1-6 Sch

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THE CONSTITUTION OF INDIA

FIRST SCHEDULE [ Articles 1 and 4] I. TH E S TATES Name 1. Andhra Pradesh

2. Assam

3. Bihar

4. Gujarat 5. Kerala 6. Madhya Pradesh

Territories The territories specified in sub-section (1) of section 3 of the Andhra State Act, 1953, sub-section (1) of section 3 of the States Reorganisation Act, 1956, the First Schedule to the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959, and the Schedule to the Andhra Pradesh and Mysore (Transfer of Territory) Act, 1968, but excluding the territories specified in the Second Schedule to the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959. The territories which immediately before the commencement of this Constitution were comprised in the Province of Assam, the Khasi States and the Assam Tribal Areas, but excluding the territories specified in the Schedule to the Assam (Alteration of Boundaries) Act, 1951 and the territories specified in sub-section (1) of section 3 of the State of Nagaland Act, 1962 and the territories specified in sections 5, 6 and 7 of the North-Eastern Areas (Reorganisation) Act, 1971. The territories which immediately before the commencement of this Constitution were either comprised in the Province of Bihar or were being administered as if they formed part of that Province and the territories specified in clause (a) of sub-section (1) of section 3 of the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968, but excluding the territories specified in sub-section (1) of section 3 of the Bihar and West Bengal (Transfer of Territories) Act, 1956, and the territories specified in clause (b) of sub-section (1) of section 3 of the first mentioned Act and the territories specified in section 3 of the Bihar Reorganisation Act, 2000. The territories referred to in sub-section (1) of section 3 of the Bombay Reorganisation Act, 1960. The territories specified in sub-section (1) of section 5 of the States Reorganisation Act, 1956. The territories specified in sub-section (1) of section 9 of the States Reorganisation Act, 1956 and the First Schedule to the Rajasthan and Madhya Pradesh (Transfer of Territories) Act, 1959 but excluding the territories specified in section 3 of the Madhya Pradesh Reorganisation Act, 2000. 185

191

7. Tamil Nadu

8. Maharashtra

9. Karnataka

10. Orissa

11. Punjab

12. Rajasthan

13. Uttar Pradesh

THE CONSTITUTION OF INDIA

The territories which immediately before the commencement of this Constitution were either comprised in the Province of Madras or were being administered as if they formed part of that Province and the territories specified in section 4 of the States Reorganisation Act, 1956, and the Second Schedule to the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959, but excluding the territories specified in sub-section (1) of section 3 and sub-section (1) of section 4 of the Andhra State Act, 1953 and the territories specified in clause (b) of sub-section (1) of section 5, section 6 and clause (d) of sub-section (1) of section 7 of the States Reorganisation Act, 1956 and the territories specified in the First Schedule to the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959. The territories specified in sub-section (1) of section 8 of the States Reorganisation Act, 1956, but excluding the territories referred to in sub-section (1) of section 3 of the Bombay Reorganisation Act, 1960. The territories specified in sub-section (1) of section 7 of the States Reorganisation Act, 1956 but excluding the territory specified in the Schedule to the Andhra Pradesh and Mysore (Transfer of Territory) Act, 1968. The territories which immediately before the commencement of this Constitution were either comprised in the Province of Orissa or were being administered as if they formed part of that Province. The territories specified in section 11 of the States Reorganisation Act, 1956 and the territories referred to in Part II of the First Schedule to the Acquired Territories (Merger) Act, 1960 but excluding the territories referred to in Part II of the First Schedule to the Constitution (Ninth Amendment) Act, 1960 and the territories specified in subsection (1) of section 3, section 4 and sub-section (1) section 5 of the Punjab Reorganisation Act, 1966. The territories specified in section 10 of the States Reorganisation Act, 1956 but excluding the territories specified in the First Schedule to the Rajasthan and Madhya Pradesh (Transfer of Territories) Act, 1959. The territories which immediately before the commencement of this Constitution were either comprised in the Province known as the United Provinces or were being administered as if they formed part of that Province, the territories specified in clause (b) of sub-section (1) of section 3 of the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968, and the territories specified in clause (b) of sub-section (1) of section 4 of the Haryana and Uttar Pradesh (Alteration

192

14. West Bengal

15. Jammu and Kashmir

16. Nagaland 17. Haryana

18. Himachal Pradesh

19. Manipur

20.Tripura

21. Meghalaya 22. Sikkim

THE CONSTITUTION OF INDIA

of Boundaries) Act, 1979, but excluding the territories specified in clause (a) of sub-section (1) of section 3 of the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968, and the territories specified in section 3 of the Uttar Pradesh Reorganisation Act, 2000 and the territories specified in clause (a) of sub-section (1) of section 4 of the Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979. The territories which immediately before the commencement of this Constitution were either comprised in the Province of West Bengal or were being administered as if they formed part of that Province and the territory of Chandernagore as defined in clause (c) of section 2 of the Chandernagore (Merger) Act, 1954 and also the territories specified in subsection (1) of section 3 of the Bihar and West Bengal (Transfer of Territories) Act, 1956. The territory which immediately before the commencement of this Constitution was comprised in the Indian State of Jammu and Kashmir. The territories specified in sub-section (1) of section 3 of the State of Nagaland Act, 1962. The territories specified in sub-section (1) of section 3 of the Punjab Reorganisation Act, 1966 and the territories specified in clause (a) of sub-section (1) of section 4 of the Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979, but excluding the territories specified in clause (v) of subsection (1) of section 4 of that Act. The territories which immediately before the commencement of this Constitution were being administered as if they were Chief Commissioners’ Provinces under the names of Himachal Pradesh and Bilaspur and the territories specified in sub-section (1) of section 5 of the Punjab Reorganisation Act, 1966. The territory which immediately before the commencement of this Constitution was being administered as if it were a Chief Commissioner’s Province under the name of Manipur. The territory which immediately before the commencement of this Constitution was being administered as if it were a Chief Commissioner’s Province under the name of Tripura. The territories specified in section 5 of the North-Eastern Areas (Reorganisation) Act, 1971. The territories which immediately before the commencement of the Constitution (Thirty-sixth Amendment) Act, 1975, were comprised in Sikkim.

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THE CONSTITUTION OF INDIA

23. Mizoram 24. Arunachal Pradesh 25. Goa 26. Chhattisgarh 27. Uttaranchal 28. Jharkhand

Name 1. Delhi

* *

* *

The territories specified in section 6 of the North-Eastern Areas (Reorganisation) Act, 1971. The territories specified in section 7 of the North-Eastern Areas (Reorganisation) Act, 1971. The territories specified in section 3 of the Goa, Daman and Diu Reorganisation Act, 1987. The territories specified in section 3 of the Madhya Pradesh Reorganisation Act, 2000. The territories specified in section 3 of the Uttar Pradesh Reorganisation Act, 2000. The territories specified in section 3 of the Bihar Reorganisation Act, 2000. I I. THE U NI O N TE RR I TO RI ES Extent The territory which immediately before the commencement of this Constitution was comprised in the Chief Commissioner’s Province of Delhi. * * * * * *

2.The Andaman and The territory which immediately before the commencement of Nicobar Islands this Constitution was comprised in the Chief Commissioner’s Province of the Andaman and Nicobar Islands. 3. Lakshadweep The territory specified in section 6 of the States Reorganisation Act, 1956. 4. Dadra and The territory which immediately before the eleventh day of Nagar Haveli August 1961 was comprised in Free Dadra and Nagar Haveli. 5. Daman and Diu The territories specified in section 4 of the Goa, Daman and Diu Reorganisation Act, 1987. 6. Pondicherry The territories which immediately before the sixteenth day of August, 1962, were comprised in the French Establishments in India known as Pondicherry, Karikal, Mahe and Yanam. 7. Chandigarh The territories specified in section 4 of the Punjab Reorganisation Act, 1966. * *

* *

* *

* *

* *

194

THE CONSTITUTION OF INDIA

SECOND SCHEDULE [ Ar ti cl es 59(3 ), 65(3) , 75(6 ), 97, 125, 148(3) , 158(3 ), 164(5 ), 186 and 221] PART A P R O V I S I O N S A S T O T H E P R E S I D E N T A N D T H E G O V E R N O R S O F S TAT E S 1. There shall be paid to the President and to the Governors of the States the following emoluments per mensem, that is to say:— The President .. 10,000 rupees*. The Governor of a State .. 5,500 rupees**. 2. There shall also be paid to the President and to the Governors of the States such allowances as were payable respectively to the Governor-General of the Dominion of India and to the Governors of the corresponding Provinces immediately before the commencement of this Constitution. 3. The President and the Governors of the States throughout their respective terms of office shall be entitled to the same privileges to which the Governor-General and the Governors of the corresponding Provinces were respectively entitled immediately before the commencement of this Constitution. 4. While the Vice-President or any other person is discharging the functions of, or is acting as, President, or any person is discharging the functions of the Governor, he shall be entitled to the same emoluments, allowances and privileges as the President or the Governor whose functions he discharges or for whom he acts, as the case may be. *

