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

etc.—  (1)  The  District  Council  for  an  autonomous  district  may  establish,

construct,  or  manage  primary  schools,  dispensaries,  markets, 3[cattle  pounds],

ferries,  fisheries,  roads, road  transport  and  waterways  in the  district  and  may,

with the previous approval of the Governor, make regulations for the regulation

and  control  thereof  and,  in  particular,  may  prescribe  the  language  and  the

manner in which primary education shall be imparted in the primary schools in

the district.

(2) The Governor may, with the consent of any District Council, entrust

either  conditionally  or  unconditionally  to  that  Council  or  to  its  officers

functions in relation to agriculture, animal husbandry, community projects, co-

operative  societies,  social  welfare,  village  planning  or  any  other  matter  to

which the executive power of the State 4***  extends.

7.  District  and  Regional  Funds.—(1)  There  shall  be  constituted  for

each  autonomous  district,  a  District  Fund  and  for  each  autonomous  region,  a

Regional Fund to which shall be credited all moneys received respectively by

the District Council for that district and the Regional Council for that region in

the course of the administration of such district or region, as the case may be, in

accordance with the provisions of this Constitution.


the course of the administration of such district or region, as the case may be, in

accordance with the provisions of this Constitution.

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. s. 74 and Fourth Sch., ibid. for "paragraph 6" (w.e.f. 2-4-1970).

3. Subs. by the Repealing and Amending Act, 1974 (56 of 1974), s. 4, for "cattle pounds"

(w.e.f. 20-12-1974).

4.  The  words  "of  Assam  or  Meghalaya,  as  the  case  may  be,"  omitted  by  the  North-

Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and Eighth Sch. (w.e.f.

21-1-1972).

322

1[(2) The Governor may make rules for the management of the District

Fund,  or,  as  the  case  may  be, the  Regional  Fund  and  for  the  procedure to  be

followed in respect of payment of money into the said Fund, the withdrawal of

moneys  therefrom,  the  custody  of  moneys  therein  and  any  other  matter

connected with or ancillary to the matters  aforesaid.


connected with or ancillary to the matters  aforesaid.

(3)  The  accounts  of  the  District  Council  or,  as  the  case  may  be,  the

Regional  Council shall  be  kept in  such  form  as  the  Comptroller  and  Auditor-

General of India may, with the approval of the President, prescribe.

(4) The Comptroller and Auditor-General shall cause the accounts of the

District and  Regional  Councils to  be audited  in such  manner  as  he  may  think

fit,  and  the  reports  of  the  Comptroller  and  Auditor-General  relating  to  such

accounts  shall  be  submitted  to  the  Governor  who  shall  cause  them  to  be  laid

before the Council.]

8. Powers to assess and collect land revenue and to impose taxes.—

(1)  The  Regional  Council  for  an  autonomous  region  in  respect  of  all  lands

within  such  region  and  the  District  Council  for  an  autonomous  district  in

respect of all lands within the district except those which are in the areas under

the  authority  of  Regional  Councils,  if  any,  within  the  district,  shall  have  the

power to assess and collect revenue in respect of such lands in accordance with

the principles for the time being followed 2[by the Government of the State in

assessing lands for the purpose of land revenue in the State generally.]

(2)  The  Regional  Council  for  an  autonomous  region  in  respect  of  areas

within such region and the District Council for an autonomous district in respect


(2)  The  Regional  Council  for  an  autonomous  region  in  respect  of  areas

within such region and the District Council for an autonomous district in respect

of all areas in the district except those which are under the authority of Regional

Councils, if any, within the district, shall have power to levy and collect taxes on

lands and buildings, and tolls on persons resident within such areas.

(3) The District Council for an autonomous district shall have the power to levy

and  collect  all or any of the following taxes within such district, that is to  say —

(a) taxes on professions, trades, callings and employments;

(b) taxes on animals, vehicles and boats;

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

Fourth Sch., for sub-paragraph (2) (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).

323

(c) taxes on the entry of goods into a market for sale therein, and

tolls on passengers and goods carried in ferries; 1***

(d)  taxes  for  the  maintenance  of  schools,  dispensaries  or  roads;

2[and]

3[(e)  taxes on entertainment and amusements.]

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


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

make  regulations  to  provide  for  the  levy  and  collection  of  any  of  the  taxes

specified  in  sub-paragraphs  (2)  and  (3)  of  this  paragraph  4[and  every  such

regulation  shall be  submitted  forthwith  to the  Governor  and,  until  assented to

by him, shall have no effect].

59. Licences or leases for the purpose of prospecting for, or extraction

of, minerals.—(1) Such share of the royalties accruing each year from licences or

leases for the purpose of prospecting for, or the extraction of, minerals granted by

6[the  Government  of  the  State]  in  respect  of  any  area  within  an  autonomous

district as  may  be agreed  upon between  6[the  Government  of the State] and the

District Council of such district shall be made over to that District Council.

(2) If any dispute arises as to the share of such royalties to be made over

to a District Council, it shall be referred to the Governor for determination and

the amount determined by the Governor in his discretion shall be deemed to be

the  amount  payable  under  sub-paragraph  (1)  of  this  paragraph  to  the  District

Council and the decision of the Governor shall be final.

1. The word "and" omitted by the Constitution (One Hundred and First Amendment) Act,

2016, s. 16(i)  (w.e.f. 16-9-2016).


2016, s. 16(i)  (w.e.f. 16-9-2016).

2. Ins. by s. 16(ii), ibid. (w.e.f. 16-9-2016).

3. Ins. by s. 16(iii), ibid. (w.e.f. 16-9-2016).

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

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

5.  Paragraph 9 has been amended in its application to the States of Tripura and Mizoram

by the Sixth Schedule to the Constitution (Amendment) Act, 1988 (67 of 1988), s. 2

(w.e.f.  16-12-1988),  so  as  to  insert  the  following  sub-paragraph  after  sub-paragraph

(2), namely:—

“(3) The Governor may, by order, direct that the share of royalties to be made over

to a District Council under this paragraph shall be made  over to that Council within a

period  of  one  year  from  the  date  of  any  agreement  under  sub-paragraph  (1)  or, as  the

case may be, of  any determination under sub-paragraph (2).”.

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

Eighth Sch., for "the Government of Assam" (w.e.f. 21-1-1972).

324


Eighth Sch., for "the Government of Assam" (w.e.f. 21-1-1972).

324

110. Power of District Council to make regulations for the control of

money-lending  and  trading  by non-tribals.—(1)  The  District  Council   of

an      autonomous    district    may      make  regulations    for    the  regulation  and

control  of  money-lending  or  trading  within  the  district  by  persons  other  than

Scheduled Tribes resident in the district.

(2) In particular and without prejudice to the generality of the foregoing

power, such regulations may—

(a) prescribe that  no  one  except the holder  of a licence issued in

that behalf shall   carry on the business of money-lending;

(b) prescribe the maximum rate of interest which may be charged

or be recovered by a money-lender;

(c) provide for the maintenance of accounts by money-lenders and

for  the  inspection  of  such  accounts  by  officers  appointed  in that behalf

by the District Council;

(d) prescribe that no person who is not a member of the Scheduled

Tribes resident in the district shall carry on wholesale or retail business

in  any  commodity  except  under  a  licence  issued  in  that  behalf  by  the

District Council :

1 .    Paragraph  10  has  been  amended  in  its  application  to  the  States  of  Tripura  and

Mizoram  by  the  Sixth  Schedule  to  the  Constitution  (Amendment)  Act,  1988  (67  of

1988) (w.e.f. 16-12-1988) s.2, as under—


1988) (w.e.f. 16-12-1988) s.2, as under—

(a) in the heading, the words “by non-tribals” shall be omitted;

(b)  in  sub-paragraph  (1),  the  words  “other  than  Scheduled  Tribes”  shall  be

omitted;

(c) in sub-paragraph (2), for clause (d), the following clause shall be substituted,

namely:—

"(d)    prescribe  that  no  person  resident  in  the  district  shall  carry  on  any

trade, whether wholesale or retail, except under a licence issued in that behalf by

the District Council:”.

325

Provided  that  no  regulations  may  be  made  under  this  paragraph  unless

they  are  passed  by  a  majority  of  not  less  than  three-fourths  of  the  total

membership of the District Council:

Provided  further  that  it  shall  not  be  competent  under  any  such

regulations to refuse  the  grant  of  a licence to  a  money-lender  or  a trader  who

has  been  carrying  on  business  within  the  district  since  before  the  time  of  the

making of such regulations.

(3)  All  regulations  made  under  this  paragraph  shall  be  submitted

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

                              *                                  *                                   *

11.  Publication  of  laws,  rules  and  regulations  made  under  the


                              *                                  *                                   *

11.  Publication  of  laws,  rules  and  regulations  made  under  the

Schedule.—All  laws,  rules  and  regulations  made  under  this  Schedule  by  a

District Council or a Regional Council shall be published forthwith in the Official

Gazette of the State and shall on such publication have the force of law.

-12.  1 [Application  of  Acts  of  Parliament  and  of  the

Legislature  of  the  State  of  Assam  to  autonomous  districts  and

autonomous  regions  in  the  State  of  Assam].—  (1)  Notwithstanding

anything in this Constitution, —

 Paragraph 10 has been amended in its application to the State of Assam by the Sixth Schedule to the

Constitution  (Amendment)  Act,  2003  (44  of  2003),  s.  2  (w.e.f.  7-9-2003),  so  as  to  insert  the

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

"(4) Nothing in this  paragraph shall  apply to the  Bodoland Territorial Council  constituted

under the proviso to sub-paragraph (3) of paragraph 2 of this Schedule.".

 Paragraph 12 has been amended to its application to the State of Assam by the Sixth Schedule to

the Constitution (Amendment) Act, 1995 (42 of 1995), s. 2 (w.e.f. 12-9-1995) as under,-


the Constitution (Amendment) Act, 1995 (42 of 1995), s. 2 (w.e.f. 12-9-1995) as under,-

‘in  paragraph  12,  in  sub-paragraph  (1),  for  the  words  and  figure  “matters  specified  in

paragraph 3 of this Schedule”, the words, figures and letter “matters specified in paragraph 3 or

paragraph 3A of this Schedule” shall be substituted.’.

 Paragraph 12 has been amended in its application to the State of Assam by the Sixth Schedule to

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

‘in paragraph 12, in sub-paragraph (1), in clause (a), for the words, figures and letter “matters

specified in paragraph 3 or paragraph 3A of this Schedule”, the words, figures and letters “matters

specified in paragraph 3 or paragraph 3A or paragraph 3B of this Schedule” shall be substituted.’.

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

Sch., for the heading (w.e.f. 21-1-1972).

326

(a) no Act of the 1[Legislature of the State of Assam] in respect of

any of the matters specified in paragraph 3 of this Schedule as matters with

respect to which a District Council or a Regional Council may make laws,

and  no  Act  of  the  Legislature  of  the  State  of  Assam  prohibiting  or


and  no  Act  of  the  Legislature  of  the  State  of  Assam  prohibiting  or

restricting the consumption of any non-distilled alcoholic liquor shall apply

to any autonomous district or autonomous region 2[in that State] unless in

either case the District Council for such district or having jurisdiction over

such  region  by  public  notification  so  directs,  and  the  District  Council  in

giving such direction with respect to any Act may direct that the Act shall

in its application to such district or region or any part thereof have effect

subject to such exceptions or modifications as it thinks fit;

(b) the  Governor  may,  by  public  notification,  direct  that any  Act

of Parliament or of the 1[Legislature of the State of Assam] to which the

provisions  of  clause  (a)  of  this  sub-paragraph  do  not  apply  shall  not

apply to an autonomous district or an autonomous region  2[in that State],

or shall apply to such district or region or any part thereof subject to such

exceptions or modifications as he may specify in the notification.

(2)  Any  direction  given  under  sub-paragraph (1)  of this  paragraph  may

be given so as to have retrospective effect.

