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THE MATAK AUTONOMOUS COUNCIL ACT, 2020
The Matak Autonomous Council Act, 2020
Sections
An ACT
Section 1Preamble
Section 2
CHAPTER I
CHAPTER I - PRELIMINARY
Section 3Section 1(1)
Section 1Section 1(2)
Section 1Section 1(3)
Section 1Section 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 3(1)
Section 3Section 3(2)
Section 3
CHAPTER II
CHAPTER II - THE GENERAL COUNCIL
Section 26Section 4
Section 4Section 5(1)
Section 5Section 5(2)
Section 5Section 5(3)
Section 5Section 6(1)
Section 6Section 6(2)
Section 6Section 6(3)
Section 6Section 7(1)
Section 7Proviso to Section 7(1)
Section 7Section 7(2)
Section 7Section 8(1)
Section 8Section 8(2)
Section 8Section 8(3)
Section 8Section 8(4)
Section 8Section 9(1)
Section 9Section 9(2)
Section 9Section 10(1)
Section 10Proviso to Section 10(1)
Section 10Section 10(2)
Section 10Section 11
Section 11Proviso to Section 11(d)
Section 11Section 11(e)
Section 11Section 12(1)
Section 12Section 12(2)
Section 12Proviso to Section 12(2)
Section 12Section 13
Section 13Section 14
Section 14Section 15
Section 15Section 16(1)
Section 16Section 16(2)
Section 16Section 16(3)
Section 16Section 16(4)
Section 16Section 16(5)
Section 16Section 16(6)
Section 16Section 16(7)
Section 16Section 16(8)
Section 16
CHAPTER III
CHAPTER III - [CHAPTER TITLE]
Section 63Section 17
Section 17Section 18
Section 18Section 19(1)
Section 19Section 19(2)
Section 19Section 19(3)
Section 19Section 20
Section 20Section 21
Section 21Section 22(1)
Section 22Section 22(2)
Section 22
CHAPTER IV
CHAPTER IV - THE EXECUTIVE COUNCIL
Section 73Section 23(a)
Section 23Section 23(b)
Section 23Section 23(c)
Section 23Proviso to Section 23(c)
Section 23Section 23(d)
Section 23Section 23(e)
Section 23Section 24
Section 24Proviso to Section 24
Section 24Section 25(1)
Section 25Section 25(2)
Section 25Section 25(3)
Section 25Section 26(1)
Section 26Section 26(2)
Section 26Section 27(1)
Section 27Section 27(2)
Section 27Section 28(1)
Section 28Section 28(2)
Section 28Section 29
Section 29
CHAPTER V
CHAPTER V - ELECTION
Section 92Section 30(1)
Section 30Section 30(2)
Section 30Section 31
Section 31Proviso to Section 31
Section 31Section 32(1)
Section 32Section 32(2)
Section 32Section 32(3)
Section 32Section 33(1)
Section 33Section 33(2)
Section 33Section 33(3)
Section 33Section 33(4)
Section 33Section 33(5)
Section 33Proviso to Section 33(5)
Section 33Section 34
Section 34Section 35
Section 35Section 36
Section 36Proviso 1 to Section 36
Section 36Section 36(f)
Section 36Section 36(g)
Section 36Section 36(h)
Section 36Proviso 2 to Section 36
Section 36Section 37
Section 37Section 38
Section 38Section 39
Section 39Section 40
Section 40Section 41(1)
Section 41Proviso to Section 41(1)
Section 41Section 41(2)
Section 41Explanation to Section 41(2)(b)
Section 41Section 41(2)(c)
Section 41Section 41(2)(d)
Section 41Section 41(3)
Section 41Section 41(4)
Section 41Section 42
Section 42
CHAPTER VI
CHAPTER VI - FUNDS, AUDIT AND BUDGET
Section 127Section 43(1)
Section 43Section 43(2)
Section 43Section 43(3)
Section 43Section 44
Section 44Section 45(1)
Section 45Section 45(2)
Section 45Section 45(3)
Section 45Section 45(4)
Section 45
CHAPTER VII
CHAPTER VII - MISCELLANEOUS
Section 136Section 46
Section 46Section 47
Section 47Section 48(1)
Section 48Section 49(1)
Section 49Section 49(2)
Section 49Section 50
Section 50Section 51(1)
Section 51Section 52
Section 52Section 53
Section 53Section 54
Section 54Section 55
Section 55Section 56
Section 56Section 57
Section 57Section 58(1)
Section 58Section 58(2)
Section 58Proviso to Section 58(2)
Section 58Section 59
Section 59Explanation to Section 59
Section 59Preamble
Section 155Section 1(1)
Section 1Section 1(2)
Section 1Section 1(3)
Section 1Section 2
Section 2Proviso to Section 59
Section 59Preamble
Section 161Section 1(1)
Section 1Section 1(2)
Section 1Section 1(3)
Section 1Section 2
Section 2Section 3
Section 3Preamble
Section 167Section 1(1)
Section 1Section 1(2)
Section 1Section 1(3)
Section 1Section 2
Section 2Section 3
Section 3Section 4
Section 4Section 5
Section 5Section 6
Section 6Section 7
Section 7
matak-autonomous-council-act-2020.json
•
176 Sections
•
Assam
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"id": 1125,
"slug": "matak-autonomous-council-act-2020",
"title": "THE MATAK AUTONOMOUS COUNCIL ACT, 2020",
"short_title": "The Matak Autonomous Council Act, 2020",
"act_number": "XXIV",
"act_year": 2020,
"act_type": "STATE",
"location": "Assam",
"law_status": "valid",
"enactment_date": "2020-10-12",
"description": "The Matak Autonomous Council Act, 2020",
"preamble": "",
"section_label": "Section",
"sections": [
{
"number": "1",
"title": "An ACT",
"chapter": null,
"content": "to provide for the establishment of an administrative authority in the name and style of the Matak Autonomous Council and for matters incidental thereto and connected therewith.",
"footnote": "",
"is_definition": false,
"sort_order": 0
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{
"number": "2",
"title": "Preamble",
"chapter": null,
"content": "Whereas it is expedient to provide for the establishment of a Matak Autonomous Council within the State of Assam within the framework of the Constitution of India, comprising of Matak dominated villages of the state of Assam for social, economic, educational, ethnic and cultural advancement of the Matak community residing therein;\nIt is hereby enacted in the Seventy-first Year of the Republic of India as follows:-",
"footnote": "",
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"sort_order": 10
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{
"number": "3",
"title": "CHAPTER I - PRELIMINARY",
"chapter": "CHAPTER I",
"content": "CHAPTER-1\nPRELIMINARY",
"footnote": "",
"is_definition": false,
"sort_order": 20
},
{
"number": "1",
"title": "Section 1(1)",
"chapter": null,
"content": "This Act may be called the Matak Autonomous Council Act, 2020.",
"footnote": "",
"is_definition": false,
"sort_order": 30
},
{
"number": "1",
"title": "Section 1(2)",
"chapter": null,
"content": "It extends to the whole of the State of Assam.",
"footnote": "",
"is_definition": false,
"sort_order": 40
},
{
"number": "1",
"title": "Section 1(3)",
"chapter": null,
"content": "It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act or different areas.",
"footnote": "",
"is_definition": false,
"sort_order": 50
},
{
"number": "2",
"title": "Section 2(a)",
"chapter": null,
"content": "\"bye-laws\" means the bye-laws framed by the General Council;",
"footnote": "",
"is_definition": true,
"sort_order": 60
},
{
"number": "2",
"title": "Section 2(b)",
"chapter": null,
"content": "\"Constitution\" means the Constitution of India;",
"footnote": "",
"is_definition": true,
"sort_order": 70
},
{
"number": "2",
"title": "Section 2(c)",
"chapter": null,
"content": "\"Constituency\" means the constituency referred to in section 30;",
"footnote": "",
"is_definition": true,
"sort_order": 80
},
{
"number": "2",
"title": "Section 2(d)",
"chapter": null,
"content": "\"Council Area\" means the Matak Autonomous Council Area;",
"footnote": "",
"is_definition": true,
"sort_order": 90
},
{
"number": "2",
"title": "Section 2(e)",
"chapter": null,
"content": "\"Executive Council\" means the executive body of the General Council of the Matak Autonomous Council Constituted under section 5 (3);",
"footnote": "",
"is_definition": true,
"sort_order": 100
},
{
"number": "2",
"title": "Section 2(f)",