*

*

*

*

PART C PROVISIONS AS TO PEOPLE OF

SPE AKER AND THE D EPUTY SPE AKER O F THE HOUSE C HAIR MAN AND THE D EPUTY C HAIR MAN T H E C O U N C I L O F S TAT E S A N D T H E S P E A K E R A N D T H E D E P U T Y S P E A K E R O F T H E L E G I S L AT I V E A S S E M B LY AN D THE CH AI RMAN AN D THE DEPUTY C H A I R M A N O F T H E L E G I S L AT I V E C O U N C I L O F A S TAT E THE

OF THE

AND THE

7. There shall be paid to the Speaker of the House of the People and the Chairman of the Council of States such salaries and allowances as were payable to the Speaker of the Constituent Assembly of the Dominion of India immediately before the commencement of this Constitution, and there shall be paid to the Deputy Speaker of the House of the People and to the Deputy Chairman of the Council of States such salaries and allowances as were payable to the Deputy Speaker of the Constituent Assembly of the Dominion of India immediately before such commencement. 8. There shall be paid to the Speaker and the Deputy Speaker of the Legislative Assembly and to the Chairman and the Deputy Chairman of the Legislative Council of a State such salaries and allowances as were payable respectively to the Speaker and the Deputy Speaker of the Legislative Assembly and the President and the Deputy President of the Legislative ________________________________________________________________________________________________

* Now 50,000 rupees, vide Act 25 of 1998, s. 2 (w.e.f. 1.1.1996). ** Now 36,000 rupees, vide Act 27 of 1998, s. 2 (w.e.f. 1.1.1996)

189

195

THE CONSTITUTION OF INDIA

Council of the corresponding Province immediately before the commencement of this Constitution and, where the corresponding Province had no Legislative Council immediately before such commencement, there shall be paid to the Chairman and the Deputy Chairman of the Legislative Council of the State such salaries and allowances as the Governor of the State may determine. PROVISIONS

AS TO THE

JUDGES

PART D S U P R E M E C O U RT

OF THE

AN D O F THE

H I G H C O U RT S

9. (1) There shall be paid to the Judges of the Supreme Court, in respect of time spent on actual service, salary at the following rates per mensem, that is to say:— Th e Chi e f J us tic e .. 1 0,000 rupe es *. An y othe r Judge .. 9,000 rup ee s **: Provided that if a Judge of the Supreme Court at the time of his appointment is in receipt of a pension (other than a disability or wound pension) in respect of any previous service under the Government of India or any of its predecessor Governments or under the Government of a State or any of its predecessor Governments, his salary in respect of service in the Supreme Court shall be reduced— ( a) b y the a moun t o f th at pen sion, and ( b) if he has , be fo re su ch appo int men t, re c ei ved in l ieu o f a port ion o f th e p ens ion du e to hi m in re sp ec t of suc h pr e viou s se r vi c e the c o mmut ed va lu e th er eo f, b y the a mo unt o f tha t portion of the pen sion, a nd ( c ) if he has , be fo re su ch appo int men t, re c ei ved a re ti re me nt gra tu it y in r es pe ct of su ch pr e viou s s er vic e , b y the pen sion e quiva le nt o f that gr atu it y. (2) Every Judge of the Supreme Court shall be entitled without payment of rent to the use of an official residence. (3) Nothing in sub-paragraph (2) of this paragraph shall apply to a Judge who, immediately before the commencement of this Constitution,— ( a) wa s holdin g offi ce as th e Chie f Ju sti ce of th e Fed er al Cou rt and h as b eco me on su ch co m men c e me nt the Ch ie f Ju st ic e o f the Supre me Cou rt unde r cl aus e (1 ) o f a rt ic le 374, or ( b) wa s holdin g offi ce as an y oth er Jud ge of the Fed er al Court and h as on su ch co m men c e men t bec o me a Jud ge (oth er th an th e Chi e f Ju st ic e) of th e Supre me Cour t under th e s ai d c la us e, during the period he holds office as such Chief Justice or other Judge, and every Judge who so becomes the Chief Justice or other Judge of the Supreme Court shall, in respect of time spent on actual service as such Chief Justice or other Judge, as the case may be, be entitled to receive in addition to the salary specified in sub-paragraph (1) of this paragraph as special pay an amount equivalent to the difference between the salary so specified and the salary which he was drawing immediately before such commencement. (4) Every Judge of the Supreme Court shall receive such reasonable allowances to __________________________________________________________ reimburse him for expenses incurred in travelling on duty within the territory of India and *Now 33.000 rupees, vide Act 18 of 1998, s. 7 (w.e.f. 1-1-1996) ** Now 30.000 rupees, vide s. 7, ibid (w.e.f. 1-1-1996).

196

THE CONSTITUTION OF INDIA

shall be afforded such reasonable facilities in connection with travelling as the President may from time to time prescribe. (5) The rights in respect of leave of absence (including leave allowances) and pension of the Judges of the Supreme Court shall be governed by the provisions which, immediately before the commencement of this Constitution, were applicable to the Judges of the Federal Court. 10. (1) There shall be paid to the Judges of High Courts, in respect of time spent on actual service, salary at the following rates per mensem, that is to say,— Th e Chi e f J us tic e .. 9 ,000 rupe es *. An y othe r Judge .. 8 ,000 rupe es **: Provided that if a Judge of a High Court at the time of his appointment is in receipt of a pension (other than a disability or wound pension) in respect of any previous service under the Government of India or any of its predecessor Governments or under the Government of a State or any of its predecessor Governments, his salary in respect of service in the High Court shall be reduced— (a) b y th e a mo unt of tha t p ens ion, and ( b) i f he ha s, be fo re suc h appo int men t, r ec e ive d in li eu o f a port ion o f the p ens ion due to hi m in r es pe ct of su ch pr e viou s s er vic e the c o mmut ed val ue th er eo f, b y the a moun t o f th at portion o f the p ens ion, a nd ( c ) if he has , be for e su ch a ppoint me nt , re c ei ved a re ti re me nt gr atu it y in re spe ct o f su ch pr e vi ous s er vic e , b y th e pen sion e qui va le nt o f th at gr a tui t y. (2) Every person who immediately before the commencement of this Constitution— ( a) wa s holdin g offi ce as th e Chie f Ju sti ce of a H igh Court in an y P ro vinc e an d ha s on su ch co m men c e me nt bec o me th e Ch ie f Ju st ic e o f th e Hi gh Cour t in th e c or re spondin g St at e unde r c la us e (1) o f ar ti cl e 376, or ( b) wa s holdin g offi ce as an y oth er Jud ge of a Hi gh Cour t in an y P ro vinc e and ha s on su ch co m men c e me nt bec o me a Jud ge (oth er than the Ch ie f Jus ti ce ) of the Hi gh Cou rt in th e cor re spond ing S ta te unde r the s ai d c la us e, shall, if he was immediately before such commencement drawing a salary at a rate higher than that specified in sub-paragraph (1) of this paragraph, be entitled to receive in respect of time spent on actual service as such Chief Justice or other Judge, as the case may be, in addition to the salary specified in the said sub-paragraph as special pay an amount equivalent to the difference between the salary so specified and the salary which he was drawing immediately before such commencement.

____________________________________________________________ * Now 30,000 rupees, vide Act 18 of 1988, s. 4 (w.e.f. 1.1.1996) ** Now 26,000 rupees, vide s. 4, ibid. (w.e.f. 1.1.1996)

197

THE CONSTITUTION OF INDIA

(3) Any person who, immediately before the commencement of the Constitution (Seventh Amendment) Act, 1956, was holding office as the Chief Justice of the High Court of a State specified in Part B of the First Schedule and has on such commencement become the Chief Justice of the High Court of a State specified in the said Schedule as amended by the said Act, shall, if he was immediately before such commencement drawing any amount as allowance in addition to his salary, be entitled to receive in respect of time spent on actual service as such Chief Justice, the same amount as allowance in addition to the salary specified in subparagraph (1) of this paragraph. 11. In this Part, unless the context otherwise requires,— ( a) th e e xp re ss ion “ Chi e f Ju sti ce ” inc lude s an a ct ing Chi e f Jus ti ce , a nd a “ Jud ge” includ es an ad hoc Jud ge; ( b) “a ct ua l se rvi ce ” in clud es — (i ) ti me sp ent b y a Jud ge on dut y a s a Judge or in th e p er for ma nc e of suc h oth er fun ct ions as he ma y at the r equ es t of th e P re sid ent unde rt ake to di sch arge ; ( ii) va ca tion s, e xclud ing an y ti me dur ing whi c h th e Judge i s a bs ent on l ea ve; a nd (ii i) joinin g ti me on tr an s fe r fr o m a H igh Court to the Supr e me Cou rt or fro m one Hi gh Cour t to ano the r.

PART E PROVISIONS AS TO THE COMPTROLLER A U D I T O R -G E N E R A L O F I N D I A

AND

12. (1) There shall be paid to the Comptroller and Auditor-General of India a salary at the rate of *four thousand rupees per mensem. (2) The person who was holding office immediately before the commencement of this Constitution as Auditor-General of India and has become on such commencement the Comptroller and Auditor-General of India under artcle 377 shall in addition to the salary specified in sub-paragraph (1) of this paragraph be entitled to receive as special pay an amount equivalent to the difference between the salary so specified and the salary which he was drawing as Auditor-General of India immediately before such commencement. (3) The rights in respect of leave of absence and pension and the other conditions of service of the Comptroller and Auditor-General of India shall be governed or shall continue to be governed, as the case may be, by the provisions which were applicable to the AuditorGeneral of India immediately before the commencement of this Constitution and all references in those provisions to the Governor-General shall be construed as references to the President.

