(1) No election shall be called in question except by an election petition presented in such manner as may be prescribed and 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 Assistant District Judge, in case of member of Village Council and District Judge, within the meaning of Article 236 of the Constitution, in case of member of the General Council, shall be appointed for the purpose.
(2). No election shall be called into question except on anyone or more of the following grounds, namely
(a) that on the date of his election the returned candidate was not qualified or was disqualified to be chosen to fill the seat in the Village Council or 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 consent of the returned candidate or his election agent.
For this purpose, ‘corrupt practice’ shall mean Central Act any of the corrupt practices specified in section 4 3 ^gg^ 123 of the Representation of Peoples Act,
1951.
(c) . that any nomination has been improperly rejected;
(d) . that the result of the election in so far as it concerns the returned candidates 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 an agent other than his election agent; or
(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 of any rules or order made thereunder.
1620 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005
(3) At the conclusion of trial of any election petition, the authority appointed under sub-section (I) shall make an order -
(a) dismissing the election petition ; or
(b) declaring the election of all or any of the returned candidates to be void; or
(c) declaring the election of all or any of the returned candidates to be void and the petitioner or any other candidates 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 been 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 petitioner or such other candidate, as the case may be, to have been duly elected.
THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005 1621 Powers to make rules regulating the election of members
60. , The Government may, by notification in the official Gazette make rules to regulate all or any of the following matters for the purpose of holding election to the Village Councils and to the General Council under this Act
(a) , the designation of the officer or authority to whom the power to determine the territorial limits of the constituencies under the sub-section (2) of section 48 may be delegated and maintain the electoral roll under section 50.
(b) . the appointment of Returning Officers, Presiding Officers and Polling Officers for election ;
(c) the drawing up of programme for election ;
(d) the nomination of candidates and security of nominations;
(e) the deposits to be made by the candidates and the time and manner of making such deposits
(f) Withdrawal of candidature ,
(g) Appointment of agents of candidates ;
(h) the filling up of casual vacancies ;
(i) the general procedure at the election including the time, 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 it necessary to make rules under this section or in respect of which there is no provision in this Act or the provision is insufficient and in the opinion of the Government, adequate provision is necessary.
1622 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005 General Council Fund and Village Council Fund.
CHAPTER-VIII FUNDS, AUDIT AND BUDGET
61. (I) there shall be two funds to be called respectively the General Council Fund, meant for the General Council and the Village Council Fund meant for the Village Councils.
(2) Each fund as aforesaid shall be under separate Sub Heads within the state budget to be held for the purpose of this Act and all moneys realised or realisable under this Act and all moneys otherwise received by the General Council or the Village Council, as the case may be, shall be credited to its respective fund.
(3) . The Government shall provide funds to the General Council Fund and the Village Council Fund from the Tribal Sub-Plan and other resources in accordance with the appropriate formulas to be worked out keeping in mind the resources of the Government, priorities or development works in other areas including other tribal areas along with other relevant deciding factors.
(4) . The following shall be deposited to the village Council Fund :-
(a) contributions and grants received from the Government.
(b) contributions and grants from the General Council.
(c) all receipts on account of donation, rates, fees, taxes etc.
(d) all other sums received by or on behalf of the Village Council.
(e) land revenue and local rates, if any, on land including Tea Garden, which falls in the Village Council Area.
(5) The allocation made under these Sub-Heads shall be in keeping with the guidelines laid down by the Government of India from time to time in the spirit of the Constitution of India.
(6) The Government shall not divert the fund allocated under these Sub-Heads except in exigencies, when there is unavoidable budget deficit.
(7) All funds, as may be allocated by the Central Government or the State Government for the General Council or the Village Council, as the case may, be shall be assigned to it and shall be credited to the General Council Fund or the Village Council Fund, as the case may be, THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005 1623
(8) The Generalpouncil or the Village Council, as the ca|a may be, subject to the provisions of loam by any w relating to the raising of local authorities, may raise with the approval of the Government loans for the purposes of this Act and create a sinking fund for the repayment of such loan.
