~ ,t Tripura Act No. 12 of 1979..,
i' The Tripura Tribal Areas Autonomous ~ District Council Act, 1979.
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PUBLISHED IN THE c-
EXTRAORDINARY ISSUE OF TRIPURA GAZETTE
Agartala, Wednesday, August 8, 1979 A. D. Sravana 17, 1901 S. E.
GOVERNMENT OF TRIPURA
LAW DEPARTMENT
NO. F. 2(3)-Law/Leg/79 AGARTALA, the 7th August, 1979. The following Act of the Tripura Legislative Assembly received assent of the President on the 20th July, 1979 and is hereby published for general information.
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Tripura Act No. 12 of 1979.
THE TRIPURA TRIBAL AREAS AUTONOMOUS
DISTRICT COUNCIL ACT, 1979
An
Act
to provide for establishment of an Autonomous District Council for tribal areas in the State of Tripura for the purpose of self-government by the Tribals in such areas.
te it enacted by the Legislative Assembly of Tripura in the Thirtieth Year of the Republic of India as follows :-
CHAPTER I
PRELIMINARY
Short title, extent and commencement. Definitions. -
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1. (1) This Act may be called the Tripura Tribal Areas Autonomous District Council Act, 1979.
(2) It extends to the whole of the State of Tripura.
(3) This Act shall come into force on such date as may be specified by the State Government by noti- fication published in the Official Gazette.
2. In this Act, unless the context otherwise requires,-
(a) "Autonomous District" means the terri- tory comprising the tribal areas specified in the First Schedule appended to this Act and shall not mean a separate district or a revenue district;
(b) "Constituency" means a District Council Constituency provided for by order made under section 6 of this Act for the purpose of election to the District Council;
(c) "Council" means the District Council;
(d) "District Council" means the District Council established for the autonomous district under section 4 of this Act;
(e) "Official Gazette" means gazette published by the Government of Tripura ;
(f) "Government" means the State Government of Tripura;
(g) "Scheduled Tribes" means such tribes as are specified by order made by the President under Article 342(1) of the Constitution as modified by law made by the Parliament from time to time, in so far as the specification pertains to the State of Tripura ;
(h) "Tribal Areas" means the areas comprised in the First Schedule appended to this Act ;
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Constitution of autonomous District. Incorporation of District Council.
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(i) "prescribed" means prescribed by the rules framed under this Act;
(j) "District Fund" means the district fund consti- tuted under section 30 of this Act;
(k) "Executive Committee" means the Executive Committee of the District Council constituted under this Act;
(1) "Election" includes general election and elec- tion to fill a seat or seats in the District Council ;
(m) "Elector" in relation to a constituency means a person whose name is entered in the electo- ral roll of that constituency for the time being inforce according to this Act ;
(n) "Member" means a member of the District Council.
CHAPTER-I!
CONSTITUTION OF THE AUTONOMOUS DISTRICT
COUNCIL
3. (1) As soon as may be after the commencement of this Act the State Government shall, by notification in the Official Gazette, appoint in this behalf, a date on and from which there shall be an autonomous district comprising the tribal areas specified in the First Sche- dule appended to this Act.
(2) The State Government may, by order notified in the Official Gazette-
(a) include any other area into the said district;
(b) exclude any area from the said district;
(c) re-define the boundary of the said district:
Provided that no order under sub-section (2) shall be made except after consultation with the District Council for the autonomous district:
Provided further that any order made under sub- section (2) may contain such incidental and conse- quential provisions as appear to the State Government to be necessary for giving effect to the provisions of the order.
4. (1) There shall be a District Council for the Autonomous District which shall exercise powers and functions as specified in Chapter III of this Act.
(2) The District Council shall be a body cor- porate by name of "the District Council (name of the
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Constitution and composition of District Council.
• Delimitation of constitu- encies.
Power to alter or amend deli- mitation order. Qualification for membership of District Council.
Disqualification of membership. Election and electoral rolls.
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District)" and shall have perpetual succession ana a common seal with power to acquire, hold and dis- pose of property and may by the said name sue and b~ sued.
5. The District Council shall consist of 28 mem- bers who shall be elected on the basis of adult suffrage from territorial constituencies all of which shall be single member constituency:
Provided that not less than three-fourths of the membership of territorial constituencies shall be reserved for Scheduled Tribes .
6. (1) The Constituencies for election to the dis- trict council for Autonomous District shall be territo- rial.
(2) The State Government shall, by order noti- fied in the official gazette, determine the territorial limits of constituencies into which the autonomous district shall be delimited for the purpose of election of members to the District Council and in such noti- fication shall specify the constituencies to be reserved for Scheduled Tribes.
7. The State Government may, from time to time, by order published in the Official Gazette, alter or amend any order made under section 6.
