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1291 lines
63 KiB
Plaintext
SIXTH SCHEDULE
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[Articles 244(2) and 275(1)]
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Provisions as to the Administration of Tribal Areas in the States of Assam,
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Meghalaya, Tripura and Mizoram
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1
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1. Autonomous districts and autonomous regions.—(1) Subject to
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the provisions of this paragraph, the tribal areas in each item of Parts I, II a
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nd
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IIA and in Part III of the table appended to paragraph 20 of this Schedule shall
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be an autonomous district.
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(2) If there are different Scheduled Tribes in an autonomous district, the
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Governor may, by public notification, divide the area or areas inhabited by
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them into autonomous regions.
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(3) The Governor may, by public notification,—
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(a) include any area in any of the Parts of the said table,
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(b) exclude any area from any of the Parts of the said table,
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(c) create a new autonomous district,
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(d) increase the area of any autonomous district,
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(e) diminish the area of any autonomous district,
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(f) unite two or more autonomous districts or parts thereof so as to
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form one autonomous district,
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(ff) alter the name of any autonomous district,
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(g) define the boundaries of any autonomous district:
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Provided that no order shall be made by the Governor under clauses (c),
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(d), (e) and (f) of this sub-paragraph except after consideration of the report
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of a
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Commission appointed under sub-paragraph (1) of paragraph 14 of this Schedule:
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Provided further that any order made by the Governor under this subparagraph may
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contain such incidental and consequential provisions (including
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any amendment of paragraph 20 and of any item in any of the Parts of the said
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Table) as appear to the Governor to be necessary for giving effect to the
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provisions of the order.
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______________________________________________
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1. Paragraph 1 has been amended in its application to the State of Assam by the
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Sixth Schedule to the
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Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, so as to insert the follo
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wing proviso after
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sub-paragraph (2), namely:—
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“Provided that nothing in this sub-paragraph shall apply to the Bodoland Terri
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torial Areas
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District.
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239
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THE CONSTITUTION OF INDIA
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240
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1-2-3
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2. Constitution of District Councils and Regional Councils.—
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(1) There shall be a District Council for each autonomous
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district
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consisting of not more than thirty members, of whom not more than four
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persons shall be nominated by the Governor and the rest shall be elected on the
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basis of adult suffrage.
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(2) There shall be a separate Regional Council for each area constituted
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an autonomous region under sub-paragraph (2) of paragraph 1 of this Schedule.
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(3) Each District Council and each Regional Council shall be a body
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corporate by the name respectively of “the District Council of (name of
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district)” and “the Regional Council of (name of region)”, shall have perp
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etual
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succession and a common seal and shall by the said name sue and be sued.
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(4) Subject to the provisions of this Schedule, the administration of an
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autonomous district shall, in so far as it is not vested under this Schedule in
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any
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Regional Council within such district, be vested in the District Council for suc
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h
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district and the administration of an autonomous region shall be vested in the
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Regional Council for such region.
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______________________________________________
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1. Paragraph 2 has been amended in its application to the State of Assam by the
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Sixth Schedule to the
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Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, so as to insert the follo
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wing proviso after
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sub-paragraph (1), namely: —
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“Provided that the Bodoland Territorial Council shall consist of not more than
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forty-six
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members of whom forty shall be elected on the basis of adult suffrage, of whom t
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hirty shall be
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reserved for the Scheduled Tribes, five for non-tribal communities, five open fo
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r all communities
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and the remaining six shall be nominated by the Governor having same rights and
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privileges as
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other members, including voting rights, from amongst the un-represented communit
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ies of the
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Bodoland Territorial Areas District, of which at least two shall be women :”
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2. Paragraph 2 has been amended in its application to the State of Assam by the
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Sixth Schedule to the
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Constitution (Amendment) Act, 1995 (42 of 1995), s.2, so as to insert the follow
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ing proviso after
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sub-paragraph (3), namely : —
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“Provided that the District Council constituted for the North Cachar Hills Dis
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trict shall be
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called as the North Cachar Hills Autonomous Council and the District Council con
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stituted for
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the Karbi Anglong District shall be called as the Karbi Anglong Autonomous Counc
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il.”
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3. Paragraph 2 has been amended in its application to the State of Assam by the
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Sixth Schedule to
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the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, so as to insert the f
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ollowing proviso
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after sub-paragraph (3), namely: —
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“Provided further that the District Council constituted for the Bodoland Terri
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torial Areas
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District shall be called the Bodoland Territorial Council.”.
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241
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THE CONSTITUTION OF INDIA
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(5) In an autonomous district with Regional Councils, the District
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Council shall have only such powers with respect to the areas under the
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authority of the Regional Council as may be delegated to it by the Regional
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Council in addition to the powers conferred on it by this Schedule with respect
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to such areas.
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(6) The Governor shall make rules for the first constitution of District
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Councils and Regional Councils in consultation with the existing tribal
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Councils or other representative tribal organisations within the autonomous
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districts or regions concerned, and such rules shall provide for—
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(a) the composition of the District Councils and Regional
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Councils and the allocation of seats therein;
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(b) the delimitation of territorial constituencies for the purpose of
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elections to those Councils;
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(c) the qualifications for voting at such elections and the
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preparation of electoral rolls therefor;
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(d) the qualifications for being elected at such elections as
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members of such Councils;
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(e) the term of office of members of Regional Councils;
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(f) any other matter relating to or connected with elections or
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nominations to such Councils;
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(g) the procedure and the conduct of business (including the power
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to act notwithstanding any vacancy) in the District and Regional Councils;
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(h) the appointment of officers and staff of the District and
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Regional Councils.
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(6A) The elected members of the District Council shall hold office for a
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term of five years from the date appointed for the first meeting of the Council
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after the general elections to the Council, unless the District Council is soone
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r
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dissolved under paragraph 16 and a nominated member shall hold office at the
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pleasure of the Governor:
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Provided that the said period of five years may, while a Proclamation of
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Emergency is in operation or if circumstances exist which, in the opinion of the
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Governor, render the holding of elections impracticable, be extended by the
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Governor for a period not exceeding one year at a time and in any case where a
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Proclamation of Emergency is in operation not extending beyond a period of
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six months after the Proclamation has ceased to operate:
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THE CONSTITUTION OF INDIA
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242
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Provided further that a member elected to fill a casual vacancy shall hold
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office only for the remainder of the term of office of the member whom he
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replaces.
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(7) The District or the Regional Council may after its first constitution
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make rules with the approval of the Governor with regard to the matters
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specified in sub-paragraph (6) of this paragraph and may also make rules with
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like approval regulating—
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(a) the formation of subordinate local Councils or Boards and
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their procedure and the conduct of their business; and
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(b) generally all matters relating to the transaction of business
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pertaining to the administration of the district or region, as the case
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may be:
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Provided that until rules are made by the District or the Regional Council
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under this sub-paragraph the rules made by the Governor under sub-paragraph
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(6) of this paragraph shall have effect in respect of elections to, the officers
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and
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staff of, and the procedure and the conduct of business in, each such Council.
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*
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*
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*
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*
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1-2-3
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3. Powers of the District Councils and Regional Councils to
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make laws.—(1) The Regional Council for an autonomous region in respect
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______________________________________________
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1. Paragraph 3 has been amended in its application to the State of Assam by the
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Sixth Schedule to the
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Constitution (Amendment) Act, 2003 (44 of 2003), s. 2 , so as to substitute sub-
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paragraph (3) as under, “(3) Save as otherwise provided in sub-paragraph (2) o
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f paragraph 3A or sub-paragraph (2)
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of paragraph 3B, all laws made under this paragraph or sub-paragraph (1) of para
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graph 3A or subparagraph (1) of paragraph 3B shall be submitted forthwith to the
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Governor and, until assented to
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by him, shall have no effect.” .
