancy in the office of the Chief Executive Councillor or the Executive Councillors shall be filled up by the General Council by electing a member thereof in the manner prescribed for the election of the Chief Executive Councillor or the Executive Councillors, as the case may be:",
"footnote": "",
"is_definition": false,
"sort_order": 500
},
{
"number": "11",
"title": "Section 11(2)",
"chapter": null,
"content": "(2) Any member elected in accordance with the provisions or sub-section (1) above, shall hold such office only for the remainder of the term of the General Council or the period extended under sub-section (3) of Section 7.",
"footnote": "",
"is_definition": false,
"sort_order": 510
},
{
"number": "12",
"title": "Section 12(1)",
"chapter": null,
"content": "12. (1) The Chief Executive Councillor shall -\n(a) be responsible for the maintenance of the records of the General Council,\n(b) have General responsibility for the financial and executive administration of the General Council;\n(c) exercise administrative supervision and control over the officers and employees of the General Council and the officers and employees whose services may be placed at the disposal of the General Council by the Government;\n(d) for transaction of business under this Act of for the purpose of making any order under this Act, exercise such powers, perform such functions and discharge such duties as may be exercised, performed or discharged by the General Council under this Act of the rules made thereunder:",
"footnote": "",
"is_definition": false,
"sort_order": 520
},
{
"number": "12",
"title": "Proviso to Section 12(1)",
"chapter": null,
"content": "Provided that the Chief Executive Councillor shall not exercise such powers, perform such functions or discharge such duties as may be required by the rules made under this Act to be exercised, performed of discharged by the General Council at a meeting.",
"footnote": "",
"is_definition": false,
"sort_order": 530
},
{
"number": "12",
"title": "Section 12(1)(e)",
"chapter": null,
"content": "(e) exercise such other powers, perform such other duties as the General Council may, by general or special resolution, direct or as the Government may, by rules made in this behalf, prescribe.",
"footnote": "",
"is_definition": false,
"sort_order": 540
},
{
"number": "13",
"title": "Section 13(1)",
"chapter": null,
"content": "13. (1) The General Council shall meet at least once in every three months for transaction of its business.",
"footnote": "",
"is_definition": false,
"sort_order": 550
},
{
"number": "13",
"title": "Section 13(2)",
"chapter": null,
"content": "(2) The meeting of the General Council shall be held at the headquarter of the Lalung Autonomous Council at such time as may be notified by the Chief Executive Councillor:",
"footnote": "",
"is_definition": false,
"sort_order": 560
},
{
"number": "13",
"title": "Proviso to Section 13(2)",
"chapter": null,
"content": "Provided that the first meeting of the General Council after the election shall be held on such date as may be appointed by the Government.",
"footnote": "",
"is_definition": false,
"sort_order": 570
},
{
"number": "14",
"title": "Section 14. Oath of affirmation by members",
"chapter": null,
"content": "14. Every member of the General Council shall, before taking his seat, make and subscribe before such person as may be appointed by the Governor in this behalf an oath or affirmation in the manner and forms as may be prescribed.",
"footnote": "",
"is_definition": false,
"sort_order": 580
},
{
"number": "15",
"title": "Section 15. Quorum",
"chapter": null,
"content": "15. The quorum necessary for transaction of business at a meeting of the General Council shall be 10 members and the decision of the General Council shall be by a single majority of the General Council.",
"footnote": "",
"is_definition": false,
"sort_order": 590
},
{
"number": "16",
"title": "Section 16. Head quarter of the General Council",
"chapter": null,
"content": "16. The Government may, by norification in the Official Gazette declare any place within the Council Area to be the headquarter of the General Council",
"footnote": "",
"is_definition": false,
"sort_order": 600
},
{
"number": "17",
"title": "Section 17(1)",
"chapter": null,
"content": "17. (1) There shall be a Secretariat for the Lalung Autonomous Council at the headquarter of the General Council Beaded by a Principal Secretary to be appointed by the Government in consultation with the Chief Executive Councillor.",
"footnote": "",
"is_definition": false,
"sort_order": 610
},
{
"number": "17",
"title": "Section 17(2)",
"chapter": null,
"content": "(2) The Principal Secretary shall be the principal executive officer of the General Council and all other Officers of the General Council shall be subordinate to him.",
"footnote": "",
"is_definition": false,
"sort_order": 620
},
{
"number": "17",
"title": "Section 17(3)",
"chapter": null,
"content": "(3) The Principal Secretary shall be present and take port in the discussion of all the meetings of the General Council or the Executive Council or any commince of the General Council and may, with the consent of the Chief Executive Councillor or any other person presiding over such meeting for the time being, as the case may be, at any time make a statement or give explanation of the facts and circumstances but shall not be entitled to vote in any such meeting.",
"footnote": "",
"is_definition": false,
"sort_order": 630
},
{
"number": "17",
"title": "Section 17(4)",
"chapter": null,
"content": "(4) The Principal Secretary and the other officers of the Secretariat shall be paid out of the General Council Fund.",
"footnote": "",
"is_definition": false,
"sort_order": 640
},
{
"number": "17",
"title": "Section 17(5)",
"chapter": null,
"content": "(5) The term of appointment of the Principal Secretary shall be for a period of three years but may be extended by the Government in consultation with the Chief Executive Councillor.",
"footnote": "",
"is_definition": false,
"sort_order": 650
},
{
"number": "17",
"title": "Section 17(6)",
"chapter": null,
"content": "(6) The Government may appoint such other Secretaries for the General Council on such terms and conditions as the Government may, in consultation with the Chief Executive Councillor, determine.",
"footnote": "",
"is_definition": false,
"sort_order": 660
},
{
"number": "17",
"title": "Section 17(7)",
"chapter": null,
"content": "(7) The Government may, in consultation with the Chief Executive Councillor, depute such other officers or experts, as may be, required, to assist the General Council on such terms and conditions as may be determined by the Government.",
"footnote": "",
"is_definition": false,
"sort_order": 670
},
{
"number": "17",
"title": "Section 17(8)",
"chapter": null,
"content": "(8) The Government may from time to time post officers of the rank of Class-II and above within the Council Area in accordance with the exigencies, but while making such postings due regard may be given to the views of the General Council.",
"footnote": "",
"is_definition": false,
"sort_order": 680
},
{
"number": "17",
"title": "Section 17(9)",
"chapter": null,
"content": "(9) All officers and other staff posted in the Council Area shall be accountable to the General Council for their performance and assessment of their works recorded by the Executive Council shall be incorporated in their Annual Confidential Reports by the Government.",
"footnote": "",
"is_definition": false,
"sort_order": 690
},
{
"number": "17",
"title": "Section 17(10)",
"chapter": null,
"content": "(10) Notwithstanding anything contained in sub-section (5) above, the Government may, at any time in consultation with the Chief Executive Councillor, withdraw the Principal Secretary or any other officer posted or appointed by it in the Secretariat.",
"footnote": "",
"is_definition": false,
"sort_order": 700
},
{
"number": "72",
"title": "CHAPTER III - POWERS AND FUNCTIONS OF THE GENERAL COUNCIL",
"chapter": "CHAPTER III",
"content": "CHAPTER-III\nPOWERS AND FUNCTIONS OF THE GENERAL COUNCIL",
"footnote": "",
"is_definition": false,
"sort_order": 710
},
{
"number": "18",
"title": "Section 18. Subjects to be under the control and administration of the General Council",
"chapter": null,
"content": "18. Notwithstanding anything contained in any other law or Rules for the time being in force, the General Council shall have executive powers in relation to the Council Area over the following subjects:-\n1. Cottage Industry,\n2. Animal Husbandry and Veterinary,\n3. Forest, other than Reserved Forest,\n4. Agriculture,\n5. Rural Roads and Bridges,\n6. Sericulture,\n7. Education:\n(a) Adult Education,\n(b) Primary Education,\n(c) Up-to Higher Secondary including Vocational Training,\n8. Cultural Affairs,\n9. Soil Conservation,\n10. Co-operation,\n11. Fisheries,\n12. Panchayat and Rural Development,\n13. Handloom and Textile,\n14. Public Health Engineering - Drinking water,\n15. Minor Irrigation,\n11. Social Welfare,\n17. Flood Control Schemes for protection of villages (not highly technical nature).\n18. Sports and Youth Welfare,\n19. Weights and Measures,\n20. Library services,\n21. Museum and Archaeology,\n22. Urban Development, Town and Country Planning,\n23. Tribal Research,\n24. Land and land Revenue,\n25. Publicity and Public Relation,\n26. Tourism,\n27. Transport,\n28. Any other matter connected with development,\n29. Municipal Boards, Improvement Trust, Dist. and other local-self Government of Villages,\n30. Tribal Welfare,\n31. Market and fairs,\n32. Lotteries, Theaters, Dramatic performance and Cinema,\n33. Vital Statistics including ragistration of births and death,\n34. Food and Civil Supplies.",
