constituent assembly of india debates (proceedings)- volume vii
constituent assembly of india debates (proceedings)- volume vii
constituent assembly of india debates (proceedings)- volume vii
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Provided that land required by the government <strong>of</strong> Assam for public purposes shall be allotted free <strong>of</strong><br />
cost if vacant, or if occupied, on payment <strong>of</strong> due compensation in accordance with the law relating to the<br />
acquisition <strong>of</strong> land; (b) the management <strong>of</strong> any forest which is not a reserve forest; (c) the use <strong>of</strong> canal<br />
or water courses for the purposes <strong>of</strong> agriculture; (d) controlling, prohibiting or permitting the practice <strong>of</strong><br />
jhum or other forms <strong>of</strong> shifting cultivation; (e) the establishment <strong>of</strong> village or town committees and<br />
councils and their powers; (f) all other matters relating to village or town management, sanitation, watch<br />
and ward.<br />
(2) The Regional Council or if there is no Regional Council, the District Council shall also have powers<br />
to make laws regulating (a) the appointment or succession <strong>of</strong> chiefs or headmen; (b) inheritance <strong>of</strong><br />
property; (c) marriage and all other social customs.<br />
D. (1) Save as provided in Section F the Regional Council, or if there is no Regional Council, the<br />
District Council, or a court constituted by it in this behalf shall have all the powers <strong>of</strong> a final court <strong>of</strong><br />
appeal in respect <strong>of</strong> cases or suits between parties, all <strong>of</strong> whom belong to hill tribes, in its jurisdiction.<br />
(2) The Regional Council, or if there is no Regional Council the District Council may set up village<br />
Councils or Courts for the hearing and disposal <strong>of</strong> disputes or cases other than cases triable under the<br />
provisions <strong>of</strong> Section F, or cases arising out <strong>of</strong> laws passed by it in the exercise <strong>of</strong> its powers, and may<br />
also appoint such <strong>of</strong>ficials as may be necessary for the administration <strong>of</strong> its laws.<br />
E. The District Council <strong>of</strong> an autonomous district shall have the powers to establish or manage<br />
primary schools, dispensaries, markets, cattle pounds, ferries, fisheries, roads and waterways and in<br />
particular may prescribe the language and manner in which primary education shall be imparted.<br />
F. (1) For the trial <strong>of</strong> acts which constitute <strong>of</strong>fences punishable with imprisonment for five years or<br />
more or with death, or transportation for life under the Indian Penal Code or other law applicable to the<br />
district or <strong>of</strong> suits arising out <strong>of</strong> special laws or in which one or more <strong>of</strong> the parties are non-tribals, the<br />
Government <strong>of</strong> Assam may confer such powers under the Criminal Procedure Code or Civil Procedure<br />
Code as the case may be on the Regional Council the District Council or Courts constituted by them or an<br />
<strong>of</strong>ficer appointed by the Government <strong>of</strong> Assam as it deems appropriate and such courts shall try the<br />
<strong>of</strong>fences or suits in accordance with the Code <strong>of</strong> Criminal Procedure or Civil Procedure as the case may<br />
be.<br />
(2) The Government <strong>of</strong> Assam may withdraw or modify powers conferred on the Regional Council or<br />
District Council or any court or <strong>of</strong>ficer under this section.<br />
(3) Save as provided in this section the Criminal Procedure Code and the Civil Procedure Code shall<br />
not apply to the autonomous district.<br />
Note. - "Special Laws" - Laws <strong>of</strong> the type <strong>of</strong> the law <strong>of</strong> contract, company law or insurance etc. are<br />
contemplated.<br />
G. (1) There shall be constituted a District or Regional Fund into which shall be credited all moneys<br />
received by the District Council or Regional Council as the case may be in the course <strong>of</strong> its administration<br />
or in the discharge <strong>of</strong> its responsibilities.<br />
(2) Rules approved by the Comptroller <strong>of</strong> Assam shall be made for the management <strong>of</strong> the Fund by<br />
the District or Regional Council and management <strong>of</strong> the Fund shall be subject to these rules.<br />
H. (1) A Regional council, or if there is no Regional Council the District Council shall have the