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2. After paragraph 3, the following paragraph has been inserted in its applicati
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on to the State of Assam by
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the Sixth Schedule to the Constitution (Amendment) Act, 1995 (42 of 1995), s. 2
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and after paragraph
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3A, the following paragraph has been inserted in its application to the State of
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Assam by the Sixth
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Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, namely: <20>
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<EFBFBD><EFBFBD>
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“3A. Additional powers of the North Cachar Hills Autonomous Council and the Ka
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rbi
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Anglong Autonomous Council to make laws.—(1) Without prejudice to the provisio
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ns of
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paragraph 3, the North Cachar Hills Autonomous Council and the Karbi Anglong Aut
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onomous
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Council within their respective districts, shall have power to make laws with re
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spect to—
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(a) industries, subject to the provisions of entries 7 and 52 of List I of the S
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eventh Schedule;
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243
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THE CONSTITUTION OF INDIA
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(Foot-note Continue),(b) communications, that is to say, roads, bridges, ferries
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and other means of communication
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not specified in List I of the Seventh Schedule; municipal tramways, ropeways, i
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nland
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waterways and traffic thereon subject to the provisions of List I and List III o
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f the
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Seventh Schedule with regard to such waterways; vehicles other than mechanically
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propelled vehicles;
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(c) preservation, protection and improvement of stock and prevention of animal d
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iseases;
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veterinary training and practice; cattle pounds;
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(d) primary and secondary education;
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(e) agriculture, including agricultural education and research, protection again
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st pests and
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prevention of plant diseases;
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(f) fisheries;
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(g) water, that is to say, water supplies, irrigation and canals, drainage and e
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mbankments,
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water storage and water power subject to the provisions of entry 56 of List I of
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the
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Seventh Schedule;
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(h) social security and social insurance; employment and unemployment;
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(i) flood control schemes for protection of villages, paddy fields, markets, tow
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ns, etc. (not of
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technical nature);
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(j) theatre and dramatic performances, cinemas subject to the provisions of entr
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y 60 of List I
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of the Seventh Schedule; sports, entertainments and amusements;
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(k) public health and sanitation, hospitals and dispensaries;
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(l) minor irrigation;
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(m) trade and commerce in, and the production supply and distribution of, food s
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tuffs, cattle
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fodder, raw cotton and raw jute;
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(n) libraries, museums and other similar institutions controlled or financed by
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the State;
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ancient and historical monuments and records other than those declared by or und
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er any
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law made by Parliament to be of national importance; and
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(o) alienation of land.
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(2) All laws made by the North Cachar Hills Autonomous Council and the Karbi Ang
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long
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Autonomous Council under paragraph 3 or under this paragraph shall, in so far as
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they relate to
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matters specified in List III of the Seventh Schedule, be submitted forthwith to
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the Governor who
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shall reserve the same for the consideration of the President.
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(3) When a law is reserved for the consideration of the President, the President
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shall declare
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either that he assents to the said law or that he withholds assent therefrom:
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Provided that the President may direct the Governor to return the law to the Nor
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th Cachar Hills
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Autonomous Council or the Karbi Anglong Autonomous Council, as the case may be,
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together
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with a message requesting that the said Council will reconsider the law or any s
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pecified provisions
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thereof and, in particular, will consider the desirability of introducing any su
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ch amendments as he
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may recommend in his message and, when the law is so returned, the said Council
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shall
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consider the law accordingly within a period of six months from the date of rece
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ipt of such
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message and, if the law is again passed by the said Council with or without amen
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dment it shall be
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presented again to the President for his consideration."
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244
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THE CONSTITUTION OF INDIA
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(Foot-note Continue),3. After paragraph 3A, the following paragraph has been ins
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erted in its application to the State of Assam by
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the Sixth Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2,
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namely:-3B. Additional powers of the Bodoland Territorial Council to make laws.
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—(1) Without
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prejudice to the provisions of paragraph 3, the Bodoland Territorial Council wit
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hin its areas shall
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have power to make laws with respect to :(i) agriculture, including agricultural
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education and research, protection against pests
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and prevention of plant diseases; (ii) animal husbandry and veterinary, that is
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to say,
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preservation, protection and improvement of stock and prevention of animal disea
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ses, veterinary
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training and practice, cattle pounds; (iii) co-operation; (iv) cultural affairs;
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(v) education, that
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is to say, primary education, higher secondary including vocational training, ad
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ult education,
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college education (general); (vi) fisheries; (vii) flood control for protection
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of village, paddy
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fields, markets and towns (not of technical nature); (viii) Food and civil suppl
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y; (ix) forests
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(other than reserved forests); (x) handloom and textile; (xi) health and family
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welfare, (xii)
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intoxicating liquors, opium and derivatives, subject to the provisions of entry
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84 of List I of the
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Seventh Schedule; (xiii) irrigation; (xiv) labour and employment; (xv) land and
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revenue; (xvi)
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library services (financed and controlled by the State Government); (xvii) lotte
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ries (subject to
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the provisions of entry 40 of List I of the Seventh Schedule), theatres, dramati
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c performances
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and cinemas (subject to the provisions of entry 60 of List I of the Seventh Sche
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dule); (xviii)
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markets and fairs; (xix) municipal corporation, improvement trust, district boar
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ds and other
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local authorities; (xx) museum and archaeology institutions controlled or financ
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ed by the State,
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ancient and historical monuments and records other than those declared by or und
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er any law
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made by Parliament to be of national importance; (xxi) panchayat and rural devel
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opment;
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(xxii) planning and development; (xxiii) printing and stationery; (xxiv) pubic h
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ealth
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engineering; (xxv) public works department; (xxvi) publicity and public relation
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s; (xxvii)
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registration of births and deaths; (xxviii) relief and rehabilitation; (xxix) se
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riculture; (xxx)
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small, cottage and rural industry subject to the provisions of entries 7 and 52
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of List I of the
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Seventh Schedule; (xxxi) social Welfare; (xxxii) soil conservation; (xxxiii) spo
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rts and youth
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welfare; (xxxiv) statistics; (xxxv) tourism; (xxxvi) transport (roads, bridges,
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ferries and other
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means of communications not specified in List I of the Seventh Schedule, municip
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al tramways,
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ropeways, inland waterways and traffic thereon subject to the provision of List
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I and List III of
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the Seventh Schedule with regard to such waterways, vehicles other than mechanic
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ally
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propelled vehicles); (xxxvii) tribal research institute controlled and financed
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by the State
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Government; (xxxviii) urban development—town and country planning; (xxxix) wei
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ghts
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and measures subject to the provisions of entry 50 of List I of the Seventh Sche
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dule; and (xl)
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Welfare of plain tribes and backward classes:
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Provided that nothing in such laws shall—
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(a) extinguish or modify the existing rights and privileges of any citizen in
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respect of his land at the date of commencement of this Act; and
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(b) disallow and citizen from acquiring land either by way of inheritance,
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allotment, settlement or by any other way of transfer if such citizen is otherwi
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se
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eligible for such acquisition of land within the Bodoland Territorial Areas Dist
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rict.
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(2) All laws made under paragraph 3 or under this paragraph shall in so far as t
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hey relate
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to matters specified in List III of the Seventh Schedule, be submitted forthwith
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to the Governor
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who shall reserve the same for the consideration of the President.
