281

384.  [Council  of  Ministers  of  the  Governors.].—Omitted  by  the

Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

385. [Provision as to provisional Legislatures in States in Part B of the

First  Schedule.].—Omitted  by  the  Constitution  (Seventh  Amendment)  Act,

1956, s. 29 and Sch. (w.e.f. 1-11-1956).

386. [Council of Ministers for  States in Part B of the First Schedule.].—

Omitted  by  the  Constitution  (Seventh  Amendment)  Act,  1956,  s.  29  and  Sch.

(w.e.f. 1-11-1956).

387.  [Special  provision  as  to  determination  of  population  for  the

purposes  of  certain  elections.].—Omitted  by  the  Constitution  (Seventh

Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

388. [Provisions as to the filling of casual vacancies in the  provisional

Parliament  and    provisional  Legislatures  of  the  States.].—Omitted  by  the

Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

389. [Provision as to Bills pending in the Dominion Legislatures and  in

the  Legislatures  of  Provinces  and Indian  States.] Omitted  by  the Constitution


389. [Provision as to Bills pending in the Dominion Legislatures and  in

the  Legislatures  of  Provinces  and Indian  States.] Omitted  by  the Constitution

(Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

390.  [Money  received  or  raised  or  expenditure  incurred  between  the

commencement of the Constitution and the 31st day of March, 1950.—Omitted

by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-

1956).

391. [Power of the President to amend the First and Fourth Schedules in

certain  contingencies.].—Omitted  by  the  Constitution  (Seventh  Amendment)

Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

392. Power of the President to remove difficulties.—(1) The President

may, for the purpose of removing any difficulties, particularly in relation to the

transition  from  the  provisions  of  the  Government  of  India  Act,  1935,  to  the

provisions  of  this  Constitution,  by  order  direct  that  this  Constitution  shall,

during such period as may be specified in the order, have effect subject to such

adaptations, whether by way of modification, addition or omission, as he may

deem to be necessary or expedient:

Provided  that  no  such  order  shall  be  made  after  the  first  meeting  of

Parliament duly constituted under Chapter II of Part V.


Provided  that  no  such  order  shall  be  made  after  the  first  meeting  of

Parliament duly constituted under Chapter II of Part V.

(2) Every order made under clause (1) shall be laid before Parliament.

(3) The powers conferred on the President by this article, by article 324, by

clause (3) of article 367 and by article 391 shall, before the commencement of this

Constitution, be exercisable by the Governor-General of the Dominion of India.

282

PART XXII

SHORT TITLE, COMMENCEMENT, 1[AUTHORITATIVE

TEXT IN HINDI] AND REPEALS

393.  Short  title.—This  Constitution  may  be  called  the  Constitution  of

India.

394.  Commencement.—This article and articles 5, 6, 7, 8, 9, 60,  324,

366, 367, 379, 380, 388, 391, 392 and 393 shall come into force at once, and

the  remaining  provisions  of  this  Constitution  shall  come  into  force  on  the

twenty-sixth day of January, 1950, which day is referred to in this Constitution

as the commencement of this Constitution.

2[394A.  Authoritative text in the Hindi  language.—(1) The President

shall cause to be published under his authority,—

(a)  the  translation  of  this  Constitution  in  the  Hindi  language,

signed  by  the  members  of  the  Constituent  Assembly,  with  such

modifications  as  may  be  necessary  to  bring  it  in  conformity  with  the


modifications  as  may  be  necessary  to  bring  it  in  conformity  with  the

language,  style  and  terminology  adopted  in  the  authoritative  texts  of

Central  Acts  in  the  Hindi  language,  and  incorporating  therein  all  the

amendments of this Constitution made before such publication; and

(b)  the translation in the  Hindi  language  of  every  amendment  of

this Constitution made in the English language.

(2) The translation of this Constitution and of every amendment thereof

published under clause (1) shall be construed to have the same meaning as  the

original  thereof  and  if  any  difficulty  arises  in  so  construing  any  part  of  such

translation, the President shall cause the same to be revised suitably.

(3) The translation of this Constitution  and of every amendment thereof

published  under  this  article  shall    be  deemed  to  be,  for  all  purposes,  the

authoritative text thereof in the Hindi language.]

395.  Repeals.—The

the

Government  of  India  Act,  1935,  together  with  all  enactments  amending  or

supplementing the latter Act, but not including the Abolition of Privy Council

Jurisdiction Act, 1949, are hereby repealed.

Independence  Act,  1947,  and

Indian

1. Ins. by the Constitution (Fifty-eighth Amendment) Act, 1987, s. 2 (w.e.f. 9-12-1987).

2. Ins. by s. 3, ibid. (w.e.f. 9-12-1987).

283

Name

1. Andhra


2. Ins. by s. 3, ibid. (w.e.f. 9-12-1987).

283

Name

1. Andhra

Pradesh

2. Assam

1[FIRST SCHEDULE

[Articles 1 and 4]

I. THE STATES

Territories

immediately

territories  which

2[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] 3[and the territories specified in  section 3  of

the Andhra Pradesh Reorganisation Act, 2014].

The

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 4[and  the  territories  specified  in  sub-section  (1)  of

section  3  of  the  State  of  Nagaland  Act,  1962] 5[and  the


section  3  of  the  State  of  Nagaland  Act,  1962] 5[and  the

territories  specified  in  sections  5,  6  and  7  of  the  North-

Eastern  Areas  (Reorganisation)  Act,  1971]  6 [and  the

territories referred to in Part I of the Second Schedule to

the  Constitution  (One  Hundredth  Amendment)  Act,

2015,  notwithstanding  anything  contained in  clause (a)

of  section  3  of  the  Constitution  (Ninth  Amendment)

Act, 1960, so far as it relates to the territories referred to

in  Part  I  of  the  Second  Schedule  to  the  Constitution

(One Hundredth Amendment) Act, 2015.]

before

1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 2, for the First Sch. (w.e.f. 1-11-1956).

2. Subs. by the Andhra Pradesh and Mysore (Transfer of Territory) Act, 1968 (36 of 1968), s. 4,  for

the former entry (w.e.f. 1-10-1968).

3. Ins. by the Andhra Pradesh Reorganisation Act, 2014 (6 of 2014), s. 10 (w.e.f. 2-6-2014).

4. Added by the State of Nagaland Act, 1962 (27 of 1962), s. 4 (w.e.f. 1-12-1963).


4. Added by the State of Nagaland Act, 1962 (27 of 1962), s. 4 (w.e.f. 1-12-1963).

5. Added by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 9 (w.e.f. 21-1-1972).

6. Added by the Constitution (One Hundredth Amendment) Act, 2015, s. 3 (w.e.f. 31-7-2015). For the

text of the Act, see Appendix I.

284

3. Bihar

3[4. Gujarat

5. Kerala

6. Madhya

Pradesh

territories  which

1 [The

the

immediately  before

this  Constitution  were  either

commencement  of

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

2[and  the  territories  specified  in  section  3  of  the  Bihar

Reorganisation  Act, 2000].]


2[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  4 [and  the  First

Schedule to the Rajasthan and Madhya Pradesh (Transfer

of  Territories)  Act,  1959], 5[but  excluding  the  territories

specified

the  Madhya  Pradesh

Reorganisation Act, 2000.]

in  section  3  of

1.  Subs.  by  the  Bihar  and  Uttar  Pradesh  (Alteration  of  Boundaries)  Act,  1968  (24  of

1968), s. 4, for the former entry (w.e.f. 10-6-1970).

2. Ins. by the Bihar Reorganisation  Act, 2000 (30 of 2000), s. 5 (w.e.f. 15-11-2000).

3. Subs. by the Bombay Reorganisation  Act, 1960 (11 of 1960), s. 4 (w.e.f. 1-5-1960).

4. Ins.  by the Rajasthan and  Madhya Pradesh (Transfer of Territories)  Act,  1959 (47 of

1959), s. 4 (w.e.f. 1-10-1959).


1959), s. 4 (w.e.f. 1-10-1959).