3[12A.  Application  of  Acts  of  Parliament  and  of  the  Legislature  of

the State of Meghalaya to autonomous districts and autonomous regions in

the State of Meghalaya.—Notwithstanding anything in this Constitution,—

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


Sch., for "Legislature of the State" (w.e.f. 21-1-1972).

2. Ins. by  s. 71(i) and Eighth Sch.,  ibid. (w.e.f. 21-1-1972).

3. Subs. by  s. 71(i) and Eighth Sch., ibid., for paragraph 12A (w.e.f. 21-1-1972).

327

(a)  if  any  provision  of  a  law  made  by  a  District  or  Regional

Council in the State of Meghalaya with respect to any matter specified in

sub-paragraph (1) of paragraph 3 of this Schedule or if any provision of

any regulation made by a District Council or a Regional Council in that

State under paragraph 8 or paragraph 10 of this Schedule, is repugnant to

any  provision  of  a  law  made  by  the  Legislature  of  the  State  of

Meghalaya with respect to that matter, then, the law or regulation made

by  the  District  Council  or,  as  the  case  may  be,    the  Regional  Council

whether  made  before  or  after  the  law  made  by  the  Legislature  of  the

State of Meghalaya, shall, to the extent of repugnancy, be void and the

law made by the Legislature of the State of Meghalaya shall prevail;

(b) the  President  may,  with  respect  to  any  Act  of  Parliament,  by

notification, direct that it shall not apply to an autonomous district or an

autonomous  region  in  the  State  of  Meghalaya,  or  shall  apply  to  such


autonomous  region  in  the  State  of  Meghalaya,  or  shall  apply  to  such

district  or  region  or  any  part  thereof  subject  to  such  exceptions  or

modifications  as  he  may  specify  in  the  notification  and  any  such

direction may be given so as to have retrospective effect.]

1[12AA. Application of Acts of Parliament and of the Legislature of

the State of Tripura to  the autonomous districts and autonomous regions

in the State of Tripura.—Notwithstanding anything in this Constitution,—

(a) no Act of the Legislature of the State of Tripura in respect of any

of  the  matters  specified  in  paragraph  3  of  this  Schedule  as  matters  with

respect to which a District Council or a Regional Council may make laws,

and  no  Act  of  the  Legislature  of  the  State  of  Tripura  prohibiting  or

restricting the consumption of any non-distilled alcoholic liquor shall apply

to the autonomous district or an autonomous region in that State unless, in

either case, the District Council for that district or having jurisdiction over

such  region  by  public  notification  so  directs,  and  the  District  Council  in

giving such direction with respect to any Act may direct that the Act shall,

in  its  application  to  that  district  or  such  region  or  any  part  thereof  have

effect subject to such exceptions or modifications as it thinks fit;

1.  Paragraph  12AA  was  inserted  by    the  Constitution  (Forty-ninth  Amendment)  Act,


1.  Paragraph  12AA  was  inserted  by    the  Constitution  (Forty-ninth  Amendment)  Act,

1984, s. 4 (w.e.f. 1-4-1985) and subsequently subs. by paragraphs 12AA and 12B by

the Sixth Schedule to  the Constitution (Amendment)  Act, 1988 (67 of 1988),       s. 2

(w.e.f. 16-12-1988).

328

(b) the  Governor  may,  by  public  notification,  direct  that any  Act

of  the  Legislature  of  the  State  of  Tripura  to  which  the  provisions  of

clause  (a)  of  this  sub-paragraph  do  not  apply,  shall  not  apply  to  the

autonomous district or an autonomous region in that State, or shall apply

to  that  district  or  such  region,  or  any  part  thereof,  subject  to  such

exceptions or modifications, as he may specify in the notification;

(c) the  President  may,  with respect to  any  Act  of  Parliament,  by

notification, direct that it shall not apply to the autonomous district or an

autonomous region in the State of Tripura, or shall apply to such district

or region or any part thereof, subject to such exceptions or modifications

as  he  may  specify  in  the  notification  and  any  such  direction  may  be

given so as to have retrospective effect.

12B. Application of Acts of Parliament and of the Legislature of the

State  of  Mizoram  to  autonomous  districts  and  autonomous  regions  in the


12B. Application of Acts of Parliament and of the Legislature of the

State  of  Mizoram  to  autonomous  districts  and  autonomous  regions  in the

State of Mizoram.—Notwithstanding anything in this Constitution,—

(a) no Act of the Legislature of the State of Mizoram in respect of

any  of  the  matters  specified in  paragraph 3  of  this  Schedule as  matters

with  respect  to  which  a  District  Council  or  a  Regional  Council  may

make  laws,  and  no  Act  of  the  Legislature  of  the  State  of  Mizoram

prohibiting  or  restricting  the  consumption  of  any              non-distilled

alcoholic  liquor  shall  apply  to  any  autonomous  district  or  autonomous

region  in that  State  unless, in either  case,  the  District  Council  for  such

district or having jurisdiction over such region, by public notification, so

directs, and the District Council, in giving such direction with respect to

any Act, may direct that the Act shall, in its application to such district or

region  or  any  part  thereof,  have  effect  subject  to  such  exceptions  or

modifications as it thinks fit;

(b) the  Governor  may,  by  public  notification,  direct  that any  Act

of  the  Legislature  of  the  State  of  Mizoram  to  which  the  provisions  of

clause  (a)  of  this  sub-paragraph  do  not  apply,  shall  not  apply  to  an

autonomous district or an autonomous region in that State, or shall apply


autonomous district or an autonomous region in that State, or shall apply

to such district or region, or any part thereof, subject to such exceptions

or modifications, as he may specify in the notification;

329

(c) the  President  may,  with respect to  any  Act  of  Parliament,  by

notification, direct that it shall not apply to an autonomous district or an

autonomous  region  in  the  State  of  Mizoram,  or  shall  apply  to  such

district  or  region  or  any  part  thereof,  subject  to  such  exceptions  or

modifications  as  he  may  specify  in  the  notification  and  any  such

direction may be given so as to have retrospective effect.]]

13.  Estimated  receipts  and  expenditure  pertaining  to  autonomous

districts  to  be  shown  separately  in  the  annual  financial  statement.—The

estimated receipts and expenditure pertaining to an autonomous district which

are to be credited to, or is to be made from, the Consolidated Fund of the State

1***  shall  be  first  placed  before  the  District  Council  for  discussion  and  then

after such discussion be shown separately in the annual financial statement of

the State to be laid before the Legislature of the State under article 202.

214.  Appointment  of  Commission  to inquire  into  and  report  on  the

administration of autonomous districts and autonomous regions.—(1) The

Governor may at any time appoint a Commission to examine and report on any

matter  specified  by  him  relating  to  the  administration  of  the  autonomous

districts  and  autonomous  regions  in  the  State,  including  matters  specified  in


districts  and  autonomous  regions  in  the  State,  including  matters  specified  in

clauses (c), (d), (e) and (f) of sub-paragraph (3) of paragraph 1 of this Schedule,

or may appoint a Commission to inquire into and report from time to time on

the administration of autonomous districts and autonomous regions in the State

generally and in particular on—

(a)  the  provision  of  educational  and  medical  facilities  and

communications in such districts and regions;

(b) the need for any new or special legislation in respect of such

districts and regions; and

(c) the administration of the laws, rules and regulations made by

the District and Regional Councils;

and define the procedure to be followed by such Commission.

1. 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).

2.  Paragraph 14 has been amended in its application to the State of Assam by the Sixth

Schedule to the Constitution  (Amendment) Act, 1995 (42 of 1995), s. 2 as under:—

‘in paragraph 14, in sub-paragraph (2), the words “with the recommendations of

the Governor with respect thereto” shall be omitted.’.

330

(2) The report of every such Commission with the recommendations of

the  Governor  with  respect  thereto  shall  be  laid  before  the  Legislature  of  the

State  by  the  Minister  concerned  together  with  an  explanatory  memorandum


State  by  the  Minister  concerned  together  with  an  explanatory  memorandum

regarding the action proposed to be taken thereon by 1[the Government of the

State.]

(3) In allocating the business of the Government of the State among his

Ministers the  Governor  may  place  one  of  his Ministers  specially  in  charge  of

the welfare of the autonomous districts and autonomous regions in the State.

215. Annulment or suspension of acts and resolutions of District and

Regional Councils.—(1) If at any time the Governor is satisfied that an act or

resolution of a District or a Regional Council is likely to endanger the safety of

India 3[or is likely to be prejudicial to public order], he may annul or suspend

such  act  or  resolution  and  take  such  steps  as  he  may  consider  necessary

(including the suspension of the Council and the assumption to himself of all or

any  of  the  powers  vested  in  or  exercisable  by  the  Council)  to  prevent  the

commission  or  continuance  of  such  act,  or  the  giving  of  effect  to  such

resolution.

(2)  Any  order  made  by  the  Governor  under  sub-paragraph  (1)  of  this

paragraph together with the reasons therefor shall be laid before the Legislature

of  the  State  as  soon  as  possible  and  the  order  shall,  unless  revoked  by  the

Legislature of the State, continue in force for a period of twelve months from

the date on which it was so made:

Provided that if and so often as a resolution approving the continuance in


the date on which it was so made:

Provided that if and so often as a resolution approving the continuance in

force  of  such  order  is  passed  by  the  Legislature  of  the  State,  the  order  shall

unless  cancelled  by  the  Governor  continue  in  force  for  a  further  period  of

twelve months from the date on which under this paragraph it would otherwise

have ceased to operate.

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

Eighth Sch., for "the Government of Assam" (w.e.f. 21-1-1972).

2.  Paragraph 15 has been amended in its application to the States of Tripura and Mizoram  by

the  Sixth  Schedule  to  the  Constitution  (Amendment)  Act,  1988  (67  of  1988),  s.  2  (w.e.f.

16-12-1988), as under,—

‘(a)  in  the  opening  paragraph,  for  the  words  “by  the  Legislature  of  the  State”,  the

words “by him” shall be substituted;

(b) the proviso shall be omitted.’.

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

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

331

116.  Dissolution  of  a  District  or  a  Regional  Council.— 2[(1)]  The


331

116.  Dissolution  of  a  District  or  a  Regional  Council.— 2[(1)]  The

Governor  may  on  the  recommendation  of  a  Commission  appointed  under

paragraph 14 of this Schedule by public notification order the dissolution of a

District or a Regional Council, and—

(a)  direct  that  a  fresh  general election  shall  be  held  immediately

for the reconstitution of the Council, or

(b) subject to the previous approval of the Legislature of the State

assume  the  administration  of  the  area  under  the  authority  of  such

Council  himself  or  place  the  administration  of  such  area  under  the

Commission  appointed  under  the  said  paragraph  or  any  other  body

considered suitable by him for a period not exceeding twelve months:

Provided that when an order under clause (a) of this paragraph has been

made,  the  Governor  may  take  the  action  referred  to  in  clause  (b)  of  this

paragraph with regard to the administration of the area in question pending the

reconstitution of the Council on fresh general election:

Provided  further  that  no  action  shall  be  taken  under  clause  (b)  of  this

paragraph without giving the District or the Regional Council, as the case may

be, an opportunity of placing its views before the Legislature of the State.

1. Paragraph 16 has been amended in its application to the  States  of Tripura and Mizoram  by


be, an opportunity of placing its views before the Legislature of the State.

1. Paragraph 16 has been amended in its application to the  States  of Tripura and Mizoram  by

the  Sixth  Schedule  to  the  Constitution  (Amendment)  Act,  1988  (67  of  1988)    s.  2  (w.e.f.

16-12-1988),  as under,—

‘(a)  in  sub-paragraph  (1),  the  words  “subject  to  the  previous  approval  of  the  Legislature

of the State” occurring in clause (b), and the second proviso shall be omitted;

(b) for sub-paragraph (3), the following sub-paragraph shall be substituted, namely:—

“(3)  Every  order  made  under  sub-paragraph  (1)  or  sub-paragraph  (2)  of  this

paragraph,  along  with  the  reasons  therefor  shall  be  laid  before  the  Legislature  of  the

State.”.’.