8. A person shall not be qualified to be chosen as a member of a District Council of an autonomous district unless he is an elector from any constituency within the autonomous district.
9. (1) A person shall be disqualified for being chosen as or for being a member of the District Coun- cil if he is for the time being disqualified or becomes disqualified for being chosen as a member of either House of Parliament or holds any office of profit under the Central or State Government or the District Coun- cil.
(2) For the purpose of this section a person shall not be deemed to hold an office of profit under the District Council by reason only of his being a member, Chairman or Vice-Chairman thereof.
10. (1) So much of the electoral roll of any Assembly constituency for the time being inforce as relates to the area comprised within the autonomous district shall, subject to the provisions of this Act and the rules made thereunder, be the electoral roll for the election of members of the District Council.
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ral Election District
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(2) So much of the electoral roll for any Assembly constituency for the time being inforce as relates to the area comprised within a constituency formed under section 6 of this Act shall, subject to •. the provisions of this Act and the rules made there- under, be electoral roll for the election of members of the District Council from that constituency,
(3) The State Government shall at the time and in the manner prescribed, cause to be published and republished the electoral roll in respect of a consti- tuency of the autonomous district.
(4) Save as otherwise provided in this Act, every person whose name is, for the time belng, entered in the electoral roll of a constituency shall be entitled to vote at the election of a member of the Dis- trict Council from that constituency,
11. Every person shall have the right to cast one vote and no more to anyone candidate at an election.
12. Election of members of the District Council shall be held in accordance with the rules made under section 18 by notification in the Official Gazette.
13. (1) General election of members of the District Council shall ordinarily take place before the expira- tion of the term of office of the members of the Coun- cil as specified in section 17 or in case of earlier dissolution soon after such dissolution, on such day or days as the State Government may fix.
(2) The first general election of members of the District Council shall be held under the provisions of this Act and Rules framed thereunder at such time as the State Government may decide.
(3) The State Government may issue such orders as it may consider necessary or expedient to give effect to the provisions of this Act in regard to the holding of the first general election referred to in sub-section (1) and in regard to any-matter incidental and ancillary thereto.
(4) Elections and appointments in respect of casual vacancies shall be held and made at such other times as may be prescribed in accordance with the provisions of this Act. ./
(5) (a) If, for any reason, the general election of the members of the District Council cannot be held within the period refer- red to in this section; or
(b) If a general election is set aside by a Court otherwise than under the provi- sions of this Act:
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r Validation. Publication of results of elections.
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then the State Government shall fix date for holding a general election or a fresh general election, as the case may be.
14. (1) Where the members elected at a general election are restrained from functioning if the elec- tion as a whole is set aside by order of a Court, any- thing done or any action taken by the said members before they are so restrained or before the election is so set aside, as the case may be, shall be deemed to have been validly done or taken.
(2) Where the members have continued in office after the expiry of the term referred to in sec- tion 17 on account of-
(a) a general election not having taken place within the time referred to in that section; or
(b) a general election having been set aside before the assumption of officeby the newly elected members; or
(c) the members elected at a general election not having been able to assume office for any reason,
then notwithstanding anything contained in this Act or in any judgement, decree or order of any Court-
(i) the members so continuing shall be deemed to be and to have been validly continuing in office; and
(ii) anything done or any action taken by such member shall be deemed to be and to have been validly done or taken.
(3) The members continuing in office under the provisions of sub-section (2) shall continue to hold office until the first meeting of the members, elected at a general election, at which a quorum is present.
15. The names of all persons elected to be mem- bers of the District Council shall be published by the State Government in the Official Gazette and upon such publication being made the Council shall be deemed to be duly constituted.
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16. If a person is chosen a member of the Parlia- ment or the State Legislature and District Council, then, at the expiration of 14 days from the date of publication in the Gazette of India or in the official Gazette of the declaration that he has been so chosen r- or if such publications have been made on different dates, then within 10 days from the later of such date, that person's seat in the District Council shall become vacant unless he has previously resigned his seat in the Parliament or the State Legislature as the case may be. •
17. The elected members of the District Council shall hold office for a term of 5 years from the date appointed for the first meeting of the Council after the election to the Council, unless the District Council is sooner dissolved under section 50 of this Act:
Provided that the said period of 5 years may, if the circumstances exist which, in the opinion of the State Government render the holding of election impracticable, be extended by the Government for a period not exceeding one year at a time:
Provided further that a member elected to fill a casual vacancy shall hold office only for the remainder of term of the member whom he replaces.