5. Ins. by the Madhya Pradesh Reorganisation  Act, 2000 (28 of 2000), s. 5 (w.e.f. 1-11-2000).

285

1[7. Tamil

Nadu]

before

immediately

territories  which

the

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, 2[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 3[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.]


Pradesh  and  Madras  (Alteration  of  Boundaries)  Act,

1959.]

4[8. Maharashtra  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 7[but  excluding

the  territory  specified  in  the  Schedule  to  the  Andhra

Pradesh and Mysore (Transfer of Territory) Act, 1968.]

5[6[9.]

Karnataka]

1.  Subs. by the Madras State (Alteration of Name) Act, 1968 (53 of 1968), s. 5, for  "7.

Madras" (w.e.f. 14-1-1969).

2. Ins. by the  Andhra Pradesh and  Madras (Alteration of Boundaries)  Act,  1959  (56 of

1959), s. 6 (w.e.f. 1-4-1960).

3. Subs. by s. 6,  ibid., for certain words (w.e.f. 1-4-1960).

4. Ins. by the Bombay Reorganisation  Act, 1960 (11 of 1960), s. 4 (w.e.f. 1-5-1960).


4. Ins. by the Bombay Reorganisation  Act, 1960 (11 of 1960), s. 4 (w.e.f. 1-5-1960).

5. Subs. by the  Mysore  State (Alteration  of Name)  Act, 1973 (31 of 1973), s. 5,  for "9.

Mysore" (w.e.f. 1-11-1973).

6.  Entries  8  to  14  renumbered  as  entries  9  to  15  by  the  Bombay  Reorganisation    Act,

1960 (11 of 1960), s. 4 (w.e.f. 1-5-1960).

7. Ins. by the Andhra Pradesh and Mysore (Transfer of Territory) Act, 1968 (36 of 1968),

s. 4 (w.e.f. 1-10-1968).

286

1[10.]

2[Odisha]

1[11.] Punjab

1[12.]

Rajasthan

immediately

territories  which

The

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.

before

The  territories  specified    in  section  11  of  the  States

Reorganisation  Act,  1956 3[and  the  territories  referred

to  in  Part  II  of  the  First  Schedule  to  the  Acquired

Territories  (Merger)  Act,  1960]  4 [but  excluding  the

territories referred to in Part II of the First Schedule to


Territories  (Merger)  Act,  1960]  4 [but  excluding  the

territories referred to in Part II of the First Schedule to

the  Constitution  (Ninth  Amendment)  Act,  1960] 5[and

the  territories  specified  in  sub-section  (1)  of  section  3,

section 4 and sub-section (1) of section 5 of the Punjab

Reorganisation Act, 1966.]

The  territories  specified  in  section  10  of  the  States

Reorganisation Act, 1956 6[but excluding the territories

specified  in  the  First  Schedule  to  the  Rajasthan  and

Madhya Pradesh (Transfer of Territories) Act, 1959].

1. Entries 8 to 14 renumbered as entries 9 to 15 by the Bombay Reorganisation Act, 1960

(11 of 1960), s. 4 (w.e.f. 1-5-1960).

2. Subs. by the Orissa (Alteration of Name) Act, 2011 (15 of 2011), s. 6, for "Orissa" (w.e.f. 1-

11-2011).

3. Ins.  by the  Acquired Territories (Merger)  Act, 1960 (64  of 1960),  s. 4    (w.e.f. 17-1-

1961).

4. Added by the Constitution (Ninth Amendment) Act, 1960, s. 3 (w.e.f. 17 -1-1961).


1961).

4. Added by the Constitution (Ninth Amendment) Act, 1960, s. 3 (w.e.f. 17 -1-1961).

5. Ins. by the Punjab Reorganisation Act, 1966 (31 of 1966), s. 7 (w.e.f. 1-11-1966).

6. Ins.  by the Rajasthan and  Madhya Pradesh (Transfer of Territories)  Act,  1959 (47 of

1959), s. 4 (w.e.f. 1-10-1959).

287

1[13.] Uttar

Pradesh

1[14.] West

Bengal

territories  which

2 [The

the

immediately  before

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

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, 3[and the territories specified in section 3 of


the Bihar and Uttar Pradesh (Alteration of Boundaries)

Act, 1968, 3[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

immediately  before

The

territories  which

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

sub-section  (1)  of  section  3  of  the  Bihar  and  West

Bengal (Transfer of Territories) Act, 1956 4[and also the

territories referred to in Part III of the First  Schedule but

excluding  the  territories  referred  to  in  Part  III  of  the

Second  Schedule  to  the  Constitution  (One  Hundredth

Amendment)  Act,  2015,  notwithstanding  anything

contained  in  clause  (c)  of  section  3  of  the  Constitution

(Ninth Amendment)  Act, 1960,  so  far as it relates to the

territories referred to in Part III of the First Schedule and


(Ninth Amendment)  Act, 1960,  so  far as it relates to the

territories referred to in Part III of the First Schedule and

the  territories  referred  to  in  Part  III  of  the  Second

(One  Hundredth

to

Schedule

Amendment) Act, 2015.]

the  Constitution

in

1. Entries 8 to 14 renumbered as entries 9 to 15 by the  the Bombay  Reorganisation  Act, 1960

(11 of 1960), s. 4 (w.e.f. 1-5-1960).

2. Subs. by the Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979 (31 of 1979),

s. 5, for the entry against "13. Uttar Pradesh" (w.e.f. 15-9-1983).

3. Ins. by the Uttar Pradesh Reorganisation Act, 2000 (29 of 2000), s. 5  (w.e.f. 9-11-2000).

4. Added by the Constitution (One Hundredth Amendment) Act, 2015, s. 3  (w.e.f. 31-7-2015).

For the text of the Act, see Appendix I.

288

1[2[**

3[4[15.]

Nagaland

3[5[16.]

Haryana

3[7[17.]

Himachal

Pradesh

3[8[18.]

Manipur

*                          *]]

The territories  specified in sub-section (1)  of  section 3

of the State of Nagaland Act, 1962.]

6[The territories specified in sub-section (1) of section 3


of the State of Nagaland Act, 1962.]

6[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  sub-section (1) of section 4 of

that Act.]]

the

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

the

this  Constitution  was  being

commencement  of

administered  as  if  it  were  a  Chief  Commissioner’s

Province under the name of Manipur.]

territories  which

territory  which

immediately

before

1.  **Entry  15    relating  to  Jammu  and  Kashmir  deleted  by  the  Jammu  and  Kashmir

Reorganisation  Act, 2019 (34 of 2019), s. 6 (w.e.f. 31-10-2019).

2.  Entries  8  to  14  renumbered  as  9  to  15  by  the  Bombay  Reorganisation    Act,  1960      (11  of


1960), s. 4 (w.e.f. 1-5-1960).

3. Entries 16 to 29 renumbered as entries 15 to 28 by the Jammu and Kashmir  Reorganisation

Act, 2019 (34 of 2019), s. 6 (w.e.f. 31-10-2019).

4  Ins. by the State of Nagaland Act, 1962 (27 of 1962), s. 4 (w.e.f. 1-12-1963).

5.  Ins.  by  the  Punjab  Reorganisation  Act,  1966  (31  of  1966),  s.  7  (w.e.f.  1-11-1966)  and  the

entry  therein  subsequently  amended  by  the  Haryana  and  Uttar  Pradesh  (Alteration  of

Boundaries) Act, 1979 (31 of 1979), s. 5 (w.e.f. 15-9-1983).

6. Subs. by the Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979 (31 of 1979),

s. 5, for the entry against "17. Haryana" (w.e.f. 15-9-1983).

7. Ins. by the State of Himachal Pradesh Act, 1970 (53 of 1970), s. 4 (w.e.f. 25-1-1971).

8. Ins. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 9   (w.e.f. 21-1-

1972).

289

1 [19.]  Tripura

1[20.]


1972).

289

1 [19.]  Tripura

1[20.]

Meghalaya

1[3[21.] Sikkim

1[4[22.]