2 .  Paragraph  16  renumbered  as  sub-paragraph  (1)  thereof  by  the  Assam  Reorganisation

(Meghalaya) Act, 1969 (55 of 1969), s. 74 and Fourth Sch.  (w.e.f. 2-4-1970).

332

1[(2)  If  at  any  time  the  Governor  is  satisfied  that  a  situation  has  arisen  in

which the administration of an autonomous district or region cannot be carried on in

accordance  with  the  provisions  of  this  Schedule,  he  may,  by  public  notification,


accordance  with  the  provisions  of  this  Schedule,  he  may,  by  public  notification,

assume to himself all or any of the functions or powers vested in or exercisable by

the District Council or, as the case may be, the Regional Council and declare that

such functions or powers shall be exercisable by such person or authority as he may

specify in this behalf, for a period not exceeding six months:

Provided  that  the  Governor  may  by  a  further  order  or  orders  extend  the

operation of the initial order by a period not exceeding six months on each occasion.

(3) Every order made under sub-paragraph (2) of this paragraph with the

reasons therefor shall be laid before the Legislature of the State and shall cease

to  operate  at  the  expiration  of  thirty  days  from  the  date  on  which  the  State

Legislature first sits after the issue of the order, unless, before the expiry of that

period it has been approved by that State Legislature.]

2 17.  Exclusion  of  areas  from  autonomous  districts  in  forming

constituencies  in  such  districts.—For  the  purposes  of  elections  to  3 [the

Legislative Assembly of Assam or Meghalaya]  4[or Tripura] 5[or Mizoram], the

Governor may by order declare that any area within an autonomous district 6[in

the State of Assam or Meghalaya  4[or Tripura]  5[or Mizoram], as the case may

be,]  shall  not  form  part  of  any  constituency  to  fill  a  seat  or  seats  in  the


be,]  shall  not  form  part  of  any  constituency  to  fill  a  seat  or  seats  in  the

Assembly reserved for any such district but shall form part of a constituency to

fill a seat or seats in the Assembly not so reserved to be specified in the order.

7[18.*

*]

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

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

2.  Paragraph  17  has  been  amended  in  its  application  to  the  State  of  Assam  by  the  Sixth

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

following proviso, namely:—

“Provided  that  nothing  in  this  paragraph  shall  apply  to  the  Bodoland  Territorial  Areas

District.”.

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

Eighth Sch., for "the Legislative Assembly of Assam" (w.e.f. 21-1-1972).

4. Ins. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 4 (w.e.f. 1-4-1985).


4. Ins. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 4 (w.e.f. 1-4-1985).

5. Ins. by the State of Mizoram Act, 1986 (34 of 1986), s. 39 (w.e.f. 20-2-1987).

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

Sch., for "the Legislative Assembly of Assam" (w.e.f. 21-1-1972).

7. Paragraph 18 omitted by s. 71(i) and Eighth Sch., ibid. (w.e.f. 21-1-1972).

333

1 19.  Transitional  provisions.—(1)  As  soon  as  possible  after  the

commencement  of  this  Constitution  the  Governor  shall  take  steps  for  the

constitution  of  a  District  Council  for  each  autonomous  district  in  the  State

under  this  Schedule  and,  until  a  District  Council  is  so  constituted  for  an

autonomous  district,  the  administration  of  such  district  shall  be  vested  in  the

Governor and the following provisions shall apply to the administration of the

areas within such district instead of the foregoing provisions of this Schedule,

namely:—

(a)  no  Act  of  Parliament  or  of  the  Legislature  of  the  State  shall

apply  to  any  such  area  unless  the  Governor  by  public  notification  so

directs; and the Governor in giving such a direction with respect to any


apply  to  any  such  area  unless  the  Governor  by  public  notification  so

directs; and the Governor in giving such a direction with respect to any

Act may direct that the Act shall, in its application to the area or to any

specified  part  thereof,  have  effect  subject  to  such  exceptions  or

modifications as he thinks fit;

(b)  the  Governor  may  make  regulations  for  the  peace  and  good

government of any such area and any regulations so made may repeal or

amend  any  Act  of  Parliament  or  of  the  Legislature  of  the  State  or  any

existing law which is for the time being applicable to such area.

(2)  Any  direction  given  by  the  Governor  under  clause  (a)  of  sub-

paragraph (1) of this paragraph may be given so as to have retrospective effect.

1.  Paragraph 19 has been amended in its application to the State of Assam by the Sixth

Sch. 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 (3), namely :—

‘(4)  As  soon  as  possible  after  the  commencement  of  this  Act  and  Interim

Executive Council  for  Bodoland Territorial  Areas District in  Assam  shall  be  formed

by  the  Governor  from  amongst  leaders  of  the  Bodo  movement,  including  the

signatories  to  the  Memorandum  of  Settlement,  and  shall  provide  adequate


signatories  to  the  Memorandum  of  Settlement,  and  shall  provide  adequate

representation to the non-tribal communities in that area:

Provided that Interim Council shall be for a period of six months during which

endeavour to hold the election to the Council shall be made.

Explanation.—For  the  purposes  of  this  sub-paragraph,  the  expression

“Memorandum  of  Settlement”  means  the  Memorandum  signed  on  the  10th  day  of

February,  2003  between  Government  of  India,  Government  of  Assam  and  Bodo

Liberation Tigers.’.

334

(3)  All  regulations  made  under  clause  (b)  of  sub-paragraph  (1)  of  this

paragraph  shall be submitted forthwith to the President and, until assented to

by him, shall have no effect.

1[20. Tribal areas.—(1) The areas specified in Parts I, II  2[, IIA] and III

of  the  table  below  shall  respectively  be  the  tribal  areas  within  the  State  of

Assam,  the  State  of  Meghalaya  2[,  the  State  of  Tripura]  and  the 3[State]  of

Mizoram.

(2) 4[Any reference in Part I, Part II or Part III of the table below] to any

district shall be construed as a reference to the territories comprised within the

autonomous district of that name existing immediately before the day appointed

under clause (b) of section 2 of the North-Eastern Areas (Reorganisation)  Act,

1971:


autonomous district of that name existing immediately before the day appointed

under clause (b) of section 2 of the North-Eastern Areas (Reorganisation)  Act,

1971:

Provided that for the purposes of clauses (e) and (f) of sub-paragraph (1)

of  paragraph  3,  paragraph  4,  paragraph  5,  paragraph  6,  sub-paragraph  (2),

clauses (a), (b) and (d) of sub-paragraph (3) and sub-paragraph (4) of paragraph

8 and clause (d) of sub-paragraph (2) of paragraph 10 of this Schedule, no part

of the area comprised within the municipality of Shillong shall be deemed to be

within the 5[Khasi Hills District].

2[(3) The reference in Part IIA in the table below to the "Tripura Tribal

Areas District" shall be construed as a reference to the territory comprising the

tribal  areas  specified  in  the  First  Schedule  to  the  Tripura  Tribal  Areas

Autonomous District Council Act, 1979.]

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

Eighth Sch., for paragraphs 20 and 20A (w.e.f. 21-1-1972) and paragraph 20A further

substituted  by  the  Government  of  Union  Territory  (Amendment)  Act,  1971  (83  of

1971) s. 13 (w.e.f. 29-4-1972).


1971) s. 13 (w.e.f. 29-4-1972).

2. Ins. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 4 (w.e.f. 1-4-1985).

3.  Subs.  by  the  State  of  Mizoram  Act,  1986  (34  of  1986),  s.  39,  for  "Union  territory"

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

4. Subs. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 4, for "any reference

in the table below" (w.e.f. 1-4-1985).

5.  Subs.  by  the  Government  of  Meghalaya  Notification  No.  DCA  31/72/11,  dated  the

14th June, 1973, Gazette of Meghalaya, Pt. VA, dated 23-6-1973, p. 200.

335

TABLE

PART  I

1. The North Cachar Hills District.

2.  1[The Karbi Anglong District.]

2[3.  The Bodoland Territorial Areas District.]

PART II

3[1.  Khasi Hills District.

2.  Jaintia Hills District.]

3.  The Garo Hills District.

4[PART IIA]

Tripura Tribal Areas District]

Part III

5*

*

6[1. The Chakma District.

7[2. The Mara District.

3.  The Lai District.]]

8[20A. Dissolution of the Mizo District Council.—(1) Notwithstanding


7[2. The Mara District.

3.  The Lai District.]]

8[20A. Dissolution of the Mizo District Council.—(1) Notwithstanding

anything  in  this  Schedule,  the  District  Council  of  the  Mizo  District  existing

immediately  before  the  prescribed  date  (hereinafter  referred  to  as  the  Mizo

District Council) shall stand dissolved and cease to exist.

1. Subs. by  the Government of  Assam Notification No. TAD/R/115/74/47, dated     14 -

10-1976 for "The Mikir Hills District".

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

2 (w.e.f. 7-9-2003).

3.  Subs.  by  the  Government  of  Meghalaya  Notification  No.  DCA  31/72/11,  dated  the

14th June, 1973, Gazette of Meghalaya, Pt. VA, dated 23-6-1973, p. 200.

4. Ins. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 4 (w.e.f. 1-4-1985).

5.  The  words  "The  Mizo  District."  omitted  by  the  Government  of  Union  Territories

(Amendment) Act, 1971 (83 of 1971), s. 13 (w.e.f. 29-4-1972).


(Amendment) Act, 1971 (83 of 1971), s. 13 (w.e.f. 29-4-1972).

6 .  Ins.  by  the  Mizoram  District  Councils  (Miscellaneous  Provisions)  Order,  1972,

published in the Mizoram Gazette, 1972, dated the 5th May, 1972, Vol. I, Pt. II, p.17

(w.e.f. 29-4-1972).

7. Subs. by the Sixth Schedule to the Constitution (Amendment) Act, 1988              (67 of

1988), s. 2, for serial numbers 2 and 3 and the entries relating thereto   (w.e.f. 16-12-

1988).

8. Subs. by the Government of Union Territories (Amendment) Act, 1971 (83 of 1971), s.

13, for paragraph 20A by paragraphs 20, 20B and 20C (w.e.f. 29-4-1972).

336

(2) The Administrator of the Union territory of Mizoram may, by one or

more orders, provide for all or any of the following matters, namely:—

(a)  the  transfer,  in  whole  or  in  part,  of  the  assets,  rights  and

liabilities of the Mizo District Council (including the rights and liabilities

under any contract made by it) to the Union or to any other authority;

(b)  the  substitution  of  the  Union  or  any  other  authority  for  the

Mizo  District  Council,  or  the  addition  of  the  Union  or  any  other


Mizo  District  Council,  or  the  addition  of  the  Union  or  any  other

authority, as a party to any legal proceedings to which the Mizo District

Council is a party;

(c)  the transfer  or re-employment  of  any  employees  of  the Mizo

District Council to or by the Union or any other authority, the terms and

conditions of service applicable to such employees after such transfer or

re-employment;

(d)  the  continuance  of  any  laws,  made  by  the  Mizo  District

Council and in force immediately before its dissolution, subject to such

adaptations and modifications, whether by way of repeal or amendment,

as the Administrator may make in this behalf, until such laws are altered,

repealed  or  amended  by  a  competent  Legislature  or  other  competent

authority;

(e)  such  incidental,  consequential  and  supplementary  matters  as

the Administrator considers necessary.

Explanation.—In this paragraph and in paragraph 20B of this Schedule,

the  expression  "prescribed  date"  means  the  date  on  which  the  Legislative

Assembly  of  the  Union territory  of  Mizoram  is duly  constituted  under  and in

accordance  with  the  provisions  of  the  Government  of  Union  Territories  Act,

1963.]

