-
Notifications
You must be signed in to change notification settings - Fork 16
/
SCHEDULE06.txt
1287 lines (1183 loc) · 62.6 KB
/
SCHEDULE06.txt
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305
306
307
308
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346
347
348
349
350
351
352
353
354
355
356
357
358
359
360
361
362
363
364
365
366
367
368
369
370
371
372
373
374
375
376
377
378
379
380
381
382
383
384
385
386
387
388
389
390
391
392
393
394
395
396
397
398
399
400
401
402
403
404
405
406
407
408
409
410
411
412
413
414
415
416
417
418
419
420
421
422
423
424
425
426
427
428
429
430
431
432
433
434
435
436
437
438
439
440
441
442
443
444
445
446
447
448
449
450
451
452
453
454
455
456
457
458
459
460
461
462
463
464
465
466
467
468
469
470
471
472
473
474
475
476
477
478
479
480
481
482
483
484
485
486
487
488
489
490
491
492
493
494
495
496
497
498
499
500
501
502
503
504
505
506
507
508
509
510
511
512
513
514
515
516
517
518
519
520
521
522
523
524
525
526
527
528
529
530
531
532
533
534
535
536
537
538
539
540
541
542
543
544
545
546
547
548
549
550
551
552
553
554
555
556
557
558
559
560
561
562
563
564
565
566
567
568
569
570
571
572
573
574
575
576
577
578
579
580
581
582
583
584
585
586
587
588
589
590
591
592
593
594
595
596
597
598
599
600
601
602
603
604
605
606
607
608
609
610
611
612
613
614
615
616
617
618
619
620
621
622
623
624
625
626
627
628
629
630
631
632
633
634
635
636
637
638
639
640
641
642
643
644
645
646
647
648
649
650
651
652
653
654
655
656
657
658
659
660
661
662
663
664
665
666
667
668
669
670
671
672
673
674
675
676
677
678
679
680
681
682
683
684
685
686
687
688
689
690
691
692
693
694
695
696
697
698
699
700
701
702
703
704
705
706
707
708
709
710
711
712
713
714
715
716
717
718
719
720
721
722
723
724
725
726
727
728
729
730
731
732
733
734
735
736
737
738
739
740
741
742
743
744
745
746
747
748
749
750
751
752
753
754
755
756
757
758
759
760
761
762
763
764
765
766
767
768
769
770
771
772
773
774
775
776
777
778
779
780
781
782
783
784
785
786
787
788
789
790
791
792
793
794
795
796
797
798
799
800
801
802
803
804
805
806
807
808
809
810
811
812
813
814
815
816
817
818
819
820
821
822
823
824
825
826
827
828
829
830
831
832
833
834
835
836
837
838
839
840
841
842
843
844
845
846
847
848
849
850
851
852
853
854
855
856
857
858
859
860
861
862
863
864
865
866
867
868
869
870
871
872
873
874
875
876
877
878
879
880
881
882
883
884
885
886
887
888
889
890
891
892
893
894
895
896
897
898
899
900
901
902
903
904
905
906
907
908
909
910
911
912
913
914
915
916
917
918
919
920
921
922
923
924
925
926
927
928
929
930
931
932
933
934
935
936
937
938
939
940
941
942
943
944
945
946
947
948
949
950
951
952
953
954
955
956
957
958
959
960
961
962
963
964
965
966
967
968
969
970
971
972
973
974
975
976
977
978
979
980
981
982
983
984
985
986
987
988
989
990
991
992
993
994
995
996
997
998
999
1000
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
1
1. Autonomous districts and autonomous regions.—(1) Subject to
the provisions of this paragraph, the tribal areas in each item of Parts I, II a
nd
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 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 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 subparagraph 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.
______________________________________________
1. Paragraph 1 has been amended in its application to the State of Assam by the
Sixth Schedule to the
Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, so as to insert the follo
wing proviso after
sub-paragraph (2), namely:—
“Provided that nothing in this sub-paragraph shall apply to the Bodoland Territo
rial Areas
District.
239
THE CONSTITUTION OF INDIA
240
1-2-3
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 suc
h
district and the administration of an autonomous region shall be vested in the
Regional Council for such region.
______________________________________________
1. Paragraph 2 has been amended in its application to the State of Assam by the
Sixth Schedule to the
Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, so as to insert the follo
wing proviso after
sub-paragraph (1), namely: —
“Provided that the Bodoland Territorial Council shall consist of not more than f
orty-six
members of whom forty shall be elected on the basis of adult suffrage, of whom t
hirty shall be
reserved for the Scheduled Tribes, five for non-tribal communities, five open fo
r all communities
and the remaining six shall be nominated by the Governor having same rights and
privileges as
other members, including voting rights, from amongst the un-represented communit
ies of the
Bodoland Territorial Areas District, of which at least two shall be women :”
2. Paragraph 2 has been amended in its application to the State of Assam by the
Sixth Schedule to the
Constitution (Amendment) Act, 1995 (42 of 1995), s.2, so as to insert the follow
ing proviso after
sub-paragraph (3), namely : —
“Provided that the District Council constituted for the North Cachar Hills Distr
ict shall be
called as the North Cachar Hills Autonomous Council and the District Council con
stituted for
the Karbi Anglong District shall be called as the Karbi Anglong Autonomous Counc
il.”
