(Himachal Pradesh Act 8 of 1974).

139.  The  Himachal  Pradesh  Village  Common  Lands  Vesting  and

Utilisation Act, 1974 (Himachal Pradesh Act 18 of 1974).

140. The Karnataka Land Reforms (Second Amendment and Miscellaneous

Provisions) Act, 1974 (Karnataka Act 31 of 1974).

141.  The  Karnataka  Land  Reforms  (Second  Amendment)  Act,  1976

(Karnataka Act 27 of 1976).

142. The Kerala Prevention of Eviction Act, 1966 (Kerala Act 12 of 1966).

143. The Thiruppuvaram Payment (Abolition) Act, 1969 (Kerala Act 19 of 1969).

144.  The  Sreepadam  Lands  Enfranchisement  Act, 1969 (Kerala  Act  20  of

1969).

145.  The  Sree  Pandaravaka  Lands  (Vesting  and  Enfranchisement)  Act,

1971 (Kerala Act 20 of 1971).

146.  The  Kerala  Private  Forests  (Vesting  and  Assignment)  Act,  1971

(Kerala Act 26 of 1971).

147. The Kerala Agricultural Workers Act, 1974 (Kerala Act 18 of 1974).

148. The Kerala Cashew Factories (Acquisition) Act, 1974 (Kerala Act 29

of 1974).

149. The Kerala Chitties Act, 1975 (Kerala Act 23 of 1975).


of 1974).

149. The Kerala Chitties Act, 1975 (Kerala Act 23 of 1975).

150.  The  Kerala  Scheduled  Tribes  (Restriction  on  Transfer  of  Lands  and

Restoration of Alienated Lands) Act, 1975 (Kerala Act 31 of 1975).

366

151.  The Kerala Land Reforms (Amendment) Act, 1976 (Kerala Act 15 of

1976).

152. The Kanam Tenancy Abolition Act, 1976 (Kerala Act 16 of 1976).

153. The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment)

Act, 1974 (Madhya Pradesh Act 20 of 1974).

154. The Madhya Pradesh Ceiling on Agricultural Holdings  (Amendment)

Act, 1975 (Madhya Pradesh Act 2 of 1976).

155. The West Khandesh Mehwassi Estates (Proprietary Rights Abolition,

etc.) Regulation, 1961 (Maharashtra Regulation 1 of 1962).

156. The Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974

(Maharashtra Act XIV of 1975).

157.  The  Maharashtra  Agricultural  Lands  (Lowering  of  Ceiling  on

Holdings) and (Amendment) Act, 1972 (Maharashtra Act XXI of 1975).

158. The Maharashtra Private Forest (Acquisition) Act, 1975 (Maharashtra

Act XXIX of 1975).

159.  The  Maharashtra  Agricultural  Lands  (Lowering  of  Ceiling  on


Act XXIX of 1975).

159.  The  Maharashtra  Agricultural  Lands  (Lowering  of  Ceiling  on

Holdings)  and  (Amendment)  Amendment  Act,  1975  (Maharashtra  Act  XLVII

of 1975).

160.  The  Maharashtra  Agricultural  Lands  (Ceiling  on  Holdings)

(Amendment) Act, 1975 (Maharashtra Act II of 1976).

161. The Orissa Estates Abolition Act, 1951 (Orissa Act I of 1952).

162. The Rajasthan Colonisation Act, 1954 (Rajasthan Act XXVII of 1954).

163. The Rajasthan Land Reforms and Acquisition of Landowners’ Estates

Act, 1963 (Rajasthan Act 11 of 1964).

164.  The  Rajasthan  Imposition  of  Ceiling  on  Agricultural  Holdings

(Amendment) Act, 1976 (Rajasthan Act 8 of 1976).

165. The Rajasthan Tenancy (Amendment) Act, 1976 (Rajasthan Act 12 of

1976).

166. The Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act,

1970  (Tamil Nadu Act 17 of 1970).

167.  The  Tamil  Nadu  Land  Reforms  (Fixation  of  Ceiling  on  Land)

Amendment Act, 1971 (Tamil Nadu Act 41 of 1971).

367

168.  The  Tamil  Nadu  Land  Reforms  (Fixation  of  Ceiling  on  Land)

Amendment Act, 1972 (Tamil Nadu Act 10 of 1972).