_________________________________________________________________________________________________

* The Comptroller and Auditor-General of India shall be paid a salary equal to the salary of the Judges of the Supreme Court vide s. 3 of Act 56 of 1971. The salary of Judges of the Supreme Court has been raised to Rs. 30,000 per mensem by Act 18 of 1998, s. 7 (w.e.f.1.1.1996). THIRD SCHEDULE

198

THE CONSTITUTION OF INDIA

[ Articles 75(4), 99, 124(6), 148(2), 164 (3), 188 and 219] * For ms of Oat hs or Af fi r mati ons I Form of oath of office for a Minister for the Union:— “I, A.B., do swear in the name of God

that

I

will

bear

true

faith and

solemnly affirm

allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will faithfully and conscientiously discharge my duties as a Minister for the Union and that I will do right to all manner of people in accordance with the Constitution and the law, without fear or favour, affection or ill-will.” II Form of oath of secrecy for a Minister for the Union:— “I, A.B., do swear in the name of God that I will not directly or indirectly solemnly affirm

communicate or reveal to any person or persons any matter which shall be brought under my consideration or shall become known to me as a Minister for the Union except as may be required for the due discharge of my duties as such Minister.” II I A Form of oath or affirmation to be made by a candidate for election to Parliament:— “I, A.B., having been nominated as a candidate to fill a seat in the Council of States (or the House of the People) do swear in the name of God that I will bear true faith solemnly affirm

and allegiance to the Constitution of India as by law established and that I will uphold the sovereignty and integrity of India.” B Form of oath or affirmation to be made by a member of Parliament:— “I, A.B., having been elected (or nominated) a member of the Council of States (or the House of the People) do swear in the name of God that I will bear true faith and allegiance solemnly affirm

to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India and that I will faithfully discharge the duty upon which I am about to enter.”

______________________________________________________ *See also arts. 84(a) and 173(a).

IV

Form of oath or affirmation to be made by the Judges of the Supreme Court and the Comptroller and Auditor-General of India:— 193

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THE CONSTITUTION OF INDIA

“I, A.B., having been appointed Chief Justice (or a Judge) of the Supreme Court of India (or Comptroller and Auditor-General of India) do swear in the name of God that I solemnly affirm

will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws.” V Form of oath of office for a Minister for a State:— “I, A.B., do swear in the name of God that I will bear true faith and allegiance to the solemnly affirm

Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will faithfully and conscientiously discharge my duties as a Minister for the State of ..........and that I will do right to all manner of people in accordance with the Constitution and the law without fear or favour, affection or ill-will.” VI Form of oath of secrecy for a Minister for a State:— “I, A.B., do swear in the name of God that I will not directly or indirectly solemnly affirm

communicate or reveal to any person or persons any matter which shall be brought under my consideration or shall become known to me as a Minister for the State of ....................except as may be required for the due discharge of my duties as such Minister.” VI I A Form of oath or affirmation to be made by a candidate for election to the Legislature of a State:— “I, A.B., having been nominated as a candidate to fill a seat in the Legislative Assembly (or Legislative Council), do swear in the name of God that I will bear true solemnly affirm

faith and allegiance to the Constitution of India as by law established and that I will uphold the sovereignty and integrity of India.” B Form of oath or affirmation to be made by a member of the Legislature of a State:— “I, A.B., having been elected (or nominated) a member of the Legislative Assembly (or Legislative Council), do swear in the name of God that I will bear true faith and solemnly affirm

allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India and that I will faithfully discharge the duty upon which I am about to enter.” VI I I Form of oath or affirmation to be made by the Judges of a High Court:—

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THE CONSTITUTION OF INDIA

“I, A.B., having been appointed Chief Justice (or a Judge) of the High Court at (or of) ..........do swear in the name of God that I will bear true faith and allegiance to solemnly affirm

the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws.”

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FOURTH SCHEDULE [Articles 4(1) and 80(2)] Al lo ca tion o f se at s in the Coun ci l o f St at es To each State or Union territory specified in the first column of the following table, there shall be allotted the number of seats specified in the second column thereof opposite to that State or that Union territory, as the case may be. TABLE 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.

Andhra Pradesh………………………………………………… Assam ………………………………………………………….. Bihar…………………………………………………………….. Jharkhand……………………………………………………….. Goa……………………………………………………………….. Gujarat……………………………………………………………. Haryana…………………………………………………………… Kerala…………………………………………………………….. Madhya Pradesh…………………………………………………. Chhattisgarh……………………………………………………… Tamil Nadu ……………………………………………………… Maharashtra………………………………………………………… Karnataka…………………………………………………………. Orissa……………………………………………………………… Punjab……………………………………………………………… Rajasthan………………………………………………………….. Uttar Pradesh………………………………………………………. Uttaranchal………………………………………………………… West Bengal……………………………………………………….. Jammu and Kashmir………………………………………………. Nagaland……………………………………………………………. Himachal Pradesh…………………………………………………. Manipur…………………………………………………………….. Tripura………………………………………………………………. Meghalaya…………………………………………………………. Sikkim………………………………………………………………. Mizoram…………………………………………………………….. Arunachal Pradesh……………………………………………….. Delhi………………………………………………………………… Pondicherry………………………………………………………… Total……………………………………………… 196

18 7 16 6 1 11 5 9 11 5 18 19 12 10 7 10 31 3 16 4 1 3 1 1 1 1 1 1 3 1 233

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THE CONSTITUTION OF INDIA

FIFTH SCHEDULE [Article 244(1)] Provisions as to the Ad min istra tion and Con tr ol of Sched uled Ar eas an d Sched uled Tr ibe s PART A GE NE R AL 1. Interpretation.—In this Schedule, unless the context otherwise requires, the expression “State” does not include the States of Assam, Meghalaya, Tripura and Mizoram. 2. Executive power of a State in Scheduled Areas.—Subject to the provisions of this Schedule, the executive power of a State extends to the Scheduled Areas therein. 3. Report by the Governor to the President regarding the administration of Scheduled Areas.—The Governor of each State having Scheduled Areas therein shall annually, or whenever so required by the President, make a report to the President regarding the administration of the Scheduled Areas in that State and the executive power of the Union shall extend to the giving of directions to the State as to the administration of the said areas. A D M I N I S T R AT I O N

AN D

CONTROL

OF

PART B SC HEDULE D A RE AS

AND

SCHEDULED TRIBES

4. Tribes Advisory Council.—(1) There shall be established in each State having Scheduled Areas therein and, if the President so directs, also in any State having Scheduled Tribes but not Scheduled Areas therein, a Tribes Advisory Council consisting of not more than twenty members of whom, as nearly as may be, three-fourths shall be the representatives of the Scheduled Tribes in the Legislative Assembly of the State: Provided that if the number of representatives of the Scheduled Tribes in the Legislative Assembly of the State is less than the number of seats in the Tribes Advisory Council to be filled by such representatives, the remaining seats shall be filled by other members of those tribes. (2) It shall be the duty of the Tribes Advisory Council to advise on such matters pertaining to the welfare and advancement of the Scheduled Tribes in the State as may be referred to them by the Governor. (3) The Governor may make rules prescribing or regulating, as the case may be,— (a) the number of members of the Council, the mode of their appointment and the appointment of the Chairman of the Council and of the officers and servants thereof; (b) the conduct of its meetings and its procedure in general; and (c) all other incidental matters. 5. Law applicable to Scheduled Areas.—(1) Notwithstanding anything in this Constitution, the Governor may by public notification direct that any particular Act of Parliament or of the Legislature of the State shall not apply to a Scheduled Area or any part thereof in the State or shall apply to a Scheduled Area or any part thereof in the State subject to such exceptions and modifications as he may specify in the notification and any direction given under this sub-paragraph may be given so as to have retrospective effect. 197

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(2) The Governor may make regulations for the peace and good government of any area in a State which is for the time being a Scheduled Area. In particular and without prejudice to the generality of the foregoing power, such regulations may— (a) prohibit or restrict the transfer of land by or among members of the Scheduled Tribes in such area; (b) regulate the allotment of land to members of the Scheduled Tribes in such area; (c) regulate the carrying on of business as money-lender by persons who lend money to members of the Scheduled Tribes in such area. (3) In making any such regulation as is referred to in sub-paragraph (2) of this paragraph, the Governor 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 the area in question. (4) All regulations made under this paragraph shall be submitted forthwith to the President and, until assented to by him, shall have no effect. (5) No regulation shall be made under this paragraph unless the Governor making the regulation has, in the case where there is a Tribes Advisory Council for the State, consulted such Council.