"chapter": null,
"content": "\"Elector\" 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": 110
},
{
"number": "2",
"title": "Section 2(g)",
"chapter": null,
"content": "\"General Council Fund\" means the fund constituted under section 43;",
"footnote": "",
"is_definition": true,
"sort_order": 120
},
{
"number": "2",
"title": "Section 2(h)",
"chapter": null,
"content": "\"Government\" means the State Government of Assam;",
"footnote": "",
"is_definition": true,
"sort_order": 130
},
{
"number": "2",
"title": "Section 2(i)",
"chapter": null,
"content": "\"Governor\" means the Governor of Assam;",
"footnote": "",
"is_definition": true,
"sort_order": 140
},
{
"number": "2",
"title": "Section 2(j)",
"chapter": null,
"content": "\"General Council\" means the General Council of the Matak Autonomous Council referred to in section 3;",
"footnote": "",
"is_definition": true,
"sort_order": 150
},
{
"number": "2",
"title": "Section 2(k)",
"chapter": null,
"content": "\"Member\" means a member of the General Council or the Executive Council, as the case may be;",
"footnote": "",
"is_definition": true,
"sort_order": 160
},
{
"number": "2",
"title": "Section 2(l)",
"chapter": null,
"content": "\"Notification\" means the notification issued under this Act;",
"footnote": "",
"is_definition": true,
"sort_order": 170
},
{
"number": "2",
"title": "Section 2(m)",
"chapter": null,
"content": "\"Official Gazette\" means the Official Gazette of Assam;",
"footnote": "",
"is_definition": true,
"sort_order": 180
},
{
"number": "2",
"title": "Section 2(n)",
"chapter": null,
"content": "\"Prescribed\" means prescribed by rules made under this Act;",
"footnote": "",
"is_definition": true,
"sort_order": 190
},
{
"number": "2",
"title": "Section 2(o)",
"chapter": null,
"content": "\"Council Areas\" means the area or areas consisting of villages with 50% or more population therein belonging to Matak community notified by the State Government as Council area under this Act;",
"footnote": "",
"is_definition": true,
"sort_order": 200
},
{
"number": "2",
"title": "Section 2(p)",
"chapter": null,
"content": "\"Village\" means a census village not falling within any notified urban or town area, inhabited predominantly by Matak Community comprising 50% and above and notified as village under this Act;",
"footnote": "",
"is_definition": true,
"sort_order": 210
},
{
"number": "2",
"title": "Section 2(q)",
"chapter": null,
"content": "\"Commission\" means the Assam State Election Commission.",
"footnote": "",
"is_definition": true,
"sort_order": 220
},
{
"number": "3",
"title": "Section 3(1)",
"chapter": null,
"content": "There shall be an Autonomous Council to be called the Matak Autonomous Council within the State of Assam comprising of the areas of Matak dominated villages as may be notified by the Government in the Official Gazette.",
"footnote": "",
"is_definition": false,
"sort_order": 230
},
{
"number": "3",
"title": "Section 3(2)",
"chapter": null,
"content": "The Matak Autonomous Council shall have a General Council and an Executive Council as provided hereinafter.",
"footnote": "",
"is_definition": false,
"sort_order": 240
},
{
"number": "26",
"title": "CHAPTER II - THE GENERAL COUNCIL",
"chapter": "CHAPTER II",
"content": "CHAPTER-11\nTHE GENERAL COUNCIL",
"footnote": "",
"is_definition": false,
"sort_order": 250
},
{
"number": "4",
"title": "Section 4",
"chapter": null,
"content": "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": 260
},
{
"number": "5",
"title": "Section 5(1)",
"chapter": null,
"content": "The General Council shall consist of 25 (twenty five) members out of which 22 (twenty two) shall be directly elected and 3 (three) shall be nominated by the Government of Assam with the concurrence of the Matak Autonomous Council from amongst the group of communities residing in the Council area and not otherwise represented in it. Out of 22 (twenty two) seats, 17 (seventeen) shall be reserved for Matak community, 4 (four) seats shall be reserved for women and 1 (one) for General category.",
"footnote": "",
"is_definition": false,
"sort_order": 270
},
{
"number": "5",
"title": "Section 5(2)",
"chapter": null,
"content": "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": 280
},
{
"number": "5",
"title": "Section 5(3)",
"chapter": null,
"content": "The elected members of the General Council shall, at the first meeting to be convened by an officer authorized by the Government after the election for the purpose of constitution of the Executive Council, elect from amongst themselves by a secret ballot one of the members to be Chairman of the meeting to conduct the proceeding where he shall also cast his vote and elect from amongst themselves in the manner prescribed:-\n(a) One member to be the Chairman;\n(b) One member to be the Deputy Chairman;\n(c) One Chief Executive Councilors of the Executive Council;\n(d) As many Executive Councilors as may be decided by the General Council, but not exceeding one third of the total number of members of the General Council.",
"footnote": "",
"is_definition": false,
"sort_order": 290
},
{
"number": "6",
"title": "Section 6(1)",
"chapter": null,
"content": "The term of office of the General Council shall be five years from the date of the first meeting after the election of members in accordance with provisions of section 5 (3), unless dissolved earlier under section 49.",
"footnote": "",
"is_definition": false,
"sort_order": 300
},
{
"number": "6",
"title": "Section 6(2)",
"chapter": null,
"content": "Notwithstanding anything contained in sub-section (1) above, the Chief Executive Councilor or the Executive Councilors shall cease to hold office as such forthwith if he, for any reason, ceases to be a member.",
"footnote": "",
"is_definition": false,
"sort_order": 310
},
{
"number": "6",
"title": "Section 6(3)",
"chapter": null,
"content": "Notwithstanding anything contained in sub-section (1) the Governor may, if he is satisfied that circumstances so exist which render the holding of the election, as provided, impracticable, extend the term for a period not exceeding one year.",
"footnote": "",
"is_definition": false,
"sort_order": 320
},
{
"number": "7",
"title": "Section 7(1)",
"chapter": null,
"content": "Any member of the General Council may, at any time, by giving notice in writing addressed to the Chief Executive Councilor, resign his office:",
"footnote": "",
"is_definition": false,
"sort_order": 330
},
{
"number": "7",
"title": "Proviso to Section 7(1)",
"chapter": null,
"content": "Provided that in case of the Chief Executive Councilor, the notice shall be addressed to any of the Executive Councilors.",
"footnote": "",
"is_definition": false,
"sort_order": 340
},
{
"number": "7",
"title": "Section 7(2)",
"chapter": null,
"content": "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": 350
},
{
"number": "8",
"title": "Section 8(1)",
"chapter": null,
"content": "The Chief Executive Councilor or the Executive Councilors or any one of them or all of them may be removed from office by a resolution carried by a majority of the total number of the elected members at a special meeting of the General Council called for the purpose upon a requisition made in writing by not less than one third of the members of the General Council.",
"footnote": "",
"is_definition": false,
"sort_order": 360
},
{
"number": "8",
"title": "Section 8(2)",
"chapter": null,
