Kamatapur Autonomous Council Act, 2020

2046 TI lE/\SS/\M G/\ZETrE, EXTR/\ORDJN/\RY, OCTOBER 19, 2020 AN ACT to provide for the cstablishmt!nt of 1111 administrntiv1.: authority in the name and style of the Kamatapur /\utonomous Council and for mattl!rs incidental thereto and connected therewith. Preamble Wht:reas ir is l!Xpedi~nt to pnw1Jc for the cstahl ishmcnt of a Kamatapur Autonomous Council \\ ithrn the Stare of Assam "'ithin the framework of the Constitution of Indin. comprising of Koch Rajbongshi Community dominated villages of Goalpara. Dhubri, Oongaigaon and South Salmara District excluding the f3odoland Territoriul Council and Rabha Hasong Autonomous Council area~ for social, economil:, educational. ethnic and cultural ad\ anccrncnt or the Koch Rajbongshi Community residing therein: It is hl.!reby enacted in the Sc' cnty- first Year ur the Rcpuhlic of lndia, as follows :- CHAPTF.R - I PIH~ LIM IN Al{ Y Short title, I. (1) This Act ma) be called the Kamntapur ;\utunornous utent anti Council Act, 2020 commencement (2) lt extends to the Koch Rajbonshi cornmunit) dominatC'd villages of the districts of Gonlpara. Dhubri, l3011gaiguon and South Salmara District e"clud111g tl1e Bodoland Territorial Council and Rablrn I lasong Autonomous Counci l areas. (3) It shall come 111to forci..: on such date as the State Gmcmment may, b) noufication in th~ Official Ga.£ette appoint nm! different dates ma) he appointed for different pro\-1siuns of this Act or difforent areas Definition 2. In this A1..t, unless the contc°\t otherwi-.e requires,· (a) "byc-la~s·· means the b)c-lav, framed by the (icncral Council: (b) "Constitution'" means the Constitution of l11d1t1, (c) ·:constituency'· mt:ans tile const1tucncy referred to tn section 10, (d) "Council Arc~•"' rriea1h the Kanrntapu1 A111m11>111ous Council Area: (e) •·Executive Council"" means tht: ..:xccuti\C hod) of the General Council of tho..: Kamatapur Autonomous Counc il Constituted under section S (3 ): (f) ·'Ucctor" 111 relation to a con!>litucnc) 111ea11s a person whose name is entered 111 the electoral roll of th;it canst ituenC): (g) "General Cotincil Fund'' mean!> the fund Cl)llStilutcd under section 43: (h) '"Go,ernmcnt" means the Stale Gover111rn:nl ol As!>a111; THE ASSAM GAZE1~fE, EXTRAORDINJ\'.RY, OCTOBER 19, 2020 2047 (i} ··Governor·· means the .Governor of J\ssuni: U) "Cieneral Council'' means the General Council of the Kamatapur Autonomou<; Co11nci l refened to in section 3: (k) "Member" mean~ a member of the General Council or the Executive Council, as the case may be: (I) " otification" means the notrficCllion issued under thi c; /\et: (m) "Official Gazette" means the Official Gazelle of As!.am: (n) " Prescribed" mean:; prescribed b) rules mude under this Act; (o) ··council Areas" means the area or areas consisting of villages with 50% or more population therein belonging co Koch Rajbongshi Commun ity notified by the State Government as Council area under this Act; .. .. : (p) "Village" means a census village or not falling within any notified urban or town area, predominantly inhabited by Koch Rajbongshi Community comprising 50% and above and notified as village under th is Act; (q) "Commission" means the Assam State Election Commission. Kamatapur 3. (1) There shall be an Autonomous Council to be called the Autonomous Kamatapur Autonomous Council within the State of Assam Council compnsing of tJ1e Koch Rajbongshi community dominated areas of the villages of G oa lpara, Dhubri, Bongaigaon and South Salmara District excluding the Bodoland 'Territo rial Council and Rabha Hasong Autonomous Council areas as may be notified by the Government in the Official Gazette . .· .. (2) The Kamatapur Autonomous Council shall have a General -... ) Council and an Executive Council a'i provided hereinafter. CHAPTER - fl THE GENERAL COUNCIL Incorporation of 4. The Gen~ral Council shall be a body corporate having perpetual the General succession and a commo n seal \.\ ith powers to acquire, hold and Council dispose of property and to contract and shal l sue or be sued by its corporate name Constitution of s. (1) The General Cooncil shall consist of 30 (thirty) members the General o ut o f which 26 (t\.\.enty-six) s hall be directly elected and 4 : Council (four) shall be nornmated by the Government of Assam with the concurrence of lhe Kamatapur Autono mous Council from amongst the group of communities residing in th e Council area and not other.' 1se represented in it. Out of 26 seats. 20 shall be reserved for Koch RaJbonshi community, 5 seats shall be reserved for women and l for General category. (2) Every member of the General Council shall be e ntitled to such allow;mces as may be fixed by the General Council and approved by the Government (3) 1 he elected members of the General Council shal l, at the first meeting to be convened b) an officer authori1ed by the