18. The State Government may make rules to regular all or any of the following matters for the purpose of the holding of the elections of members under this Act, namely :-
(a) the manner of the splitting up of electoral rolls for assembly constituencies into parts for the purpose of constituting one or more of such parts into electoral roll for a consti- tuency; and the officer or authority by whom such splitting up is to be carried out;
(b) the drawing up of the programme of election;
(c) the appointment of Returning Officers, Presid- ing and Polling Officers for election;
(d) the nomination of candidates and the scrutiny of such nomination;
(e) the deposits to be made by candidates and time and manner of making such deposits;
(f) the withdrawal of candidatures;
(g) the appointment of agents of candidates;
(h) for filling up of casual vacancy;
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•
•
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• Oath or affirmation by members. Chairman and Vice-Chairman. Vacation and resignation of, and removal from the office, of Chairman
and Vice
Chairman.
Salaries and allowances of the Chairman & Vice-Chairman. 8, e,
(i) the general procedure at the elections includ- ing the time, place and hours of poll and the method by which votes shall be cast:
(j) the fee to be paid on an election petition;
(k) any other matter relating to election or elec- tion disputes in respect of which the State Government deems it necessary to make rules under this section or in respect of which this Act makes no provision or makes insu- fficient provision and provision is, in the opinion of the State Government necessary .
19. Every member of the District Council shall, before taking his seat, make and subscribe before such person as may be appointed by the Government in this behalf, an oath or affirmation, according to the form prescribed for the purpose.
20. The District Council shall, as soon as may be, choose in the manner prescribed two members to be respectively the Chairman and Vice-Chairman thereof and, so often as the office of Chairman or Vice- Chairman becomes vacant the Council shall choose another member to be Chairman or Vice-Chairman as the case may be.
21. A member holding office as Chairman or Vice-Chairman of the Council-
(1) shall vacate his office if he ceases to be a member of the Council;
(2) may at any time by writing under his hand addressed, if such member is the Chairman to the Vice-Chairman and if such member is the Vice-Chairman to the Chairman resign his office; and
(3) may be removed from his office by a resolu- tion of the Council passed by not less than two-thirds of the members of the Council:
Provided that no such resolution for the purpose of sub-section (3) shall be moved unless fourteen days notice has been given of the intention to move the resolution. 22.. The Chairman and the Vice-Chairman shall be wholetime functionaries and shall be entitled to such salaries and allowances as may be fixed by the State Government.
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23. Subject to the provisions of section 22 every member shall be entitled to receive such allowances as may be fixed by the District Council in ccnaultation with the State Government.
24. (1) Subject to the provisions of this Act and Rules made thereunder the superintendence, direction and control of the preparation of the .electoral rolls for, and the conduct of election to the District Council shall vest in the Chief Electoral Officer appointed under the Representation of People. Act, 1050.
(2) Subject to the provisions of sub-eectiee (1). the Chief Electoral Officer may make such orders as may be necessary for the purposes mentioned in sub- section (1).
25. (1) No election to the District Council shall be called in question except by an election petition pre- sented in such manner as may be prescribed and before such authority as may be appointed by the State Government from time to time by notification in the Official Gazette:
Provided that no person below the rank of
"District Judge" within the meaning of Article 236 of the Constitution of India shall be appointed for the purpose.
(2) The members of the Executive Committee may be paid such salaries and allowances as may be determined by the District Council in consultation with the State Government.
(3) No election to the District Council can be called in question excepting on anyone or more of the following grounds, namely-
(a) that on the date of his eleetlen the returaed candidate was not qualified, er was dis-quall- fled, to be chosen to fill the seat in the Council ;
(b) that any corrupt practice as may be commi- tted by any returned candidate or election agent or by another person with the eensent of the returned candidate Of his electiea ft~eRt;
(e) that any nominatlon bill' be~. imJU's'pe'rly rejected; or .
(d) that the result of the election i. S~ far u it concerned the returned candidate has ~eh materially affected-
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(b) that but for the votes obtained by the returned candidate by corrupt practice the petitioner or such other candidate would have obtained the majority of the valid votes;
(i) by the improper acceptance of any nomi- nation, or
(ii) by any corrupt practice committed in the interest of the returned candidate by an agent other than his election agent, or
(iii) by the improper reception, refusal or rejection of any vote, or
(iv) the reception of any vote which is void, or
(v) by any non-compliance with the provisions of this Act or of any rules or orders made under this Act.
(4) At the conclusion of the trial of election petition the authority appointed under sub-section (1) shall make an ol'der-
(a) dismissing the election petition; or
(b) declaring the election to all or any of the returned candidates to be void; or
(c) declaring the election of all or any of the returned candidates to be void and the peti- tioner or any other candidate to have been duly elected.
(5) If any person who has lodged a petition has, in addition to calling in question the election of the returned candidate claims a declaration that he him- self or any other candidate has been duly elected and the authority appointed under sub-section(l) is of opinion-
(a) that in fact the petitioner or such other candidate receiving the valid vote; or the authority appointed under sub-section(l) shall after declaring the election of the' returned candidate to be void declare the petitioner. or such other candi- date, as may be, to have been duly elected,
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26. There shall be an Executive Committee of he District Council consisting of seven Executive mem- bers. The Chairman of the District Council by virtue of his office shall be the Chief Executive member at he head of the Executive Committee. The Chief Executive member of the Executive Committee shall from and amongst the members of the Distirct Council shall select six persons who shall be the Executive members of the Executive Committee. The Executive Committee shall exercise the functions hereinafter specified in sections 27, 28 and 29.