PART C S C HE DU LE D AR E AS 6. Scheduled Areas.—(1) In this Constitution, the expression “Scheduled Areas” means such areas as the President may by order1 declare to be Scheduled Areas. (2) The President may at any time by order2— (a) direct that the whole or any specified part of a Scheduled Area shall cease to be a Scheduled Area or a part of such an area; (aa) increase the area of any Scheduled Area in a State after consultation with the Governor of that State; (b) alter, but only by way of rectification of boundaries, any Scheduled Area; (c) on any alteration of the boundaries of a State or on the admission into the Union or the establishment of a new State, declare any territory not previously included in any State to be, or to form part of, a Scheduled Area; (d) rescind, in relation to any State or States, any order or orders made under this paragraph, and in consultation with the Governor of the State concerned, make fresh orders redefining the areas which are to be Scheduled Areas; and any such order may contain such incidental and consequential provisions as appear to the President to be necessary and proper, but save as aforesaid, the order made under subparagraph (1) of this paragraph shall not be varied by any subsequent order. _____________________________________________________________________________________________

1. See the Scheduled Areas (Part A States) Order, 1950 (C.O. 9), the Scheduled Areas (Part B States) Order, 1950 (C.O.26), the Scheduled Areas (Himachal Pradesh) Order, 1975 (C.O. 102) and the Scheduled Areas (States of Bihar, Gujarat, Madhya Pradesh and Orissa) Order, 1977 (C.O. 109) 2. See the Madras Scheduled Areas (Cessor) Order, 1950 (C.O. 30) and the Andhra Scheduled Areas (Cessor) Order, 1955 (C.O. 50).

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PART D AMENDMENT

OF THE

S C HE DU LE

7. Amendment of the Schedule.—(1) Parliament may from time to time by law amend by way of addition, variation or repeal any of the provisions of this Schedule and, when the Schedule is so amended, any reference to this Schedule in this Constitution shall be construed as a reference to such Schedule as so amended. (2) No such law as is mentioned in sub-paragraph (1) of this paragraph shall be deemed to be an amendment of this Constitution for the purposes of article 368.

SIXTH SCHEDULE

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[ Art ic le s 244(2) and 275(1 )] Provi si ons as to the A d mi ni st r ati on of Tr i bal A re as i n t he St at es of As s a m, M eg hal ay a, Tri pur a and M iz or a m 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 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. 2 2. Constitution of District Councils and Regional Councils.—(1) There shall be a

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 following proviso after sub-paragraph (2), namely: “Provided that nothing in this sub-paragraph shall apply to the Bodoland Territorial Areas District.”\ *2. Paragraph 2 has been amended in its application to the State of Assam by s. 2,ibid., so as to insert the following proviso after sub-paragraph (1), namely: — “Provided that the Bodoland Territorial Council shall consist of not more than forty-six members of whom forty shall be elected on the basis of adult suffrage, of whom thirty shall be reserved for the Scheduled Tribes, five for nontribal communities, five open for 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 communities of the Bodoland Territorial Areas District, of which at least two shall be women.” *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 following proviso after sub-paragraph (3), namely,“Provided that the District Council constituted for the North Cachar Hills District shall be called as the North Cachar Hills Autonomous Council and the District Council constituted for the Karbi Anglong District shall be called as the Karbi Anglong Autonomous District Council for Council.” each autonomous district consisting of not more than thirty *Paragraph 2 has been not amended its application to theshall State be of nominated Assam by thebySixth to the members, of whom moreinthan four persons the Schedule Governor andConstitution the (Amendment) Act, 2003 (44 of 2003)s. 2 , so as to insert the following proviso after the proviso in sub-paragraph (3), restnamely: shall be elected on the basis of adult suffrage. — “Provided further that the District Council constituted for the Bodoland Territorial Areas District shall be called the Bodoland Territorial Council.”

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(2) There shall be a separate Regional Council for each area constituted an autonomous region under sub-paragraph (2) of paragraph 1 of this Schedule. (3) Each District Council and each Regional Council shall be a body corporate by the name respectively of “the District Council of (name of district)” and “the Regional Council of (name of region)”, shall have perpetual succession and a common seal and shall by the said name sue and be sued. (4) Subject to the provisions of this Schedule, the administration of an autonomous district shall, in so far as it is not vested under this Schedule in any Regional Council within such district, be vested in the District Council for such district and the administration of an autonomous region shall be vested in the Regional Council for such region. (5) In an autonomous district with Regional Councils, the District Council shall have only such powers with respect to the areas under the authority of the Regional Council as may be delegated to it by the Regional Council in addition to the powers conferred on it by this Schedule with respect to such areas. (6) The Governor shall make rules for the first constitution of District Councils and Regional Councils in consultation with the existing tribal Councils or other representative tribal organisations within the autonomous districts or regions concerned, and such rules shall provide for— (a) the composition of the District Councils and Regional Councils and the allocation of seats therein; (b) the delimitation of territorial constituencies for the purpose of elections to those Councils; (c) the qualifications for voting at such elections and the preparation of electoral rolls therefor; (d) the qualifications for being elected at such elections as members of such Councils; (e) the term of office of members of Regional Councils; (f) any other matter relating to or connected with elections or nominations to such Councils; (g) the procedure and the conduct of business (including the power to act notwithstanding any vacancy) in the District and Regional Councils; (h) the appointment of officers and staff of the District and Regional Councils. (6A) The elected members of the District Council shall hold office for a term of five years from the date appointed for the first meeting of the Council after the general elections to the Council, unless the District Council is sooner dissolved under paragraph 16 and a nominated member shall hold office at the pleasure of the Governor: Provided that the said period of five years may, while a Proclamation of Emergency is in operation or if circumstances exist which, in the opinion of the Governor, render the holding of elections impracticable, be extended by the Governor for a period not exceeding one year at a time and in any case where a Proclamation of Emergency is in operation not extending beyond a period of six months after the Proclamation has ceased to operate: Provided further that a member elected to fill a casual vacancy shall hold office only for the remainder of the term of office of the member whom he replaces.

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(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) th e fo r ma ti on of subo rdin at e lo ca l Coun ci ls or Boa rds and th ei r proc edu re a nd th e conduc t of th ei r busin es s; a nd ( b) gen er al l y a ll mat t er s r el at ing to th e tr an sa ct ion o f busin es s pe rta inin g to the a d mi ni st ra tion o f the di st ri ct or re gi on, a s th e c as e ma y be: Provided that until rules are made by the District or the Regional Council under this subparagraph 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 3. Powers of the District Councils and Regional Councils to make laws.—(1) The Regional Council for an autonomous region in respect of all areas within such region and _________________________________________________________________ *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 paragraph 3A or subparagraph (1) of paragraph 3B shall be submitted forthwith to the Governor and, until assented to by him, shall have no effect.” After paragraph 3, the following paragraph has been inserted in its application to the State of Assam by the Sixth Schedule to the Constitution (Amendment) Act, 1995 (42 of 1995), s.2 , namely:— “3A. Additional powers of the North Cachar Hills Autonomous Council and the Karbi 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 Autonomous Council within their respective districts, shall have power to make laws with respect to— (a) industries, su bject to the provision s of en tries 7 and 52 of List I of th e Seventh Schedu le; ( b ) c o mmu n i c a t i o n s , t h a t i s t o s a y, r o a d s , b r i d ge s , f e r r i e s a n d ot h e r me a n s o f c o mmu n i c a t i o n n o t s p e c i f i e d i n Li s t I o f t h e S e v e n t h S c h e d u l e ; mu n i c i p a l t r a mw a y s , r o p e w a ys , i n l a n d w a t e r w a y s a n d t r a ff i c t h e r e o n s u bj e c t t o t h e p r o v i s i o n s o f Li s t I a n d Li s t I I I o f t h e S e v e n t h S c h e d u l e w i t h r e g a r d t o s u c h w a t e r w a ys ; v e h i c le s o t h e r t h a n me c h a n i c a l l y p r o p e l l e d v e h i c l e s ; ( c ) p r e s e r v a t i o n , p r o t e c t i o n a n d i mp r o v e me n t o f s t oc k a n d pr e v e n t i on o f a n i ma l d i s e a s e s ; v e t e r i n a r y t r a i n i n g a n d p r a c t i c e ; c a t t l e p o u n d s ; (d) primary and secondary education; ( e ) a g r i c u lt u r e , i n c lu d i n g a g r i c u l t u r a l e d u c a t i on a n d r e s e a r c h , pr ot e c t i o n again st pests and preven tion of plan t diseases; ( f ) fi s h e r i e s ; ( g ) w a t e r, t h a t i s t o s a y, w a t e r s u p p l i e s , i r r i ga t i o n a n d c a n a l s , d r a i n a g e a n d e mb a n k me n t s , w a t e r s t o r a g e a n d w a t e r p o w e r s u bj e c t t o t h e pr o v i s i on s o f e n t r y 5 6 o f Li s t I o f t h e S e v e n t h S c h e d u le ; ( h ) s o c i a l s e c u r i t y a n d s o c i a l i n s u r a n c e ; e mp l o yme n t a n d u n e mp l o yme n t ; ( i ) f l o o d c o n t r o l s c h e me s f o r p r o t e c t i o n o f v i l l a g e s , pa d d y f i e l d s , ma r k e t s , t o w n s , e t c . ( n o t o f t e c h n i c a l n a t u r e ) ;