"footnote": "",
"is_definition": false,
"sort_order": 720
},
{
"number": "19",
"title": "Section 19. Other matters to be under the control and administration of the General Council",
"chapter": null,
"content": "19. Subject to the general policy of the Government, the General Council shall,\n(i) formulate integrated development plans for the Council Area;\n(ii) implement schemes and programmes for the developmental of the Council Area;\n(iii) have powers to appoint Class III and Class IV staff within the Council Area;\n(iv) have powers to regulate trade and commerce with. in the Council Area in accordance with the existing laws including issue of permit or licences to individuals within the Council Area;\n(v) guide custom and traditions and social justice of the Lalung community according to the traditional laws;\n(vi) organise special recrutement drive into Army, Navy, and other para-military forces, Police Forces and other Central Government establishments for appointment of the Persons belong to the Lalung community;\n(vii) allot permits for trade and commerce to the people residing in the Council Area preference being given to the Lalung community.",
"footnote": "",
"is_definition": false,
"sort_order": 730
},
{
"number": "20",
"title": "Section 20(1)",
"chapter": null,
"content": "20. (1) Subject to the provision of any other law for the time being in force, the General Council shall have the powers to collect within the Council Area such taxes as are payable under the law for the time being in force in the manner as may be prescribed.",
"footnote": "",
"is_definition": false,
"sort_order": 740
},
{
"number": "20",
"title": "Proviso to Section 20(1)",
"chapter": null,
"content": "Provided that the tax or taxes as aforesaid shall be collected from such date as may be appointed by the Government by notification in this behalf in the Official Gazette.",
"footnote": "",
"is_definition": false,
"sort_order": 750
},
{
"number": "20",
"title": "Section 20(2)",
"chapter": null,
"content": "(2) Subject to sub-section(1) and such maximum rates as the Government may prescribe, the General Council shall :-\n(a) levy tolls on persons, vehicles or animals of any class, for the use of any bridge or road other than kacha road or ferry constructed or established and managed by it;\n(b) levy the following fees and rates, namely;\n(i) fees on the registration of boats or vehicles;\n(ii) fees for providing sanitary arrangements at such places of worship, pilgrimage, fairs, mela, other public places within the Council Area as may be specified by the Government by Notification in the Official Gazette;\n(iii) fees for licences;\n(iv) water rates, where arrangements for irrigation or drinking water is made by it within the Council Area;\n(v) lighting rate where arrangements for lighting of public street or places are made by it within the Council Area.",
"footnote": "",
"is_definition": false,
"sort_order": 760
},
{
"number": "20",
"title": "Section 20(3)",
"chapter": null,
"content": "(3) Notwithstanding anything contained in the foregoing sub-sections, the General Council shall not undertake registration of any vehicle or levy any fee in respect thereof and shall not provide sanitary arrangements at places of worship, 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 authority under the law for the time being in force, or if such provision for sanitary arrangements has already been made by the Government or any other local authority.",
"footnote": "",
"is_definition": false,
"sort_order": 770
},
{
"number": "20",
"title": "Section 20(4)",
"chapter": null,
"content": "(4) The collection of tolls, fees or rates and the terms and conditions for the imposition thereof shall be such as may be prescribed by the bye-laws, such bye-laws may interalia provide for exemption from all or any class of cases.",
"footnote": "",
"is_definition": false,
"sort_order": 780
},
{
"number": "20",
"title": "Section 20(5)",
"chapter": null,
"content": "(5) The General Council may levy fee or taxes on any all the subjects assigned to the Village Council.",
"footnote": "",
"is_definition": false,
"sort_order": 790
},
{
"number": "21",
"title": "Section 21. Powers to entrust functions",
"chapter": null,
"content": "21. Notwithstanding anything contained in this Act, the Government may, in consultation with the General Council, entrust, either conditionally or without any condition, to the General Council or their Officers any function in relation to any matter not enumerated in section 18 to which the executive powers of the Government extends.",
"footnote": "",
"is_definition": false,
"sort_order": 800
},
{
"number": "22",
"title": "Section 22. Power to acquire hold and dispose of property",
"chapter": null,
"content": "22. Notwithstanding anything contained in section 5, the General Council subject to the previous approval of the Government and subject to such terms and conditions as may be imposed by the Government, shall have the power to acquire, hold or dispose of any immovable property or movable property the value of which exceeds Rupees one lakh and to enter into any contract or agreement with any party or authority.",
"footnote": "",
"is_definition": false,
"sort_order": 810
},
{
"number": "23",
"title": "Section 23(1)",
"chapter": null,
"content": "23. (1) The General Council may, subject to the provision of this Act and the rules made thereunder and subject to the approval of the Government make bye-laws to be applicable within the Council Area with respect to all or any of the matters enumerated in sections 18,19,43 and 44 for regulation, control and administration thereof.",
"footnote": "",
"is_definition": false,
"sort_order": 820
},
{
"number": "23",
"title": "Section 23(2)",
"chapter": null,
"content": "(2) All bye-laws made under sub-section (1) above, shall have effect upon their publication in the Official Gazette.",
"footnote": "",
"is_definition": false,
"sort_order": 830
},
{
"number": "85",
"title": "CHAPTER IV - THE EXECUTIVE COUNCIL",
"chapter": "CHAPTER IV",
"content": "CHAPTER - IV\nTHE EXECUTIVE COUNCIL",
"footnote": "",
"is_definition": false,
"sort_order": 840
},
{
"number": "24",
"title": "Section 24(1)",
"chapter": null,
"content": "24. (1) The Executive Council shall consist of the Chief Executive Councillor and the three Executive Councillors elected in accordance with the provisions of sub-section (4) of section 6.",
"footnote": "",
"is_definition": false,
"sort_order": 850
},
{
"number": "24",
"title": "Section 24(2)",
"chapter": null,
"content": "(2) The Chief Executive Councillor shall be the Chairman of the Executive Council and shall reside over the meetings thereof.",
"footnote": "",
"is_definition": false,
"sort_order": 860
},
{
"number": "24",
"title": "Section 24(3)",
"chapter": null,
"content": "(3) Any casual vacancy among the members of the Executive Council occurring by reasons of death, resignation, removal or otherwise shall be filled through election by the members of the General Council in the same manner as provided in sub-section (4) of Section 6:",
"footnote": "",
"is_definition": false,
"sort_order": 870
},
{
"number": "24",
"title": "Proviso to Section 24(3)",
"chapter": null,
"content": "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.",
"footnote": "",
"is_definition": false,
"sort_order": 880
},
{
"number": "24",
"title": "Section 24(4)",
"chapter": null,
"content": "(4) The manner of transaction of business of the Executive Council shall be such as may be determined by the General Council by bye-laws made by it with the approval of the Government.",
"footnote": "",
"is_definition": false,
"sort_order": 890
},
{
"number": "24",
"title": "Section 24(5)",
"chapter": null,
"content": "(5) The Executive Council shall be collectively responsible to the General Council.",
"footnote": "",
"is_definition": false,
"sort_order": 900
},
{
"number": "25",
"title": "Section 25",
"chapter": null,
"content": "25. A member of the Executive Council shall hold office untill he -\n(a) ceases to be a member of the General Council, or\n(b) resigns his office in writing under his hand addressed to the Chief Executive Councillor in which case the resignation shall take effect from the date of acceptance thereof:",
"footnote": "",
"is_definition": false,
"sort_order": 910
},
{
"number": "25",
"title": "Proviso to Section 25",
"chapter": null,
"content": "Provided that in case of the Chief Executive Councillor, the resignation shall be addressed to any one of the Executive Councillors.",
"footnote": "",
"is_definition": false,
"sort_order": 920
},
{
"number": "26",
"title": "Section 26(1)",
"chapter": null,
"content": "26. (1) The executive powers of the General Council shall vest in the Executive Council.",
"footnote": "",
"is_definition": false,
"sort_order": 930
},
{
"number": "26",
"title": "Section 26(2)",
"chapter": null,
"content": "(2) All order or instructions made or executed by the Executive Council shall be deemed to have been made or executed by or under the authority of the General Council.",
"footnote": "",
"is_definition": false,
"sort_order": 940
},
{
"number": "26",
"title": "Section 26(3)",
"chapter": null,
"content": "(3) Every order made or instructions issued or resolution passed by the General Council shall be authenticated by the signature of the Chief Executive Councillor or in his absence by any one of the Executive Councillors.",
"footnote": "",
"is_definition": false,