27. (1) The executive functions of the Di trict Council shall be vested in the Executive Committee.
(2) All orders or instruments made or exe- cuted by the Executive Committee shall be expressed to be made by or by order of the District Council. Every such order or instrument shall be signed by the Chief Executive member or any other member of the Executive Committee authorised in writing by the Chief Executive member in this behalf and such signature shall be deemed to be the proper authenti- cation of such order or instrument.
28. (1) The Executive Committee shall dispose of all matters falling within its purview, except certain matters hereinafter specified, which shall be referred o the District Council for final approval.
(2) The matter excepted under sub-section (1) are-
,
(a) cases involving any important change in the administrative system of the District or any important departure from accepted policy or practices;
(b) proposals for making regulations, rules or bye-laws as authorised under the provi- sions of this Act;
(c) cases which seriously affect, or are likely to affect seriously, the peace or good Government or the Autonomous District or likely to affect relations with any such area;
(d) cases affecting the relations of Government with the District Council;
(e) all correspondence of importance with the Government;
(f) all important appointments.
Members of the Executive
Committee.
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•
•
•• Chief Executive Oftleel.
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29. (1) Each member of the Executive COl1l!fui'lee shall be entrusted with specific subjects, the allocation of the subjects being made by the Chief Executive member. The Executive Committee shall be collec- tively responsible for all executive orders issued in the .name of the District Council in accordance with the provisions of this Act, whether such orders are autho- rised by an individual member of the Executive Committee on a matter relating to his subject or as a result of discussion at a meeting of the Executive Committee, or howsoever otherwise.
(2) One of the members of the Executive Committee will be in charge of the District Fund, who shall be referred to as the member in charge or the financial affairs of the District Council. The functions of the member-in-charge of the financial affairs of the District Council shall be as follows:-
(a) he shall generally advise on all matters touching receipts and expenditure of the District Council;
(b) he shall be responsible for all matters relating to financial procedure and the application of the principles of sound finance; ,
(c) he shall prepare the Budget of the District Council and deal with all matters relating to Budget procedure and the forms and contents of the financial statement;
(d) he shall be responsible for the "Ways and Means" position of the District Fund.
30. (1) There shall be a Chief Executive Officer in the District Council.
(2) A Chief Executive Officer referred to in sub-section (1) shall be appointed by the State Govern- ment and shall be paid out of the District Fund such salaries and allowances as may from time to time be fixed by the State Government.
. (3) The Chief Executive Officer shall be the principal Executive Officer of the Di~trict Council and all other officers and servants of the District Council shall be subordinate to him. He shall have the same right of being present at a meeting of the members of the District Council or of Executive Committee of the District Council or of any Committee established by the District Council, and of taking part in the discussions thereat as if he were a member of the District
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Council or a member of Executive Committee or a ember of any Committee and with the consent of e Chairman or the President of the meeting, as the c se may be, he may at any time make a statement or xplanation of facts, but he shall not, be entitled to vote or make any proposition at such meeting.
(4) The Chief Executive Officer shall act in respect of all other matters under the direction of the Chairman through whom he shall be responsible to the members of the District Council.
(5) Except as in provided in the rules framed by the State Government the Chief Executive Officer shall not be removed from office by the members of the District Council except on resolution carried at a special meeting called for the purpose and supported by the votes of the majority of the total number of the members holding office for the time being.
(6) The State Government may at any time suspend, remove, dismiss or otherwise punish the Chief Executive Officer appointed under this section.
CHAPTER III
POWERS AND FUNCTIONS OF THE DISTRICT
COUNCIL.
31. Subject to the provisions of the Constitution of India or any laws made in that behalf the following matters within the area of the autonomous district shall be under the exclusive control and administra- tion of the District Council, namely:-
(a) the allotment, occupation or use or the set- apart of land, other than any land which is a reserved forest, or used for the purpose of agriculture or grazing, or for residential or other non-agricultural purposes, or for any other purpose likely to promote the interest of the inhabitants. of any village, locality or town;
(b) the management of any forest not being a reserved forest:
Explanation.e+The expression 'reserved forest' shall mean reserved forest within the meaning of the Indian Forest Act, 1927;
(c) the use of any canal or water course for the purpose of agriculture;
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• Power to make bye-Jaws. .
• t>owers of the District Coun- oil to establish primary schools. etc.
Functions with which the Dis- trict Council may be entrus- ted by the Govt.
