Constitution of India Schedule 6 - Bare Act |
| State | Central Government |
| Year | 1950 |
| Section Title | Sixth Schedule |
SIXTHSCHEDULE
[Articles244(2) and 275(1)]
Provisionsas to the Administration of Tribal Areas in 1 [2 [the Statesof Assam, 3 [Meghalaya, Tripura]andMizoram]]
1.Autonomous districts and autonomous regions
(1)Subject to the provisions of this paragraph, the tribal areas in each item of 4 [5 [PartsI, II and IIA] and in Part III] of the table appended to paragraph 20 of thisSchedule shall be an autonomous district.
(2)If there are different Scheduled Tribes in an autonomous district, the Governormay, by public notification, divide the area or areas inhabited by them intoautonomous regions6 .
(3)The Governor may, by public notification,-
(a)include any area in 4 [any of the Parts] of the said table,
(b)exclude any area from 4 [any of the Parts] of the said table,
(c)create a new autonomous district,
(d)increase the area of any autonomous district,
(e)diminish the area of any autonomous district,
(f)unite two or more autonomous districts or parts thereof so as to form oneautonomous district,
7 [(ff)alter the name of any autonomous district,]
(g)define the boundaries of any autonomous district:
Providedthat no order shall be made by the Governor under clauses (c), (d), (c) and (f)of this sub-paragraph except after consideration of the report of a Commissionappointed under sub-paragraph (1) of paragraph 14 of this Schedule:
8 [Providedfurther that any order made by me Governor under this sub-paragraph may containsuch incidental and consequential provisions (including any amendment ofparagraph 20 and of any item in any of the Parts of the said table) as appear tothe Governor to be necessary for giving effect to the provisions of the order.]
2.Constitution of District Councils and Regional Councils
9 [(1)There shall be a District Council for each autonomous district consisting of notmore than thirty members, of whom not more than four persons shall be nominatedby the Governor and the rest shall be elected on the basis of adult suffrage.]10
(2)There shall be a separate Regional Council for each area constituted anautonomous region under sub-paragraph (2) of paragraph 1 of this Schedule.
(3)Each District Council and each Regional Council shall be a body corporate by thename respectively of 'the District Council of (name of district)' and 'theRegional Council of (name of region)', shall have perpetual succession and acommon seal and shall by the said name sue and be sued.11*
(4)Subject to the provisions of this Schedule, the administration of an autonomousdistrict shall, in so far as it is not vested under this Schedule in anyRegional Council within such district, be vested in the District Council forsuch district and the administration of an autonomous region shall be vested inthe Regional Council for such region.
(5)In an autonomous district with Regional Councils, the District Council shallhave only such powers with respect to the areas under the authority of theRegional Council as may be delegated to it by the Regional Council in additionto the powers conferred on it by this Schedule with respect to such areas.
(6)The Governor shall make rules for the first constitution of District Councilsand Regional Councils in consultation with the existing tribal Councils or otherrepresentative tribal organisations within the autonomous districts or regionsconcerned, and such rules shall provide for-
(a)the composition of the District Councils and Regional Councils and theallocation of seats therein;
(b)the delimitation of territorial constituencies for the purpose of elections tothose Councils; -
(c)the qualifications for voting at such elections and the preparation of electoralrolls therefor;
(d)the qualifications for being elected at such elections as members of suchCouncils;
(e)the term of office of members of 12 [Regional Councils];
(f)any other matter relating to or connected with elections or nominations to suchCouncils;
(g)the procedure and the conduct of business 7 [including the power toact notwithstanding any vacancy] in the District and Regional Councils;
(h)the appointment of officers and staff of the District and Regional Councils.
7 [(6A)The elected members of the District Council shall hold office for a term of fiveyears from the date appointed for the first meeting of the Council after thegeneral elections to the Council, unless the District Council is soonerdissolved under paragraph 16 and a nominated member shall hold office at thepleasure of the Governor:
Providedthat the said period of five years may, while a Proclamation of Emergency is inoperation or if circumstances exist which, in the opinion of the Governor,render the holding of elections impracticable, be extended by the Governor for aperiod not exceeding one year at a time and in any case where a Proclamation ofEmergency is in operation not extending beyond a period of six months after theProclamation has ceased to operate:
Providedfurther that a member elected to fill a casual vacancy shall hold office onlyfor the remainder of the term of office of the member whom he replaces.]
(7)The District or the Regional Council may after its first constitution make rules13 [with the approval of the Governor] with regard to the mattersspecified in sub-paragraph (6) of this paragraph and may also make rules 13 [withlike approval] regulating-
(a)the formation of subordinate local Councils or Boards and their procedure andthe conduct of their business; and
(b)generally all matters relating to the transaction of business pertaining to theadministration of the district or region, as the case may be:
Providedthat until rules are made by the District or the Regional Council under thissub-paragraph the rules made by the Governor under sub-paragraph (6) of thisparagraph shall have effect in respect of elections to, the officers and staffof, and the procedure and the conduct of business in, each such Council.
14 [***]
3.Powers of the District Councils and Regional Councils to make laws
(1)The Regional Council for an autonomous region in respect of all areas withinsuch region and the District Council for an autonomous district in respect ofall areas within the district except those which are under the authority ofRegional Councils, if any, within the district shall have power to make lawswith respect to-
(a)the allotment, occupation or use, or the setting apart, of land, other than anyland which is a reservedforest for the purposes of agriculture or grazing or for residential or othernon-agricultural purposes or for any other purpose likely to promote theinterests of the inhabitants ofany village or town:
Providedthat nothing in such laws shall prevent the compulsory acquisitionof any land, whether occupied or unoccupied, for public purposes 15 [bythe Governmentof the State concerned] in accordance with the law for the time being in forceauthorisingsuch acquisition;
(b)the management of any forest not being a reserved forest;
(c)the use of any canal or water-course for the purpose of agriculture;
(d)the regulation of the practice of jhum or other forms of shifting cultivation;
(e)the establishment of village or town committees or councils and their powers;
(f)any other matter relating to village or town administration, including villageor town police and publichealth and sanitation;
(g)the appointment or succession of Chiefs or Headmen;
(h)the inheritance of property;
16 [(i)marriage and divorce;]
(j)social customs.
(2)In this paragraph, a 'reserved forest' means any area which is a reserved forestunder the Assam Forest Regulation, 1891, or under any other law for the timebeing in force in the area in question.
(3)All laws made under this paragraph shall be submitted forthwith to the Governorand, until assented to by him, shall have no effect17* .
4.Administration of justice in autonomous districts and autonomous regions
(1)The Regional Council for an autonomous region in respect of areas within suchregion and the District Council for an autonomous district in respect of areaswithin the district other man those which are under the authority of theRegional Councils, if any, within the district may constitute village councilsor courts for the trial of suits and cases between the parties all of whombelong to Scheduled Tribes within such areas, other than suits and cases towhich 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 tobe members of such village councils or presiding officers of such courts, andmay also appoint such officers as may be necessary for the administration of thelaws made under paragraph 3 of this Schedule.
