(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 electfon shall be called into question except on any one or more of the following grounds, namely :- .
(a) that on the date of his election the returned candidate was not qualified or 1632
Explanation.
Powers to make rules . regulating the . electfon of members.
THE ASSAM GAZETTE. EXTRAORDINARY. OCTOBER 30. 1995 was disqlialified to be choosen to fill the seat in the Village Council or the General Council, as the case may be ;
(b) That conupt practice has been committed by the 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 any of the conupt practices specified in section 123 of the Representation of Peoples Act 1951 ( c) that any nomination has been improperly rejected ;
Central Act No. 43 of
1951.
(d) that the result of the eledion in so far as it concerns the returned candi dates 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.
(3) At the conclusion of trial of any election petition, the authority appointed under sub-section ( 1) shall make an order - ·
(a) dismissing the election petition ; or
(b) declaring the electon 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 vo.id and the petitioner or any other candidates to have been duly elected.
( 4) If a petitioner, in addition to calling in q•1estion the election of a returned candidate, makes a declaration that he himself or any other candidate has been duly elected and the authority under sub-section ( l) 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 conupt practice the petitioner or such other candidate would have been obtained the majority of the val id 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.
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 deter mine 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 scrutiny of such nominations ;
( e) the deposits to be made by the candidates and the time and manner of making such deposits ;
(f) the withdrawal of candidature ;
(g) the 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 ;
U) 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 if necessary to make rules under this section or in re spect 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.
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THE ASSAM GAZETTE. EXTRAORDINARY. OCTOBER 30, 1995 1633 General Council Fund and Village Council .Fund ..
CHAPTER -VIII FUNDS, AUDIT AND BUDGET
61.(1) 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 seperate Sub-Heads within the state budget to be held for the purpose of this Act and all moneys realised or realisa ble 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 alo~g with other relevant deciding factors.
(4) The following shall be deposited to the Village Council Fund:-
(a) Contribution and grants received from the Govrnment.
(b) Contribution 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 niade 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 of 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 Vil lage Council Fund, as the case may be.
(8).The General Council or the Village Council, loans by as the case be sub ject to the provisions of loans by any law 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 Fµnd 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 grant :
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 other 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 pay~ents.
(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 :
1 ' .
I I . .
1634 THE ASSAM GAZETTE. EXTRAORDINARY. OCTOBER 30. 1995 Audit.
. Effect of bye-law, etc. ·
Provided that no funds standing at the credit of the General Council or the Village Council, as the 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 fol lowed in respect of payment of money into the said funds, withdrawal of moneys therefrom, the custody of the moneys therein and any other matter incidental thereto or connected therewith.
(13) The accounts of the General Council and the Vi111age Council shall be kept in such form and manner as may be prescribed iri consultation with the Accountant General, Assam .
. 62. Subject to the provisions of the Comptroller and Auditor General's Central (Duties, Power and Conditions of Service Act, 1971 and the rules and the Act 56 of orders made there under, the audit of the accounts of the General 197
1.
Council shall be entrusted by the Governmentto the Comptroller and Auditor General of India who may submit to Government such report theron as it may 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 Gov ernment shall lay such report along with the comments of the General Council and theVillage Councils before the State Legislature.