Assam Amends Mising Autonomous Council Act to Clarify Financial Responsibility and Dual Membership

The Assam Legislative Assembly recently enacted The Mising Autonomous Council (Amendment) Act, 2025, designated as Assam Act No. XLV of 2025, which received the assent of the Hon'ble Governor of Assam on December 9, 2025, and was subsequently published for general information on December 11, 2025. This Amendment Act, which came into force at once upon its publication, seeks to further modify the principal legislation, the Mising Autonomous Council Act, 1995. The primary objective of this legislative action is to introduce greater clarity and accountability within the operational framework of the Mising Autonomous Council, particularly concerning the financial liabilities of the State Government and the eligibility criteria for elected members holding dual offices.

The amending legislation introduces two significant changes to the principal Act. Firstly, it substitutes Section 58, which now stipulates that if an elected member of the Mising Autonomous Council's General Council is subsequently chosen as a Member of Parliament or a State Legislature, their seat in the General Council will automatically become vacant. This vacancy occurs at the expiration of fourteen days from the date of the declaration of their election being published in the Gazette of India or the Official Gazette, unless the member has previously resigned their seat in the Parliament or State Legislature. This provision aims to prevent dual representation and ensure dedicated service to one legislative body.

Secondly, the Act inserts a new sub-section (14) into Section 61, fundamentally altering the financial relationship between the State Government and the Autonomous Council. This new sub-section clarifies that the State Government will not be held responsible for any financial transactions undertaken by the Autonomous Council, with the sole exception of grants-in-aid provided to it. It explicitly states that no financial liability shall be vested in the Government for acts done or contracts entered into by the Autonomous Council. To reinforce this, the legislation provided: “Notwithstanding anything contained anywhere in this Act, the State Government shall not be responsible for any financial transactions of the Autonomous Council except the grants-in-aid. No financial liability shall be vested in the Government for the acts done and contracts entered into by the Autonomous Council.” Furthermore, all bid documents for Request For Proposals (RFPs) or tenders floated by the Autonomous Council are now mandated to include a clause explicitly stating that the Government shall not be responsible for financial liabilities arising from such contracts.

The legislative intent behind these amendments is to streamline governance and enhance financial discipline within the Mising Autonomous Council. The earlier statutory framework, the Mising Autonomous Council Act, 1995, lacked explicit provisions regarding the financial accountability of the State Government for the Council's independent transactions, leading to potential ambiguities. The new provisions address these gaps by clearly demarcating financial responsibilities, thereby promoting fiscal prudence within the Autonomous Council. The policy rationale underscores the principle that while the State Government provides financial assistance through grants-in-aid, the Council, as an autonomous body, must bear the financial consequences of its own operational decisions and contractual obligations.

Moreover, the amendment mandates that all procurements by the Autonomous Council, whether fully or partially funded by State budgetary grants, must adhere to the framework of the Assam Public Procurement Act, 2017, and its associated rules. This ensures transparency and standardisation in procurement processes, aligning the Council's practices with broader state-level financial management norms. Additionally, all rules and regulations applicable to Public Financial Management in the Government are now equally applicable to the Autonomous Council, further strengthening its financial governance. This comprehensive approach aims to foster greater accountability, prevent potential conflicts of interest arising from dual legislative roles, and ensure responsible financial management within the Mising Autonomous Council.

Keywords: Mising Autonomous Council, Assam, Amendment Act, Financial Liability, Dual Membership, Public Procurement, State Government, Autonomous Council, Legislative Amendment

Geo Tags: India, Assam District: Not Applicable