3. Paragraph 2 has been amended in its application to the State of Assam by the
Sixth Schedule to
the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, so as to insert the f
ollowing proviso
after sub-paragraph (3), namely: —
“Provided further that the District Council constituted for the Bodoland Territo
rial Areas
District shall be called the Bodoland Territorial Council.”.
241
THE CONSTITUTION OF INDIA
(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 soone
r
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:
THE CONSTITUTION OF INDIA
242
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.
*
*
*
*
1-2-3
3. Powers of the District Councils and Regional Councils to
make laws.—(1) The Regional Council for an autonomous region in respect
______________________________________________
1. Paragraph 3 has been amended in its application to the State of Assam by the
Sixth Schedule to the
Constitution (Amendment) Act, 2003 (44 of 2003), s. 2 , so as to substitute sub-
paragraph (3) as under, “(3) Save as otherwise provided in sub-paragraph (2) of
paragraph 3A or sub-paragraph (2)
of paragraph 3B, all laws made under this paragraph or sub-paragraph (1) of para
graph 3A or subparagraph (1) of paragraph 3B shall be submitted forthwith to the
Governor and, until assented to
by him, shall have no effect.” .
2. After paragraph 3, the following paragraph has been inserted in its applicati
on to the State of Assam by
the Sixth Schedule to the Constitution (Amendment) Act, 1995 (42 of 1995), s. 2
and after paragraph
3A, the following paragraph has been inserted in its application to the State of
Assam by the Sixth
Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, namely: —
“3A. Additional powers of the North Cachar Hills Autonomous Council and the Karb
i
Anglong Autonomous Council to make laws.—(1) Without prejudice to the provisions
of
paragraph 3, the North Cachar Hills Autonomous Council and the Karbi Anglong Aut
onomous
Council within their respective districts, shall have power to make laws with re
spect to—
(a) industries, subject to the provisions of entries 7 and 52 of List I of the S
eventh Schedule;
243
THE CONSTITUTION OF INDIA
(Foot-note Continue),(b) communications, that is to say, roads, bridges, ferries
and other means of communication
not specified in List I of the Seventh Schedule; municipal tramways, ropeways, i
nland
waterways and traffic thereon subject to the provisions of List I and List III o
f the
Seventh Schedule with regard to such waterways; vehicles other than mechanically
propelled vehicles;
(c) preservation, protection and improvement of stock and prevention of animal d
iseases;
veterinary training and practice; cattle pounds;
(d) primary and secondary education;
(e) agriculture, including agricultural education and research, protection again
st pests and
prevention of plant diseases;
(f) fisheries;
(g) water, that is to say, water supplies, irrigation and canals, drainage and e
mbankments,
water storage and water power subject to the provisions of entry 56 of 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, tow
ns, etc. (not of
technical nature);
(j) theatre and dramatic performances, cinemas subject to the provisions of entr
y 60 of 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, food s
tuffs, cattle
fodder, raw cotton and raw jute;
(n) libraries, museums and other similar institutions controlled or financed by
the State;
ancient and historical monuments and records other than those declared by or und
er 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 Ang
long
Autonomous Council under paragraph 3 or under this paragraph shall, in so far as
they relate to
matters specified in List III of the Seventh Schedule, be submitted forthwith to
the Governor who
shall reserve the same for the consideration of the President.
(3) When a law is reserved for the consideration of the President, the President
shall declare
either that he assents to the said law or that he withholds assent therefrom:
Provided that the President may direct the Governor to return the law to the Nor
th Cachar Hills
Autonomous Council or the Karbi Anglong Autonomous Council, as the case may be,
together
with a message requesting that the said Council will reconsider the law or any s
pecified provisions
thereof and, in particular, will consider the desirability of introducing any su
ch amendments as he
may recommend in his message and, when the law is so returned, the said Council
shall
consider the law accordingly within a period of six months from the date of rece
ipt of such
message and, if the law is again passed by the said Council with or without amen
dment it shall be
presented again to the President for his consideration."
244
THE CONSTITUTION OF INDIA
(Foot-note Continue),3. After paragraph 3A, the following paragraph has been ins
erted in its application to the State of Assam by
the Sixth Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2,
namely:-3B. Additional powers of the Bodoland Territorial Council to make laws.