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( j ) t h e a t r e a n d d r a ma t i c p e r f o r ma n c e s , c i n e ma s s u bj e c t t o t h e pr o v i s i o n s o f e n t r y 6 0 o f Li s t I o f t h e S e v e n t h S c h e d u l e ; s p o r t s e n t e r t a i n me n t s a n d a mu s e me n t s ; (k) public health and sanitation, hospitals and dispensaries; (l) minor irrigation; (m) trade and commerce in, and the production supply and distribution of, food stuffs, 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 under any law made by Parliament to be of national importance; and (o) alienation of land. (2) All laws made by the North Cachar Hills Autonomous Council and the Karbi Anglong 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 North 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 specified provisions thereof and, in particular, will, consider the 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 months from the date of receipt of such message and, if the law is again passed by the said Council with or without amendment it shall be presented again to the President for his consideration.”. *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 0f 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 within 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 diseases, 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, adult 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 supply; (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) Lotteries (subject to the provisions of entry 40 of List I of the Seventh Schedule), theatres, dramatic performances and cinemas (subject to the provisions of entry 60 of List I of the Seventh Schedule); (xviii) Markets and fairs; (xix) Municipal corporation, improvement trust, district boards and other local authorities; (xx) Museum and archaeology institutions controlled or financed by the State, ancient and historical monuments and records other than those declared by or under any law made by Parliament to be of national importance; (xxi) Panchayat and rural development; (xxii) Planning and development; (xxiii) Printing and stationery; (xxiv) Pubic health engineering; (xxv) Public works department; (xxvi) Publicity and public relations; (xxvii) Registration of births and deaths; (xxviii) Relief and rehabilitation; (xxix) Sericulture; (xxx) Small, cottage and rural industry subject to the provisions of entries 7 and 52 of List I of the Seventh Schedule; (xxxi) Social Welfare; (xxxii) Soil conservation; (xxxiii) Sports 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, municipal 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 mechanically propelled vehicles); (xxxvii) Tribal research institute controlled and financed by the State Government; (xxxviii) Urban development—town and country planning; (xxxix) Weights and measures

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subject to the provisions of entry 50 of List I of the Seventh Schedule; 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 otherwise eligible for such acquisition of land within the Bodoland Territorial Areas District. (2) All laws made 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 Bodoland 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 the 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 passéd by the said Council with or without amendments it shall be presented again to the President for his consideration.”

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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) th e al lot me nt, occ upa tion or u se , or th e se tt ing ap ar t, o f land , oth er th an an y land whi ch i s a r es e r ve d fo re s t fo r the purpo se s o f a gri cul tur e or gr a zin g or fo r re sid ent ia l or oth er non-a gr i cul tur al purpo se s or for an y oth er purpo se li kel y to pro mot e the int er es ts of th e inhab ita nts o f an y vil la ge or to wn : P ro vide d tha t nothin g in such la ws sh all pre ven t the co mp ul sor y a cqu is ition o f an y l and, wh e th er oc cupi ed or unocc upie d, fo r publi c purpo se s b y the Go ve rn me nt of the St at e conc er ne d in a cc ord an ce wi th th e la w fo r the ti me bein g in fo rc e a uthor is ing such a cqu is ition ; ( b) the man a ge me nt o f an y for es t not bein g a re s er ved for e st ; ( c ) the us e o f an y ca na l or wat e r- cour se for the purpo se o f a gri cul tur e; ( d) the re gula tion o f the pr ac ti ce of jhu m or othe r for ms o f shi fti ng c ult ivat ion; ( e ) the es ta bl ish me nt of vi ll age or to wn c o mmi tt ee s or coun ci ls and th ei r po wer s ; ( f) an y oth er ma tt e r re la tin g to vi ll age or to wn a d mi ni st ra tion, in clud ing vil la ge or to wn poli ce a nd publ ic he al th and san it at ion; ( g) the appoin t men t or su cc e ss ion o f Chi e fs or He ad me n; ( h) the inhe ri tan ce of prop er t y; ( i) ma r ri a ge and divor ce ; ( j) so ci al cu sto ms . (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 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

________________________________________________________ 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 following sub-paragraph after sub-paragraph (5), namely: — “(6) Nothing in this paragraph shall apply to the Bodoland Territorial Council constituted under the proviso to sub-paragraph (3) of paragraph 2 of this Schedule.”

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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 con sti tution o f vi ll a ge counc il s and cou rts a nd th e powe rs to b e e xer c is ed b y th e m under thi s par a gr aph ; ( b) th e proc edu re to be fol lo we d b y vi ll age coun ci ls or cou rts in the t ria l of suit s and ca s es under sub -p ar agr aph (1) o f this p ar agr aph; ( c ) the proc edu re to be fo ll o wed b y th e Re gi ona l or D is tr ic t Coun ci l or an y cou rt cons titu te d b y suc h Counc il in appe al s and oth er pro ce e dings und er sub- pa ra gr a ph (2 ) of th is pa ra gra ph; ( d) th e en for ce me nt of de ci sion s a nd orde rs of su ch c ounc il s and c ourt s; ( e ) all o th er an ci ll ar y ma t te rs fo r the c ar r yi ng out o f the pro vi sion s o f sub -pa ra gra phs (1 ) and (2) of this pa ra gra ph. (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- pa ra gr a ph (1) , fo r the wo rd s “b et we e n the par ti es al l of who m belon g to S che dul ed Tri be s wi th in suc h ar e as , oth er than suit s a nd c as e s to wh ic h the pro vi sion s of sub- par a gr aph (1 ) o f pa ra gra ph 5 of this S che dule a ppl y, ”, th e wo rd s “not be ing s uit s and ca s es of th e natu re r e fer r ed to in s ub- par a gr aph (1) o f par a gr aph (5) o f this Sch edul e, wh ic h th e Go ve rno r ma y sp ec i fy in thi s beh al f,” h ad b een sub st itut ed; ( ii) sub -pa ra gra phs (2 ) and (3) had be en omit te d; ( iii ) in sub -p ar agr aph (4) — ( a) fo r the wor ds “ A Re giona l Counc il or Di st ric t Counc il, a s th e ca s e ma y be, ma y wi th the pre viou s a ppro va l o f the Go ver nor ma ke rul es r e gul at ing” , the wor ds “ the Go ver nor ma y ma ke ru le s r e gul at ing” h ad b een sub st itut ed; and

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( b) for cl au se (a) , the fo llo win g cl aus e had be en sub st itut ed, n a mel y: — “( a) the con sti tution o f vi ll a ge counc il s and cou rts , the po wer s to be exe rc is e d b y the m unde r this pa ra gra ph and the c ourt s to wh ic h app ea ls fro m th e d ec is ions of vi ll a ge coun ci ls a nd c ourt s sha ll li e; ”; ( c ) fo r cl au se ( c ), the fol lo wi ng cl aus e had be en subs ti tute d, n a mel y: — “( c ) the tr ans fe r o f app ea ls a nd oth er pro ce ed ings pend ing b e fo re the R e gion al or D is tri ct Counc il or an y c ourt cons ti tute d b y suc h Coun ci l i mme di at el y be for e the d ate a ppoint ed b y th e P re sid ent unde r sub- pa ra gr a ph (5 ); ”; and ( d) in c lau se ( e ), fo r th e wo rd s, bra c ke ts and fi gu re s “s ubp ar agr aph s (1) and (2 )” , the wo rd , bra c ket s a nd fi gu re “s ubp ar agr aph (1) ” had be en subs titu ted . 5. Conferment of powers under the Code of Civil Procedure, 1908, and the Code of Criminal Procedure, 18981, 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, 1898 1, as he deems appropriate, and thereupon the said Council, court or officer shall try the suits, cases or offences in exercise of the powers so conferred. (2) The Governor may withdraw or modify any of the powers conferred on a District Council, Regional Council, court or officer under sub-paragraph (1) of this paragraph. (3) Save as expressly provided in this paragraph, the Code of Civil Procedure, 1908, and the Code of Criminal Procedure, 1898 1, shall not apply to the trial of any suits, cases or offences in an autonomous district or in any autonomous region to which the provisions of this paragraph apply. (4) On and from the date appointed by the President under sub-paragraph (5) of paragraph 4 in relation to any autonomous district or autonomous region, nothing contained in this paragraph shall, in its application to that district or region, be deemed to authorise the Governor to confer on the District Council or Regional Council or on courts constituted by the District Council any of the powers referred to in sub-paragraph (1) of this paragraph. 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.