"content": "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 36 after his election as member of the General Council, or\n(c) is absent from three consecutive meetings of the General Council.",
"footnote": "",
"is_definition": false,
"sort_order": 370
},
{
"number": "8",
"title": "Section 8(3)",
"chapter": null,
"content": "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 interlocutory order or orders including stay of operation of the order appealed against.",
"footnote": "",
"is_definition": false,
"sort_order": 380
},
{
"number": "8",
"title": "Section 8(4)",
"chapter": null,
"content": "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": 390
},
{
"number": "9",
"title": "Section 9(1)",
"chapter": null,
"content": "The Chief Executive Councilor and the Executive Councilors shall be whole time functionaries and shall be paid honorium and other allowances out of the General Council Fund as may be prescribed.",
"footnote": "",
"is_definition": false,
"sort_order": 400
},
{
"number": "9",
"title": "Section 9(2)",
"chapter": null,
"content": "The other term and conditions of service of the Chief Executive Councilor and the Executive Councilors shall be such as may be prescribed.",
"footnote": "",
"is_definition": false,
"sort_order": 410
},
{
"number": "10",
"title": "Section 10(1)",
"chapter": null,
"content": "Where the office of any member falls vacant by reason of his death, resignation, removal or otherwise, the vacancy shall be filled up by election in accordance with the provisions of this Act and the rules framed thereunder:",
"footnote": "",
"is_definition": false,
"sort_order": 420
},
{
"number": "10",
"title": "Proviso to Section 10(1)",
"chapter": null,
"content": "Provided that any vacancy in the office of the Chief Executive Councilor or the Executive Councilors shall be filled up by the General Council by electing a member thereof in the manner prescribed for the election of the Chief Executive Councilor or the Executive Councilors, as the case may be.",
"footnote": "",
"is_definition": false,
"sort_order": 430
},
{
"number": "10",
"title": "Section 10(2)",
"chapter": null,
"content": "Any member elected in accordance with the provisions of sub-section (1) above, shall hold such office only for the remainder of the term of the General Council or the period extended under sub-section (3) of section 6.",
"footnote": "",
"is_definition": false,
"sort_order": 440
},
{
"number": "11",
"title": "Section 11",
"chapter": null,
"content": "The Chief Executive Councilor 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, or for the purpose of making any order under this Act, exercise such powers, perform such functions and discharge such duties as may be exercised, performed or discharged by the General Council under this Act or the rules made thereunder:",
"footnote": "",
"is_definition": false,
"sort_order": 450
},
{
"number": "11",
"title": "Proviso to Section 11(d)",
"chapter": null,
"content": "Provided that the Chief Executive Councilor shall not exercise such powers, perform such functions or discharge such duties as may be required by the rules made under this Act to be exercised, performed or discharged by the General Council at a meeting.",
"footnote": "",
"is_definition": false,
"sort_order": 460
},
{
"number": "11",
"title": "Section 11(e)",
"chapter": null,
"content": "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": 470
},
{
"number": "12",
"title": "Section 12(1)",
"chapter": null,
"content": "The General Council shall meet at least once in every three months for transaction of its business.",
"footnote": "",
"is_definition": false,
"sort_order": 480
},
{
"number": "12",
"title": "Section 12(2)",
"chapter": null,
"content": "The meeting of the General Council shall be held at the headquarter of the Matak Autonomous Council at such time as may be notified by the Chief Executive Councilor:",
"footnote": "",
"is_definition": false,
"sort_order": 490
},
{
"number": "12",
"title": "Proviso to Section 12(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": 500
},
{
"number": "13",
"title": "Section 13",
"chapter": null,
"content": "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": 510
},
{
"number": "14",
"title": "Section 14",
"chapter": null,
"content": "The quorum necessary for transaction of business at a meeting of the General Council shall be one third of the members and the decision of the General Council shall be by a single majority of votes of the members present.",
"footnote": "",
"is_definition": false,
"sort_order": 520
},
{
"number": "15",
"title": "Section 15",
"chapter": null,
"content": "The Government may, by notification in the Official Gazette, declare any place within the Council Area to be the head quarter of the General Council.",
"footnote": "",
"is_definition": false,
"sort_order": 530
},
{
"number": "16",
"title": "Section 16(1)",
"chapter": null,
"content": "There shall be a Secretariat for the Matak Autonomous Council at the head-quarter of the General Council headed by a Principal Secretary to be appointed by the Government in consultation with the Chief Executive Councilor.",
"footnote": "",
"is_definition": false,
"sort_order": 540
},
{
"number": "16",
"title": "Section 16(2)",
"chapter": null,
"content": "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": 550
},
{
"number": "16",
"title": "Section 16(3)",
"chapter": null,
"content": "The Principal Secretary shall be present and take part in the discussion of all the meeting of the General Council or the Executive Council or any committee of the General Council and may, with the consent of the Chief Executive Councilor or any other person presiding over such meeting for the time being, as the case may be, at any time make a statement or give explanation of the facts and circumstances but shall not be entitled to vote in any such meeting.",
"footnote": "",
"is_definition": false,
"sort_order": 560
},
{
"number": "16",
"title": "Section 16(4)",
"chapter": null,
"content": "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": 570
},
{
"number": "16",
"title": "Section 16(5)",
"chapter": null,
"content": "The term of appointment of the Principal Secretary shall be for a period of three years but may be extended by the Government in consultation with the Chief Executive Councilor.",
"footnote": "",
"is_definition": false,
"sort_order": 580
},
{
"number": "16",
"title": "Section 16(6)",
"chapter": null,
"content": "The Government may appoint such officers for the General Council on such terms and conditions as the Government may, in consultation with the Chief Executive Councilor, determine.",
"footnote": "",
"is_definition": false,
"sort_order": 590
},
{
"number": "16",
"title": "Section 16(7)",
"chapter": null,
"content": "The Government may, in consultation with the Chief Executive Councilor, depute such other officers or experts, as may be required to assist the General Council on such terms and conditions as may be determined by the Government.",
"footnote": "",
"is_definition": false,
"sort_order": 600
},
{
"number": "16",
"title": "Section 16(8)",
"chapter": null,
"content": "Notwithstanding anything contained in sub-section (5) above, the Government may, at any time in consultation with the Chief Executive Councilor, withdraw the Principal Secretary or any other officer posted or appointed by it in the secretariat.",
"footnote": "",
"is_definition": false,
"sort_order": 610
},
{
"number": "63",
"title": "CHAPTER III - [CHAPTER TITLE]",
"chapter": "CHAPTER III",
"content": "CHAPTER - III",
