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State of Jharkhand - Act

The Jharkhand Area Autonomous Council Act, 1994

JHARKHAND
India

The Jharkhand Area Autonomous Council Act, 1994

Act 13 of 1994

Published on 8 March 1995
Commenced on 8 March 1995
[This is the version of this document from 8 March 1995.]
[Note: The original publication document is not available and this content could not be verified.]

The Jharkhand Area Autonomous Council Act, 1994Bihar Act 13 of 1994Assented to by the Governor on 24.12.1994 and Published in Bihar Gazette (Extraordinary) dated 8.3.1995.An Act to establish an Autonomous Council for all round accelerated development of the Jharkhand Area.Be it enacted by the Legislature of the State of Bihar in the forty fifth year of the Republic of India as follows:-

Chapter I

1. Short title, extent and commencement.

(1)This Act may be called the Jharkhand Area Autonomous Council Act, 1994.

(2)It shall extend to the districts of entire Santhal Pargana and Chotanagpur area which are mentioned in Schedule 1.

(3)It shall come into force on such date as the State Government may by the notification in the Official Gazette appoint.

2. Definitions.

- In this Act, unless there is anything repugnant in the subject or context:-

(a)"Governor" means the Governor of the State of Bihar;

(b)"The State Government" means the Government of Bihar;

(c)"Area" means the area specified in sub-section (2) of Section 1;

(d)"Council" means the Jharkhand Area Autonomous Council;

(e)"Member" means the members of the Jharkhand Area Autonomous Council;

(f)"The Executive Council" means the Executive Council constituted under section 20 of the Act;

(g)"Gazette" means the Bihar Gazette published by Government of Bihar;

(h)"Act" means the Jharkhand Area Autonomous Council Act, 1994;

(i)"Rules" means the rule made by the State Government under this Act;

(j)"Regulation" means the regulation made by the Council under this Act;

(k)"Bye-law" means the Bye-law made by the Council under this Act;

(l)"Prescribed" means prescribed by this Act and the rules made thereunder;

(m)"State Election Commission" means the State Election Commission constituted under section 136 of the Bihar Panchayat Raj Act, 1993 (Bihar Act 19 of 1993);

(n)"Village" means the region which is recorded, defined and surveyed as particular and separate village in the revenue record of the district;

(o)"Backward Class" means all the classes which are specified in Schedule 1 of the Bihar Panchayat Raj Act, 1993 (Bihar Act, 19 of 1993).

Chapter II
Establishment, Constitution and Dissolution of Council and Executive Council.

3. The Constitution of Council.

(1)The State Government shall establish an Autonomous Council for the area of the Council which shall consist of not more than 162 directly elected members and not more than 18 nominated members.

(2)The Council shall be a body corporate which shall have a perpetual succession and a common seal and right to acquire, hold and dispose off movable and immovable property within and without the limits of the Council Area and it may sue and be sued by the aforesaid name.

4. The delimitation of the Constituencies of the Council.

(1)As far as possible, each legislative assembly constituency shall be divided by the State Election Commission in two Council constituencies in such a way as the population of both the Council constituencies of that assembly constituency may be equal;Provided that in such delimitation, village shall not be divided.

(2)The seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in the Council.

(3)The Assembly constituency of the Council area, which are reserved for the Scheduled Castes or the Scheduled Tribes, shall on being divided under subsection (1), in two Council constituencies for those castes as the case may be.

5. Qualifications for the membership.

- A person shall not be qualified to be choosen to fill up a seat in the Council unless-

(a)he is a citizen of India;

(b)he is atleast 25 years of age;

(c)his name is in the voters list of the area; and

(d)in case of a seat reserved for the Scheduled Castes or the Scheduled Tribes, he is a member of the Scheduled Castes or the Scheduled Tribes, as the case may be.