2048 TI lE ASSAM GAZETI'l~. EXTRAORDINARY, OCTOBER 19, 2020 Government afier the c;Jection 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 nmongst themselves in the manner prescribcd.- (a) One member to be the Chainnan , (b)One member to be the Deplll) Ch~irman ; (c)Onc Chief Executive Councilor of the Executive Council; (d) As many Executive Councllor as may be decided by the General Council, but not exceeding one third of the total number of members of the General Council. Term of Office 6. (I) The tem1 of office of the Gen~ral Council shall be five years from the date of the first meeting .lftcr the election of members in accordance with provisions of section S (3 ). unless dissolved earlier under scc11on 49. (2) Notwithsumding ttnything contained in sub-section (I) above, the Chief Executi\e \oum:ilor or the Executi\c Councilors shall cease to hold office as such forthwith if he. for any reason, ceases to be a member. (J) Notwithstanding anything contained in sub-section (I) 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 Reslcnatioo of 1. (I) Any member of the General Council may, at any time, by Members of the giving notice in writing addressed to the Chief Executive General Council Councilor, r~ign his office: Provided that m case of the Chief Executive Councilor, the notice shall be addressed to any of the Executive Councilurs (2) Such resignation shall take effect from such date as specified in the notice or if no such date is specified, from the date of its receipt by the office bearer addressed . Removal of 8. (I) The Chief Executive Councilor or the Executive Councilors Members of the or any one of them or all of them may be removed from General Council office by a resolution earned 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 Jess than one third of the members of the General Council . (2) fhe Government, after givmg an opportunil) to an elcctt:c.I 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 b) order, remove him from the office, 1f he,- (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 THEASSAM GAZETfE, EXTRAORDINARY, OCTOBER 19, 2020 2049 (b) incurs any of the disqualifications mentioned in section 36 after his election as member of the General Council, or (c) is absent from three consecutive meetings of the General Council. (3) Any member of the General Council who is removed from the office under sub-section (2) above, may within thirty days from the date of the order, appeal to such Judicial Authority as the Government may prescribe and the authority so prescribed after admitting an appeal may, after complying with the normal and fundamental principles of judicial proceedings, pass such order or orders either confinning 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. (4) The order, passed, by the Judicial Authority referred to in sub-section (3) above, on such appeal shall be final. Salaries, 9. (I) The Chief Executive Councilor and the Executive allowances and Councilors shall be whole time functionaries and shall be other paid honorium and other allowances out of the General emoluments Council Fund as may be prescribed. (2) The other tenn and conditions of service of the Chief Executive Councilor and the Executive Councilors shall be such as may be prescribed. Filling up of 10. (I) Where the office of any member falls vacant by reason of vacancies 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: 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. (2) Any member elected in accordance with the provisions of sub-section (I) 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. Pm~ers, 11. The Chief Executive Council or shall -- functions and (a) be responsible for the maintenance of the records of the duties of the General Council; Chief Executive (b) have general responsibility for the financial and executive Councilor administration of the General Council; (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;

2050 TIIE ASSAM GAZE'lTE, EXTRAORDINARY, OCTOBER 19, 2020 (d) for transaction of business uoder 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: 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; (e) exercise such other powers, perform such other duties as the General Council may, by general or special resolution, direct or as the Government may, by rules made in this behalf, prescribe. Meeting of the 12. (1) The General Council shall meet at least once in every three General Cou ncil months for transaction of its businesl>. (l) The meeting of the General Council shall be held at the headquarter of the Kamatapur Autonomous Council at such time as may be notified by the Chief Executive Councilor: 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. Oatb o( 13. Every member of the General Council shall before taking his affirmation by seat, make and subscribe before such per~on as may be memben appointed by the Governor in this behalf an oath or affirmation in the manner and fonns as may be prescribed. Quorum 14. The quorum necessary for tranc;action of business at a meeting of the General Council shall he one third of the. members and the decision of the General Council shall be by a single majority of votes of the members