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NORTH EASTERN COUNCIL ACT, 1971
84 of 1971
STATEMENT OF OBJECTS AND REASONS The North-Eastern Council Act, 1970 had provided for the establishment of a Council to be called the North- Eastern Council to identify plan schemes of the States in the north-eastern areas as were of common importance to those areas review the implementation of such schemes and recommend measures for effecting co-ordination. The Act also envisaged a co-ordination committee of the Council to review measures taken by the States represented on the Council for the maintenance of security and public order and recommend further measures necessary in this regard. Consequent on the proposed reorganisation of the north-eastern areas into five States and two Union territories, it is considered necessary to restructure the arrangements contemplated in that Act. It is proposed that, apart from the development plans of individual States and Union territories, for securing the balanced development of these areas, there should be a separate regional plan for all the north-eastern areas. It is also proposed that the Council which will formulate the regional plan and keep a close watch on the implementation of the plan should be a small compact body and should also attend to the functions envisaged for the co-ordination committee in the 1970 Act. The Bill seeks to achieve these objects and and to repeal the Act of 1970-Gaz. of India, 22-12-1971, Pt. II.S. 2, Ext, p. 1253.
An Act to provide for the setting up of a Council for the North-eastern areas of India to be called the North-Eastern Council and for matters connected therewith. Be it enacted by Parliament in the Twenty-second Year of the Republic of India as follows:-
SECTION 01: SHORT TITLE AND COMMENCEMENT
(1) This Act may be called The North-Eastern Council Act, 1971.
(2) It shall come into force on such date," being a date not earlier than the day appointed under clause (b) of section 2-of the North-Eastern Areas (Reorganisation) Act, 1971, as the Central Government may, by notification in the Official Gazette, appoint.
SECTION 02: DEFINITIONS
In this Act, unless the context otherwise requires,-
(a) "Council" means the North-Eastern Council set up under section 3-;
3[(b) "North-eastern area" means the area comprising the States of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram,4["Nagaland, Sikkim and Tripura"] .]
SECTION 03: SETTING UP AND COMPOSITION OF THE NORTHEASTERN COUNCIL
5 (1) There shall be a Council to be called the North-Eastern Council which shall consist of the following members, namely:—
(i) the person or persons for the time being holding the office of the Governor of the States;
(ii) the Chief Ministers of the States of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim and Tripura :
Provided that, if there is no Council of Ministers in any State referred to in clause (b), the President may nominate not more than one person to represent such State in the Council for so long as there is no Council of Ministers in such State; (iii) three members to be nominated by the President.
(2) Notwithstanding anything contained in sub-section (1), the President may, if he deems it necessary so to do, nominate a Union Minister to be a member of the Council.
6(3) the President shall nominate the Chairman of the Council.
(4) The President may, if he deems it necessary so to do, nominate another member of the Council to act as Vice-Chairman of the Council.
SECTION 04: FUNCTIONS OF THE COUNCIL
7(1) The Council shall function as a regional planning body for the northeastern area.
7(2) While formulating the regional plans for the north-eastern area, the Council shall give priority to schemes and projects which will benefit two or more States :
Provided that in case of Sikkim, the Council shall formulate specific projects and schemes for the State including the review of implementation of such projects and schemes.
(3) The Council shall-
(a) review, from time to time, the implementation of the projects and schemes included in the regional plan and recommend measures for effecting co-ordination among the Governments of the States concerned in the matter of implementation of such projects and schemes;
(b) where a project or scheme is intended to benefit two or more States, recommend the manner in which,-
(i) such object or scheme may be executed or implemented and managed or maintained; or
(ii) the benefits therefrom may be shared; or (iii) the expenditure thereon may be incurred; (c)8[* * * *]
(d) recommend to the Government of the States concerned or to the Central Government the undertaking of necessary surveys and investigation of projects in any State represented in the Council to facilitate consideration of the feasibility of including new projects in the regional plan.
(4) The Council shall review from time to time the measures taken by the States represented in the Council for the maintenance of security and public order therein and recommend to the Governments of the States concerned further measures necessary in this regard.