6. Disqualifications for the membership.

(1)A person shall be disqualified for being choosen and for being a member of the Council if-

(a)he holds any office of profit under the Government of India, any State Government, local body and corporation, Board or Authority, Cooperative Society a company established under the Company Act, 1956 (Central Act 1 of 1956) in which more than 25 per cent has been contributed in the share capital by any Government or Governments, other than an office declared by the Legislature of the State by law not to disqualify its holder; or

(b)he is of unsound mind and stands so declared by a competent court; or

(c)he is unredempted insolvent; or

(d)he is redempted insolvent but has not obtained the certificate in this respect from the court that this insolvency was due to misfortune and he has not committed any misconduct; or

(e)he has been sentenced to imprisonment for at least six months by a court for moral turpitude or has been sentenced under the Representation of People's Act, 1951 (Central Act 48 of 1951) and the period of at least five years has not lapsed after such punishment, or

(2)If he is or has been elected as a member of Parliament or a member of Legislature or the Chairman of the District Board or the Pramukh of the Panchayat Samiti or the Mayor of Municipal Corporation or the Chairman of the Municipality and is elected as a member of Council and has not submitted resignation from the membership of the Parliament or Legislature or from the post held in the District Board or Panchayat Samiti or Corporation or Municipality within 21 days, he shall cease to be the member of the Council.

7. Voters List for the election of the Council.

- The Election of the members of the Council shall be held on the basis of the same voters list which, on the last date of the nomination for the election of members of the council, is valid for the election for the members of the Legislative Assembly.

8. The election for the Council.

(1)The election for the members of the Council shall be conducted by the State Election Commission.

(2)[The State Government after consultation with the Election Commission, shall prescribe rules for the conduct of election.] [ Substituted by Act 5 of 1997.]

9. The vacancy of Seats in the Council.

(1)If any member of the Council:-

(a)suffers disqualification mentioned in Section 6; or

(b)is dead; or

(c)resigns his seat in writing under his hand addressed to the Chairman and his resignation is accepted by the Chairman then his seat shall become vacant:

Provided that in the case of resignation under clause (c), if the Chairman, on information received or otherwise or after such enquiry, as he may think fit, is satisfied that such resignation is not voluntary or genuine, he shall not accept such resignation.

(2)If a member of the Council absents continuously for 45 days from the meeting of Council without the permission of Council, the Council may declare his seat to be vacant.

(3)If a question arises whether any member of the Council suffers from any disqualification mentioned under Section 6 or not, the questions shall be referred by the Council to the State Election Commission for decision and its decision shall be final.

(4)If a person, without making compliance of the requirements of Section 14 or knowing it that he is not qualified for its membership or has been disqualified sits in the Council as a member or casts his vote he shall be liable for a penalty of Rupees one thousand for each day while he sits in such a way or casts his vote.

10. Filling up the casual vacancy.

- In case of vacancy caused due to the death or removal or otherwise of the Chairman or the Vice-Chairman or a member of the Council, such vacancy shall be filled up as soon as possible.

11. Duration of the Council.

- The Council, if not dissolved earlier under Section 12, shall continue for five years from the date appointed for its first meeting, and no longer and on the expiration of the said period the Council shall stand dissolved.

12. Dissolution of the Council.

(1)The Governor, after providing a reasonable opportunity of being heard, may in his discretion, dissolve the Council if he is satisfied that the Council is unable to perform its functions or functioning in such a manner that it may not be able to achieve its objectives.

(2)On dissolution of the Council, under sub-section (1) the new Council shall be constituted within six months from such dissolution:Provided that the said period may be extended for six months by the Governor if circumstances exist from which he is satisfied that it is impracticable to hold election within the said period.

(3)In case of dissolution the Government shall appoint an officer not below the rank of Additional Secretary to the Government of India to exercise all the powers and to perform all the duties of the council.

13. Nomination of the members to the Council.

(1)The members shall be nominated to the Council in the following manner:-

(a)Maximum 8 members of the Legislative Assembly representing their Legislative Assembly Constituencies of the area shall be nominated by the Speaker, Bihar Legislative Assembly;

(b)Maximum two members of the Parliament representing their Lok Sabha Constituencies wholly or mostly of the area shall be nominated by the State Government;

(c)Maximum 8 persons having experience of Public works, urban works, rural development on social welfare works and who are inhabitants of the area, shall be nominated by the State Government.

