Sixth Schedule
[Schedule VI] Sixth Schedule (Articles 244 (2) and 275 (1)) Provisions as to
the Administration of Tribal Areas in the States of Assam, Meghalaya,
Tripura and Mizoram
Paragraph
1 Autonomous districts and autonomous regions
(1)
Subject to the provisions of this paragraph, the tribal areas in each
item of Parts I, II and IIA and in Part III of the table appended to
paragraph 20 of this Schedule shall be an autonomous district.
(2)
If there are different Scheduled Tribes in an autonomous district,
the Governor may, by public notification, divide the area or areas
inhabited by them into autonomous regions.
(3) The Governor may,
by public notification, -
(a) include any area in any of the
Parts of the said table,
(b) exclude any area from any if 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 one
autonomous district,
(ff) alter the name of any autonomous
district,
(g) define the boundaries of any autonomous
district:
Provided that no order shall be made by the Governor
under clauses (c), (d), (e) and (f) of this sub-paragraph except
after consideration of the report of a Commission appointed under
sub-paragraph (1) of paragraph 14 of this Schedule:
Provided
further that any order made by the Governor under this sub-paragraph
may contain such incidental and consequential provisions (including
any amendment of paragraph 20 and of any item in any of the Parts of
the said
table) as appear to the Governor to be necessary for
giving effect to the provisions of the order.
Paragraph
2 Constitution of District Councils and Regional Councils
(1)
There shall be a District Council for each autonomous district
consisting of not more than thirty members, of whom not more than
four persons shall be nominated by the Governor and the rest shall be
elected on the basis of adult suffrage.
(2) There shall be a
separate Regional Council for each area constituted an autonomous
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 the name respectively of "the District Council of
(name of district)" and "the Regional Council of (name of
region)", shall have perpetual succession and a common seal and
shall by the said name sue and be sued.
(4) Subject to the
provisions of this Schedule, the administration of an autonomous
district shall, in so far as it is not vested under this Schedule in
any Regional Council within such district, be vested in the District
Council for such district and the administration of an autonomous
region shall be vested in the Regional Council for such region.
(5)
In an autonomous district with Regional Councils, the District
Council shall have only such powers with respect to the areas under
the authority of the Regional Council as may be delegated to it by
the Regional Council in addition to 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 Councils and
Regional Councils in consultation with the existing tribal Councils
or other representative tribal organisations within the autonomous
districts or regions concerned, and such rules shall provide for
-
(a) the composition of the District Councils and Regional
Councils and the allocation of seats therein;
(b) the
delimitation of territorial constituencies for the purpose of
elections to those Councils;
(c) the qualifications for voting
at such elections and the preparation of electoral rolls
therefor;
(d) the qualifications for being elected at such
elections as members of such Councils;
(e) the term of office of
members of Regional Councils;
(f) any other matter relating to
or connected with elections or nominations to such Councils;
(g)
the procedure and the conduct of business (including the power to act
notwithstanding any vacancy) in the District and Regional
Councils;
(h) the appointment of officers and staff of the
District and Regional Councils.
(6A) The elected members of the
District Council shall hold office for a term of five years from the
date appointed for the first meeting of the Council after the general
elections to the Council, unless the District Council is sooner
dissolved under Paragraph 16 and a nominated member shall hold office
at the pleasure of the Governor:
Provided that the said period
of five years may, while a Proclamation of Emergency is in operation
or if circumstances exist which, in the opinion of the Governor,
render the holding of elections impracticable, be extended by the
Governor for a period not exceeding one year at a time and in any
case where a Proclamation of Emergency is in operation not extending
beyond a period of six months after the Proclamation has ceased to
operate:
Provided further that a member elected to fill a casual
vacancy shall hold office only for 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 rules with the
approval of the Governor with regard to the matters specified in
sub-paragraph (6) of this paragraph and may also make rules with like
approval regulating -
(a) the formation of subordinate local
Councils or Boards and their procedure and the conduct of their
business; and
(b) generally all matters relating to the
transaction of business pertaining to the administration of the
district or region, as the case may be:
Provided that until
rules are made by the District or the Regional Council under this
sub-paragraph the rules made by the Governor under sub-paragraph (6)
of this paragraph shall have effect in respect of elections to, the
officers and staff of, and the procedure and the conduct of business
in, each such Council.
