(1) There shall be a secretariat for the Sonowal Kachari Autonomous Council at the head-quarter of the General Council headed by a Principal Secretary to be appointed by the Government in consultation with the Chief Executive Councilor.
(2).The Principal Secretary shall be the Principal Executive Officer of the General Council and all other officers of the General Council sha ll be subordinate to him .
(3). The Principal Secretary shall be present and take part in the discussion of all the meetings of the General Council or the Executive Council or any Committee of the General Council and may, with the consent of the Chief Executive Councilor or any other person presiding over such ·meeting for the time being, as the case may be, at any time make a statement or give explanation of the facts and circumstance~; but shall not be entitled to vote in any such meeting.
(4). The Principal' Secretary and the other officers of the Secretariat shall be paid out of the General Council Fund.
(5) . The tenn of appointment of the Principal Secretary shall be for a period of three years but may be extended by the Government in consultation with the . Chief Executive Councilor.
(6).The Government may appoint such other Secretaries for the General Council on such terms and conditions as the Government may, in consultation with the Chief Executive Councilor, de1ermine.
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_15_6_8 __ T_H_E_A_S_SA_M_. _G_A_Z_ET_. T_E __ ,_E_X_T_R .. _A_O_R_D_IN_A_R_Y_._.,_. _M_A_Y_l_...7 ,_· _20_0_5_--'~
(7). The Government may, in consultation with the Chief Executive Councilor, depute such other officers or experts, as may be required to assist the General Council on such terms and conditions as may be determined by the Government.
(8). The Government may from time to time post officers of the rank of Class-II and abov~ within the Council Area in accordance with the exigencies, but while making such postings due regard may be given to the views of the General Council.
(9). All Officers and other .;taff posted in the Council Area shall be accountable tc 1 the General Council for their performance and assessment of their works recorded by the Executive Counci I shall be incorporated in their Annual' Confidential Reports by the Government.
(10). Notwithstanding anythmg contained in sub-section (5) above, the Government may, at any time in consultation with the Chief Executive Councilor, withdraw the Principal Secretary CH any other officer posted or appointed by it in the Se~retariat.
THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005 1569
CHAPTER-Ill POWERS AND FUNCTIONS OF THE GJ1:NERAL COUNNCIL Subjects to be -.nder the control and administration of the General Council~
18. Notwithstanding anything contained in any other law or rules for the time being in force, the General Council shall have executive powers in relation to the Council Area over the following subjects :-
1. Cottage Industry,
2. Animal Husbandry and Veterinary,
3. Forest other than Reserved Forest,
4. Agriculture,
5. Rural Roads and Bridges,
6. Sericulture,
7. Education,
(a) Adult Education,
(b) Primary Education,
(c) Up to Higher Secondary including Vocational Training,
8. Cultural Affairs,
9. Soil Conservation,
10. Co-Operation,
11. Fisheries,
12. Panchayat & Rural Development,
13. Handloom and Textile,
14. Public health Engineering-- Drinking Water,
15. Minor Irrigation,
16. Social Welfare,
17. Flood Control schemes fo r protection of villages (not of highly. technical nature),
18. Sports and Youth Welfare,
19. Weights and measures,
20. Library Services, 21 . Museum and Archaeology,
22. Urban Development, Town and Country Planning,
23. Tribal Research,
24. Land and Land Revenue,
25. Publicity and Public Relation, 1570 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005 Other matters to be under the control and administration of the General Council Powers to impose, levy and collect taxes.
26. Tourism,
27. Transport,
28. Any other matter connected with development,
29. Municipal Board, Improvement Trust, District of Boards and other local-self Governmen < of Village Administration,
30. Tribal Welfare,
31. Market and Fair,
32. Lotteries, Theatres, Dramatic performances and Cinema,
33. Vital Statistics including registration of birth and deaths,
34. Food and Civil Supplies.
19.