20B.  Autonomous  regions  in  the  Union  territory  of  Mizoram  to  be

autonomous  districts  and  transitory  provisions  consequent  thereto.—(1)

Notwithstanding anything in this Schedule,—

(a)  every  autonomous  region  existing  immediately  before  the


Notwithstanding anything in this Schedule,—

(a)  every  autonomous  region  existing  immediately  before  the

prescribed date in the Union territory of Mizoram shall, on and from that

date, be an autonomous district in that Union territory (hereafter referred

to as the corresponding new district) and the Administrator thereof may,

by one or more orders, direct that such consequential amendments as are

necessary to give effect to the provisions of this clause shall be made in

paragraph 20 of this Schedule (including Part III of the table appended to

that  paragraph)  and  thereupon  the  said  paragraph  and  the  said  Part  III

shall be deemed to have been amended accordingly;

337

(b) every Regional Council of an autonomous region in the Union

territory  of  Mizoram  existing  immediately  before  the  prescribed  date

(hereafter  referred  to  as  the  existing  Regional  Council)  shall,  on  and

from  that  date  and  until  a  District  Council  is  duly  constituted  for  the

corresponding new district, be deemed to be the District Council of that

district (hereafter referred to as the corresponding new District Council).

(2)  Every  member  whether  elected  or  nominated  of  an  existing  Regional

Council shall be deemed to have been elected or, as the case may be, nominated to

the corresponding new District Council and shall hold office until a District Council

is duly constituted for the corresponding new district under this Schedule.

(3) Until rules are made under sub-paragraph (7) of paragraph 2 and sub-

paragraph  (4)  of  paragraph  4  of  this  Schedule  by  the  corresponding  new


paragraph  (4)  of  paragraph  4  of  this  Schedule  by  the  corresponding  new

District  Council,  the  rules  made  under  the  said  provisions  by  the  existing

Regional  Council  and  in  force  immediately  before  the  prescribed  date  shall

have effect in relation to the corresponding new District Council subject to such

adaptations and modifications as may be made therein by the Administrator of

the Union territory of Mizoram.

(4) The Administrator of the Union territory of  Mizoram   may, by  one

or more orders, provide for all or any of the following matters, namely:—

(a) the transfer in whole or in part of the assets, rights and liabilities of

the existing Regional Council (including the rights and liabilities under any

contract made by it) to the corresponding new District Council;

(b) the substitution of the corresponding new District Council for

the  existing  Regional  Council  as  a  party  to  the  legal  proceedings  to

which the existing Regional Council is a party;

(c) the transfer or re-employment of any employees of the existing

Regional  Council to  or  by  the  corresponding  new  District  Council, the

terms and conditions of service applicable to such employees after such

transfer or re-employment;

338

(d)  the  continuance  of  any  laws  made  by  the  existing  Regional

Council and in force immediately before the prescribed date, subject to

such  adaptations  and  modifications,  whether  by  way  of  repeal  or

amendment,  as  the  Administrator  may  make  in  this  behalf  until  such

laws  are  altered,  repealed  or  amended  by  a  competent  Legislature  or


laws  are  altered,  repealed  or  amended  by  a  competent  Legislature  or

other competent authority;

(e)  such  incidental,  consequential  and  supplementary  matters  as

the Administrator considers necessary.

1[20BA.  Exercise  of  discretionary  powers  by  the  Governor  in  the

discharge  of  his  functions.—The  Governor in the  discharge  of  his  functions

under sub-paragraphs (2) and (3) of paragraph 1, sub-paragraphs (1), (6), sub-

paragraph (6A) excluding the first proviso and sub-paragraph (7) of paragraph

2,  sub-paragraph  (3)  of  paragraph  3,  sub-paragraph  (4)  of  paragraph  4,

paragraph 5, sub-paragraph (1) of paragraph 6, sub-paragraph (2) of paragraph

7,  sub-paragraph  (4)  of  paragraph  8,  sub-paragraph  (3)  of  paragraph  9,  sub-

paragraph  (3)  of  paragraph  10,  sub-paragraph  (1)  of  paragraph  14,  sub-

paragraph (1) of paragraph 15 and sub-paragraphs (1) and (2) of paragraph 16

of this Schedule, shall, after consulting the Council of Ministers and the North

Cachar Hills Autonomous Council or the Karbi Anglong Autonomous Council,

as  the  case  may  be,  take  such  action  as  he  considers  necessary  in  his

discretion.]

2[20BB.  Exercise  of  discretionary  powers  by  the  Governor  in  the


discretion.]

2[20BB.  Exercise  of  discretionary  powers  by  the  Governor  in  the

discharge  of his  functions.—The Governor, in the discharge of his functions

under sub-paragraphs (2) and (3) of paragraph 1, sub-paragraphs (1) and (7) of

paragraph 2, sub-paragraph (3) of paragraph 3, sub-paragraph (4) of paragraph

4,  paragraph  5,  sub-paragraph  (1)  of  paragraph  6,  sub-paragraph  (2)  of

paragraph 7, sub-paragraph (3) of  paragraph 9, sub-paragraph (1) of paragraph

14,  sub-paragraph  (1)  of  paragraph  15  and  sub-paragraphs  (1)    and  (2)  of

paragraph 16 of this Schedule, shall, after consulting the Council of Ministers,

and  if  he  thinks  it  necessary,  the  District  Council  or  the  Regional  Council

concerned, take such action as he considers necessary in his discretion.]

1.  Paragraph  20BA  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 (w.e.f. 12-9-1995).

2.   Paragraph 20BB has been inserted in its application to the States of Tripura and Mizoram,

by  the  Sixth  Schedule  to  the  Constitution  (Amendment)  Act,  1988  (67  of  1988),  s.  2


(w.e.f. 16-12-1988).

339

20C. Interpretation.—Subject to any provision made in this behalf, the

provisions of this Schedule shall, in their application to the Union territory of

Mizoram, have effect—

(1) as if references to the Governor and Government of the State

were  references  to  the  Administrator  of  the  Union  territory  appointed

under  article  239,  references  to  State  (except  in  the  expression

"Government  of  the  State")  were  references  to  the  Union  territory  of

Mizoram and  references to  the  State  Legislature  were  references  to  the

Legislative Assembly of the Union territory of Mizoram;

(2) as if—

(a)  in  sub-paragraph  (5)  of  paragraph  4,  the  provision  for

consultation with the Government of the State concerned had been

omitted;

(b)  in sub-paragraph (2)  of  paragraph  6,  for the  words  "to

which the executive power of the State extends", the words "with

respect  to  which the  Legislative  Assembly  of  the  Union territory

of Mizoram has power to make laws" had been substituted;

(c)  in  paragraph  13,  the  words  and  figures  "under  article

202" had been omitted.

21.  Amendment  of  the  Schedule.—(1)  Parliament  may  from  time  to

time by law amend by way of addition, variation or repeal any of the provisions

of  this  Schedule  and,  when the  Schedule is so  amended,  any  reference to this


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.

340

SEVENTH SCHEDULE

(Article 246)

List I—Union List

1.  Defence  of  India  and  every  part  thereof  including  preparation  for

defence and all such acts as may be conducive in times of war to its prosecution

and after its termination to effective demobilisation.

2. Naval, military and air forces; any other armed forces of the Union.

1[2A.  Deployment  of  any  armed  force  of  the  Union  or  any  other  force

subject to the control of the Union or any contingent or unit thereof in any State

in aid  of  the  civil power;  powers,  jurisdiction, privileges  and  liabilities  of  the

members of such forces while on such deployment.]

3. Delimitation of cantonment areas, local self-government in such areas,

the constitution and powers within such areas of cantonment authorities and the

regulation  of  house  accommodation  (including  the  control  of  rents)  in  such

areas.

4. Naval, military and air force works.

5. Arms, firearms, ammunition and explosives.

6. Atomic energy and mineral resources necessary for its production.

7.  Industries  declared  by  Parliament  by  law  to  be  necessary  for  the

purpose of defence or for the prosecution of war.


7.  Industries  declared  by  Parliament  by  law  to  be  necessary  for  the

purpose of defence or for the prosecution of war.

8. Central Bureau of Intelligence and Investigation.

9.  Preventive  detention  for  reasons  connected  with  Defence,  Foreign

Affairs, or the security of India; persons subjected to such detention.

10.  Foreign  affairs;  all  matters  which  bring  the  Union  into  relation  with

any foreign country.

11. Diplomatic, consular and trade representation.

12. United Nations Organisation.

13.  Participation  in  international  conferences,  associations  and  other

bodies and implementing of decisions made thereat.

14.  Entering  into  treaties  and  agreements  with  foreign  countries  and

implementing of treaties, agreements and conventions with foreign countries.

1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 57 (w.e.f. 3-1-1977).

341

15. War and peace.

16. Foreign jurisdiction.

17. Citizenship, naturalisation and aliens.

18. Extradition.

19.  Admission  into, and  emigration  and  expulsion  from,  India;  passports

and visas.

20. Pilgrimages to places outside India.

21. Piracies and crimes committed on the high seas or in the air; offences

against the law of nations committed on land or the high seas or in the air.

22. Railways.

23. Highways declared by or under law made by Parliament to be national

highways.

24. Shipping and navigation on inland waterways, declared by Parliament

by law to be national waterways, as regards mechanically propelled vessels; the


highways.

24. Shipping and navigation on inland waterways, declared by Parliament

by law to be national waterways, as regards mechanically propelled vessels; the

rule of the road on such waterways.

25. Maritime  shipping and  navigation, including  shipping  and navigation

on  tidal  waters;  provision  of  education and  training  for  the  mercantile  marine

and  regulation  of  such  education  and  training  provided  by  States  and  other

agencies.

26. Lighthouses, including lightships, beacons and other provision for the

safety of shipping and aircraft.

27. Ports declared by or under law made by Parliament or existing law to

be major ports, including their delimitation, and the constitution and powers of

port authorities therein.

28. Port quarantine, including hospitals connected therewith; seamen's and

marine hospitals.

29.  Airways;  aircraft  and  air  navigation;  provision  of  aerodromes;

regulation  and  organisation  of  air  traffic  and  of  aerodromes;  provision  for

aeronautical  education  and  training  and  regulation  of  such  education  and

training provided by States and other agencies.

30. Carriage of passengers and goods by railway, sea or air, or by national

waterways in mechanically propelled vessels.

342

31. Posts and telegraphs; telephones, wireless, broadcasting and other like

forms of communication.

32.  Property  of  the  Union  and  the  revenue  therefrom,  but  as  regards

property  situated in a  State 1***  subject  to  legislation by  the  State,  save in so

far as Parliament by law otherwise provides.

*]


property  situated in a  State 1***  subject  to  legislation by  the  State,  save in so

far as Parliament by law otherwise provides.

*]

2[33*

34. Courts of wards for the estates of Rulers of Indian States.

35. Public debt of the Union.

36. Currency, coinage and legal tender;  foreign exchange.

37. Foreign loans.

38. Reserve Bank of India.

39. Post Office Savings Bank.

40. Lotteries organised by the Government of India or the Government of

a State.

41. Trade and commerce with foreign countries; import and export across

customs frontiers; definition of customs frontiers.

42. Inter-State trade and commerce.

43.  Incorporation,  regulation  and  winding  up  of  trading  corporations,

including  banking,  insurance  and  financial  corporations,  but  not  including

co-operative societies.

44.  Incorporation,  regulation  and  winding  up  of  corporations,  whether

trading  or  not,  with  objects  not  confined  to  one  State,  but  not  including

universities.

45. Banking.

46.  Bills  of  exchange,  cheques,  promissory  notes  and  other  like

instruments.

47. Insurance.

48. Stock exchanges and futures markets.

49. Patents, inventions and designs; copyright; trade-marks and merchandise

marks.