—(1) Without
prejudice to the provisions of paragraph 3, the Bodoland Territorial Council wit
hin its areas shall
have power to make laws with respect to :(i) agriculture, including agricultural
education and research, protection against pests
and prevention of plant diseases; (ii) animal husbandry and veterinary, that is
to say,
preservation, protection and improvement of stock and prevention of animal disea
ses, veterinary
training and practice, cattle pounds; (iii) co-operation; (iv) cultural affairs;
(v) education, that
is to say, primary education, higher secondary including vocational training, ad
ult education,
college education (general); (vi) fisheries; (vii) flood control for protection
of village, paddy
fields, markets and towns (not of technical nature); (viii) Food and civil suppl
y; (ix) forests
(other than reserved forests); (x) handloom and textile; (xi) health and family
welfare, (xii)
intoxicating liquors, opium and derivatives, subject to the provisions of entry
84 of List I of the
Seventh Schedule; (xiii) irrigation; (xiv) labour and employment; (xv) land and
revenue; (xvi)
library services (financed and controlled by the State Government); (xvii) lotte
ries (subject to
the provisions of entry 40 of List I of the Seventh Schedule), theatres, dramati
c performances
and cinemas (subject to the provisions of entry 60 of List I of the Seventh Sche
dule); (xviii)
markets and fairs; (xix) municipal corporation, improvement trust, district boar
ds and other
local authorities; (xx) museum and archaeology institutions controlled or financ
ed by the State,
ancient and historical monuments and records other than those declared by or und
er any law
made by Parliament to be of national importance; (xxi) panchayat and rural devel
opment;
(xxii) planning and development; (xxiii) printing and stationery; (xxiv) pubic h
ealth
engineering; (xxv) public works department; (xxvi) publicity and public relation
s; (xxvii)
registration of births and deaths; (xxviii) relief and rehabilitation; (xxix) se
riculture; (xxx)
small, cottage and rural industry subject to the provisions of entries 7 and 52
of List I of the
Seventh Schedule; (xxxi) social Welfare; (xxxii) soil conservation; (xxxiii) spo
rts and youth
welfare; (xxxiv) statistics; (xxxv) tourism; (xxxvi) transport (roads, bridges,
ferries and other
means of communications not specified in List I of the Seventh Schedule, municip
al tramways,
ropeways, inland waterways and traffic thereon subject to the provision of List
I and List III of
the Seventh Schedule with regard to such waterways, vehicles other than mechanic
ally
propelled vehicles); (xxxvii) tribal research institute controlled and financed
by the State
Government; (xxxviii) urban development—town and country planning; (xxxix) weigh
ts
and measures subject to the provisions of entry 50 of List I of the Seventh Sche
dule; and (xl)
Welfare of plain tribes and backward classes:
Provided that nothing in such laws shall—
(a) extinguish or modify the existing rights and privileges of any citizen in
respect of his land at the date of commencement of this Act; and
(b) disallow and citizen from acquiring land either by way of inheritance,
allotment, settlement or by any other way of transfer if such citizen is otherwi
se
eligible for such acquisition of land within the Bodoland Territorial Areas Dist
rict.
(2) All laws made under paragraph 3 or under this paragraph shall in so far as t
hey relate
to matters specified in List III of the Seventh Schedule, be submitted forthwith
to the Governor
who shall reserve the same for the consideration of the President.
245
THE CONSTITUTION OF INDIA
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 unde
r
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 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 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.
(Foot-note Continue),(3) When a law is reserved for the consideration of the Pre
sident, the President shall
declare either that he assents to the said law or that he withholds assent there
from:
Provided that the President may direct the Governor to return the law to the Bod
oland
Territorial Council, together with the message requesting that the said Council
will reconsider
the law or any specified provisions thereof and, in particular, will consider th
e desirability of
introducing any such amendments as he may recommend in his message and, when the
law is
so returned, the said Council shall consider the law accordingly within a period
of six month
from the date of receipt of such message and, if the law is again passed by the
said Council with
or without amendments it shall be presented again to the President for his consi
deration.”.
THE CONSTITUTION OF INDIA
246
(2) In this paragraph, a “reserved forest” means any area which is a
reserved forest under the Assam Forest Regulation, 1891, or under any other
law for the time being in force in the area in question.
(3) All laws made under this paragraph shall be submitted forthwith to
the Governor and, until assented to by him, shall have no effect.
1
4. Administration of justice in autonomous districts and
autonomous regions.—(1) The Regional Council for an autonomous region in
respect of areas within such region and the District Council for an autonomous
district in respect of areas within the district other than those which are unde
r
the authority of the Regional Councils, if any, within the district may constitu
te
village councils or courts for the trial of suits and cases between the parties
all
of whom belong to Scheduled Tribes within such areas, other than suits and
cases to which the provisions of sub-paragraph (1) of paragraph 5 of this
Schedule apply, to the exclusion of any court in the State, and may appoint
suitable persons to be members of such village councils or presiding officers of
such courts, and may also appoint such officers as may be necessary for the
administration of the laws made under paragraph 3 of this Schedule.
