5. POWERS
AND FUNCTIONS
5.1 :: The
Council shall have legislative powers in
respect to subjects transferred to it as
enumerated at Annexure-III. All laws made
under this paragraph shall be submitted
forthwith to the Governor and until assented
to by him, shall have no effect. The BTC
shall have executive, administrative and
financial powers in respect of subjects
transferred to it.
5.2 :: There
shall be an Executive Council comprising
of more than 12 Executive Members, one of
whom shall be the Chief and another one
the Deputy Chief of the said Executive Council.
There shall be adequate representation for
the non-tribal members in the Executive
Council. The Chief and the Deputy Chief
of the Council shall have the status equivalent
to the Cabinet Minister and the other Executive
Members equivalent to the Minister of State
of Assam for protocol purposes in BTC area.
5.3 :: The
BTC shall have the full control over the
officers and staff connected with the delegated
subjects working in the BTC area and shall
be competent to transfer these officers
and staff within the BTC area. ACRs of these
officers shall also be written by the appropriate
BTC authority.
5.4 :: BTC
shall also be competent to make appointments
for all posts under its control in accordance
with the rules of appointment followed by
the Government of Assam. However, the posts,
where recruitment is made on the recommendation
of APSC, shall not be covered under this
provision. The Council may constitute a
Selection Board for appointments to be made
by it and may also make rules, with the
approval of the Governor of Assam, to regulate
appointments and to ensure adequate representation
for all communities living in the Council
area.
5.5 :: No
posts shall be created by BTC without concurrence
of the Government of Assam and it shall
also abide by the decision of the Government
of Assam in respect of abolition of temporarily
keeping vacant any post.
5.6 :: Development
functions and bodies within the competence
of BTC shall be transferred to BTC. In respect
of DRDA, concurrence of Government of India
will be obtained.
5.7 :: The
offices of the Deputy Commissioners and
Superintendent of Police will be outside
the superintendence and control of BTC.
5.8 :: The
State Government would provide an amount,
to be decided every year on population ratio
basis, as grants-in-aid in two equal installments
to the BTC for executing development works.
The proportionate share for the BTC shall
be calculated on the basis of the Plan funds
available after setting aside the funds
required for earmarked sectors and the salary.
This amount may be reduced proportionately
if the state plan allocation is reduced
or there is plan cut due to resource problem.
In addition, the Council will be paid a
suitable amount plan funds and non-plan
funds to cover the office expenses and the
salaries of the staff working under their
control. The BTC shall deserve the salaries
of the staff under their control and would
ensure strict economy in the matter.
5.9 :: BTC
authority shall prepare a plan with the
amounts likely to be available for development
works, both under state share and central
share, covering any or all the activities
of the departments under their control.
The Council shall have full direction in
selecting the activities and choosing the
amount for the investment under the same
in any year covering all groups of people
in a fair and equitable manner. This plan
will be a sub set of the state plan and
would be treated as its integral part. Once
the plan of the state, including BTC plan,
gets the approval of the Planning Commission,
the BTC authority shall start execution
of their plan in BTC area. Modifications,
if any, made by the Planning Commission
in the BTC proposal, shall be binding on
the BTC authority. The State Government
shall not divert the funds allocated to
the BTC to other heads and also ensure its
timely release. BTC may have Planning Department
to prepare the plans for BTC area to be
submitted to Planning Commission through
the Government of Assam.
5.10 :: The
executive functions of the BTC shall be
exercised through its Principal Secretary
who shall be an officer of the rank not
below that of Commissioner/Secretary to
Government of Assam. The sanctioning powers
of the Government of Assam shall be vested
with the Principal Secretary of BTC and
sanctioning powers of head(s) of the department(s)
including for technical sanction shall be
conferred on the senior most officer of
the department preferably not below the
rank of Additional Director, who may be
designated as Director of BTC for that department.
The Principal Secretary and other officers
shall exercise their powers under the overall
guidance and supervision of BTC.
6.
LAW AND ORDER
To strengthen the Police Administration,
Government of Assam shall appoint an IGP
for the four districts of BTC and the jurisdiction
of the DIG, Kokrajhar shall also be modified
to cover these four districts.
7.
REVISION OF LIST OF ST
Consequent to the inclusion of BTC area
into the Sixth Schedule, the list of ST
for the State of Assam shall be so modified,
so as to ensure that the tribal status of
Bodos and other tribals living outside the
BTC area does not get affected adversely.
8.
GRANT OF ST STATUS TO BODO-KACHARIS OF KARBI
ANGLONG AND NC HILLS DISTRICTS
The Government of India agrees to consider
sympathetically the inclusion of the Bodo-Kacharis
living in Karbi-Anglong and NC Hills Autonomous
Council area in the ST (Hills) List of State
of Assam
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