(1) Subject to such restriction as the Government may impose, all properties specified below and situated in the Council 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, material implements and things provided for such roads ;
(c) . all land and other properties movables or immovable transferred to the General Council by the Government;
(d) . such properties owned and controlled by the Municipality or the Panchayat as may be assigned, to the General Council by the Government.
(2). Notwithstanding anything contained in sub-section (I) above all the properties specified in sub-section (I) and construction and maintenance of which has been done out of the Village Council Fund shall vest in and belong to the Village Council within the area in which the property is situated.
(3). The properties vested under sub-section (I) or (2) above and all other properties which may become vested in the General Council, as the case may be, shall be under the 1626 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005 Dissolution of General Council Executive Council, and Village Council.
Effect of dissolution.
Special provision for Council Areas.
management, direction and control of the General Council or the Village Council concerned as the case may be.
68. (I) The Governor may, if he is satisfied, on receipt of a report or other wise and in consultation with the Judicial Department of the Government that a situation has arisen in which the administration of the Council Area cannot be 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 and the Village Council before the expiry of the term and assume to himself all or any of the powers and functions of the General Council, the Executive Council and the Village Councils and declare that such power and functions shall be exercised by such persons or authority as he may specify in this behalf for a period not exceeding six months at a time.
(2). Every order made under sub-section (I) above shall be laid before the state legislature for approval and unless approved by the State Legislature shall cease to operate on the expiry of thirty days from the date on which the Assam legislative Assembly first sits after the issue of the orders.
69. When an order of dissolution is made under section 68, with effect from the date of the orders -
(a) , all the members of the General Council, the Executive Council and the Village Councils shall vacate their offices ;
and
(b) . all powers, duties, functions of the General Council, the Executive Council and the Village Council shall be exercised, discharge and performed by such authorities or person as may be appointed by the Governor in this behalf.
70. The Government shall consult and give due regard to the views of the General Council before any law is made and implemented in the Council Area on the following subjects, namely - Reservation for services.
(i) the religions and social practice of the Deori Community;
(ii) the customary laws and procedures of the Deori Community;
(iii) ownership and transfer of land within the Council Area.
71. Subject to the provisions of the law for the time being in force the General Council shall have the power to reserve jobs for the Scheduled Tribes within its jurisdiction.
THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005 1627 Members, Officers and employees to public servants.
Validation Immunity Interpretation Removal of difficulties.
Special status.
Application of Acts of the legislature of the State.
Power to make rules.
72. The Chief Executive Councilor, the Executive Councilors of the General Council and the President and the Vice President of the Village Councils shall be deemed to be public servants within the meaning of section 21 of the Indian Panel Code.
73. No act or proceedings of the General Council or the Executive Council or the Village Council, as the case may be, shall be deemed to be invalid merely by reason of existence of any vacancy therein or any defect or irregularity in the constitution thereof.
74. No suit or other legal proceedings shall lie against the General Council or the Executive Council or the Village Council or any member, or officer or employees thereof for anything done in good faith or intended to be done in pursuance of this Act, or any rules or bye-law made thereunder.
75. 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 thereon shall be final.
76. If any difficulty arises in giving effect to any provision of this Act, the Government may, by order, do anything not inconsistent with the provisions of this Act as may appear necessary or expedient for the purpose of removing the difficulty.
77. The General Council shall, within the laws for the time being in force, take steps to protect the demographic complexion of the areas falling within its jurisdiction.
78. If any provision of the bye-law made by the General Council is repugnant to any provision of the law made by the Legislature of the State of Assam, with respect to that matter then the bye-law so made, whether before or after the laws made by the Legislature of the State of Assam, shall to the extent of repugnancy be void and the law made by the Legislature shall prevail.