(2) Notwithstanding anything in this Constitution, the Regional Council
for an autonomous region or any court constituted in that behalf by the
Regional Council or, if in respect of any area within an autonomous district
there is no Regional Council, the District Council for such district, or any cou
rt
constituted in that behalf by the District Council, shall exercise the powers of
a
court of appeal in respect of all suits and cases triable by a village council o
r
court constituted under sub-paragraph (1) of this paragraph within such region
or area, as the case may be, other than those to which the provisions of subpara
graph (1) of paragraph 5 of this Schedule apply, and no other court except
the High Court and the Supreme Court shall have jurisdiction over such suits or
cases.
(3) The High Court shall have and exercise such jurisdiction over the
suits and cases to which the provisions of sub-paragraph (2) of this paragraph
apply as the Governor may from time to time by order specify.
______________________________________________
1. Paragraph 4 has been amended in its application to the State of Assam by the
Sixth Schedule to the
Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, so as to insert the follo
wing subparagraph after sub-paragraph (5), namely :—
“(6) Nothing in this paragraph shall apply to the Bodoland Territorial Council c
onstituted
under the proviso to sub-paragraph (3) of paragraph 2 of this Schedule.” .
247
THE CONSTITUTION OF INDIA
(4) A Regional Council or District Council, as the case may be, may
with the previous approval of the Governor make rules regulating —
(a) the constitution of village councils and courts and the powers
to be exercised by them under this paragraph;
(b) the procedure to be followed by village councils or courts in the
trial of suits and cases under sub-paragraph (1) of this paragraph;
(c) the procedure to be followed by the Regional or District Council
or any court constituted by such Council in appeals and other proceedings
under sub-paragraph (2) of this paragraph;
(d) the enforcement of decisions and orders of such councils and
courts;
(e) all other ancillary matters for the carrying out of the provisions
of sub-paragraphs (1) and (2) of this paragraph.
(5) On and from such date as the President may, after consulting the
Government of the State concerned, by notification appoint in this behalf, this
paragraph shall have effect in relation to such autonomous district or region as
may be specified in the notification, as if—
(i) in sub-paragraph (1), for the words “between the parties all of
whom belong to Scheduled Tribes within such areas, other than suits and
cases to which the provisions of sub-paragraph (1) of paragraph 5 of this
Schedule apply,”, the words “not being suits and cases of the nature
referred to in sub-paragraph (1) of paragraph (5) of this Schedule, which
the Governor may specify in this behalf,” had been substituted;
(ii) sub-paragraphs (2) and (3) had been omitted;
(iii) in sub-paragraph (4)—
(a) for the words “A Regional Council or District Council, as
the case may be, may with the previous approval of the Governor
make rules regulating”, the words “the Governor may make rules
regulating” had been substituted; and
(b) for clause (a), the following clause had been substituted,
namely:—
“(a) the constitution of village councils and courts, the
powers to be exercised by them under this paragraph and the
courts to which appeals from the decisions of village councils
and courts shall lie;”;
248
THE CONSTITUTION OF INDIA
(c) for clause (c), the following clause had been substituted,
namely:—
“(c) the transfer of appeals and other proceedings
pending before the Regional or District Council or any court
constituted by such Council immediately before the date
appointed by the President under sub-paragraph (5);”; and
(d) in clause (e), for the words, brackets and figures “subparagraphs (1) and (2
)”, the word, brackets and figure “subparagraph (1)” had been substituted.
5. Conferment of powers under the Code of Civil Procedure, 1908,
and the Code of Criminal Procedure, 1898 1 , on the Regional and District
Councils and on certain courts and officers for the trial of certain suits,
cases and offences.—(1) The Governor may, for the trial of suits or cases
arising out of any law in force in any autonomous district or region being a law
specified in that behalf by the Governor, or for the trial of offences punishabl
e
with death, transportation for life, or imprisonment for a term of not less than
five years under the Indian Penal Code or under any other law for the time
being applicable to such district or region, confer on the District Council or t
he
Regional Council having authority over such district or region or on courts
constituted by such District Council or on any officer appointed in that behalf
by the Governor, such powers under the Code of Civil Procedure, 1908, or, as
the case may be, the Code of Criminal Procedure, 18981, as he deems
appropriate, and thereupon the said Council, court or officer shall try the suit
s,
cases or offences in exercise of the powers so conferred.
(2) The Governor may withdraw or modify any of the powers conferred
on a District Council, Regional Council, court or officer under sub-paragraph
(1) of this paragraph.
(3) Save as expressly provided in this paragraph, the Code of Civil
Procedure, 1908, and the Code of Criminal Procedure, 18981, shall not apply to
the trial of any suits, cases or offences in an autonomous district or in any
autonomous region to which the provisions of this paragraph apply.
(4) On and from the date appointed by the President under subparagraph (5) of pa
ragraph 4 in relation to any autonomous district or
autonomous region, nothing contained in this paragraph shall, in its application
to that district or region, be deemed to authorise the Governor to confer on the
District Council or Regional Council or on courts constituted by the District
Council any of the powers referred to in sub-paragraph (1) of this paragraph.