"sort_order": 950
},
{
"number": "27",
"title": "Section 27(1)",
"chapter": null,
"content": "27. (1) The Chief Executive Councillor shall be the Chief of the Lalung Autonomous Council and shall exercise such powers and discharge such functions as are conferred on him by or under this Act or the rules made thereunder.",
"footnote": "",
"is_definition": false,
"sort_order": 960
},
{
"number": "27",
"title": "Section 27(2)",
"chapter": null,
"content": "(2) The Chief Executive Councillor shall for the smooth and convenient transaction of business of the Executive Council, allocate among the Executive Councillors such business in such manner as he may deem fit.",
"footnote": "",
"is_definition": false,
"sort_order": 970
},
{
"number": "28",
"title": "Section 28(1)",
"chapter": null,
"content": "28. (1) The Executive Council may, in cases where the Chief Executive Councillor is required to take, in accordance with the provisions of this Act or the rules made thereunder or any other law for the time being in force, any action subject to the approval of the Executive Council, by a general or special resolution, 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.",
"footnote": "",
"is_definition": false,
"sort_order": 980
},
{
"number": "28",
"title": "Section 28(2)",
"chapter": null,
"content": "(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.",
"footnote": "",
"is_definition": false,
"sort_order": 990
},
{
"number": "29",
"title": "Section 29(1)",
"chapter": null,
"content": "29. (1) The Executive Council shall meet at least once in every three months for transaction of its business at such place and time as the Executive Councillors may direct.",
"footnote": "",
"is_definition": false,
"sort_order": 1000
},
{
"number": "29",
"title": "Section 29(2)",
"chapter": null,
"content": "(2) The meeting shall be convened by the Chief Executive Councillor by giving seven clear days notice in writing to each member of the Executive Council.",
"footnote": "",
"is_definition": false,
"sort_order": 1010
},
{
"number": "30",
"title": "Section 30. Quorum",
"chapter": null,
"content": "30. The Quorum for transaction of business at a meeting of the Executive Council shall be three members including the Chief Executive Councillor.",
"footnote": "",
"is_definition": false,
"sort_order": 1020
},
{
"number": "104",
"title": "CHAPTER V - THE VILLAGE COUNCIL",
"chapter": "CHAPTER V",
"content": "CHAPTER-V\nTHE VILLAGE COUNCIL",
"footnote": "",
"is_definition": false,
"sort_order": 1030
},
{
"number": "31",
"title": "Section 31. Incorporation the Village Council",
"chapter": null,
"content": "31. The Village Council shall be a body corporate having perpetual succession and a common seal with powers to acquire, hold and dispose of property and shall sue or be sued by its corporate name.",
"footnote": "",
"is_definition": false,
"sort_order": 1040
},
{
"number": "32",
"title": "Section 32(1)",
"chapter": null,
"content": "32. (1) The Village Council shall consist of 10(ten) members of which 5 (five) seats shall be reserved for the Lalung Community out of which at least one shall be a women.",
"footnote": "",
"is_definition": false,
"sort_order": 1050
},
{
"number": "32",
"title": "Section 32(2)",
"chapter": null,
"content": "(2) Every mearner of the Village Council shall be entitled to such sitting allowances as may be fixed by the Village Council subject to the approval of the General Council and the Government.",
"footnote": "",
"is_definition": false,
"sort_order": 1060
},
{
"number": "32",
"title": "Section 32(3)",
"chapter": null,
"content": "(3) The elected members of the Village Council shall, at the first meeting after the election, elect from among themselves, in the manner prescribed, -\n(i) One member to be the President who shall also be the Chief of the Village Council, and\n(ii) one member to be the Vice President who shall be the Deputy Chief of the Village Council.",
"footnote": "",
"is_definition": false,
"sort_order": 1070
},
{
"number": "33",
"title": "Section 33(1)",
"chapter": null,
"content": "33. (1) The term of office of the Village Council shall be five years from the date of the first meeting as appointed by the Government after the election of the members unless dissolved earlier under section 68:",
"footnote": "",
"is_definition": false,
"sort_order": 1080
},
{
"number": "33",
"title": "Proviso to Section 33(1)",
"chapter": null,
"content": "Provided that the Government may, if it is satisfied that circumstances exist which render the holding of election, as provided, impracticable, extend the term for a period not exceeding one year.",
"footnote": "",
"is_definition": false,
"sort_order": 1090
},
{
"number": "33",
"title": "Section 33(2)",
"chapter": null,
"content": "(2) Notwithstanding anything contained in sub-section(1) above, the President or the Vice President of a Village Council shall cease to hold office as such forthwith if he, for any reason.ceases to be a member.",
"footnote": "",
"is_definition": false,
"sort_order": 1100
},
{
"number": "33",
"title": "Section 33(3)",
"chapter": null,
"content": "(3) Notwithstanding anything contained in sub-section(1) or Sub-section (2) above the term of the Village Council shall be co-terminus with the General Council,",
"footnote": "",
"is_definition": false,
"sort_order": 1110
},
{
"number": "34",
"title": "Section 34(1)",
"chapter": null,
"content": "34. (1) Any member of the Village Council may, at any time by giving notice in writing addressed to the President resign his office:",
"footnote": "",
"is_definition": false,
"sort_order": 1120
},
{
"number": "34",
"title": "Proviso to Section 34(1)",
"chapter": null,
"content": "Provided that in case of the President the notice shall addressed to the Vice President.",
"footnote": "",
"is_definition": false,
"sort_order": 1130
},
{
"number": "34",
"title": "Section 34(2)",
"chapter": null,
"content": "(2) Such resignation shall take effect from such date as specified in the notice or if no such date is specified from of is receipt by the office bearer addressed,",
"footnote": "",
"is_definition": false,
"sort_order": 1140
},
{
"number": "35",
"title": "Section 35(1)",
"chapter": null,
"content": "35. (1) The President or the Vice President or both of a Village Council may be removed from office by a resolution carried by a majority of the total number of the elected members at 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.",
"footnote": "",
"is_definition": false,
"sort_order": 1150
},
{
"number": "35",
"title": "Section 35(2)",
"chapter": null,
"content": "(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 order, remove him from the office, if he -\n(a) after his election, is convicted by a criminal court of an offence involving moral turpitude punishable with imprisonment for any period exceeding six months; or\n(b) incurs any of the disqualifications mentioned in section 54 after his election as member of the Village Council; or\n(c) is absent from three consecutive meetings of the Village Council.",
"footnote": "",
"is_definition": false,
"sort_order": 1160
},
{
"number": "35",
"title": "Section 35(3)",
"chapter": null,
"content": "(3) any member of the Village Council who is removed from the office under sub-section (2) above, may, within thirty days from the date of the order, appeal to such Judicial Authority as the Government may prescribe and the authority so prescribed, after admitting an appeal may, after complying with the normal and fundamental principles of Judicial proceedings, pass such order or orders either confirming or modyfying or setting aside the order appealed against and pending the final disposal of the appeal, may pass such other interlocutory order or orders including stay of operation of the order appealed against.",
"footnote": "",
"is_definition": false,
"sort_order": 1170
},
{
"number": "35",
"title": "Section 35(4)",
"chapter": null,
"content": "(4) The order passed by the Judicial Authority referred to in sub-section (3) above, or such appeal shall be final.",
"footnote": "",
"is_definition": false,
"sort_order": 1180
},
{
"number": "36",
"title": "Section 36. Filling up of vacancy in the office of the President or the Vice President",
"chapter": null,
"content": "36. Any vacancy in the office of the President or the Vice-President by reason of death, resignation, removal or otherwise, shall be filled up within one month from the date of occurrence thereof, from amongst the elected members of the Village Council in the same manner as has been prescribed in section 32 for the election the President or the Vice-President, as the case may be.",
"footnote": "",
"is_definition": false,
"sort_order": 1190
},
{
"number": "37",
"title": "Section 37(1)",
"chapter": null,
"content": "37. (1) The President and the Vice President shall be whole time functionaries and shall be paid out of the Village Council Fund such salaries and allowances as may be prescribed.",
"footnote": "",
"is_definition": false,
"sort_order": 1200
},
{
"number": "37",
"title": "Section 37(2)",
"chapter": null,
"content": "(2) The other terms and conditions of service of the President and the Vice-President shall be such as may be prescribed.",
"footnote": "",
"is_definition": false,
"sort_order": 1210
},
{
"number": "38",
"title": "Section 38(1)",
"chapter": null,
"content": "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.",
"footnote": "",
"is_definition": false,
"sort_order": 1220
},
{
"number": "38",
"title": "Section 38(2)",
"chapter": null,
