( 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 financ ial 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 Ist 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, shall there~upon resubmit the budget along with its comments on the observation and if the approval of the Government upon such submi!;sion or resubmission as the case may be, is not received by th•;: 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 b...: incurred unless the budget of the General Council as well as the budget of the Village Councils are either approved or deemed ro have been approved by the Government.
. 1590 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005
CHAPTER.IX MISCELLANEOUS Effect of bye- law, 64. All the bye-laws, regulations made, orders passed and et~. 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 Protection of the right of the non tribal and other ethnic.
Properties situated in the Council Area.
65. The Government shall have the general power to issue instructions from time to time for the purpose of implementation of this Act.
66. All rights and interest o f the non-tribal citizens and other ethnic groups other than the Sonowal Kachari Community within the Council Area as exist · at th1.; 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.
67. (I) Subject to such restriction as the Government may impose, all properties specified below and situated in the Council Area sha11 vest in and belong to GeneraJ 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.< J-overnment ;
(d). such properties own~d and controlled by the Municipality or the Panchayat as may be assigned, to the General Council by the Government.
(2). Notwithstanding anything con1ained 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 si tuated.
(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 unckr the management, direction and control of the General Council or the Village Council concerned as the case may be.
, ...
THE .ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005. 1591 Dissolution of General Council, Executive Council, and Village Council.
Effect of dissolution.
Special provision for Council · Areas.
Reservation for services.
Members, Officers and employees to public servants.
Validation
68. (I) The Governor may, if he i'> 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 ~he 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 Offidal Gazette, dissolve the General Council, the Executive Council ~md the Village Council before the expiry of the term and assume t1 l 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 consu,lt 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 :_
(i) the religions and social practice of the Sonowal Kachari Community ;
(ii) the customary laws and procedures of the Sonowal Kachari Community ;
(iii) ownership and transfer of !and 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 ;ts jurisdiction.
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, a~ the case may be, shall be deemed 1592 THE ASSAM GAZETTE, EXTRAORDINARY; MAY 17, 2005 Immunity Interpretation Removal of difficulties.
Special status.
Application of Acts of the legislature of the State.
Power to make rules.
Transitional provisions.
Saving.
to be invalid merely by reason 1)f existence of any vacancy therein or any defect or irregularity in the constitution thereof.
74. No suit or other legal procl()edings shall lie against the Deneral Council or the Executive Cou11cil 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 tc1 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 1)rder, 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 Coundl is repugnant to any provision of t1e 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 ~ ;hall prevail.