______________________________________________
1. See now the Code of Criminal Procedure, 1973 (Act 2 of 1974).
249
THE CONSTITUTION OF INDIA
6. Powers of the District Council to establish primary schools, etc.—
(1) The District Council for an autonomous district may establish, construct, or
manage primary schools, dispensaries, markets, cattle pounds, ferries, fisheries
,
roads, road transport and waterways in the district and may, with the previous
approval of the Governor, make regulations for the regulation and control
thereof and, in particular, may prescribe the language and the manner in which
primary education shall be imparted in the primary schools in the district.
(2) The Governor may, with the consent of any District Council, entrust
either conditionally or unconditionally to that Council or to its officers
functions in relation to agriculture, animal husbandry, community projects, coop
erative societies, social welfare, village planning or any other matter to
which the executive power of the State extends.
7. District and Regional Funds.—(1) There shall be constituted for
each autonomous district, a District Fund and for each autonomous region, a
Regional Fund to which shall be credited all moneys received respectively by
the District Council for that district and the Regional Council for that region
in
the course of the administration of such district or region, as the case may be,
in
accordance with the provisions of this Constitution.
(2) The Governor may make rules for the management of the District
Fund, or, as the case may be, the Regional Fund and for the procedure to be
followed in respect of payment of money into the said Fund, the withdrawal of
moneys therefrom, the custody of moneys therein and any other matter
connected with or ancillary to the matters aforesaid.
(3) The accounts of the District Council or, as the case may be, the
Regional Council shall be kept in such form as the Comptroller and AuditorGenera
l of India may, with the approval of the President, prescribe.
(4) The Comptroller and Auditor-General shall cause the accounts of the
District and Regional Councils to be audited in such manner as he may think
fit, and the reports of the Comptroller and Auditor-General relating to such
accounts shall be submitted to the Governor who shall cause them to be laid
before the Council.
8. Powers to assess and collect land revenue and to impose taxes.—
(1) The Regional Council for an autonomous region in respect of all lands
within such region and the District Council for an autonomous district in
respect of all lands within the district except those which are in the areas und
er
the authority of Regional Councils, if any, within the district, shall have the
power to assess and collect revenue in respect of such lands in accordance with
the principles for the time being followed by the Government of the State in
assessing lands for the purpose of land revenue in the State generally.
250
THE CONSTITUTION OF INDIA
(2) The Regional Council for an autonomous region in respect of areas
within such region and the District Council for an autonomous district in respec
t
of all areas in the district except those which are under the authority of Regio
nal
Councils, if any, within the district, shall have power to levy and collect taxe
s on
lands and buildings, and tolls on persons resident within such areas.
(3) The District Council for an autonomous district shall have the power to levy
and collect all or any of the following taxes within such district, that is to s
ay —
(a) taxes on professions, trades, callings and employments;
(b) taxes on animals, vehicles and boats;
(c) taxes on the entry of goods into a market for sale therein, and
tolls on passengers and goods carried in ferries;
(d) taxes for the maintenance of schools, dispensaries or roads, and
(e) taxes on entertainment and amusements.
(4) A Regional Council or District Council, as the case may be, may
make regulations to provide for the levy and collection of any of the taxes
specified in sub-paragraphs (2) and (3) of this paragraph and every such
regulation shall be submitted forthwith to the Governor and, until assented to
by him, shall have no effect.
1
9. Licences or leases for the purpose of prospecting for, or extraction
of, minerals.—(1) Such share of the royalties accruing each year from licences o
r
leases for the purpose of prospecting for, or the extraction of, minerals grante
d by
the Government of the State in respect of any area within an autonomous district
as may be agreed upon between the Government of the State and the District
Council of such district shall be made over to that District Council.
(2) If any dispute arises as to the share of such royalties to be made over
to a District Council, it shall be referred to the Governor for determination an
d
the amount determined by the Governor in his discretion shall be deemed to be
the amount payable under sub-paragraph (1) of this paragraph to the District
Council and the decision of the Governor shall be final.
______________________________________________
1. Paragraph 9 has been amended in its application to the States of Tripura and
Mizoram by the Sixth
Schedule to the Constitution (Amendment) Act, 1988 (67 of 1988), s. 2, so as to
insert the
following sub-paragraph after sub-paragraph (2), namely :“(3) The Governor may,
by order, direct that the share of royalties to be made over to a
District Council under this paragraph shall be made over to that Council within
a period of one
year from the date of any agreement under sub-paragraph (1) or, as the case may
be, of any
determination under sub-paragraph (2).”.
THE CONSTITUTION OF INDIA
251
1-2
10. Power of District Council to make regulations for the control
of money-lending and trading by non-tribals.—(1) The District Council
of an autonomous district may make regulations for the regulation and
control of money-lending or trading within the district by persons other than
Scheduled Tribes resident in the district.