present. Head Quarter of 15. The Government may, by notification in the Official Gaz.ctte, the General declare any place v. i1hin the Council Arca to be the head Council quarter of the General Council. Secretariat of 16. (1) There shall be a Secretariat for the Kamatapur Autonomous the Kamatapur Council at the head-quarter of the General Council headed Autonomous by a Principal Secretary lo be appointed by the Government Council tn consultallon wilh the Chief Executive Councilor. (l) 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. (3) 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 pe~on 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. TI IEASSJ\M GJ\ZE'lTE, EXTRAORDINARY, OCTOBER 19, 2020 2051 ( 4) The Principal Secretary and the other officers of the Secretariat shall be paid out of the General Council Fund. (5) The term of appointment of the Principal Secretary shall be for a period of three years but may be extended by the Government in consultation with the Chief Executive Council or. (6) The Government may appoint such officers for the General Council on such tenns and conditions as the Government may, in consultation with the Chief Executive Councilor, determine. (7) The Government may, in consultation wiLh 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 . (8) 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. CHAPTER- III Subjects to be 17. Subject to any Central and State law for the time being in force, under control the General Council shall have executive powers in relation to and the Council Area over the following subjects :- administration of the General (1) Cottage Industry; Council (2) Animal Husbandry and Veterinary; (3) Agriculture ; (4) Rural Roads and Bridges other than those taken up under PMGSY; (5) Sericu lture; (6) Education; (a) Adult Education • (b)Primary Education, (c)Up to Higher Secondary including vocational training; (7) Cultural Affairs; (8) Soil conservation ; (9) Co-operation; (10) Fisheries; (11) Handloom and Textile; (12) Minor Irrigation; (13) Social Welfare; (14) Sports and Youth Welfare; (lS) Museum and Archaeology; (16) Tourism; (17) Market and Fair, (18) Any other matters connected with development as may be entrusted from time to time. Other matters 18. Subject to the general policy of the Government, the General to be under the Council shall-- · control of ( 1} formulate integrated development plans for ttie Council administration Area; of the General (2) implement schemes and programmes for the development Council of the Council Area;

2052 TI IEASSAM GAZE'ITE, EXTRJ\ORDINJ\RY, OCTOBER 19, 2020 (3) have powers co regulacc trade and commerce within thecouncil area in accordance with the existing laws. Powen to 19. (1) Subject to such maximum rates as the Government may impose, levy and pn:scribc, the General Council shall.- collect taxes (a) leV) tolls on persons, vehicles or animals of any class, for the use of any bridge or road other than kacha road, or ferry constructed or established and managed by it; (b) levy the following fees and rates, namcly:- (i) fees on the registration of boats or vehicles; (ii)fccs for providing sanitary arrangements at such places of worship, pilgrimage. fairs. mclas, other public places within the Council Area as may be specified b)' the Government by notification in the Official Gazene, (iii)fces, for Licen~es; (iv)water rates, where arran~ements for irrigation or drinking \\ater 1s made by it within the Council Area; {v) lighting rate where arrangements for lighting of public street or plnccs are made by it \\ 1thin the Council Area (2) Notwithstanding anything contained in the foregoing provisions of sub-section( I). 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, mclas or other public places within the Council Area or levy any fees in respect thereof, if such vehicle ha.'> alread) been registered by any other authority under the law for the time being in force. or if such provisions for c;an1tary arrangements has already been made b) the Government or any other local authority. (3) The collection of toll!), fees or rntes and the tcnns and conditions for the impos1t1on thereof shall be such as may be prescribed bye-laws . Such bye-laws may, intcr-alia, provide for exemption from all or any class of cases. Power to entrust 20. Notwithstanding an)thing contn111ct.l in this Act, the runctlons Government mny, in consultation '' ith the General council. entrust either cond1tionally or without IHI} condition, to the General Council or their officers an) function in relation to any matter not enumerated in section 17 to which the executive power of the Government extends. Power to 21 . Notwithstanding. llll)'thing contained i11 section 4, the Gl.!neral acquire, hold Council. subject to the pre' ious appro' al of the Govcmment and dispose of and subject to such tarns and t;Onditions as may be imposed b) property 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 lal..h and to enter mto an) contract or agreement with any party or authority. Power to make 