[16
OF 2024] [15th
March 2024] AN ACT further to
amend the Mising Autonomous Council Act, 1995. Whereas it is
expedient further to amend the Mising Autonomous Assam Act Council Act, 1995
hereinafter referred to as the principal Act, in the manner hereinafter
appearing; It is hereby enacted
in the Seventy-fifth Year of the Republic of India, as follows :- (1)
This Act may be called the
Mising Autonomous Council (Amendment) Act, 2024. (2)
It shall have the like
extent as the principal Act. (3)
It shall come into force at
once. In the principal Act,
in section 2, (i)
in clause (i), the words
"and Village Council Fund" shall be deleted. (ii)
in clause (l), the words
"the Village Council or" shall be deleted. (iii)
clause (r) and (s) shall be
deleted. (iv)
in clause (v), in the fourth
line, for the words "Welfare of Plain Tribes and Backward Classes"
appearing in between the words and punctuation mark "Department, of and
"Government of Assam", the words "Tribal Affairs (Plain)"
shall be substituted. In the principal Act,
in section 3, in sub-section (1), in the second line, the words "of the
Village Councils" appearing in between the words, "of the areas"
and "as may be" shall be deleted. In the principal Act,
section 4, shall be omitted. In the principal Act,
in section 6, for sub-section (1), the following shall be substituted, namely:- "(1)
The General Council shall consist of 45
members of which 40 (Forty) shall be directly elected and 5 (five) shall be
nominated by the Government with the concurrence of the Missing Autonomous
Council from amongst the groups of communities residing in the Council Area and
not otherwise represented in the General Council. Out of 40 (forty) seats, 28
(twenty eight) seats shall be reserved for Scheduled Tribes and 7 (seven) seats
shall be reserved for women of any community." In the principal Act,
in section 15, in the second line, for the figures and word, "10
(ten)" appearing in between the words, "shall be" and "member",
the figure and words "23 (twenty-three)" shall be substituted. In the principal Act,
in section 20, sub-section (5) shall be deleted. In the principal Act
in section 23, in sub-section (1), in the fourth line, the words "18, 19,
43 and 44" appearing in between the words, "sections" and
"for regulations", the figures and words "18 and 19" shall
be substituted. In the principal Act,
after section 30, the words, "CHAPTER-V THE VILLAGE COUNCIL" and
sections 31 to 42 and the words "CHAPTER-VI POWERS AND FUNCTIONS OF THE
VILLAGE COUNCIL" and sections 43 to 47 shall be omitted. In the principal Act,
for section 48, the following shall be substituted, namely:- "(1)
There shall be 40 (forty) constituencies
in the Council Area for electing members to the General Council. Each
constituency shall be a single member constituency. (2)
The Government shall, by order published
in the Official Gazette, determine the territorial limits of the constituencies
into which the Council area shall be delimited for the purpose of election of
members to the General Council." In the principal Act,
for section 50, the following shall be substituted, namely:- "(1)
Subject to the provisions of this Act and
the rules made there under, so much of the electoral roll for the Assembly
Constituency in force on the last date of nomination, as is relatable to a
General Council Constituency, as defined in clause (b) of section 2, shall be
the electoral roll for that General Council Constituency. (2)
Persons, whose names are included in the
electoral roll as aforesaid in sub-section (1) above, shall be the electorate
for the election of members of the General Council." In the principal Act,
in section 52, in the third line, the words and the Village Council"
appearing in between the words, "General Council" and
"shall" shall be deleted. In the principal Act,
in section 53, in the marginal heading, the word "Village Council or"
and in the first line, the words "either to the Village Council or"
appearing in between the words "member" and the "General
Council" shall be deleted. In the principal Act,
in section 54, (i)
in the marginal heading, the
words "Village Council or" shall be deleted. (ii)
in sub-section (1), in the
first line, for the words "either to the Village Council or appearing in
between the words, "elected" and "the General", the word
"to" shall be substituted. (iii)
in sub-section (1), in
clause (e), in the third line, the words "Village Council" appearing
in between the words, "behalf of " and "General Council"
shall be deleted, (iv)
in sub-section (1), in
clause (h), in the proviso, in the second line, the words "a member,
President or Vice-President of the Village Council or" appearing in
between the words " his being" and " a member" shall be
deleted. In the principal Act,
in section 57, in the first line, the words "Village Council and"