Mizoram

1[5[23.]

Arunachal

Pradesh

1[6[24.] Goa

before

immediately

territory  which

The

the

this  Constitution  was  being

commencement  of

administered  as  if  it  were  a  Chief  Commissioner’s

Province  under  the  name  of  Tripura 2[and  the  territories

referred  to  in  Part  II  of  the  First  Schedule  to  the

Constitution  (One  Hundredth  Amendment)  Act,  2015,

notwithstanding  anything  contained  in  clause  (d)  of

section  3  of  the  Constitution  (Ninth  Amendment)  Act,

1960, so  far  as  it  relates  to the  territories  referred to  in

Part  II  of  the  First  Schedule  to  the  Constitution  (One

Hundredth Amendment) Act, 2015.]

The  territories  specified  in  section  5  of  the  North-

Eastern  Areas  (Reorganisation)  Act,  1971]  2[and  the

territories  referred  to  in  Part  I  of  the  First  Schedule  but

excluding  the  territories  referred  to  in  Part  II  of  the

Second  Schedule  to  the  Constitution  (One  Hundredth

Amendment) Act, 2015.]

The

territories  which

commencement


Second  Schedule  to  the  Constitution  (One  Hundredth

Amendment) Act, 2015.]

The

territories  which

commencement

Amendment) Act, 1975, were comprised in Sikkim.]

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.]

immediately

the  Constitution

before

the

(Thirty-sixth

of

The territories specified in section 3 of  the Goa, Daman

and Diu Reorganisation Act, 1987.]

1. Entries 16 to 29 renumbered as entries 15 to 28 by the  Jammu and Kashmir  Reorganisation

Act, 2019 (34 of 2019), s. 6 (w.e.f. 31-10-2019).

2. Added by the  Constitution (One Hundredth Amendment) Act, 2015, s. 3  (w.e.f. 31-7-

2015). For the text of the Act, see Appendix I.

3. Ins. by the Constitution (Thirty-sixth Amendment) Act, 1975, s. 2 (w.e.f. 26-4-1975).

4. Ins. by the State of Mizoram Act, 1986 (34 of 1986), s. 4 (w.e.f. 20 -2-1987).

5. Ins. by the State of Arunachal Pradesh Act, 1986 (69 of 1986), s. 4 (w.e.f. 20-2-1987).


6. Ins. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 5 (w.e.f. 30 -

5-1987).

290

1[2[25.] Chhattisgarh  The territories specified in section 3 of the Madhya

1[3[26.]

4[Uttarakhand]

1[5[27.] Jharkhand

1[6[28.] Telangana

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.]

The territories specified in section 3 of the Andhra

Pradesh Reorganisation Act, 2014.]

Name

1. Delhi

II. THE UNION TERRITORIES

Extent

territory  which

The

the

commencement of this Constitution was comprised in the

Chief Commissioner’s Province of Delhi.

immediately

before

7[*

8[2.] The

*]

Andaman

and Nicobar

Islands

territory  which

The

the

commencement of  this Constitution was comprised in

the  Chief    Commissioner’s  Province    of      the

Andaman    and  Nicobar Islands.

immediately  before

1 .  Entries  16  to  29  renumbered  as  entries  15  to  28  by  the    Jammu  and  Kashmir

Reorganisation  Act, 2019 (34 of 2019), s. 6 (w.e.f. 31-10-2019).


Reorganisation  Act, 2019 (34 of 2019), s. 6 (w.e.f. 31-10-2019).

2. Ins. by the Madhya Pradesh Reorganisation Act, 2000 (28 of 2000), s. 5           (w.e.f.

1-11-2000).

3. Ins. by the Uttar Pradesh Reorganisation Act, 2000 (29 of 2000), s. 5 (w.e.f. 9-11-2000).

4.  Subs.  by  the  Uttaranchal  (Alteration  of  Name)  Act,  2006  (52  of  2006),  s.  4,  for  the

word "Uttaranchal" (w.e.f. 1-1-2007).

5. Ins. by the Bihar Reorganisation Act, 2000 (30 of 2000), s. 5 (w.e.f. 15 -11-2000).

6. Ins. by the Andhra Pradesh Reorganisation Act, 2014, s. 10 (w.e.f. 2 -6-2014).

7.  Entry  2  relating  to  "Himachal  Pradesh"  omitted  and  entries  3  to  10  renumbered  as

entries 2 to 9  by the State of Himachal Pradesh Act, 1970 (53 of 1970), s. 4     (w.e.f.

25-1-1971) and subsequently entries relating to Manipur and Tripura (i.e. entries 2 and

3)  omitted  and  renumbered  as  entries  2  to  7  by  the  North-Eastern  Areas


3)  omitted  and  renumbered  as  entries  2  to  7  by  the  North-Eastern  Areas

(Reorganisation) Act, 1971 (81 of 1971) s. 9  (w.e.f. 21-1-1972).

8 .  Entries  4  to  9  renumbered  as  entries  2  to  7  by  the  North-Eastern  Areas

(Reorganisation) Act, 1971 (81 of 1971), s. 9 (w.e.f. 21-1-1972).

291

1[3.]

2[Lakshadweep]

3[1[4.] Dadra and

Nagar Haveli

and Daman

and Diu

4[1[*]

5[1[6.]

6[Puducherry]

The  territory  specified  in  section  6  of  the  States

Reorganisation Act, 1956.

The  territory    which    immediately    before      the

eleventh  day  of  August,  1961  was  comprised  in

Free Dadra  and    Nagar  Haveli and the territories

specified  in  section  4  of  the  Goa,  Daman  and  Diu

Reorganisation Act, 1987.]

*                       *                      *]

territories  which

The

the

sixteenth  day  of  August,  1962,  were  comprised  in

the  French  Establishments  in  India  known  as

Pondicherry, Karikal, Mahe and Yanam.]

immediately  before

7[1[7.] Chandigarh


Pondicherry, Karikal, Mahe and Yanam.]

immediately  before

7[1[7.] Chandigarh

The  territories  specified  in  section  4  of  the  Punjab

Reorganisation Act, 1966.]

1. Entries 4 to 9  renumbered  as entries 2 to 7 (respectively) by the North-Eastern Areas

(Reorganisation) Act, 1971 (81 of 1971), s. 9 (w.e.f. 21-1-1972).

2. Subs. by the Laccadive, Minicoy and Amindivi Islands (Alteration of Name) Act, 1973

(34 of 1973), s. 5, for "The Laccadive, Minicoy and Amindivi Islands"     (w.e.f. 1 -11-

1973).

3 .  Subs.  by  the  Dadra  and  Nagar  Haveli  and  Daman  and  Diu  (Merger  of  Union

territories) Act, 2019 (44 of 2019), s. 5 for entries 4 and 5 (w.e.f. 19 -12-2019). Entry 4

relating to Dadra and Nagar Haveli was ins. by the Constitution (Tenth Amendment )

Act, 1961, s. 2 (w.e.f. 11-8-1961).

4. Subs.  by  the Goa, Daman and Diu (Reorganisation)  Act, 1987 (18 of 1987), s. 5,  for

entry 5 (w.e.f. 30-5-1987).


entry 5 (w.e.f. 30-5-1987).

5.  Ins.  by  the  Constitution  (Fourteenth  Amendment)  Act,  1962,  s.  3  (with  retrospective

effect).

6.    Subs.  by  the  Pondicherry  (Alteration  of  Name)  Act,  2006  (44  of  2006),  s.  5  for

"Pondicherry" (w.e.f. 1-10-2006).

7. Ins. by the Punjab Reorganisation Act, 1966 (31 of 1966), s. 7 (w.e.f. 1-11-1966).

292

1[*

1[*

*]

*]

2[8. Jammu and

Kashmir

9. Ladakh

The territories  specified in section 4  of  the  Jammu

and Kashmir Reorganisation Act, 2019.

The territories  specified in section 3  of  the  Jammu

and Kashmir Reorganisation Act, 2019.]