(2)The nomination of the members under clause (a) and (b) of sub-section (1) shall be for two years or till the duration of the Council, whichever is earlier:Provided that on cessation of membership of Legislative Assembly or Lok Sabha before expiry of the period of nomination his membership of the Council shall automatically cease with effect from the date of cessation as member of Legislative Assembly or Lok Sabha as the case may be.

(3)The nomination of members under clause (c) of sub-section (1) may be upto the duration of the Council:Provided that they shall not have the right to vote.

(4)The members of the Council may be re-nominated.

14. Oath or affirmation by the members.

- Every members of the Council before taking his seat, shall take oath or affirmation before the Governor or any person appointed by him, in this behalf as per proforma given in this behalf in Schedule 2 and shall sign it.

15. The Chairman of the Council.

(1)The Council shall have a Chairman who shall be a member of the Scheduled Tribes.

(2)The Chairman shall be elected by the elected member of the Council from amongst them.

(3)The State Government may nominate any elected member as Presiding Officer for the election of the Chairman who may determine the procedure for election.

16. The Vice-Chairman of the Council.

- The Council shall have a Vice-Chairman who shall be nominated by the Chairman from amongst the members.

17. Vacancy, resignation and removal from the office of Chairman.

- The member holding the office of the Chairman of the Council-

(a)if ceases to be an elected member of the Council, he shall vacate his office;

(b)may tender his resignation in writing under his hand addressed to the Vice-Chairman at any time; and

(c)may be removed from his office by a resolution passed by the majority of the elected members of the Council at that time:

Provided that no resolution for the purpose of clause (c) shall be proposed until a prior notice of at least fourteen days intending to move the proposed resolution is given.

18. Vacancy, resignation and tenure of the office of the Vice Chairman.

- The member holding the office of the Vice-Chairman of the Council-

(a)shall vacate his office if he ceases to be a member of the Council;

(b)may tender his resignation in writing under his hand addressed to the Chairman any time; and

(c)shall hold the office during the pleasure of the Chairman.

19. Proceedings of the meeting.

(1)The Chairman of the Council shall preside over the meeting of the Council.

(2)In the absence of the Chairman or in case of a motion pending consideration against the Chairman, the Vice-Chairman shall preside over the meeting of the Council.

20. Presiding over in case of a resolution under consideration to remove the Chairman from his office.

(1)when a resolution to remove the Chairman from his office is under consideration, in a meeting of the Council, the Chairman shall not preside though present and the provisions of section 19 shall apply to each such meeting as they apply to the meeting in which the Chairman remains absent.

(2)When a resolution to remove the Chairman from his office is under consideration in the Council, he shall have a right to speak and otherwise to take part in the proceedings of the Council, and he shall be entitled to vote on such resolution or on any issue during such proceedings, but in the case of equal votes, he shall not be entitled to exercise a casting vote.

21. Constitution of Executive Council.

(1)The Chairman of the Council shall be the ex-officio Chief Executive Councillor and the Vice-Chairman shall be its ex-officio Executive Councillor.

(2)The Chief Executive Councillor may nominate not more than 19 members of the Council as the members of the Executive Council in which Scheduled Castes, Scheduled Tribes, Backward Classes, Minorities and Women shall be given proper representation as far as possible.

22. Vacancy, resignation and holding the office of the members of Executive Council.

- The member holding the office of the Executive Council-

(a)shall vacate his office if he ceases to be a member of the Council;

(b)may any time tender his resignation in writing under his hand addressed to the Chief Executive Councillor and in his absence to the Vice-Chief t Executive Councillor; and

(c)shall hold the office during the pleasure of the Chairman.

23. Constitution of Interim Council and interim Executive Council.

(1)The State Government before constitution of the Council under section 3, may constitute an Interim Council.