9(5) The Council shall have such power as may be delegated to it by the Central Government.
SECTION 05: MEETINGS OF THE COUNCIL
(1)10["The Council shall meet at least twice in a year at such times"] as the Chairman of the Council may appoint in this behalf and shall, subject to the other provisions of this section, observe such rules of procedure in regard to transaction of business at its meeting as it may lay down from time to time.
(2) The Chairman or in his absence the Vice-Chairman, if any, or in the absence of both the Chairman and the Vice-Chairman, any other member chosen by the members present from amongst themselves shall preside at a meeting of the Council.
(3) The proceedings of every meeting of the Council shall be forwarded to the Central Government and also to the Government of each State represented on the Council.
SECTION 06: NOMINATION OF CERTAIN OFFICERS TO ATTEND THE MEETINGS OF THE COUNCIL
In order to assist the Council in the discharge of its functions, each of the Ministers of the Central Government dealing with matters relating to Defence. Finance, Home Affairs11["Planning and the Department of Development of North-Eastern Region"] shall nominate an officer to attend the meetings of the Council.
SECTION 07: OFFICERS AND STAFF OF THE COUNCIL
(1) The Council shall have a secretarial staff consisting of a Secretary, a Planning Adviser, a Financial Adviser and Security Adviser and such other officers and employees as the Central Government may, by order, determine
(2) The secretarial staff of the Council shall function under the direction, supervision and control of the Chairman of the Council,
(3) The office of the Council shall be located at such place as may be determined by the Council.
(4) The administrative expenses of the said office, including the salaries and allowances payable to, or in respect of. members of the secretarial staff of the Council, shall be borne by the Central Government out of the moneys provided by Parliament for the purpose.
SECTION 08: REPEAL
-The North-Eastern Council Act, 1970 is hereby repeated.
Footnotes:
3. Substituted for Cls. (b) and (c) by State of Arunachal Pradesh Act (69 of 1986), S. 45 ( 11 -2-87).
4. In Section 2, clause (b) the words "Nagaland and Tripura" shall be substituted by North-Eastern Council (Amendment) Act, 2002.(Act 68 of 2002), Published in the Gazette of India, Extra., Part II, Section 1, dated 23rd December, 2002, pp. 1-2, No. 80
5. In Section 3, sub-section (1) shall be substituted by North-Eastern Council (Amendment) Act, 2002.(Act 68 of 2002), Published in the Gazette of India, Extra., Part II, Section 1, dated 23rd December, 2002, pp. 1-2, No. 80
6. In Section 3, sub-section (3) shall be substituted by North-Eastern Council (Amendment) Act, 2002.(Act 68 of 2002), Published in the Gazette of India, Extra., Part II, Section 1, dated 23rd December, 2002, pp. 1-2, No. 80
7. In Section 4, sub-section (1)and (2) shall be substituted by North-Eastern Council (Amendment) Act, 2002.(Act 68 of 2002), Published in the Gazette of India, Extra., Part II, Section 1, dated 23rd December, 2002, pp. 1-2, No. 80
8. In Section 4, sub-section (3), clause (c) shall be substituted by North-Eastern Council (Amendment) Act, 2002.(Act 68 of 2002), Published in the Gazette of India, Extra., Part II, Section 1, dated 23rd December, 2002, pp. 1-2, No. 80
9. In Section 4, sub-section (5), shall be inserted by North-Eastern Council (Amendment) Act, 2002.(Act 68 of 2002), Published in the Gazette of India, Extra., Part II, Section 1, dated 23rd December, 2002, pp. 1-2, No. 80
10. In Section 5, in sub-section (1), the words "The Council shall meet at such times" shall be substituted by North-Eastern Council (Amendment) Act, 2002.(Act 68 of 2002), Published in the Gazette of India, Extra., Part II, Section 1, dated 23rd December, 2002, pp. 1-2, No. 80
11. In Section 6, the words "and Planning" shall be substituted by North-Eastern Council (Amendment) Act, 2002.(Act 68 of 2002), Published in the Gazette of India, Extra., Part II, Section 1, dated 23rd December, 2002, pp. 1-2, No. 80.
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