(2)Notwithstanding anything in this Constitution, the Regional Council for anautonomous region or any court constituted in that behalf by the RegionalCouncil or, if in respect of any area within an autonomous district there is noRegional Council, the District Council for such district, or any courtconstituted in that behalf by the District Council, shall exercise the powers ofa court of appeal in respect of all suits and cases triable by a village councilor court constituted under sub-paragraph (1) of this paragraph within suchregion or area, as the case may be, other than those to which the provisions ofsub-paragraph (1) of paragraph 5 of this Schedule apply, and no other courtexcept the High Court and the Supreme Court shall have jurisdiction over suchsuits or cases.
(3)The High Court 18 [***] shall have and exercise such jurisdiction overthe suits and cases to which the provisions of sub-paragraph (2) of thisparagraph apply as the Governor may from time to time by order specify.
(4)A Regional Council or District Council, as the case may be, may with theprevious approval of the Governor make rules regulating-
(a)the constitution of village councils and courts and the powers to be exercisedby them under thisparagraph;
(b)the procedure to be followed by village councils or courts in the trial of suitsand cases under sub-paragraph(1) of this paragraph;
(c)the procedure to be followed by the Regional or District Council or any courtconstituted by suchCouncil in appeals and other proceedings under sub-paragraph (2) of thisparagraph;
(d)the enforcement of decisions and orders of such Councils and courts:
(e)all other ancillary matters for the carrying out of the provisions ofsub-paragraphs (1) and (2) of thisparagraph.
7 [(5)On and from such date as the President may, 15 [after consulting theGovernment of the State concerned], by notification appoint in this behalf, thisparagraph shall have effect in relation to such autonomous district or region asmay be specified in the notification, as if-
(i)in sub-paragraph (1), for the words "between the parties all of whom belongto Scheduled Tribes withinsuch areas, other than suits and cases to which the provisions of sub-paragraph(1) of paragraph5 of this Schedule apply,", the words "not being suits and cases ofthe nature referred toin sub- paragraph (1) of paragraph (5) of this Schedule, which the Governor mayspecify in thisbehalf," 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 theprevious approval of the Governor make rules regulating', the words "theGovernor maymake 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 bythem underthis paragraph and the courts to which appeals from the decisions of villagecouncilsand courts shall lie;"
(c)for clause (c), the following clause had been substituted, namely:-
"(c)the transfer of appeals and other proceedings pending before the Regional orDistrictCouncil or any court constituted by such Council immediately before the dateappointedby the President under sub-paragraph (5);" and
(d)in clause (e), for the words, brackets and figures "sub-paragraphs (1) and(2)", the word, bracketsand figure "sub-paragraph (1)" had been substituted.]19
5.Conferment of powers under the Code of Civil Procedure, 1898 on theCode of Criminal Procedure, 189820 , on the Regional and DistrictCouncils and on certain courts and officers for the trial of certain suits,eases and offences
(1)The Governor may, for the trial of suits or cases arising out of any law inforce in any autonomous district or region being a law specified in that behalfby the Governor, or for the trial of offences punishable with death,transportation for life, or imprisonment for a term of not less than five yearsunder the Indian Penal Code or under any other law for the time being applicableto such district or region, confer on the District Council or the RegionalCouncil having authority over such district or region or on courts constitutedby such District Council or on any officer appointed in that behalf by theGovernor, such powers under the Code of Civil Procedure, 1908, or, as the casemay be, the Code of Criminal Procedure, 189820 , as he deemsappropriate, and thereupon the said Council, courtor officer shall try the suits, cases or offences in exercise of the powers soconferred.
(2)The Governor may withdraw or modify any of the powers conferred on a DistrictCouncil, Regional Council, court or officer under sub-paragraph (1) of thisparagraph.
(3)Save as expressly provided in this paragraph, the Code of Civil Procedure, 1908,and the Code of Criminal Procedure, 189820 ,shall not apply to the trial of any suits, cases or offences in an autonomousdistrict or in any autonomous region to which the provisions of this paragraphapply.
7 [(4)On and from the date appointed by the President under sub-paragraph (5) ofparagraph 4 in relation to any autonomous district or autonomous region, nothingcontained in this paragraph shall, in its application to that district orregion, be deemed to authorise the Governor to confer on the District Council orRegional Council or on courts constituted by the District Council any of thepowers referred to in sub-paragraph (1) of this paragraph.]
21 [6.Powers of the District Council to establish primary schools, etc.
(1)The District Council for an autonomous district may establish, construct, ormanage primary schools, dispensaries, markets, 22 [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 regulationand control thereof and, in particular, may prescribe the language and themanner in which primary education shall be imparted in the primary schools inthe district.
(2)The Governor may, with the consent of any District Council, entrust eitherconditionally or unconditionally to that Council or to its officers functions inrelation to agriculture, animal husbandry, community projects, co-operativesocieties, social welfare, village planning or any other matter to which theexecutive power of the State 23 [***] extends.]
7.District and Regional Funds
(1)There shall be constituted for each autonomous district, a District Fund foreach autonomous region, a Regional Fund to which shall be credited all moneysreceived respectively by the District Council for that district and the RegionalCouncil for that region in the course of the administration of such district orregion, as the case may be, in accordance with the provisions of thisConstitution.
24 [(2)The Governor may make rules for the management of the District Fund, or, as thecase may be, the Regional Fund and for the procedure to be followed in respectof payment of money into the said Fund, the withdrawal of moneys therefrom, thecustody of moneys therein and any other matter connected with or ancillary tothe matters aforesaid.
(3)The accounts of the District Council or, as the case may be, the RegionalCouncil shall be kept in such form as the Comptroller and Auditor-General ofIndia may, with the approval of the President, prescribe.
(4)The Comptroller and Auditor-General shall cause the accounts of the District andRegional Councils to be audited in such manner as he may think fit, and thereports of the Comptroller and Auditor General relating to such accounts shallbe submitted to the Governor who shall cause them to be laid before theCouncil.]
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 withinsuch region and the District Council for an autonomous district in respect ofall lands within the district except those which are in the areas under theauthority of Regional Councils, if any, within the district, shall have thepower to assess and collect revenue in respect of such lands in accordance withthe principles for the time being followed 15 [by the Government ofthe State in assessing lands for the purpose of land revenue in the Stategenerally].
