The Deori Autonomous Council (Amendment) Act, 2005
assam · 2005
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1(1) This Act may be called the Deori Autonomous Council Act, 2005
- S. 2—
- S. 3Establishes the Deori Autonomous Council in Assam with specified areas and maximum autonomy.
- S. 4(1) There shall be a Village Council for each block of villages, each village having 50% or more Scheduled Tribe popula
- S. 5Section 5 grants the Deori Autonomous Council perpetual succession, a common seal, and powers to own, sell property, and contract.
- S. 6Section 6 outlines the composition, representation, and election of officials for the Deori Autonomous Council.
- S. 7Section 7 outlines the term of office for the General Council, its extension, and conditions for resignation or removal of members.
- S. 8Section allows any member of the Deori Autonomous Council to resign by giving written notice to the appropriate officer.
- S. 9Section 9 outlines the removal and appeal process for members of the Deori Autonomous Council, including criminal convictions and absences.
- S. 10Section 10 specifies salaries, allowances, and service terms for the Chief Executive and Executive Councilors of the Deori Autonomous Council.
- S. 11Section 11 outlines the process for filling vacant council member positions, specifying election procedures and term duration.
- S. 12Section 12 outlines the Chief Executive Councilor's responsibilities for record-keeping, financial administration, and oversight of the General Council's officers.
- S. 13—
- S. 14—
- S. 15Section 15 sets the quorum for council meetings at 10 members and decisions by a majority vote.
- S. 16The section allows the government to declare a place within the Council Area as the headquarters of the General Council via official notification.
- S. 17Section 17 establishes a secretariat for the Deori Autonomous Council, headed by a Principal Secretary appointed by the Government.
- S. 18Section 18 grants the General Council executive powers over cottage industry in the Council Area.
- S. 19Section 19 empowers the Deori Autonomous Council to plan, implement, and regulate development, trade, and customs within its area, and collect taxes and tolls.
- S. 20Social Welfare including Welfare of handicapped & mentally retarded, 21
- S. 21Section 21 allows the government to delegate any unenumerated executive function to the Deori Autonomous Council or its officers.
- S. 22Section 22 allows the General Council to acquire, hold, or dispose of property and enter into contracts, subject to government approval and conditions.
- S. 23Section 23 allows the General Council to create bye-laws for specified matters, subject to government approval and publication in the Official Gazette.
- S. 24Section 24 outlines the composition, leadership, and operational procedures of the Executive Council of the Deori Autonomous Council.
- S. 25Section 25 details the conditions under which a member of the Executive Council can resign.
- S. 26(1) The executive powers of the General Council shall vest in the Executive Council
- S. 27Section 27 designates the Chief Executive Councilor as the leader of the Deori Autonomous Council and grants him authority to allocate council business.
- S. 28Section 28 allows the Executive Council to authorize the Chief Executive Councilor to act in anticipation of approval.
- S. 29Section 29 mandates the Executive Council to meet quarterly and requires the Chief Executive Councilor to give seven days' notice for meetings.
- S. 30Section 30 sets the quorum for meetings of the Deori Autonomous Council's Executive Council at three members, including the Chief Executive Councilor.
- S. 31Section 31 establishes the village council as a corporate body with perpetual succession and property rights.
- S. 32Section 32 reserves 5 out of 10 Village Council seats for the Deori community, including at least one woman, and outlines the election of a President and Vice President.
- S. 33Section 33 sets the five-year term for the Village Council, allows for a one-year extension if elections are impracticable, and ties council president terms to membership.
- S. 34Section 34 allows members of the Village Council to resign by giving written notice, specifying the effective date of resignation.
- S. 35Section 35 outlines the process for removing and appealing the removal of Village Council Presidents or Vice Presidents in Assam.
- S. 36Section 36 mandates filling any vacancy in the President or Vice President's office within a month from occurrence, from elected Village Council members.
- S. 37Section 37 establishes that the President and Vice-President of the Deori Autonomous Council are full-time officials with salaries and service terms prescribed by law.
- S. 38Section 38 outlines the responsibilities of the President and Vice President of the Village Council for record-keeping and administrative oversight.
- S. 39(1) The Village Council shall meet at least once in every three months for transaction of its business
- S. 40Section 40 requires Village Council members to take an oath or affirmation before assuming office, as prescribed by the Governor.
- S. 41Section 41 sets the quorum for Village Council meetings at four members and decisions by a majority vote.
