Bodoland Autonomous Council Act, 1993

No: 11 Dated: May, 14 1993

Amendment:- Bodoland Autonomous Council (Amendment) Act, 1999

Repeal Act:- Bodoland Autonomous Council (Repeal) Act, 2003

THE BODOLAND AUTONOMOUS COUNCIL ACT, 1993

(Assam Act 11 of 1993)

    An Act to provide for the establishment of an Administrative Authority in the name and style of "Bodoland Autonomous Council" and for certain matters incidental thereto and connected therewith.

    Preamble. - Whereas it is expedient to provide for the establishment of a Bodoland Autonomous Council within the State of Assam with maximum autonomy within the framework of the Constitution comprising contiguous geographical areas between the river Sankosh and Mazbat the river Pasnoi, for social, economic, educational, ethnic and cultural advancement of the Rodos residing therein ;

    It is hereby enacted in the Forty-fourth Year of the Republic of India, as follows :

CHAPTER I

1. Short title, extent and commencement. - (1) This Act may be called the Bodoland Autonomous Council Act, 1993.

(2) It extends to the Bodoland Autonomous Council Area.

(3) 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 the Act.

2. Definitions. - In this Act, unless the context otherwise requires,-

(a) "Constitution" means the Constitution of India ;

(b) "Constituency" means a constituency provided by an order made under Section 6 for the purpose of election to the General Council;

(c) "Council Area" means the Bodoland Autonomous Council Areas ;

(d) "Council Fund" means the fund constituted under Section 46 ;

(e) "Executive Council" means the Bodoland Executive Council constituted under Section 35;

(f) "Elector" in relation to a constituency means a person whose name is entered in the electoral roll of that constituency for the time being in force;

(g) "Government" means the State Government of Assam ;

(h) "Governor" means the Governor of Assam ;

(i) "General Council" means the General Council constituted under Section 5;

(j) "Gaon Panchayat", "Ancalik Panchayat" and "Mahkuma Parishad" have the same meanings as defined in the Assam Panchayati Raj Act, 1986 (Assam Act XVII of 1986);

(k) "Member" means the member of the General Council and the Executive Council;

(l) "Municipality" has the same meaning as in the Assam Municipal Act, 1956 Assam Act XV of 1957);

(m) "Notification" means the notification issued under this Act;

(n) "Official Gazette" means the official Gazette of Assam ;

(o) "Prescribed" means prescribed by rules made under this Act.

(p) "Commission" means State Election Commission, Assam Constituted vide Government Notification No. PDA, 116/94/5 dated Dispur, May 31,1994.

3. Bodoland Autonomous Council. - (1) There shall be an Autonomous Council to be called the Bodoland Autonomous Council within the State of Assam comprising the areas with special consideration in regard to Tribal Belts/Blocks and areas falling within Reserved Forest as may be specified by the Government by notification in the official Gazette.

(2) The Bodoland Autonomous Council shall have maximum autonomy within the framework of the Constitution.

(3) The Bodoland Autonomous Council shall have a General Council and an Executive Council to be known as the Bodoland Executive Council as provided hereinafter.

4. Incorporation of General Council. - The General Council shall be a body corporate having perpetual succession and a common seal, with power to acquire, hold and dispose of property and to contract and shall by its corporate name sue or be sued.

5. Constitution of General Council. - The General Council shall consist of 40 (forty) elected members, of which 30 (thirty) seats shall be reserved for Scheduled Tribes (Plains) on the basis of adult suffrage from the territorial constituencies referred to in Section 6.

6. Delimitation. - (1) There shall be 40 (forty) constituencies covering the Council Area for electing members to the General Council. Each constituency shall be a single member constituency and shall be territorial.

(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.

7. Power to alter or amend delimitation. - The Government may, by order published in the official Gazette, alter or amend any order made under Section 6.

8. Qualification for membership of General Council. - A person shall not be qualified to be elected as a member of the General Council unless he is an elector as defined in Clause (f) of Section 2.