"content": "(2) The President shall exercise such powers, discharge such duties and perform such functions as may be entrusted by the Village Council.",
"footnote": "",
"is_definition": false,
"sort_order": 1230
},
{
"number": "38",
"title": "Section 38(3)",
"chapter": null,
"content": "(3) The Vice President of the Village Council shall exercise 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.",
"footnote": "",
"is_definition": false,
"sort_order": 1240
},
{
"number": "38",
"title": "Section 38(4)",
"chapter": null,
"content": "(4) Notwithstanding anything contained in the foregoing sub-section, neither the President nor the Vice-President shall exercise such powers, perform such functions or discharge such duties as may be required by the rules made under this Act to be exercised, performed or discharged by the Village Council at a meeting.",
"footnote": "",
"is_definition": false,
"sort_order": 1250
},
{
"number": "39",
"title": "Section 39(1)",
"chapter": null,
"content": "39. (1) The Village Council shall meet at least once in every months for transaction of its business.",
"footnote": "",
"is_definition": false,
"sort_order": 1260
},
{
"number": "39",
"title": "Section 39(2)",
"chapter": null,
"content": "(2) The meeting of the Village Council shall be held at the office of the Village Council or at such other convenient place at such time as may be notified by the President:",
"footnote": "",
"is_definition": false,
"sort_order": 1270
},
{
"number": "39",
"title": "Proviso to Section 39(2)",
"chapter": null,
"content": "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.",
"footnote": "",
"is_definition": false,
"sort_order": 1280
},
{
"number": "40",
"title": "Section 40. Oath affirmation",
"chapter": null,
"content": "40. Every member of the Village Council shall before taking his seat, make and subscribe, before such person as may be appointed by the Governor in his behalf, an oath or affirmation in the manner and form as may be prescribed",
"footnote": "",
"is_definition": false,
"sort_order": 1290
},
{
"number": "41",
"title": "Section 41. Quorum",
"chapter": null,
"content": "41. The quorum necessary for transaction of business at a meeting of the Village Council shall be 4 (four) members and the decision of the Village Council shall be by a single majority of votes of the members present.",
"footnote": "",
"is_definition": false,
"sort_order": 1300
},
{
"number": "42",
"title": "Section 42(1)",
"chapter": null,
"content": "42. (1) There shall be an office of the Village Council at such place as may be determined by the Village Council with the approval of the Government,",
"footnote": "",
"is_definition": false,
"sort_order": 1310
},
{
"number": "42",
"title": "Section 42(2)",
"chapter": null,
"content": "(2) The Government shall, in consultation with the President of the Village Council, appoint a Secretary of the Village Council",
"footnote": "",
"is_definition": false,
"sort_order": 1320
},
{
"number": "42",
"title": "Section 42(3)",
"chapter": null,
"content": "(3) The Secretary to the Village Council shall be the Chief Executive of the Village Council and shall ect under the direction and control of the President. All other Officers and staff shall be subordinate to him.",
"footnote": "",
"is_definition": false,
"sort_order": 1330
},
{
"number": "42",
"title": "Section 42(4)",
"chapter": null,
"content": "(4) The Secretary shell be present and take part in the discussion of all the meetings of the Village Council or any Committee of the Village Council and may with the consent of the President or any other person presiding over such meeting for de time being, as the case may be, at any time make a statement or give explanation of the facts and cired nstances but shall not be entitled to vote in any such meeting.",
"footnote": "",
"is_definition": false,
"sort_order": 1340
},
{
"number": "42",
"title": "Section 42(5)",
"chapter": null,
"content": "(5) The Government may in consultation with the President depute such other Officers or experts, as may be required to assist the Village Council on such terms and conditions as may be determined by the Gorvernment.",
"footnote": "",
"is_definition": false,
"sort_order": 1350
},
{
"number": "42",
"title": "Section 42(6)",
"chapter": null,
"content": "(6) The Government may, from time to time, post such other officers or staff as may be required so as to meet the exigencies but while making such posting due regard may be given to the views of the Village Council.",
"footnote": "",
"is_definition": false,
"sort_order": 1360
},
{
"number": "42",
"title": "Section 42(7)",
"chapter": null,
"content": "(7) All officers and staff posted in the Village Council Office shall be accountable to the village Council for their performances and assessment of their works recorded by the Village Council shall be incorporated in their Annual Confidential Reports by the Government.",
"footnote": "",
"is_definition": false,
"sort_order": 1370
},
{
"number": "42",
"title": "Section 42(8)",
"chapter": null,
"content": "(8) Notwithstanding anything contained in any of the foregoing sub-sections, the Government may, at any time in consultation with the President, withdraw the Secretary or any other officer or staff posted or appointed by it in the office of the Village Council.",
"footnote": "",
"is_definition": false,
"sort_order": 1380
},
{
"number": "140",
"title": "CHAPTER VI - POWERS AND FUNCTIONS OF THE VILLAGE COUNCIL",
"chapter": "CHAPTER VI",
"content": "CHAPTER-VI\nPOWERS AND FUNCTIONS OF THE VILLAGE COUNCIL.",
"footnote": "",
"is_definition": false,
"sort_order": 1390
},
{
"number": "43",
"title": "Section 43. Subject to be under the control and administration of the Village council",
"chapter": null,
"content": "43. Notwithstanding anything contained in any other law or rules for the time being in force, the Village Council shall have the executive power in relation to the Village Council Area over the following subjects;\n1. Agriculture including Agricultural Extension.\n2. Animal Husbandry, Dairy Development and Poultry.\n3. Fisheries.\n4. Social and Farm Forestry/Minor forest produce, fuel and foodder.\n5. Khadi, Village and Cottage Industries.\n6. Rural Housing.\n7. Drinking Water.\n8. Road. Building, Culverts, bridges, tunnels, waterways and other means of communication.\n9. Rural Electrification.\n10. Nonconventional Energy Sources.\n11. Poverty Alleviation Programme,\n12. Education including Primary Schools.\n13. Adult and Non-formal Education.\n14. Libraries,\n15. Cultural Activities.\n16. Markets and Fairs.\n17. Rural sanitation,\n18. Public Health and Family Welfare.\n19. Women and Child Development.\n20. Social Welfare including Welfare of Handicapped and mentally retarded.\n21. Welfare of weaker section and in particular and Scheduled Castes and Scheduled Tribes.\n22. Public Distribution System.\n23. Maintenance of Community assets.\n24. Construction and maintenance of Dharam salas and similar institution,\n25. Construction and maintenance of cattle sheds, pounds and cart stands.\n26. Maintenance of Public parks and play grounds.\n27. Construction and maintenance of Slaughter houses.\n28. Maintenance and regulation of manure.\n29. Such other functions as may be entrusted by the Government from time to time.",
"footnote": "",
"is_definition": false,
"sort_order": 1400
},
{
"number": "44",
"title": "Section 44. Other matter to be under the control and administration of the Village council",
"chapter": null,
"content": "44. Subject to the gneral policy of the Government and subject to the general control and supervision of the General Council, the Village Council shall\n(i) formulate integrated development plans for the Village Council Area;\n(ii) implement schemes and programmes for development of the Village Council Area:\n(iii) have powers to appoint Class-III and Class-IV staff of the Village Council:\n(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 individuals within the Village Council Area;\n(v) guide customs and traditions and social Justice of the Lalung Community according to their traditional laws; and\n(vi) allot permits for trade and commerce to the people residing in the Village Council Area preference being given to the Lalung Community.",
"footnote": "",
"is_definition": false,
"sort_order": 1410
},
{
"number": "45",
"title": "Section 45(1)",
"chapter": null,
"content": "45. (1) Subject to the provisions of any other laws for the time being in force and subject to the previous approval of the General Council, the village Council shall have the power to collect within the village Council Area such taxes as are payable under the law for the time being in force in the manur as may be prescribed:",
"footnote": "",
"is_definition": false,
"sort_order": 1420
},
{
"number": "45",
"title": "Proviso to Section 45(1)",
"chapter": null,
"content": "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 Official Gazette.",
"footnote": "",
"is_definition": false,
"sort_order": 1430
},
{
"number": "45",
"title": "Section 45(2)",
"chapter": null,
"content": "(2) Subject to sub-section (1) and such maximum rates as the Government may prescribe, the Village Council, sha l\n(a) levy tolls on persons, vechicles or animals of any class, for the use of any bridge, or road other than kacha road or ferry constructed or established by it\n(b) Levy the foliowing fees and rates namely:-\n(i) fees on the registration of boats or vechicles;\n(ii) fees for providing sanitary arrangements at such places of worship, pilgrimage, fairs, meals or other public places within the Village Council Area as may be specified by the Government by notification in the Official Gazette:\n(iii) fees for licences;\n(iv) water rates where arrangements for irrigation or drinking water is made by it within the Village Council Area:\n(v) lighting rate where arrangements for lighting on public streets of places are made by it within the Village Council Area.",