- S. 42Section 42 establishes the office of the Village Council, appoints a Secretary, and outlines the roles and responsibilities of the Secretary and other officers.
- S. 43Section 43 grants Village Council executive authority over specified subjects within its area, overriding other laws.
- S. 44Section 44 empowers the Village Council to develop plans, implement schemes, regulate trade, and guide customs for the Deori community.
- S. 45Section 45 grants the Village Council power to collect taxes, levy tolls, and set fees for various services, subject to government approval.
- S. 46The section allows the government to delegate any non-enumerated function to the Village Council or its officers.
- S. 47Section 47 allows the Village Council to acquire, hold, and dispose of property valued over ₹50,000, subject to government approval and conditions.
- S. 48(1)
- S. 49The section allows the government to amend certain orders before election process starts.
- S. 50Section 50 establishes the electoral rolls and electorate for Village and General Councils in the Deori Autonomous Council.
- S. 51Section 51 outlines voting eligibility and disqualifications for elections in Assam's Deori Autonomous Council.
- S. 52Section 52 mandates elections for the Deori Autonomous Council under government-directed dates, per rules made under section 60.
- S. 53Section 53 specifies that a person is eligible to be elected to either council if they meet the elector criteria defined in section 2(f).
- S. 54(1) A person shall not be qualified for being elected either to the Village Council or the General Council, if - (a)
- S. 55Section 55 fills vacant member positions in the Deori Autonomous Council through election per Act and rules.
- S. 56Section 56 validates actions by elected members before a court-nullified election, ensuring their prior actions remain effective.
- S. 57Section 57 declares elected members' names published in the Official Gazette constitute the Village and General Councils.
- S. 58Section 58 mandates that a council member's seat becomes vacant if elected to higher office after 14 days of official announcement.
- S. 59Section 59 outlines the process and grounds for challenging elections in the Deori Autonomous Council.
- S. 60Section 60 allows the government to make rules for election procedures under the Deori Autonomous Council Act.
- S. 61Section 61 establishes two funds for the General Council and Village Councils, detailing fund allocation and deposit sources.
- S. 62Section 62 mandates the Comptroller and Auditor General to audit the accounts of the Deori Autonomous Councils, with reports submitted to the government for legislative review.
- S. 63Section 63 mandates the preparation and submission of budgets by the General and Village Councils, with government approval or deemed approval required for expenditures.
- S. 64Section 64 empowers councils under the Act to issue necessary instructions to maintain Assam's security and safety.
- S. 65Section 65 grants the government authority to issue instructions for implementing the Act and protecting non-tribal and ethnic rights.
- S. 66Section 66 protects non-tribal and other ethnic groups' rights in language, culture, and commerce within the Council Area.
- S. 67Section 67 vests specified properties in the General Council or Village Council, subject to government restrictions.
- S. 68Section allows the Governor to dissolve councils and assume their powers if administration is disrupted, pending state legislature approval.
- S. 69Section 69 dissolves councils and transfers their powers to authorities appointed by the Governor.
- S. 70Section 70 mandates government consultation with the General Council on laws affecting Deori Community religion, customs, and land ownership.
- S. 71Section 71 empowers the General Council to reserve jobs for Scheduled Tribes within its jurisdiction.
- S. 72Section 72 deems certain council officials as public servants under the Indian Penal Code.
- S. 73Section 73 ensures that council actions remain valid despite vacancies or constitutional defects.
- S. 74Section 74 provides immunity from lawsuits for actions done in good faith under the Deori Autonomous Council Act.
- S. 75Section resolves interpretation disputes of the Act or its rules by referring them to the Government for a final decision.
- S. 76The section allows the government to issue orders to address any issues in implementing the Act.
- S. 77Section mandates the General Council to protect the demographic makeup of its jurisdiction areas.
- S. 78Section 78 makes state laws override bye-laws of the Deori Autonomous Council if they conflict.
- S. 79Section 79 allows the government to create rules under the act and mandates that these rules be presented to the state legislature for review and potential modification.
- S. 80Section 80 mandates the government to form an interim Deori Executive Council by nomination until the General Council is established.
- S. 81Section 81 ensures that laws apply to the Council Area unless explicitly excluded.
- S. 1951(c)
- S. 1956Section 1956 specifies conditions disqualifying individuals from holding office in the Deori Autonomous Council, including misconduct, unsound mind, and certain criminal convictions.