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245
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THE CONSTITUTION OF INDIA
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of all areas within such region and the District Council for an autonomous
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district in respect of all areas within the district except those which are unde
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r
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the authority of Regional Councils, if any, within the district shall have power
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to make laws with respect to—
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(a) the allotment, occupation or use, or the setting apart, of land,
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other than any land which is a reserved forest for the purposes of
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agriculture or grazing or for residential or other non-agricultural
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purposes or for any other purpose likely to promote the interests of the
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inhabitants of any village or town:
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Provided that nothing in such laws shall prevent the compulsory
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acquisition of any land, whether occupied or unoccupied, for public
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purposes by the Government of the State concerned in accordance with
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the law for the time being in force authorising such acquisition;
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(b) the management of any forest not being a reserved forest;
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(c) the use of any canal or water-course for the purpose of
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agriculture;
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(d) the regulation of the practice of jhum or other forms of shifting
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cultivation;
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(e) the establishment of village or town committees or councils
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and their powers;
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||
(f) any other matter relating to village or town administration,
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||
including village or town police and public health and sanitation;
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||
(g) the appointment or succession of Chiefs or Headmen;
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(h) the inheritance of property;
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(i) marriage and divorce;
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(j) social customs.
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||
(Foot-note Continue),(3) When a law is reserved for the consideration of the Pre
|
||
sident, the President shall
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||
declare either that he assents to the said law or that he withholds assent there
|
||
from:
|
||
Provided that the President may direct the Governor to return the law to the Bod
|
||
oland
|
||
Territorial Council, together with the message requesting that the said Council
|
||
will reconsider
|
||
the law or any specified provisions thereof and, in particular, will consider th
|
||
e desirability of
|
||
introducing any such amendments as he may recommend in his message and, when the
|
||
law is
|
||
so returned, the said Council shall consider the law accordingly within a period
|
||
of six month
|
||
from the date of receipt of such message and, if the law is again passed by the
|
||
said Council with
|
||
or without amendments it shall be presented again to the President for his consi
|
||
deration.”.
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
246
|
||
|
||
(2) In this paragraph, a “reserved forest” means any area which is a
|
||
reserved forest under the Assam Forest Regulation, 1891, or under any other
|
||
law for the time being in force in the area in question.
|
||
(3) All laws made under this paragraph shall be submitted forthwith to
|
||
the Governor and, until assented to by him, shall have no effect.
|
||
1
|
||
|
||
4. Administration of justice in autonomous districts and
|
||
autonomous regions.—(1) The Regional Council for an autonomous region in
|
||
respect of areas within such region and the District Council for an autonomous
|
||
district in respect of areas within the district other than those which are unde
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||
r
|
||
the authority of the Regional Councils, if any, within the district may constitu
|
||
te
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||
village councils or courts for the trial of suits and cases between the parties
|
||
all
|
||
of whom belong to Scheduled Tribes within such areas, other than suits and
|
||
cases to which the provisions of sub-paragraph (1) of paragraph 5 of this
|
||
Schedule apply, to the exclusion of any court in the State, and may appoint
|
||
suitable persons to be members of such village councils or presiding officers of
|
||
such courts, and may also appoint such officers as may be necessary for the
|
||
administration of the laws made under paragraph 3 of this Schedule.
|
||
(2) Notwithstanding anything in this Constitution, the Regional Council
|
||
for an autonomous region or any court constituted in that behalf by the
|
||
Regional Council or, if in respect of any area within an autonomous district
|
||
there is no Regional Council, the District Council for such district, or any cou
|
||
rt
|
||
constituted in that behalf by the District Council, shall exercise the powers of
|
||
a
|
||
court of appeal in respect of all suits and cases triable by a village council o
|
||
r
|
||
court constituted under sub-paragraph (1) of this paragraph within such region
|
||
or area, as the case may be, other than those to which the provisions of subpara
|
||
graph (1) of paragraph 5 of this Schedule apply, and no other court except
|
||
the High Court and the Supreme Court shall have jurisdiction over such suits or
|
||
cases.
|
||
(3) The High Court shall have and exercise such jurisdiction over the
|
||
suits and cases to which the provisions of sub-paragraph (2) of this paragraph
|
||
apply as the Governor may from time to time by order specify.
|
||
|
||
______________________________________________
|
||
1. Paragraph 4 has been amended in its application to the State of Assam by the
|
||
Sixth Schedule to the
|
||
Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, so as to insert the follo
|
||
wing subparagraph after sub-paragraph (5), namely :—
|
||
“(6) Nothing in this paragraph shall apply to the Bodoland Territorial Council
|
||
constituted
|
||
under the proviso to sub-paragraph (3) of paragraph 2 of this Schedule.” .
|
||
|
||
247
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
(4) A Regional Council or District Council, as the case may be, may
|
||
with the previous approval of the Governor make rules regulating —
|
||
(a) the constitution of village councils and courts and the powers
|
||
to be exercised by them under this paragraph;
|
||
(b) the procedure to be followed by village councils or courts in the
|
||
trial of suits and cases under sub-paragraph (1) of this paragraph;
|
||
(c) the procedure to be followed by the Regional or District Council
|
||
or any court constituted by such Council in appeals and other proceedings
|
||
under sub-paragraph (2) of this paragraph;
|
||
(d) the enforcement of decisions and orders of such councils and
|
||
courts;
|
||
(e) all other ancillary matters for the carrying out of the provisions
|
||
of sub-paragraphs (1) and (2) of this paragraph.
|
||
(5) On and from such date as the President may, after consulting the
|
||
Government of the State concerned, by notification appoint in this behalf, this
|
||
paragraph shall have effect in relation to such autonomous district or region as
|
||
may be specified in the notification, as if—
|
||
(i) in sub-paragraph (1), for the words “between the parties all of
|
||
whom belong to Scheduled Tribes within such areas, other than suits and
|
||
cases to which the provisions of sub-paragraph (1) of paragraph 5 of this
|
||
Schedule apply,”, the words “not being suits and cases of the nature
|
||
referred to in sub-paragraph (1) of paragraph (5) of this Schedule, which
|
||
the Governor may specify in this behalf,” had been substituted;
|
||
(ii) sub-paragraphs (2) and (3) had been omitted;
|
||
(iii) in sub-paragraph (4)—
|
||
(a) for the words “A Regional Council or District Council, as
|
||
the case may be, may with the previous approval of the Governor
|
||
make rules regulating”, the words “the Governor may make rules
|
||
regulating” had been substituted; and
|
||
(b) for clause (a), the following clause had been substituted,
|
||
namely:—
|
||
“(a) the constitution of village councils and courts, the
|
||
powers to be exercised by them under this paragraph and the
|
||
courts to which appeals from the decisions of village councils
|
||
and courts shall lie;”;
|
||
|
||
248
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
(c) for clause (c), the following clause had been substituted,
|
||
namely:—
|
||
“(c) the transfer of appeals and other proceedings
|
||
pending before the Regional or District Council or any court
|
||
constituted by such Council immediately before the date
|
||
appointed by the President under sub-paragraph (5);”; and
|
||
(d) in clause (e), for the words, brackets and figures “subparagraphs (1) and
|
||
(2)”, the word, brackets and figure “subparagraph (1)” had been substitute
|
||
d.
|
||
5. Conferment of powers under the Code of Civil Procedure, 1908,
|
||
and the Code of Criminal Procedure, 1898 1 , on the Regional and District
|
||
Councils and on certain courts and officers for the trial of certain suits,
|
||
cases and offences.—(1) The Governor may, for the trial of suits or cases
|
||
arising out of any law in force in any autonomous district or region being a law
|
||
specified in that behalf by the Governor, or for the trial of offences punishabl
|
||
e
|
||
with death, transportation for life, or imprisonment for a term of not less than
|
||
five years under the Indian Penal Code or under any other law for the time
|
||
being applicable to such district or region, confer on the District Council or t
|
||
he
|
||
Regional Council having authority over such district or region or on courts
|
||
constituted by such District Council or on any officer appointed in that behalf
|
||
by the Governor, such powers under the Code of Civil Procedure, 1908, or, as
|
||
the case may be, the Code of Criminal Procedure, 18981, as he deems
|
||
appropriate, and thereupon the said Council, court or officer shall try the suit
|
||
s,
|
||
cases or offences in exercise of the powers so conferred.