22. (J) The General Counci l may. subj~t;I to the prO\ is1on~ of tl11s Bye-laws Act and the rules made thereunder and su~jcct to the approval of the Government, make bye-la" s to he applicable within the council area with respect to all or an) -J TI IEASSAM GA/.E'ITE, EXTRAORDINARY, OCTOBER I 9, 2020 2053 of the matters enumerated in ~ections 17 and 18 for the regulation, control and administration thereof (2) All bye-laws made under sub-section (I) above, shall have effect upon their publication in the Official Gazette. CHAPTER- IV THE EXECUTIVE COUNCIL The Executive 23. (a) The Executi\e Council shall consist of the Chief Execu11ve Council Councilor and Executive Councilors elected in accordance with the provisions of sub-section (3) of section 5. (b) The Chief Executive Councilor shall be the Chairman of the Executive Council and shall preside over the meetings thereof. (c) Any casual vacanc} among the members of the Executive council occumng by reasons of death, resignation removal _•'.t t I t •,; or otherwise shall be filled through election by the '' C!' ! ;•f.•: members of the General Council in the same manner as t• I a\ ) provided in sub section (3) of section 5: Provided that no Act or proceeding of the Executi\ e Council sha 11 be called in question or shall become invalid merely h)' reason of any vacancy among its members (d) The manner of transaction of business of the Executive Council shall be such as may be dctennined by the General Council b) bye-law:> made by 1t with the approval of the Government. (e) The Executive Council shall be collectively responsible to the General Council Term of Office 24. A member of the Executt\e Council shall hold office until he- of the Executive (1) ceases to be a member of the General Council, or Council (2) resigns his office in "ri1111g under his hand addressed to the Chief Executive Councilor in "hich case the resignation shall take effect from the date of acceptance thereof: Provided that in case of the Chief Executive Councilor, the resignation shall be addressed to any one of the Executive Councilors. Powers and 25. (1) The executive powers of the General Council shall vest in Functions of the the l:.xecutive Council . Executive (2) All orders or instructions made or executed by the r. ~ Council Executive Council shall be deemed to have been made or executed by or under the authority of the General Council. (3) Ever) order made or instruction issued or resolution passed by the General Council shall be authenticated by the signature of the Chief Executive Cou11cilor, or in his absence, by an) one of the rxecuti' e Councilors. General Powers 26. (1) The Chief £xecut1\.e Councilor shall be the Chief of the of the Chief Kamatapur Autonomous Council and shall exercise such Executive powers and discharge such functions as are conferred on Councilor him by or under this Act or the rules made thereunder.

2054 TIIEASSAM GAZE'lTE, EXTRAORDINARY, OCTOBER 19, 2020 (2) The Chief Executive Councilor shall, for the smooth and convenient transaction of business of the Exet:ut ive Council, allocate among the Executive Councilors such business in such manner as he may deem tit. Special Power or 17. (1) The Executive Council may, in cases where the Chief the Chief Councilor is required to take in accordanc~ with the Executive provisions of this Act or Rules made thereunder. or any Councilor other law for the time being in force, any action subject to the approval of 1hc t:\CCutive Council by a general or special resolution, uuthoriz.c the Chief Executive Councilor to take such action subject to such condition, if any, as may be specified therein, in anticipation of such approval. (2) Whenever the Chief Executive C'ouncilor takes any action under sub-section (I) above, he shall inform the Executi' e Council forthwith and shall obtain the approval thereof Meeting of the 18. (1) The Executive Council shall meet at least once in every Executive lhree months for transaction of its business at such place Council and time as the Chief Executive Councilor may direct. (2) The meeting shall be convened by the Chief' Executive Councilor by giving seven clear days notict: in writing to each member of the Executive Council. Quorum 29. 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 Ex1::cutive Council. CHAPTER-V ELECTION Delimitation 30. (I) There shall he 26 (twenty six) constituencies in !he Council Area for electing members to the General Council. Each constituency shall be a single rnembcr conMituency. (2)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. Power to atmend Jl. Notwithstanding an)1hmg contained in section JO above, the or alter Government may, by order published in the Official Gazette, delimitation alter or amend the order made under section 30: Provided that no such order shall be made after the commencement of the election process . Electoral Rolls 32. (I) 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 1.:ons1ituency _J TI IEASSA~ GAZETI'E, EXTRAORDINARY, OCTOBER 19, 2020 2055 (2) 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. (3) The Commission shall, at the tim.e and in the manner prescribed, cause to be published the clector:al roll in respect of a constituency. .. ' Right to Vote 33. (1) Save as otherwise provided in this Act every p~rson whose name is entered in the electoral roll for 'th.