Paragraph
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 within such region and the District Council
for an autonomous district in respect of all areas within the
district except those which are under the authority of Regional
Councils, if any, within the district shall have power to make laws
with respect to -
(a) the allotment, occupation or use, or the
setting apart, of land, other than any land which is a reserved
forest for the purposes of agriculture or grazing or for residential
or other non-agricultural purposes or for any other purpose likely to
promote the interests of the inhabitants of any village or
town:
Provided that nothing in such laws shall prevent the
compulsory acquisition of any land, whether occupied or unoccupied,
for public purposes by the Government of the State concerned in
accordance with the law for the time being in force authorising such
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 hum 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 village or town police and public health
and sanitation;
(g) the appointment or succession of Chiefs or
headmen;
(h) the inheritance of property;
(i) marriage and
divorce;
(j) social customs.
(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.
Paragraph
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 under the authority of the
Regional Councils, if any, within the district may constitute village
councils or courts for the trial of suits and cases between the
parties all of whom belong to Schedules 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 court 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 or 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 provision of sub-paragraph (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.
(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 procedures 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;";
(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 "sub-paragraphs (1) and (2)", the
word, brackets and figure "sub-paragraph (1)" had been
substituted.
Paragraph
5 Conferment of powers under the Code of Civil Procedure, 1908, and
the Code of Criminal Procedure, 1898, 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 punishable 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 the 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 Procedures, 1908, or as the case may
be, the Code of Criminal Procedure, 1898, as he deems appropriate,
and thereupon the said Council, court or officer shall try the suits,
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, 1898, 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
sub-paragraph (5) of paragraph 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.
Paragraph
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,
co-operative societies, social welfare, village planning or any other
matter to which the executive power of the State extends.
Paragraph
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 from as the
Comptroller and Auditor-General 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.
Paragraph
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 under 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.
(2) 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 all areas in the district except
those which are under the authority of Regional Councils, if any,
within the district, shall have power to levy and collect taxes 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 say -
(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.
Paragraph
9 Licenses or leases for the purpose of prospecting for, or
extraction of, minerals
(1) Such share of the
royalties accruing each year from licenses or leases for the purpose
of prospecting for, or the extraction of, minerals granted 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 and 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.
(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).
Paragraph
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 license 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 license 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 license 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.
(3)
All regulations made under this paragraph shall be submitted
forthwith to the Governor and, until assented to by him, shall have
no effect.
Paragraph
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 Official Gazette of the State and shall on
such publication have the force of law.
Paragraph
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.
(2) Any direction given under
sub-paragraph (1) of this paragraph may be given so as to have
retrospective effect.
Paragraph
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 Mehhalaya, 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.
Paragraph
12AA Application of Acts of Parliament and of the Legislature of the
State of Tripura to the autonomous district 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 the autonomous
district or an autonomous region in that State unless, in either
case, the District Council for that 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;
(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 the
sub-paragraph do not apply, shall not apply to the autonomous
district or an 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.
Paragraph
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.
Paragraph
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.
Paragraph
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 Schedule, 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
district 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.
Paragraph
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 such 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 Legislature of the State as
soon as possible and the order shall, unless revoked by him, continue
in force for a period of twelve months from the date on which it was
so made.
Paragraph
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
(b) 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 on 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 that 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
occasion.
(3) Every order made under sub-paragraph (1) or
sub-paragraph (2) of this paragraph, along with the reasons therefor
shall be laid before the Legislature of the State.
Paragraph
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, 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 seat or
seats in the Assembly not so reserved to be specified in the order.
Paragraph
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
districts 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 sub-paragraph (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.
Paragraph
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 the
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 Shilong 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 the
tribal areas specified in the First Schedule to the Tripura Tribal
Areas Autonomous District Council Act, 1979.
Part
I
1. The North Cachar Hills District.
2. The Karbi
Anglong 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.
2. The Mara District.
3.
The Lai District.
Paragraph
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 part 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.
Paragraph
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 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 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).
(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 to the corresponding new District Council
and shall hold office until a District Council is duly constituted
for the corresponding new district under this Schedule.
(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 in force immediately
before the prescribed date shall have effect in relation to the
corresponding new District Council subject to such 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
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.
Paragraph
20BB Exercise of discretionary powers by the Governor in the
discharge of his function
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 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 Schedule, 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 discretion.
Paragraph
20C Interpretation
Subject to any provision made in this
behalf, the provisions of this Schedule shall, in their application
to the Union territory of 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;
(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.
Paragraph
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.
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