appearing in between the words "elected to" and "and" and
in the third line, the words "the Village Council" appearing in
between the words "the" and "and" shall be deleted. In the principal Act,
in section 59, (i)
in sub-section (1), the
proviso shall be substituted by the following, namely:- "Provided that
no person below the rank of 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." (ii)
in sub-section (2), for
clause (a), the following shall be substituted, namely:- "(a)
that on the date of his election the
returned candidate was not qualified or was disqualified to be choosen to fill
the seat in the General Council." In the principal Act,
in section 60, in the third line, the words, "to the Village Council
and" appearing in between the words, "election" and "to
the" shall be deleted. In the principal Act,
in section 61, (i)
in the marginal heading, the
words "and Village Council Fund" shall be deleted. (ii)
for sub-section (1), the
following shall be substituted, namely:- "(1)
For General Council Fund there shall be a
fund called General Council Fund." (iii)
for sub-section (2), the
following shall be substituted, namely :- "(2)
The fund as aforesaid shall be under separate
sub-heads within the state budget to be held for the purpose of the Act and all
money realized or realizable under this Act and all money otherwise received by
the General Council shall be credited to this fund." (iv)
sub-section (3) to
sub-section (12) shall be deleted. (v)
sub-section (13), shall be
renumbered as sub-section (3) and as so renumbered, in sub-section (3), in the
first line, the words, "and the Village Council" appearing in between
the words " Council" and "shall" shall be deleted. In the principal Act,
in section 62, in the sixth, seventh and tenth line, the words "and the
Village Councils" shall be deleted. In the principal Act,
in section 63, (i)
in sub-section (1), the
words, "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 1st October of the
current financial year." shall be deleted, (ii)
for sub-section (2), the
following shall be substituted, namely:- "(2)
The Government may within such time as
may be prescribed, either approve the budget or return it to the General
Council concerned, as the case may be, for reconsideration on the observations
of the Government, if any. The General Council concerned shall thereupon
resubmit the budget along with its comments on the observations and if the
approval of the Government upon such submission or resubmission as the case may
be, is not received by the budget shall be deemed to have been approved by the
Government." (iii)
for sub-section (3), the
following shall be substituted, namely:- "(3)
No expenditure shall be incurred unless
the budget of the General Council is either approved or deemed to have been
approved by the Government." In the principal Act,
in section 64, in the second line, the words "or the Village
Councils" appearing in between the words "Executive Council" and
"as the case" shall be deleted. In the principal Act,
in section 67, sub-sections (2) and (3) shall be deleted. In the principal Act,
in section 68, (i)
in the marginal heading for
the words and punctuation mark, "Dissolution of General Council, Executive
Councils and Village Council", the words "Dissolution of General
Council and Executive Council" shall be substituted. (ii)
in sub-section (1), in the
seventh line, the words, "and the Village Council" appearing in
between the words " Executive Council" and "before" shall
be deleted. In the principal Act,
in section 69, (i)
in clause (a), in the first
line, for the words and punctuation mark, ", Executive Council and the Village
Council", the words "and the Executive Council" shall be
substituted. (ii)
in clause (b), in the first
line, for the words, and punctuation mark, ", Executive Council and the
Village Council", the words "and the Executive Council" shall be
substituted. In the principal Act,
for section 72, the following shall be substituted, namely:- "72.
The Chief Executive Councilor, Deputy
Chief Executive Councilor. the Executive Councilor of the General Council shall
be deemed to be public servants within the meaning of section 21 of the Indian
Penal Code, 1860 or sub-section (28) of section 2 of the Bharatiya Nyaya
Sanhita, 2023." In the principal Act,
in section 73, in the first line, the words "or the Village Council"
appearing in between the words, "Council" and "as the case"
shall be deleted. In the principal Act,
in section 74, in the second line, the words "or the Village Council"
appearing in between the words "Council" and "or any
member" shall be deleted. In the principal Act,
in section 80, in the fourth line, the words "to perform in addition, the
functions of the Village Councils" appearing in between the words
"there-from" and "till the" shall be deleted.The
Mising Autonomous Council (Amendment) Act, 2024
Preamble