~ ~ime being in force, of any constituency, shall b~ .entitled: .to vote in that constituency; . , .. (2) No person shall vote at an electio'n In any constituency, if Central Act he is subject to any of the disqualification referred to in 43 of 1951 . section I 0 of the Representation of Peoples Act, 195 I; ,• (3) No person shall vote in more than one constituency; (4) No person shall vote in the same constituency more than ooce; (5) No person shall vote at any election if he is confined in a prison, whether under a sentence of imprisonment or otherwise or in the lawful custody of police: Pro-.,ided that nothing in this sub-section shall apply to a person subjected to preventive detention under any law for t.he time going in force. Election of 34. Election of members for the purrose of constituting the General Members Council shall be held on such date or dates as may be notified by the Commission in consultation with the Government. •.t .•'· Qualification 35. A person shall be qualified to be elected to the General Council for membership if he is an elector as defined in clause (e) of section 2. of Village Council or General Council Disqualification 36. A person shall not be qualified for being elected to the General for membership Council, if- of General (a) he is not a citizen of India; Council (b) he is less than l 8 years of age on such date as may be fixed by the Government; . ,I (c) he has been elected to any Municipality or Panchayat within the State of Assam; (d) he is in service of the Central or State' Government, Municipality or other authority; or (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 Arca : "i ~ l . ...... Provi~ed 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 /\et, 2013 , which contracts with or is employed by a Municipal Authority Central \cl 18 of20 13 or Panchayat within the Council Area; or

2056 TI lE ASSAM GAZE'ITE, EXTRAORDINARY, OCTOBER 19, 2020 (t) 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 1he Companies Act, 2013 or a Corporation owned or controlled by the Central Act Central or the State Government for misconduct involving 18 of2013 moral turpitude and five years have nut elapsed from the date of such dismissal ; (g) he has been adjudged by a competent courl to be of unsound mind; or (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 un<lcr Chapter IX-A of the Indian Penal Code, 1860 or Chapter- Ill, Part Ill or C~ntr;il t\c-1 Part VI I or the Representation of Peoples Act, 1951 and 45 of IXbU Central Act five years have not elapsed from the date of expiration of No. 43 of the sentence: 1951 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. Filling up of 37. Where the office of any member becomes vacant by reason of vacancies 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. Validation 38. 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 . Publication of 39. The names of all persons elected to the General Council shall results of be published by the Commission in the Official Gazette and elections upon ~uch publication, the General Council shall be deemed to have been duly constituted. Vacation of 40. If an elected member is chosen to be a Member of Parliament post or the State Legislature, then at the expiration of fourteen days from the date of publication in the Gazenc of India or the Official Gazette, as the case may be. of the declaration that he has been so cho'ien 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. Disputes 41. (I) No election shall b~ called in question except by an election regarding petition presented in such manner as may be prescribed and elections before such authority as may be appointed by the: Government, from time to time by notification in the Official Gazette: 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. TIIEASSAM GAZETTE, EXTRAORDINARY, OCTOBER 19, 2020 2057 (2) No election shall be called into question except on any one or mpre of the followi1,g grounds, namely: -· (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. (b)That corrupt practice has been committed by a returned candidate or his election agent or by any other person with the consentof tht; r~turned candidate or his election agent. Explaiiat.ion :- For the purposes of this clause, corrupt practice shall mean any of the corrupt practices specified in section 123 of the Representation.of Peoples Act; 195 l. Central Act (c) That any nomination has been improperly rejected. 