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

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


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

2.  Entry 33 omitted by s. 26, ibid. (w.e.f. 1-11-1956).

343

50. Establishment of standards of weight and measure.

51. Establishment of standards of quality for goods to be exported out of

India or transported from one State to another.

52. Industries, the control of which by the Union is declared by Parliament

by law to be expedient in the public interest.

53.  Regulation  and  development  of  oilfields  and  mineral  oil  resources;

petroleum  and  petroleum  products;  other  liquids  and  substances  declared  by

Parliament by law to be dangerously inflammable.

54.  Regulation  of  mines  and  mineral  development  to the  extent to  which

such regulation and development under the control of the Union is declared by

Parliament by law to be expedient in the public interest.

55. Regulation of labour and safety in mines and oilfields.

56.  Regulation  and  development  of  inter-State  rivers and  river  valleys  to

the  extent to  which  such  regulation  and development under  the  control  of  the

Union is declared by Parliament by law to be expedient in the public interest.

57. Fishing and fisheries beyond territorial waters.

58.  Manufacture,  supply  and  distribution  of  salt  by  Union  agencies;

regulation and control of manufacture, supply and distribution of salt by other

agencies.

59. Cultivation, manufacture, and sale for export, of opium.

60. Sanctioning of cinematograph films for exhibition.


agencies.

59. Cultivation, manufacture, and sale for export, of opium.

60. Sanctioning of cinematograph films for exhibition.

61. Industrial disputes concerning Union employees.

62.  The institutions  known  at  the  commencement  of  this  Constitution  as

the  National  Library,  the  Indian  Museum,  the  Imperial  War  Museum,  the

Victoria Memorial and the Indian War Memorial, and any other like institution

financed  by  the  Government  of  India  wholly  or  in    part  and  declared  by

Parliament by law to be an institution of national importance.

63.  The institutions  known  at  the  commencement  of  this  Constitution  as the

Benares  Hindu  University,  the  Aligarh  Muslim  University  and  the  1 [Delhi

University;  the  University  established  in  pursuance  of  article  371E;]  any  other

institution declared by Parliament by law to be an institution of national importance.

1.  Subs.  by  the  Constitution  (Thirty-second  Amendment)  Act,  1973,  s.  4,  for  "Delhi

University and" (w.e.f. 1-7-1974).

344

64.  Institutions  for  scientific  or  technical  education  financed  by  the

Government of India wholly or in part and declared by Parliament by law to be

institutions of national importance.

65. Union agencies and institutions for—

(a)  professional,  vocational  or  technical  training,  including  the

training of police officers; or

(b) the promotion of special studies or research; or


(a)  professional,  vocational  or  technical  training,  including  the

training of police officers; or

(b) the promotion of special studies or research; or

(c) scientific or technical assistance in the investigation or detection

of crime.

66. Co-ordination and determination of standards in institutions for higher

education or research and scientific and technical institutions.

67.  Ancient  and  historical  monuments  and  records,  and  archaeological

sites  and  remains, 1[declared  by  or  under  law  made  by  Parliament]  to  be  of

national importance.

68.  The  Survey  of  India,  the  Geological,  Botanical,  Zoological  and

Anthropological Surveys of India; Meteorological organisations.

69.  Census.

70.  Union  Public  Service;  All-India  Services;  Union  Public  Service

Commission.

71. Union pensions, that is to say, pensions payable by the Government of

India or out of the Consolidated Fund of India.

72. Elections to Parliament, to the Legislatures of States and to the offices

of President and Vice-President; the Election Commission.

73. Salaries and allowances of members of Parliament, the Chairman and

Deputy Chairman of the Council of States and the Speaker and Deputy Speaker

of the House of the People.

74. Powers, privileges and immunities of each House of Parliament and of

the members and the Committees of each House; enforcement of attendance of

persons  for  giving  evidence  or  producing  documents  before  committees  of

Parliament or commissions appointed by Parliament.

75.  Emoluments, allowances, privileges,  and rights  in  respect  of  leave  of


Parliament or commissions appointed by Parliament.

75.  Emoluments, allowances, privileges,  and rights  in  respect  of  leave  of

absence,  of  the  President  and  Governors;  salaries  and  allowances  of  the

Ministers for the Union; the salaries, allowances, and rights in respect of leave

of  absence  and  other  conditions  of  service  of  the  Comptroller  and  Auditor-

General of India.

1.  Subs.  by  the  Constitution  (Seventh  Amendment)  Act,  1956,  s.  27,  for  "declared  by

Parliament by law" (w.e.f. 1-11-1956).

345

76. Audit of the accounts of the Union and of the States.

77.  Constitution,  organisation,  jurisdiction  and  powers  of  the  Supreme

Court  (including  contempt  of  such  Court),  and  the  fees taken therein;  persons

entitled to practise before the Supreme Court.

78.  Constitution  and  organisation  1 [(including  vacations)]  of  the  High

Courts  except  provisions  as  to  officers  and  servants  of  High  Courts;  persons

entitled to practise before the High Courts.

2[79. Extension of the jurisdiction of a High Court to, and exclusion of the

jurisdiction of a High Court from, any Union territory.]

80. Extension of the powers and jurisdiction of members of a police force

belonging to any State to any area outside that State, but not so as to enable the

police of one State to exercise powers and jurisdiction in any area outside that


belonging to any State to any area outside that State, but not so as to enable the

police of one State to exercise powers and jurisdiction in any area outside that

State without the consent of the Government of the State in which such area is

situated; extension of the powers and jurisdiction of members of a police force

belonging to any State to railway areas outside that State.

81. Inter-State migration; inter-State quarantine.

82. Taxes on income other than agricultural income.

83. Duties of customs including export duties.

3[84. Duties of excise on the following goods manufactured or produced in

India, namely:—

(a) petroleum crude;

(b) high speed diesel;

(c) motor spirit (commonly known as petrol);

(d) natural gas;

(e) aviation turbine fuel; and

(f) tobacco and tobacco products.]

85. Corporation tax.

1.  Ins.  by  the  Constitution  (Fifteenth  Amendment)  Act,  1963,  s.  12  (with  retrospective

effect).

2. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. for entry 79

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

3. Subs. by the Constitution (One Hundred and First Amendment) Act, 2016, s. 17(a)(i)

for entry 84 (w.e.f. 16-9-2016).

346

86. Taxes on the capital value of the assets, exclusive of agricultural land,

of individuals and companies; taxes on the capital of companies.

87. Estate duty in respect of property other than agricultural land.

88. Duties in respect of succession to property other than agricultural land.


87. Estate duty in respect of property other than agricultural land.

88. Duties in respect of succession to property other than agricultural land.

89. Terminal taxes on goods or passengers, carried by railway, sea or air;

taxes on railway fares and freights.

90. Taxes other than stamp duties on transactions in stock exchanges and

futures markets.

91.  Rates  of  stamp  duty  in  respect  of  bills  of  exchange,  cheques,

promissory notes, bills of lading, letters of credit, policies of insurance, transfer

of shares, debentures, proxies and receipts.

1[92. *                  *                  *                  *                  *                  *]

2[92A.  Taxes  on  the  sale  or  purchase  of  goods  other  than  newspapers,

where  such  sale  or  purchase  takes  place  in  the  course  of  inter-State  trade  or

commerce.]

3[92B. Taxes on the consignments of goods (whether the consignment is to

the  person  making  it  or  to  any  other  person),  where  such  consignment  takes

place in the course of inter-State trade or  commerce.]

4[92C. *                  *                  *                  *                  *                  *]

93. Offences against laws with respect to any of the matters in this List.

94. Inquires, surveys and statistics for the purpose of any of the matters in

this List.

95. Jurisdiction and powers of all courts, except the Supreme Court, with

respect to any of the matters in this List; admiralty jurisdiction.

96. Fees in respect of any of the matters in this List, but not including fees

taken in any court.


respect to any of the matters in this List; admiralty jurisdiction.

96. Fees in respect of any of the matters in this List, but not including fees

taken in any court.

97. Any other matter not enumerated in List II or List III including any tax

not mentioned in either of those Lists.

1. Entry 92 omitted by the Constitution (One Hundred and First Amendment) Act, 2016,

s. 17(a)(ii) (w.e.f. 16-9-2016).

2. Ins. by the Constitution (Sixth Amendment) Act, 1956, s. 2 (w.e.f. 11-9-1956).

3. Ins.by the Constitution (Forty-sixth Amendment) Act, 1982, s. 5 (w.e.f. 2-2-1983).

4.  Entry  92C  was  ins.  by  the  Constitution  (Eighty-eighth  Amendment)  Act,  2003,  s.  4

(which  was  not  enforced)  and  omitted  by  the  Constitution  (One  Hundred  and  First

Amendment) Act, 2016, s. 17(a)(ii) (w.e.f. 16-9-2016).

347

List II—State List

1.  Public  order  (but  not  including 1[the  use  of  any  naval,  military  or  air

force or any other armed force of the Union or of any other force subject to the

control  of  the  Union  or  of  any  contingent  or  unit  thereof]  in  aid  of  the  civil

power).

2[2. Police (including railway and village police) subject to the provisions


power).

2[2. Police (including railway and village police) subject to the provisions

of entry 2A of List I.]

3. 3***  Officers  and  servants  of  the  High  Court;  procedure  in  rent  and

revenue courts; fees taken in all courts except the Supreme Court.

4.  Prisons,  reformatories,  Borstal  institutions  and  other  institutions  of  a

like nature, and persons detained therein; arrangements with other States for the

use of prisons and other institutions.

5.  Local  government,  that  is  to  say,  the  constitution  and  powers  of

municipal corporations, improvement trusts, districts boards, mining settlement

authorities and other local authorities for the purpose of local self-government

or village administration.

6. Public health and sanitation; hospitals and dispensaries.

7. Pilgrimages, other than pilgrimages to places outside India.

8.  Intoxicating  liquors,  that  is  to  say,  the  production,  manufacture,

possession, transport, purchase and sale of intoxicating liquors.

9. Relief of the disabled and unemployable.

10. Burials and burial grounds; cremations and cremation grounds.

4[11*

*

12.  Libraries,  museums  and  other  similar  institutions  controlled  or

financed by the State; ancient and historical monuments and records other than

those  5 [declared  by  or  under  law  made  by  Parliament]  to  be  of  national

importance.

]


those  5 [declared  by  or  under  law  made  by  Parliament]  to  be  of  national

importance.

]

1.  Subs.  by  the  Constitution  (Forty-second  Amendment)  Act,  1976,  s.  57,  for  certain  words

(w.e.f. 3-1-1977).

2. Subs. by s. 57, for entry 2, ibid. (w.e.f. 3-1-1977).

3. Certain words omitted by s. 57, ibid. (w.e.f. 3-1-1977).

4. Entry 11 omitted  by s. 57, ibid. (w.e.f. 3-1-1977).

5 .    Subs.  by  the  Constitution  (Seventh  Amendment)  Act,  1956,  s.  27,  for  "declared  by

Parliament by law" (w.e.f. 1-11-1956).

348

13.  Communications,  that  is  to  say,  roads,  bridges,  ferries,  and  other

means  of  communication  not  specified  in  List  I;  municipal  tramways;

ropeways; inland waterways and traffic thereon subject to the provisions of List

I and List III with regard to such waterways; vehicles other than mechanically

propelled vehicles.

14.  Agriculture,  including  agricultural  education  and research,  protection

against pests and prevention of plant diseases.

15.  Preservation,  protection  and improvement  of  stock  and  prevention  of

animal diseases; veterinary training and practice.


against pests and prevention of plant diseases.

15.  Preservation,  protection  and improvement  of  stock  and  prevention  of

animal diseases; veterinary training and practice.

16. Pounds and the prevention of cattle trespass.

17.  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.

18. Land, that is to say, rights in or over land, land tenures including the

relation  of  landlord  and  tenant,  and  the  collection  of  rents;  transfer  and

alienation  of  agricultural  land;  land  improvement  and  agricultural  loans;

colonization.