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(d) the regulation of the practice of Jhum or other forms of shifting cultivation;
(e) the village or town committees or council;
(f) any other matter relating to village or town administration including village or town police and public health and sanitation.
32. (1) This District Council shall have power, sub- ject to the provisions of the Constitution of India or any laws made in that behalf, 'to frame bye-laws to be applicable in the territorial district with respect to-
(a) inheritance to property of persons belonging to Scheduled Tribes;
(b) marriage and divorce where any of the parties to the marriage belongs to Scheduled Tribes;
(c) social customs of people belonging to Sche- duled Tribes; and
(d) all or any of the matters enumerated in section 31.
(2) All bye-laws made under this section shall come into effect upon their publication in the Official Gaz-ette.
33. The District Council for the autonomous district may establish, construct or manage primary schools, dispensaries, markets, cattle pounds, ferries, fisheries, Toads, road transport (other than nationalised routes) and waterways in the district and may with the previous approval of the Government make regulations for the regulation and control thereof and, in particular, may prescribe the language and th~ manner in which primary education shall be imparted in the primary schools in the district.
34. The Government may, with the consent of any District Council, entrust either conditionally or unconditionally to that Council or to its officers, func- tions in relation to agriculture, animal husbandry, community projects, co-operative societies, social welfare, village planning, fisheries and plantation or any other matter to which the executive power of the State extends.
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35. (1) The District Council may make regulations tor the regulation and control of money-lending or
•ading within the District.
(2) In particular and without prejudice to the generality of the foregoing power, such regulations ay-
(a) prescribe that no one except the holder of a licence issued in that behalf shall carry on the business of money-lending;
(b) prescribe the maximum rate of interest whxh may be charged or be recovered by a money- lender; "
(c) provide for the maintenance of accounts by money-lenders and for inspection of such accounts by officers appointed in that behalf by the District Council;
(d) prescribe that. no person who is not a member of Scheduled Tribe resident in the district shall carry on wholesale or retail business in any commodity except under a licence issued in that behalf by the District Council:
Provided tha no regulations may be made under this section unless they are passed by a majority of the total membership of the District Council:
Provided further that it shall not be competent under any such regulation to refuse the grant of a licence to a money-lender or a trader who has been carrying on business within the district since before the time of the making of such regulations.
(3) All regulations made as aforesaid shall come into effect upon their publication in the official Gazette.
36. (1) Notwithstanding anything contained in any other law for the time being in force, the District Council shall have power to levy and collect within the Autonomous District all or any of the taxes payable under any of the Acts mentioned in the Second Sche- dule appended to this Act.
(2) The District Council shall have power to levy and collect within the autonomous district all or any of the following fees. that is te say-
(a) fees for the maintenance and development of schools, dispensaries or roads;
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•
•
•
• Consti tution of village councils by the Govern- ment in autono- mous district for trials of suits cases and
otrencet.
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(b) fees on the entry of goods into a market for sale therein and tolls on passengers and goods carried in ferries for maintenance and develop- ment thereof;
(c) fees on vehicles (other than those mechanical- ly propelled) and boats for regulating and managing traffic;
(d) fees on animals at rates and in the manner as may be prescribed .
CHAPTER IV
ADMINISTRATION OF JUSTICE
37. (1) Subject to the provisions contained in the Constitution of India. the Government may constitute village councils within the autonomous district to the exclusion of any court within such area, and may appoint, in consultation with the Chairman and failing him the Vice-Chairman of the District Council, suitable persons to be members or presiding officers of such village councils and mayalso appoint such officers as may be necessary for the administration of the bye-laws and regulations made by the District Council under the provisions of this Act.
(2) The village councils shall have power to try civil suits of the following description if their values do not exceed one thousand rupees-
(a) civil suits for money due on contract;
(b) civil suits for recovery of property or for the value thereof;
(c) civil suits for compensation for wrongfully taking or injuring any property;
(d) civil suits for damages caused by cattle trespass.
(3) The village council shall have power te try cases or offences of the following description and to impose fine not exceeding three hundred rupees that is to say-
(a) cases arising out of any bye-laws regulations or rules in force in the autonomous district ;
(b) cases arising out of any bye-laws, regulations offence or abetment thereof which are not punishable with death, imprisonment for life or imprisonment for a term not exceeding six
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months and offences under sections 379 and 380 of the Indian Penal Code where the value of the stolen property does not exceed five hundred rupees.
38. An appeal shall lie to the District Judge against final decision rendered under sub-section (2) of section 37 and to the Sessions Judge against final decision rendered under sub-section (3) of section 37.
39. If any fine or portion thereof remains unpaid, the same shall be deemed to be dues to the Govern- ment and can be realised as arrears of land revenue under the provisions of the Tripura Land Re;enue and Land Reforms Act, 1960.