"footnote": "",
"is_definition": false,
"sort_order": 1440
},
{
"number": "45",
"title": "Section 45(3)",
"chapter": null,
"content": "(3) Notwithstanding anything contained in the foregoing sub-sections, the Village Council shall not undertake registration of any vechicle or levy any fee in respect thereof and shall not provide sanitary arrangements at places of worship, pilgrimage, fairs, melas or other public places within the Village Council Area or levy any fees in respect thereof, if such vehicle has already been registered by any other authority under the law for the time being in force or if such provision for sanitary arrangements has already been made by the Government or any other local authority.",
"footnote": "",
"is_definition": false,
"sort_order": 1450
},
{
"number": "45",
"title": "Section 45(4)",
"chapter": null,
"content": "(4) The Collection of tolls, fees or rates and the terms and conditions for the imposition thereof shall be such as may be prescribed by the bye-laws such bye-laws may interalia provide for exemption from all or any class of cases.",
"footnote": "",
"is_definition": false,
"sort_order": 1460
},
{
"number": "46",
"title": "Section 46. Power to entrust functions",
"chapter": null,
"content": "46. Notwithstanding anything contained in this Act the Government may, in consultation with the Village Council entrust either conditionally or without any condition to the Village Council or its officers any functions in relation to any matter not enumerated in section 43 to which the executive power of the Government extends.",
"footnote": "",
"is_definition": false,
"sort_order": 1470
},
{
"number": "47",
"title": "Section 47. Power to acquire held and dispose of property",
"chapter": null,
"content": "47. Notwithstanding anything contained in section 31, the Village Council, subject to the prevoius approval of the Government and subject to such terms and conditions as may be imposed by the Government, shall have the power to acquire hold and dispose of any immovable property or movable property the value of which exceeds rupees fifty thousand and to enter into any agreement or contract with any party or authority.",
"footnote": "",
"is_definition": false,
"sort_order": 1480
},
{
"number": "150",
"title": "CHAPTER VII - ELECTION",
"chapter": "CHAPTER VII",
"content": "CHAPTER VII\nELECTION",
"footnote": "",
"is_definition": false,
"sort_order": 1490
},
{
"number": "48",
"title": "Section 48(1)",
"chapter": null,
"content": "48. (1) There shall be 10 (ten) constiutencies in a Village Council Area for electing members to the Village Council. Each such constituency shall be a single member constituency and shall be territorial.",
"footnote": "",
"is_definition": false,
"sort_order": 1500
},
{
"number": "48",
"title": "Section 48(2)",
"chapter": null,
"content": "(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.",
"footnote": "",
"is_definition": false,
"sort_order": 1510
},
{
"number": "48",
"title": "Section 48(3)",
"chapter": null,
"content": "(3) The Government shall, by order published in the Official Gazette, determine the territorial limits of the constituencies into which the Village Council Area or the Council Area shall be delimited for the purpose of election of members to the Village Council and the General Council.",
"footnote": "",
"is_definition": false,
"sort_order": 1520
},
{
"number": "49",
"title": "Section 49. Power to amend or alter delimitation",
"chapter": null,
"content": "49. Notwithstanding anything contrined in Secton, 48 above, the Government say, by order Published in the official gazelle atter or amerd the orde made under Section 48:",
"footnote": "",
"is_definition": false,
"sort_order": 1530
},
{
"number": "49",
"title": "Proviso to Section 49",
"chapter": null,
"content": "Provided that no such order shall be made after the commencement of the election process.",
"footnote": "",
"is_definition": false,
"sort_order": 1540
},
{
"number": "50",
"title": "Section 50(1)",
"chapter": null,
"content": "50.(1) Subject to the provisitions of this Act, and the rules made thereunder, so much of the electoral roll for the Assembly Constitutency in force on the last date of nomination, as is melatable to a Village Council Constituency, as defined in clause (c) of Seation 2, shall be the electoral roll for that Village Council Constituency.",
"footnote": "",
"is_definition": false,
"sort_order": 1550
},
{
"number": "50",
"title": "Section 50(2)",
"chapter": null,
"content": "(2) The electoral rolls of the Village Council Constituencies as are relatable to a constituency of the General Council, as defined in clause (c) of Section 2, shall be the electoral roll for the constituency of the General Council.",
"footnote": "",
"is_definition": false,
"sort_order": 1560
},
{
"number": "50",
"title": "Section 50(3)",
"chapter": null,
"content": "(3) Persons whose names are included in the electoral roll as aforsaid in sub-section (1) or (2) above, shall be the electorate for the election of members of the Village Council or the General Council, as the case may be",
"footnote": "",
"is_definition": false,
"sort_order": 1570
},
{
"number": "50",
"title": "Section 50(4)",
"chapter": null,
"content": "(4) The Government shall, at the time and in the manner prescribed, cause to be published the electoral roll in respect of constituency.",
"footnote": "",
"is_definition": false,
"sort_order": 1580
},
{
"number": "51",
"title": "Section 51(1)",
"chapter": null,
"content": "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.",
"footnote": "",
"is_definition": false,
"sort_order": 1590
},
{
"number": "51",
"title": "Section 51(2)",
"chapter": null,
"content": "(2) No person shall vote at an election in any constitutency, if he is subject to any the of qualifications referred to in section 10 of the Representation of People Act, 1951.",
"footnote": "Central Act 43 of 1951",
"is_definition": false,
"sort_order": 1600
},
{
"number": "51",
"title": "Section 51(3)",
"chapter": null,
"content": "(3) No person shall vote in more than one constituency.",
"footnote": "",
"is_definition": false,
"sort_order": 1610
},
{
"number": "51",
"title": "Section 51(4)",
"chapter": null,
"content": "(4) No person shall vote in the same constituency more than once.",
"footnote": "",
"is_definition": false,
"sort_order": 1620
},
{
"number": "51",
"title": "Section 51(5)",
"chapter": null,
"content": "(5) No person shall vote at any election if he is confined in a prison, whether under a sentence of imprisonment or otherwise or in the lawful custody of police:",
"footnote": "",
"is_definition": false,
"sort_order": 1630
},
{
"number": "51",
"title": "Proviso to Section 51(5)",
"chapter": null,
"content": "Provided that nothing in this sub-section shall apply to a person subject to preventive detention under any law for the time being in force.",
"footnote": "",
"is_definition": false,
"sort_order": 1640
},
{
"number": "52",
"title": "Section 52. Election of menbers",
"chapter": null,
"content": "52. Election of members shall be held in accordance with the rules made under section 60 and the first election for the purpose of constituting the General Council and the Village Councils shall be held on such date or dates as the Government may direct in consultation with the Interim Lalung (Tiwa) Executive Council referred to in section 80.",
"footnote": "",
"is_definition": false,
"sort_order": 1650
},
{
"number": "53",
"title": "Section 53. Qualification for membership of Village Council or General Council",
"chapter": null,
"content": "53. A person shall be qualified to be elected as member of either the village Council or the General Council if he is an elector as defined in clause (c) of section 2.",
"footnote": "",
"is_definition": false,
"sort_order": 1660
},
{
"number": "54",
"title": "Section 54(1)",
"chapter": null,
"content": "54.(i) A person shall not be qualified for being elected either to the Village Council or the General Council, if\n(a) he is not a citizen of India;\n(b) he is less than 18 years of age on such date as may fixed by the Government; or\n(c) he has been elected to any Municipality, Panchayat within the State of Assam or\n(d) he is in service of the Central or State Government, Municipality or other authority or\n(e) he has either directly or indirectly by himself, or by the person or employer or employee, any share or interest in any contact with by or on behalf of the Village Council General Council, or a Municipality or Panchayat within the Council Area;",
"footnote": "",
"is_definition": false,
"sort_order": 1670
},
{
"number": "54",
"title": "Proviso to Section 54(1)(e)",
"chapter": null,
"content": "Provided that no person shall be deemed to be so disqualified by reason only of his having a share or interest in a, public Company, as defined in the Companies Act, 1956, (Central Act of 1956) which contracts with or is employed by a Municipal Authority or Panchayat within the Council Area:",
"footnote": "Central Act of 1956",
"is_definition": false,
"sort_order": 1680
},
{
"number": "54",
"title": "Section 54(1)(f)",
"chapter": null,