(2) In particular and without prejudice to the generality of the foregoing
power, such regulations may—
(a) prescribe that no one except the holder of a licence issued in
that behalf shall carry on the business of money-lending;
(b) prescribe the maximum rate of interest which may be charged
or be recovered by a money-lender;
(c) provide for the maintenance of accounts by money-lenders and
for the inspection of such accounts by officers appointed in that behalf
by the District Council;
(d) prescribe that no person who is not a member of the Scheduled
Tribes resident in the district shall carry on wholesale or retail business
in any commodity except under a licence issued in that behalf by the
District Council :
Provided that no regulations may be made under this paragraph unless
they are passed by a majority of not less than three-fourths of the total
membership of the District Council:
Provided further that it shall not be competent under any such
regulations to refuse the grant of a licence to a money-lender or a trader who
has been carrying on business within the district since before the time of the
making of such regulations.
______________________________________________
1
Paragraph 10 has been amended in its application to the States of Tripura and Mi
zoram by the
Sixth Schedule to the Constitution (Amendment) Act, 1988 (67 of 1988), s.2, as u
nder-(a) in the heading, the words “by non-tribals” shall be omitted;
(b) in sub-paragraph (1), the words “other than Scheduled Tribes” shall be omitt
ed;
(c) in sub-paragraph (2), for clause (d), the following clause shall be substitu
ted, namely: —
"(d) prescribe that no person resident in the district shall carry on any trade,
whether
wholesale or retail, except under a licence issued in that behalf by the Distric
t Council.”
2
Paragraph 10 has been amended in its application to the State of Assam by the Si
xth Schedule to
the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2 , so as to insert the
following subparagraph after sub-paragraph (3), namely: —
“(4) Nothing in this paragraph shall apply to the Bodoland Territorial Council c
onstituted
under the proviso to sub-paragraph (3) of paragraph 2 of this Schedule.”.
252
THE CONSTITUTION OF INDIA
(3) All regulations made under this paragraph shall be submitted
forthwith to the Governor and, until assented to by him, shall have no effect.
11. Publication of laws, rules and regulations made under the
Schedule.—All laws, rules and regulations made under this Schedule by a
District Council or a Regional Council shall be published forthwith in the Offic
ial
Gazette of the State and shall on such publication have the force of law.
1-2
12. Application of Acts of Parliament and of the Legislature
of the State of Assam to autonomous districts and autonomous
regions in the State of Assam. —
(1) Notwithstanding anything in this Constitution, —
(a) no Act of the Legislature of the State of Assam in respect of any
of the matters specified in paragraph 3 of this Schedule as matters with
respect to which a District Council or a Regional Council may make laws,
and no Act of the Legislature of the State of Assam prohibiting or
restricting the consumption of any non-distilled alcoholic liquor shall apply
to any autonomous district or autonomous region in that State unless in
either case the District Council for such district or having jurisdiction over
such region by public notification so directs, and the District Council in
giving such direction with respect to any Act may direct that the Act shall
in its application to such district or region or any part thereof have effect
subject to such exceptions or modifications as it thinks fit;
(b) the Governor may, by public notification, direct that any Act
of Parliament or of the Legislature of the State of Assam to which the
provisions of clause (a) of this sub-paragraph do not apply shall not
apply to an autonomous district or an autonomous region in that State, or
shall apply to such district or region or any part thereof subject to such
exceptions or modifications as he may specify in the notification.
______________________________________________
1. Paragraph 12 has been amended to its application to the State of Assam by the
Sixth Schedule to
the Constitution (Amendment) Act, 1995 (42 of 1995), s.2, as under,‘in paragraph
12, in sub-paragraph (1), for the words and figure “matters specified in
paragraph 3 of this Schedule”, the words, figures and letter “matters specified
in paragraph 3 or
paragraph 3A of this Schedule” shall be substituted.’.
2. Paragraph 12 has been amended in its application to the State of Assam by the
Sixth Schedule to the
Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, as under,—
‘in paragraph 12, in sub-paragraph (1), in clause (a), for the words, figures an
d letter “matters
specified in paragraph 3 or paragraph 3A of this Schedule”, the words, figures a
nd letter “matters
specified in paragraph 3 or paragraph 3A or paragraph 3B of this Schedule” shall
be substituted.’.
253
THE CONSTITUTION OF INDIA
(2) Any direction given under sub-paragraph (1) of this paragraph may
be given so as to have retrospective effect.