(2)The Regional Council for an autonomous region in respect of areas within suchregion and the District Council for an autonomous district in respect of allareas in the district except those which are under the authority of RegionalCouncils, if any, within the district, shall have power to levy and collecttaxes 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 andcollect all or any of the following taxes within such district, that is tosay-
(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 onpassengers and goods carriedin 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 regulationsto provide for levy and collection of any of the taxes specified insub-paragraphs (2) and (3) of this paragraph 7 [and every suchregulation shall be submitted forthwith to the Governor and, until assented toby him, shall have no effect],
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 thepurpose of prospecting for, or the extraction of, minerals granted by 25 [theGovernment of the State]in respect of any area within an autonomous district asmay be agreed upon between 25 [the Government of the State] and theDistrict Court or 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 aDistrict Council, it shall be referred to the Governor for determination and theamount determined by the Governor in his discretion shall be deemed to be theamount payable under sub-paragraph (1) of this paragraph to the District Counciland the decision ofthe Governor shall be final.26
27 [10.Powerof District Council to make regulations for the control of money-lending andtrading by non-tribals
(1)The District Council of an autonomous district may make regulations for theregulation and control of money-lending or trading within the district bypersons 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 shallcarry on the businessof money-lending;
(b)prescribe the maximum rate of interest which may be charged or be recovered by amoney-lender;
(c)provide for the maintenance of accounts by money-lenders and for the inspectionof such accountsby officers appointed in that behalf by the District Council;
(d)prescribe that no person who is not a member of the Scheduled Tribes resident inthe district shallcarry on wholesale or retail business in any commodity except under a licenceissued in thatbehalf by the District Council:
Providedthat no regulations may be made under this paragraphunless they are passed by a majority of not less than three-fourths of the totalmembershipof the District Council:
Providedfurther that it shall not be competent under any such regulations to refuse thegrant of a licence to a money-lender or a trader who has been carrying onbusiness within the district since before the time of making of suchregulations.
(3)All regulations made under this paragraph shall be submitted forthwith to theGovernor and, until assented to by him, shall have no effect.28
11.Publication of laws, rules and regulations made under the Schedule
Alllaws, rules and regulations made under this Schedule by a District Council or aRegional Council shall be published forthwith in the Official Gazette of theState and shall on such publication have the force of law.
29 [12.30 [Applicationof Acts of Parliament and of the Legislature of the State of Assam to autonomousdistricts and autonomous regions in the State of Assam]
(1)Notwithstanding anything in this Constitution-
(a)noAct of the 31 [Legislature of the State of Assam] in respect of any ofthe matters specified in paragraph3 of this Schedule as matters with respect to which a District Council or aRegional Councilmay make laws, and no Act of the 31 [Legislature of the State ofAssam] prohibiting or restrictingthe consumption of any non-distilled alcoholic liquor shall apply to anyautonomous districtor autonomous region 8 [in the State] unless in either case theDistrict Council for such districtor having jurisdiction over such region by public notification so directs, andthe District Councilin giving such direction with respect to any Act may direct that the Act shallin its applicationto such district or region or any part thereof have effect subject to suchexceptions ormodifications as it thinks fit;32
(b)the Governor may, by public notification, direct that any Act of Parliament orof the 31 [Legislatureof the State of Assam] to which the provisions of clause (a) of thissub-paragraph do not apply shall not apply to an autonomous district or anautonomous region 8 [inthat State], or shall apply to such district or region or any part thereofsubject to such exceptionsor modifications as he may specify in the notification.
(2)Any direction given under sub-paragraph(1) of this paragraph may be given so as to have retrospective effect.
33 [12A.Application of Acts of Parliament and of the Legislature of the State ofMeghalaya to autonomous districts and autonomous regions in the State ofMeghalaya
Notwithstandinganything in this Constitution,-
(a)if any provision of a law made by a District or Regional Council in the State ofMeghalaya with respectto any matter specified in sub-paragraph (1) of paragraph 3 of this Schedule orif any provisionof any regulation made by a District Council or a Regional Council in that Stateunder paragraph8 or paragraph 10 of this Schedule, is repugnant to any provision of a law madeby theLegislature of the State of Meghalaya with respect to that matter, then, the lawor regulation madeby the District Council or, as the case may be, the Regional Council whethermade before orafter the law made by the Legislature of the Stale of Meghalaya, shall, to theextent of repugnancy,be void and the law made by the Legislature of the State of Meghalaya shallprevail;
(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 regionin the State of Meghalaya, or shall apply to such district or region or any partthereof subject to such exceptions or modifications as he may specify in thenotification and any such direction may be given so as to have retrospectiveeffect]
34 [12AA.Application of Acts of Parliament and of the Legislature of the State of Tripurato the autonomous district and autonomous regions in the State of Tripura
Notwithstandinganything in this Constitution-
(a)no Act of the Legislature of the State of Tripura in respect of any of thematters specified in paragraph 3 of this Schedule as matters with respect towhich a District Council or a Regional Council may make laws, and no Act of theLegislature of the State of Tripura prohibiting or restricting the consumptionof any non-distilled alcoholic liquor shall apply to the autonomous district oran autonomous region in that State unless, in either case, the District Councilfor that district or having jurisdiction over such region by public notificationso directs, and the District Council in giving such direction with respect toany Act direct that the Act shall, in its application to that district or suchregion or any part thereof, have effect subject to such exceptions ormodifications as it thinks fit;
(b)the Governor may, by public notification, direct that any Act of the Legislatureof the State of Tripura to which the provisions of clause (a) of thissub-paragraph do not apply, shall not apply to the autonomous district or anautonomous 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 mayspecify 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 autonomousregion in the State of Tripura, or shall apply to such district or region or anypart thereof, subject to such exceptions or modifications as he may specify inthe notification and any such direction may be given so as to have retrospectiveeffect.
35 [12B.Application of Acts of Parliament and of the Legislature of the Stateof Mizoram to autonomous districts and autonomous regions in the 36 [State]of Mizoram
Notwithstandinganything in this Constitution,-
(a)no Act of the Legislature of the State of Mizoram in respect of any of thematters specified in paragraph 3 of this Schedule as matters with respect towhich a District Council or a Regional Councilmay make laws, and no Act of Legislature of the State of Mizoram prohibiting orrestrictingthe consumption of any non-distilled alcoholic liquor shall apply to anyautonomous districtor autonomous region in that Slate unless, in either case, the District Councilfor such districtor having jurisdiction over such region, by public notification, so directs, andthe District Council,in giving such direction with respect to any Act, may direct that the Act shall,in its applicationto such district or region or any part thereof, have effect subject to suchexceptions ormodifications as it thinks fit;
(b)the Governor may, by public notification, direct that any Act of the Legislatureof the State of Mizoramto which the provisions of clause (a) of this sub-paragraph do not apply, shallnot applyto an autonomous district or an autonomous region in that Stale, or shall applyto such districtor region, or any part thereof, subject to such exceptions or modifications, ashe may specifyin the notification;
(c)the President may, with respect to any Act of Parliament, by notification,direct that it shall not applyto an autonomous district or an autonomous region in the State of Mizoram, orshall applyto such district or region or any part thereof, subject to such exceptions ormodifications ashe may specify in the notification and any such direction may be given so as tohave retrospectiveeffect.]
13.Estimated receipts and expenditure pertaining to autonomous districts to beshown separately in the annual financial statement
Theestimated receipts and expenditure pertaining to an autonomous district whichare to be credited to, or is to be made from, the Consolidated Fund of the State18 [***] shall be first placed before the District Council fordiscussion and then after such discussion be shown separately in the annualfinancial statement of the State to be laid before the Legislature of the Stateunder article 202.