(2)The State Government shall nominate 50 percent members of the Interim Council out of its total membership from the members of the Lok Sabha and Legislative Assembly representing the constituency which lies wholly or mostly in the Area and from the members of the Raiya Sabha and Legislative Council, who are the inhabitants of the area and the remaining 50 percent members shall be nominated from amongst the person who are inhabitants of the area and have interest in its development.

(3)The State Government shall nominate the Chairman and the Vice-Chairman of the Interim Council.Provided that a member of the Scheduled Tribes can only be nominated as the Chairman.

(4)The State Government shall constitute an Interim Executive Council from amongst the members of the Interim Council.

(5)The Chairman and the Vice-Chairman of the Interim Council shall be the ex-officio Chief Executive Councillor and Vice-Chief Executive Councillor.

(6)[ The duration of the Interim Council and the Interim Executive Council shall be for 48 months or till the constitution of the Council under section 3 whichever is earlier.] [Substituted by Act 4 of 1999.]

(7)The Chairman and the Vice-Chairman of the Interim Council and the members of the Interim Executive Council shall hold their office during the pleasure of the State Government.

24. Validity of the proceeding.

- Any function or proceeding of the Council, shall not be deemed invalid on the ground that any vacancy exist in the Council or there is any error or irregularity in the appointment of a member or in the constitution of the Council.

25. Minutes.

(1)The minutes of the Council shall be recorded in a register which shall be maintained by the Secretary and shall be signed by the Chairman and in his absence the person presiding over the meeting.

(2)The minutes of the Executive Council shall be recorded in a register which will be maintained by the Secretary and shall be signed by Chief Executive Councillor and in his absence by the Vice Chief Executive Councillor presiding over the meeting.

(3)The verified copy of the minutes of every meeting of the Council and the Executive Council shall be forwarded to the State Government by the Secretary.

26. Honorarium and Allowances to the Chairman, Vice-Chairman and members.

(1)Honorarium worth Rs. 1,750, Rs. 1,250 and Rs. 1,000 per month shall be payable to the Chairman, Vice-Chairman and the Members of the Executive Council respectively.

(2)Save as under clause (1), honorarium of Rs. 750 per month shall be payable to the remaining members.

(3)The Chairman, the Vice-Chairman and the members of the Executive Council shall be paid daily allowance at the rate of Rs. 150 per day for the period spent outside the head quarters for the work of Council and other members shall be paid daily allowance at the rate of Rs. 125 per day for taking part in the meetings of the Council.

(4)On a tour undertaken by the Chairman, the Vice-Chairman and the Members of the Executive Council for the works of the Council and by the members of the Council to attend the meeting of the Council, a first class or Air conditioned 2 tier railway fare which has actually been paid, shall be payable:Provided that in journey by air undertaken for the works of the Council by the Chairman and the Vice-Chairman, the fare actually paid, shall be payable.

27. Headquarter of the Council, its meeting and the procedure.

(1)The headquarter of the Council shall be at Ranchi and its meeting shall take place from time to time but more than six months shall not intervene between its two meetings.

(2)Every meeting of the Council shall be convened by the Secretary of the Council on the direction of the Chairman and at least ten days prior notice of the Council's meeting shall be given to its members:Provided that for the disposal of indispensable works, the meeting may also be convened on prior notice of less than ten days.

(3)All issues placed before the Council shall be decided by the majority of members present in the meeting, but in case of equal votes, the Chairman shall exercise casting vote.

28. Quorum.

- The quorum shall be one-third of the total number of the members of the Council.

Chapter III
Powers and Functions of the Council and Executive Council

29. Powers and Functions of the Council.

(1)The Council shall have the following powers and functions relating to the development of the Area-

(a)to prepare long term and short terms plans for alround development of the Area;

(b)to consider the preparation and execution of project relating to development of the Area;

(c)to formulate the project relating to the Area;

(d)to co-ordinate, supervise and review the projects of the Area;

(e)to suggest measures for accelerated development of the Area;

(2)The Council may ply passenger bus services in the Area.