1[19*

20*

21. Fisheries.

22.  Courts  of  wards  subject  to  the  provisions  of  entry  34  of  List  I;

*                          *                        *

*                          *                        *]

encumbered and attached estates.

23.  Regulation  of  mines  and  mineral  development  subject  to  the

provisions  of  List  I  with  respect  to  regulation  and  development  under  the

control of the Union.

24. Industries subject to the provisions of 2[entries 7 and 52] of List I.

25. Gas and gas-works.

26. Trade and commerce within the State subject to the provisions of entry

33 of List III.

1. Entries 19 and 20 omitted  by the Constitution (Forty-second Amendment) Act, 1976,

s. 57 (w.e.f. 3-1-1977).


s. 57 (w.e.f. 3-1-1977).

2 .  Subs.  by  the  Constitution  (Seventh  Amendment)  Act,  1956,  s.  28  for  entry  52

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

349

27. Production, supply and distribution of goods subject to the provisions

of entry 33 of List III.

28. Markets and fairs.

1[29*                    *                       *                        *                       *]

30. Money-lending and money-lenders; relief of agricultural indebtedness.

31. Inns and inn-keepers.

32.  Incorporation,  regulation  and  winding  up  of  corporations,  other  than

those  specified  in  List  I,  and  universities;  unincorporated  trading,  literary,

scientific, religious and other societies and associations; co-operative societies.

33. Theatres and dramatic performances; cinemas subject to the provisions

of entry 60 of List I; sports, entertainments and amusements.

34. Betting and gambling.

35. Works,  lands and buildings vested in or in the possession of the State.

2[36*                    *                       *                        *                       *]

37.  Elections  to  the  Legislature  of  the  State  subject  to  the  provisions  of

any law made by Parliament.

38. Salaries and allowances of members of the Legislature of the State, of

the Speaker and Deputy Speaker of the Legislative Assembly and, if there is a

Legislative Council, of the Chairman and Deputy Chairman thereof.

39. Powers, privileges and immunities of the Legislative Assembly and of

the members and the committees thereof, and, if there is a Legislative Council,


39. Powers, privileges and immunities of the Legislative Assembly and of

the members and the committees thereof, and, if there is a Legislative Council,

of that Council and of the members and the committees thereof; enforcement of

attendance  of  persons  for  giving  evidence  or  producing  documents  before

committees of the Legislature of the State.

40. Salaries and allowances of Ministers for the State.

41. State public services; State Public Service Commission.

42. State pensions, that is to say, pensions payable by the State or out of

the Consolidated Fund of the State.

43. Public debt of the State.

44. Treasure trove.

1. Entry 29 omitted  by the Constitution (Forty-second Amendment) Act, 1976, s. 57

(w.e.f. 3-1-1977).

2 .  Entry  36  omitted    by  the  Constitution  (Seventh  Amendment)  Act,  1956,  s.  26

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

350

45. Land revenue, including the assessment and collection of revenue, the

maintenance of land records, survey for revenue purposes and records of rights,

and alienation of revenues.

46. Taxes on agricultural income.

47. Duties in respect of succession to agricultural land.

48. Estate duty in respect of agricultural land.

49. Taxes on lands and buildings.

50.  Taxes  on  mineral  rights  subject  to  any  limitations  imposed  by

Parliament by law relating to mineral development.

51. Duties of excise on the following goods manufactured or produced in

the State and countervailing duties at the same or lower rates on similar goods

manufactured or produced elsewhere in India:—


the State and countervailing duties at the same or lower rates on similar goods

manufactured or produced elsewhere in India:—

(a) alcoholic liquors for human consumption;

(b) opium, Indian hemp and other narcotic drugs and narcotics,

but not including medicinal and toilet preparations containing alcohol or any

substance included in sub-paragraph (b) of this entry.

1[52. *                  *                  *                  *                  *                  *]

53. Taxes on the consumption or sale of electricity.

2[54. Taxes on the sale of petroleum crude, high speed diesel, motor spirit

(commonly  known  as  petrol),  natural  gas,  aviation  turbine  fuel  and  alcoholic

liquor  for  human  consumption,  but  not  including  sale  in  the  course  of

inter-State  trade  or  commerce  or  sale  in  the  course  of  international  trade  or

commerce of such goods.]

3[55. *                  *                  *                  *                  *                  *]

56.  Taxes  on  goods  and  passengers  carried  by  road  or  on  inland

waterways.

1. Entry 52 omitted by the Constitution (One Hundred and First Amendment) Act, 2016,

s. 17(b)(i) (w.e.f. 16-9-2016).

2.  Subs.  by the  Constitution (Sixth  Amendment)  Act, 1956, s. 2 (w.e.f. 11 -9-1956) and

further  subs.  by  the  Constitution  (One  Hundred  and  First  Amendment)  Act,  2016,

s. 17(b)(ii) (w.e.f. 16-9-2016).


s. 17(b)(ii) (w.e.f. 16-9-2016).

3 .  Omitted  by  the  Constitution  (One  Hundred  and  First  Amendment)  Act,  2016,  s.

17(b)(iii) (w.e.f. 16-9-2016).

351

57. Taxes on vehicles, whether mechanically propelled or not, suitable for

use on roads, including tramcars subject to the provisions of entry 35 of List III.

58. Taxes on animals and boats.

59. Tolls.

60. Taxes on professions, trades, callings and employments.

61. Capitation taxes.

1[62.  Taxes  on  entertainments  and  amusements  to  the  extent  levied  and

collected by a Panchayat or a Municipality or a Regional Council or a District

Council.]

63. Rates of stamp duty in respect of documents other than those specified

in the provisions of List I with regard to rates of stamp duty.

64. Offences against laws with respect to any of the matters in this List.

65. Jurisdiction and powers of all courts, except the Supreme Court, with

respect to any of the matters in this List.

66. Fees in respect of any of the matters in this List, but not including fees

taken in any court.

List III—Concurrent List

1. Criminal law, including all matters included in the Indian Penal Code

at the commencement of this Constitution but excluding offences against laws

with respect to any of the matters specified in List I or List II and excluding the

use of naval, military or air forces or any other armed forces of the Union in aid

of the civil power.


use of naval, military or air forces or any other armed forces of the Union in aid

of the civil power.

2.  Criminal  procedure,  including  all  matters  included  in  the  Code  of

Criminal Procedure at the commencement of this Constitution.

3. Preventive detention for reasons connected with the security of a State,

the  maintenance  of  public  order,  or  the  maintenance  of  supplies  and  services

essential to the community; persons subjected to such detention.

4. Removal from one State to another State of prisoners, accused persons

and persons subjected to preventive detention for reasons specified in entry 3 of

this List.

1. Subs. by the Constitution (One Hundred and First Amendment) Act, 2016, s. 17(b)

(iv), for entry 62 (w.e.f. 16-9-2016).

352

5.  Marriage  and  divorce;  infants  and  minors;  adoption;  wills,  intestacy

and  succession;  joint  family  and  partition;  all  matters  in  respect  of  which

parties in judicial proceedings were immediately before the commencement of

this Constitution subject to their personal law.

6. Transfer of property other than agricultural land; registration of deeds

and documents.

7.    Contracts,  including  partnership,  agency,  contracts  of  carriage,  and

other  special  forms  of  contracts,  but  not  including  contracts  relating  to

agricultural land.

8.  Actionable wrongs.

9.  Bankruptcy and insolvency.

10. Trust and Trustees.

11.  Administrators-general and official trustees.

1 [11A.  Administration  of  Justice;  constitution  and  organisation  of  all


10. Trust and Trustees.

11.  Administrators-general and official trustees.

1 [11A.  Administration  of  Justice;  constitution  and  organisation  of  all

courts, except the Supreme Court and the High Courts.]

12. Evidence and oaths; recognition of laws, public acts and records, and

judicial proceedings.

13.  Civil  procedure,  including  all  matters  included  in  the  Code  of  Civil

Procedure at the commencement of this Constitution, limitation and arbitration.

14. Contempt of court, but not including contempt of the Supreme Court.

15. Vagrancy; nomadic and migratory tribes.

16.  Lunacy  and  mental  deficiency,  including  places  for  the  reception  or

treatment of lunatics and mental deficients.

17. Prevention of cruelty to animals.

1[17A.  Forests.

17B. Protection of wild animals and birds.]

18. Adulteration of foodstuffs and other goods.

19. Drugs and poisons, subject to the provisions of entry 59 of List I with

respect to opium.

20. Economic and social planning.

1[20A. Population control and family planning.]

1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 57 (w.e.f. 3-1-1977).

353

21. Commercial and industrial monopolies, combines and trusts.

22. Trade unions; industrial and labour disputes.

23. Social security and social insurance; employment and unemployment.

24.  Welfare  of  labour  including  conditions  of  work,  provident  funds,

employers' liability, workmen's compensation, invalidity and old age pensions

and maternity benefits.


employers' liability, workmen's compensation, invalidity and old age pensions

and maternity benefits.

1[25.  Education,  including  technical  education,  medical  education  and

universities,  subject  to  the  provisions  of  entries  63,  64,  65  and  66  of  List  I;

vocational and technical training of labour.]

26. Legal, medical and other professions.

27. Relief and rehabilitation of persons displaced from their original place

of residence by reason of the setting up of the Dominions of India and Pakistan.

28.  Charities     and      charitable   institutions,    charitable     and     religious

endowments and religious institutions.

29. Prevention of the extension from one State to another of infectious or

contagious diseases or pests affecting men, animals or plants.

30. Vital statistics including registration of births and deaths.

31. Ports other than those declared by or under law made by Parliament or

existing law to be major ports.

32. Shipping and navigation on inland waterways as regards mechanically

propelled vessels, and the rule of the road on such waterways, and the carriage

of passengers and goods on inland waterways subject to the provisions of List I

with respect to national waterways.

2[33. Trade and commerce in, and the production, supply and distribution

of,—

(a) the products of any industry where the control of such industry

by  the  Union  is  declared  by  Parliament  by  law  to  be  expedient  in  the

public interest, and imported goods of the same kind as such products;

(b) foodstuffs, including edible oilseeds and oils;

(c) cattle fodder, including oilcakes and other concentrates;


(b) foodstuffs, including edible oilseeds and oils;

(c) cattle fodder, including oilcakes and other concentrates;

(d) raw cotton, whether ginned or unginned, and cotton seed; and

(e) raw jute.]

1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 57 (w.e.f. 3-1-1977).

2 .  Subs.  by  the  Constitution  (Third  Amendment)  Act,  1954,  s.  2  for  entry  33

(w.e.f. 22-2-1955).

354

1[33A. Weights and measures except establishment of standards.]

34.  Price control.

35.  Mechanically  propelled  vehicles  including  the  principles  on  which

taxes on such vehicles are to be levied.

36. Factories

37. Boilers.

38. Electricity.

39. Newspapers, books and printing presses.

40.  Archaeological  sites  and  remains  other  than  those  2[declared  by  or

under law made by Parliament] to be of national importance.

41. Custody, management and disposal of property (including agricultural

land) declared by law to be evacuee property.

3[42. Acquisition and requisitioning of property.]

43.  Recovery  in  a  State  of  claims  in  respect  of  taxes  and  other  public

demands,  including  arrears  of  land-revenue  and  sums  recoverable  as  such

arrears, arising outside that State.

44.  Stamp  duties  other than  duties  or  fees  collected  by  means  of  judicial


arrears, arising outside that State.

44.  Stamp  duties  other than  duties  or  fees  collected  by  means  of  judicial

stamps, but not including rates of stamp duty.

45. Inquiries and statistics for the purposes of any of the matters specified

in List II or List III.

46. Jurisdiction and powers of all courts, except the Supreme Court, with

respect to any of the matters in this List.

47. Fees in respect of any of the matters in this List, but not including fees

taken in any court.

1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 57 (w.e.f. 3-1-1977).