|
||
(2) The Governor may withdraw or modify any of the powers conferred
|
||
on a District Council, Regional Council, court or officer under sub-paragraph
|
||
(1) of this paragraph.
|
||
(3) Save as expressly provided in this paragraph, the Code of Civil
|
||
Procedure, 1908, and the Code of Criminal Procedure, 18981, shall not apply to
|
||
the trial of any suits, cases or offences in an autonomous district or in any
|
||
autonomous region to which the provisions of this paragraph apply.
|
||
(4) On and from the date appointed by the President under subparagraph (5) of pa
|
||
ragraph 4 in relation to any autonomous district or
|
||
autonomous region, nothing contained in this paragraph shall, in its application
|
||
to that district or region, be deemed to authorise the Governor to confer on the
|
||
District Council or Regional Council or on courts constituted by the District
|
||
Council any of the powers referred to in sub-paragraph (1) of this paragraph.
|
||
|
||
______________________________________________
|
||
1. See now the Code of Criminal Procedure, 1973 (Act 2 of 1974).
|
||
|
||
249
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
6. Powers of the District Council to establish primary schools, etc.—
|
||
(1) The District Council for an autonomous district may establish, construct, or
|
||
manage primary schools, dispensaries, markets, cattle pounds, ferries, fisheries
|
||
,
|
||
roads, road transport and waterways in the district and may, with the previous
|
||
approval of the Governor, make regulations for the regulation and control
|
||
thereof and, in particular, may prescribe the language and the manner in which
|
||
primary education shall be imparted in the primary schools in the district.
|
||
(2) The Governor may, with the consent of any District Council, entrust
|
||
either conditionally or unconditionally to that Council or to its officers
|
||
functions in relation to agriculture, animal husbandry, community projects, coop
|
||
erative societies, social welfare, village planning or any other matter to
|
||
which the executive power of the State extends.
|
||
7. District and Regional Funds.—(1) There shall be constituted for
|
||
each autonomous district, a District Fund and for each autonomous region, a
|
||
Regional Fund to which shall be credited all moneys received respectively by
|
||
the District Council for that district and the Regional Council for that region
|
||
in
|
||
the course of the administration of such district or region, as the case may be,
|
||
in
|
||
accordance with the provisions of this Constitution.
|
||
(2) The Governor may make rules for the management of the District
|
||
Fund, or, as the case may be, the Regional Fund and for the procedure to be
|
||
followed in respect of payment of money into the said Fund, the withdrawal of
|
||
moneys therefrom, the custody of moneys therein and any other matter
|
||
connected with or ancillary to the matters aforesaid.
|
||
(3) The accounts of the District Council or, as the case may be, the
|
||
Regional Council shall be kept in such form as the Comptroller and AuditorGenera
|
||
l of India may, with the approval of the President, prescribe.
|
||
(4) The Comptroller and Auditor-General shall cause the accounts of the
|
||
District and Regional Councils to be audited in such manner as he may think
|
||
fit, and the reports of the Comptroller and Auditor-General relating to such
|
||
accounts shall be submitted to the Governor who shall cause them to be laid
|
||
before the Council.
|
||
8. Powers to assess and collect land revenue and to impose taxes.—
|
||
(1) The Regional Council for an autonomous region in respect of all lands
|
||
within such region and the District Council for an autonomous district in
|
||
respect of all lands within the district except those which are in the areas und
|
||
er
|
||
the authority of Regional Councils, if any, within the district, shall have the
|
||
power to assess and collect revenue in respect of such lands in accordance with
|
||
the principles for the time being followed by the Government of the State in
|
||
assessing lands for the purpose of land revenue in the State generally.
|
||
|
||
250
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
(2) The Regional Council for an autonomous region in respect of areas
|
||
within such region and the District Council for an autonomous district in respec
|
||
t
|
||
of all areas in the district except those which are under the authority of Regio
|
||
nal
|
||
Councils, if any, within the district, shall have power to levy and collect taxe
|
||
s on
|
||
lands and buildings, and tolls on persons resident within such areas.
|
||
(3) The District Council for an autonomous district shall have the power to levy
|
||
and collect all or any of the following taxes within such district, that is to s
|
||
ay —
|
||
(a) taxes on professions, trades, callings and employments;
|
||
(b) taxes on animals, vehicles and boats;
|
||
(c) taxes on the entry of goods into a market for sale therein, and
|
||
tolls on passengers and goods carried in ferries; and
|
||
(d) taxes for the maintenance of schools, dispensaries or roads.
|
||
(4) A Regional Council or District Council, as the case may be, may
|
||
make regulations to provide for the levy and collection of any of the taxes
|
||
specified in sub-paragraphs (2) and (3) of this paragraph and every such
|
||
regulation shall be submitted forthwith to the Governor and, until assented to
|
||
by him, shall have no effect.
|
||
1
|
||
9. Licences or leases for the purpose of prospecting for, or extraction
|
||
of, minerals.—(1) Such share of the royalties accruing each year from licences
|
||
or
|
||
leases for the purpose of prospecting for, or the extraction of, minerals grante
|
||
d by
|
||
the Government of the State in respect of any area within an autonomous district
|
||
as may be agreed upon between the Government of the State and the District
|
||
Council of such district shall be made over to that District Council.
|
||
(2) If any dispute arises as to the share of such royalties to be made over
|
||
to a District Council, it shall be referred to the Governor for determination an
|
||
d
|
||
the amount determined by the Governor in his discretion shall be deemed to be
|
||
the amount payable under sub-paragraph (1) of this paragraph to the District
|
||
Council and the decision of the Governor shall be final.
|
||
|
||
______________________________________________
|
||
1. Paragraph 9 has been amended in its application to the States of Tripura and
|
||
Mizoram by the Sixth
|
||
Schedule to the Constitution (Amendment) Act, 1988 (67 of 1988), s. 2, so as to
|
||
insert the
|
||
following sub-paragraph after sub-paragraph (2), namely :“(3) The Governor may
|
||
, by order, direct that the share of royalties to be made over to a
|
||
District Council under this paragraph shall be made over to that Council within
|
||
a period of one
|
||
year from the date of any agreement under sub-paragraph (1) or, as the case may
|
||
be, of any
|
||
determination under sub-paragraph (2).”.
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
251
|
||
|
||
1-2
|
||
|
||
10. Power of District Council to make regulations for the control
|
||
of money-lending and trading by non-tribals.—(1) The District Council
|
||
of an autonomous district may make regulations for the regulation and
|
||
control of money-lending or trading within the district by persons other than
|
||
Scheduled Tribes resident in the district.
|
||
(2) In particular and without prejudice to the generality of the foregoing
|
||
power, such regulations may—
|
||
(a) prescribe that no one except the holder of a licence issued in
|
||
that behalf shall carry on the business of money-lending;
|
||
(b) prescribe the maximum rate of interest which may be charged
|
||
or be recovered by a money-lender;
|
||
(c) provide for the maintenance of accounts by money-lenders and
|
||
for the inspection of such accounts by officers appointed in that behalf
|
||
by the District Council;
|
||
(d) prescribe that no person who is not a member of the Scheduled
|
||
Tribes resident in the district shall carry on wholesale or retail business
|
||
in any commodity except under a licence issued in that behalf by the
|
||
District Council :
|
||
Provided that no regulations may be made under this paragraph unless
|
||
they are passed by a majority of not less than three-fourths of the total
|
||
membership of the District Council:
|
||
Provided further that it shall not be competent under any such
|
||
regulations to refuse the grant of a licence to a money-lender or a trader who
|
||
has been carrying on business within the district since before the time of the
|
||
making of such regulations.