1. See now the Code of Criminal Procedure, 1973 (Act 2 of 1974).

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(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. 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 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. 8. Powers to assess and collect land revenue and to impose taxes.—(1) The Regional Council for an autonomous region in respect of all lands within such region and the District Council for an autonomous district in respect of all lands within the district except those which are in the areas under the authority of Regional Councils, if any, within the district, shall have the power to assess and collect revenue in respect of such lands in accordance with the principles for the time being followed by the Government of the State in assessing lands for the purpose of land revenue in the State generally. (2) The Regional Council for an autonomous region in respect of areas within such region and the District Council for an autonomous district in respect of all areas in the district except those which are under the authority of Regional Councils, if any, within the district, shall have power to levy and collect taxes on lands and buildings, and tolls on persons resident within such areas. (3) The District Council for an autonomous district shall have the power to levy and collect all or any of the following taxes within such district, that is to say — ( a) ta xe s on pro fe s sion s, tr ad es , ca ll ings and e mplo yme nt s; ( b) ta xe s on ani ma ls , ve hi cl es and boat s; ( c ) t axe s on th e ent r y o f good s into a ma r ket fo r sa le the re in, and tol ls on p as se nge rs a nd goods c ar ri ed in fe rr ie s; a nd ( d) ta xe s for the ma in ten an ce o f s chool s, di spen sa ri es or ro ad s. (4) A Regional Council or District Council, as the case may be, may make regulations to provide for the levy and collection of any of the taxes specified in sub-paragraphs (2) and (3) of this paragraph and every such regulation shall be submitted forthwith to the Governor and, until assented to by him, shall have no effect. 1 9. Licences or leases for the purpose of prospecting for, or extraction of, minerals.— (1) Such share of the royalties accruing each year from licences or leases for the purpose of

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prospecting for, or the extraction of, minerals granted by the Government of the State in respect of any area within an autonomous district as may be agreed upon between the Government of the State and the District Council of such district shall be made over to that District Council. (2) If any dispute arises as to the share of such royalties to be made over to a District Council, it shall be referred to the Governor for determination and the amount determined by the Governor in his discretion shall be deemed to be the amount payable under sub-paragraph (1) of this paragraph to the District Council and the decision of the Governor shall be final. 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; __________________________________________________________________________________________________

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 subparagraph (2), namely:“ ( 3 ) T h e G o v e r n o r ma y, b y o r d e r, d i r e c t t h a t t h e s h a r e o f r o ya l t i e s t o be ma d e o v e r t o a D i s t r i c t C o u n c i l u n d e r t h i s p a r a g r a p h s h a l l b e ma d e o ve r t o t h a t C ou n c i l w i t h i n a p e r i o d o f o n e ye a r f r o m t h e d a t e o f a n y a g r e e me n t u n d e r s u b -p a r a g r a ph ( 1 ) or, a s t h e c a s e ma y b e , o f a n y d e t e r mi n a t i o n u n d e r s u b -p a r a g r a p h ( 2 ) . ” . * 2 . P a r a g r a p h 1 0 h a s b e e n a me n d e d i n i t s a p p l i c a t i o n t o t h e S t a t e s o f Tr i pu r a a n d M i z or a m b y t h e S i x t h S c h e d u le t o t h e C o n s t i t u t i o n ( A me n d me n t ) A c t , 1 9 8 8 ( 6 7 o f 1 9 8 8 ) , s . 2 , a s under(a) (b) (c)

i n t h e h e a d i n g , t h e w o r d s “ b y n o n -t r i b a l s ” s h a l l b e o mi t t e d ; i n s u b - p a r a g r a p h ( 1 ) , t h e w o r d s “ o t h e r t h a n S c h e d u le d Tr i b e s ” s h a l l be o mi t t e d ; i n s u b - p a r a g r a p h ( 2 ) , f o r c l a u s e ( d ) , t h e f o l l o w i n g c la u s e s h a l l b e s u b s t i t u t e d , n a me l y: (d) prescribe th at no person residen t in th e district shall carr y on an y trade, whether wh olesale or retail, except under a licen ce issued in that behalf b y th e District Council.”. *Paragraph 10 has been amended in its application to the State of Assam by the Sixth Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2 , so as to insert the following sub-paragraph after sub-paragraph (3), namely: “(4) Nothing in this paragraph shall apply to the Bodoland Territorial Council constituted under the proviso to sub-paragraph (3) of paragraph 2 of this Schedule.”

(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 :

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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. (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 Official Gazette of the State and shall on such publication have the force of law. 1 12. Application of Acts of Parliament and of the Legislature of the State of Assam to autonomous districts and autonomous regions in the State of Assam. —(1) Notwithstanding anything in this Constitution — (a) no Act of the Legislature of the State of Assam in respect of any of the matters specified in paragraph 3 of this Schedule as matters with respect to which a District Council or a Regional Council may make laws, and no Act of the Legislature of the State of Assam prohibiting or restricting the consumption of any non-distilled alcoholic liquor shall apply to any autonomous district or autonomous region in that State unless in either case the District Council for such district or having jurisdiction over such region by public notification so directs, and the District Council in giving such direction with respect to any Act may direct that the Act shall in its application to such district or region or any part thereof have effect subject to such exceptions or modifications as it thinks fit; (b) the Governor may, by public notification, direct that any Act of Parliament or of the Legislature of the State of Assam to which the provisions of clause (a) of this sub-paragraph do not apply shall not apply to an autonomous district or an autonomous region in that State, or shall apply to such district or region or any part thereof subject to such exceptions or modifications as he may specify in the notification. (2) Any direction given under sub-paragraph (1) of this paragraph may be given so as to have retrospective effect. 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 a n y p r ovi s i on of a law ma d e b y a D i st r i ct or R egi on a l C ou nc i l in t h e S t a t e of M egha la ya w i th r es p ec t t o an y ma t t er sp ec i f i ed in su b- p ar a gr ap h ( 1 ) o f p a ra g r a ph 3 of t hi s S ch edu le or if an y p r ovi s i on of an y r e gu la t i on m ad e b y a D is t r ic t C oun c i l or a R egi ona l C ou nc i l i n th at S ta t e un d er p ar a g r ap h 8 or p ar a gra ph 10 of t h is S c h ed u l e, i s r ep u gna n t t o an y p r ovi s i on o f a la w ma d e b y t h e L egi s la tu r e of t h e S ta t e of M egh a la ya w it h r esp ec t t o t h a t m a t t er, t h en, th e law or r egu la t i on m ad e b y th e D i s tr i c t C oun c i l or, a s t h e c as e ma y b e, th e R egi on a l C oun c i l whe th er ma d e be for e

__________________________________________________________ 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,paragraph sub-paragraph forgithe words figureSta “matters 3 of this or‘ina fte r th e 12, l a win m ad e b y th (1), e Le sl at ur e and of the te ofspecified M eghainlaparagraph ya, s ha ll, Schedule”, words, andgn letter specified in paragraph or paragraph 3A of to th ethee xt e nt figures o f r epu anc“matters y, b e vo id and the l a w3 mad e b y the Lethis gi Schedule” sl at ur e shall be substituted.’; o f th e St at e o f Me gh al a ya sha ll pr eva il ; Paragraph 12 has been amended in its application to the State of Assam by the Sixth Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, as under, — in paragraph 12, in sub-paragraph (1), in clause (a), for the words, figures and letter “matters specified in paragraph 3 or paragraph 3A of this Schedule”, the words, figures and letter “matters specified in paragraph 3 or paragraph 3A or paragraph 3B of this Schedule” shall be substituted.

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( b) the P res ide nt ma y, wi th re sp ec t to a n y Ac t o f P arl ia me nt , b y noti fi ca tion , di re ct th at it sh al l not appl y to an au tono mou s dis tri ct or an a utono mo us re gi on in th e Sta te o f M egha la ya, or sh al l app l y to su ch di st ric t or re gi on or an y pa rt th er eo f subj ec t to su ch e xc ep tions or mo di fi c at ions a s he ma y sp ec i fy in th e not i fi ca ti on a nd a n y s uch di re ct ion ma y be gi ven so as to ha ve re tro sp ec ti ve e ffe ct . 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 th e Le gi sl at ur e of th e Sta te o f Tri pur a in r es pe ct o f an y o f th e ma t te r s spe ci fi ed in par a gr aph 3 o f thi s Sch edul e as mat t er s wit h r es pe ct to whi ch a Di st ri ct Counc il or a Re gion al Coun ci l ma y ma ke l a ws, and no Ac t o f the Le gis l atu re of th e St at e o f Tr ipu ra prohibi ting or r es tr ic tin g the c onsu mpt ion o f a n y non-di st ill ed a lc oholi c liquo r sh al l a ppl y to th e au tono mo us dist ri ct or an a utono mo us re gi on in th at St at e unl es s, in ei the r c as e , th e Di st ri ct Counc il for th at di st ric t or h avin g ju ris dic tion over such re gi on b y publi c noti fic a tion so dir ec ts , a nd the D is tr ic t Coun ci l in gi vin g su ch dir ec tion wi th re sp ec t to an y Ac t ma y di re ct tha t the Act sh al l, in it s a ppli ca tion to tha t dis tr ic t or su ch r e gion or an y pa rt the reo f, h ave e ffe ct subj ec t to su ch e xc ept ions or mo di fi c at ions a s it thin ks fi t; ( b) th e Go ver nor ma y, b y publi c noti fi c at ion, dir ec t tha t a n y Ac t o f the Le gis la tu re o f the St at e of Tr ipu ra to whi ch the pro vi si ons of cl au se (a ) of this sub -p ar agr aph do not appl y, sha ll not a ppl y to the autono mou s dis tri ct or an y au tono mo us r egion in th at St at e, or sha ll app l y to th at dis tri ct or su ch re gi on, or an y par t the reo f, subj ec t to s uch e xce pt ions or modi fi ca tion s, a s he ma y spe ci f y in the noti fic a tion ; ( c ) the P res ide nt ma y, wi th re sp ec t to a n y Ac t o f P arl ia me nt , b y noti fi c at ion, dir ec t tha t it s ha ll not a ppl y to th e autono mou s dist ri ct or an a utono mo us re gi on in th e Sta te o f Tri pur a, or sh al l appl y to su ch dis tri ct or r egion or an y p art the reo f, s ubje ct to su ch e xce pt ions or modi fi ca tion s a s he ma y spe ci f y in the not i fi ca ti on and a n y su ch dir ec tion ma y be give n s o a s to have r et ros pe ct ive e ffe c t. 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 th e Le gi sl at ur e of th e Sta te o f Mi zor a m in r es pe ct o f a n y of th e ma tt e rs sp ec i fi e d in pa ra gr a ph 3 of thi s Sch edu le as ma tt er s wi th re sp ec t to wh ic h a D is tr ic t Counc il or a Re gi ona l Coun ci l ma y ma ke l a ws, and no Ac t o f the Le gi sl atu re of th e St at e o f Mi zo ra m proh ibit ing or r es tr ic tin g th e con su mpt ion of an y non-di sti ll ed a lcoho li c liquo r sh al l app l y to an y autono mou s di str ic t or a utono mo us re gi on in th at St at e unle ss , in e ith er c as e, th e Di st ri ct Counc il for s uch di str ic t or h aving juri sdi ct ion o ve r su ch re gi on, b y publi c noti fi c at ion, so dir ec ts , a nd the Di st ric t Coun ci l, in gi vin g suc h dir ec tion with re sp ec t to a n y Ac t , ma y dire ct th at th e Ac t sh al l, in i ts app lic at ion to s uch di str ic t or