(3)Subject to the general guidelines of the State Government, the Council shall have the following powers and functions on the subject specified in Schedule 3-

(a)to fix priority and prepare plans for development programmes;

(b)to formulate projects;

(c)to sanction projects;

(d)to get projects executed;

(e)to sanction Central Plans relating to the Area and to get it executed;

(f)to review, supervise, co-ordinate and monitor the projects.

30. Supervisory powers and functions of the Council.

(1)The Council shall have such supervisory powers and functions with respect to non-develop-mental and regulatory subject specified in Schedule 3 as may be prescribed, for public purposes, by the State Government in consultation with the Council.

(2)The Council in its area, may supervise Municipal Corporations, Municipalities, Notified Area Committee, District Board, Panchayat Samities and Gram Panchayats.

31. Legal powers and functions of the Council.

(1)The Council may recommend to the Bihar Legislature through the State Government for Legislation on subjects specified in Schedule 3.

(2)The Council may make regulation and by-laws on the subject specified in Schedule 3:Provided that such regulation and by-laws shall not be inconsistent with any law made by a State Legislature.

32. Personnel and Administrative Powers of the Council.

(1)The Council shall have the following powers with respect to personnel of its establishment:-

(a)The head of the office of the Council, known as Chief Executive Officer, shall be appointed by the State Government in consultation with the Chief Executive Councillor;

(b)The State Government, in consultation with the Chief Executive Councillor, shall place the services of other officers to the Council for their appointment in the office of the Council;

(c)The Chief Executive Officer and other Officers of the Council's establishment shall work under the general guidance, directions and supervision of the Chief Executive Councillor;

(d)The Council may create posts of class three and class four and make appointments thereon for its establishment:

Provided that such posts may be created under the yardstick and the budget provisions fixed by the State Government, for creation of posts and appointment to such posts, may be made in accordance with the policy and the procedure prescribed by the State Government;

(e)The Council may make recommendation to the State Government for the creation of the gazetted posts for its establishment, and the State Government shall communicate its decision to the Council ordinarily within three months of the recommendation;

(f)The appropriate authority of the Council, subject to the rules, regulation and procedure of the State Government, shall initiate evaluation report in respect of the Chief Executive Officer and other officers of the Council;

(g)The Council may take disciplinary action against class three and class four employees of its establishment and may impose punishments; and

(h)The Council may recommend disciplinary action against officers of its establishment and the State Government shall ordinarily within three months, communicate its decision on the recommendation to the Council;

(2)The Council shall have the following full powers connected with respect to the personnel posted in the area of the Council on the subjects specified in Schedule 3:-

(a)Subject to the policy of the State Government, to make transfer and posting of the gazetted officers wholly connected with specified subjects whose services have been placed by the State Government to the Council;

(b)The Council may create posts of class three and class four wholly connected with specified subjects and make appointments thereon;

Provided that such post within the yardstick and budget provisions determined by the State Government, may be created and appointment to such posts may be made in accordance with policy and procedure prescribed by the State Government;

(c)Supervisions, direction and guidance of gazetted officers and non-gazetted employees who have been assigned to execute subjects specified in Schedule 3;

(d)The appropriate authority of the Council shall, subject to the rule, regulation and procedure of the State Government, initiate evaluation report with respect to the officers connected wholly with specified subject of the Area;

(e)The Council may impose minor punishments to non-gazetted employees connected wholly with specified subject; and

(f)The Council may recommend disciplinary action in respect of officers wholly connected with the specified subjects and the State Government shall ordinarily within three months communicate its decision on the recommendation to the Council.

33. Power to Levy Tax and Fees.

(1)The Council, for any metalled road or bridge under its managements, may collect road tax through check post from any vehicle (including non-power); subject to the rate and conditions by the State Government.