Amendment Act, 1972 (Tamil Nadu Act 10 of 1972).

169. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second

Amendment Act, 1972 (Tamil Nadu Act 20 of 1972).

170.  The  Tamil  Nadu  Land  Reforms  (Fixation  of  Ceiling  on  Land)  Third

Amendment Act, 1972 (Tamil Nadu Act 37 of 1972).

171. The Tamil Nadu Land  Reforms (Fixation of Ceiling on Land) Fourth

Amendment Act, 1972 (Tamil Nadu Act 39 of 1972).

172.  The  Tamil  Nadu  Land  Reforms  (Fixation  of  Ceiling  on  Land)  Sixth

Amendment Act, 1972 (Tamil Nadu Act 7 of 1974).

173.  The  Tamil  Nadu  Land  Reforms  (Fixation  of  Ceiling  on  Land)  Fifth

Amendment Act, 1972 (Tamil Nadu Act 10 of 1974).

174.  The  Tamil  Nadu  Land  Reforms  (Fixation  of  Ceiling  on  Land)

Amendment Act, 1974 (Tamil Nadu Act 15 of 1974).

175.  The  Tamil  Nadu  Land  Reforms  (Fixation  of  Ceiling  on  Land)  Third

Amendment Act, 1974 (Tamil Nadu Act 30 of 1974).

176. The Tamil Nadu  Land Reforms (Fixation of Ceiling on Land) Second

Amendment Act, 1974 (Tamil Nadu Act 32 of 1974).


176. The Tamil Nadu  Land Reforms (Fixation of Ceiling on Land) Second

Amendment Act, 1974 (Tamil Nadu Act 32 of 1974).

177.  The  Tamil  Nadu  Land  Reforms  (Fixation  of  Ceiling  on  Land)

Amendment Act, 1975 (Tamil Nadu Act 11 of 1975).

178. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second

Amendment Act, 1975 (Tamil Nadu Act 21 of 1975).

179.  Amendments  made  to  the  Uttar  Pradesh  Zamindari  Abolition  and

Land  Reforms  Act,  1950  (Uttar  Pradesh  Act  I  of  1951)  by  the  Uttar  Pradesh

Land  Laws  (Amendment)  Act,  1971  (Uttar  Pradesh  Act  21  of  1971)  and  the

Uttar  Pradesh  Land  Laws  (Amendment)  Act,  1974  (Uttar  Pradesh  Act  34  of

1974).

180.  The  Uttar  Pradesh  Imposition  of  Ceiling  on  Land  Holdings

(Amendment) Act, 1976 (Uttar Pradesh Act 20 of 1976).

181.  The  West  Bengal  Land  Reforms  (Second  Amendment)  Act,  1972

(West Bengal Act XXVIII of 1972).

182.  The  West  Bengal  Restoration  of  Alienated  Land  Act,  1973  (West

Bengal Act XXIII of 1973).

368


Bengal Act XXIII of 1973).

368

183.  The  West  Bengal  Land  Reforms  (Amendment)  Act,  1974  (West

Bengal Act XXXIII of 1974).

184.  The  West  Bengal  Land  Reforms  (Amendment)  Act,  1975  (West

Bengal Act XXIII of 1975).

185.  The  West  Bengal  Land  Reforms  (Amendment)  Act,  1976  (West

Bengal Act XII of 1976).

186.  The  Delhi  Land  Holdings  (Ceiling)  Amendment  Act,  1976  (Central

Act 15 of 1976).

187.  The  Goa,  Daman  and  Diu Mundkars  (Protection  from  Eviction)  Act,

1975 (Goa, Daman and Diu Act 1 of 1976).

188.  The  Pondicherry  Land  Reforms  (Fixation  of  Ceiling  on  Land)  Act,

1973 (Pondicherry Act 9 of 1974).]

1[189. The Assam (Temporarily Settled Areas) Tenancy Act, 1971 (Assam

Act XXIII of 1971).

190.  The  Assam  (Temporarily  Settled  Areas)  Tenancy  (Amendment)  Act,

1974 (Assam Act XVIII of 1974).

191. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of

Surplus Land) (Amendment) Amending Act, 1974 (Bihar Act 13 of 1975).