1 .  Entry  8  relating  to  Mizoram  omitted  and  entry  9  relating  to  Arunachal  Pradesh

renumbered as entry 8 by the State of Mizoram Act, 1986 (34 of 1986), s. 4 (w.e.f. 20-

2-1987) and  entry 8 relating  to  Arunachal  Pradesh  omitted  by  the  State  of Arunachal

Pradesh Act, 1986 (69 of 1986) s. 4 (w.e.f. 15-4-1987).


Pradesh Act, 1986 (69 of 1986) s. 4 (w.e.f. 15-4-1987).

2. Ins. by the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019), s. 6 (w.e.f. 31 -

10-2019).

293

SECOND SCHEDULE

[Articles 59(3), 65(3), 75(6), 97, 125, 148(3), 158(3), 164 (5), 186 and 221]

PART A

PROVISIONS AS TO THE PRESIDENT AND THE GOVERNORS OF STATES 1***

1. There shall be paid to the President and to the Governors of the States

1***  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 2***    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 3[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.


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.

4*                           *                          *

*

1 .  The  words  and  letter  "specified  in  Part  A  of  the  First  Schedule"  omitted  by  the

Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1 -11-1956).

  Now  five  lakh  rupees,  vide  the  Finance  Act,  2018  (13  of  2018),  s.  137.

(w.e.f. 1-1-2016).

 Now three lakh fifty thousand rupees, by s. 161, ibid. (w.e.f. 1-1-2016).

2.  The  words  "so  specified"  omitted  by  the  Constitution  (Seventh  Amendment)  Act,

1956, s. 29 and Sch. (w.e.f. 1-11-1956).


1956, s. 29 and Sch. (w.e.f. 1-11-1956).

3. Subs. by s. 29 and Sch., ibid., for "such states" (w.e.f. 1-11-1956).

4. Part B omitted by  s. 29 and Sch., ibid. (w.e.f. 1-11-1956).

294

PART  C

PROVISIONS AS TO THE SPEAKER AND THE DEPUTY SPEAKER OF THE HOUSE

OF THE PEOPLE AND THE CHAIRMAN AND THE DEPUTY CHAIRMAN

OF THE COUNCIL OF STATES AND THE SPEAKER AND THE

DEPUTY SPEAKER OF THE LEGISLATIVE ASSEMBLY 1***

AND THE CHAIRMAN AND THE DEPUTY CHAIRMAN

OF THE LEGISLATIVE COUNCIL OF 2[A STATE]

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


immediately before such commencement.

8.  There  shall    be  paid  to  the  Speaker  and  the  Deputy  Speaker  of  the

Legislative  Assembly 3***  and  to  the  Chairman  and  the  Deputy  Chairman  of

the  Legislative  Council  of  4[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

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.

1.  The  words  and  letter  "OF  A  STATE  IN  PART  A  OF  THE  FIRST  SCHEDULE"

omitted  by  the  Constitution  (Seventh  Amendment)  Act,  1956,  s.  29  and  Sch.

(w.e.f. 1-11-1956).

2. Subs. by s. 29 and Sch., ibid., for “ANY SUCH STATE.” (w.e.f. 1-11-1956).

3. The words and letter "of a State specified in Part A of the First Schedule" omitted by

s. 29 and Sch., ibid. (w.e.f. 1-11-1956).


s. 29 and Sch., ibid. (w.e.f. 1-11-1956).

4. Subs. by s. 29 and Sch., ibid., for "such State" (w.e.f. 1-11-1956).

295

PART D

PROVISIONS AS TO THE JUDGES OF THE SUPREME COURT AND OF THE

HIGH COURTS 1***

9.  2[(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:—

The Chief Justice       ..

Any other Judge         ..

3[10,000 rupees.].

4[9,000 rupees.].

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 5[shall be reduced—

(a) by the amount of that pension, and

(b) if he has, before such appointment, received in lieu of a portion of

the pension due to him in respect of such previous service the commuted

value thereof, by the amount of that portion of the pension, and

(c) if he has, before such appointment, received a retirement gratuity in

respect of such previous service, by the pension equivalent of that gratuity.]


(c) if he has, before such appointment, received a retirement gratuity in

respect of such previous service, by the pension equivalent of that gratuity.]

(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,—

1. The words and letter "IN STATES IN PART A OF THE FIRST SCHEDULE" omitted

by the Constitution (Seventh Amendment) Act, 1956, s. 25(a) (w.e.f. 1-11-1956).

2. Subs. by s. 25(b), ibid. (w.e.f. 1-11-1956).

3. Subs. by the Constitution (Fifty-fourth Amendment) Act, 1986, s. 4, for "5,000 rupees

to 10,000 rupees" (w.e.f. 1-4-1986).

 Now two lakh eighty thousand rupees, vide the High Court and Supreme Court Judges

(Salaries  and  Conditions  of  Service)  Amendment    Act,  2018  (10  of  2018),    s.  6

(w.e.f. 1-1-2016).

4. Subs. by the Constitution (Fifty-fourth Amendment) Act, 1986, s. 4, for "4,000 rupees"

(w.e.f. 1-4-1986).

  Now two lakh fifty thousand rupees, vide the High Court and Supreme Court Judges


(w.e.f. 1-4-1986).

  Now two lakh fifty thousand rupees, vide the High Court and Supreme Court Judges

(Salaries  and  Conditions  of  Service)  Amendment    Act,  2018  (10  of  2018),    s.  6

(w.e.f. 1-1-2016).

5. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 25, for "shall be reduced

by the amount of that pension" (w.e.f. 1-11-1956).

296

(a) was holding office as the Chief Justice of the Federal Court and

has  become  on  such  commencement  the  Chief  Justice  of  the  Supreme

Court under  clause (1) of article 374, or

(b)  was  holding  office  as  any  other  Judge  of  the  Federal  Court  and

has  on  such  commencement  become  a  Judge  (other  than  the  Chief

Justice) of the Supreme Court under the said clause,

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.


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  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) 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,—

The Chief Justice        ..

Any other Judge          ..

2[9,000 rupees]

3[8,000 rupees]:

1 .  Subs.  by  the  Constitution  (Seventh  Amendment)  Act,  1956,  s.  25(c)(i),  for  sub-

paragraph (1) (w.e.f. 1-11-1956).

2. Subs. by the Constitution (Fifty-fourth Amendment) Act, 1986, s. 4, for "4,000 rupees"

(w.e.f. 1-4-1986).


(w.e.f. 1-4-1986).

  Now  two  lakh  fifty  thousand  rupees,  vide  the  High  Court  and  Supreme  Court  Judges

(Salaries  and  Conditions  of  Service)  Amendment    Act,  2018  (10  of  2018),  s.  2

(w.e.f. 1-1-2016).

3. Subs. by the Constitution (Fifty-fourth Amendment) Act, 1986, s. 4, for "3,500 rupees"

(w.e.f. 1-4-1986).

 Now  two  lakh twenty-five  thousand rupees, vide the High Court and  Supreme Court

Judges (Salaries and Conditions of Service) Amendment  Act, 2018 (10 of 2018), s. 2

(w.e.f. 1-1-2016).

297

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) by the amount of that pension, and

(b) if he has, before such appointment, received in lieu of a portion of

the pension due to him in respect of such previous service the commuted

value thereof, by the amount of that portion of the pension, and


the pension due to him in respect of such previous service the commuted

value thereof, by the amount of that portion of the pension, and

(c) if he has, before such appointment, received a retirement gratuity in

respect  of  such  previous  service,  by  the  pension  equivalent  of  that

gratuity.]

(2)  Every  person  who  immediately  before  the  commencement  of  this

Constitution—

(a)  was  holding  office  as  the  Chief  Justice  of  a  High  Court  in  any

Province and has on such commencement become the Chief Justice of the

High Court in the corresponding State under clause (1) of article 376, or

(b) was holding office as any other Judge of a High Court in any Province

and  has  on  such  commencement  become  a  Judge  (other  than  the  Chief

Justice) of the High Court in the corresponding State under the said clause,

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.