"content": "(f) he has been dismissed from the service of the Central or State Government or a local authority or a Co-Operative Society or a Government Company as defined in the Companies Act, 1956 or Corporation owned or controlled by the Central or the State Government for misconduct involving moral turpitude and five years have not not elapsed from the date of such dismissal or",
"footnote": "Central Act of 1956",
"is_definition": false,
"sort_order": 1690
},
{
"number": "54",
"title": "Section 54(1)(g)",
"chapter": null,
"content": "(g) he has been adjudged by a Competent court to be of unsound mind; or",
"footnote": "",
"is_definition": false,
"sort_order": 1700
},
{
"number": "54",
"title": "Section 54(1)(h)",
"chapter": null,
"content": "(h) he has been convicted by a court of an offence involving moral turpitude punishable with imprisonment for a period of more than six months or an offence under Chapter IX A of the Indian Penal Code of Chapter III, part iii or part VII of the Representation of peoples Act 1951 and five years have not clapsed from the date of expiration of the sentence:",
"footnote": "Central Act 43 of 1951",
"is_definition": false,
"sort_order": 1710
},
{
"number": "54",
"title": "Proviso to Section 54(1)(h)",
"chapter": null,
"content": "Provided that a person shall not be disqualified under this section, by reason only of his being a Member, President or Vice-President of the Village Council or a member, Chief Executive Councillor or Executive Councillor of the General Council.",
"footnote": "",
"is_definition": false,
"sort_order": 1720
},
{
"number": "55",
"title": "Section 55. Filling up of vacancies",
"chapter": null,
"content": "55. Where the office of any member becomes vacant by reason of his death, resignation, removal or otherwise, the vacancy shall be filled by election in accordance with the provisions of this Act and the rules made thereunde",
"footnote": "",
"is_definition": false,
"sort_order": 1730
},
{
"number": "56",
"title": "Section 56. Validation",
"chapter": null,
"content": "56. Where the members elected at an election are restrained from functioning on account of the election as a whole being at aside by order of a court, anything done or any action taken by such 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.",
"footnote": "",
"is_definition": false,
"sort_order": 1740
},
{
"number": "57",
"title": "Section 57. Publication or results of elections",
"chapter": null,
"content": "57. The name of all persons elected to Village Councils or the General Council shall be published by the Government in the Official Gazette and upon such publication, the Village Councils and the General Council shall be deemed to have been duly constituted",
"footnote": "",
"is_definition": false,
"sort_order": 1750
},
{
"number": "58",
"title": "Section 58. Vacation of post",
"chapter": null,
"content": "58. If an elected member is choosen to be a member of Parliament or the State Legislature, and of the General Council in case of a member of the Village Council, then at the expiration of fourteen days from the date of publication in the Gazette of India or the Official Gazette, as the case may be, of the declaration that he has been so choosen, the seat of such member in the General Council or the Village Council, as the case may be, shall become vacant unless he has previously resigned his seat in the Parliament, or the State Liegislature or the General Council, as the case may be.",
"footnote": "",
"is_definition": false,
"sort_order": 1760
},
{
"number": "59",
"title": "Section 59(1)",
"chapter": null,
"content": "59. (1) No election shall be called in question except by an election petition presented in such manner as may be prescribed and before such authority as may be appointed by the Government, from time to time, by notification in the Official Gazette;",
"footnote": "",
"is_definition": false,
"sort_order": 1770
},
{
"number": "59",
"title": "Proviso to Section 59(1)",
"chapter": null,
"content": "Provided that no person below the rank of Assistant District Judge, in case or member of Village Council and District Judge, within the meaning of Article 236 of the Constitution, in case of member of the General Council, shall be appointed for the purpose.",
"footnote": "",
"is_definition": false,
"sort_order": 1780
},
{
"number": "59",
"title": "Section 59(2)",
"chapter": null,
"content": "(2) No election shall be called into question except on any one or more of the following grounds, namly;\n(a) that on the date of his election the returned candidate was not qualified or was disqualified to be choosen to fill the seat in the Village Council or the General Council, as the case may be;\n(b) that corrupt practice has been committed by the returned candidate or his election agent or by any other person with the consent of the returned candidate or his election agent.",
"footnote": "",
"is_definition": false,
"sort_order": 1790
},
{
"number": "59",
"title": "Explanation to Section 59(2)",
"chapter": null,
"content": "For this purpose, \"corrupt practice\" shall mean any of the corrupt practices specified in section 123 of the Representation of Peoples Act 1951.",
"footnote": "Central Act 43 of 1951",
"is_definition": false,
"sort_order": 1800
},
{
"number": "59",
"title": "Section 59(2)(c)",
"chapter": null,
"content": "(c) that any nomination has been improperly rejected:\n(d) that the result of the election in so far as it concerns the returned candidate has been materially affected--\n(1) by the improper acceptance of any nomination or\n(ii) by any corrupt practice committed the interest of the returned candidate by an agent other than his election agent; or\n(iii) by improper reception, refusal or rejection of any vote; or\n(iv) by reception of any vote which is void; or\n(v) by any non-compliance with the provisions of this Act or of any rules or order made thereunder.",
"footnote": "",
"is_definition": false,
"sort_order": 1810
},
{
"number": "59",
"title": "Section 59(3)",
"chapter": null,
"content": "(3) At the conclusion of trial of any election petition, the authority appointed under sub-section (1) shall make an order-\n(a) dismissing the election petition; or\n(b) declaring the election of all or any of the returned candidates to be void; or\n(c) declaring the election of all or any of the returned candidates to be void and the petitioner or any other candidate to have been duly elected.",
"footnote": "",
"is_definition": false,
"sort_order": 1820
},
{
"number": "59",
"title": "Section 59(4)",
"chapter": null,
"content": "(4) If a petitioner, in addition to calling in question the election of a returned candidate, make a declaration that he himself or any other candidate has been duly elected and the authority under sub-section (1) is of the opinion that: -\n(a) in fact the petitioner or such other candidate has received the majority votes, or\n(b) 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, the authority as aforesaid shall, after declering the election of the returned candidate to be void, declare the petitioner or such other candidate, as the case may be, to have been duly elected.",
"footnote": "",
"is_definition": false,
"sort_order": 1830
},
{
"number": "60",
"title": "Section 60. Power to make rules regulating the election of members",
"chapter": null,
"content": "60. The Government may, by notification in the in the Official Gazette make rules to regulate all or any of the following matters for the purpose of holding election to the Village Councils and to the General Council under this Act:-\n(a) the designation of the Officer or authority 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 electrol roll under section 50;\n(b) the appointment of Returning Officers, Presiding Officers and Polling Officers for election;\n(c) the drawing up of programme for election;\n(d) the nomination of candidates and scrutiny of such nominations;\n(e) the deposits to be made by the candidates and the time and manner of making such deposits;\n(f) the withdrawal of candidature;\n(g) the appointment of agents of candidates;\n(h) the filling up of casual vacancies;\n(i) the general procedure at the election including the time, place and hours of poll and the methods by which votes shall be cast;\n(j) the fee to be paid on election petition;\n(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 opinion of the Government adequate provision is necessary.",
"footnote": "",
"is_definition": false,
"sort_order": 1840
},
{
"number": "186",
"title": "CHAPTER VIII - FUNDS, AUDIT AND BUDGET",
"chapter": "CHAPTER VIII",
"content": "CHAPTER-VIII\nFUNDS, AUDIT AND BUDGET.",
"footnote": "",
"is_definition": false,
"sort_order": 1850
},
{
"number": "61",
"title": "Section 61(1)",
"chapter": null,
"content": "61. (1) There shall be two funds to be called respectively the General Council fund, meant for the General Council and the Village Council Fund meant for the Village Councils.",
"footnote": "",
"is_definition": false,
"sort_order": 1860
},
{
"number": "61",
"title": "Section 61(2)",
"chapter": null,
"content": "(2) Each fund as aforesaid shall be under separate Sub-Heads within the State Budget to be held for the purpose of this Act, and all moneys realised or realisable under this Act, and all moneys otherwise received by the General Council or the Village Council, as the case may be, shall be credited to its respective fund.",
"footnote": "",
"is_definition": false,
"sort_order": 1870
},
{
"number": "61",
"title": "Section 61(3)",
"chapter": null,
