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NORTH-EASTERN COUNCIL ACT

Ministry of Law and Justice

Act nº 84 of 1971


  • Amending Acts
  • Act nº 84 of 1971

Preamble

THE NORTH-EASTERN COUNCIL ACT, 1971

[Act, No. 84 of 1971]

[30th December, 1971]

PREAMBLE

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 1. 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,1being 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.

1. Enforced on and from 1-8-1972


Section 2. Definitions

In this Act, unless the context otherwise requires,--

(a) "Council" means the North-Eastern Council set up under section 3;

1[(b) "North-eastern area" means the area comprising the States of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram,2[Nagaland, Sikkim and Tripura]]

1. Substituted for Cls. (h) and (c) by State of Arunachal Pradesh Act (69 of 1986), Section 45 (11-2-87).

2. "Nagaland and Tripura" substituted by The North-Eastern Council (Amendment) Act, 2002 (68 of 2002)


Section 3. Setting up and composition of the North-Eastern Council

1[(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.

2[(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.

1. Sub-Section 1 substituted by The North-Eastern Council (Amendment) Act, 2002 (68 of 2002). Prior to substitution it read as under:

"(1) There shall be a Council to be called the North-Eastern Council which shall consist of the following members, namely:--

(a) the person or persons for the lime being holding the office of the Governor of the States or the office of Administrator of the Union territories in the north-eastern area;

[(b) the Chief Ministers of the States of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura [and of the Union territories of Arunachal Pradesh and Mizoram]; and

[(c) * * * * * * *]

Provided that if there is no Council of Ministers [in any State or Union territory referred to in clause (b)] the President may nominate not more than one person to represent such State or Union territory in the Council for so long as there is no Council of Ministers in such State or Union territory."

2. Clause (3) Substituted by The North-Eastern Council (Amendment) Act, 2002 (68 of 2002). Prior to substitution it read as under:

"(3) One of the members of the Council to be nominated by the President shall be the Chairman of the Council."


Section 4. Functions of the Council

1[(1) The Council shall function as a regional planning body for the north­eastern area.

(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 that 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;

2[***]

(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.

3[(5) The Council shall have such power as may be delegated to it by the Central Government.]

1. Clause (1) and (2) Substituted by The North-Eastern Council (Amendment) Act, 2002 (68 of 2002). Prior to substitution it read as under:

"(1) The Council shall be an advisory body and may discuss any matter in which some or all of the States represented in that Council or the Union and one or more of the States represented in that Council, have a common interest and advise the Central Government and the Government of each State concerned as to the action to be taken on any such matter, and in particular, may discuss and make recommendations with regard to,-

(i) any matter of common interest in the field of economic and social planning;

(ii) any matter concerning inter-State transport and communications;

(iii) any matter relating to power or flood control projects of common interest.

(2) For securing the balanced development of the north-eastern area, the Council shall forward proposals,--

(a) formulating for the States represented in the Council a unified and coordinate regional plan (which will be in addition to the States Plan) in regard to matters of common importance to that area;

(b) regarding the proprieties of the projects and schemes included in the regional plan and the stages in which the regional plan may be implemented; and

(c) regarding the location of the projects and schemes included in the regional plan, to the Central Government for its consideration."

2. Clause (e) Omitted by The North-Eastern Council (Amendment) Act, 2002 (68 of 2002). Prior to omission it read as under:

"(c) on a review of progress of the expenditure, recommend to the Central Government the quantum of financial assistance to be given from time to time, to the State or States entrusted with the execution or implementation of any project or scheme included in the regional plan;"

3. Inserted by The North-Eastern Council (Amendment) Act, 2002 (68 of 2002)


Section 5. Meetings of the Council

(1)1[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.

1. "The council shall meet at such times" substituted by The North-Eastern Council (Amendment) Act, 2002 (68 of 2002)


Section 6. 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 Affairs1[Planning and the Department of Development of North-Eastern Region] shall nominate an officer to attend the meetings of the Council.

1. "and planning" substituted by The North-Eastern Council (Amendment) Act, 2002 (68 of 2002)


Section 7. 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 8. Repeal

The North-Eastern Council Act, 1970 is hereby repealed.

Amending Acts

North-Eastern Council (Amendment) Act, 2002

THE NORTH-EASTERN COUNCIL (AMENDMENT) ACT, 2002

[Act, No. 68 of 2002]

[20th December, 2002]

PREMABLE

An Act further to amend the North-Eastern Council Act, 1971.

Be it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:--

1. Short title and commencement

(1) This Act may be called the North-Eastern Council (Amendment) Act, 2002,

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

2. Amendment of section 2

In section 2 of the North-Kastern Council Act, 1971 (84 of 1971) (hereinafter referred to as the principal Act), in clause (b), for the words "Nagaland and Tripura", the words "Nagaland, Sikkim and Tripura" shall be substituted.

3. Amendment of section 3

In section 3 of the principal Act,--

(a) for sub-section (1), the following sub-section shall be substituted, namely:--

"(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.";

(b) for sub-section (5), the following sub-section shall be substituted, namely:--"(3) the President shall nominate the Chairman of the Council.".

4. Amendment of section 4

In section 4 of the principal Act,--

(a) for sub-sections (1) and (2), the following sub-sections shall be substituted, namely:--

"(1) The Council shall function as a regional planning body for the north­eastern area.

(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 that State including the review of implementation of such projects and schemes.";

(b) in sub-section (3), clause (c) shall be omitted;

(c) after sub-section (4), the following sub-section shall be inserted, namely:--

"(5) The Council shall have such power as may be delegated to it by the Central Government.".

5. Amendment of section 5

In section 5 of the principal Act, in sub-section (1), for the words "The Council shall meet at such times", the words "The Council shall meet at least twice in a year at such times" shall be substituted.

6. Amendment of section 6

In section 6 of the principal Act, for the words "and Planning", the words "Planning and the Department of Development of North-Eastern Region" shall be substituted.