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r e gion or an y par t the re o f, have e ffe ct subj ec t to such exc ep tion s or mo di fi c at ions a s it thin ks fi t; ( b) th e Go ve rno r ma y, b y publi c noti fic a tion, dir ec t th at a n y Ac t o f th e Le gis la tu re of the Sta te of Mi zor a m to whi c h the provis ions of c la us e ( a) o f thi s s ub- par a gr aph do not a ppl y, sha ll not appl y to an a utono mo us dist ri ct or an a utono mo us re gi on in th at St at e, or sh al l a ppl y to s uch di str ic t or r e gion , or an y p art th er eo f, s ubje ct to su ch e xc ept ions or mod i fi ca ti ons, a s he ma y sp ec i fy in the noti fic a tion ; ( c ) th e P res ide nt ma y, wi th r es pe ct to an y Ac t of P arl ia me nt , b y noti fi ca tion , di re ct th at it sh al l not appl y to an au tono mou s dis tri ct or an a utono mo us r egion in the Sta te of Mi zo ra m, or sh all app l y to su ch di st ric t or re gi on or an y p art th er eo f, s ubje ct to su ch exc ep tion s or mo di fi c at ions a s he ma y sp ec i fy in th e not i fi ca ti on a nd a n y s uch di re ct ion ma y be gi ven so as to ha ve re tro sp ec ti ve e ffe ct . 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 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 provis ion of educ at ion al and me di ca l fa ci li ti es a nd c o mmun ic at ions in suc h di st ri ct s and re gi ons ; ( b) the ne ed fo r an y ne w or s pe ci al l egis la ti on in re sp ec t of suc h di st ric ts a nd r e gi ons ; a nd ( c ) the ad min is tr at ion o f th e l a ws, ru le s and re gula tion s mad e b y the D is tr ic t a nd R e gi ona l Coun ci ls ; 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.

________________________________________________________ 1. Paragraph 14 has been amended in its application to the State of Assam by the Sixth Schedule to the (3) In allocating the business of(42 theof Government of the State among his Ministers the Constitution (Amendment) Act, 1995 1995) , s. 2, as under,Governor may place of his Ministers in charge of the welfare of ofthe theGovernor autonomous In paragraph 14one , in sub-paragraph (2), specially the words “with the recommendations with districts autonomous regions in the State. respectand thereto” shall be omitted.

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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 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. 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) dir ec t th at a fr e sh ge ne ra l e le ct ion sh al l be h eld i m med ia te l y for th e re con sti tution o f the Coun ci l, or ( b) subje ct to th e pr e vi ous app roval of th e Le gi sl at ur e of th e Sta te a ss u me the ad mi ni st ra tion o f the ar ea unde r th e autho ri t y o f su ch Coun ci l hi ms e l f or pla ce the ad min is tr at ion o f su ch ar e a unde r th e Co m mis s ion appoin ted unde r the sa id pa ra gr a ph or an y oth er bod y c ons ide re d su it abl e b y hi m fo r a pe riod not e xce e din g t wel ve mon ths : 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.

________________________________________________________ 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 State”, the words “by him” shall be substituted; (b) the proviso shall be omitted. 2. Paragraph 16 has been amended in its application to the States of Tripura and Mizoram by s. 2, ibid., as under,(a) in sub-paragraph (1), the words “subject to the previous approval of the Legislature of the State” occurring clause (b), and second proviso shall be omitted; (2) If atinany time the the Governor is satisfied that a situation has arisen in which the (b) for sub-paragraph (3), the following sub-graph shall be substituted, namely:administration of an autonomous district or region cannot be carried on in accordance with “(3) Every order made under sub-paragraph (1) or sub-paragraph (2) ofto this paragraph, along the provisions of this Schedule, he may, by public notification, assume himself all or anywith of the reasons therefor shall be laid before the Legislature of the State.”’.

the functions or powers vested in or exercisable by the District Council or, as the case may be,

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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 order, unless, before the expiry of 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 seat or seats in the Assembly not so reserved to be specified in the order. * * * * * 2 19. Transitional provisions.—(1) As soon as possible after the commencement of this Constitution the Governor shall take steps for the constitution of a District Council for each autonomous district in the State under this Schedule and, until a District Council is so constituted for an autonomous district, the administration of such district shall be vested in the Governor and the following provisions shall apply to the administration of the areas within such district instead of the foregoing provisions of this Schedule, namely:— (a) no Act of Parliament or of the Legislature of the State shall apply to any such area unless the Governor by public notification so directs; and the Governor in giving such a direction with respect to any Act may direct that the Act shall, in its application to the area or to any specified part thereof, have effect subject to such exceptions or modifications as he thinks fit;

____________________________________________ 1. Paragraph 17 has been amended in its application to the State of Assam by the Sixth Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2 , so as to insert the following proviso, namely: — “Provided that nothing in this paragraph shall apply to the Bodoland Territorial Areas District.” 2. Paragraph 19 has been amended in its application to the State of Assam by s. 2 , ibid., so as to insert the following sub-paragraph after sub-paragraph (3), namely: — “(4) As soon as possible after the commencement of this Act, and Interim Executive Council for Bodoland Territorial Areas District in Assam shall be formed by the Governor from amongst leaders of the Bodo movement, including the signatories to the Memorandum of Settlement, and shall provide adequate representation to the nontribal communities in that area: Provided that Interim Council shall be for a period of six months during which endeavour to hold the election to the Council shall be made. Explanation.---For the purposes of this sub-paragraph, the expression “Memorandum of Settlement” means the Memorandum signed on the 10th day of February, 2003 between Government of India, Government of Assam and Bodo Liberation Tigres.”

( b) the Go ver nor ma y ma ke r egul at ions fo r th e pe ac e and good go ver n ment of an y suc h ar e a a nd an y r e gu la tions so ma d e ma y re pe al or a men d an y Ac t of P arl ia me nt or of th e Le gis la tu re of the Sta te or an y e xi st ing l a w wh ic h i s fo r the ti me bein g app li ca ble to su ch ar ea .

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(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. 20. Tribal areas.—(1) The areas specified in Parts I, II, IIA and III of the table below shall respectively be the tribal areas within the State of Assam, the State of Meghalaya, the State of Tripura and the State of Mizoram. (2) Any reference in Part I, Part II or Part III of the table below to any district shall be construed as a reference to the territories comprised within the autonomous district of that name existing immediately before the day appointed under clause (b) of section 2 of the North-Eastern Areas (Reorganisation) Act, 1971: Provided that for the purposes of clauses (e) and (f) of sub-paragraph (1) of paragraph 3, paragraph 4, paragraph 5, paragraph 6, sub-paragraph (2), clauses (a), (b) and (d) of subparagraph (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. TAB LE P A RT I 1. 2. 3.

The North Cachar Hills District. The Karbi Anglong District. T he Bodol and Te rr ito ri al Ar ea s D is tr ic t. P A RT I I

1. 2. 3.

Khasi Hills District. Jaintia Hills District. The Garo Hills District. P A RT II A Tripura Tribal Areas District P A RT I II

* * * 1. 2. 3.

The Chakma District. The Mara District. The Lai District.

