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State of Assam - Section

Section 61 in Mising Autonomous Council Act, 1995

61. General Council fund and Village Council fund.

(1)There shall be two funds to be called respectively the General Council Fund, meant for the General Council and the Village Council Fund meant for the Village Councils.
(2)Each fund as aforesaid shall be under separate sub-heads within the state budget to be held for the purpose of this act and all moneys realised or realisable under this Act and all moneys otherwise received by the General Council or the Village Council, as the case may be shall be credited to its respective fund.
(3)The Government shall provide funds to the General Council Fund and the Village Council Fund from the Tribal Sub-plan and other resources in accordance with the appropriate formulas to be worked out keeping in mind the resources of the Government, priorities or development works in other areas including other tribal areas along with other relevant deciding factors.
(4)The following shall be deposited to the Village Council fund.a. Contributions and grants received from the Government.b. Contributions and grants from the General Council.c. All receipts on account of donation, rates, fees, taxes etc.d. All other sums received by or on behalf of the Village Council.e. Land revenue and local rates, if any, on land including Tea Garden, which falls in the Village Council area.
(5)The allocation made under these sub-heads shall be in keeping with the guidelines laid down by the Government of India from time to time in the spirit of the Constitution of India.
(6)The Government shall not divert the fund allocated under these sub-heads except in exigencies, when there is unavoidable budget deficit.
(7)All funds, as may be allocated by the Central Government or the State Government for the General Council or the Village Council, as the case may be shall be assigned to it and shall be credited to the General Council Fund or the Village Council Fund, as the case may be.
(8)The General Council or the Village Council, as the case may be, subject to the provisions of loans by any law relating to the raising of local authorities, raise with the approval of the Government loans for the purposes of this Act and create a sinking fund for the repayment of such loan.
(9)The money credited to the General Council Fund or the Village Council fund shall be applied for the payment of all sums, charges and costs necessary for carrying out the purposes of this Act.
(10)No payment shall be made out of the General Council fund or the Village Council fund unless such expenditure is covered by a current budget grant Provided that the General Council or the Village Council as the case may be may make payments in terms of refund of deposits by contractors or for urgent works undertaken in an emergency or when required by the Government in the interest of the public or under the decree or order of a civil or criminal court against the General Council or the village council, as the case may be, and for such other cases as may be prescribed.Provided further that such expenditure shall be reported to the General Council or the Village Council as the case may be, for taking such action under the provisions of this Act as may appear to it to be feasible for covering the amount of such payments.
(11)Surplus moneys standing at the credit of the General Council or the village council, as the case may be, at the end of the financial year, shall be invested in accordance with such bye-laws as may be made by the General Council in this behalf.Provided that no funds standing at the credit of the General Council or the village council, as the case may be, shall be lapsed but shall be carried over to the budget of the next financial year.
(12)The General Council shall make bye-laws for the management of the General Council Fund and the Village Council fund and for the procedure to be followed in respect of payment of money into the said funds, withdrawal of moneys therefore, the custody of the moneys therein and any other matter incidental thereto or connected therewith.
(13)The accounts of the General Council and the Village Council shall be kept in such form and manner as may be prescribed in consultation with the Accountant General, Assam.