2.  Subs.  by  the  Constitution  (Seventh  Amendment)  Act,  1956,  s.  27,  for  "declared  by

Parliament by law" (w.e.f. 1-11-1956).

3.  Subs. by s. 26, ibid. (w.e.f. 1-11-1956).

355

EIGHTH SCHEDULE

[Articles 344(1) and 351]

Languages

1.   Assamese.

2.   Bengali.

1[3.   Bodo.

4.  Dogri.]

2[5.]   Gujarati.

3[6.]   Hindi.

3[7.]   Kannada.

3[8.]  Kashmiri.

4[3[9.]   Konkani.]

1[10. Maithili.]

5[11.]  Malayalam.

4[6[12.]  Manipuri.]

6[13.]  Marathi.

4[6[14.] Nepali.]


5[11.]  Malayalam.

4[6[12.]  Manipuri.]

6[13.]  Marathi.

4[6[14.] Nepali.]

6[15.] 7[Odia].

6[16.]  Punjabi.

1. Ins. by the Constitution (Ninety-second Amendment) Act, 2003, s. 2 (w.e.f. 7-1-2004).

2. Entry 3 renumbered as entry 5 by s. 2, ibid. (w.e.f. 7-1-2004).

3. Entries 4 to 7 renumbered as entries 6 to 9 by s. 2, ibid. (w.e.f. 7-1-2004).

4. Ins. by the Constitution (Seventy-first Amendment) Act, 1992, s.2 (w.e.f. 31-8-1992).

5. Entry 8 renumbered as entry 11 by the Constitution (Ninety-second Amendment) Act,

2003, s. 2 (w.e.f. 7-1-2004).

6. Entries 9 to 14 renumbered as entries 12 to 17 by s. 2, ibid. (w.e.f. 7-1-2004).

7.  Subs.  by  the  Constitution  (Ninety-sixth  Amendment)  Act,  2011,  s.  2,  for  "Oriya"

(w.e.f. 23-9-2011).

356

6[17.]  Sanskrit.

1[18.  Santhali.]

2[3[19.]  Sindhi.]

4[20.]  Tamil.


356

6[17.]  Sanskrit.

1[18.  Santhali.]

2[3[19.]  Sindhi.]

4[20.]  Tamil.

4[21.]  Telugu.

4[22.]  Urdu.

1. Ins. by the Constitution (Ninety-second Amendment) Act, 2003, s. 2 (w.e.f. 7-1-2004).

2. Added by the Constitution (Twenty-first Amendment) Act, 1967, s. 2 (w.e.f. 10-4-1967).

3.  Entry  15  renumbered  as  entry  19  by  the  Constitution  (Ninety-second  Amendment)

Act, 2003, s. 2 (w.e.f. 7-1-2004).

4. Entries 16 to 18 renumbered as entries 20 to 22 by s. 2,  ibid. (w.e.f. 7-1-2004).

357

1[NINTH SCHEDULE

(Article 31B)

1. The Bihar Land Reforms Act, 1950 (Bihar Act XXX of 1950).

2.  The  Bombay  Tenancy  and  Agricultural  Lands  Act,  1948 (Bombay  Act

LXVII of 1948).

3. The Bombay Maleki Tenure Abolition Act, 1949 (Bombay Act LXI of 1949).

4. The Bombay Taluqdari Tenure Abolition Act, 1949 (Bombay Act LXII

of 1949).

5. The Panch Mahals Mehwassi Tenure Abolition Act, 1949 (Bombay Act

LXIII of 1949).


of 1949).

5. The Panch Mahals Mehwassi Tenure Abolition Act, 1949 (Bombay Act

LXIII of 1949).

6. The Bombay Khoti Abolition Act, 1950 (Bombay Act VI of 1950).

7.  The  Bombay  Paragana  and  Kulkarni  Watan  Abolition  Act,  1950

(Bombay Act LX of 1950).

8.  The Madhya  Pradesh  Abolition  of  Proprietary  Rights  (Estates, Mahals,

Alienated Lands) Act, 1950 (Madhya Pradesh Act I of 1951).

9. The Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948

(Madras Act XXVI of 1948).

10.  The  Madras  Estates  (Abolition  and  Conversion  into  Ryotwari)

Amendment Act, 1950 (Madras Act I of 1950).

11. The Uttar Pradesh  Zamindari Abolition and Land Reforms Act, 1950

(Uttar Pradesh Act I of 1951).

12. The Hyderabad (Abolition of Jagirs) Regulation, 1358F (No. LXIX of

1358, Fasli).

13. The Hyderabad Jagirs (Commutation) Regulation, 1359F (No. XXV of

1359, Fasli).]

2[14.  The  Bihar  Displaced  Persons  Rehabilitation  (Acquisition  of  Land)

Act, 1950 (Bihar Act XXXVIII of 1950).


Act, 1950 (Bihar Act XXXVIII of 1950).

15.  The  United  Provinces  Land  Acquisition  (Rehabilitation  of  Refugees)

Act, 1948 (U.P. Act XXVI of 1948).

16.  The  Resettlement  of  Displaced  Persons  (Land  Acquisition)  Act,  1948

(Act LX of 1948).

17. Sections 52A to 52G of the Insurance Act, 1938 (Act IV of 1938), as inserted

by section 42 of the Insurance (Amendment) Act, 1950 (Act XLVII of 1950).

18. The Railway Companies (Emergency Provisions) Act, 1951 (Act LI of 1951).

1. Added by the Constitution (First Amendment) Act, 1951, s. 14 (w.e.f. 18 -6-1951).

2. Added by the Constitution (Fourth Amendment) Act, 1955, s. 5 (w.e.f. 27 -4-1955).

358

19.  Chapter  III-A  of  the  Industries  (Development  and  Regulation)  Act,

1951  (Act  LXV  of  1951),  as  inserted  by  section  13  of  the  Industries

(Development and Regulation) Amendment Act, 1953 (Act XXVI of 1953).

20.  The  West  Bengal  Land  Development  and  Planning  Act,  1948  (West

Bengal Act XXI of 1948), as amended by West Bengal Act XXIX of 1951.]


Bengal Act XXI of 1948), as amended by West Bengal Act XXIX of 1951.]

1[21.  The  Andhra  Pradesh  Ceiling  on  Agricultural  Holdings  Act,  1961

(Andhra Pradesh Act X of 1961).

22. The Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands

(Validation) Act, 1961 (Andhra Pradesh Act XXI of 1961).

23.  The  Andhra    Pradesh  (Telangana  Area)  Ijara  and  Kowli  Land

Cancellation of Irregular Pattas and Abolition of Concessional Assessment Act,

1961 (Andhra Pradesh Act XXXVI of 1961).

24.  The  Assam  State  Acquisition  of  Lands  belonging  to  Religious  or

Charitable Institution of Public Nature Act, 1959 (Assam Act IX of 1961).

25.  The  Bihar  Land  Reforms  (Amendment)  Act,  1953  (Bihar  Act  XX  of

1954).

26. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of

Surplus  Land)  Act,  1961  (Bihar  Act  XII  of  1962),    except  section  28  of  this

Act.

27.  The  Bombay  Taluqdari  Tenure  Abolition  (Amendment)  Act,  1954

(Bombay Act I of 1955).

28.  The  Bombay  Taluqdari  Tenure  Abolition  (Amendment)  Act,  1957

(Bombay Act XVIII of 1958).


(Bombay Act XVIII of 1958).

29.  The  Bombay  Inams  (Kutch  Area)  Abolition  Act,  1958  (Bombay  Act

XCVIII of 1958).

30.  The  Bombay  Tenancy  and  Agricultural  Lands  (Gujarat  Amendment)

Act, 1960 (Gujarat Act XVI of 1960).

31. The Gujarat Agricultural Lands Ceiling Act, 1960 (Gujarat Act XXVI

of 1961).

32. The Sagbara and Mehwassi Estates (Proprietary Rights Abolition, etc.)

Regulation, 1962 (Gujarat Regulation I of 1962).

1. Added by the Constitution (Seventeenth Amendment) Act, 1964, s. 3 (w.e.f. 20-6-1964).

359

33.  The  Gujarat  Surviving  Alienations  Abolition  Act,  1963  (Gujarat  Act

XXXIII of 1963), except in so far as this Act relates to an alienation referred to

in sub-clause (d) of clause (3) of section 2 thereof.

34. The Maharashtra  Agricultural  Lands  (Ceiling  on  Holdings)  Act,  1961

(Maharashtra Act XXVII of 1961).

35. The Hyderabad Tenancy and Agricultural Lands (Re-enactment, Validation

and Further Amendment) Act, 1961 (Maharashtra Act XLV of 1961).

36. The Hyderabad Tenancy and Agricultural Lands Act, 1950 (Hyderabad

Act XXI of 1950).


36. The Hyderabad Tenancy and Agricultural Lands Act, 1950 (Hyderabad

Act XXI of 1950).

37. The Jenmikaram Payment (Abolition) Act, 1960 (Kerala Act III of 1961).

38. The Kerala Land Tax Act, 1961 (Kerala Act XIII of 1961).

39. The Kerala Land Reforms Act, 1963 (Kerala Act I of 1964).

40. The Madhya Pradesh Land Revenue Code, 1959 (Madhya Pradesh Act

XX of 1959).

41.  The  Madhya  Pradesh  Ceiling  on  Agricultural  Holdings  Act,  1960

(Madhya Pradesh Act XX of 1960).

42.  The  Madras  Cultivating  Tenants  Protection  Act,  1955  (Madras  Act

XXV of 1955).

43.  The  Madras  Cultivating  Tenants  (Payment  of  Fair  Rent)  Act,  1956

(Madras Act XXIV of 1956).

44. The Madras Occupants of Kudiyiruppu (Protection from Eviction) Act,

1961 (Madras Act XXXVIII of 1961).

45.  The    Madras    Public    Trusts    (Regulation    of    Administration    of

Agricultural Lands) Act, 1961 (Madras Act LVII of 1961).

46.  The  Madras  Land  Reforms  (Fixation  of  Ceiling  on  Land)  Act,  1961

(Madras Act LVIII of 1961).

47. The Mysore  Tenancy Act, 1952 (Mysore Act XIII of 1952).


(Madras Act LVIII of 1961).

47. The Mysore  Tenancy Act, 1952 (Mysore Act XIII of 1952).

48. The Coorg Tenants Act, 1957 (Mysore Act XIV of 1957).

49. The Mysore Village Offices Abolition Act, 1961 (Mysore Act XIV of 1961).

50. The Hyderabad Tenancy and Agricultural Lands (Validation) Act, 1961

(Mysore Act XXXVI of 1961).

51. The Mysore Land Reforms Act, 1961 (Mysore Act X of 1962).

360

52. The Orissa Land Reforms Act, 1960 (Orissa Act XVI of 1960).

53.  The  Orissa  Merged  Territories  (Village  Offices  Abolition)  Act,  1963

(Orissa Act X of 1963).

54. The Punjab Security of Land Tenures Act, 1953 (Punjab Act X of 1953).

55. The Rajasthan Tenancy Act, 1955 (Rajasthan Act III of 1955).

56.  The  Rajasthan  Zamindari  and  Biswedari  Abolition  Act,  1959

(Rajasthan Act VIII of 1959).

57. The Kumaun and Uttarakhand Zamindari Abolition and Land Reforms

Act, 1960 (Uttar Pradesh Act XVII of 1960).

58.  The  Uttar Pradesh  Imposition  of  Ceiling  on  Land  Holdings  Act, 1960

(Uttar Pradesh Act I of 1961).


58.  The  Uttar Pradesh  Imposition  of  Ceiling  on  Land  Holdings  Act, 1960

(Uttar Pradesh Act I of 1961).

59.  The  West  Bengal  Estates  Acquisition  Act,  1953  (West  Bengal Act  I  of

1954).

60.  The  West  Bengal  Land  Reforms  Act,  1955  (West  Bengal  Act  X  of

1956).