12A. Application of Acts of Parliament and of the Legislature of the
State of Meghalaya to autonomous districts and autonomous regions in the
State of Meghalaya.—Notwithstanding anything in this Constitution,—
(a) if any provision of a law made by a District or Regional
Council in the State of Meghalaya with respect to any matter specified in
sub-paragraph (1) of paragraph 3 of this Schedule or if any provision of
any regulation made by a District Council or a Regional Council in that
State under paragraph 8 or paragraph 10 of this Schedule, is repugnant to
any provision of a law made by the Legislature of the State of
Meghalaya with respect to that matter, then, the law or regulation made
by the District Council or, as the case may be, the Regional Council
whether made before or after the law made by the Legislature of the
State of Meghalaya, shall, to the extent of repugnancy, be void and the
law made by the Legislature of the State of Meghalaya shall prevail;
(b) the President may, with respect to any Act of Parliament, by
notification, direct that it shall not apply to an autonomous district or an
autonomous region in the State of Meghalaya, or shall apply to such
district or region or any part thereof subject to such exceptions or
modifications as he may specify in the notification and any such
direction may be given so as to have retrospective effect.
12AA. Application of Acts of Parliament and of the Legislature of
the State of Tripura to the autonomous districts and autonomous regions
in the State of Tripura.—Notwithstanding anything in this Constitution,—
(a) no Act of the Legislature of the State of Tripura in respect of any
of the matters specified in paragraph 3 of this Schedule as matters with
respect to which a District Council or a Regional Council may make laws,
and no Act of the Legislature of the State of Tripura prohibiting or
restricting the consumption of any non-distilled alcoholic liquor shall apply
to any autonomous district or autonomous region in that State unless, in
either case the, District Council for such district or having jurisdiction over
such region by public notification so directs, and the District Council in
giving such direction with respect to any Act may direct that the Act shall,
in its application to that district or such region or any part thereof have
effect subject to such exceptions or modifications as it thinks fit;
254
THE CONSTITUTION OF INDIA
(b) the Governor may, by public notification, direct that any Act
of the Legislature of the State of Tripura to which the provisions of
clause (a) of this sub-paragraph do not apply, shall not apply to the
autonomous district or any autonomous region in that State, or shall
apply to that district or such region, or any part thereof, subject to such
exceptions or modifications, as he may specify in the notification;
(c) the President may, with respect to any Act of Parliament, by
notification, direct that it shall not apply to the autonomous district or an
autonomous region in the State of Tripura, or shall apply to such district
or region or any part thereof, subject to such exceptions or modifications
as he may specify in the notification and any such direction may be
given so as to have retrospective effect.
12B. Application of Acts of Parliament and of the Legislature of the
State of Mizoram to autonomous districts and autonomous regions in the
State of Mizoram.—Notwithstanding anything in this Constitution, —
(a) no Act of the Legislature of the State of Mizoram in respect of
any of the matters specified in paragraph 3 of this Schedule as matters
with respect to which a District Council or a Regional Council may
make laws, and no Act of the Legislature of the State of Mizoram
prohibiting or restricting the consumption of any non-distilled alcoholic
liquor shall apply to any autonomous district or autonomous region in
that State unless, in either case, the District Council for such district or
having jurisdiction over such region, by public notification, so directs,
and the District Council, in giving such direction with respect to any Act,
may direct that the Act shall, in its application to such district or region
or any part thereof, have effect subject to such exceptions or
modifications as it thinks fit;
(b) the Governor may, by public notification, direct that any Act
of the Legislature of the State of Mizoram to which the provisions of
clause (a) of this sub-paragraph do not apply, shall not apply to an
autonomous district or an autonomous region in that State, or shall apply
to such district or region, or any part thereof, subject to such exceptions
or modifications, as he may specify in the notification;
(c) the President may, with respect to any Act of Parliament, by
notification, direct that it shall not apply to an autonomous district or an
autonomous region in the State of Mizoram, or shall apply to such
district or region or any part thereof, subject to such exceptions or
modifications as he may specify in the notification and any such
direction may be given so as to have retrospective effect.
255
THE CONSTITUTION OF INDIA
13. Estimated receipts and expenditure pertaining to autonomous
districts to be shown separately in the annual financial statement.—The
estimated receipts and expenditure pertaining to an autonomous district which
are to be credited to, or is to be made from, the Consolidated Fund of the State
shall be first placed before the District Council for discussion and then after
such discussion be shown separately in the annual financial statement of the
State to be laid before the Legislature of the State under article 202.
1
14. Appointment of Commission to inquire into and report on the
administration of autonomous districts and autonomous regions.—(1) The
Governor may at any time appoint a Commission to examine and report on any
matter specified by him relating to the administration of the autonomous
districts and autonomous regions in the State, including matters specified in
clauses (c), (d), (e) and (f) of sub-paragraph (3) of paragraph 1 of this Schedu
le,
or may appoint a Commission to inquire into and report from time to time on
the administration of autonomous districts and autonomous regions in the State
generally and in particular on—
(a) the provision of educational and medical facilities and
communications in such districts and regions;
(b) the need for any new or special legislation in respect of such
districts and regions; and
(c) the administration of the laws, rules and regulations made by
the District and Regional Councils;
and define the procedure to be followed by such Commission.
(2) The report of every such Commission with the recommendations of
the Governor with respect thereto shall be laid before the Legislature of the
State by the Minister concerned together with an explanatory memorandum
regarding the action proposed to be taken thereon by the Government of the
State.
