The SONOWAL KACHARI AUTONOMOUS COUNCIL 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—
- S. 2—
- S. 3Establishes the Sonowal Kachari Autonomous Council within Assam with specified areas and maximum autonomy.
- S. 4(1) There shall be a Village Council for each block of villages, each village having :)()% or more Scheduled Tribe po
- S. 5Section 5 establishes the General Council as a corporate body with perpetual succession and legal capacity to own property and enter contracts.
- S. 6Section 6 establishes the composition, allowances, and leadership roles of the General Council under the SONOWAL KACHARI AUTONOMOUS COUNCIL ACT, 2005.
- S. 7Section 7 outlines the five-year term for the General Council, conditions for dissolution, and possible extensions by the Governor.
- S. 8Section 8 allows any member of the council to resign by giving written notice to the Chief Executive Councilor or another Executive Councilor.
- S. 9Section 9 outlines the process for removing and appealing against the removal of members of the SONOWAL KACHARI AUTONOMOUS COUNCIL.
- S. 10—
- S. 11(I) Where the office of any member falls vacant by reason of his death, resignation
- S. 12—
- S. 13—
- S. 14—
- S. 15Section 15 sets the quorum for General Council meetings at 15 members, with decisions made by a simple majority.
- S. 16Section 16 allows the government to declare a place within the Council Area as the headquarters of the General Council.
- S. 17Section 17 establishes a secretariat for the Sonowal Kachari Autonomous Council, headed by a Principal Secretary, with specified roles and terms of appointment.
- S. 18Section 18 grants the General Council executive authority over specified subjects in the Council Area.
- S. 19Section 19 empowers the General Council to develop the Council Area, regulate trade, collect taxes, and promote the Sonowal Kachari community's interests.
- S. 20—
- S. 21The section allows the government to delegate any non-enumerated executive function to the General 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.
- S. 23Section 23 allows the General Council to create bye-laws for specified matters, subject to government approval.
- S. 24(1) The Executive Council shall consist of the Chief Executive Councilor and the Ex:
- S. 25A member of the Executive Council shall hold office until he - (a) ceases to be a member of t
- 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 Sonowal Kachari Autonomous Council and outlines his authority to delegate 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 two weeks' notice for each meeting.
- S. 30Section 30 sets the quorum for Executive Council meetings at three members, including the Chief Executive Council.
- S. 31Section 31 establishes the village council as a corporate body with perpetual succession and legal identity to own and manage property.
- S. 32Section 32 establishes the composition and leadership roles of the Village Council, reserving seats for the Sonowal Kachari community.
- S. 33Section 33 sets the five-year term for Village Councils, with possible extensions and dissolution conditions.
- S. 34Section 34 allows members of the Village Council to resign by giving written notice to the President or Vice-President.
- 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 prescribes salaries, allowances, and service terms for the President and Vice-President of the SONOWAL KACHARI AUTONOMOUS COUNCIL.
- S. 38Section 38 outlines the roles and responsibilities of the President and Vice President of the Village Council in maintaining records and administrative control.
- S. 40Every member of the Villag1; Council shall, before taking his seat, make and subscribe, before mch person as may be
- S. 41Section 41 sets the quorum for the 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 designates the Secretary as the Chief Executive.
- 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 Sonowal Kachari Community.
- S. 45(I) Subject to the provisions of any other laws for the time
- S. 46Section 46 allows the government to delegate additional functions to the Village Council, outside those listed in Section 43.
- S. 47Section 47 allows the Village Council to acquire, hold, and dispose of property valued over ₹50,000, subject to government approval.
- S. 48(1)
- S. 49Section 49 allows the government to amend electoral orders, but not during election processes, and defines electoral rolls for Village and General Councils.
- S. 52Section 52 mandates elections for the General and Village Councils under rules made by the Sonowal Kachari Autonomous Council, with the government setting the election dates.
- S. 53Section 53 specifies that a person is eligible for election 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. 56Section 56 validates actions taken by elected members before a court nullifies an election.
- 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 from official announcement.
- S. 59Section 59 outlines the process and grounds for challenging elections in the SONOWAL KACHARI AUTONOMOUS COUNCIL.
- S. 60Section 60 allows the government to make rules for election procedures to Village and General Councils under the SONOWAL KACHARI AUTONOMOUS COUNCIL ACT.
- S. 61Section 61 establishes two funds for the General Council and Village Councils, detailing their funding sources and restrictions on fund diversion.
- S. 62Subject to the provisions ·
- S. 63Section 63 mandates the preparation and submission of budgets by the General and Village Councils for government approval.
- S. 65Section 65 grants the government authority to issue instructions for implementing the SONOWAL KACHARI AUTONOMOUS COUNCIL ACT.
- S. 66Section 66 protects non-tribal and other ethnic groups' rights in language, culture, trade, and land within the Council Area.
- S. 67Section 67 vests specified properties in the General Council or Village Council, subject to government restrictions.
- S. 68Section 68 allows the Governor to dissolve councils and assume their powers if administration is disrupted, subject to state legislature approval.
- S. 69When an order of dissolution is made under section 68, with effect from the date of the orders - (a)
- S. 70Section 70 mandates the government to consult the General Council on laws affecting Sonowal Kachari religious practices, 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 officials as public servants under the Indian Penal Code.
- S. 73Section 73 ensures that vacancies or irregularities in councils do not invalidate their actions or proceedings.
- S. 74Section 74 provides immunity from suits against councils and their members for actions done in good faith under the Act.
- S. 75Section 75 mandates that any interpretation disputes of the Act or its rules are referred 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 77 mandates the General Council to protect the demographic makeup of its jurisdiction areas.
- S. 78Section 78 makes bye-laws by the council void if they conflict with Assam state laws.
- S. 79Section 79 allows the government to create rules under the Act and mandates their presentation to the State Legislature for approval.
- S. 80Section 80 establishes an interim Sonowal Kachari Executive Council to manage duties until the General Council is formed.
- S. 81Section 81 ensures that laws made before or after the Act apply to the Council Area unless specifically excluded.
- S. 1951Central Act,43 of 1951
- S. 19561584 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005 ~~~~~~~~~~~~~--~~--~~~~~~~~---~~~--~~~~~~"'--- · Filling up of v
- S. 1971'