"footnote": "",
"is_definition": false,
"sort_order": 620
},
{
"number": "17",
"title": "Section 17",
"chapter": null,
"content": "Subject to any Central and State law for the time being in force, the General Council shall have executive powers in relation to the Council Area over the following subjects:-\n(1) Cottage Industry;\n(2) Animal Husbandry and Veterinary;\n(3) Agriculture;\n(4) Rural Roads and Bridges other than those taken up under PMGSY;\n(5) Sericulture;\n(6) Education;\n(a) Adult Education,\n(b) Primary Education,\n(c) Up to Higher Secondary including vocational training;\n(7) Cultural Affairs;\n(8) Soil conservation;\n(9) Co-operation;\n(10) Fisheries;\n(11) Handloom & Textile;\n(12) Minor Irrigation;\n(13) Social Welfare;\n(14) Sports & Youth Welfare;\n(15) Museum and Archaeology;\n(16) Tourism;\n(17) Market and Fair;\n(18) Any other matter connected with development as may be entrusted from time to time.",
"footnote": "",
"is_definition": false,
"sort_order": 630
},
{
"number": "18",
"title": "Section 18",
"chapter": null,
"content": "Subject to the general policy of the Government, the General Council shall,-\n(1) formulate integrated development plans for the Council Area;\n(2) implement schemes and programmes for the development of the Council Area;\n(3) have powers to regulate trade and commerce within the council area in accordance with the existing laws.",
"footnote": "",
"is_definition": false,
"sort_order": 640
},
{
"number": "19",
"title": "Section 19(1)",
"chapter": null,
"content": "Subject to 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 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, melas, other public places within the Council Area as may be specified by the Government by notification in the Official Gazette;\n(iii) fees for Licenses;\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": 650
},
{
"number": "19",
"title": "Section 19(2)",
"chapter": null,
"content": "Notwithstanding anything contained in the foregoing provisions of sub-section (1), the General Council shall not undertake registration of any vehicle or levy any fee in respect thereof and shall not provide sanitary arrangements at places of worship, pilgrimage, fairs, melas or other public places within the Council Area or levy 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 provisions for sanitary arrangements has already been made by the Government or any other local authority.",
"footnote": "",
"is_definition": false,
"sort_order": 660
},
{
"number": "19",
"title": "Section 19(3)",
"chapter": null,
"content": "The collection of tolls, fees or rates and the terms and conditions for the imposition thereof shall be such as may be prescribed by bye-laws. Such bye-laws may inter-alia provide for exemption from all or any class of cases.",
"footnote": "",
"is_definition": false,
"sort_order": 670
},
{
"number": "20",
"title": "Section 20",
"chapter": null,
"content": "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 17 to which the executive power of the Government extends.",
"footnote": "",
"is_definition": false,
"sort_order": 680
},
{
"number": "21",
"title": "Section 21",
"chapter": null,
"content": "Notwithstanding anything contained in section 4, 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": 690
},
{
"number": "22",
"title": "Section 22(1)",
"chapter": null,
"content": "The General Council may, subject to the provisions of this Act and the rules made thereunder and subject to the approval of the Government, make bye-laws to be applicable within the council area with respect to all or any of the matters enumerated in sections 17 and 18 for the regulation, control and administration thereof.",
"footnote": "",
"is_definition": false,
"sort_order": 700
},
{
"number": "22",
"title": "Section 22(2)",
"chapter": null,
"content": "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": 710
},
{
"number": "73",
"title": "CHAPTER IV - THE EXECUTIVE COUNCIL",
"chapter": "CHAPTER IV",
"content": "CHAPTER - IV\nTHE EXECUTIVE COUNCIL",
"footnote": "",
"is_definition": false,
"sort_order": 720
},
{
"number": "23",
"title": "Section 23(a)",
"chapter": null,
"content": "The Executive Council shall consist of the Chief Executive Councilor and Executive Councilors elected in accordance with the provisions of sub-section (3) of section 5.",
"footnote": "",
"is_definition": false,
"sort_order": 730
},
{
"number": "23",
"title": "Section 23(b)",
"chapter": null,
"content": "The Chief Executive Councilor shall be the Chairman of the Executive Council and shall reside over the meetings thereof.",
"footnote": "",
"is_definition": false,
"sort_order": 740
},
{
"number": "23",
"title": "Section 23(c)",
"chapter": null,
"content": "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 (3) of section 5:",
"footnote": "",
"is_definition": false,
"sort_order": 750
},
{
"number": "23",
"title": "Proviso to Section 23(c)",
"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": 760
},
{
"number": "23",
"title": "Section 23(d)",
"chapter": null,
"content": "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": 770
},
{
"number": "23",
"title": "Section 23(e)",
"chapter": null,
"content": "The Executive Council shall be collectively responsible to the General Council.",
"footnote": "",
"is_definition": false,
"sort_order": 780
},
{
"number": "24",
"title": "Section 24",
"chapter": null,
"content": "A member of the Executive Council shall hold office until he,-\n(1) ceases to be a member of the General Council, or\n(2) resigns his office in writing under his hand addressed to the Chief Executive Councilor in which case the resignation shall take effect from the date of acceptance thereof:",
"footnote": "",
"is_definition": false,
"sort_order": 790
},
{
"number": "24",
"title": "Proviso to Section 24",
"chapter": null,
"content": "Provided that in case of the Chief Executive Councilor, the resignation shall be addressed to any one of the Executive Councilors.",
"footnote": "",
"is_definition": false,
"sort_order": 800
},
{
"number": "25",
"title": "Section 25(1)",
"chapter": null,
"content": "The executive powers of the General Council shall vest in the Executive Council.",
"footnote": "",
"is_definition": false,
"sort_order": 810
},
{
"number": "25",
"title": "Section 25(2)",
"chapter": null,
"content": "All orders or instructions made or executed by the Executive Council shall be deemed to have been made or executed by or under the authority of the General Council.",
"footnote": "",
"is_definition": false,
"sort_order": 820
},
{
"number": "25",
"title": "Section 25(3)",
"chapter": null,
"content": "Every order made or instruction issued or resolution passed by the General Council shall be authenticated by the signature of the Chief Executive Councilor, or in his absence, by any one of the Executive Councilors.",
"footnote": "",
"is_definition": false,
"sort_order": 830
},
{
"number": "26",
"title": "Section 26(1)",
"chapter": null,
"content": "The Chief Executive Councilor shall be the Chief of the Matak 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 there under.",
"footnote": "",
"is_definition": false,
"sort_order": 840
},
{
"number": "26",
"title": "Section 26(2)",
"chapter": null,
"content": "The Chief Executive Councilor shall, for the smooth and convenient transaction of business of the Executive Council, allocate among the Executive Councilors such business in such manner as he may deem fit.",
"footnote": "",
"is_definition": false,
"sort_order": 850
