55 lines
2.6 KiB
Plaintext
55 lines
2.6 KiB
Plaintext
PART X
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THE SCHEDULED AND TRIBAL AREAS
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244. Administration of Scheduled Areas and tribal areas.—(1) The
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provisions of the Fifth Schedule shall apply to the administration and control o
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f
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the Scheduled Areas and Scheduled Tribes in any State other than the States of
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Assam Meghalaya, Tripura and Mizoram.
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(2) The provisions of the Sixth Schedule shall apply to the
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administration of the tribal areas in the States of Assam Meghalaya, Tripura
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and Mizoram.
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244A. Formation of an autonomous State comprising certain tribal
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areas in Assam and creation of local Legislature or Council of Ministers or
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both therefor.—(1) Notwithstanding anything in this Constitution, Parliament
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may, by law, form within the State of Assam an autonomous State comprising
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(whether wholly or in part) all or any of the tribal areas specified in Part I o
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f the
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table appended to paragraph 20 of the Sixth Schedule and create therefor—
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(a) a body, whether elected or partly nominated and partly
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elected, to function as a Legislature for the autonomous State, or
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(b) a Council of Ministers,
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or both with such constitution, powers and functions, in each case, as may be
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specified in the law.
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(2) Any such law as is referred to in clause (1) may, in particular,—
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(a) specify the matters enumerated in the State List or the
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Concurrent List with respect to which the Legislature of the autonomous
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State shall have power to make laws for the whole or any part thereof,
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whether to the exclusion of the Legislature of the State of Assam or
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otherwise;
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(b) define the matters with respect to which the executive power
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of the autonomous State shall extend;
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(c) provide that any tax levied by the State of Assam shall be
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assigned to the autonomous State in so far as the proceeds thereof are
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attributable to the autonomous State;
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(d) provide that any reference to a State in any article of this
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Constitution shall be construed as including a reference to the
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autonomous State; and
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124
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125
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THE CONSTITUTION OF INDIA
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(e) make such supplemental, incidental and consequential
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provisions as may be deemed necessary.
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(3) An amendment of any such law as aforesaid in so far as such
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amendment relates to any of the matters specified in sub-clause (a) or subclause
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(b) of clause (2) shall have no effect unless the amendment is passed in
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each House of Parliament by not less than two-thirds of the members present
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and voting.
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(4) Any such law as is referred to in this article shall not be deemed to
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be an amendment of this Constitution for the purposes of article 368
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notwithstanding that it contains any provision which amends or has the effect
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of amending this Constitution.
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