1[(3)  Any  person  who,  immediately  before  the  commencement  of  the


immediately before such commencement.

1[(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 sub-paragraph (1) of this paragraph.].

1 .  Subs.  by  the  Constitution  (Seventh  Amendment)  Act,  1956,  s.  25(c)(ii),  for  sub-

paragraphs (3) and (4) (w.e.f. 1-11-1956).

298

11. In this Part, unless the context otherwise requires,—

(a)  the  expression  “Chief  Justice”  includes  an  acting  Chief  Justice,

and a “Judge” includes an ad hoc Judge;

(b) “actual service” includes—

(i) time spent by a Judge on duty as a Judge or in the performance

of  such  other  functions  as  he  may  at  the  request  of  the  President

undertake to discharge;

(ii) vacations, excluding any time during which the Judge is absent

on leave; and


undertake to discharge;

(ii) vacations, excluding any time during which the Judge is absent

on leave; and

(iii)  joining  time  on  transfer  from  a  High  Court  to  the  Supreme

Court or from one High Court to another.

PART E

PROVISIONS AS TO THE COMPTROLLER AND AUDITOR-GENERAL OF INDIA

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 article 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  Auditor-General  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.


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 the Comptroller and

Auditor General (Duties, Powers and Conditions of Service) Act, 1971 (56 of

1971)  .    The  salary  of  Judges  of  the  Supreme  Court  has  been  raised  to  two

lakh  fifty  thousand  rupees  per  mensem  by  the  High  Court  and  Supreme  Court

Judges (Salaries and Conditions  of Service)  Amendment  Act, 2018 (10 of  2018),  s.  6

(w.e.f. 1-1-2016).

299

THIRD SCHEDULE

[Articles 75(4), 99, 124(6), 148(2), 164(3), 188 and 219]

Forms  of  Oaths  or Affirmations

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

solemnly affirm

and allegiance to  the  Constitution of India as by law established, 1[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


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

solemnly affirm

indirectly  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.”

2[III

A

Form  of  oath  or  affirmation  to  be  made  by  a  candidate  for  election  to

Parliament:—

   See  also arts. 84 (a) and 173 (a).

1. Ins. by the Constitution (Sixteenth Amendment) Act, 1963, s. 5 (w.e.f. 5-10-1963).

2. Subs. by s. 5, ibid., for Form III. (w.e.f. 5-10-1963).

300

“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

solemnly affirm

that I will bear true   faith and allegiance to the Constitution of  India as

by law established and that I will uphold the sovereignty and integrity of

India.”

B


solemnly affirm

that I will bear true   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  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

solemnly affirm

that I 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

and  that  I  will  faithfully  discharge  the  duty  upon  which  I  am  about  to

enter.”]

IV

Form  of  oath  or  affirmation  to  be  made  by  the  Judges  of  the  Supreme

Court and the Comptroller and Auditor-General 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  will  bear  true  faith  and

solemnly affirm

faith  and  allegiance  to  the  Constitution  of  India  as  by  law  established,

1[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


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.”

1. Ins. by the Constitution (Sixteenth Amendment) Act, 1963, s. 5 (w.e.f. 5-10-1963).

301

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

solemnly affirm

and allegiance to the Constitution of India as by law established, 1[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

solemnly affirm

indirectly  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.”

2[VII

A

Form of oath or affirmation to be made by a candidate for election to the

Legislature of a State:—


2[VII

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  faith   and

solemnly affirm

allegiance  to  the Constitution of India as by law established and that I

will uphold the sovereignty and integrity of India.”

1. Ins. by the Constitution (Sixteenth Amendment) Act, 1963, s. 5 (w.e.f. 5-10-1963).

2. Subs. by  s. 5, ibid., for Form VII (w.e.f. 5-10-1963).

302

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

solemnly affirm

I  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

and  that  I  will  faithfully  discharge  the  duty  upon  which  I  am  about  to

enter.”]

VIII

Form of oath or affirmation to be made by the Judges of a High Court:—

“I, A.B., having  been  appointed Chief Justice (or a Judge) of the High


Form of oath or affirmation to be made by the Judges of a High Court:—

“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

solemnly affirm

true    faith    and    allegiance  to  the  Constitution  of  India  as  by  law

established, 1[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.”

1. Ins. by the Constitution (Sixteenth Amendment) Act, 1963, s. 5 (w.e.f. 5-10-1963).

303

1[FOURTH SCHEDULE

[Articles 4(1) and 80(2)]

Allocation of seats in the Council of States

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:

1.

3[2.

4[3.]

4[4.]

6[4[5.]

7[8[4[6.]

9[8[4[7.]

10[8[4[8.]

8[4[9.]

TABLE

Andhra Pradesh  ..........................................................

2[11]


9[8[4[7.]

10[8[4[8.]

8[4[9.]

TABLE

Andhra Pradesh  ..........................................................

2[11]

Telangana  ..................................................................  7]

Assam  ........................................................................   7

5[16]

Bihar  ..........................................................................

Jharkhand  ...................................................................  6]

Goa  ............................................................................  1]]

Gujarat  .......................................................................  11]]

Haryana  .....................................................................  5]]

Kerala  ........................................................................   9

1. Subs. by  the Constitution (Seventh  Amendment)  Act, 1956, s. 3,  for  Fourth Schedule

(w.e.f. 1-11-1956).

2.  Subs. by the Andhra Pradesh Reorganisation Act, 2014, s. 12, for “18” (w.e.f.  2-6-2014).

3.  Ins. by s. 12, ibid. (w.e.f.  2-6-2014).

4.  Entries 2 to 30 renumbered as entries 3 to 31 respectively by s. 12, ibid. (w.e.f.  2-6-2014).

5.  Subs. by the Bihar Reorganisation  Act, 2000 (30 of 2000), s. 7, for "22" (w.e.f. 15-11-2000).

6.  Ins. by s. 7, ibid. (w.e.f. 15-11-2000).


6.  Ins. by s. 7, ibid. (w.e.f. 15-11-2000).

7 .    Ins.  by  the  Goa,  Daman  and  Diu  Reorganisation  Act,  1987  (18  of  1987),  s.  6

(w.e.f. 30-5-1987).

8.  Entries 4 to 29 renumbered as entries 5 to 30 by  the Bihar Reorganisation  Act, 2000

(30 of 2000), s. 7 (w.e.f. 15-11-2000).

9.  Subs.  by  the  Bombay  Reorganisation  Act,  1960  (11  of  1960),  s.  6,  for  entry  "4"

renumbered as “6”  (w.e.f. 1-5-1960).

10. Ins. by the Punjab Reorganisation Act, 1966 (31 of 1966), s. 9 (w.e.f. 1 -11-1966).

304

3[11]

1[2[10.]]

Madhya Pradesh  .........................................................

4[1[2[11.]

Chhattisgarh  ...............................................................  5]]

6[18]]

5[1[2[12.]

Tamil Nadu  ................................................................

7[1[2[13.]

Maharashtra  ...............................................................  19]]

8[1[2[14.]

Karnataka  ...................................................................  12]]

9[Odisha]  ....................................................................  10]

1[2[15.]

Punjab  ........................................................................  10[7]

1[2[16.]


9[Odisha]  ....................................................................  10]

1[2[15.]

Punjab  ........................................................................  10[7]

1[2[16.]

1[2[17.]

Rajasthan  ...................................................................  10]

11[31]

1[2[18.]

Uttar Pradesh  ..............................................................

13[Uttarakhand] ............................................................  3]]

12[1[2[19.]

1[2[20.]

West Bengal  ...............................................................  16]

14[1[2[**

*          *.............................................................  *]

15[16[1[2[21.]  Nagaland  ....................................................................  1]]

1. Entries 4 to 29 renumbered as entries 5 to 30 by  the Bihar Reorganisation  Act, 2000 (30 of

2000), s. 7 (w.e.f. 15-11-2000).