(2)Subject to the general policy of the State Government, the Council may determine the rate and terms of the fee and collect the fee for the following:-

(a)registration of boats;

(b)cleanliness and sanitation in places of workship, pilgrimage, fair and hat under the management of the Council;

(c)supply of water provided by the Council for drinking or irrigation;

(d)arrangement of lighting provided by the Council on public roads and places:

Provided that the rate and the term of fee determined by the Council shall be effective from the date of its publication in the official gazette which shall not be ordinarily more than three months from the date of its determination.

34. Financial Powers of the Council.

(1)The Council shall have a fund known as Jharkhand Areas Autonomous Council Fund.

(2)The Council shall operate the Jharkhand Area Autonomous Council Fund.

(3)The Council may place the sum collected under Section 33 to the credit of the fund.

(4)The Council may place to the credit of the fund all sums received as the grant and loan from the State Government or other sources.

(5)The Council may place to the credit of fund all sums received as income or donation made in its favour by any trust or charity.

(6)The Council may utilize the fund for payment of pay and allowances of the Chairman, Vice-Chairman, Members of the Council and on Office expenditure and the development programmes of the area including grant to the District Boards for different development plans.

(7)A minimum of 25 percent of the State's Annual Plan shall be specified for the Area of the Council:Provided that in case of the revision of the size of the annual plan, the specified amount for the Area may be revised.

(8)Separate provision shall be made in the budget of the State for the specified amount of the Area and the amount so provided shall not be diverted except on the revision of the specified amount under sub-section (5).

(9)After passing of the annual plan budget relating to plan by the Legislature, subject to the availability of the fund, the amount of advance to be received from the State Government every month for the specified subjects, may be allotted by the Council for the sanctioned projects which shall be drawn and disbursed by the specified officer through the treasury in accordance with general accounting procedure.

(10)The Council may re-appropriate the provisions of the plan budget relating to the Area in accordance with the guidelines and procedures determined by the State Government.

35. Power and functions of the Executive Council.

(1)The Executive Council shall perform the functions of the Council and shall be collectively responsible to it.

(2)The State Government, in consultation with the Council shall prescribe the procedure for discharging of the collective responsibility of the Executive Council to the Council.

(3)The State Government, in consultation with the Chief-Executive Councillor, shall prescribe rules for the conduct of business of the Council.

(4)The meeting of the Executive Council shall be convened by the Secretary, from time to time, on the direction of the Chief Executive Councillor.

(5)50 percent of the total members shall constitute the quorum for every meeting of the Executive Council.

36. The Powers and Functions of Interim Council and Interim Executive Council.

- Unless the context otherwise requires or is not relevant or specially otherwise provided; the provisions relating to the Council and the Executive Council, shall be deemed to apply to the Interim Council and Interim Executive Council as the case may be.

Chapter IV
Miscellaneous

37. Office of the Council.

(1)There shall be an office of the Council under the charge of an officer who shall be generally of the rank of Additional Secretary to the Government of India and who shall be called the Chief Executive Officer.

(2)The Chief Executive Officer shall be the Secretary of the Council and the Executive Council.

(3)So much establishment of the offices of the Regional Development Commissioner, Ranchi, North Chotanagpur Autonomous Development Authority. Hazaribagh; South Chotanagpur Autonomous Development Authority, Ranchi and Santhal Parganas, Autonomous Development Authority, Dumka shall be the part of the Establishment of the Council as the State Government may determine.

38. Submission of budget by the Council.

(1)Every year the Council shall prepare the budget relating to the subjects specified in Schedule 3 for the next financial year in the prescribed form and send it by the date fixed by the State Government for inclusion in the State budget.

(2)Every year the Council may submit by the date fixed by the State Government, supplementary budget relating to the subjects specified in Schedule 3.

(3)The State Government may approve the budget and Supplementary budget submitted by the Council with such modification as it may deem fit.

39. Accounts and Audit.

(1)The accounts of the Council shall be maintained in such manner and annual statement of accounts shall be prepared in such manner as the State Government in consultation with the Accountant General may prescribe.

(2)The Comptroller and Auditor General shall also audit the accounts of the Council along with the accounts of the State Government and the general provisions of audit of the accounts of the State Government shall also apply to the accounts of the Council.