(3) In allocating the business of the Government of the State among his
Ministers the Governor may place one of his Ministers specially in charge of
the welfare of the autonomous districts and autonomous regions in the State.
______________________________________________
1. Paragraph 14 has been amended in its application to the State of Assam by the
Sixth Schedule to
the Constitution (Amendment) Act, 1995 (42 of 1995) , s. 2, as under,-‘in paragr
aph 14, in sub-paragraph (2), the words “with the recommendations of the Governo
r
with respect thereto” shall be omitted.’.
THE CONSTITUTION OF INDIA
256
1
15. Annulment or suspension of acts and resolutions of District and
Regional Councils.—(1) If at any time the Governor is satisfied that an act or
resolution of a District or a Regional Council is likely to endanger the safety
of
India or is likely to be prejudicial to public order, he may annul or suspend su
ch
act or resolution and take such steps as he may consider necessary (including
the suspension of the Council and the assumption to himself of all or any of the
powers vested in or exercisable by the Council) to prevent the commission or
continuance of such act, or the giving of effect to such resolution.
(2) Any order made by the Governor under sub-paragraph (1) of this
paragraph together with the reasons therefor shall be laid before the Legislatur
e
of the State as soon as possible and the order shall, unless revoked by the
Legislature of the State, continue in force for a period of twelve months from
the date on which it was so made:
Provided that if and so often as a resolution approving the continuance in
force of such order is passed by the Legislature of the State, the order shall
unless cancelled by the Governor continue in force for a further period of
twelve months from the date on which under this paragraph it would otherwise
have ceased to operate.
2
16. Dissolution of a District or a Regional Council.— (1) The
Governor may on the recommendation of a Commission appointed under
paragraph 14 of this Schedule by public notification order the dissolution of a
District or a Regional Council, and—
(a) direct that a fresh general election shall be held immediately
for the reconstitution of the Council, or
______________________________________________
1. Paragraph 15 has been amended in its application to the States of Tripura and
Mizoram by the
Sixth Schedule to the Constitution (Amendment) Act, 1988 (67 of 1988), s. 2, as
under,-‘(a) in the opening paragraph, for the words “by the Legislature of the S
tate”, the words “by
him” shall be substituted;
(b) the proviso shall be omitted.’.
2. Paragraph 16 has been amended in its application to the States of Tripura and
Mizoram by the Sixth
Schedule to the Constitution (Amendment) Act, 1988 (67 of 1988) s. 2, as under,-
‘ (a) in sub-paragraph (1), the words “subject to the previous approval of the L
egislature of the
State” occurring in clause (b), and the second proviso shall be omitted;
(b) for sub-paragraph (3), the following sub-paragraph shall be substituted, nam
ely:-“(3) Every order made under sub-paragraph (1) or sub-paragraph (2) of this
paragraph,
along with the reasons therefor shall be laid before the Legislature of the Stat
e.”.’.
257
THE CONSTITUTION OF INDIA
(b) subject to the previous approval of the Legislature of the State
assume the administration of the area under the authority of such
Council himself or place the administration of such area under the
Commission appointed under the said paragraph or any other body
considered suitable by him for a period not exceeding twelve months:
Provided that when an order under clause (a) of this paragraph has been
made, the Governor may take the action referred to in clause (b) of this
paragraph with regard to the administration of the area in question pending the
reconstitution of the Council on fresh general election:
Provided further that no action shall be taken under clause (b) of this
paragraph without giving the District or the Regional Council, as the case may
be, an opportunity of placing its views before the Legislature of the State.
(2) If at any time the Governor is satisfied that a situation has arisen in
which the administration of an autonomous district or region cannot be carried o
n in
accordance with the provisions of this Schedule, he may, by public notification,
assume to himself all or any of the functions or powers vested in or exercisable
by
the District Council or, as the case may be, the Regional Council and declare th
at
such functions or powers shall be exercisable by such person or authority as he
may
specify in this behalf, for a period not exceeding six months:
Provided that the Governor may by a further order or orders extend the
operation of the initial order by a period not exceeding six months on each occa
sion.
(3) Every order made under sub-paragraph (2) of this paragraph with the
reasons therefor shall be laid before the Legislature of the State and shall cea
se
to operate at the expiration of thirty days from the date on which the State
Legislature first sits after the issue of the order, unless, before the expiry o
f that
period it has been approved by that State Legislature.
1
17. Exclusion of areas from autonomous districts in forming
constituencies in such districts.—For the purposes of elections to the
Legislative Assembly of Assam or Meghalaya or Tripura or Mizoram, the
Governor may by order declare that any area within an autonomous district in
the State of Assam or Meghalaya or Tripura or Mizoram, as the case may be,
shall not form part of any constituency to fill a seat or seats in the Assembly
reserved for any such district but shall form part of a constituency to fill a s
eat
or seats in the Assembly not so reserved to be specified in the order.