2 .  Entries  2  to  30  renumbered  as  entries  3  to  31  respectively  by  the  Andhra  Pradesh

Reorganisation Act, 2014, s. 12 (w.e.f. 2-6-2014).

3. Subs. by the Madhya Pradesh Reorganisation Act, 2000 (28 of 2000), s. 7, for "16" (w.e.f. 1 -

11-2000).

4.  Ins. by s. 7, ibid. (w.e.f. 1-11-2000).

5. Subs. by the Madras State (Alteration of Name) Act, 1968 (53 of 1968), s. 5, for "8. Madras"


5. Subs. by the Madras State (Alteration of Name) Act, 1968 (53 of 1968), s. 5, for "8. Madras"

(renumbered as *11) (w.e.f. 14-1-1969).

6.  Subs. by the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959 (56 of 1959),

s. 8, for "17" (w.e.f. 1-4-1960).

7.  Ins. by the Bombay Reorganisation  Act, 1960 (11 of 1960), s. 6 (w.e.f. 1-5-1960).

8.    Subs.  by  the  Mysore  State  (Alteration  of  Name)  Act,  1973  (31  of  1973),  s.  5,  for  "10.

Mysore" (re-numbered as "13") (w.e.f. 1-11-1973).

9.  Subs. by the Orissa (Alteration of Name) Act, 2011 (15 of 2011), s. 7 for "Orissa"    (w.e.f. 1-

11-2011).

10. Subs. by the Punjab Reorganisation Act, 1966 (31 of 1966), s. 9 for "11"            (w.e.f. 1 -

11-1966).

11. Subs. by the  Uttar Pradesh Reorganisation Act, 2000 (29 of 2000), s. 7 for  "34" (w.e.f. 9-

11-2000).


11-2000).

12. Ins. by s. 7, ibid. (w.e.f. 9-11-2000).

13 .  Subs.  by  the  Uttaranchal  (Alteration  of  Name)  Act,  2006  (52  of  2006),  s.  5  for

"Uttaranchal" (w.e.f. 1-1-2007).

14 .  **  Entry  21  relating  to  Jammu  and  Kashmir  deleted  by  the  Jammu  and  Kashmir

Reorganisation Act, 2019 (34 of 2019), s. 8 (w.e.f. 31-10-2019).

15. Entries 22 to 31 re-numbered as entries 21 to 30, respectively by the Jammu and Kashmir

Reorganisation Act, 2019 (34 of 2019), s. 8 (w.e.f. 31-10-2019).

16. Ins. by the State of Nagaland Act, 1962 (27 of 1962), s. 6 (w.e.f. 1-12-1963).

305

Himachal Pradesh  .......................................................  3]]]

Tripura  .......................................................................  1]]

Meghalaya  .................................................................  1]]

Manipur  .....................................................................  1]

1[2[3[4[22.]

3[2[4[23.]

3[2[4[24.]

3[2[4[25.]

5[3[2[4[26.]

Sikkim  .......................................................................  1]]

6[3[2[4[27.]  Mizoram  ....................................................................  1]]


Sikkim  .......................................................................  1]]

6[3[2[4[27.]  Mizoram  ....................................................................  1]]

7[3[2[4[28.]

Arunachal Pradesh  ......................................................  1]]

3[2[4[29.]

3[2[4[30.]

9[3[2[4[31.

Delhi  ..........................................................................  3]

8[Puducherry]  .............................................................  1]]

Jammu and Kashmir ....................................................  4]

10[233]

Total

1. Ins. by the State of Himachal Pradesh Act, 1970 (53 of 1970), s. 5 (w.e.f. 25-1-1971).

2. Entries 4 to 29 renumbered as entries 5 to 30 by  the Bihar Reorganisation  Act, 2000

(30 of 2000), s. 7 (w.e.f. 15-11-2000).

3.  Entries  2  to  30  renumbered  as  entries  3  to  31  respectively  by  the  Andhra  Pradesh

Reorganisation Act, 2014 (6 of 2014), s. 12 (w.e.f.  2-6-2014).

4.  Entries  22  to  31  renumbered  as  entries  21  to  30  respectively  by  the  Jammu  and

Kashmir Reorganisation Act, 2019 (34 of 2019), s. 8 (w.e.f. 31-10-2019).


Kashmir Reorganisation Act, 2019 (34 of 2019), s. 8 (w.e.f. 31-10-2019).

5. Ins. by the Constitution (Thirty-sixth Amenement) Act, 1975, s. 4 (w.e.f. 26-4-1975).

6. Ins. by the State of Mizoram Act, 1986 (34 of 1986), s. 5 (w.e.f. 20 -2-1987).

7. Ins. by the State of Arunachal Pradesh Act, 1986 (69 of 1986), s. 5 (w.e.f. 20-2-1987).

8 .  Subs.  by  the  Pondicherry  (Alteration  of  Name)  Act,  2006  (44  of  2006)  s.  4,  for

"Pondicherry" (w.e.f. 1-10-2006).

9 .  Ins.  by  the  Jammu  and  Kashmir  Reorganisation  Act,  2019  (34  of  2019),  s.  8

(w.e.f. 31-10-2019).

10. Subs. by  the Goa, Daman and  Diu  Reorganisation  Act, 1987 (18 of 1987),  s. 6,  for

"232" (w.e.f. 30-5-1987).

306

FIFTH SCHEDULE

[Article 244(1)]

Provisions as to the Administration and Control of Scheduled Areas and

Scheduled Tribes

PART A

GENERAL

1.  Interpretation.—In  this  Schedule,  unless  the  context  otherwise


Scheduled Tribes

PART A

GENERAL

1.  Interpretation.—In  this  Schedule,  unless  the  context  otherwise

requires,  the  expression  “State” 1***  does  not  include  the 2[States  of  Assam

3[, 4[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  5 ***  to  the  President  regarding  the

administration of Scheduled Areas.—The  Governor 5*** 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.

PART B

ADMINISTRATION AND CONTROL OF SCHEDULED AREAS 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


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:

1.  The  words  and  letters  "means  a  State  specified  in  Part  A  or    Part  B  of  the  First

Schedule but" omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and

Sch. (w.e.f. 1-11-1956).

2. Subs.  by the North-Eastern  Areas (Reorganisation)  Act, 1971 (81 of 1971), s. 71,  for

"State of Assam" (w.e.f. 21-1-1972).

3 .  Subs.  by  the  Constitution  (Forty-ninth  Amendment)  Act,  1984,  s.  3,  for  "and

Meghalaya" (w.e.f. 1-4-1985).

4.  Subs.  by  the  State  of  Mizoram  Act,  1986  (34  of  1986),  s.  39,    for  "Meghalaya  and

Tripura" (w.e.f. 20-2-1987).

5.  The  words  "or  Rajpramukh"  omitted  by  the  Constitution  (Seventh  Amendment)  Act,

1956, s. 29 and Sch. (w.e.f. 1-11-1956).

307


1956, s. 29 and Sch. (w.e.f. 1-11-1956).

307

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 1***.

(3) The Governor 2*** 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  1***  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.


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.

(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;

1. The words "or Rajpramukh, as the case may be" omitted by the Constitution (Seventh

Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

2. The words "or Rajpramukh" omitted by s. 29 and Sch., ibid. (w.e.f. 1-11-1956).

308

(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  1 ***  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.


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 2***  making  the regulation  has, in the  case  where there is a  Tribes

Advisory Council for the State, consulted such Council.

PART C

SCHEDULED AREAS

6.  Scheduled  Areas.—(1)  In

this  Constitution,

the  expression

 declare to

“Scheduled Areas” means such areas as the President may by order

be Scheduled Areas.

(2) The President may at any time by order—

(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;

3[(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;

1.  The  words  "or  Rajpramukh"  omitted  by  the  Constitution  (Seventh  Amendment)  Act,

1956, s. 29 and Sch. (w.e.f. 1-11-1956).


1956, s. 29 and Sch. (w.e.f. 1-11-1956).

2 The words "or Rajpramukh" omitted by s. 29 and sch., ibid. (w.e.f. 1-11-1956).

  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).