},
{
"number": "27",
"title": "Section 27(1)",
"chapter": null,
"content": "The Executive Council may, in cases where the Chief Councilor is required to take in accordance with the provisions of this Act or Rules made thereunder, or any other law for the time being in force, any action subject to the approval of the Executive Council by a general or special resolution, authorize the Chief Executive Councilor to take such action subject to such condition, if any, as may be specified therein, in anticipation of such approval.",
"footnote": "",
"is_definition": false,
"sort_order": 860
},
{
"number": "27",
"title": "Section 27(2)",
"chapter": null,
"content": "Whenever the Chief Executive Councilor takes any action under sub-section (1) above, he shall inform the Executive Council forthwith and shall obtain the approval thereof.",
"footnote": "",
"is_definition": false,
"sort_order": 870
},
{
"number": "28",
"title": "Section 28(1)",
"chapter": null,
"content": "The Executive Council shall meet at least once in every three months for transaction of its business at such place and time as the Chief Executive Councilor may direct.",
"footnote": "",
"is_definition": false,
"sort_order": 880
},
{
"number": "28",
"title": "Section 28(2)",
"chapter": null,
"content": "The meeting shall be convened by the Chief Executive Councilor by giving seven clear days notice in writing to each member of the Executive Council.",
"footnote": "",
"is_definition": false,
"sort_order": 890
},
{
"number": "29",
"title": "Section 29",
"chapter": null,
"content": "The quorum for transaction of business at a meeting of the Executive Council shall be one-third of the total strength of the Executive Councilors. The meeting shall be conducted by the Chief Executive Councilors by giving 7 (seven) days clear notice in writing to each member of the Executive Council.",
"footnote": "",
"is_definition": false,
"sort_order": 900
},
{
"number": "92",
"title": "CHAPTER V - ELECTION",
"chapter": "CHAPTER V",
"content": "CHAPTER-V\nELECTION",
"footnote": "",
"is_definition": false,
"sort_order": 910
},
{
"number": "30",
"title": "Section 30(1)",
"chapter": null,
"content": "There shall be 22 (twenty two) constituencies in the Council Area for electing members to the General Council. Each constituency shall be a single member constituency.",
"footnote": "",
"is_definition": false,
"sort_order": 920
},
{
"number": "30",
"title": "Section 30(2)",
"chapter": null,
"content": "The Government shall, by order published in the Official Gazette, determine the territorial limits of the constituencies into which the council area shall be delimited for the purpose of election of members to the General Council.",
"footnote": "",
"is_definition": false,
"sort_order": 930
},
{
"number": "31",
"title": "Section 31",
"chapter": null,
"content": "Notwithstanding anything contained in section 30 above, the Government may, by order published in the Official Gazette, alter or amend the order made under section 30:",
"footnote": "",
"is_definition": false,
"sort_order": 940
},
{
"number": "31",
"title": "Proviso to Section 31",
"chapter": null,
"content": "Provided that no such order shall be made after the commencement of the election process.",
"footnote": "",
"is_definition": false,
"sort_order": 950
},
{
"number": "32",
"title": "Section 32(1)",
"chapter": null,
"content": "Subject to the provisions of this Act and the rules made thereunder, so much of the electoral roll for the assembly constituency in force on the last date of nomination, as is relatable to a General Council constituency, as defined in clause (b) of section 2, shall be the electoral roll for that General Council constituency.",
"footnote": "",
"is_definition": false,
"sort_order": 960
},
{
"number": "32",
"title": "Section 32(2)",
"chapter": null,
"content": "Persons, whose names are included in the electoral roll as aforesaid in sub-section (1), shall be the electorate for the election of members of the General Council.",
"footnote": "",
"is_definition": false,
"sort_order": 970
},
{
"number": "32",
"title": "Section 32(3)",
"chapter": null,
"content": "The Commission shall, at the time and in the manner prescribed, cause to be published the electoral roll in respect of a constituency.",
"footnote": "",
"is_definition": false,
"sort_order": 980
},
{
"number": "33",
"title": "Section 33(1)",
"chapter": null,
"content": "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": 990
},
{
"number": "33",
"title": "Section 33(2)",
"chapter": null,
"content": "No person shall vote at an election in any constituency, if he is subject to any of the disqualification referred to in section 10 of the Representation of Peoples Act, 1951",
"footnote": "43 of 1951",
"is_definition": false,
"sort_order": 1000
},
{
"number": "33",
"title": "Section 33(3)",
"chapter": null,
"content": "No person shall vote in more than one constituency.",
"footnote": "",
"is_definition": false,
"sort_order": 1010
},
{
"number": "33",
"title": "Section 33(4)",
"chapter": null,
"content": "No person shall vote in the same constituency more than once.",
"footnote": "",
"is_definition": false,
"sort_order": 1020
},
{
"number": "33",
"title": "Section 33(5)",
"chapter": null,
"content": "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": 1030
},
{
"number": "33",
"title": "Proviso to Section 33(5)",
"chapter": null,
"content": "Provided that nothing in this sub-section shall apply to a person subjected to preventive detention under any law for the time going in force.",
"footnote": "",
"is_definition": false,
"sort_order": 1040
},
{
"number": "34",
"title": "Section 34",
"chapter": null,
"content": "Election of members for the purpose of constituting the General Council shall be held on such date or dates as may be notified by the Commission in consultation with the Government.",
"footnote": "",
"is_definition": false,
"sort_order": 1050
},
{
"number": "35",
"title": "Section 35",
"chapter": null,
"content": "A person shall be qualified to be elected to the General Council if he is an elector as defined in clause (e) of section 2.",
"footnote": "",
"is_definition": false,
"sort_order": 1060
},
{
"number": "36",
"title": "Section 36",
"chapter": null,
"content": "A person shall not be qualified for being elected to 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 be 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 contract 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": 1070
},
{
"number": "36",
"title": "Proviso 1 to Section 36",
"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, 2013, which contracts with or is employed by a Municipal Authority or Panchayat within the Council Area; or",
"footnote": "18 of 2013",
"is_definition": false,
"sort_order": 1080
},
{
"number": "36",
"title": "Section 36(f)",
"chapter": null,
"content": "(f) he has been dismissed from the services 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, 2013 or a Corporation owned or controlled by the Central or the State Government for misconduct involving moral turpitude and five years have not elapsed from the date of such dismissal; or",
"footnote": "18 of 2013",
"is_definition": false,
"sort_order": 1090
},
{
"number": "36",
"title": "Section 36(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": 1100
},
{
"number": "36",
"title": "Section 36(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, 1860 or Chapter-III, Part III or Part VII or the Representation of Peoples Act, 1951 and five years have not elapsed from the date of expiration of the sentence:",