14.Appointment of Commission to inquire into and report on the administration ofautonomous districts and autonomous regions
(1)The Governor may at any time appoint a Commission to examine and report on anymatter specified by him relating to the administration of the autonomousdistricts and autonomous regions in the State, including matters specified inclauses (c), (d), (e) and (f) of sub- paragraph (3) of paragraph 1 of thisSchedule, or may appoint a Commission to inquire into and report from time totime on the administration of autonomous districts and autonomous regions in theState generally and in particular on-
(a)the provision of educational and medical facilities and communications in suchdistricts and regions;
(b)the need for any new or special legislation in respect of such districts andregions; and
(c)the administration of the laws, rules and regulations made by the District andRegional Councils;anddefine the procedure to be followed by such Commission.
(2)The report of every such Commission with the recommendations of the Governorwith respect thereto shall be laid before the Legislature of the State by theMinister concerned together with an explanatory memorandum regarding the actionproposed to be taken thereon by 25 [the Government of the State].36
(3)In allocating the business of the Government of the State among his Ministersthe Governor may place one of his Ministers specially in charge of the welfareof the autonomous districts and autonomous regions in the State.
37 [15.Annulment or suspension of acts and resolutions of District and RegionalCouncils
(1)If at any timethe Governor is satisfied that an act or resolution of a District or a RegionalCouncil is likely to endanger the safety of India 7 [or is likely tobe prejudicial to public order], he may annul or suspend such act or resolutionand take such steps as he may consider necessary (including the suspension ofthe Council and the assumption to himself of all or any of the powers vested inor exercisable by the Council) to prevent the commission or continuance of suchact, or the giving of effect to such resolution.
(2)Any order made by the Governor under sub-paragraph (1) of this paragraphtogether with the reasons therefor shall be laid before the Legislature of theState as soon as possible and the order shall, unless revoked by the Legislatureof the State, continue in force for a period of twelve months from the date onwhich it was so made:
Providedthat if and so often as a resolution approving the continuance in force of suchorder is passed by the Legislature of the State, the order shall unlesscancelled by the Governor continue in force for a further period of twelvemonths from the date on which under this paragraph it would otherwise haveceased to operate.
38 [16.Dissolution of a District or a Regional Council
39 [(1)]The Governor may on the recommendation of a Commission appointed under paragraph14 of this Schedule by public notification order the dissolution of a Districtor a Regional Council, and-
(a)direct that a fresh general election shall be held immediately for thereconstitution of the Council,or
(b)subject to the previous approval of the Legislature of the State assume theadministration of the areaunder the authority of such Council himself or place the administration of sucharea under theCommission appointed under the said paragraph or any other body consideredsuitable by himfor a period not exceeding twelve months:
Providedthat when an order under clause (a) of this paragraph has been made, theGovernor may take the action referred to in clause (b) of this paragraph withregard to the administration of the area in question pending the reconstitutionof the Council on fresh general election:
Providedfurther that no action shall be taken under clause (b) of this paragraph withoutgiving the District or the Regional Council, as the case may be, an opportunityof placing its views before the Legislature of the State.
7 [(2)If at any time the Governor is satisfied that a situation has arisen in whichthe administration of an autonomous district or region cannot be carried on inaccordance with the provisions of this Schedule, he may, by public notificationassume to himself all or any of the functions or powers vested in or exercisableby the District Council or, as the case may be, the Regional Council and declarethat such functions or powers shall be exercisable by such person or authorityas he may specify in this behalf, for a period not exceeding six months:
Providedthat the Governor may by a further order or orders extend the operation of theinitial order by a period not exceeding six months on each occasion.
(3)Every order made under sub-paragraph (2) of this paragraph with the reasonstherefor shall be laid before the Legislature of the State and shall cease tooperate at the expiration of thirty days from the date on which the StateLegislature first sits after the issue of the orders, unless, before the expiryof that period it has been approved by the State Legislature.]
17.Exclusion of areas from autonomous districts in forming constituencies in suchdistricts
Forthe purposes of elections to 40 [the Legislative Assembly of Assam orMeghalaya] 41 [or Tripura] 42 [or Mizoram], the Governor mayby order declare that any area within an autonomous district 8 [in theState of Assam or Meghalaya 8 [or Tripura] 42 [or Mizoram],as the case may be,] shall not form part of any constituency to fill a seat orseats in the Assembly reserved for any such district but shall form part of aconstituency to fill a seat or seats in the Assembly not so reserved to bespecified in the order.43
44 [***]
19.Transitional provisions
(1)As soon as possible after the commencement of this Constitution the Governorshall take steps for the constitution of a District Council for each autonomousdistrict in the State under this Schedule and, until a District Council is soconstituted for an autonomous district, the administration of such districtshall be vested in the Governor and the following provisions shall apply to theadministration of the areas within such district instead of the foregoingprovisions of this Schedule, namely:-
(a)no Act of Parliament or of the Legislature of the State shall apply to any sucharea unless the Governorby public notification so directs; and the Governor in giving such a directionwith respectto any Act may direct that the Act shall, in its application to the area or toany specified partthereof, have effect subject to such exceptions or modifications as he thinksfit;
(b)the Governor may make regulations for the peace and good government of any sucharea and anyregulations so made may repeal or amend any Act of Parliament or of theLegislature of the Stateor any existing law which is for the time being applicable to such area.
(2)Any direction given by the Governor under clause (a) of sub-paragraph (1) ofthis paragraph may be given so as to have retrospective effect.
(3)All regulations made under clause (b) of sub-paragraph (1) of this paragraphshall be submitted forthwith to the President and, until assented to by him,shall have no effect.45
46 [20.Tribal areas
(1)The areas specified in Parts I, II 41 [,IIA.] and III of the tablebelow shall respectively be the tribal areas within the State of Assam, theState of Meghalaya 41 [, the State of Tripura] and the 47 [State]of Mizoram.
(2)48 [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 comprisedwithin the autonomous district of that name existing immediately before the dayappointed under clause (b) of section 2 of the North-Eastern Areas (Reorganisation)Act, 1971:
Providedthat for the purposes of clauses (e) and (f) of sub-paragraph (1) of paragraph3, 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 areacomprised within the municipality of Shillong shall be deemed to be within the 49 [KhasiHills District].
41 [(3)The reference in Part IIA in the table below to the 'Tripura Tribal AreasDistrict' shall be construed as a reference to the territory comprising thetribal areas specified in the First Schedule to the Tripura Tribal AreasAutonomous District Council Act, 1979.]
TABLE
PARTI
1.The North Cachar Hills District.
2.50 [The Karbi Anglong District.]
3.51 [The Bodoland Territorial Areas District.]
PARTII
52 [1.Khasi Hills District.
2.Jaintia Hills District.]
3.The Garo Hills District.
41 [PARTIIA
TripuraTribal Areas District.]
PARTIII
53 [***]
54 [1.The Chakma District.
55 [2.The Mara District.
3.The Lai District.]]