  See  the  Madras  Scheduled  Areas  (Cessor)  Order,  1950  (C.O.  30)  and  the  Andhra

Scheduled Areas (Cessor) Order, 1955 (C.O. 50).

3. Ins. by the Fifth Schedule to the Constitution (Amendment) Act, 1976 (101 of 1976),

s. 2 (w.e.f. 7-9-1976).

309

(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;

1[(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


of, a Scheduled Area;

1[(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  sub-paragraph  (1)  of  this  paragraph  shall  not  be  varied  by

any subsequent order.

PART D

AMENDMENT OF THE SCHEDULE

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.

1. Ins. by the Fifth Schedule to the Constitution (Amendment) Act, 1976 (101 of 1976),

s. 2 (w.e.f. 7-9-1976).

310

SIXTH SCHEDULE

[Articles 244(2) and 275(1)]

Provisions as to the Administration of Tribal Areas in  1[the States of

Assam,  Meghalaya, Tripura and Mizoram]

21. Autonomous districts and autonomous regions.—(1) Subject to the


Assam,  Meghalaya, Tripura and Mizoram]

21. Autonomous districts and autonomous regions.—(1) Subject to the

provisions of this paragraph, the tribal areas in each item of  3[4[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 3[any of the Parts] of the said table,

(b) exclude any area from 3[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,

5[(ff) alter the name of any autonomous district],

(g) define the boundaries of any autonomous district:

1. Subs. by the State of Mizoram Act, 1986 (34 of 1986), s. 39, for certain words (w.e.f. 20 -2-

1987).

2.  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 :—


proviso after sub-paragraph (2), namely :—

"Provided that nothing in this sub-paragraph shall apply to the Bodoland Territorial Areas

District" (w.e.f. 7-9-2003).

3.  Subs.  by  the  North-Eastern  Areas  (Reorganisation)  Act,  1971  (81  of  1971),  s.  71(i)  and

Eighth Sch., for "Part A" (w.e.f. 21-1-1972).

4. Subs. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 4, for "Part I and II" (w.e.f.

1-4-1985).

5. Ins. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and Fourth Sch.

(w.e.f. 2-4-1970).

311

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:

1[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.]

2-3-42.  Constitution  of  District  Councils    and    Regional  Councils.—


provisions of the order.]

2-3-42.  Constitution  of  District  Councils    and    Regional  Councils.—

5[(1) There shall be a District Council for each autonomous district   consisting

of not more than thirty members, of whom not more than four persons shall be

nominated  by  the  Governor and the rest  shall  be elected  on  the  basis  of  adult

suffrage.]

1. Ins. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and Eighth

Sch. (w.e.f. 21-1-1972).

2. Paragraph 2 has been amended in its application to the State of Assam by  the Sixth Schedule

to the Constitution (Amendment) Act, 2003(44 of 2003), s. 2, so as to insert the 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 non-tribal 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:”

3. Paragraph 2 has been amended in its application to the State of Assam by the Sixth Schedule


shall be women:”

3. 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 Council.”

4. Paragraph 2 has been amended in its application to the State of Assam by  the Sixth Schedule

to the Constitution (Amendment)  Act, 2003(44 of 2003), s. 2, so as to insert the following

proviso after sub-paragraph (3), namely:—

“Provided  further  that  the  District  Council  constituted  for  the  BodolandTerritorial

Areas District shall be called the Bodoland Territorial Council.”

5.  Subs.  by  the  Assam  Reorganisation  (Meghalaya)  Act,  1969  (55  of  1969),  s.  74  and  Fourth

Sch., for sub-paraghaph (1) (w.e.f. 2-4-1970).

312

(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.


312

(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—


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 1[Regional Councils];

1.  Subs.  by  the  Assam  Reorganisation  (Meghalaya)  Act,  1969  (55  of  1969),  s.  74  and

Fourth Sch., for "such Councils" (w.e.f. 2-4-1970).

313

(f)  any  other  matter  relating  to  or  connected  with  elections  or

nominations to such Councils;

(g) the procedure and the conduct of business 1[(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.

1[(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:


after the general elections to the Council, unless the District Council is sooner

dissolved under paragraph 16 and a nominated member shall hold office at the

pleasure of the Governor:

Provided that the said period of five years may, while a Proclamation of

Emergency is in operation or if circumstances exist which, in the opinion of the

Governor,  render  the  holding  of  elections  impracticable,  be  extended  by  the

Governor for a period not exceeding one year at a time and in any case where a

Proclamation  of  Emergency  is  in  operation  not  extending  beyond  a  period  of

six months after the Proclamation has ceased to operate:

Provided further that a member elected to fill a casual vacancy shall hold

office  only  for  the  remainder  of  the  term  of  office  of  the  member  whom  he

replaces.]

(7)  The  District  or the  Regional  Council  may  after its  first  constitution

make    rules  1[with  the  approval  of  the  Governor]  with  regard  to  the  matters

specified in sub-paragraph (6) of this paragraph and may also make rules 1[with

like approval] regulating—

(a)  the  formation  of  subordinate  local  Councils  or  Boards  and

their procedure and the conduct of their business; and

(b)  generally  all  matters  relating  to  the  transaction  of  business

pertaining  to  the  administration  of  the  district  or  region,  as  the  case

may be:


pertaining  to  the  administration  of  the  district  or  region,  as  the  case

may be:

1.  Ins.  by  the  Assam  Reorganisation  (Meghalaya)  Act,  1969  (55  of  1969),  s.  74  and

Fourth Sch. (w.e.f. 2-4-1970).

314

Provided that until rules are made by the District or the Regional Council

under this sub-paragraph the rules made by the Governor  under sub-paragraph

(6) of this paragraph shall have effect in respect of elections to, the officers and

staff of, and the procedure and the conduct of business in, each such Council.

1*                        *                        *

2-3-43. Powers of the District Councils and Regional Councils to make

laws.—(1) The Regional Council for an autonomous region in

1. Second proviso omitted by s. 74 and Fourth Sch. of the Assam Reorganisation (Meghalaya)

Act, 1969 (55 of 1969) (w.e.f. 2-4-1970).

2.  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 (w.e.f. 7-9-2003),—

“(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 (2) of paragraph 3B, all laws made under this paragraph or sub-paragraph (1) of

paragraph  3A  or  sub-paragraph  (1)  of  paragraph  3B  shall  be  submitted  forthwith  to  the

Governor and, until  assented to by him, shall have no effect.” .

3.  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,  subject  to  the  provisions  of  entries  7  and  52  of  List  I  of  the  Seventh

Schedule;

(b)  communications,  that  is  to  say,  roads,  bridges,  ferries  and  other  means  of

communication  not  specified  in  List  I  of  the  Seventh  Schedule;  municipal

tramways, ropeways, inland waterways and traffic thereon subject to the provisions


communication  not  specified  in  List  I  of  the  Seventh  Schedule;  municipal

tramways, ropeways, inland waterways and traffic thereon subject to the provisions

of  List  I  and  List  III  of  the  Seventh  Schedule  with  regard  to  such  waterways;

vehicles other than mechanically propelled vehicles;

(c)   preservation,  protection  and  improvement  of  stock  and  prevention  of  animal

diseases; veterinary training and practice; cattle pounds;

(d)  primary and secondary education;

(e)   agriculture,  including  agricultural  education  and  research,  protection  against  pests

and prevention of plant diseases;

(f)   fisheries;

315

(Foot-note Continue),—

(g)   water,  that  is  to  say,  water  supplies,  irrigation  and  canals,  drainage  and

embankments, water  storage and  water power  subject to the provisions of entry  56

of List I of the Seventh Schedule;

(h)   social security and social insurance; employment and unemployment;

(i)   flood control schemes for  protection of villages, paddy fields,  markets, towns, etc.

