CourtMesh

Section 9

The Sonowal Ka Chari Autonomous Council Act, 2005State Act of Assam · Act 20 of 2005

(1) The Chief Executive Coundlor or the Executive Councilors or any one of them or all of them may be removed from office by a resolution l;arried by a majority of the total number of the elected members at a special · meeting of the General Council {;ailed for the purpose upon a requisition made in writing by not less than one third of the members of the General Council.

(2) The Government, after giving an opportunity to an elected member of the General < :ouncil to show cause against the action proposed to be taken against him and after giving a reasonable opportunity of being heard, may by order, remove him from the oflice, if he -

(a) after his election, is convicted by a criminal court of an offence involving moral turpitude punishable with imprisonment for any period exceeding six months, or

(b) incurs any of the disqualification's mentioned in section 54 after his election as member of the General Council, or ( c) is absent from three consecutive meetings of the General Council.

(3) Any member of the General Council who is removed from the office under sub-section (2) above, may within thirty days from the date of the order, appeal to such Judicial Authority as the Government may prescribe and the authority so prescribed after admitting an appeal may, after complying with the normal and fundamental principles of judicial proceedings, pass such order or orders either confirming < ir modifying or setting aside the order appealed against and pending the final disposal of the appeal inay pass such other interlocutory order or orders including stay of operation of the order appealed against.

( 4) The order, passed, by the Judicial Authority referred to in sub-section(3) above, on such appeal shall be final.

10.(l)The Chief Executive Councilor and the Executive Councilors shall be whole time functionaries and shall be naid out of the General Council Fund such salaries and 1566 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005 Filling up of Vacancies.

Powers, functions and duties of the Chief Executive Councilor Meeting of the General Council.

paid out of the General Council Fund such salaries and allowances as may be prescribed.

(2) The other term and conditions of service of the Chief Executive Councilor and the Executive Councilors shall be such as may be prest;ribed.

11. (I) Where the office of any member falls vacant by reason of his death, resignation., removal or otherwise, the vacancy shall be filled. up by election in accordance with the provisions of this Act and the rules framed there under:

Provided that any vacancy in the office of the Chief Executive Councilor or the Executive Councilors shall be filled up by the General Council by electing a member thereof in the manner prescribed for the election of the Chief Executive Councilor or the Executive Councilors. as the case may be.

(2)Any member elected in accordance with the provisions of sub-section (l) above . shall hold such office only for the remainder of the term of the General Council or the period extended linde1 sub-section (3) of section 7 .

12.( 1) The Chief Executive Councilor shall -·

(a) be responsible for the maintenance of the records of the General Council:

(b) have general responsibility for the financial and executive administration of the General Council;

(c) exercise administrative supervision and control over the officers and employees of the General Council and the officers and employees whose services may be placed at the disposal of the General Council by the Government;

( d) for transaction of business under this Act or for the purpose of making any order under this Act, exercise such powers, perform such functions and discharge such duties as may be exercised, performed or di~charged by the General Council under this Act or the rules made thereunder;

Provided that the Chief Executive Councilor shall not exercise such powers, pert orm such functions or discharge such duties as may be required by the rules made under this Act to be exercised, performed or discharged by the General Council at a meeting ;.

(e) exercise such other powers, perform such other duties as the General Council may , by general or special resolution, direct or as the Government may, by rules made in this behalf, prescribe.

13 (1) The.General Council shall meet at least once in every three months for transaction ol its business.

- j - < IBE ASSAM GAZETTE, EXT1AORDINARY, MAY 17, 2005 1567

(2) The meeting of the General Council shall be held at the headquarter of the Sonowal Kachari Autonomous Council at such time as may be notified by the Chief Executive Councilor.

Provided that the. first meeting of the General Council after .

. the election shall be held on such date as may be app?inted by the Government.

Oath of affirmation . (14). Every member of the General Council shall before taking by members. his seat, make and subscribe before such person as may be appointed by the Governor in this behalf an oath or affinnation in the manner and forms as may be prescribed.

Quorum.

Headquarter of the General Council.

Secretariat of the Sonowal Kachari Autonomous Council.

15. The quorum necessary for transaction of business at a meeting of the General Council shall be 15 (Fifteen members and the decision of the General Council shall be by a single majority of votes of the members present.

16. The Government may, by notification in the official Gazette, declare any place within the Council Area to be the Head Quarter of the Gt·neral Council.

Where this provision sits

ActThe Sonowal Ka Chari Autonomous Council Act, 2005
Section9
JurisdictionState of Assam
StatusIn force as published by the source

Find the provision, not just read it

The full text above is free, and it stays free. What a free CourtMesh account adds is everything you cannot do by reading one page at a time:

  • Search 49,000+ Central and State enactments by what a provision says, not by its number
  • Jump from any section to every judgment that has applied it
  • Search 300 million+ Indian court records alongside the statute
  • Ask a research agent to find and read the case law on a provision for you

Free account. No card. About a minute to create.

Create a free account

Need this as data, not as a page? The Sonowal Ka Chari Autonomous Council Act, 2005 is one of 49,000+ enactments on CourtMesh. The Indian court cases API serves the case law that cites these provisions over JSON, with API documentation and plans and pricing. See also the judgment library.