56 [20A.Dissolution of the Mizo District Council
(1)Notwithstanding anything in this Schedule, the District Council of the MizoDistrict existing immediately before the prescribed date (hereinafter referredto 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 theMizo District Council (includingthe rights and liabilities under any contract made by it) to the Union or to anyother authority;
(b)the substitution of the Union or any other authority for the Mizo DistrictCouncil, or the additionof the Union or any other authority, as a party to any legal proceedings towhich the MizoDistrict Council is a party;
(c)the transfer or re-employment of any employees of the Mizo District Council toor by the Union orany other authority, the terms and conditions of service applicable to suchemployees after suchtransfer or re-employment;
(d)the continuance of any laws, made by the Mizo District Council and in forceimmediately before itsdissolution, subject to such adaptations and modifications, whether by way ofrepeal or amendment,as the Administrator may make in this behalf, until such laws are altered,repealed oramended by a competent Legislature or other competent authority;
(e)such incidental, consequential and supplementary matters as the Administratorconsiders necessary.
Explanation.-Inthis paragraph and in paragraph 20B of this Schedule, the expression 'prescribeddate' means the date on which the Legislative Assembly of the Union territory ofMizoram is duly constituted under and in accordance with the provisions of theGovernment of Union Territories Act, 1963.
57 [20B.Autonomous regions in the Union territory of Mizoram to be autonomous districtsand transitory provisions consequent thereto
(1)Notwithstanding anything in this Schedule,-
(a)every autonomous region existing immediately before the prescribed date in theUnion territory ofMizoram shall, on and from that date, be an autonomous district in that Unionterritory (hereafterreferred to as the corresponding new district) and the Administrator thereofmay, by oneor more orders, direct that such consequential amendments as are necessary togive effect tothe provisions of this clause shall be made in paragraph 20 of this Schedule(including Part III ofthe table appended to that paragraph) and thereupon the said paragraph and thesaid Part III shallbe deemed to have been amended accordingly;
(b)every Regional Council of an autonomous region in the Union territory of Mizoramexisting immediatelybefore the prescribed date (hereafter referred to as the existing RegionalCouncil) shall,on and from that date and until a District Council is duly constituted for thecorrespondingnew district, be deemed to be the District Council of that district (hereafterreferredto as the corresponding new District Council).
(2)Every member whether elected or nominated of an existing Regional Council shallbe deemed to have been elected or, as the case may be, nominated to thecorresponding new District Council and shall hold office until a DistrictCouncil is duly constituted for the corresponding new district under thisSchedule.
(3)Until rules are made under sub-paragraph (7) of paragraph 2 and sub-paragraph(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 inforce immediately before the prescribed date shall have effect in relation tothe corresponding new District Council subject to such adaptations andmodifications as may be made therein by the Administrator of the Union territoryof 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 theexisting Regional Council(including the rights and liabilities under any contract made by it) to thecorresponding newDistrict Council;
(b)the substitution of the corresponding new District Council for the existingRegional Council as aparty to the legal proceedings to which the existing Regional Council is aparty;
(c)the transfer or re-employment of any employees of the existing Regional Councilto or by the correspondingnew District Council, the terms and conditions of service applicable to suchemployeesafter such transfer or re-employment;
(d)the continuance of any laws made by the existing Regional Council and in forceimmediately beforethe prescribed date, subject to such adaptations and modifications, whether byway of repealor amendment, as the Administrator may make in this behalf until such laws arealtered, repealedor amended by a competent Legislature or other competent authority;
(e)such incidental, consequential and supplementary matters as the Administratorconsiders necessary.58
59 [20C.Interpretation
Subjectto any provision made in this behalf, the provisions of this Schedule shall, intheir application to the Union territory of Mizoram, have effect-
(1)as if references to the Governor and Government of the State were references tothe Administrator of the Union territory appointed under article 239, referencesto State (except in the expression 'Government of the State') were references tothe Union territory of Mizoram and references to the State Legislature werereferences to the Legislative Assembly of the Union territory of Mizoram;
(2)as if-
(a)in sub-paragraph (5) of paragraph 4, the provision for consultation with theGovernment of the Stateconcerned had been omitted;
(b)in sub-paragraph (2) of paragraph 6, for the words 'to which the executive powerof the State extends',the words 'with respect to which the Legislative Assembly of the Union territoryof Mizoramhas 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 orrepeal any of the provisions of this Schedule and, when the Schedule is soamended, any reference to this Schedule in this Constitution shall be construedas a reference to such Schedule as so amended.
(2)No such law as is mentioned in sub-paragraph (1) of this paragraph shall bedeemed to be an amendment of this Constitution for the purposes of article 368.
________________________
1.Substitutedby the State of Mizoram Act, 1986 (34 of 1986), section 39(f), for "theState of Assam, Meghalaya and Tripura and in the Union Territory of Mizoram"(w.e.f. 20-2-1987).
2.Substitutedby the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), section71(i) and Eighth Schedule, for "Assam" (w.e.f. 21-1-1972).
3.Substitutedby the Constitution (Forty-ninth Amendment) Act, 1984, section 4, for "andMeghalaya" (w.e.f. 1-4-1985).
4.Substitutedby the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), section71(i) and Eighth Schedule, for "Part A" (w.e.f. 21-1-1972).
5.Substitutedby the Constitution (Forty-ninth Amendment) Act, 1984, section 4 for "Parts Iand II" (w.e.f. 1-4-1985).
6.Paragraph 1 has been amended in its application to the State of Assam by theSixth Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), section 2(w.e.f. 7-9-2003) so as to insert after sub-paragraph (2) the following proviso;namely:-
"Providedthat nothing in this sub-paragraph shall apply to the Bodoland Territorial AreasDistrict."
7.Insertedby the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), section 74 andFourth Schedule (w.e.f. 2-4-1970).
8.Inserted by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971),section 71(i) and English Schedule (w.e.f. 21-1-1972).
9.Substituted by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969),section 74 and Fourth Schedule, for paragraph (1) (w.e.f. 2-4-1970).
10.Paragraph 2 has been amended in its application to the state of Assam by theSixth Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), section 2(w.e.f. 7-9-2003) so as to insert after sub-paragraph (1) the following proviso;namely:-
"Providedthat the Bodoland Territorial Council shall consist of not more than forty-sixmembers of whom forty shall be elected on the basis of adult suffrage, of whomthirty shall be reserved for the Scheduled Tribes, five for non-tribalcommunities, five open for all communities and the remaining six shall benominated by the Governor having same rights and privileges as other members,including voting rights, from amongst the un-represented communities of theBodoland Territorial Areas District, of which at least two shall be women."
11.Paragraph 2 has been amended in its application to the state of Assam by theSixth Schedule to the Constitution (Amendment) Act, 1995 (42 of 1995), section 2(w.e.f. 12-9-1995) so as to insert sub-paragraph (3), the followingproviso; namely:-
"Providedthat the District Council constituted for the North Cachar Hills District shallbe called as the North Cachar Hills Autonomous Council and the District Councilconstituted for the Karbi Anglong District shall be called as the Karbi AnglongAutonomous Council."
*Paragraph 2 has been amended in its application to the State of assam by theSixth Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), section 2(w.e.f. 7-9-2003), so as to insert in sub-paragraph (3), after the proviso, thefollowing proviso, namely:--
"Providedfurther that the District Council constituted for the Bodoland Territorial AreasDistrict shall be called the Bodoland Territorial Council."