"footnote": "45 of 1860; 43 of 1951",
"is_definition": false,
"sort_order": 1110
},
{
"number": "36",
"title": "Proviso 2 to Section 36",
"chapter": null,
"content": "Provided that a person shall not be disqualified under this section, by reason only of his being a Member, Chief Executive Councilor or Executive Councilor of the General Council.",
"footnote": "",
"is_definition": false,
"sort_order": 1120
},
{
"number": "37",
"title": "Section 37",
"chapter": null,
"content": "Where the office of any member becomes vacant by reason of his death, resignation, removal or otherwise, the vacancy shall be filled up by election in accordance with the provisions of this Act and the rules made thereunder.",
"footnote": "",
"is_definition": false,
"sort_order": 1130
},
{
"number": "38",
"title": "Section 38",
"chapter": null,
"content": "Where the members elected at an election are restrained from functioning on account of the election as a whole being set 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": 1140
},
{
"number": "39",
"title": "Section 39",
"chapter": null,
"content": "The names of all persons elected to the General Council shall be published by the Commission in the Official Gazette and upon such publication. the General Council shall be deemed to have been duly constituted.",
"footnote": "",
"is_definition": false,
"sort_order": 1150
},
{
"number": "40",
"title": "Section 40",
"chapter": null,
"content": "If an elected member is chosen to be a Member of Parliament or the State Legislature, then at the expiration of fourteen days from the date of publication in the Gazette of India or the Official Gazette, as the case may be, of the declaration that he has been so chosen the seat of such member in the General Council, shall become vacant unless he has previously resigned his seat in the Parliament or the State Legislature.",
"footnote": "",
"is_definition": false,
"sort_order": 1160
},
{
"number": "41",
"title": "Section 41(1)",
"chapter": null,
"content": "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": 1170
},
{
"number": "41",
"title": "Proviso to Section 41(1)",
"chapter": null,
"content": "Provided that no person below the rank of District Judge, within the meaning of Article 236 of the Constitution, shall be appointed for the purpose.",
"footnote": "",
"is_definition": false,
"sort_order": 1180
},
{
"number": "41",
"title": "Section 41(2)",
"chapter": null,
"content": "No election shall be called in question except on any one or more of the following grounds. namely:-\n(a) That on the date of his election the returned candidate was not qualified or disqualified, to be chosen to fill the seat in the General Council, as the case may be.\n(b) That corrupt practice has been committed by a 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": 1190
},
{
"number": "41",
"title": "Explanation to Section 41(2)(b)",
"chapter": null,
"content": "For the purpose of this clause, corrupt practice shall mean any of the corrupt practices specified in section 123 of the Representation of Peoples Act, 1951",
"footnote": "43 of 1951",
"is_definition": false,
"sort_order": 1200
},
{
"number": "41",
"title": "Section 41(2)(c)",
"chapter": null,
"content": "(c) That any nomination has been improperly rejected.",
"footnote": "",
"is_definition": false,
"sort_order": 1210
},
{
"number": "41",
"title": "Section 41(2)(d)",
"chapter": null,
"content": "(d) That the result of the election in so far as it concerns the returned candidate has been materially affected,-\n(i) by the improper acceptance of any nomination, or\n(ii)by any corrupt practice committed in 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 there under.",
"footnote": "",
"is_definition": false,
"sort_order": 1220
},
{
"number": "41",
"title": "Section 41(3)",
"chapter": null,
"content": "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": 1230
},
{
"number": "41",
"title": "Section 41(4)",
"chapter": null,
"content": "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 declaring 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": 1240
},
{
"number": "42",
"title": "Section 42",
"chapter": null,
"content": "The Government may, by notification in the Official Gazette make rules to regulate all or any of the following matters, for the purpose of holding election 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 section 30 may be delegated, and maintain the electoral roll under section 32.\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 security of nominations,\n(e) The deposits to be made by the candidates and the time and manner of making such deposits,\n(f) Withdrawal of Candidature.\n(g) 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": 1250
},
{
"number": "127",
"title": "CHAPTER VI - FUNDS, AUDIT AND BUDGET",
"chapter": "CHAPTER VI",
"content": "CHAPTER - VI\nFUNDS, AUDIT AND BUDGET",
"footnote": "",
"is_definition": false,
"sort_order": 1260
},
{
"number": "43",
"title": "Section 43(1)",
"chapter": null,
"content": "There shall be a fund called General Council Fund.",
"footnote": "",
"is_definition": false,
"sort_order": 1270
},
{
"number": "43",
"title": "Section 43(2)",
"chapter": null,
"content": "The fund as aforesaid shall be under separate sub-head within the state budget to be held for the purpose of this Act and all moneys realized or realizable under this Act and all moneys otherwise received by the General Council, as the case may be shall be credited to its fund.",
"footnote": "",
"is_definition": false,
"sort_order": 1280
},
{
"number": "43",
"title": "Section 43(3)",
"chapter": null,
"content": "The accounts of the General Council shall be kept in such form and manner as may be prescribed in consultation with the Accountant General, Assam.",
"footnote": "",
"is_definition": false,
"sort_order": 1290
},
{
"number": "44",
"title": "Section 44",
"chapter": null,
"content": "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 shall be entrusted by the Government to the Comptroller and Auditor General of India who may submit to Governor such report therein as it may deem fit. The Government shall transmit the report to the General Council for discussion and consideration. The General Council shall return the report to the Government with comments, if any. The Government shall lay such report along with the comments of the General Council and the Village Councils before the state legislature.",
"footnote": "56 of 1971",
"is_definition": false,
"sort_order": 1300
},
{
"number": "45",
"title": "Section 45(1)",
"chapter": null,
"content": "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 year and submit it to the Government by 1st November of the current financial year.",
"footnote": "",
"is_definition": false,
"sort_order": 1310
},
{
"number": "45",
"title": "Section 45(2)",
"chapter": null,
"content": "The Government may within such time as may be prescribed, either approve the budget or return it to General Council concerned, as the case may be, for reconsideration on the observations of the Government, if any. The General Council concerned, shall there-upon resubmit the budget along with 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, the budget shall be deemed to have been approved by the Government.",
"footnote": "",
"is_definition": false,
"sort_order": 1320
},
{
"number": "45",
"title": "Section 45(3)",
"chapter": null,
