(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 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 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.
(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 organizations 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.
(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 authorizing 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.
(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) 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
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 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 provisions 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 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;"
(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.
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 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 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 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, 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
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 authorize 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) 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.
(1) There shall be constituted for each autonomous district,
a District Fund 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 there
from, 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 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.
(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 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) 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 Court 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.
(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 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.
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.
(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 the 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.
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
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 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 this 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.
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
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.
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) 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 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) 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 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.
(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) 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 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 (2) of this
paragraph with the reasons therefor shall be laid before the
Legislature of the State and shall cease to operate at the
expiration of thirty days from the date on which the State
Legislature first sits after the issue of the orders,
unless, before the expiry of that period it has been
approved by the State Legislature.
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 seat or seats in the Assembly not so reserved to be specified in the order.
(1) As soon as possible after the commencement of this
Constitution the Governor shall take steps for the
constitution of a District Council for each autonomous
district in the State under this Schedule and, until a
District Council is so constituted for an autonomous
district, the administration of such district shall be
vested in the Governor and the following provisions shall
apply to the administration of the areas within such
district instead of the foregoing provisions of this
Schedule, namely:-
(a) no Act of Parliament or of the Legislature of the State
shall apply to any such area unless the Governor by public
notification so directs; and the Governor in giving such a
direction with respect to any Act may direct that the Act
shall, in its application to the area or to any specified
part thereof, have effect subject to such exceptions or
modifications as he thinks fit;
(b) the Governor may make regulations for the peace and good
government of any such area and any regulations so made may
repeal or amend any Act of Parliament or of the Legislature
of the State or any existing law which is for the time being
applicable to such area.
(2) Any direction given by the Governor under clause (a) of
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.
(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 (Reorganization) Act, 1971:
Provided that for the purposes of clauses (e) and (f) of
sub-paragraph (1) of paragraph 3, paragraph 4, paragraph 5,
paragraph 6, sub-paragraph (2), clauses (a), (b), and (d) of
sub-paragraph (3) and sub-paragraph (4) of paragraph 8 and
clause (d) of sub-paragraph (2) of paragraph 10 of this
Schedule, no part of the area comprised within the
municipality of Shillong shall be deemed to be within the
Khasi Hills District.
(3) The reference in Part IIA in the table below to the
'Tripura Tribal Areas District' shall be construed as a
reference to the territory comprising the tribal areas
specified in the First Schedule to the Tripura Tribal Areas
Autonomous District Council Act, 1979.
TABLE
PART I
1. The North Cachar Hills District.
2. The Karbi Anglong District.
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.
(1) Notwithstanding anything in this Schedule, the District
Council of the Mizo District existing immediately before the
prescribed date (hereinafter referred to as the Mizo
District Council) shall stand dissolved and cease to exist.
(2) The Administrator of the Union territory of Mizoram may,
by one or more orders, provide for all or any of the
following matters, namely:-
(a) the transfer, in whole or in part, of the assets, rights
and liabilities of the Mizo District Council (including the
rights and liabilities under any contract made by it) to the
Union or to any other authority;
(b) the substitution of the Union or any other authority for
the Mizo District Council, or the addition of the Union or
any other authority, as a party to any legal proceedings to
which the Mizo District Council is a party;
(c) the transfer or re-employment of any employees of the
Mizo District Council to or by the Union or any other
authority, the terms and conditions of service applicable to
such employees after such transfer or re-employment;
(d) the continuance of any laws, made by the Mizo District
Council and in force immediately before its dissolution,
subject to such adaptations and modifications, whether by
way of repeal or amendment, as the Administrator may make in
this behalf, until such laws are altered, repealed or
amended by a competent Legislature or other competent
authority;
(e) such incidental, consequential and supplementary matters
as the Administrator considers necessary.
Explanation.-In this paragraph and in paragraph 20B of this
Schedule, the expression 'prescribed date' means the date on
which the Legislative Assembly of the Union territory of Mizoram is duly constituted under and in accordance with the
provisions of the Government of Union Territories Act, 1963.
(1) Notwithstanding anything in this Schedule,-
(a) every autonomous region existing immediately before the
prescribed date in the Union territory of Mizoram shall, on
and from that date, be an autonomous district in that Union
territory (hereafter referred to as the corresponding new
district) and the Administrator thereof may, by one or more
orders, direct that such consequential amendments as are
necessary to give effect to the provisions of this clause
shall be made in paragraph 20 of this Schedule (including
Part III of the table appended to that paragraph) and
thereupon the said paragraph and the said Part III shall be
deemed to have been amended accordingly;
(b) every Regional Council of an autonomous region in the
Union territory of Mizoram existing immediately before the
prescribed date (hereafter referred to as the existing
Regional Council) shall, on and from that date and until a
District Council is duly constituted for the corresponding
new district, be deemed to be the District Council of that
district (hereafter referred to as the corresponding new
District Council).
(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 the
prescribed date, subject to such adaptations and
modifications, whether by way of repeal or amendment, as the
Administrator may make in this behalf until such laws are
altered, repealed or amended by a competent Legislature or
other competent authority;
(e) such incidental, consequential and supplementary matters
as the Administrator considers necessary.
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.
(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.
First Schedule of Constitution of India 1949 - States and Union Territories - Article 1 and 4
Third Schedule of Constitution of India 1949 - Form of oath or affirmations
Fourth Schedule of Constitution of India 1949 - Allocation of seats in the council of states
Seventh Schedule of Constitution of India 1949 - Union List, State List and Concurrent List
Eighth Schedule of Constitution of India 1949 - List of Languages