(9) The money credited to the General Council Fund or the Village Council Fund shall be applied for the payment of all sums, charges and costs necessary for carrying out the purposes of this Act.
(10) No payment shall be made out of the General Council Fund or the Village Council Fund unless such expenditure is covered by a current budget g rant:
Provided that the General Council or the Village Council as the case may be, may make payments in terms of refund of deposits by contractors or for urgent works undertaken in an emergency or when required by the Government in the interest of the public or under the decree or order of a civil or criminal court against the General Council or the Village Council, as the case may be, and for such others cases as may be prescribed ;
Provided further that such expenditure shall be reported to the General Council or the Village Council, as the case may be, for taking such action under the provisions of this Act as may appear to it to be feasible for covering the amount of such payments.
(11) Surplus moneys standing at the credit of the General Council or the Village Council, as the case may be, at the end of the financial year, shall be invested in accordance with such bye-laws as may be made by the General Council, in this behalf:
Provided that no funds standing at the credit of the General Council or the Village Council, as the case may be, shall be lapsed but shall be carried over to the budget of the next financial year.
(12) . The General Council shall make bye-laws for the management of the General Council Fund and the Village Council Fund and for the procedure to be followed in respect of payment of money into the said funds, withdrawal of moneys there from, the custody of the moneys therein and any other matter incidental thereto or connected there with.
(13) . The accounts of the General Council and the Village Council shall be kept in such form and manner as may be prescribed in consultation with the Accountant General, Assam.
1624 THE ASSAM GAZETTE, EXTRAORDINARY,. MAY 17, 2005 Audit. 62. Subject to the provisions of the comptroller Central and Auditor General’s (Duties, Power and « Conditions of Service), Act, 1971 and the rules and the orders made thereunder, the audit of the 56 of accounts of the General Council and Village -̂ 97*1.
Council shall be entrusted by the Government to the Comptroller and Auditor General of india who may submit to Government such report thereon as it may deem fit. The Government shall transmit the report to the General Council and the Village Councils for discussion and consideration.
The General Council and the Village Councils shall return the report to the Government with comments, if any. The Government shall lay such report along with the comments of the General Council and the Village Councils before the State Legislature.
Budget 63. (1) The General Council shall at such time and in such manner as may be prescribed to prepare in each financial year a budget of its estimated receipts and disbursements for the following financial year and submit it to the Government by 1st November of the current financial year.
The Village Councils also shall prepare its budget in the like manner and shall submit the same to the General Council for consideration and onward transmission to the Government on or before the 1st October of the current financial year.
(2) . The Government may within such time as may be prescribed, either approve the budget or return it to General Council or the Village Council concerned, as the case may ' be, for reconsideration on the observations of the Government, if any. The General Council or the Village Council concerned as the case may be, shail there-upon resubmit the budget along with its comments on the observation and if the approval of the Government upon such submission or resubmission as the case may be, is not received by the General Council or the Village Councils as the case may be, the budget shall be deemed to have been approved by the Government.
(3) . No expenditure shall be incurred unless the budget of the General Council as well as the budget of the Village Councils are either approved or deemed to have been approved by the Government.
THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005 1625
CHAPTER-IX MISCELLANEOUS Effect of bye law, etc.
64. All the bye-laws, regulations made, orders passed and notifications issued under this Act by the General Council or the Executive Council or the Village Councils, as the case may be shall be subject to maintenance of security and safety of the State of Assam and Government and shall have the powers to take such steps as may be deemed necessary for the purpose.
Power to issue instructions
65. The Government shall have the general power to issue instructions from time to time for the purpose of implementation of this Act.
Protection of the right of the non-tribal and other ethnic.
66. All rights and interest of the non-tribal citizens and other ethnic groups other than the Deori Community within the Council Area as exist at the commencement of this Act, in matters pertaining to their language, literature, culture, religion, customs and traditions, trade and commerce, industry, land, etc, shall be protected.
Properties situated in the Council Area.