12.Inserted by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969),section 74 and Fourth Schedule for "such Councils" (w.e.f. 2-4-1970).
13.Substitutedby the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), section 74 andFourth Schedule, for certain words (w.e.f. 2-4-1970).
14.Secondproviso omitted by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969),section 74 and Fourth Schedule (w.e.f. 2-4-1970).
15.Substitutedby the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), section71(i) and Eighth Schedule, for certain words ( w.e.f. 21-1-1972).
16.Substitutedby the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), section 74 andFourth Schedule, for clause (i) ( w.e.f. 2-4-1970).
17.Paragraph3 has been amended in its application to the State of Assam by the SixthSchedule to the Constitution (Amendment) Act, 2003 (44 of 2003), section 2 (w.e.f.7-9-2003), so as to substitute for sub-paragraph (3), the followingsub-paragraph, namely:-
"(3)Save asotherwise provided in sub-paragraph (2) of paragraph 3A or sub-paragraph (2) ofparagraph 3B, all laws made under this paragraph or sub-paragraph (1) ofparagraph 3A or sub-paragraph (1) or paragraph 3B shall be submitted forthwithto the Governor and, until assented to by him, shall have no effect."
Earliersub-paragraph (3) was Substituted by the Sixth Schedule to the Constitution(Amendment) Act, 1995 (42 of 1995), section 2 (w.e.f. 12-9-1995), so as to readas under:
"(3)Save as otherwise provided in sub-paragraph (2) of paragraph 3A, all laws madeunder this paragraph or sub-paragraph or sub-paragraph (1) of paragraph 3A shallbe submitted forthwith to the Governor and, until assented to by him, untilassented to by him, shall have no effect."
*Afterparagraph 3, the following paragraph has been inserted in its application to theState of Assam by Sixth Schedule to the Constitution(Amendment) Act, 1995 (42 of 1995), section 2 (w.e.f. 12-9-1995), namely:-
"3A.Additional powers of the North Cachar hills Autonomous Council and the KarbiAnglong Autonomous Council to make law.-
(1)Without prejudice to the provisions of paragraph 3, the North Cachar HillsAutonomous Counci and the Karbi Anglong Autonomous Council within theirrespective districts, shall have power to make laws with respect to-
(a)industries, subject to the provisions of entries 7 and 52 of List I of theSeventh Schedule;
(b)communications, that is to say, roads, bridges, ferries and other means ofcommunication not specified in List I of the Seventh Schedule; municipaltramways, ropeways, inland waterways and traffic thereon subject to theprovisions of List I and List II of the Seventh Schedule with regard to suchwaterways; vehicles other than mechanically propelled vehicles;
(c)preservation, protection and improvement of stock and prevention of animaldiseases; veterinary training and practice; cattle pounds;
(d)primary and secondary education;
(e)agriculture, including agriculture education and research, protection againstpests and prevention of plant diseases;
(f)fisheries;
(g)water, that is to say, water supplies, irrigation and canals, drainage andembankments, water storage and water power subject to the provisions of entry 56of List I of the Seventh Schedule;
(h)social security and social insurance; employment and unemployment;
(i)flood control schemes for protection of villages, paddy fields, markets, towns,etc. (not of technical nature);
(j)theatre and dramatic performances, cinemas subject to the provisions of entry 60of List i of the Seventh Schedule; sports entertainments and amusements;
(k)public health and sanitation, hospitals and dispensaries;
(l)minor irrigation;
(m)trade and commerce in, and the production, supply and distribution of, foodstuffs, cattle fodder, raw cotton and raw jute;
(n)Libraries, museums and other similar institutions controlled or financed by theState; ancient and historical monuments and records other than those declared byor under any law made by Parliament to be of national importance; and
(o)alienation of land.
(2)All laws made by the North Cachar hills Autonomous Council and the Karbi AnglongAutonomous Council under paragraph 3 or under this paragraph shall, in so far asthey relate to matters specified in List III of the Seventh Schedule, besubmitted forthwith to the Governor who shall reserve the same for theconsideration of the President.
(3)When a law is reserved for the consideration of the President, the Presidentshall declare either that he assents to the said law or that he withholds assenttherefrom:
Providedthat the President may direct the Governor to return the law to the North CacharHills Autonomous Council or the Karbi Anglong Autonomous Council, as the casemay be, together with a message requesting that the said Council will reconsiderthe law or any specified provisions thereof and, in particular, will, considerthe desirability of introducing any such amendments as he may recommend in hismessage and, when the law is so returned, the said Council shall consider thelaw accordingly within a period of six months from the date of receipt of suchmessage and, if the law is again passes by the said Council with or withoutamendment it shall be presented again to the President for hisconsideration."
*Afterparagraph 3A, the following paragraph has been inserted in its application tothe State of Assam by the Sixth Schedule to the Constitution (Amendment) Act,2003 (44 of 2003), section 2 (w.e.f. 7-9-2203), namely:-
"3B.Additional powersof the BodolandTerritorial Council to make laws--
(1)Without prejudice to the provisions of paragraph 3,the BodolandTerritorial Council within its areasshall havepower to make laws with respect to:--(i) Agriculture, including agriculturaleducation and research, protection against pests and prevention of plantdiseases; (ii) Animal husbandry and verterinary, that is to say, preservation,protection and improvement of stock and prevention of animal diseases, veterinarytraining and practice, cattle pounds; (in) Cooperation; (iv) Cultural affairs;(v) Education, that is to say, primary education, highersecondary including vocational training, adult education, college education(general); (vi) Fisheries; (vii) Flood control for protection of village, paddyfields, markets and towns (not of technical nature); (viii) Food and civilsupply; (ix) Forests (other than reserved forests); (x) Handloom and textile; (xi)Health and family welfare; (xii) Intoxicating liquors, opium and derivatives,subject tothe provisions of entry 84of List I of the Seventh Schedule; (xiii) Irrigation; (xiv) Labour andemployment; (xv) Land and Revenue; (xvi) Library services (financed andcontrolled by the State Government); (xvii) Lotteries (subject to the provisionsof entry 40of List I of the Seventh Schedule), theatres,dramaticperformances and cinemas (subject to the provisions of entry 60of List I of the Seventh Schedule); (xviii) Markets and fairs; (xix) Municipalcorporation,improvement trust, district boards andother localauthorities; (xx) Museum and archaeology institutions controlled or financed bythe State, ancient and historicalmonuments and recordsother thanthose declared by or under any law made by Parliament to be of nationalimportance; (xxi) Panchayat and rural development; (xxii) Planning anddevelopment; (xxiii) Printing and stationery; (xxiv) Public health engineering;(xxv) Public works department; (xxvi) Publicity and public relations; (xxvii)Registration of births and deaths; (xxviii) Relief and rehabilitation; (xxix)Sericulture; (xxx) Small, cottage and rural industrysubject tothe provisions of entries 7and 52 ofList I of the Seventh Schedule; (xxxi) Social welfare; (xxxii) Soilconservation; (xxxiii) Sports and youth welfare; (xxxiv) Statistics; (xxxv)Tourism; (xxxvi) Transport (roads, bridges, ferries andother meansof communications not specified in List I of the Seventh Schedule, municipaltramways, ropeways, inland waterways and traffic thereonsubject tothe provision of List I and List III of the Seventh Schedule with regard to suchwaterways, vehiclesother thanmechanicallypropelled vehicles); (xxxvii) Tribal research institute controlled and financedby the State Government; (xxxviii) Urban development--town and country planning;(xxxix) Weights and measuressubject to the provisions of entry 50of List I of the Seventh Schedule; and (xl) Welfare of plain tribes and backwardclasses:
Providedthat nothing in such lawsshall--
(a)extinguish or modify the existing rights and privileges of any citizen inrespect of his landat the date of commencement of this Act; and
(b)disallow any citizen From acquiring land either by way of inheritance,allotment, settlement or by anyother way oftransfer if such citizen isotherwiseeligible for such acquisition of land within the BodolandTerritorial Areas District.