43of1951 (d) That the result of the election in so far as it concerns the : returned candidate has been materially ·affected,- (i) by the improper acceptance of any nomination, or (ii)by any corrupt practice committed in the interest of the returned candidate by 1an agent other than his election agent .. or .. '~ n . (iii) by improper reception, refusal or rejection of any vote, or. . (iv) by reception of any vote which is void, or (v) by any non-compliance with the provisions of this Act, or 0f any rules or order made thereunder. (3) At the conclusion of trial of any election petition, the authority appointed under sub-section (1) shall make an .. "· f·i order,- (a) dismissing the election petition, or (b) declaring the electiqn of all or any of the returned candidates to be void, or (c) declaring the election of all or any of the returned .candidat.e s to be void and the petitioner or any other ~a11didate to have been duly elected. ( 4) If a petitioner, in addition to calling in question the election of a returned candidate, make a declaration that he himself or any other candidate has been duly elected and the authority under sub-section (I) is of the opinion that,- (a) in fact the petitioner or such other candidate has received the majority votes, or (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 petiti0ner or such: other candidate, as the case may be, ro have.been duly elected. Powers to make 42. The Government may by notification in the Official Gazette,. rules regulating make rules to regulate all or any of the following matters for the the election of purpose of holding election to the General Council under this the members Act,- (a) The designation of the officer or authority to whom the power to detennine the territorial Iimits of the constituencies under section 30 may be delegated, and maintain the electoral roll under section 32;

2058 TllEASSAM GAZETI'E, EXTRAORDINARY, OCTOBER 19, 2020 (b) The appointment or reluming officers, p~esiding officers and Polling Officers for Election; (c) The drawing up of programme for election: (d) The nomination of candidates und security of nominations; (e) The deposits to be 111adc by the candidates and the time and manner of making $uch deposits: (f) Withdrawal of Candidature; (g) Appointment of agents of candida1cs; (h) The filling up of casual vacancies; (i) The general procedure at the election including the cime, place and hours of poll and the methods by which votes shall be cast; (j) The fee to be paid on election petition; (k) Any other matter relating to election or election disputes in respect of which the Government deems ii necessary to make rules under this section or in respect of which there is no pro\ision in this Act or the provision is in~uffici~nt and in the opinion of the Govcmrncnt. !ldcquate provision i5 necessary. CHAPTER-VI FUNDS, AUDIT AND BUDGET General Council 43. (1) There shall be a fund called General Council Fund. fund (2) The fund as aforesaid shall be under separate sub-head within chc state budget to be held for the purpose of this Act and all moneys realized or realizable under this Act and all moneys otherwise recei\cd b) 1he General Council. as the case may be shall be credited to its fund. (3) 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 . Audit 44. SubJ!!Cl to the pro\'isions of the Cornptroller and Auditor General's (Duties. Power and Condruons of Service) Act, 1971 l .:nir;il '\,·, 5<> pf' 1"71 and the rules and the orders made thereunder, the audit of the account" of the General Council shall be entrusted b.> the G0-..cmnwnt to the Comptroller and Auditor general of India who may submit to Govemor such report therein as it may deem fit The Government shall 1rnmmit the rcpon 10 the General Council for discuss101l and co11<;1d~m1ion . fhc Gcnl.!ral Council shnll return the report to the Govemment with comments, if any. The Government shall lay such repo11 along with the comments of the General Council and the Village Councils before the state legislature. Budget 45. (I) The General Council shall at !.uch lime and in such manner as may be prescribed prepare in t!::tch financial year a budget of its estimated receipts and di!.bursemc111s for the following financial year and submit it to the Government by l st November of the current financial year. (3) The Government may within such time as may be prescribed, either approve the budget 1) r return 1t to Gcni:ral __ _ . . ) TIIEASSAM GAZETI'E, EXTRAORDINARY, OCTOBER 19, 2020 2059 Council concerned, as the case may be, for reconsideration on the observations of the Government, if any. The General Council concerned, shall thereupon resubmit the budget along with its comments on the ohscrvation 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. (4) No expenditure shall be incurred unkss the budget of the General Council arc either approved or deemed to have been approved by the Government. (5) 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. CHAPTER-Vfl MISCELLANEOUS Power to issue 46. The Government shall have the general power lo issue instructions instructions from time to time for the purpose of implementation of this Act. Protection of the 47. All rights and interests of ethnic groups other than Koch right of the non- Rajbongshi Community within the council area existing at the tribal and