Surplus Land) (Amendment) Amending Act, 1974 (Bihar Act 13 of 1975).

192. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of

Surplus Land) (Amendment) Act, 1976 (Bihar Act 22 of 1976).

193. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of

Surplus Land) (Amendment) Act, 1978 (Bihar Act VII of 1978).

194. The Land Acquisition (Bihar Amendment) Act, 1979 (Bihar Act 2 of

1980).

195.  The  Haryana  Ceiling  on  Land  Holdings  (Amendment)  Act,  1977

(Haryana Act 14 of 1977).

196.  The  Tamil  Nadu  Land  Reforms  (Fixation  of  Ceiling  on  Land)

Amendment Act, 1978 (Tamil Nadu Act 25 of 1978).

197.  The  Tamil  Nadu  Land  Reforms  (Fixation  of  Ceiling  on  Land)

Amendment Act, 1979 (Tamil Nadu Act 11 of 1979).

1 .  Entries  189  to  202  were  ins.  by  the  Constitution  (Forty-seventh  Amendment)

Act, 1984, s. 2 (w.e.f. 26-8-1984).

369

198. The Uttar Pradesh Zamindari Abolition Laws (Amendment) Act, 1978

(Uttar Pradesh Act 15 of 1978).

199.  The  West  Bengal  Restoration  of  Alienated  Land  (Amendment)  Act,


(Uttar Pradesh Act 15 of 1978).

199.  The  West  Bengal  Restoration  of  Alienated  Land  (Amendment)  Act,

1978 (West Bengal Act XXIV of 1978).

200.  The  West  Bengal  Restoration  of  Alienated  Land  (Amendment)  Act,

1980 (West Bengal Act LVI of 1980).

201.  The  Goa,  Daman  and  Diu  Agricultural  Tenancy  Act,  1964  (Goa,

Daman and Diu Act 7 of 1964).

202.  The  Goa,  Daman  and  Diu  Agricultural  Tenancy  (Fifth  Amendment)

Act, 1976 (Goa, Daman and Diu Act 17 of 1976).]

1[203.  The  Andhra  Pradesh  Scheduled  Areas  Land  Transfer  Regulation,

1959 (Andhra Pradesh Regulation 1 of 1959).

204.  The  Andhra  Pradesh  Scheduled  Areas  Laws  (Extension  and

Amendment) Regulation, 1963 (Andhra Pradesh Regulation 2 of 1963).

205.  The  Andhra  Pradesh  Scheduled  Areas  Land  Transfer  (Amendment)

Regulation, 1970 (Andhra Pradesh Regulation 1 of 1970).

206.  The  Andhra  Pradesh  Scheduled  Areas  Land  Transfer  (Amendment)

Regulation, 1971 (Andhra Pradesh Regulation 1 of 1971).

207.  The  Andhra  Pradesh  Scheduled  Areas  Land  Transfer  (Amendment)

Regulation, 1978 (Andhra Pradesh Regulation 1 of 1978).


Regulation, 1978 (Andhra Pradesh Regulation 1 of 1978).

208. The Bihar Tenancy Act, 1885 (Bihar Act 8 of 1885).

209.  The  Chota  Nagpur  Tenancy  Act,  1908  (Bengal  Act  6  of  1908)

(Chapter VIII—sections 46, 47, 48, 48A and 49; Chapter X—sections 71, 71A

and 71B; and Chapter XVIII—sections 240, 241 and 242).

210. The Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949

(Bihar Act 14 of 1949) except section 53.

211. The Bihar Scheduled Areas Regulation, 1969 (Bihar Regulation 1 of 1969).

212. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of

Surplus Land) (Amendment) Act, 1982 (Bihar Act 55 of 1982).

1. Entries 203 to 257 were ins. by the Constitution (Sixty-sixth Amendment) Act, 1990,

s. 2 (w.e.f. 7-6-1990).

370

213. The Gujarat Devasthan Inams Abolition Act, 1969 (Gujarat Act 16 of

1969).

214. The Gujarat Tenancy Laws (Amendment) Act, 1976 (Gujarat Act 37

of 1976).

215.  The  Gujarat  Agricultural  Lands  Ceiling  (Amendment)  Act,  1976

(President's Act 43 of 1976).