"content": "(3) The Government shall provide funds to the General Council Fund and the Village Council Fund from the Tribal Sub-Plan and other resources in accordance with the appropriate formulas to be worked out keeping in mind the resources of the Government, priorities on development works in other areas including other tribal areas along with other relevant deciding factors,",
"footnote": "",
"is_definition": false,
"sort_order": 1880
},
{
"number": "61",
"title": "Section 61(4)",
"chapter": null,
"content": "(4) The following shall be deposited to the Village Council Fund:\n(a) Contributions and grants received from the Government.\n(b) Contributions and grants from the General Council.\n(c) All receipts on account of donation, rates, fees, taxes, etc.\n(d) All other sums received by or on behalf of the Village Council.\n(e) Land Revenue and local rates, if any, on land including Tea Garden, which falls in the village Council Area.",
"footnote": "",
"is_definition": false,
"sort_order": 1890
},
{
"number": "61",
"title": "Section 61(5)",
"chapter": null,
"content": "(5) The allocation made under these Sub-Heads shall be in keeping with the guidelines laid down. by the Government of India from time to time in the spirit of the Constitution of India.",
"footnote": "",
"is_definition": false,
"sort_order": 1900
},
{
"number": "61",
"title": "Section 61(6)",
"chapter": null,
"content": "(6) The Government shall not divert the fund allocated under these Sub-Heads ecxcept in exigencies when there is unavoidable budget deficit.",
"footnote": "",
"is_definition": false,
"sort_order": 1910
},
{
"number": "61",
"title": "Section 61(7)",
"chapter": null,
"content": "(7) All funds, as may be allocated by the Central Government or the State Government for the General Council or the Village Council, as the case may be, shall be assigned to it and shall be credited to the General Council Fund or the Village Council Fund, as the case may be.",
"footnote": "",
"is_definition": false,
"sort_order": 1920
},
{
"number": "61",
"title": "Section 61(8)",
"chapter": null,
"content": "(8) The General Council or the Village Council as the case may be subject to the provisions of any law selating to the raising of loans by local authorities may raise with the approval of the Government loans for the purposes of this Act, and create a sinking fund for the repayment of such loan.",
"footnote": "",
"is_definition": false,
"sort_order": 1930
},
{
"number": "61",
"title": "Section 61(9)",
"chapter": null,
"content": "(9) The money credited to the General Council Fund or the Village Council Fund shall be applied for the payment of all sums, charges and costs necessary for carrying out the purposes of this Act.",
"footnote": "",
"is_definition": false,
"sort_order": 1940
},
{
"number": "61",
"title": "Section 61(10)",
"chapter": null,
"content": "(10) No payment shall be made out of the General Council Fund on the Village Council Fund unless such expenditure is covered by a current budget grant:",
"footnote": "",
"is_definition": false,
"sort_order": 1950
},
{
"number": "61",
"title": "Proviso to Section 61(10)",
"chapter": null,
"content": "Provided that the General Council or the Village Council, as the case may be, may make payments in terms of refund of deposits by, contractors or for urgent works undertaken in an emergency or when required by the Government in the interest of the public or under the decree or order of a civil or criminal court against the General Council or the Village Council as the case may be, and for such other cases as may be preseed:",
"footnote": "",
"is_definition": false,
"sort_order": 1960
},
{
"number": "61",
"title": "Further Proviso to Section 61(10)",
"chapter": null,
"content": "Provided further that such expenditure shall be reported to the General Council or the Village Council, as the case may be, for taking such action under the provisions of this Act, as may appear to it to be feasible for covering the amount of such payments.",
"footnote": "",
"is_definition": false,
"sort_order": 1970
},
{
"number": "61",
"title": "Section 61(11)",
"chapter": null,
"content": "(11) Surplus moneys standing at the credit of the General Council or the Village Council, as the case may be, at the end of the Financial Year, shall be invested in accordance with such bye-laws as may be made by the General Council, in this behalf:",
"footnote": "",
"is_definition": false,
"sort_order": 1980
},
{
"number": "61",
"title": "Proviso to Section 61(11)",
"chapter": null,
"content": "Provided that no funds standing at the credit of the General Council or the Village Council, as the case may be, shall be lapsed but shall be carried over to the budget of the next financial years.",
"footnote": "",
"is_definition": false,
"sort_order": 1990
},
{
"number": "61",
"title": "Section 61(12)",
"chapter": null,
"content": "(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 custody to the moneys therein and any other matter incidental thereto or connected therewith.",
"footnote": "",
"is_definition": false,
"sort_order": 2000
},
{
"number": "61",
"title": "Section 61(13)",
"chapter": null,
"content": "(13) The accounts of the General Council and the Village Council shall be kept in such formand manner as may be prescribed in consultation with the Accountant General, Assam.",
"footnote": "",
"is_definition": false,
"sort_order": 2010
},
{
"number": "62",
"title": "Section 62. Audit",
"chapter": null,
"content": "62. Subject to the provisions of the Comptroller and Auditor General's (Duties, Power and Conditions of Service) Act, 1971 and the rules and the orders made thereunder, 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 thereon 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.",
"footnote": "Central Act, 56 of 1971",
"is_definition": false,
"sort_order": 2020
},
{
"number": "63",
"title": "Section 63(1)",
"chapter": null,
"content": "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 disbursements for the following financial years and submit it to the Government by 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 General Council for consideration and onward transmission to the Government on or before the 1st October of the current financial year.",
"footnote": "",
"is_definition": false,
"sort_order": 2030
},
{
"number": "63",
"title": "Section 63(2)",
"chapter": null,
"content": "(2) The Government may within such time as may be prescribed. either approve the budget or return it to the General Council or the Village Council concerned, as the case may be, for reconsideration on the observations of the Government, if any. The General Council or the Village Council concerned as the case may be, shall thereupon resubmit the budget alongwith its Comments on the observation and if the approval of the Government upon such submission or resubmission as the case [may be, is not received by the General Council or the Village Councils as the case may be, the budget shall be deemed to have been approved by the Government.",
"footnote": "",
"is_definition": false,
"sort_order": 2040
},
{
"number": "63",
"title": "Section 63(3)",
"chapter": null,
"content": "(3) No expenditure shall be incurred unless the budget of the General Council as well as the budget of the Village Councils are either approved or deemed to have approved by the Government.",
"footnote": "",
"is_definition": false,
"sort_order": 2050
},
{
"number": "207",
"title": "CHAPTER IX - MISCELLANEOUS",
"chapter": "CHAPTER IX",
"content": "CHAPTER-IX\nMiscellaneous",
"footnote": "",
"is_definition": false,
"sort_order": 2060
},
{
"number": "64",
"title": "Section 64. Effect of bye-law, etc.",
"chapter": null,
"content": "64. All the bye-laws, regulations made orders passed and notification issued under this Act, by the General Council or the Executive Council or the Village Councils as the case may be shall be subject to maintenance of security and safety of the State of Assam and Government shall have the powers to take such steps as may be deemed necessary. for the purpose.",
"footnote": "",
"is_definition": false,
"sort_order": 2070
},
{
"number": "65",
"title": "Section 65. Power to issue instruction",
"chapter": null,
"content": "65. The Government shall have the General power to issue instructions from time to time for the purpose of implementation of this Act.",
"footnote": "",
"is_definition": false,
"sort_order": 2080
},
{
"number": "66",
"title": "Section 66. Protection of the rights of the non-tribal and other ethenic groups",
"chapter": null,
"content": "66. All rights and interest of the ron-tribal citizens and other ethenic groups other than the Latung community within the Council Area as exist at the commencement of this Act in matters partaining to their language literature, culture, religion, customs and traditions, trade and Commerce. Industry, land, etc., shall be protected.",
"footnote": "",
"is_definition": false,
"sort_order": 2090
},
{
"number": "67",
"title": "Section 67(1)",
"chapter": null,
"content": "67. (1) Subject to such restrictions as the Government may impose all properties specified below and situated in the Council Area shall vest in and belong to General Council, namely\n(a) all public buildings con tructed or maintained out of the general council fund.\n(b) all public roads which have been constructed and maintained out of the General Council Fund and stones and other materials there of and also trees, erections, materials implements and things provided for such roads;\n(c) all land and other properties movable or immovable transferred to the General Council by the Government;\n(d) such properties owned and controlled by the Municipality or the Panchayat as may be assigned to the General Council by the Government.",
"footnote": "",