40. The Government may make rules regulat- ing-
(a) compositions of village councils and the number of village councils that may be set up defining their territorial limits within the autonomous district;
(b) the procedure regarding cognizance by village councils;
(c) the procedure to be followed by the village councils in the trial of suits, cases or offences;
(d) all other ancillary matters for carrying out the provisions of sections 37 and 38.
CHAPTER V
FINANCE OF DISTRICT COUNCIL AND VESTING
OF PROPERTY.
r Cl Council 4l. (1) There shall be constituted for the autono- d mous district, a District Fund to which shall be credited all moneys received by the District Council for the autonomous district in course of administration of such district.
(2) The Government may make rules for the management of the District Fund and for the proce- dure to be followed in respect of payment of money into the said Fund, withdrawal of moneys there from, the custody of moneys therein and any other matter connected with and ancillary to the matters aforesaid.
(3) The accounts of the District Council shall be kept in such form as may be prescribed by the Government in consultation with the Accountant General.
Licences or eases "'or the purpose of pros- pecting, for or extraction of minerals.
Property
vested in the District
Council.
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(4) The State Government shall cause the accounts of the District Council to be audited by the Accountant General in such manner as he may think fit and the report of the Accountant General shall be submitted to the Government, after such report has been placed before the District Council and discussed, and the Government shall, in turn, lay such report before the State Legislature. -
42. (1) Such share of the royalties accruing each year from forest, licence or lease for the purposes of prospecting for, or the extraction of minerals granted by the Government in respect of any area within the autonomous district as may be agreed upon between the Government and the District Council of such dis- trict shall be made over to that District Council.
(2) If any dispute arises as to the share of such royalties to be made over to the District Council, it shall be referred to an arbitrator appointed by the Government for determination and the amount deter- mined by the arbitrator shall be deemed to be the amount payable under sub-section (1) to the District Council and the decision of the arbitrator shall be final:
Provided that no person below the rank of a District Judge within the meaning of Article 236 of the Constitution of India shall be appointed as arbitrator.
(3) All regulations made under this section shall come into force on publication in the Official Gazette.
43. Subject to such restrictions or conditions as the State Government may think fit and proper, all properties of the nature specified below and situated in the autonomous district shall vest in and belong to the District Council with all other properties which may become vested in the Council and shall be under the direction, management and control of the District Council and shall be held and applied for the purpose of this Act-
(a) all public buildings, constructed and maintain- ed out of the fund of the District Council;
(b) all public roads which have been constructed or maintained out of the fund of the District Council and the stones and other materials thereof and also trees, erections, materials,
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Estimated receipts and expenditure pertaining to autonomous District. Conduct of business. Committees. Officer and staff.
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implements and things provided for such roads;
(c) all land or other properties movable or im- movable, transferred to the District Council by the Government.
44. Estimated receipts and expenditure pertaining to _an autonomous district ending on the 31st March of every year shall be first placed before the District Council for discussion and then after such dis- cussion shall be transmitted to the Government by the 31st January of the year immediately preceding. ("
CHAPTER-VI
PROCEPURE AA'D STAFF OF DISTRICT
COUNCIL.
45. The District Council shall meet for the con- duct of business at least once in every six months and shall conduct its business in such manner and in accordance with such procedure as may be prescribed by the Government by rules framed under this Act.
46. A District Council may, from time to time, appoint out of its own body such and so many commi- ttees for the efficient discharge of its duties as may be necessary.
47. The District Council may appoint such offi- cers and staff as may be necessary for the administra- tion of the bye-laws or rules or regulations made by it and also for proper and efficient execution of its duties and make rules regulating their conditions of service :
Provided that the terms and conditions of ervice of a Government servant transferred to the District Council shall not be varied to his disadvantage with- out the previous approval of the State Government :
Provided further that where any disciplinary or other action is required to be taken against any such government servant, the District Council shall make a reference to the State Government who shall take further action in accordance with the service rule applicable in each case.
20
Appointment of Commission to inquire into and report on the admini- stration of autonomous
District.
•
• Annulment or suspension of lOts and reso- lution of
District
Council.
Dissolution of the District Council.
20
CHAPTER-VII
MISCELLANEOUS
48. (1) The Government may, at any time, appoint a Commission to examine and report on any matter
• specified by it relating to the administration of the autonomous district including matters specified in sections 31, 32, 33, 35 and 36 of this Act and in particular on-
(a) the provision of educational and medical facilities and communication in autonomous district;
(b) the need for any new or special legislation in respect of the autonomous district;
(c) the administration of the bye-laws, rules and regulations made by the District Council ; and define the procedure to be followed by such Commission.
(2) The report of every such Commission with recommendation of the Government with respect thereto shall be laid before the legislature of the State by the Government together with an explanatory Memorandum regarding the action proposed to be taken by the Government thereon.
