Mising Autonomous Council Act, 1995
No: 26 Dated: Oct, 30 1995
Amendment:- Mising Autonomous Council (Amendment) Act, 2008
Mising Autonomous Council Act, 1995
(Assam Act No 26 of 1995)
An Act To provide for the establishment of an authority in the name and style of "The Mising Autonomous Council" and for certain matters incidental thereto and connected therewith.
Preamble:- Whereas it is expedient to provide for the establishment of the Mising Autonomous Council within the State of Assam with maximum autonomy within the framework of the Constitution, comprising of Satellite Areas and Core Areas for social, economic, educational, ethnic and cultural advanement of the Mising and other Scheduled Tribe communities residing therein.
It is hereby enacted in the Forty-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 Mising Autonomous Council Act, 1995.
(2) It extends to the whole of the state of Assam.
(3) It shall come into force on such date as the State Govt. may, by a notification in the official gazette, appoint and different dates may be appointed for different provisions of the Act or different areas.
2. Definition. - 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 the constituency referred to in Section 48;
(d) "Council Area" means the Mising Autonomous Council Area.
(e) "Executive Council" means the executive body of the General Council of the Mising 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 Mising Autonomous Council referred to in section 3.
(k) "Gaon Panchayat', 'Anchalik Panchayat" and "Zila Parishad" have the same meaning as defined in the Assam Panchayat Act, 1994 (Assam Act XVIII 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;
(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 Areas" mean the area or areas consisting of noncontiguous cluster of villages predominantly inhabited by Scheduled Tribes population having 50% and above 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.
(t) "Commission" means the Assam State Election Commission constituted vide Govt. Notification No. PDA.116/94/6 dated 31-5- 1994.
(u) "Core Areas" means the compact and contiguous areas predominantly inhabited by Scheduled Tribes population having 50% and above as a whole in the area and not necessarily in the individual villages.
(v) "Tribal Belts/Blocks/Tribal Sub Plan Areas" means areas notified as such under the Assam Land and Revenue Regulation, 1886 (Assam Regulation I of 1886) and also identified by the Department of Welfare of Plains Tribes & Backward Classes, Govt. of Assam.
3. Mising Autonomous Council. - (1) There shall be an autonomous council to be called the Mising Autonomous Council within the State of Assam comprising of the areas of the Village Councils as may be notified by the Government in the Official Gazette.
(2) The Mising Autonomous Council shall have maximum autonomy within the framework of the Constitution.
(3) The Mising 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 as may be notified by the Government under sub-section (1) of Section-3 consisting of approximately 6000 to 8000 tribal population.
(2) For the purposes of sub-section (1) above, there shall be as many village councils as may be specified by the Government by notification in the Official Gazette.
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.