|
||
|
||
______________________________________________
|
||
1
|
||
|
||
Paragraph 10 has been amended in its application to the States of Tripura and Mi
|
||
zoram by the
|
||
Sixth Schedule to the Constitution (Amendment) Act, 1988 (67 of 1988), s.2, as u
|
||
nder-(a) in the heading, the words “by non-tribals” shall be omitted;
|
||
(b) in sub-paragraph (1), the words “other than Scheduled Tribes” shall be o
|
||
mitted;
|
||
(c) in sub-paragraph (2), for clause (d), the following clause shall be substitu
|
||
ted, namely: —
|
||
"(d) prescribe that no person resident in the district shall carry on any trade,
|
||
whether
|
||
wholesale or retail, except under a licence issued in that behalf by the Distric
|
||
t Council.”
|
||
|
||
2
|
||
|
||
Paragraph 10 has been amended in its application to the State of Assam by the Si
|
||
xth Schedule to
|
||
the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2 , so as to insert the
|
||
following subparagraph after sub-paragraph (3), namely: —
|
||
“(4) Nothing in this paragraph shall apply to the Bodoland Territorial Council
|
||
constituted
|
||
under the proviso to sub-paragraph (3) of paragraph 2 of this Schedule.”.
|
||
|
||
252
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
(3) All regulations made under this paragraph shall be submitted
|
||
forthwith to the Governor and, until assented to by him, shall have no effect.
|
||
11. Publication of laws, rules and regulations made under the
|
||
Schedule.—All laws, rules and regulations made under this Schedule by a
|
||
District Council or a Regional Council shall be published forthwith in the Offic
|
||
ial
|
||
Gazette of the State and shall on such publication have the force of law.
|
||
1-2
|
||
12. Application of Acts of Parliament and of the Legislature
|
||
of the State of Assam to autonomous districts and autonomous
|
||
regions in the State of Assam. —
|
||
(1) Notwithstanding anything in this Constitution, —
|
||
(a) no Act of the Legislature of the State of Assam in respect of any
|
||
of the matters specified in paragraph 3 of this Schedule as matters with
|
||
respect to which a District Council or a Regional Council may make laws,
|
||
and no Act of the Legislature of the State of Assam prohibiting or
|
||
restricting the consumption of any non-distilled alcoholic liquor shall apply
|
||
to any autonomous district or autonomous region in that State unless in
|
||
either case the District Council for such district or having jurisdiction over
|
||
such region by public notification so directs, and the District Council in
|
||
giving such direction with respect to any Act may direct that the Act shall
|
||
in its application to such district or region or any part thereof have effect
|
||
subject to such exceptions or modifications as it thinks fit;
|
||
(b) the Governor may, by public notification, direct that any Act
|
||
of Parliament or of the Legislature of the State of Assam to which the
|
||
provisions of clause (a) of this sub-paragraph do not apply shall not
|
||
apply to an autonomous district or an autonomous region in that State, or
|
||
shall apply to such district or region or any part thereof subject to such
|
||
exceptions or modifications as he may specify in the notification.
|
||
|
||
______________________________________________
|
||
1. Paragraph 12 has been amended to its application to the State of Assam by the
|
||
Sixth Schedule to
|
||
the Constitution (Amendment) Act, 1995 (42 of 1995), s.2, as under,‘in paragra
|
||
ph 12, in sub-paragraph (1), for the words and figure “matters specified in
|
||
paragraph 3 of this Schedule”, the words, figures and letter “matters specif
|
||
ied in paragraph 3 or
|
||
paragraph 3A of this Schedule” shall be substituted.’.
|
||
2. Paragraph 12 has been amended in its application to the State of Assam by the
|
||
Sixth Schedule to the
|
||
Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, as under,—
|
||
‘in paragraph 12, in sub-paragraph (1), in clause (a), for the words, figures
|
||
and letter “matters
|
||
specified in paragraph 3 or paragraph 3A of this Schedule”, the words, figures
|
||
and letter “matters
|
||
specified in paragraph 3 or paragraph 3A or paragraph 3B of this Schedule” sha
|
||
ll be substituted.’.
|
||
|
||
253
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
(2) Any direction given under sub-paragraph (1) of this paragraph may
|
||
be given so as to have retrospective effect.
|
||
12A. Application of Acts of Parliament and of the Legislature of the
|
||
State of Meghalaya to autonomous districts and autonomous regions in the
|
||
State of Meghalaya.—Notwithstanding anything in this Constitution,—
|
||
(a) if any provision of a law made by a District or Regional
|
||
Council in the State of Meghalaya with respect to any matter specified in
|
||
sub-paragraph (1) of paragraph 3 of this Schedule or if any provision of
|
||
any regulation made by a District Council or a Regional Council in that
|
||
State under paragraph 8 or paragraph 10 of this Schedule, is repugnant to
|
||
any provision of a law made by the Legislature of the State of
|
||
Meghalaya with respect to that matter, then, the law or regulation made
|
||
by the District Council or, as the case may be, the Regional Council
|
||
whether made before or after the law made by the Legislature of the
|
||
State of Meghalaya, shall, to the extent of repugnancy, be void and the
|
||
law made by the Legislature of the State of Meghalaya shall prevail;
|
||
(b) the President may, with respect to any Act of Parliament, by
|
||
notification, direct that it shall not apply to an autonomous district or an
|
||
autonomous region in the State of Meghalaya, or shall apply to such
|
||
district or region or any part thereof subject to such exceptions or
|
||
modifications as he may specify in the notification and any such
|
||
direction may be given so as to have retrospective effect.
|
||
12AA. Application of Acts of Parliament and of the Legislature of
|
||
the State of Tripura to the autonomous districts and autonomous regions
|
||
in the State of Tripura.—Notwithstanding anything in this Constitution,—
|
||
(a) no Act of the Legislature of the State of Tripura in respect of any
|
||
of the matters specified in paragraph 3 of this Schedule as matters with
|
||
respect to which a District Council or a Regional Council may make laws,
|
||
and no Act of the Legislature of the State of Tripura prohibiting or
|
||
restricting the consumption of any non-distilled alcoholic liquor shall apply
|
||
to any autonomous district or autonomous region in that State unless, in
|
||
either case the, District Council for such district or having jurisdiction over
|
||
such region by public notification so directs, and the District Council in
|
||
giving such direction with respect to any Act may direct that the Act shall,
|
||
in its application to that district or such region or any part thereof have
|
||
effect subject to such exceptions or modifications as it thinks fit;
|
||
|
||
254
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
(b) the Governor may, by public notification, direct that any Act
|
||
of the Legislature of the State of Tripura to which the provisions of
|
||
clause (a) of this sub-paragraph do not apply, shall not apply to the
|
||
autonomous district or any autonomous region in that State, or shall
|
||
apply to that district or such region, or any part thereof, subject to such
|
||
exceptions or modifications, as he may specify in the notification;
|
||
(c) the President may, with respect to any Act of Parliament, by
|
||
notification, direct that it shall not apply to the autonomous district or an
|
||
autonomous region in the State of Tripura, or shall apply to such district
|
||
or region or any part thereof, subject to such exceptions or modifications
|
||
as he may specify in the notification and any such direction may be
|
||
given so as to have retrospective effect.