"content": "No expenditure shall be incurred unless the budget of the General Council are either approved or deemed to have been approved by the Government.",
"footnote": "",
"is_definition": false,
"sort_order": 1330
},
{
"number": "45",
"title": "Section 45(4)",
"chapter": null,
"content": "The General Council may prepare in each financial year a supplementary estimate providing for any modification of its budget for the year and may submit to the Government for approval.",
"footnote": "",
"is_definition": false,
"sort_order": 1340
},
{
"number": "136",
"title": "CHAPTER VII - MISCELLANEOUS",
"chapter": "CHAPTER VII",
"content": "CHAPTER-VII\nMISCELLANEOUS",
"footnote": "",
"is_definition": false,
"sort_order": 1350
},
{
"number": "46",
"title": "Section 46",
"chapter": null,
"content": "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": 1360
},
{
"number": "47",
"title": "Section 47",
"chapter": null,
"content": "All rights and interests of ethnic groups other than Matak Community within the council area existing at the commencement of this Act, in matters pertaining to their language, literature, culture, religion, customs and traditions and on matters pertaining to sections 18 to 29 shall be protected.",
"footnote": "",
"is_definition": false,
"sort_order": 1370
},
{
"number": "48",
"title": "Section 48(1)",
"chapter": null,
"content": "Subject to such restriction 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 constructed 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 thereof and also trees, erections, materials, implements and things provided for such roads,",
"footnote": "",
"is_definition": false,
"sort_order": 1380
},
{
"number": "49",
"title": "Section 49(1)",
"chapter": null,
"content": "The Governor may, if he is satisfied, on receipt of a report or other wise and in consultation with the Judicial Department 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 before the expiry of the term and assume to himself all or any of the powers and functions of the General Council, the Executive Council 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": 1390
},
{
"number": "49",
"title": "Section 49(2)",
"chapter": null,
"content": "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": 1400
},
{
"number": "50",
"title": "Section 50",
"chapter": null,
"content": "When an order of dissolution is made under section 49, with effect from the date of the orders,-\n(a) all the members of the General Council and the Executive Council shall vacate their offices, and\n(b) all powers, duties, functions of the General Council and the Executive Council shall be exercised, discharged and performed by such authorities as may be appointed by the Governor in this behalf.",
"footnote": "",
"is_definition": false,
"sort_order": 1410
},
{
"number": "51",
"title": "Section 51(1)",
"chapter": null,
"content": "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 subjects, namely:-\n(a) The religions and social practice of the Matak Community.\n(b) The customary laws and procedures of the Matak Community.",
"footnote": "",
"is_definition": false,
"sort_order": 1420
},
{
"number": "52",
"title": "Section 52",
"chapter": null,
"content": "The Chief Executive Councilor and the Executive Councilors shall be deemed to be public servants within the meaning of section 21 of the Indian Panel Code, 1860.",
"footnote": "45 of 1860",
"is_definition": false,
"sort_order": 1430
},
{
"number": "53",
"title": "Section 53",
"chapter": null,
"content": "No Act or proceedings of the General Council or the Executive 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": 1440
},
{
"number": "54",
"title": "Section 54",
"chapter": null,
"content": "No suit or other legal proceedings shall lie against the General Council or the Executive 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 bye-law made there under.",
"footnote": "",
"is_definition": false,
"sort_order": 1450
},
{
"number": "55",
"title": "Section 55",
"chapter": null,
"content": "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 therein shall be final.",
"footnote": "",
"is_definition": false,
"sort_order": 1460
},
{
"number": "56",
"title": "Section 56",
"chapter": null,
"content": "If any difficulty arises in giving effect to any provision of this Act, the Government may, by order, do anything not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for the purpose of removing the difficulty.",
"footnote": "",
"is_definition": false,
"sort_order": 1470
},
{
"number": "57",
"title": "Section 57",
"chapter": null,
"content": "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": 1480
},
{
"number": "58",
"title": "Section 58(1)",
"chapter": null,
"content": "The Government may make rules providing for any 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": 1490
},
{
"number": "58",
"title": "Section 58(2)",
"chapter": null,
"content": "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 successive sessions and if before the expiry of the sessions immediately following the session or the successive sessions 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": 1500
},
{
"number": "58",
"title": "Proviso to Section 58(2)",
"chapter": null,
"content": "Provided, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under the rule.",
"footnote": "",
"is_definition": false,
"sort_order": 1510
},
{
"number": "59",
"title": "Section 59",
"chapter": null,
"content": "Nothing in this Act shall affect the application 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": 1520
},
{
"number": "59",
"title": "Explanation to Section 59",
"chapter": null,
"content": "For the purpose of this section 'Law' shall, include any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having the force of law.",
"footnote": "",
"is_definition": false,
"sort_order": 1530
},
{
"number": "155",
"title": "Preamble",
"chapter": null,
"content": "THE MATAK AUTONOMOUS COUNCIL (AMENDMENT) ACT, 2020\nASSAM ACT NO. III OF 2021\nAN ACT to amend the Matak Autonomous Council Act, 2020.\nWhereas it is expedient to amend the Matak Autonomous Council Act, 2020 hereinafter to referred to as the principal Act, in the manner hereinafter appearing;\nIt is hereby enacted in the Seventy-first Year of the Republic of India, as follows:-",
"footnote": "",
"is_definition": false,
"sort_order": 1540
},
{
"number": "1",
"title": "Section 1(1)",
"chapter": null,
"content": "This Act may be called the Matak Autonomous Council (Amendment) Act, 2020.",
"footnote": "",
"is_definition": false,
"sort_order": 1550
},
{
"number": "1",
"title": "Section 1(2)",
"chapter": null,
"content": "It shall have the like extent as the principal Act.",
"footnote": "",
"is_definition": false,
"sort_order": 1560
},
{
"number": "1",
"title": "Section 1(3)",
"chapter": null,
"content": "It shall come into force on such date as the State Government may, by a notification in the Official Gazette, appoint under sub-section (3) of section 1 of the principal Act.",
"footnote": "",
"is_definition": false,
"sort_order": 1570
},
{
"number": "2",
"title": "Section 2",
"chapter": null,
"content": "In the principal Act, section 59 shall be re-numbered as section 60 and the following new section 59 shall be inserted, namely :-\n\"59. Transitional provision - The Government shall, as soon as possible after the commencement of this Act, take steps for the constitution of an Interim General Council by nomination of its members and constitute an Executive Council therefrom by nomination till the General Council or the Executive Council are constituted under sections 5(1) and 23(a) respectively, of this Act:",