215.  The  Gujarat  Agricultural  Lands  Ceiling  (Amendment)  Act,  1976

(President's Act 43 of 1976).

216.  The  Gujarat  Devasthan  Inams  Abolition  (Amendment)  Act,  1977

(Gujarat Act 27 of 1977).

217. The Gujarat Tenancy Laws (Amendment) Act, 1977 (Gujarat Act 30

of 1977).

218. The Bombay Land Revenue (Gujarat Second Amendment) Act, 1980

(Gujarat Act 37 of 1980).

219.  The  Bombay  Land  Revenue  Code  and  Land  Tenure  Abolition  Laws

(Gujarat Amendment) Act, 1982 (Gujarat Act 8 of 1982).

220.  The  Himachal  Pradesh  Transfer  of  Land  (Regulation)  Act,  1968

(Himachal Pradesh Act 15 of 1969).

221.  The  Himachal  Pradesh  Transfer  of  Land  (Regulation)  (Amendment)

Act, 1986 (Himachal Pradesh Act 16 of 1986).

222. The Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of

Transfer of Certain Lands) Act, 1978 (Karnataka Act 2 of 1979).

223. The Kerala Land Reforms (Amendment) Act, 1978 (Kerala Act 13 of 1978).

224. The Kerala Land Reforms (Amendment) Act, 1981 (Kerala Act 19 of

1981).

225.  The  Madhya  Pradesh  Land  Revenue  Code  (Third  Amendment)  Act,


1981).

225.  The  Madhya  Pradesh  Land  Revenue  Code  (Third  Amendment)  Act,

1976 (Madhya Pradesh Act 61 of 1976).

226.  The  Madhya  Pradesh  Land  Revenue  Code  (Amendment)  Act,  1980

(Madhya Pradesh Act 15 of 1980).

227.  The  Madhya  Pradesh  Akrishik  Jot  Uchchatam  Seema  Adhiniyam,

1981 (Madhya Pradesh Act 11 of 1981).

228.  The  Madhya  Pradesh  Ceiling  on  Agricultural  Holdings  (Second

Amendment) Act, 1976 (Madhya Pradesh Act 1 of 1984).

229. The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment)

Act, 1984 (Madhya Pradesh Act 14 of 1984).

371

230. The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment)

Act, 1989 (Madhya Pradesh Act 8 of 1989).

231.  The Maharashtra  Land  Revenue  Code,  1966 (Maharashtra  Act  41  of

1966), sections 36, 36A and 36B.

232.  The    Maharashtra    Land    Revenue    Code    and    the  Maharashtra

Restoration  of  Lands  to  Scheduled  Tribes  (Second  Amendment)  Act,  1976

(Maharashtra Act 30 of 1977).

233. The Maharashtra Abolition of Subsisting Proprietary Rights to Mines

and Minerals in certain Lands Act, 1985 (Maharashtra Act 16 of 1985).


233. The Maharashtra Abolition of Subsisting Proprietary Rights to Mines

and Minerals in certain Lands Act, 1985 (Maharashtra Act 16 of 1985).

234.  The  Orissa  Scheduled  Areas  Transfer  of  Immovable  Property  (by

Scheduled Tribes) Regulation, 1956 (Orissa Regulation 2 of 1956).

235.  The  Orissa  Land  Reforms  (Second  Amendment)  Act,  1975  (Orissa

Act 29 of 1976).

236. The Orissa Land Reforms (Amendment) Act, 1976 (Orissa Act 30 of 1976).

237.  The  Orissa  Land  Reforms  (Second  Amendment)  Act,  1976  (Orissa

Act 44 of 1976).

238.  The  Rajasthan  Colonisation  (Amendment)  Act,  1984  (Rajasthan  Act

12 of 1984).

239. The Rajasthan Tenancy (Amendment) Act, 1984 (Rajasthan Act 13 of

1984).

240. The Rajasthan Tenancy (Amendment) Act, 1987 (Rajasthan Act 21 of

1987).

241. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second

Amendment Act, 1979 (Tamil Nadu Act 8 of 1980).

242.  The  Tamil  Nadu  Land  Reforms  (Fixation  of  Ceiling  on  Land)

Amendment Act, 1980 (Tamil Nadu Act 21 of 1980).