20A. Dissolution of the Mizo District Council.—(1) Notwithstanding anything in this Schedule, the District Council of the Mizo District existing immediately before the prescribed date (hereinafter referred to as the Mizo District Council) shall stand dissolved and cease to exist. (2) The Administrator of the Union territory of Mizoram may, by one or more orders, provide for all or any of the following matters, namely:—

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( a) th e t ran s fer, in wh ole or in pa rt, of the as s et s, r ights a nd lia bil iti es o f th e Mi zo D is tri ct Counc il ( inc ludin g th e r ights and lia bil iti es under an y con tr ac t mad e b y it ) to the Un ion or to an y othe r autho ri t y; ( b) the s ubs titu tion o f th e Un ion or an y othe r au thor it y for th e Miz o Di st ri ct Coun ci l, or the a ddit ion of th e Un ion or an y othe r au thori t y, as a pa rt y to a n y l egal proc e ed ings to wh ic h th e Miz o Di st ri ct Counc il i s a pa rt y; ( c ) the tr ans fe r or re - e mp lo ymen t of an y e mp lo ye e s o f th e Mi zo Di st ri ct Counc il to or b y the Un ion or an y oth er au thor it y, th e te r ms and condi tion s o f s er vic e app li ca ble to su ch e mp lo ye e s a ft er su ch tr an s fe r or re - e mp lo ymen t; ( d) th e c ontinu an ce o f an y l a ws, ma de b y th e Mi zo Di st ri ct Coun ci l and in for c e i m med ia te l y be for e its di sso lution , sub je ct to su ch ad apt at ions a nd mod i fi ca ti ons , wh e th er b y wa y of r epe al or a me nd men t, as th e Ad mi ni st ra tor ma y ma ke in thi s beh al f, until su ch la ws a re alt er ed , re pe al ed or a mend ed b y a co mpe te nt Le gis l atu re or oth er c o mp et en t autho ri t y; ( e ) such inc iden ta l, c ons eque nti al and supp le me nt ar y ma tt e rs as th e Ad mini st ra to r c ons ide rs ne ce s s ar y. 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 20B. Autonomous regions in the Union territory of Mizoram to be autonomous districts and transitory provisions consequent thereto.— (1) Notwithstanding anything in this Schedule,—

________________________________________________________ 1. After paragraph 20B, the following paragraph has been inserted in its application to the State of Assam by the Sixth Schedule to the Constitution (Amendment) Act, 1995 (42 of 1995), s. 2, namely:“20BA. Exercise of discretionary powers by the Governor in the discharge of his functions.-The Governor in the discharge of his functions under sub-paragraphs (2) and (3) of paragraph 1, sub-paragraphs (1), (6), sub-paragraph (6A) excluding the first proviso and sub-paragraph (7) of paragraph 2, sub-paragraph (3) of paragraph 3, sub-paragraph (4) of paragraph 4, paragraph 5, sub-paragraph (1) of paragraph 6, sub-paragraph (2) of paragraph 7, sub-paragraph (4) of paragraph 8, sub-paragraph (3) of paragraph 9, sub-paragraph (3) of paragraph 10, sub-paragraph (1) of paragraph 14, sub-paragraph (1) of paragraph 15 and sub-paragraphs (1) and (2) of paragraph 16 of this Schedule, shall, after consulting the Council of Ministers and the North Cachar Hills Autonomous Council or the Karbi Anglong Autonomous Council, as the case may be, take such action as he considers necessary in his discretion.” 2. After paragraph 20B, the following paragraph has been inserted in its application to the States of Tripura and Mizoram, by the Sixth Schedule to the Constitution (Amendment) Act, 1988 (67 of 1988), s. 2, namely:“20BB. Exercise of discretionary powers by the Governor in the discharge of his functions.-The Governor, in the discharge of his functions under sub-paragraphs (2) and (3) of paragraph 1, sub-paragraphs (1) and (7) of paragraph 2, sub-paragraph (3) of paragraph 3, sub-paragraph (4) of paragraph 4, paragraph 5, sub-paragraph (1) of paragraph 6, sub-paragraph (2) of paragraph 7, sub- paragraph (3) of paragraph 9, sub-paragraph (1) of paragraph 14, sub-paragraph ( a) e ver y au tono(1) mou e gion exis ti this ng Schedule, i mme di at el y consulting be for e the thCouncil e (1) of paragraph 15 and sub-paragraphs ands(2)rof paragraph 16 of shall, after of Ministers, he thinks it necessary, the or Regional Council concerned, take such pre sc ri beand d difate in the Un iontheteDistrict rri torCouncil y o f or Miz a m sha ll, on a nd fr om thaction at as he considers necessary in his discretion.” dat e, be an au tono mo us dis tr ic t in th at Union te rr ito r y (he re a fte r r e fer re d

to as th e co rr es ponding ne w di st ric t) and th e Ad min is tr ato r the re o f ma y, b y one or mor e ord er s, di re ct th at suc h c ons equ ent ia l a me nd me nt s as a re ne ce ss a r y to gi ve e ffe ct to th e pro vi si ons o f thi s c la us e sh al l b e ma d e in

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pa ra gr a ph 20 of this Sch edul e ( inc ludin g P ar t I II o f the t abl e a ppend ed to th at pa ra gra ph) and th er eupon the sa id pa ra gr a ph a nd th e sa id P art II I sha ll be de e med to ha ve be en a mend ed ac c ordin gl y; ( b) e ver y Re gion al Coun ci l o f a n autono mou s r egion in the U nion te rr ito r y o f Mi zor a m e xi st ing i m med ia te l y be for e the pr es cr ib ed dat e (he re a ft er re fe rr e d to as th e e xi st ing R egion al Counc il) sha ll , on and fro m tha t dat e and until a Di st ri ct Coun cil i s dul y con st itut ed fo r th e co rr espond ing ne w di st ric t, be de e med to be the D is tr ic t Coun ci l of th at dis tri ct (h er e a ft e r re fe rr e d to as the co rr es ponding ne w D is tr ic t Counc il) . (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) th e t ran s fer in who le or in par t o f th e a s se ts , ri ght s and lia bil iti es of th e exis ti ng R e gion al Coun ci l ( inc ludin g the r ights a nd lia bil iti es unde r an y cont ra ct mad e b y it ) to the cor re spond ing ne w Di st ri ct Counc il ; ( b) the sub sti tution o f the co rr es pondin g ne w Di st ric t Counc il fo r th e e xi st ing Re gion al Coun ci l a s a par t y to th e l egal pro ce ed ings to wh ic h the e xi st in g Re giona l Counc il is a pa rt y; ( c ) th e t ran s fer or r e- e mpl o yme nt o f an y e mpl o ye e s of the e xi st ing Re giona l Coun ci l to or b y th e co rr es ponding ne w D is tr ic t Coun cil , the te r ms and cond ition s of se rvi ce appli ca bl e to s uch e mplo ye es a ft er suc h tr ans fe r or re - e mp lo ymen t; ( d) th e cont inua nc e o f an y l a ws ma d e b y th e e xi st in g R e gion al Counc il and in fo rc e i m med ia te l y be for e the pr es cr ib ed dat e, subj ec t to suc h a dap ta tion s and mo di fic a tion s, whe th er b y wa y o f r epe al or a men d men t, a s th e Ad min is tr ato r ma y ma ke in this beha l f until s uch la ws ar e a lte re d, re pe al ed or a men ded b y a co mp et en t Le gi sl at ur e or oth er co mpe te nt autho ri t y; (e ) such inc iden ta l, c ons eque nti al and supp le me nt ar y ma tt e rs as th e Ad mini st ra to r c ons ide rs ne ce s s ar y. 20C. Interpretation.—Subject to any provision made in this behalf, the provisions of this Schedule shall, in their application to the Union territory of Mizoram, have effect— (1) as i f re fe re nc es to th e Go ve rno r a nd Go ver n men t o f th e S ta te we re re fe re nc e s to th e Ad mi ni st ra tor o f the Un ion t er ri tor y appo int ed unde r a rt ic le 239, re fe r en ce s to Sta te ( exc ep t in th e e xpr es si on

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"Go ve rn me nt of the St at e ") we r e r e fer en ce s to the Un ion te rri tor y o f Miz or a m a nd r e fer e nc es to th e S ta te Le gis la tu re we r e r e fer en ce s to the Le gi sl at i ve As s e mb l y of the Union t er rito r y of Mizo ra m; (2) a s i f— ( a) in sub -p ar agr aph (5) o f pa ra gr a ph 4, the pro vi sion for con sult at ion wi th th e Go ve rn me nt of the Sta te con ce rn ed had bee n o mi tt ed; ( b) in sub- pa ra gr a ph (2) of pa ra gr a ph 6, fo r the wo rd s "t o wh i ch th e e xec ut ive power o f th e St at e e xte nds ", th e wor ds " with re sp ec t to wh ic h th e Le gi sl at i ve As s e mbl y of th e Union t er rito r y of Miz or a m h as po we r to ma ke l a ws " had be en sub sti tut ed; ( c ) in pa ra gra ph 13, th e wor ds and fi gu re s "und er ar ti cl e 202 " had be en omit te d. 21. Amendment of the Schedule.—(1) Parliament may from time to time by law amend by way of addition, variation or repeal any of the provisions of this Schedule and, when the Schedule is so amended, any reference to this Schedule in this Constitution shall be construed as a reference to such Schedule as so amended. (2) No such law as is mentioned in sub-paragraph (1) of this paragraph shall be deemed to be an amendment of this Constitution for the purposes of article 368.