(not of technical nature);

(j)   theatre and dramatic performances, cinemas subject to the provisions of entry 60 of

List I of the Seventh Schedule; sports, entertainments and amusements;

(k)   public health and sanitation, hospitals and dispensaries;

(l)   minor irrigation;

(m)  trade and commerce in, and the production  supply and distribution  of, food stuffs,

cattle fodder, raw cotton and raw jute;

(n)   libraries,  museums  and  other  similar  institutions  controlled  or  financed  by  the


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


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.".

4.  After  paragraph  3A,  the  following  paragraph  has  been  inserted  in  its  application  to  the  State  of

Assam  by  the  Sixth  Schedule  to  the  Constitution  (Amendment)  Act,  2003  (44  of  2003),  s.  2,

namely:—

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

316

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


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


panchayat  and  rural  development;    (xxii)  planning  and  development;    (xxiii)  printing  and

stationery; (xxiv) public  health engineering; (xxv)  public  works  department;  (xxvi)  publicity

and public relations; (xxvii) registration of births and deaths;  (xxviii)  relief and rehabilitation;

(xxix) sericulture; (xxx)  small, cottage and rural  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  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


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 months

from the date of receipt of such message and, if the law is again passed by the said Council with

or without amendments it shall be presented again to the President for his consideration.”.

317


from the date of receipt of such message and, if the law is again passed by the said Council with

or without amendments it shall be presented again to the President for his consideration.”.

317

respect  of  all  areas  within  such    region  and  the  District  Council  for  an

autonomous district in respect of all areas within the district except those which

are  under  the  authority  of  Regional  Councils,  if  any,  within  the  district  shall

have power to make laws with respect to—

(a) the allotment, occupation or  use, or the setting apart, of land,

other    than  any  land  which  is  a  reserved  forest  for  the  purposes  of

agriculture  or  grazing  or  for  residential  or  other  non-agricultural

purposes or  for  any  other  purpose likely to promote the interests of the

inhabitants of any village or town:

Provided that  nothing  in  such  laws  shall prevent the  compulsory

acquisition  of  any  land,  whether  occupied  or  unoccupied,  for  public

purposes 1[by  the  Government  of  the  State  concerned]  in  accordance

with the law for the time being in force authorising such acquisition;

(b) the management of any forest not being a reserved forest;

(c)  the  use  of  any  canal  or  water-course  for  the  purpose  of

agriculture;

(d) the regulation of the practice of jhum or other forms of shifting

cultivation;

(e)  the  establishment  of  village  or  town  committees  or  councils

and their powers;


cultivation;

(e)  the  establishment  of  village  or  town  committees  or  councils

and their powers;

(f)  any  other  matter  relating  to  village  or  town  administration,

including village or town police and public health and sanitation;

(g) the appointment or succession of Chiefs or Headmen;

(h) the inheritance of property;

2[(i) marriage and divorce;]

(j) social customs.

(2)  In  this  paragraph,  a  “reserved  forest”  means  any  area  which  is  a

reserved  forest  under  the  Assam  Forest  Regulation,  1891,  or  under  any  other

law for the time being in force in the area in question.

1. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and

Eighth Sch., for certain words (w.e.f. 21-1-1972).

2.  Subs.  by  the  Assam  Reorganisation  (Meghalaya)  Act,  1969  (55  of  1969),  s.  74  and

Fourth Sch., for cl. (i) (w.e.f. 2-4-1970).

318

(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

in  autonomous  districts  and

justice

autonomous regions.—(1) The Regional Council for an autonomous region in

respect of areas within such region and the District Council for an autonomous


in  autonomous  districts  and

justice

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  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


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 2*** shall  have  and  exercise  such  jurisdiction over

the  suits  and  cases  to  which  the  provisions  of  sub-paragraph  (2)  of  this

paragraph apply as the Governor may from time to time by order specify.

1.  Paragraph 4 has been amended in its application to the State of Assam by the Sixth Schedule to

the  Constitution  (Amendment)  Act, 2003  (44  of 2003),  s. 2,  (w.e.f.  7-9-2003)  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.” .

2. The  words  "of  Assam" omitted by the  North-Eastern  Areas  (Reorganisation)  Act, 1971 (81

of 1971), s. 71(i) and Eighth Sch. (w.e.f. 21-1-1972).

319

(4)  A  Regional  Council  or  District  Council,  as  the  case  may  be,  may


319

(4)  A  Regional  Council  or  District  Council,  as  the  case  may  be,  may

with the previous approval of the Governor make rules regulating —

(a) the constitution of village councils and courts and the powers

to be exercised by them under this paragraph;

(b) the procedure to be followed by village councils or courts in the

trial of suits and cases under sub-paragraph (1) of this paragraph;

(c) the procedure to be followed by the Regional or District Council

or any court constituted by such Council in appeals and other proceedings

under sub-paragraph (2) of this paragraph;

(d) the enforcement of decisions and orders of such councils and

courts;

(e) all other ancillary matters for the carrying out of the provisions

of sub-paragraphs (1) and (2) of this paragraph.

1[(5)  On  and  from  such  date  as  the  President  may, 2[after  consulting  the

Government  of  the  State  concerned],  by  notification  appoint  in  this  behalf,  this

paragraph  shall  have  effect  in  relation  to  such  autonomous  district or  region  as

may be specified in the notification, as if—

(i)  in  sub-paragraph  (1),  for  the  words  “between  the  parties  all  of

whom belong to Scheduled Tribes within such areas, other than suits and

cases to which the provisions of sub-paragraph (1) of paragraph 5 of this

Schedule  apply,”,  the  words  “not  being  suits  and  cases  of  the  nature

referred to in sub-paragraph (1)  of  paragraph (5)  of this  Schedule, which


referred to in sub-paragraph (1)  of  paragraph (5)  of this  Schedule, which

the Governor may specify in this behalf,” had been substituted;

(ii) sub-paragraphs (2) and (3) had been omitted;

(iii) in sub-paragraph (4)—

(a) for the words “A Regional Council or District Council, as

the  case may be, may  with the previous  approval  of the Governor

make  rules  regulating”,  the  words  “the  Governor  may  make  rules

regulating” had been substituted; and

(b) for clause (a), the following clause had been substituted,

namely:—

1.  Ins.  by  the  Assam  Reorganisation  (Meghalaya)  Act,  1969  (55  of  1969),  s.  74  and

Fourth Sch. (w.e.f. 2-4-1970).

2. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and

Eighth Sch., for certain words (w.e.f. 21-1-1972).

320

“(a) the  constitution  of  village  councils and  courts, the

powers to be exercised by them under this paragraph and the

courts to which appeals from the decisions of village councils

and courts shall lie;”;

(c) for clause (c), the following clause had been substituted,

namely:—

“(c)  the  transfer  of  appeals  and  other  proceedings

pending before the Regional or District Council or any court

constituted  by  such  Council  immediately  before  the  date


pending before the Regional or District Council or any court

constituted  by  such  Council  immediately  before  the  date

appointed by the President under sub-paragraph (5);”; and

(d) in clause (e), for the words, brackets and figures   “sub-

paragraphs  (1)  and  (2)”,  the  word,  brackets  and  figure  “sub-

paragraph (1)” had been substituted.]

5.  Conferment  of  powers  under the  Code  of  Civil Procedure, 1908,

and the  Code  of  Criminal Procedure,  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,  18981,  as  he  deems


the  case  may  be,  the  Code  of  Criminal  Procedure,  18981,  as  he  deems

appropriate, and thereupon the said Council, court or officer shall try the suits,

cases or offences in exercise of the powers so conferred.

(2) The Governor may withdraw or modify any of the powers conferred

on  a  District  Council,  Regional  Council,  court  or  officer  under  sub-paragraph

(1) of this paragraph.

(3)  Save  as  expressly  provided  in  this  paragraph,  the  Code  of  Civil

Procedure, 1908, and the Code of Criminal Procedure, 18981, shall not apply to

the  trial  of  any  suits,  cases  or  offences  in  an  autonomous  district  or  in  any

autonomous region to which the provisions of this paragraph apply.

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

321

1 [(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.]

2[6.  Powers  of  the  District  Council  to  establish  primary  schools,