243.  The  Tamil  Nadu  Land  Reforms  (Fixation  of  Ceiling  on  Land)


243.  The  Tamil  Nadu  Land  Reforms  (Fixation  of  Ceiling  on  Land)

Amendment Act, 1981 (Tamil Nadu Act 59 of 1981).

244. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second

Amendment Act, 1983 (Tamil Nadu Act 2 of 1984).

245. The Uttar Pradesh Land Laws (Amendment) Act, 1982 (Uttar Pradesh

Act 20 of 1982).

372

246.  The  West  Bengal  Land  Reforms  (Amendment)  Act,  1965  (West

Bengal Act 18 of 1965).

247.  The  West  Bengal  Land  Reforms  (Amendment)  Act,  1966  (West

Bengal Act 11 of 1966).

248.  The  West  Bengal  Land  Reforms  (Second  Amendment)  Act,  1969

(West Bengal Act 23 of 1969).

249.  The  West  Bengal  Estate  Acquisition  (Amendment)  Act,  1977  (West

Bengal Act 36 of 1977).

250. The West Bengal Land Holding Revenue Act, 1979 (West Bengal Act

44 of 1979).

251.  The  West  Bengal  Land  Reforms  (Amendment)  Act,  1980  (West

Bengal Act 41 of 1980).

252.  The  West  Bengal  Land  Holding  Revenue  (Amendment)  Act,  1981

(West Bengal Act 33 of 1981).


252.  The  West  Bengal  Land  Holding  Revenue  (Amendment)  Act,  1981

(West Bengal Act 33 of 1981).

253. The Calcutta Thikka Tenancy (Acquisition and Regulation) Act, 1981

(West Bengal Act 37 of 1981).

254.  The  West  Bengal  Land  Holding  Revenue  (Amendment)  Act,  1982

(West Bengal Act 23 of 1982).

255.  The  Calcutta  Thikka  Tenancy  (Acquisition  and  Regulation)

(Amendment) Act, 1984 (West Bengal Act 41 of 1984).

256. The Mahe Land Reforms Act, 1968 (Pondicherry Act 1 of 1968).

257. The Mahe Land Reforms (Amendment) Act, 1980 (Pondicherry Act 1

of 1981).]

1 [257A.  The  Tamil  Nadu  Backward  Classes,  Scheduled  Castes  and

Scheduled  Tribes  (Reservation  of  Seats  in  Educational  Institutions  and  of

appointments or posts in the Services under the State) Act, 1993 (Tamil Nadu

Act 45 of 1994).]

1. Ins. by the Constitution (Seventy-sixth Amendment) Act, 1994, s. 2 (w.e.f. 31-8-1994).

373

1[258. The Bihar Privileged Persons Homestead Tenancy Act, 1947 (Bihar

Act 4 of 1948).

259. The Bihar Consolidation of Holdings and Prevention of Fragmentation

Act, 1956 (Bihar Act 22 of 1956).


Act 4 of 1948).

259. The Bihar Consolidation of Holdings and Prevention of Fragmentation

Act, 1956 (Bihar Act 22 of 1956).

260. The Bihar Consolidation of Holdings and Prevention of Fragmentation

(Amendment) Act, 1970 (Bihar Act 7 of 1970).

261. The Bihar Privileged Persons Homestead Tenancy (Amendment) Act,

1970 (Bihar Act 9 of 1970).

262. The Bihar Consolidation of Holdings and Prevention of Fragmentation

(Amendment) Act, 1973 (Bihar Act 27 of 1975).

263. The Bihar Consolidation of Holdings and Prevention of Fragmentation

(Amendment) Act, 1981 (Bihar Act 35 of 1982).

264. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of

Surplus Land) (Amendment) Act, 1987 (Bihar Act 21 of 1987).

265. The Bihar Privileged Persons Homestead Tenancy (Amendment) Act,

1989 (Bihar Act 11 of 1989).

266. The Bihar Land Reforms (Amendment) Act, 1989 (Bihar Act 11 of 1990).

267. The Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of

Transfer of Certain Lands) (Amendment) Act, 1984 (Karnataka Act 3 of 1984).