|
||
12B. Application of Acts of Parliament and of the Legislature of the
|
||
State of Mizoram to autonomous districts and autonomous regions in the
|
||
State of Mizoram.—Notwithstanding anything in this Constitution, —
|
||
(a) no Act of the Legislature of the State of Mizoram in respect of
|
||
any of the matters specified in paragraph 3 of this Schedule as matters
|
||
with respect to which a District Council or a Regional Council may
|
||
make laws, and no Act of the Legislature of the State of Mizoram
|
||
prohibiting or restricting the consumption of any non-distilled alcoholic
|
||
liquor shall apply to any autonomous district or autonomous region in
|
||
that State unless, in either case, the District Council for such district or
|
||
having jurisdiction over such region, by public notification, so directs,
|
||
and the District Council, in giving such direction with respect to any Act,
|
||
may direct that the Act shall, in its application to such district or region
|
||
or any part thereof, have effect subject to such exceptions or
|
||
modifications as it thinks fit;
|
||
(b) the Governor may, by public notification, direct that any Act
|
||
of the Legislature of the State of Mizoram to which the provisions of
|
||
clause (a) of this sub-paragraph do not apply, shall not apply to an
|
||
autonomous district or an autonomous region in that State, or shall apply
|
||
to such district or region, or any part thereof, subject to such exceptions
|
||
or modifications, as he may specify in the notification;
|
||
(c) the President may, with respect to any Act of Parliament, by
|
||
notification, direct that it shall not apply to an autonomous district or an
|
||
autonomous region in the State of Mizoram, or shall apply to such
|
||
district or region or any part thereof, subject to such exceptions or
|
||
modifications as he may specify in the notification and any such
|
||
direction may be given so as to have retrospective effect.
|
||
|
||
255
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
13. Estimated receipts and expenditure pertaining to autonomous
|
||
districts to be shown separately in the annual financial statement.—The
|
||
estimated receipts and expenditure pertaining to an autonomous district which
|
||
are to be credited to, or is to be made from, the Consolidated Fund of the State
|
||
shall be first placed before the District Council for discussion and then after
|
||
such discussion be shown separately in the annual financial statement of the
|
||
State to be laid before the Legislature of the State under article 202.
|
||
1
|
||
14. Appointment of Commission to inquire into and report on the
|
||
administration of autonomous districts and autonomous regions.—(1) The
|
||
Governor may at any time appoint a Commission to examine and report on any
|
||
matter specified by him relating to the administration of the autonomous
|
||
districts and autonomous regions in the State, including matters specified in
|
||
clauses (c), (d), (e) and (f) of sub-paragraph (3) of paragraph 1 of this Schedu
|
||
le,
|
||
or may appoint a Commission to inquire into and report from time to time on
|
||
the administration of autonomous districts and autonomous regions in the State
|
||
generally and in particular on—
|
||
(a) the provision of educational and medical facilities and
|
||
communications in such districts and regions;
|
||
(b) the need for any new or special legislation in respect of such
|
||
districts and regions; and
|
||
(c) the administration of the laws, rules and regulations made by
|
||
the District and Regional Councils;
|
||
and define the procedure to be followed by such Commission.
|
||
(2) The report of every such Commission with the recommendations of
|
||
the Governor with respect thereto shall be laid before the Legislature of the
|
||
State by the Minister concerned together with an explanatory memorandum
|
||
regarding the action proposed to be taken thereon by the Government of the
|
||
State.
|
||
(3) In allocating the business of the Government of the State among his
|
||
Ministers the Governor may place one of his Ministers specially in charge of
|
||
the welfare of the autonomous districts and autonomous regions in the State.
|
||
|
||
______________________________________________
|
||
1. Paragraph 14 has been amended in its application to the State of Assam by the
|
||
Sixth Schedule to
|
||
the Constitution (Amendment) Act, 1995 (42 of 1995) , s. 2, as under,-‘in para
|
||
graph 14, in sub-paragraph (2), the words “with the recommendations of the Gov
|
||
ernor
|
||
with respect thereto” shall be omitted.’.
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
256
|
||
|
||
1
|
||
|
||
15. Annulment or suspension of acts and resolutions of District and
|
||
Regional Councils.—(1) If at any time the Governor is satisfied that an act or
|
||
resolution of a District or a Regional Council is likely to endanger the safety
|
||
of
|
||
India or is likely to be prejudicial to public order, he may annul or suspend su
|
||
ch
|
||
act or resolution and take such steps as he may consider necessary (including
|
||
the suspension of the Council and the assumption to himself of all or any of the
|
||
powers vested in or exercisable by the Council) to prevent the commission or
|
||
continuance of such act, or the giving of effect to such resolution.
|
||
(2) Any order made by the Governor under sub-paragraph (1) of this
|
||
paragraph together with the reasons therefor shall be laid before the Legislatur
|
||
e
|
||
of the State as soon as possible and the order shall, unless revoked by the
|
||
Legislature of the State, continue in force for a period of twelve months from
|
||
the date on which it was so made:
|
||
Provided that if and so often as a resolution approving the continuance in
|
||
force of such order is passed by the Legislature of the State, the order shall
|
||
unless cancelled by the Governor continue in force for a further period of
|
||
twelve months from the date on which under this paragraph it would otherwise
|
||
have ceased to operate.
|
||
2
|
||
16. Dissolution of a District or a Regional Council.— (1) The
|
||
Governor may on the recommendation of a Commission appointed under
|
||
paragraph 14 of this Schedule by public notification order the dissolution of a
|
||
District or a Regional Council, and—
|
||
(a) direct that a fresh general election shall be held immediately
|
||
for the reconstitution of the Council, or
|
||
|
||
______________________________________________
|
||
1. Paragraph 15 has been amended in its application to the States of Tripura and
|
||
Mizoram by the
|
||
Sixth Schedule to the Constitution (Amendment) Act, 1988 (67 of 1988), s. 2, as
|
||
under,-‘(a) in the opening paragraph, for the words “by the Legislature of t
|
||
he State”, the words “by
|
||
him” shall be substituted;
|
||
(b) the proviso shall be omitted.’.
|
||
2. Paragraph 16 has been amended in its application to the States of Tripura and
|
||
Mizoram by the Sixth
|
||
Schedule to the Constitution (Amendment) Act, 1988 (67 of 1988) s. 2, as under,-
|
||
‘ (a) in sub-paragraph (1), the words “subject to the previous approval of t
|
||
he Legislature of the
|
||
State” occurring in clause (b), and the second proviso shall be omitted;
|
||
(b) for sub-paragraph (3), the following sub-paragraph shall be substituted, nam
|
||
ely:-“(3) Every order made under sub-paragraph (1) or sub-paragraph (2) of thi
|
||
s paragraph,
|
||
along with the reasons therefor shall be laid before the Legislature of the Stat
|
||
e.”.’.
|
||
|
||
257
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
(b) subject to the previous approval of the Legislature of the State
|
||
assume the administration of the area under the authority of such
|
||
Council himself or place the administration of such area under the
|
||
Commission appointed under the said paragraph or any other body
|
||
considered suitable by him for a period not exceeding twelve months:
|
||
Provided that when an order under clause (a) of this paragraph has been
|
||
made, the Governor may take the action referred to in clause (b) of this
|
||
paragraph with regard to the administration of the area in question pending the
|
||
reconstitution of the Council on fresh general election:
|
||
Provided further that no action shall be taken under clause (b) of this
|
||
paragraph without giving the District or the Regional Council, as the case may
|
||
be, an opportunity of placing its views before the Legislature of the State.
|
||
(2) If at any time the Governor is satisfied that a situation has arisen in
|
||
which the administration of an autonomous district or region cannot be carried o
|
||
n in
|
||
accordance with the provisions of this Schedule, he may, by public notification,
|
||
assume to himself all or any of the functions or powers vested in or exercisable
|
||
by
|
||
the District Council or, as the case may be, the Regional Council and declare th
|
||
at
|
||
such functions or powers shall be exercisable by such person or authority as he
|
||
may
|
||
specify in this behalf, for a period not exceeding six months:
|
||
Provided that the Governor may by a further order or orders extend the
|
||
operation of the initial order by a period not exceeding six months on each occa
|
||
sion.