49. If at any time the Government is satisfied that a bye-law or resolution or regulation or rule of the District Council is likely to endanger the safety or security of the State or is likely to be prejudicial to public order, the State Government may annul or suspend such bye-law, resolution or regulation, as the case may be, and take such steps as it may consider necessary to prevent the Commission or continuance of such bye-law or the giving efTect of such resolution or regulation.
50. The Government may, at any time, on the recommendation of the Commission appointed under section 48 by notification published in the Official Gazette order the dissolution of the District Council and- .
(a) direct that a fresh general election shall be held immediately for the reconstitution of the Council. or
(b) place the administration of the autonomous district under the Commission appointed under section 48 or any other body considered suitable, for a period not exceeding 12 months.
21
,
I
Application of Acts of the Legislature of the State. Power of the State Govt. to make rules. Penalty and cognizance of offence.
Interpretation.
21
51. If any provision of a bye-law or any regulation made by the District Council is repugnant to any pro- vision of a law made by the Legislature of the State"
of Tripura with respect to that matter, then, the law or regulation made by the District Council, whether"
made before or after the law made by the Legislature of the State of Tripura, shall, to the extent of the repugnancy, be void and the law made by the Legis- lature of the State of Tripura shall prevail.
52. (1) The Government may make rules providing for any matters which under any of the provisions of this Act is to be or may be prescribed or which may be considered necessary or expedient in order to give effect to the purposes of this Act.
(2) Every rule made by the Government under this section shall be laid as soon as may be after it is made before the Legislative Assembly of Tripura while it is in session for a total period of fourteen days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the House agrees in making any modification in the rule or the House agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be ; so, however, that any modification or annulment shall be without preju- dice to the validity of anything done under that rule.
53. (1) Any person who contravenes any provi- sions of the Act or any rule, bye-law or regulation made under this Act shall be guilty of an offence against this Act and shall on conviction be punishable with the imprisonment for a term not exceeding 6 months or a fine not exceeding Rs. 2,500/- or with both.
(2) No court shall take cognizance of any offence against this Act except upon a complaint in writing made by the Chairman or the Vice-Cheirman of the Council or such other person as the Chairman or the Vice-Chairman may authorise in this behalf.
54. If any question arises as to the interpretation of any of the provisions of this Act or Rules framed thereunder the same shall be referred to the Government whose decision thereon shall be final.
22
Removal of difficultie .
55
the pro the Governmer; sistent V;~' of the Co
or expedie .. remov.ng
(2) E
be laid before all
56. Noth' tion of any la ment, unless spe Explanation- enactment, ordin scheme, notificatio :orce of 'Law' in • a-
y
e.
e
23
SCHEDULE-I [ Sections 2(h) a 3(1) ]
I. In tpe District 0 North Trip.rra=- A. Within Dharmanagar Sub-Division:
(a) Name of Teh ils
1. Anandabazar
2. Dasda
3. Kanchanpur
4. Ujan Machmara
5. Machmara
6. Pecharthal
7. Vangmun
8. Khedachhara
(b) ame of villages
1. Juri R.F.
2. Bansul
3. Piplachara
4. Rahumchhara
5. Damchhara
6. Narendranagar
7. Kacharichhara
8. Damchara RF
9. Balidhum B. Within Kailashahar Sub-Division:
(a) Name of Tehsils
1. Manu
2. Chailengta
3. Chamanu
4. Manikpur
5. Gobindabari
(b) Name of villages
1. Kanchanchhara
2. alkata
3. Paschim Karamchhara
4. Purba Karamchhara
5. Purba Masli
6. Ultachhara
7. Paschim Masli
8. Deo R. F.
9. Dengdung
10. Saidachhara
23
,
1l.
12.
13.
14.
15.
16.
17.
18.
19.
20.
Natingchhara Daksbin Unakuti R. F. Rajkandi
Golakpur
Samruhala R. F. Debastal
Dhatuchhara
Deorachhara
Uttar Unakuti R. F. Hirachhara.
24
24
C. Within Karnalpur Sub-Division:
Ca) Name of Tehsils
1.
Ganganagar Cb) Name of villages
1. Kathalbari 13.
Jagannathpur
2. Auliraipara 14. Kulai R. F.
3. Sikaribari 15 Paschim alichhara (' 4. Harimangalpara 16. Katalutma
5. Gurudhanpara 17.
Mendi
,. 6.
Simbuchhak 18. Chhatrai
7.
Kachuchhara19.LongthoraiR.F.
8. Latichhara
20. Jamthungbari
9.
Balaram 21.
Aparaskar
10. Lalachhari 22.
Panbua
11.
Bagmara 23. Srirampur
12. Raipasa
24. Kamalachhara
2. In the District of West Tripura A. Within Khowai Sub-Division:
(a) ame of Tehsils
1.