"footnote": "XXIV of 2020",
"is_definition": false,
"sort_order": 1580
},
{
"number": "59",
"title": "Proviso to Section 59",
"chapter": null,
"content": "Provided that any or all the members of such Interim General or Executive Council, as the case may be, may be removed and replaced by any other person by the Government at any time for reasons to be recorded in writing.\"",
"footnote": "",
"is_definition": false,
"sort_order": 1590
},
{
"number": "161",
"title": "Preamble",
"chapter": null,
"content": "THE MATAK AUTONOMOUS COUNCIL (AMENDMENT) ACT, 2024\nASSAM ACT NO. XXIV OF 2024\nAN ACT further to amend the Matak Autonomous Council Act, 2020.\nWhereas it is expedient to amend the Matak Autonomous Council Act, 2020 hereinafter referred to as the principal Act, in the manner hereinafter appearing;\nIt is hereby enacted in the Seventy-fifth Year of the Republic of India, as follows:-",
"footnote": "",
"is_definition": false,
"sort_order": 1600
},
{
"number": "1",
"title": "Section 1(1)",
"chapter": null,
"content": "This Act may be called the Matak Autonomous Council (Amendment) Act, 2024.",
"footnote": "",
"is_definition": false,
"sort_order": 1610
},
{
"number": "1",
"title": "Section 1(2)",
"chapter": null,
"content": "It shall have the like extent as in the principal Act.",
"footnote": "",
"is_definition": false,
"sort_order": 1620
},
{
"number": "1",
"title": "Section 1(3)",
"chapter": null,
"content": "It shall come into force at once.",
"footnote": "",
"is_definition": false,
"sort_order": 1630
},
{
"number": "2",
"title": "Section 2",
"chapter": null,
"content": "In the principal Act, in section 5, for sub-section (1), the following shall be substituted, namely:-\n\"(1) The General Council shall consist of 30 (thirty) members out of which 27 (twenty seven) members shall be directly elected and 3 (three) members shall be nominated by the Government of Assam with the concurrence of the Matak Autonomous Council from amongst the group of communities residing in the Council Area and not otherwise represented in it. Out of 27 (twenty seven) seats, 22 (twenty two) seats shall be reserved for Matak community, 4 (four) seats shall be reserved for women and 1(one) seat for the general community.\"",
"footnote": "XXIV of 2020",
"is_definition": false,
"sort_order": 1640
},
{
"number": "3",
"title": "Section 3",
"chapter": null,
"content": "In the principal Act, in section 30, in sub-section (1), in the first line, for the figure, words and brackets \"22 (twenty-two)\", the figure, words and brackets \"27(twenty-seven)\" shall be substituted.",
"footnote": "",
"is_definition": false,
"sort_order": 1650
},
{
"number": "167",
"title": "Preamble",
"chapter": null,
"content": "THE MATAK AUTONOMOUS COUNCIL (AMENDMENT) ACT, 2025\nASSAM ACT NO. XLVII OF 2025\nAN ACT further to amend the Matak Autonomous Council Act, 2020.\nWhereas it is expedient to amend the Matak Autonomous Council Act, 2020, hereinafter referred to as the principal Act, in the manner hereinafter appearing;\nIt is hereby enacted in the Seventy-sixth Year of the Republic of India, as follows:-",
"footnote": "",
"is_definition": false,
"sort_order": 1660
},
{
"number": "1",
"title": "Section 1(1)",
"chapter": null,
"content": "This Act may be called the Matak Autonomous Council (Amendment) Act, 2025.",
"footnote": "",
"is_definition": false,
"sort_order": 1670
},
{
"number": "1",
"title": "Section 1(2)",
"chapter": null,
"content": "It shall have the like extent as in the principal Act.",
"footnote": "",
"is_definition": false,
"sort_order": 1680
},
{
"number": "1",
"title": "Section 1(3)",
"chapter": null,
"content": "It shall come into force at once.",
"footnote": "",
"is_definition": false,
"sort_order": 1690
},
{
"number": "2",
"title": "Section 2",
"chapter": null,
"content": "In the principal Act, for the Preamble, the following shall be substituted, namely: -\n\"Whereas it is expedient to provide for the establishment of a Matak Autonomous Council within the State of Assam and within the framework of the Constitution of India, comprising of the Matak community people for social, economic, educational, ethnic and cultural advancement of the Matak community residing therein without affecting the rights of the other categories of citizens or people or communities within the notified area of the Council;\"",
"footnote": "XXIV of 2020",
"is_definition": false,
"sort_order": 1700
},
{
"number": "3",
"title": "Section 3",
"chapter": null,
"content": "In the principal Act, in section 2,\n(i) for clauses (o), the following shall be substituted, namely: -\n\"(o) \"Council Areas\" means the area or areas consisting of villages with population therein belonging to only the Matak Community as notified by the State Government as Council Area under this Act subject to the condition that only the Matak population of the said areas shall be included in the Council;\"\n(ii) for clause (p), the following shall be substituted, namely: -\n\"(p) \"Village\" means a census village not falling within any notified urban or town area inhabited mostly by the Matak Community as notified by the State Government as village under this Act; \"",
"footnote": "",
"is_definition": false,
"sort_order": 1710
},
{
"number": "4",
"title": "Section 4",
"chapter": null,
"content": "In the principal Act, in section 3, for sub-section (1), the following shall be substituted, namely :-\n\"(1) There shall be an Autonomous Council called the Matak Autonomous Council within the State of Assam comprising of the areas of Matak community inhabited villages as may be notified by the Government in the Official Gazette.\"",
"footnote": "",
"is_definition": false,
"sort_order": 1720
},
{
"number": "5",
"title": "Section 5",
"chapter": null,
"content": "In the principal Act, in section 5, for sub-section (1), the following shall be substituted, namely:-\n\"(1) The General Council shall consist of 30 (thirty) elected members out of which 5 (five) seats shall be reserved for women of the Matak Community.\"",
"footnote": "",
"is_definition": false,
"sort_order": 1730
},
{
"number": "6",
"title": "Section 6",
"chapter": null,
"content": "In the principal Act, in section 30, for sub-section (1), the following shall be substituted, namely: -\n\"(1) There shall be 30 (thirty) constituencies in the Council Area for electing members to the General Council. Each Constituency shall be a single member Constituency.\"",
"footnote": "",
"is_definition": false,
"sort_order": 1740
},
{
"number": "7",
"title": "Section 7",
"chapter": null,
"content": "In the principal Act, in section 32, for sub-section (1), the following shall be substituted, namely:-\r\n\"(1) Subject to the provisions of this Act and the rules there under, the Electoral Roll of a General Council Constituency, as defined in clause (c) of section 2, shall comprise of those voters belonging to the Matak community whose names are in the Electoral Roll for the Assembly Constituency in force on the last date of nomination.\"",
"footnote": "",
"is_definition": false,
"sort_order": 1750
}
],
"metadata": {
"Act ID": "202024",
"Act Number": "XXIV",
"Enactment Date": "2020-10-12",
"Act Year": "2020",
"Short Title": "The Matak Autonomous Council Act, 2020",
"Department": "LEGISLATIVE DEPARTMENT ::: LEGISLATIVE BRANCH",
"Type": "STATE",
"Location": "Assam"
},
"updated_at": "2026-09-29 21:53:41"
}