|
||
(3) Every order made under sub-paragraph (2) of this paragraph with the
|
||
reasons therefor shall be laid before the Legislature of the State and shall cea
|
||
se
|
||
to operate at the expiration of thirty days from the date on which the State
|
||
Legislature first sits after the issue of the order, unless, before the expiry o
|
||
f that
|
||
period it has been approved by that State Legislature.
|
||
1
|
||
17. Exclusion of areas from autonomous districts in forming
|
||
constituencies in such districts.—For the purposes of elections to the
|
||
Legislative Assembly of Assam or Meghalaya or Tripura or Mizoram, the
|
||
Governor may by order declare that any area within an autonomous district in
|
||
the State of Assam or Meghalaya or Tripura or Mizoram, as the case may be,
|
||
shall not form part of any constituency to fill a seat or seats in the Assembly
|
||
reserved for any such district but shall form part of a constituency to fill a s
|
||
eat
|
||
or seats in the Assembly not so reserved to be specified in the order.
|
||
|
||
______________________________________________
|
||
1. Paragraph 17 has been amended in its application to the State of Assam by the
|
||
Sixth Schedule to
|
||
the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2 , so as to insert the
|
||
following proviso,
|
||
namely: —
|
||
“Provided that nothing in this paragraph shall apply to the Bodoland Territori
|
||
al Areas District.”.
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
258
|
||
|
||
*
|
||
*
|
||
*
|
||
*
|
||
*
|
||
19. Transitional provisions.—(1) As soon as possible after the
|
||
commencement of this Constitution the Governor shall take steps for the
|
||
constitution of a District Council for each autonomous district in the State
|
||
under this Schedule and, until a District Council is so constituted for an
|
||
autonomous district, the administration of such district shall be vested in the
|
||
Governor and the following provisions shall apply to the administration of the
|
||
areas within such district instead of the foregoing provisions of this Schedule,
|
||
namely:—
|
||
(a) no Act of Parliament or of the Legislature of the State shall
|
||
apply to any such area unless the Governor by public notification so
|
||
directs; and the Governor in giving such a direction with respect to any
|
||
Act may direct that the Act shall, in its application to the area or to any
|
||
specified part thereof, have effect subject to such exceptions or
|
||
modifications as he thinks fit;
|
||
(b) the Governor may make regulations for the peace and good
|
||
government of any such area and any regulations so made may repeal or
|
||
amend any Act of Parliament or of the Legislature of the State or any
|
||
existing law which is for the time being applicable to such area.
|
||
(2) Any direction given by the Governor under clause (a) of subparagraph (1) of
|
||
this paragraph may be given so as to have retrospective effect.
|
||
(3) All regulations made under clause (b) of sub-paragraph (1) of this
|
||
paragraph shall be submitted forthwith to the President and, until assented to
|
||
by him, shall have no effect.
|
||
1
|
||
|
||
______________________________________________
|
||
1. Paragraph 19 has been amended in its application to the State of Assam by the
|
||
Sixth Schedule to
|
||
the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, so as to insert the f
|
||
ollowing subparagraph after sub-paragraph (3), namely :—
|
||
‘(4) As soon as possible after the commencement of this Act, and Interim Execu
|
||
tive Council
|
||
for Bodoland Territorial Areas District in Assam shall be formed by the Governor
|
||
from amongst
|
||
leaders of the Bodo movement, including the signatories to the Memorandum of Set
|
||
tlement, and
|
||
shall provide adequate representation to the non-tribal communities in that area
|
||
:
|
||
Provided that Interim Council shall be for a period of six months during which e
|
||
ndeavour
|
||
to hold the election to the Council shall be made.
|
||
Explanation.-- For the purposes of this sub-paragraph, the expression “Memoran
|
||
dum of
|
||
Settlement” means the Memorandum signed on the 10th day of February, 2003 betw
|
||
een
|
||
Government of India, Government of Assam and Bodo Liberation Tigers.’.
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
259
|
||
|
||
20. Tribal areas.—(1) The areas specified in Parts I, II, IIA and III of
|
||
the table below shall respectively be the tribal areas within the State of Assam
|
||
,
|
||
the State of Meghalaya, the State of Tripura and the State of Mizoram.
|
||
(2) Any reference in Part I, Part II or Part III of the table below to any
|
||
district shall be construed as a reference to the territories comprised within t
|
||
he
|
||
autonomous district of that name existing immediately before the day appointed
|
||
under clause (b) of section 2 of the North-Eastern Areas (Reorganisation)
|
||
Act, 1971:
|
||
Provided that for the purposes of clauses (e) and (f) of sub-paragraph (1)
|
||
of paragraph 3, paragraph 4, paragraph 5, paragraph 6, sub-paragraph (2),
|
||
clauses (a), (b) and (d) of sub-paragraph (3) and sub-paragraph (4) of paragraph
|
||
8 and clause (d) of sub-paragraph (2) of paragraph 10 of this Schedule, no part
|
||
of the area comprised within the municipality of Shillong shall be deemed to be
|
||
within the Khasi Hills District.
|
||
(3) The reference in Part IIA in the table below to the "Tripura Tribal
|
||
Areas District" shall be construed as a reference to the territory comprising th
|
||
e
|
||
tribal areas specified in the First Schedule to the Tripura Tribal Areas
|
||
Autonomous District Council Act, 1979.
|
||
TABLE
|
||
PART I
|
||
1. The North Cachar Hills District.
|
||
2. The Karbi Anglong District.
|
||
3. The Bodoland Territorial Area District.
|
||
PART II
|
||
1. Khasi Hills District.
|
||
2. Jaintia Hills District.
|
||
3. The Garo Hills District.
|
||
PART IIA
|
||
Tripura Tribal Areas District
|
||
Part III
|
||
*
|
||
|
||
*
|
||
|
||
*
|
||
|
||
1. The Chakma District.
|
||
|
||
260
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
2. The Mara District.
|
||
3. The Lai District.
|
||
20A. Dissolution of the Mizo District Council.—(1) Notwithstanding
|
||
anything in this Schedule, the District Council of the Mizo District existing
|
||
immediately before the prescribed date (hereinafter referred to as the Mizo
|
||
District Council) shall stand dissolved and cease to exist.
|
||
(2) The Administrator of the Union territory of Mizoram may, by one or
|
||
more orders, provide for all or any of the following matters, namely:—
|
||
(a) the transfer, in whole or in part, of the assets, rights and
|
||
liabilities of the Mizo District Council (including the rights and liabilities
|
||
under any contract made by it) to the Union or to any other authority;
|
||
(b) the substitution of the Union or any other authority for the
|
||
Mizo District Council, or the addition of the Union or any other
|
||
authority, as a party to any legal proceedings to which the Mizo District
|
||
Council is a party;
|
||
(c) the transfer or re-employment of any employees of the Mizo
|
||
District Council to or by the Union or any other authority, the terms and
|
||
conditions of service applicable to such employees after such transfer or
|
||
re-employment;
|
||
(d) the continuance of any laws, made by the Mizo District
|
||
Council and in force immediately before its dissolution, subject to such
|
||
adaptations and modifications, whether by way of repeal or amendment,
|
||
as the Administrator may make in this behalf, until such laws are altered,
|
||
repealed or amended by a competent Legislature or other competent
|
||
authority;
|
||
(e) such incidental, consequential and supplementary matters as
|
||
the Administrator considers necessary.
|
||
Explanation.—In this paragraph and in paragraph 20B of this Schedule,
|
||
the expression "prescribed date" means the date on which the Legislative
|
||
Assembly of the Union territory of Mizoram is duly constituted under and
|
||
in accordance with the provisions of the Government of Union Territories
|
||
Act, 1963.
