Assam Amends Tiwa Autonomous Council Act to Clarify Dual Membership and Financial Accountability

The Tiwa Autonomous Council (Second Amendment) Act, 2025, an amendment Act designated as Assam Act No. XLVI of 2025, received the assent of the Hon'ble Governor of Assam on December 9, 2025, and was subsequently published in The Assam Gazette Extraordinary on December 11, 2025, for general information. The legislation came into force immediately upon its enactment. This Act was introduced with the stated objective of further amending the principal legislation, the Tiwa Autonomous Council Act, 1995, to address specific governance and financial aspects.

The amendment introduced significant changes to two key sections of the principal Act. Firstly, section 58 was substituted with a new provision concerning the eligibility of elected members of the General Council. The revised section stipulates that if an elected member of the General Council is chosen to be a Member of the Parliament or the State Legislature, their seat in the General Council will automatically become vacant after fourteen days from the date of publication of their election in the Gazette of India or the Official Gazette, unless they have resigned their seat in Parliament or the State Legislature prior to this period. This provision aims to prevent dual office holding, ensuring that elected representatives dedicate their focus to a single legislative body. Secondly, the Act inserted a new sub-section (14) into section 61, which primarily deals with the financial responsibilities and liabilities of the Autonomous Council. This new sub-section clarifies that, notwithstanding any other provision in the Act, the State Government will not be held responsible for the financial transactions of 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 actions taken or 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 disclaiming the Government's financial responsibility for liabilities arising from such contracts. The amendment also stipulates 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. Additionally, all rules and regulations applicable to Public Financial Management within the Government are now equally applicable to the Autonomous Council.

The legislative intent behind these amendments was to refine the governance framework of the Tiwa Autonomous Council and to establish clearer lines of financial accountability. The earlier legal position, particularly concerning financial liabilities, appeared to have certain ambiguities that the new sub-section (14) of section 61 sought to resolve. 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.” This core principle underscores a policy rationale aimed at fostering greater fiscal discipline and self-reliance within the Autonomous Council, while simultaneously limiting the contingent liabilities of the State Government. By aligning the Council's procurement and financial management practices with state-level norms, especially for state-funded projects, the Act seeks to enhance transparency and ensure prudent utilization of public funds. The amendment to section 58 addresses a potential statutory gap regarding dual membership, ensuring that elected members commit to one legislative role, thereby strengthening the integrity and effectiveness of both the Autonomous Council and the state/national legislatures. These changes collectively aim to streamline the administrative and financial operations of the Tiwa Autonomous Council, promoting responsible governance and resource management.

Keywords: Tiwa Autonomous Council, Assam, Amendment Act, 2025, financial autonomy, dual membership, public procurement, legislative update Geo Tags: India, Assam District: Not Applicable