(2)All laws made under paragraph 3or under this paragraphshall in sofar as they relate to matters specified in List III of the Seventh Schedule, besubmittedforthwith to the Governor whoshall reservethe same for the consideration of the President.
(3)When a law is reserved for the consideration of the President, the Presidentshall declareeither that he assents to the said law or that he withholds assent therefrom:
Providedthat the President may direct the Governor to return the law to the BodolandTerritorial Council, together with the messagerequesting that the said Council will reconsider the law or any specifiedprovisions thereof and, in particular, will consider the desirability ofintroducing any such amendments as he may recommend in hismessage and, whenthe law is so returned the said Councilshallconsider the law accordingly within a period of six months from the date ofreceipt of such messageand, if the law is again passed by the said Council with or without amendment itshall bepresented Again to the President for hisconsideration."
18.The words "of Assam" omitted by the North-Eastern Areas (Reorganisation)Act, 1971 (81 of 1971), section 71(i) and Eighth Schedule (w.e.f. 21-1-1972).
19.Paragraph 4 has been amended in its application to the State of Assam by theSixth Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), section 2(w.e.f. 7-9-2003), so as to insert after sub-paragraph (5), the followingsub-paragraph, namely:-
"(6)Nothing in this paragraph shall apply to the Bodoland Territorial Councilconstituted under the proviso to sub-paragraph (3) of paragraph 2 of thisSchedule."
20.See now theCode of Criminal Procedure, 1973 (2 of 1974).
21.Substituted bythe Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), section 74 andFourth Schedule, for paragraph 6 (w.e.f. 2-4-1970).
22.Substitutedby the Repealing and Amending Act, 1974 (56 of 1974), section 4, for "cattleponds".
23.The words "of Assam or Meghalaya, as the case may be" omitted by the North-Eastern Areas(Reorganisation) Act, 1971 (81 of 1971), section 71(i) and Eighth Schedule (w.e.f.21-1-1972).
24.Substituted bythe Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), section 74 andFourth Schedule, for sub-paragraph (2) (w.e.f. 2-4-1970).
25.Substituted by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971),section 71(i) and Eighth Schedule for "the Government of Assam" (w.e.f.21-1-1972).
26.Paragraph9 has been amended in its application to the States of Tripura and Mizoram bythe Sixth Schedule to the Constitution (Amendment) Act, 1988, (67 of 1988),section 2 (w.e.f. 16-12-1988), so as to insert after sub-paragraph (2), thefollowing sub-paragraph namely:-
"(3)The Governor may, by order, direct that the share of royalties to be made overto a District Council under this paragraph shall be made over to that Councilwithin 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)."
27.Paragraph 10 has been amended in its application to the States of Tripuraand Mizoram by the Sixth Schedule to the Constitution (Amendment) Act, 1988, (67of 1988), section 2 (w.e.f. 16-12-1988), as under:
(a)in the heading, the words "by non-tribals" shall be omitted;
(b)in sub-paragraph (1), the words "other than Scheduled Tribes" shall beomitted
(c)in sub-paragraph (2), for clause (d), the following clause shall be substituted,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 theDistrict Council."
28.Inparagraph 10 has been amended in its application to the State of Assam by theSixth Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), section 2(w.e.f. 7-9-2003), so as to insert after sub-paragraph (3), the followingsub-paragraph, namely:-
"(4)Nothing in this paragraphshall applyto the BodolandTerritorial Council constituted under the proviso tosub-paragraph(3) ofparagraph 2of this Schedule."
29.Paragraph 12 has been amended in its application tothe State of Assam by the Sixth Schedule to the Constitution (Amendment) Act,1995 (42 of 1995), section 2 (w.e.f. 12-9-1995), so as to substitute insub-paragraph (1), for the words and figure "matters specified in paragraph3 of this Schedule", the words, figures and letter "matters specifiedin paragraph 3 or paragraph 3A of this Schedule".
30.Substituted bythe North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), section 71(i)and Eighth Schedule, for the heading (w.e.f. 21-1-1972).
31.Substituted bythe North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971) section 71(i)and Eighth Schedule, for "Legislature of the State" (w.e.f.21-1-1972).
32.Paragraph 12 has been amended in its application to the State of Assam bythe Sixth Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003),section 2 (w.e.f. 7-9-2003), so as to substitute in sub-paragraph (1), in clause(a), for the words, figures and letter "matters specified in paragraph 3 orparagraph 3A of this Schedule "the words, figures and letters "mattersspecified in paragraph 3 or paragraph 3A or paragraph 3B of this Schedule".
33.Paragraph 12A inserted by the Assam Reorgnisation (Meghalaya) Act, 1969 (55of 1969), section 74 and Fourth Schedule (w.e.f. 2-4-1970) and Substituted bythe North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), section 71(i)and Eighth Schedule (w.e.f. 21-1-1972).
34.Substituted by the Sixth Schedule to the Constitution (Amendment) Act,1988 (67 of 1988), section 2 (w.e.f. 16-12-1988), for paragraphs 12AA and 12B.Earlier paragraph 12AA was inserted by the Constitution (Forty-ninth Amendment)Act, 1984, section 4 (w.e.f. 1-4-1985).
35.Paragraph 12B substituted by the North-Eastern (Reorganisation) Act, 1971(81 of 1971), section 71(i) and Eighth Schedule, for paragraph 12A (w.e.f.21-1-1972) and again substituted by the Government of Union Territories(Amendment) Act, 1971 (83 of 1971), section 13 (w.e.f. 29-4-1972) and furthersubstituted by the Sixth Schedule to the Constitution (Amendment) Act, 1988 (67of 1988), section 2 (w.e.f. 16-12-1988).
36.Paragraph 14 has been amended in its application to the State of Assam bythe Sixth Schedule to the Constitution (Amendment) Act, 1995 (42 of 1995),section 2 (w.e.f. 12-9-1995), so as to omit in sub-paragraph (2), the words"with the recommendations of the Governor with respect thereto".