(i) Subject to the general policy of the Government , the General Council shall ·· formulate integrated development plans for the Council Area;
(ii) implement schemes and programs for the development of the Council Arca;
(iii) have powers to appoint Class-HJ and Class-IV staff . within the Council Area ;
(iv) have powers to regulat>.! trade and commerce within the Council Area in accordance with the existing laws including issue of perm it or licenses to individuals within the Council Area ;
(v) guide customs and traditions and social justice of the Sonowal Kachari community according to the traditional laws;
(vi) Organize special recruitment drive inte> Army, Navy, and other para-military forces, Police Forces and other Central Government e:,tablishment for appointments of the persons belong to th1~ Sonowal Kachari community ;
(vii) Allot permits for tra<fo and commerce to the people residing in the Council Area preference being given to the Sonowal Kachari C<?mmunity.
20 (1). Subject to the provisions of any other law for the time being in force, the General Council shall have the powers to collect within the C :ouncil Area such taxes as are payable under the Jaw for time being in force in the manner as may be prescribed;
Provided that the tax or taxes as aforesaid shall be collected from such date as may be appointed by the Government by notification in this behalf in the official Gazette.
THE ASSAM GAZETTE, EXTRAORDINARY, MAY.17, 2005 1571 Power to entrust functions.
Power to acquire, hold and dispose of property.
(2). Subject to sub-section ( I) and such maximum rates as the Government may prescribe, the General Council shall-
(a) levy tolls on persons, vehides or animals of any class, for the use of any bridge or road other than kacha road, or ferry constructed or established and managed by it;
(b) levy the following fees and rates, namely ;
(i) fees on the registration \)f boats or vehicles ;
(ii) fees for providing sanitary arrangements at such places of workship, pilgrimage, fairs, melas, other public places within the Council Area as may be specified by the Government by Notification in the Official Gazette ;
(iii) fees for licenses ;
(iv) water rates, where arrangements for irrigation or drinking water is made by it within the Council Arca,
(v) lighting rate where arrangements for lighting of public street or places are mad·.: by it within the Council Area.
(3). Notwithstanding anything contained in the foregoing sub sections, the Genera! Council shall not undertake registration of any ve riicle or levy any fee in respect thereof and shall not provide sanitary arrangements at places of worship, pilgrimage, fairs, melas or other public places within the Council Area or levy and fees in respect thereof if such vehicle has already been registered by any other authority under the law for the time being in force, or if such provisions for sanitary arrangements have already been made by the Government or any other local authority.
(4) The collection of tolls , fees or rates and the terms and conditions for the impo:.;ition thereof shall be such as may be prescribed by the bye-laws. Such bye-laws may, interalia, provide for exemption from all or any class of cases.
(5) The General Council may levy fees or taxes on any or all the subjects assigned to the Village Council.
21. Notwithstanding anythinf" contained in this Act, the Government may, in consultation with the General Council, entrust either conditionally or without any condition, to the General Co11ncil or their officers any function in relation to any matter not enumerated in section 18 to which the executive power of the Government extends.
22. Notwithstanding anything c•mtained in Section 5, the General Council, subject to the previous approval of the Government and subject to such terms and conditions as may be imposed 1572 THE ASSAM GAZETTE; EXTRAORDINARY, MAY 17, 2005 Power to make bye laws by the Government, shall have the power to acquire, hold or dispose of any imm.ovable property or movable property the value of which exceeds Rupees one lakh and to enter into any contract· or agreement with any party or authority.
23 . (1) The General Council may, subject to the provisions of this Act and the rules made thereunder and subject to the approval of the Government, make bye-laws to be applicable within the Council Area with respect to all or any of the matters enumerated in sections 18, I 9A3 and 44 for regulation, control and administration thereof.
(2) All bye-laws made under sub-section ( 1) above, shall have effect upon their publication in the Official Gazette.
f "",..:., I THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005 1573 The Executive Council Term of office of the Executive Council.
Powers and functions of the Executive Council
CHAPTER-IV THE EXECUTIVE COUNCIL.