Assam Amends Mising Autonomous Council Act to Strengthen Financial Accountability and Dual Membership Rules

The Assam Legislative Assembly has enacted The Mising Autonomous Council (Second Amendment) Act, 2025, which received the assent of the Hon'ble Governor of Assam on December 9, 2025, and was subsequently published in The Assam Gazette on December 12, 2025. This Amendment Act, designated Assam Act No. XLV of 2025, came into force immediately upon its publication. The legislation aims to further amend the Mising Autonomous Council Act, 1995, referred to as the principal Act, by introducing significant changes concerning the financial responsibilities of the Autonomous Council and the eligibility criteria for its elected members.

The key provisions of the Amendment Act include the substitution of section 58 of the principal Act and the insertion of a new sub-section (14) into section 61. The amended section 58 addresses the issue of dual membership, stipulating that if an elected member of the Mising Autonomous Council is also chosen as a Member of Parliament or the State Legislature, their seat in the General Council will become vacant. This vacancy occurs at the expiration of fourteen days from the date of publication in the Gazette of India or the Official Gazette, as the case may be, of the declaration of their election to Parliament or the State Legislature, unless the member has previously resigned their seat in the Parliament or State Legislature. The newly inserted sub-section (14) in section 61 outlines the financial relationship between the State Government and the Autonomous Council. It explicitly states that the State Government shall not be responsible for any financial transactions of the Autonomous Council, with the sole exception of grants-in-aid. 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, it mandates that all bid documents for Request For Proposals (RFPs) or tenders floated by the Autonomous Council must include a clause clarifying that the Government bears no responsibility for financial liabilities arising from contracts entered into by the Council. The amendment also requires 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. Finally, it extends the applicability of all rules and regulations governing Public Financial Management (the system for managing public funds) in the Government to the Autonomous Council.

The legislative intent behind these amendments is to foster greater financial discipline and accountability within the Mising Autonomous Council while clearly delineating the financial liabilities of the State Government. The earlier legal position under the Mising Autonomous Council Act, 1995, lacked explicit provisions regarding the State Government's financial responsibility for the Council's transactions, potentially leading to ambiguities. The new provisions address these statutory gaps by ensuring that the Council operates with a clear understanding of its financial independence and obligations. By mandating adherence to the Assam Public Procurement Act, 2017, for state-funded procurements and applying general Public Financial Management rules, the Act aims to promote transparency and efficiency in the Council's financial operations. The amendment to section 58 resolves potential conflicts of interest and ensures dedicated representation by preventing individuals from holding elected positions simultaneously in the Autonomous Council and other legislative bodies, thereby strengthening the democratic integrity of the Council. These changes introduce new obligations for the Autonomous Council regarding its financial management and procurement processes, ensuring a more structured and accountable governance framework.

Keywords: Mising Autonomous Council, Assam, Amendment Act, Financial Accountability, Dual Membership, Public Procurement, Legislative Assembly, 2025, Governance Geo Tags: India, Assam District: Not Applicable