"is_definition": false,
"sort_order": 2100
},
{
"number": "67",
"title": "Section 67(2)",
"chapter": null,
"content": "(2) Notwithstanding anything contained in sub-section (1) above all the properties specified in sub-section (1) and construction and maintanance of which has been done out of village council fund shall vest in and belong to the Village Council within the area in which the property is situated.",
"footnote": "",
"is_definition": false,
"sort_order": 2110
},
{
"number": "67",
"title": "Section 67(3)",
"chapter": null,
"content": "(3) The properties vested under sub-section (1) or (2) above and all the properties which may become vested in the General Council as the case may be shall be under the management, direction and control of the General Council or the Village Council concerned as the case may be.",
"footnote": "",
"is_definition": false,
"sort_order": 2120
},
{
"number": "68",
"title": "Section 68(1)",
"chapter": null,
"content": "68. (1) The Governor may, if he is satisfied on receipt of a report or otherwise and in consultation with the Judicial Departament of the Government that a situation has arisen in which the administration of the Council Area cannot be carried out in accordance with the provisions of the law for the time being in force or the general or the special instructions issued by the Government from time to time, by notification in the Official Gazette, dissolve the General Council, the Executive Council and the Village Councils before the expiry of the terms and assume to himself all or any of the powers and functions of the General Council, the Executive Council and the Village Councils and declare that such powers and functions shall be exercised by such persons or authority as he may specify in this behalf for a period not exceeding six months at a time.",
"footnote": "",
"is_definition": false,
"sort_order": 2130
},
{
"number": "68",
"title": "Section 68(2)",
"chapter": null,
"content": "(2) Every order made under sub-section (1) above shall be laid before the State Legislature for approval and unless approved by the State Legislature shall cease to operate on the expiry of thirty days from the date on which the Assam Legislative Assembly first sits after the issue of the orders.",
"footnote": "",
"is_definition": false,
"sort_order": 2140
},
{
"number": "69",
"title": "Section 69",
"chapter": null,
"content": "69. When an order of dissolutior is made under Section 68, with effect from the date of orders-\n(a) all the members of the General Council, the Executive Council and Village Councils shall vacate their offices, and\n(b) all powers, duties, functions of the General Council, the Executive Council and the Village Councils shall be exercised, discharged and performed by such authorities or persons as may be appointed by the Governor in this behalf.",
"footnote": "",
"is_definition": false,
"sort_order": 2150
},
{
"number": "70",
"title": "Section 70. Special provision Council Areas",
"chapter": null,
"content": "70. The Government shall consult and give due regard to the views of the General Council before any law is made and implemented in the Council Area on the following subject namely-\n(i) the religious and social practice of the Lalung (Tiwa) Community:\n(ii) the Customary laws and procedures of the Lalung (Tiwa) Community;\n(iii) Ownership and transfer of land within the Council Area.",
"footnote": "",
"is_definition": false,
"sort_order": 2160
},
{
"number": "71",
"title": "Section 71. Reservation for services",
"chapter": null,
"content": "71. Subject to the provisions of the law for the time being in force the Geueral Council shall have the power to reserve jobs for the Scheduled Tribes within its jurisdiction",
"footnote": "",
"is_definition": false,
"sort_order": 2170
},
{
"number": "72",
"title": "Section 72. Members, Officers employees to be public servants",
"chapter": null,
"content": "72. The Chief Executive Councillor, the Executive Councillors, the President and the Vice President of the Village Councils shall be deemed to be public servants within the meaning of Section 21 of the Indian Panel Code",
"footnote": "",
"is_definition": false,
"sort_order": 2180
},
{
"number": "73",
"title": "Section 73. Validation",
"chapter": null,
"content": "73. No act or procceedings of the General Council or the Executive 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 thereof.",
"footnote": "",
"is_definition": false,
"sort_order": 2190
},
{
"number": "74",
"title": "Section 74. Indemnity",
"chapter": null,
"content": "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 thereunder.",
"footnote": "",
"is_definition": false,
"sort_order": 2200
},
{
"number": "75",
"title": "Section 75. Interpretation",
"chapter": null,
"content": "75. If any question arises as to the interpretation of this Act or the rules made thereunder the same shall be referred to the Government whose decision thereon shall be final",
"footnote": "",
"is_definition": false,
"sort_order": 2210
},
{
"number": "76",
"title": "Section 76. Removal of difficulties",
"chapter": null,
"content": "76. If any difficulty arises in giving effect to any provisions of this Act, the Government may by order, do anything not inconsistent with the provisions of this Act as may appear necessary or expedient for the purrose of removing the difficulty.",
"footnote": "",
"is_definition": false,
"sort_order": 2220
},
{
"number": "77",
"title": "Section 77. Special status",
"chapter": null,
"content": "77. The General Council shall, within the laws for the time being in force, take steps to protect the demographic complexion of the areas falling within its jurisdiction",
"footnote": "",
"is_definition": false,
"sort_order": 2230
},
{
"number": "78",
"title": "Section 78. Application of Act of the Legislature of the State",
"chapter": null,
"content": "78. If any provision of the bye-law made by the General Council is repugnant to any provision of the law made by the Legislature of the State of Assam, with respect to that matter than the by-laws co made, whether bei re Or after the law made by the Legislature of the State of Assam, shall to the extent of repugnancy byvoid and the law made by the Legislature shall prevail.",
"footnote": "",
"is_definition": false,
"sort_order": 2240
},
{
"number": "79",
"title": "Section 79(1)",
"chapter": null,
"content": "79 (1) The Government may make rules providing matter which with any provision of this Act is required to be prescribed or to be provided for by rules.",
"footnote": "",
"is_definition": false,
"sort_order": 2250
},
{
"number": "79",
"title": "Section 79(2)",
"chapter": null,
"content": "(2) Every rules 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 for a total period of fourteen days which may be comprised in one session or in two or more suce-essive sessions and if before the expiry of the session immediately following the session or the successive session aforesaid, the State Legislature agrees in making any modification in the rule or the State Legislature 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:",
"footnote": "",
"is_definition": false,
"sort_order": 2260
},
{
"number": "79",
"title": "Proviso to Section 79(2)",
"chapter": null,
"content": "Provided however that may such modification or annulment shall be without prejudice to the validity of anything previously done under the rule.",
"footnote": "",
"is_definition": false,
"sort_order": 2270
},
{
"number": "80",
"title": "Section 80. Transitional provisions",
"chapter": null,
"content": "80. The Government shall as soon as possible. take steps for the constitution of an Interim Lalung (Tiwa) Executive Council by nomination untill the General Council is constituted under this Act. The Interim Executive Council shall, in addition, look after the duties of the village Councils till the same are constituted under this Act,",
"footnote": "",
"is_definition": false,
"sort_order": 2280
},
{
"number": "81",
"title": "Section 81. Saving",
"chapter": null,
"content": "81. Nothing in this Act shall affect the applications 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.",
"footnote": "",
"is_definition": false,
"sort_order": 2290
},
{
"number": "81",
"title": "Explanation to Section 81",
"chapter": null,
"content": "For the purpose, of this section 'Law' shall, include any enactment, Act, regulation, order, bye-law, rules, scheme, notification or other instrument having the force of law.",
"footnote": "",
"is_definition": false,
"sort_order": 2300
},
{
"number": "82",
"title": "Section 82(1)",
"chapter": null,
"content": "82. (1) The Lalung (Tiwa) Autonomous Council Ordinance, 1995 (Assam Ordinance No.-V of 1995) is hereby repealed.",
"footnote": "Assam Ordinance No. V of 1995",
"is_definition": false,
"sort_order": 2310
},
{
"number": "82",
"title": "Section 82(2)",
"chapter": null,
"content": "(2) Notwithstanding such repeal anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.\r\nM. K. DEKA.\r\nJoint Secy. and i/c Secy. to the Govt. of Assam,\r\nLegislative Department.\r\nGUWAHATI-Printed & published by the Dy. Director (P.&S.). Directorate\r\nof Pog. and Sty. Assam, Guwahati-21 (Ex-Gazette)\r\nNo. 461-740-500-30-10-1995.",
"footnote": "",
"is_definition": false,
"sort_order": 2320
}
],
"metadata": {
"Act ID": "199525",
"Act Number": "XXV",
"Enactment Date": "1995-10-27",
"Act Year": "1995",
"Short Title": "The Lalung (Tiwa) Autonomous Council Act, 1995",
"Department": "LEGISLATIVE DEPARTMENT: LEGISLATIVE BRANCH",
"Type": "STATE",
"Location": "Assam"
},
"updated_at": "2026-09-29 21:53:25"
}