134 lines
6.2 KiB
Plaintext
134 lines
6.2 KiB
Plaintext
FIFTH SCHEDULE
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[Article 244(1)]
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Provisions as to the Administration and Control of Scheduled Areas and
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Scheduled Tribes
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PART A
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GENERAL
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1. Interpretation.—In this Schedule, unless the context otherwise
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requires, the expression “State” does not include the States of Assam,
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Meghalaya, Tripura and Mizoram.
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2. Executive power of a State in Scheduled Areas.—Subject to the
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provisions of this Schedule, the executive power of a State extends to the
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Scheduled Areas therein.
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3. Report by the Governor to the President regarding the
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administration of Scheduled Areas.—The Governor of each State having
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Scheduled Areas therein shall annually, or whenever so required by the President
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,
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make a report to the President regarding the administration of the Scheduled
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Areas in that State and the executive power of the Union shall extend to the
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giving of directions to the State as to the administration of the said areas.
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PART B
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ADMINISTRATION AND CONTROL OF SCHEDULED AREAS AND
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SCHEDULED TRIBES
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4. Tribes Advisory Council.—(1) There shall be established in each
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State having Scheduled Areas therein and, if the President so directs, also in
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any State having Scheduled Tribes but not Scheduled Areas therein, a Tribes
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Advisory Council consisting of not more than twenty members of whom, as
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nearly as may be, three-fourths shall be the representatives of the Scheduled
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Tribes in the Legislative Assembly of the State:
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Provided that if the number of representatives of the Scheduled Tribes in
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the Legislative Assembly of the State is less than the number of seats in the
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Tribes Advisory Council to be filled by such representatives, the remaining
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seats shall be filled by other members of those tribes.
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(2) It shall be the duty of the Tribes Advisory Council to advise on such
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matters pertaining to the welfare and advancement of the Scheduled Tribes in
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the State as may be referred to them by the Governor.
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235
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236
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THE CONSTITUTION OF INDIA
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(3) The Governor may make rules prescribing or regulating, as the case
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may be,—
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(a) the number of members of the Council, the mode of their
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appointment and the appointment of the Chairman of the Council and of
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the officers and servants thereof;
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(b) the conduct of its meetings and its procedure in general; and
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(c) all other incidental matters.
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5. Law applicable to Scheduled Areas.—(1) Notwithstanding anything
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in this Constitution, the Governor may by public notification direct that any
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particular Act of Parliament or of the Legislature of the State shall not apply
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to
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a Scheduled Area or any part thereof in the State or shall apply to a Scheduled
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Area or any part thereof in the State subject to such exceptions and
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modifications as he may specify in the notification and any direction given
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under this sub-paragraph may be given so as to have retrospective effect.
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(2) The Governor may make regulations for the peace and good
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government of any area in a State which is for the time being a Scheduled Area.
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In particular and without prejudice to the generality of the foregoing
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power, such regulations may—
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(a) prohibit or restrict the transfer of land by or among members
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of the Scheduled Tribes in such area;
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(b) regulate the allotment of land to members of the Scheduled
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Tribes in such area;
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(c) regulate the carrying on of business as money-lender by
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persons who lend money to members of the Scheduled Tribes in such
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area.
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(3) In making any such regulation as is referred to in sub-paragraph (2)
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of this paragraph, the Governor may repeal or amend any Act of Parliament or
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of the Legislature of the State or any existing law which is for the time being
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applicable to the area in question.
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(4) All regulations made under this paragraph shall be submitted
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forthwith to the President and, until assented to by him, shall have no effect.
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237
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THE CONSTITUTION OF INDIA
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(5) No regulation shall be made under this paragraph unless the
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Governor making the regulation has, in the case where there is a Tribes
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Advisory Council for the State, consulted such Council.
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PART C
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SCHEDULED AREAS
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6. Scheduled Areas.—(1) In this Constitution, the expression
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“Scheduled Areas” means such areas as the President may by order 1 declare t
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o
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be Scheduled Areas.
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(2) The President may at any time by order 2 —
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(a) direct that the whole or any specified part of a Scheduled Area
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shall cease to be a Scheduled Area or a part of such an area;
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(aa) increase the area of any Scheduled Area in a State after
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consultation with the Governor of that State;
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(b) alter, but only by way of rectification of boundaries, any
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Scheduled Area;
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(c) on any alteration of the boundaries of a State or on the
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admission into the Union or the establishment of a new State, declare
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any territory not previously included in any State to be, or to form part
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of, a Scheduled Area;
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(d) rescind, in relation to any State or States, any order or orders
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made under this paragraph, and in consultation with the Governor of the
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State concerned, make fresh orders redefining the areas which are to be
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Scheduled Areas;
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and any such order may contain such incidental and consequential provisions as
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appear to the President to be necessary and proper, but save as aforesaid, the
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order made under sub-paragraph (1) of this paragraph shall not be varied by
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any subsequent order.
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______________________________________________
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1. See the Scheduled Areas (Part A States) Order, 1950 (C.O. 9), the Scheduled A
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reas (Part B States)
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Order, 1950 (C.O.26), the Scheduled Areas (Himachal Pradesh) Order, 1975 (C.O. 1
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02) and the
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Scheduled Areas (States of Bihar, Gujarat, Madhya Pradesh and Orissa) Order, 197
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7 (C.O. 109).
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2. See the Madras Scheduled Areas (Cessor) Order, 1950 (C.O. 30) and the Andhra
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Scheduled Areas
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(Cessor) Order, 1955 (C.O. 50).
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238
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THE CONSTITUTION OF INDIA
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PART D
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AMENDMENT OF THE SCHEDULE
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7. Amendment of the Schedule.—(1) Parliament may from time to time
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by law amend by way of addition, variation or repeal any of the provisions of
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this Schedule and, when the Schedule is so amended, any reference to this
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Schedule in this Constitution shall be construed as a reference to such Schedule
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as so amended.
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(2) No such law as is mentioned in sub-paragraph (1) of this paragraph
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shall be deemed to be an amendment of this Constitution for the purposes of
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article 368.
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