Asharambari
2. Champahour
(b) Name of villages
1. Paschim Bachaibari
17. Uttar Gakulnagar
2. Dakshin Ramchandraghat 18. Dakshin Gakulnagar
3. Gayamanibari
19. unachhara R. F.
4. Akharabari
20. Atharamura R. F.
5. Tuihachingbari
21.
Dakshin Maharani
6. Paglabari
22. Sriramkhara
7. Ramdayalbari 23.Ramkrishnapur
8. Paschim Rajnagar
24. Dakshin Pulinpur
9.
Paschim Kalyanpur 25. Sardukarkari
10. Uttar Ghilatali 26. Uttar Pulinpur
11.
Tuichingrambari
27. Purba Belchhara
12. Uttar Pramodenagar 28. Dakshin Padmabil
13. Badlabari
29. Uttar Padmabil
14. Mainakbari 30. Ratanpur
15. Janakabrabari
31.
Paschim Belchhara
16. Karaibari 32. Bagabil
33. Khengrabari.
25
(B) Within Sadar Sub-Division.
(a) Narpe of Tehsils
1. Paschim Simna
2. Chandpur
3. Budhjangnagar
4. Rangmala
5. Amtali
6. Amarendranagar
7. Pathaliaghat
8. Pekuarjala
9. Paschim Takarjala
10. Purba Takarjala
11. Sankumabari
12. Laxmipur
13. Patnipara
14. Mandainagar
15. Champaknagar
16. Belbari
17. Shibnagar
(b) Name of villages
1. Purba Simna
2. Uttar Dasgharia
3. Sankhala
4. Baluaban
5. Dakshin Dasgharia
6. Subalsingh
7. Baikunthapur
8. Kamukchhara
9. Surendranagar
10. Uttar Debendrachandranagar
11. Sutarmura
12. Latiachhara
13. Prabhapur
14. Radhamohanpur
15. Paschim Barj ulai
16. Jirania
17. Radhapur
(C) Within Sonamura Sub-Division
(a) Name of villages.
1. Chandul
2. Uttar Taibandul
3. Dakshin Taibandul
4. Khedarbari 5, Gamaichhara
6. Jagatrampur 7, Birendranagar 8, Manaipather
9. Bijoynagar
10. Dhanirampur
26
3. In the District of South Tripura.
(A) Within Udaipur Sub-Division
(a) Name of Tehsils f'
1. Killa
(b) Name of villages
1. Gatji R. F.
8. Dakshin Baramura Deotamura
2. Baisabari R.F.
3. Tuiharchun 9. Dakshin Maharani
4. Chapiapara
10. Dhuptali So Purba Mogpuskarani 11. Samukchhara
6. Purba Brajendranagar 12.
Khupilong
7. Raiabari 13. Kachigang R. F.
14. Gandhari
15. Bagma
(B) Within Amarpur Sub-Division
(a) Name of Tehsils l. Ampioagar 5. Chelagang
2. Taidubari6.Gandachhara
3.
Malbasa 7. Raima Valley
4.
Nutanbazar
8.
Sonachhara
(b) Name of villages l. Rajkaog 4.
Purba Sarbong
2.
Baramura DeotamuraR.F.5. Paschim Kalajhari R. F.
3.
Paschim Sarbong6.Karnlaipara
(C) Within Belonia Sub-Division
(a) Name of Tehsils
1. Birchandranagar
2.
Kalashi Cb) Name of villages
1. Tekka R. F. 10. KaJaJaogaog
2.
Dakshin Hichachhara11.Purba PiIak
3.
Abhangchhara 12. Birendranagar
4. Kashari R. F. 13. Tai rumchhara
5.
Rajapur14.
Ratanpur
6. Paschim Patichhari 15. Shibpur
7. Purba Katbalia 16. Tekka Tulsi R. F.
8.
Baikhora17.Manirarnpur
9. Laxmichhara
18. Tuigamari
27
(D) Within Sabroom Sub-Division
(a) Name of Tehsils
1. Manubankul
2. Baisbnabpur
3. Silachari
(b) Name of villages.
1. Chatakchhari
2. Sindukpathar
3. Fulchari
4. Betaga R.F.
5. Taikumbachhara
6. Sakbari
7. Gardhang
8. Dakshin Tuisama
9. Gaganchandrapara '
10. Tekka Tulsi R. F.
11. Harbatali
12. Chalitachari
"- ._-
28
SCHEDULE-2. [Section 36 (1) ]
• 1. The Tripura Professions, Trades, Callings and Employment Taxations Act, 1976.
2. The Tripura Land Revenue and Land Reforms Act, 1960. /
3. The Bengal Agricultural Income Tax Act, 1944 as extended to the State of Tripura .
•
•
• D. Chakraborty Secretary to the Government of Tripura.
,
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Printed at the Tripura Government Press. Agartala.
29
Printed by The Superintendent, Tripura Government Press, Agartala.
TGPA-l 0-8·79-700.
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