other commencement of this Act, in matters pertaining to their ethnic groups language, literature, culture, religion, customs and traditions and on matters pertaining Lo sections 18 to 29 shall be protected. ·, Properties 48. (1) Subject to such restriction as the Government may impose, situated in the all properties specified below and s.ituate~ in the council Council area area shall vest in and belong to General Council namely:- (a) All public buildings constructed or maintained out of the . General Council Fund; (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. Dissolution of 49. (1) The Governor may, if he is satisfied, on receipt of a report the General or other wise and in consultation with the Judicial Council and Department of the Government that a situation has arisen in Executive which the administration of the Council Area cannot be Council 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

2060 TI 1E ASSAM G/\ZETl'E, EXTRAORDINARY, OCTOBER 19, 2020 functions of the General .Council. the Executive Council and declare that such powers and functions shall be exercised by such persons or authority as ht: may specify in this behalf for a period not exceeding six months at a time. (2) Every ordc::r made under sub-se~tio11 (I) above shall be laid before the State Legislatllrc for approval and unless approved by the State Legislature shall ce<:1sc to operate 011 the expiry of thirty days from the date on which the Assam Legislative /\s~embly first sits after the issue of the orders. Effect of SO. When an order of dissolution is made under section 49, with dissolution effect from the date of the orders,- (a) all the members of the General Council and the Executive .:: Council shall vacate their offices. and (b) all powers, duties, functions of the General Coundl and the : Executive Council shall be exercised, discharged and performed by such authorities as ma) b~ appointed by the Governor in this behalf. Special St. (I) The Government shall consult and give due regard to the provision for views of the General Council before any law is made and Council areas implemented in the Council Area on the following subjects, namely:- ( a) The religions and social practice of the Koch Rajbongshi Cornmunit). (b)The customary laws and procedures of the Koch Rajbongshi Community. Members, 52. The Chief Executive Councilor and the Executive Councilors Officers and shall be deemed to be public sen.ants within the meaning of Central Art No. 45 of employees to be section 21 of the Indian Panel Code, 1860. 1860 public servants Validation 53. No Act or proceedings of the General Council or the Executive Council ru; the case ma} be, shall be deemed to be invalid merely by reason of existence of any vacancy therein or any defect or irregularit) in the constitution thereof. Immunity S4. No suit or other legal proceedings c;hall lie against the General Council or the [xccutivc Council or any memher, or officer or employee thereof for an) thing done in good fai1h or intended to be done in pursuanct: of this Act or any rules or bye-law made thereunder. Interpretation SS. 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 Lht:rcm shall be final. Removal of 56. If any difficulty arises in giving effect to any provision of this difficulties Act, the Government may. b) order, do anything not inconsistent with the provisions of this A~t as may appear to it to be necessary or expedient for the purpose of removing the difticulty. Special status 57. The General Council shall, within the laws for the time being in force, taf...e steps to protect the demographic complexion of the areas falling within i1sjurisdiction. TIILJ\SSJ\M GJ\/ETl'l~ . EXTRAORDINARY, OCTOBER 19, 2020 2061 Power to make 58. (1) The Government may Jnake rules providing for any matter rules \.\-h1c.h '"-ith an) provision of thi~ Act 1s required 10 be prescribed or to be provided for by rules. (2) Every rules made under this section shall be laid. as soon as .. may be after it is made before the State Legislature. while it is in session for a total period of fourteen days which may be comprised in one session or in two or more 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 ntlc should not be made, the rule shall thereafier have effect only in such modifi~d form or be of no effect, as the case may be: Provided however that any such modification or annulment shall be without prejudice to the validity of anything previously done under the rule. Saving 59. 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. Explanation - For the purpo5e of this section 'Law' shall, include any enactment, ordinance, regulation , order, bye-la\.\<. rule, scheme, notification or other instrument having the force of law. S. M. BUZAR BARUAII, Commissioner & Secretary to the Government ofAssam, Lcg1slativc Department, Dispur, Guwahat1-6. Guwahat1 : Printed and Published by the Din..-ctor. Directorate of Printing & Stationery, Assam, Guwahau-2 i . ExtraordinaryGazcttcNo. 887 -400 -t 10 - 19 - 10-2020. (visit at dpns.assam.gov.in)