(3)The report relating to the Accounts of the Council shall form part of the Comptroller and Auditor General's report relating to the accounts of the State Government shall be laid before the State Legislature along with the report of the accounts of the State Government.

40. Annual Report.

- The Council shall submit, within three months from the end of the financial year, to the State Government a report relating to its functions of that year, which shall be laid before the Legislature by the State Government.

41. To furnish Information.

- The Council shall furnish information as required by the State Government.

42. Direction by the State Government.

- The Council in the discharge of its functions, shall be guided by such direction on policy matters as may be given to it from time to time by the State Government.

43. Power to make Rules.

- The State Government may make rules to carry out the provisions of the Act.

44. Interpretation of the provisions of the Act.

- If in the interpretation of the provision of the Act, there is a difference of opinion between the State Government and the Council, it shall be settled by the Governor.

45. Members, Officers and Staff of the Council to be the Public Servant.

- The Members, Officers and Staff to the Council working or having intended to work under the provisions of the Act, shall be deemed to be the Public Servant under Section 21 of the Indian Penal Code, 1860 (Central Act, No. 45 of 1860).

46. Protection for the acts done under the Act.

- No suit, prosecution, or legal proceedings shall lie against any person for anything which has been done or intended to be done in good faith under the provisions of the Act.

47. Repeal and Savings.

(1)The Chotanagpur and Santhal Paragana Autonomous Development Authority Act, 1971 (Bihar Act 8, 1971) is hereby repealed.

(2)Consequent upon such repeal, rights, functions, liabilities and assets of the North Chotanagpur Autonomous Development Authority, South Chotanagpur Autonomous Development Authority and Santhal Paraganas Autonomous Development Authority shall vest in the Jharkhand Area Autonomous Council.

(3)Notwithstanding such repeal, anything done or any action taken in exercise of any power conferred by or under the said Act shall be deemed to have been done or taken in exercise of powers conferred by or under this Act, as if, this Act were in force on the day on which such thing was done or action taken.

Schedule 1

[See Section 1 (2)]

1. West Singhbhum,

2. East Singhbhum,

3. Ranchi,

4. Gumla,

5. Lohardagga,

6. Palamau,

7. Garhawa,

8. Hazaribagh,

9. Chatra,

10. Giridih,

11. Koderma,

12. Dhanbad,

13. Bokaro,

14. Dumka,

15. Sahebganj,

16. Godda,

17. Pakur,

18. Deoghar,

Schedule 2

[See Section 14]Form of oath or affirmationI..................... (A.B.) have been elected/nominated a member of Jharkhand Area Autonomous Council, do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India, as by law established that I will uphold the sovereignty and integrity of India and that I shall faithfully discharge the duty upon which I am about to enter.Signature.

Schedule 3

[See Section 29(3)]

1. Public Health;

2. Hospital, Dispensary and Nurses' Training (Except Medical Education Training other than Nurses' Training and Research Institution);

3. Tourism;

4. Vocational Education;

5. Agriculture;

6. Construction and maintenance of Rural Roads;

7. Cremation and burial grounds;

8. Hat, Market and Fair;

9. Minor Irrigation;

10. Public Health Engineering and Sanitation;

11. Dairy Development;

12. Fisheries;

13. Bee-keeping;

14. Sericulture;

15. Primary and Secondary (upto plus two) Education;

16. Management of Land and Building under the ownership of the Council;

17. Rural Development;

18. Small and Cottage Industries;

19. Minor Minerals;

20. All Programmes of Welfare Department;

21. All Programmes relating to Urban Development;

22. Repair, Renovation and maintenance of Medium and Major Irrigation Projects;

23. Forest (excluding settlement);

24. The use of canal water for irrigation purposes, excluding the canals which pertain to medium and major, projects;

25. Recommendation for the settlement of available Government land for Agriculture, Animal Husbandry, Government Primary, High and plus two schools, Government Hospitals and Cottage and Small Scale Industries;

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