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
261
|
||
|
||
1-2
|
||
|
||
20B. Autonomous regions in the Union territory of Mizoram to be
|
||
autonomous districts and transitory provisions consequent thereto.—(1)
|
||
Notwithstanding anything in this Schedule,—
|
||
(a) every autonomous region existing immediately before the
|
||
prescribed date in the Union territory of Mizoram shall, on and from that
|
||
date, be an autonomous district in that Union territory (hereafter referred
|
||
to as the corresponding new district) and the Administrator thereof may,
|
||
by one or more orders, direct that such consequential amendments as are
|
||
necessary to give effect to the provisions of this clause shall be made in
|
||
paragraph 20 of this Schedule (including Part III of the table appended to
|
||
that paragraph) and thereupon the said paragraph and the said Part III
|
||
shall be deemed to have been amended accordingly;
|
||
(b) every Regional Council of an autonomous region in the Union
|
||
territory of Mizoram existing immediately before the prescribed date
|
||
(hereafter referred to as the existing Regional Council) shall, on and
|
||
from that date and until a District Council is duly constituted for the
|
||
corresponding new district, be deemed to be the District Council of that
|
||
district (hereafter referred to as the corresponding new District Council).
|
||
|
||
______________________________________________
|
||
1. After paragraph 20B, the following paragraph has been inserted in its applica
|
||
tion to the State of Assam by
|
||
the Sixth Schedule to the Constitution (Amendment) Act, 1995 (42 of 1995), s. 2,
|
||
namely:—
|
||
“20BA. Exercise of discretionary powers by the Governor in the discharge of hi
|
||
s
|
||
functions. — The Governor in the discharge of his functions under sub-paragrap
|
||
hs (2) and (3) of
|
||
paragraph 1, sub-paragraphs (1), (6), sub-paragraph (6A) excluding the first pro
|
||
viso and subparagraph (7) of paragraph 2, sub-paragraph (3) of paragraph 3, sub-
|
||
paragraph (4) of paragraph 4,
|
||
paragraph 5, sub-paragraph (1) of paragraph 6, sub-paragraph (2) of paragraph 7,
|
||
sub-paragraph
|
||
(4) of paragraph 8, sub-paragraph (3) of paragraph 9, sub-paragraph (3) of parag
|
||
raph 10, subparagraph (1) of paragraph 14, sub-paragraph (1) of paragraph 15 and
|
||
sub-paragraphs (1) and (2)
|
||
of paragraph 16 of this Schedule, shall, after consulting the Council of Ministe
|
||
rs and the North
|
||
Cachar Hills Autonomous Council or the Karbi Anglong Autonomous Council, as the
|
||
case may
|
||
be, take such action as he considers necessary in his discretion.” .
|
||
2. After paragraph 20B, the following paragraph has been inserted in its applica
|
||
tion to the States of
|
||
Tripura and Mizoram, by the Sixth Schedule to the Constitution (Amendment) Act,
|
||
1988 (67 of
|
||
1988), s. 2, namely: —
|
||
“20BB. Exercise of discretionary powers by the Governor in the discharge of hi
|
||
s
|
||
functions.-The Governor, in the discharge of his functions under sub-paragraphs
|
||
(2) and (3) of
|
||
paragraph 1, sub-paragraphs (1) and (7) of paragraph 2, sub-paragraph (3) of par
|
||
agraph 3, subparagraph (4) of paragraph 4, paragraph 5, sub-paragraph (1) of par
|
||
agraph 6, sub-paragraph (2) of
|
||
paragraph 7, sub-paragraph (3) of paragraph 9, sub-paragraph (1) of paragraph 14
|
||
, sub-paragraph
|
||
(1) of paragraph 15 and sub-paragraphs (1) and (2) of paragraph 16 of this Sched
|
||
ule, shall, after
|
||
consulting the Council of Ministers, and if he thinks it necessary, the District
|
||
Council or the
|
||
Regional Council concerned, take such action as he considers necessary in his di
|
||
scretion.” .
|
||
|
||
262
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
(2) Every member whether elected or nominated of an existing Regional
|
||
Council shall be deemed to have been elected or, as the case may be, nominated t
|
||
o
|
||
the corresponding new District Council and shall hold office until a District Co
|
||
uncil
|
||
is duly constituted for the corresponding new district under this Schedule.
|
||
(3) Until rules are made under sub-paragraph (7) of paragraph 2 and subparagraph
|
||
(4) of paragraph 4 of this Schedule by the corresponding new
|
||
District Council, the rules made under the said provisions by the existing
|
||
Regional Council and in force immediately before the prescribed date shall
|
||
have effect in relation to the corresponding new District Council subject to suc
|
||
h
|
||
adaptations and modifications as may be made therein by the Administrator of
|
||
the Union territory of Mizoram.
|
||
(4) The Administrator of the Union territory of Mizoram may, by one
|
||
or more orders, provide for all or any of the following matters, namely:—
|
||
(a) the transfer in whole or in part of the assets, rights and liabilities of
|
||
the existing Regional Council (including the rights and liabilities under any
|
||
contract made by it) to the corresponding new District Council;
|
||
(b) the substitution of the corresponding new District Council for
|
||
the existing Regional Council as a party to the legal proceedings to
|
||
which the existing Regional Council is a party;
|
||
(c) the transfer or re-employment of any employees of the existing
|
||
Regional Council to or by the corresponding new District Council, the
|
||
terms and conditions of service applicable to such employees after such
|
||
transfer or re-employment;
|
||
(d) the continuance of any laws made by the existing Regional
|
||
Council and in force immediately before the prescribed date, subject to
|
||
such adaptations and modifications, whether by way of repeal or
|
||
amendment, as the Administrator may make in this behalf until such
|
||
laws are altered, repealed or amended by a competent Legislature or
|
||
other competent authority;
|
||
(e) such incidental, consequential and supplementary matters as
|
||
the Administrator considers necessary.
|
||
20C. Interpretation.—Subject to any provision made in this behalf, the
|
||
provisions of this Schedule shall, in their application to the Union territory o
|
||
f
|
||
Mizoram, have effect—
|
||
(1) as if references to the Governor and Government of the State
|
||
were references to the Administrator of the Union territory appointed
|
||
under article 239, references to State (except in the expression
|
||
"Government of the State") were references to the Union territory of
|
||
Mizoram and references to the State Legislature were references to the
|
||
Legislative Assembly of the Union territory of Mizoram;
|
||
|
||
263
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
(2) as if—
|
||
(a) in sub-paragraph (5) of paragraph 4, the provision for
|
||
consultation with the Government of the State concerned had been
|
||
omitted;
|
||
(b) in sub-paragraph (2) of paragraph 6, for the words "to
|
||
which the executive power of the State extends", the words "with
|
||
respect to which the Legislative Assembly of the Union territory
|
||
of Mizoram has power to make laws" had been substituted;
|
||
(c) in paragraph 13, the words and figures "under article
|
||
202" had been omitted.
|
||
21. Amendment of the Schedule.—(1) Parliament may from time to
|
||
time by law amend by way of addition, variation or repeal any of the provisions
|
||
of this Schedule and, when the Schedule is so amended, any reference to this
|
||
Schedule in this Constitution shall be construed as a reference to such Schedule
|
||
as so amended.
|
||
(2) No such law as is mentioned in sub-paragraph (1) of this paragraph
|
||
shall be deemed to be an amendment of this Constitution for the purposes of
|
||
article 368.
|
||
|
||
|