(1) The Gove rnment shall set up a Tribal Deve lopm ent Au thority for the Plains Tribal Are as of Assam imme dia tely afte r the coming into force of this Act.
•‘--At' ;
(2) The Au thori ty will be a corporate body with a perp etual succession and com mon seal.
(3) The Autho rity , unless sooner dissolved, . shal l continue for five years from the date appointed for its first meetings :
Provide d that the said period may be exten ded by the Governo r by notification in the Official Gazette for a period not exce eding one yea r at a time.
4. The Authority . shall consist of the followi ng :—
(1) (a) The Chairman of the Au tho rity shall be the Chief Minister , Assam.
(b) The Vice-Chairma n shal l be the Minister in-ch arge of the Welfar e of r Plains Tribes and Bac kwa rd Classes Department.
(c) A ll Plains Tri bal M.L.As. and M.Ps.
of the State representing the area in ’ which the Act is applicable.
f li E ASSAM GA ZETTE, EXTRAORDINARY, OCT. 10, 1983 859
(d) 8 (eight) members to be elected as provided in sub-section (2) of this Section str ict ly by the limited vote rs belon ging to the Plains Tribal Com munities of the Gaon Pan chayat areas, or a part of the Gaon Pan cha yat fal ling with in the areas to which this Act is applied.
(e) An officer not bel ow the rank of a Divisional Commissioner nominated by the Governm ent shal l be the Member-Sec retary of the Authority.
(f) 5 (five) Ex-officio members nominated by the Gov ernm ent from among the officers of the Developmental Dep art ments.
(g) Not more than two repre sentative s shal l be nominated by the Central Government.
(2) As soon as possible afte r the coming into force of the Act, the Gove rnment shall arrange to hold the elections for the members to be elected as provided under clause (d) above. The members of the Gaon Pan chayat or a part of the Gaon Pan chayat fal ling in the area to which the Act is applied shall form the Elec tora l College for the purposes. The pro cedure for the election shal l be as laid down by the Rules.
5. The tenure of the Vice-Chairma n shal l be for a period of five years . The terms of the m em bers who are M L. As or M.Ps shall be coterm inus with the ir membership of the Legis lat ive Assemb ly or Par liam ent as the case ma y be. The normal terms of the members electe d under Section 4(1)
(d) shall be for a period of five years.
860 THE ASSAM GAZETTE, EXTRAO RDINA RY, OCT. 10, 1983
6. Notw ithst anding any thin g contained herein befo re the Governo r may from time to time reconstitute the Autho rity .
Salary and allowances of Vice- Chairman ,
7. The Vice-Chairman (if nominated from members other than Minister) shall receive TA/ DA as per rules and sitting fees as may be laid down by the Government.
8. The non-official members of the Autho rity sha ll rece ive such TA/ DA as per rules and sitting fees as the G overnment ma y decide :
Prov ided that the Governmen t may, while decid ing the sittin g fees pay able to MPs. and ML As., take into account the provisions of Art i cle 102 and 192 of the Const itution of India and also those of Par liam ent (Prev ention of Disquali fication) Act. 1959 and such Acts of the State of Assam in respect of preventio n and disqu alifica tions of the members of the State Legislatu re.
Resignation. 9. A ny of the members of the Au tho rity may resig n his office by addressing a let ter to the Chairman.
i m̂berf °f 10.,(1) The Governm ent shal l have the right to remove the Vice-Chairman (if nominated from the members other than the Minister) or any other member of the Au tho rity befo re the expir y of his term on any one or more of the follo wing gro un ds:— , __
(a) On his refu sal to serve in the Authority.
........
(b) If he is incap able of holding the office, due to disease or infirmity.
(c) On absence Srom 5 (five) succ essive mee t ings of the Au tho rity without suffi cient reason.
(d) If he has misused his office.
THE ASSAM GAZETTE, EXTRAORDINARY, OCT, 10, 1983 861
(e) If hi s re te ntion in th e A uth ori ty is o th er wi se co ns idered un de si ra bl e or ag ains t \ th e in te re st of th e A ut ho ri ty , ■ - w
(2) Th e or de r und er su b- se ct io n (i) above sh al l no t be pa ssed unti l th e V ic e- Cha irm an or m em be r co nc erne d ha s be en give n an opp ort un i ty to show cause as to w hy th e or de r shou ld no t be p ass ed .
(3) A pe rson remov ed from ' th e office under su b- se ct io n (i) sh al l be di squa lif ied from ho ld ing an y office un de r th e au th ori ty fo r 5 ye ar s, com men cing from t he da te of su ch remov al .
vâ lciX-611 11- T h e Gov er nm en t sh al l ha ve th e po wer to fill up th e va ca nc ies in ac co rdan ce w ith th e pr ov is ions of th e Act , in case of t he office of Vice- Cha irm an or a M em be r fa lls va ca nt du e to re sign at ion, remov al , de at h or an y ot he r cause be fo re th e ex piry of te rm of su ch Vice-Cha irm an or mem be rs . Th e te rm of su ch Vic e-Cha irm an or m em be rs sh al l be co te rm in us w ith th e ex piry of th e te rm of th e ot he r re gu la r m em be rs of th e Aut ho ri ty .
Authorhyhc 12 Th e A uth ori ty m ay ha ve su ch sta ff as m ay be de cid ed by th e A uth ori ty w ith th e ap pr ov al o f th e Gov ernm en t.
CH AP TE R II I Pro ce du re fo r th e m ee ting of th e A ut hori ty tite^uthol H) Th e A uth ori ty sh al l m ee t at le as t onc e rity. in th re e m on th s pr ov id ed th a t a m ee tin g of th e A uth ori ty m ay be ca lle d by th e Cha irm an at sh ort er in te rv al s if he co ns iders it ne ce ssary.
(2) Th e Cha irm an or in his absenc e th e V ic e- Cha irm an sh al l pi es ide ov er th e m ee ting of th e A ut ho ri ty . In th e ab senc e of th e Cha irm an an d th e V ic e- Cha irm an th e m em be rs pr es en t sh al l elec t an y m em be r to pr es id e ov er th e mee tin g.
s 862 THE ASSAM GAZETTE. EXTRA ORDIi'IARY, OCT. 10, 1983 Special invi tees.
Quorum.
{3) The notice for the meet ing of the Autho ri ty sha ll be issued by the Member Secre tar y and nor ma lly 10 days’ notice will be necessary unless the requ irem ent is waived by the Chair man.
14 The Chairman may invite such person to attend the meet ing as he may consider neces sar y but such invi tees shal l have no voting power.