37.Paragraph 15 has been amended in its application to the State of Tripuraand Mizoram by the Sixth Schedule to the Constitution (Amendment) Act, 1988 (67of 1998), section 2 (w.e.f. 16-12-1988), so as to-
(a)In the subparagraph (2), substitute for the words "by the Legislature of the States",the words "by him".
(b)the proviso shall be omitted.
38.Paragraph 16 has been amended in its application to the States of Tripuraand Mizoram by the Sixth Schedule to the Constitution (Amendment) Act, 1988 (67of 1988), section 2 (w.e.f. 16-12-1988), as under:--
(a)in sub-paragraph (1), the words "subject to the previous approval of theLegislature of the State" occurring in clause (b), and the second provisoshall be omitted;
(b)for sub-paragraph (3), the following sub-paragraph shall be substituted,namely:--
"(3)Every order made under sub-paragraph (1) or sub-paragraph (2) of this paragraph,along with the reasons therefore shall be laid before the Legislature of theState."
39.Paragraph 16renumbered as sub-paragraph (1) thereof by the Assam Reorganisation (Meghalaya)Act, 1969 (55 of 1969), section 74 and Fourth Schedule, (w.e.f. 2-4-1970).
40.Substituted bythe North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), section 71(i)and Eighth Schedule, for "the Legislative Assembly of Assam" (w.e.f.21-1-1972).
41.Inserted by theConstitution (Forty-ninth Amendment) Act, 1984, section 4 (w.e.f. 1-4-1985).
42.Inserted by theState of Mizoram Act, 1986 (34 of 1986), section 39(f) ( w.e.f. 20-2-1987).
43.Paragraph 17 has been amended in its application to the State of Assam bythe Sixth Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003),section 2 (w.e.f. 7-9-2003), so as to insert the following proviso, namely:-
"Providedthat nothing in this paragraph shall apply to the Bodoland Territorial AreasDistrict."
44.Paragraph 18omitted by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971),section, 71(i) and Eighth Schedule (w.e.f. 21-1-1972).
45.Paragraph 19 has been amended in its application to the State of Assam by theSixth Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), section 2(w.e.f. 7-9-2003), so as to insert after sub-paragraph (3), the followingsub-paragraph, namely:-
"(4)As soon as possible after the commencement of this Act, an Interim ExecutiveCouncil for Bodoland Territorial Areas District in Assam shall be formed by theGovernor from amongst leaders of the Bodo movement, including the signatories tothe Memorandum of Settlement, and shall provide adequate representation to thenon-tribal communities in that area:
Providedthat the Inter in Council shall for a period of six months during whichendeavour to hold the election to the Council shall be made.
Explanation.-Forthe purposes of this sub-paragraph, the expression "Memorandum ofSettlement" means the Memorandum signed on the 10the day of February, 2003between Government of India, Government of Assam and Bodo Liberation Tigres."
46.Substituted by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of1971), section 71(i) and Eighth Schedule, for paragraph 20 and 20A (w.e.f.21-1-1972). Earlier paragraph 20A was inserted by the Assam Reorganisation (Meghalaya)Act, 1969 (55 of 1969), section 74 and Eighth Schedule (w.e.f. 2-4-1970).
47.Substituted bythe State of Mizoram Act, 1986 (34 of 1986), section 39(f), for "Unionterritory" (w.e.f. 20-2-1987).
48.Substituted bythe Constitution (Forty-ninth Amendment) Act, 1984, section 4 for "Anyreference in the table below" (w.e.f. 1-4-1985).
49.Substituted by the Government of Meghalaya Notification DCA 31/72/11, dated the14th June, 1973, published in the Gazette of Meghalaya, Pt. VA, dated 23rd June,1973, p. 200.
50.Substituted bythe Government of Assam Notification T-A D/R/115/74/47, dated 14th October,1976, for "The Mikir Hills District".
51. Inserted by the State of Assamby the Sixth Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003),section 2.
52.Substituted by the Government of Meghalaya Notification DCA 31/72/11, dated the14th June, 1973, published in the Gazette of Meghalaya, Pt. VA, dated 23rd June,1973, p. 200.
53.The words"the Mizo District" omitted by the Government of Union Territories(Amendment) Act, 1971 (83 of 1971), section 13 (w.e.f. 29-4-1972).
54.Inserted by theMizoram District Councils (Miscellaneous Provisions) Order 1972, published inthe Mizoram Gazette, 1972, dated the 5th May, 1972, vol. 1, Pt. II, p. 17 (w.e.f.29-4-1972).
55.Substituted bythe Sixth Schedule to the Constitution (Amendment) Act, 1988 (67 of 1988),section 2 (w.e.f. 16-12-1988), for serial numbers 2 and 3 and the entriesrelating thereto.
56.Paragraph 20A inserted by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of1969), section 74 and Fourth Schedule (w.e.f. 2-4-1970) and substituted by theGovernment of Union Territories (Amendment) Act, 1971 (83 of 1971), section 13 (w.e.f.29-4-1972).
57.Paragraph 20B substituted by the Government of Union Territories (Amendment)Act, 1971 (83 of 1971), section 13, for paragraph 20A (w.e.f. 29-4-1972).
58.After paragraph20B, the following paragraph has been inserted in its application to the Stateof Assam by the Sixth Schedule to the Constitution (Amendment) Act, 1995 (42 of1995), section 2 (w.e.f. 12-9-1995), namely:-
"20BA.Exercise of discretionary powers by the Governor in the discharge of hisfunctions.-The Governor in the discharge of his functions under sub-paragraphs(2) and (3) of paragraph 1, sub-paragraphs (1), (6), sub-paragraph (6A)excluding the first two proviso and sub-paragraph (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 paragraph 10, sub-paragraph (1) of paragraph 14,sub-paragraph (1) of paragraph 15 and sub-paragraphs (1) and (2) of paragraph 16of this Schedule, shall, after consulting the Council of Ministers and the NorthCachar Hills Autonomous Council or the Karbi Anglong Autonomous Council, as thecase may be, take such action as he considers necessary in his discretion."
Afterparagraph 20B, the following paragraph has been inserted in its application tothe State of Tripura and Mizoram, by the sixth Schedule to the Constitution(Amendment) Act, 1988 (67 of 1988), section 2 namely:-
"20BB.Exercise of discretionary power by the Governor in the discharge of hisfunctions.-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 paragraph 3, sub-paragraph (4) of paragraph 4, paragraph 5,sub-paragraph (1) of paragraph 6, sub-paragraph (2) of paragraph 7,sub-paragraph (3) of sub-paragraph 9, sub-paragraph (1) of paragraph 14,sub-paragraph (1) of paragraph 15 and sub-paragraph (1) and (2) of paragraph 16of this Schedule, shall, after consulting the Council of Ministers, and if hethinks it necessary, the District Council or the Regional Council concerned,take such action as he considers necessary in his discretion."
59.Paragraph 20C substituted by the Government of Union Territories (Amendment)Act, 1971 (83 of 1971), section 13, for paragraph 20A (w.e.f. 29-4-1972).