61. The Delhi Land Reforms Act, 1954 (Delhi Act VIII of 1954).

62. The Delhi Land Holdings (Ceiling) Act, 1960 (Central Act 24 of 1960).

63. The Manipur Land Revenue and Land Reforms Act, 1960 (Central Act

33 of 1960).

64. The Tripura Land Revenue and Land Reforms Act, 1960 (Central Act

43 of 1960).

1[65. The Kerala Land Reforms (Amendment) Act, 1969 (Kerala Act 35 of

1969).

66.  The  Kerala  Land  Reforms (Amendment)  Act,  1971  (Kerala  Act  25  of

1971).]

2 [67.  The  Andhra  Pradesh  Land  Reforms  (Ceiling  on  Agricultural

Holdings) Act, 1973 (Andhra Pradesh Act 1 of 1973).

68. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of

Surplus Land) (Amendment) Act, 1972 (Bihar Act I of 1973).


68. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of

Surplus Land) (Amendment) Act, 1972 (Bihar Act I of 1973).

1. Ins. by the Constitution (Twenty-ninth Amendment) Act, 1972, s. 2 (w.e.f. 9-6-1972).

2. Ins. by the Constitution (Thirty-fourth Amendment) Act, 1974, s. 2 (w.e.f. 7-9-1974).

361

69. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of

Surplus Land) (Amendment) Act, 1973 (Bihar Act IX of 1973).

70.  The  Bihar  Land  Reforms  (Amendment)  Act,  1972  (Bihar  Act  V  of

1972).

71.  The  Gujarat  Agricultural  Lands  Ceiling  (Amendment)  Act,  1972

(Gujarat Act 2 of 1974).

72. The Haryana Ceiling on Land Holdings Act, 1972 (Haryana Act 26 of 1972).

73. The Himachal Pradesh Ceiling on Land Holdings Act, 1972 (Himachal

Pradesh Act 19 of 1973).

74. The Kerala Land Reforms (Amendment) Act, 1972 (Kerala Act 17 of 1972).

75.  The  Madhya  Pradesh  Ceiling  on  Agricultural  Holdings  (Amendment)

Act, 1972 (Madhya Pradesh Act 12 of 1974).

76.  The  Madhya  Pradesh  Ceiling  on  Agricultural  Holdings  (Second


Act, 1972 (Madhya Pradesh Act 12 of 1974).

76.  The  Madhya  Pradesh  Ceiling  on  Agricultural  Holdings  (Second

Amendment) Act, 1972 (Madhya Pradesh Act 13 of 1974).

77. The Mysore Land Reforms (Amendment) Act, 1973 (Karnataka Act 1

of 1974).

78. The Punjab Land Reforms Act, 1972 (Punjab Act 10 of 1973).

79.  The  Rajasthan  Imposition  of  Ceiling  on  Agricultural  Holdings  Act,

1973 (Rajasthan Act 11 of 1973).

80. The Gudalur Janmam Estates (Abolition and Conversion into Ryotwari)

Act, 1969 (Tamil Nadu Act 24 of 1969).

81.  The  West   Bengal  Land  Reforms  (Amendment)  Act,  1972  (West

Bengal Act XII of 1972).

82.  The  West  Bengal  Estates  Acquisition  (Amendment)  Act,  1964  (West

Bengal Act XXII of 1964).

83. The West Bengal Estates Acquisition (Second Amendment) Act, 1973

(West Bengal Act XXXIII of 1973).

84.  The  Bombay  Tenancy  and  Agricultural  Lands  (Gujarat  Amendment)

Act, 1972 (Gujarat Act 5 of 1973).

85.  The  Orissa  Land  Reforms  (Amendment)  Act,  1974  (Orissa  Act  9  of

1974).


85.  The  Orissa  Land  Reforms  (Amendment)  Act,  1974  (Orissa  Act  9  of

1974).

86.  The  Tripura  Land  Revenue  and  Land  Reforms  (Second  Amendment)

Act,1974 (Tripura Act 7 of 1974).]

362

1[287*

88.  The  Industries  (Development  and  Regulation)  Act,  1951  (Central  Act

*

]

65 of 1951).

89. The Requisitioning and Acquisition of  Immovable Property  Act, 1952

(Central Act 30 of 1952).

90.  The  Mines  and  Minerals  (Regulation  and  Development)  Act,  1957

(Central Act 67 of 1957).

91.  The  Monopolies  and  Restrictive  Trade  Practices  Act,  1969  (Central

Act 54 of 1969).

2[92*                    *                      *                        *

93.  The  Coking  Coal  Mines  (Emergency  Provisions)  Act,  1971  (Central

]

Act 64 of 1971).

94. The Coking Coal Mines (Nationalisation) Act, 1972 (Central Act 36 of

1972).

95.  The  General  Insurance  Business  (Nationalisation)  Act,  1972  (Central

Act 57 of 1972).

96. The Indian Copper Corporation (Acquisition of Undertaking) Act, 1972

(Central Act 58 of 1972).


Act 57 of 1972).

96. The Indian Copper Corporation (Acquisition of Undertaking) Act, 1972

(Central Act 58 of 1972).

97.  The  Sick  Textile  Undertakings  (Taking  Over  of  Management)  Act,

1972 (Central Act 72 of 1972).

98. The Coal Mines (Taking Over of Management) Act, 1973 (Central Act

15 of 1973).

99. The Coal Mines (Nationalisation) Act, 1973 (Central Act 26 of 1973).

100.  The  Foreign  Exchange  Regulation  Act,  1973  (Central  Act  46  of

1973).

101.  The    Alcock    Ashdown    Company    Limited    (Acquisition    of

Undertakings) Act, 1973 (Central Act 56 of 1973).

1. Ins. by the Constitution (Thirty-ninth Amendment) Act, 1975, s. 5 (w.e.f. 10-8-1975).

2.  Entries 87 and 92 omitted  by  the Constitution (Forty-fourth  Amendment)  Act, 1978,

s. 44 (w.e.f. 20-6-1979).

  Rep. by the Competition Act, 2002 (12 of 2003) s. 66 (w.e.f. 1-9-2009).

 Rep. by the Foreign Exchange Management Act, 1999 (42 of 1999), s. 49  (w.e.f. 1-6-2000).

363

102. The Coal Mines (Conservation and Development) Act, 1974 (Central


363

102. The Coal Mines (Conservation and Development) Act, 1974 (Central

Act 28 of 1974).

103. The Additional Emoluments (Compulsory Deposit) Act, 1974 (Central

Act 37 of 1974).

104. The Conservation of Foreign Exchange and Prevention of Smuggling

Activities Act, 1974 (Central Act 52 of 1974).

105.  The  Sick  Textile  Undertakings  (Nationalisation)  Act,  1974  (Central

Act 57 of 1974).

106.  The    Maharashtra    Agricultural    Lands    (Ceiling    on    Holdings)

(Amendment) Act, 1964 (Maharashtra Act XVI of 1965).

107.  The  Maharashtra  Agricultural  Lands  (Ceiling  on  Holdings)

(Amendment) Act, 1965 (Maharashtra Act XXXII of 1965).

108.  The  Maharashtra  Agricultural  Lands  (Ceiling  on  Holdings)

(Amendment) Act, 1968 (Maharashtra Act XVI of 1968).

109.  The  Maharashtra  Agricultural  Lands  (Ceiling  on  Holdings)  (Second

Amendment) Act, 1968 (Maharashtra Act XXXIII of 1968).

110.  The  Maharashtra  Agricultural  Lands  (Ceiling  on  Holdings)

(Amendment) Act, 1969 (Maharashtra Act XXXVII of 1969).

111.  The  Maharashtra  Agricultural  Lands  (Ceiling  on  Holdings)  (Second

Amendment) Act, 1969 (Maharashtra Act XXXVIII of 1969).


Amendment) Act, 1969 (Maharashtra Act XXXVIII of 1969).

112.  The    Maharashtra    Agricultural    Lands    (Ceiling    on    Holdings)

(Amendment) Act, 1970 (Maharashtra Act XXVII of 1970).

113.  The    Maharashtra    Agricultural    Lands    (Ceiling    on    Holdings)

(Amendment) Act, 1972 (Maharashtra Act XIII of 1972).

114.  The    Maharashtra    Agricultural    Lands    (Ceiling  on  Holdings)

(Amendment) Act, 1973 (Maharashtra Act L of 1973).

115. The Orissa Land  Reforms (Amendment) Act, 1965 (Orissa Act 13 of

1965).

116.  The  Orissa  Land  Reforms  (Amendment)  Act,  1966  (Orissa  Act  8  of

1967).

117. The Orissa Land Reforms (Amendment) Act, 1967 (Orissa Act 13 of

1967).

364

118. The Orissa Land Reforms (Amendment) Act, 1969 (Orissa Act 13 of

1969).

119. The Orissa Land Reforms (Amendment) Act, 1970 (Orissa Act 18 of

1970).

120.  The  Uttar  Pradesh  Imposition  of  Ceiling  on  Land  Holdings

(Amendment) Act, 1972 (Uttar Pradesh  Act 18 of 1973).

121.  The  Uttar  Pradesh  Imposition  of  Ceiling  on  Land  Holdings

(Amendment) Act, 1974 (Uttar Pradesh  Act 2 of 1975).


(Amendment) Act, 1974 (Uttar Pradesh  Act 2 of 1975).

122.  The  Tripura  Land  Revenue  and  Land  Reforms    (Third  Amendment)

Act, 1975 (Tripura Act 3 of 1975).

123.The Dadra and Nagar Haveli Land Reforms Regulation, 1971 (3 of 1971).

124.  The  Dadra  and  Nagar  Haveli  Land  Reforms  (Amendment)

Regulation, 1973 (5 of 1973).]

1[125.  Section  66A  and  Chapter  IVA  of  the  Motor  Vehicles  Act,  1939

(Central Act 4 of 1939).

126. The Essential Commodities Act, 1955 (Central Act 10 of 1955).

127.  The  Smugglers  and  Foreign  Exchange  Manipulators  (Forfeiture  of

Property) Act, 1976 (Central Act 13 of 1976).

128. The Bonded Labour System (Abolition) Act, 1976 (Central Act 19 of

1976).

129. The Conservation of Foreign Exchange and Prevention of Smuggling

Activities (Amendment) Act, 1976 (Central Act 20 of 1976).

2130*                       *                          *                        *                    *

131. The Levy Sugar Price Equalisation Fund Act, 1976 (Central Act 31 of

1976).

132. The Urban Land (Ceiling and Regulation) Act, 1976 (Central Act 33

of 1976).


1976).

132. The Urban Land (Ceiling and Regulation) Act, 1976 (Central Act 33

of 1976).

1.  Entries  125  to  188  ins.  by  the  Constitution  (Fortieth  Amendment)  Act,  1976,  s.  3

(w.e.f. 27-5-1976).

 See now the relevant provisions of the Motor Vehicles Act, 1988 (59 of 1988).

2.  Entry  130  omitted  by  the  Constitution  (Forty-fourth  Amendment)  Act,  1978,  s.  44

(w.e.f. 20-6-1979).

365

133.  The  Departmentalisation  of  Union  Accounts  (Transfer  of  Personnel)

Act, 1976 (Central Act 59 of 1976).

134. The  Assam  Fixation  of  Ceiling  on  Land  Holdings  Act,  1956 (Assam

Act I of 1957).

135. The Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act,

1958 (Bombay Act XCIX of 1958).

136.  The  Gujarat Private  Forests (Acquisition)  Act,  1972  (Gujarat  Act  14

of 1973).

137.  The  Haryana  Ceiling  on  Land  Holdings  (Amendment)  Act,  1976

(Haryana Act 17 of 1976).

138.  The  Himachal  Pradesh  Tenancy  and  Land  Reforms  Act,  1972

(Himachal Pradesh Act 8 of 1974).