Deori Autonomous Council Act, 2005
No: 25 Dated: May, 17 2005
Amendment:- Deori Autonomous Council (Amendment) Act, 2008
Deori Autonomous Council (Amendment) Act, 2010
THE DEORI AUTONOMOUS COUNCIL ACT, 2005
ASSAM ACT NO. XXV OF 2005
An Act to provide for the establishment of an administrative authority in the name and style of Deori Autonomous Council and for certain matters incidental thereto and connected therewith.
Preamble. - Whereas it is expedient to provide for the establishment of a Deori Autonomous Council within the State of Assam with maximum autonomy within the framework of the Constitution, comprising of the satellite areas of Village Councils formed out of blocks of contiguous revenue villages, each having 50% and above Deori and other Scheduled Tribes population without having any compact area for social, economic, educational, ethnic and cultural advancement of the Deori and other Scheduled Tribes communities residing therein.
It is hereby enacted in the Fifty-sixth Year of the Republic of India, as follows :
CHAPTER I
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called the Deori Autonomous Council Act, 2005.
(2) It extends to the whole of the State of Assam.
(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 or different areas.
2. Definitions. - In this Act, unless the context otherwise requires,-
(a) 'bye-law' means the bye-law framed by the General Council;
(b) 'Constitution' means, the Constitution of India ;
(c) 'Constituency' means, a constituency referred to in section 48;
(d) 'Council Area' means the Deori Autonomous Council Area;
(dd) 'Core Areas' means the compact and contiguous areas predominantly inhabited by Deori community and having more than 50% Scheduled Tribes populations as a whole in the area and not necessarily in the individual villages;
(e) 'Executive Council' means the executive body of the General Council of the Deori Autonomous Council constituted under section 3 (3) and 24;
(f) 'Elector' in relation to a constituency means a person whose name is entered in the electoral roll of that constituency;
(g) 'General Council Fund' and 'Village Council Fund' means the funds constituted under section 61;
(h) 'Government' means the State Government of Assam;
(i) 'Governor' means the Governor of Assam;
(j) 'General Council' means the General Council of the Deori Autonomous Council referred to in Section 3;
(k) 'Gaon Panchayat', 'Anchalik Panchayat' and 'Zila Parishad' have the same meaning defined in the Assam Panchayat Act, 1994 Assam Act 18 of 1994;
(l) 'Member' means a member of the Village Council or the General Council or the Executive Council, as the case may be;
(m) 'Municipality' has the same meaning as in the Assam Municipal Act, 1956 Assam Act 15 of 1957;
(n) 'Notification' means the notification issued under this Act;
(o) 'Official Gazette' means the Official Gazette of Assam;
(p) 'prescribed' means prescribed by rules made under this Act;
(q) 'Satellite area' means the area or areas consisting of non-contiguous cluster of villages predominantly inhabited by Deori community and having more than 50% Scheduled Tribes population as a whole in the cluster and not necessarily in the individual villages;
(r) 'Village Council' means the Village Councils referred to in section 4; and
(s) 'Village Council Area' means the area declared to be the area of a Village Council by the Government by notification in the Official Gazette.
3. Deori Autonomous Council. - (1) There shall be an autonomous council to be called the Deori Autonomous Council within the State of Assam comprising the areas of the Village Councils as may be specified by the Government by notification in the Official Gazette.
(2) The Deori Autonomous Council shall have maximum autonomy within the frame work of the Constitution.
(3) The Deori Autonomous Council shall have a General Council and an Executive Council as provided hereinafter.
4. Village Council. - (1) There shall be a Village Council for each block of villages, each village having 50% or more Scheduled Tribe population.
(2) Each Village Council area shall consist of approximately 3000 to 5000 population.
(3) Each Village Council shall consist of 10 (Ten) elected members out of which 5 (Five) will be form Scheduled Tribe community. Out of 5 (Five) reserved seats, 1 (One) shall be reserved for a women member.
CHAPTER II
The General Council
5. Incorporation of the General Council. - 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.
6. Constitution of the General Council. - (1) The General Council shall consist of 20 (Twenty) elected members out of which 2 (Two) members shall be nominated by the Government of Assam to give representation of those group/communities of the council area which are not otherwise represented in it. Out of 18 (Eighteen) seats, 14 (Fourteen) seats shall be reserved for Scheduled Tribes and 3 (Three) seats shall be for women.
(2) The Members of Parliament and the Members of the Legislative Assembly, Assam belonging to Scheduled Tribes Reserved Constituencies of the Council Area shall be ex-officio members of the General Council.
(3) 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.
(4) The elected members of the General Council shall, at the first meeting after the election, for the purpose of constitution of the Executive Council, elect from amongst themselves, in the manner prescribed,-
(i) One member to be the Chairman;
(ii) One member to be the Deputy Chairman;
(iii) One Chief Executive Councilor of the Executive Council;
(iv) One Deputy Chief Executive Councilor of the Executive Council;
(v) As many Executive Councilor as may be decided by the General Council, but not exceeding one-third of the total members of the members of the General Council.
7. Term of Office. - (1) The term of office of the General Council shall be five years from the date of the first meeting as appointed by the Government after the election of the members, unless dissolved earlier under section 68.
(2) 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.
(3) 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.
8. Resignation of Members of the General Council. - (1) Any member of the General Council may, at anytime, by giving notice in writing addressed to the Chief Executive Councilor, resign his office :
Provided that in case of the Chief Executive Councilor, the notice shall be addressed to any of the Executive Councilors.
(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.