268. The Kerala Land Reforms (Amendment) Act, 1989 (Kerala Act 16 of 1989).

269.  The  Kerala  Land  Reforms  (Second  Amendment)  Act,  1989  (Kerala

Act 2 of 1990).


269.  The  Kerala  Land  Reforms  (Second  Amendment)  Act,  1989  (Kerala

Act 2 of 1990).

270.  The  Orissa  Land  Reforms  (Amendment)  Act,  1989  (Orissa  Act  9  of

1990).

271. The Rajasthan Tenancy (Amendment) Act, 1979 (Rajasthan Act 16 of 1979).

272. The Rajasthan Colonisation (Amendment) Act, 1987 (Rajasthan Act 2

of 1987).

273.  The  Rajasthan  Colonisation  (Amendment)  Act,  1989  (Rajasthan  Act

12 of 1989).

1.  Entries  258  to  284  ins.  by  the  Constitution  (Seventy-eighth  Amendment)    Act,  1995,

s. 2 (w.e.f. 30-8-1995).

374

274.  The  Tamil  Nadu  Land  Reforms  (Fixation  of  Ceiling  on  Land)

Amendment Act, 1983 (Tamil Nadu Act 3 of 1984).

275.  The  Tamil  Nadu  Land  Reforms  (Fixation  of  Ceiling  on  Land)

Amendment Act, 1986 (Tamil Nadu Act 57 of 1986).

276. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second

Amendment Act, 1987 (Tamil Nadu Act 4 of 1988).

277.  The  Tamil  Nadu  Land  Reforms  (Fixation  of  Ceiling  on  Land)


277.  The  Tamil  Nadu  Land  Reforms  (Fixation  of  Ceiling  on  Land)

(Amendment) Act, 1989 (Tamil Nadu Act 30 of 1989).

278.  The  West  Bengal  Land  Reforms  (Amendment)  Act,  1981  (West

Bengal Act 50 of 1981).

279.  The  West  Bengal  Land  Reforms  (Amendment)  Act,  1986  (West

Bengal Act 5 of 1986).

280.  The  West  Bengal  Land  Reforms  (Second  Amendment)  Act,  1986

(West Bengal Act 19 of 1986).

281. The West Bengal Land Reforms (Third Amendment) Act, 1986 (West

Bengal Act 35 of 1986).

282.  The  West  Bengal  Land  Reforms  (Amendment)  Act,  1989  (West

Bengal Act 23 of 1989).

283.  The  West  Bengal  Land  Reforms  (Amendment)  Act,  1990  (West

Bengal Act 24 of 1990).

284. The West Bengal Land Reforms Tribunal Act, 1991 (West Bengal Act

12 of 1991).]

Explanation.—Any acquisition made under the Rajasthan Tenancy  Act,

1955  (Rajasthan  Act  3  of  1955),  in  contravention  of  the  second  proviso  to

clause (1) of article 31A shall, to the extent of the contravention, be void.]

375

1[TENTH SCHEDULE


clause (1) of article 31A shall, to the extent of the contravention, be void.]

375

1[TENTH SCHEDULE

[Articles 102(2) and 191(2)]

Provisions as to disqualification on ground of defection

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

(a)  "House"  means  either  House  of  Parliament  or  the  Legislative

Assembly or, as the case may be, either House of the Legislature of a State;

(b)  "legislature  party",  in  relation  to  a  member  of  a  House

belonging  to  any  political  party  in  accordance  with  the  provisions  of

paragraph  2  or 2***  paragraph  4,  means  the  group  consisting  of  all the

members  of  that  House  for  the  time  being  belonging  to  that  political

party in accordance with the said provisions;

(c) "original political party", in relation to a member of a House,

means  the  political  party  to  which  he  belongs  for  the  purposes  of  sub-

paragraph (1) of paragraph 2;

(d) "paragraph" means a paragraph of this Schedule.

2.  Disqualification  on  ground  of  defection.—(1)  Subject  to  the

provisions  of 3[paragraphs  4  and  5],  a  member  of  a  House  belonging  to  any

political party shall be disqualified for being a member of the House—

(a) if he has voluntarily given up his membership of such political

party; or


political party shall be disqualified for being a member of the House—

(a) if he has voluntarily given up his membership of such political

party; or

(b) if he votes or abstains from voting in such House contrary to

any direction issued by the political party to which he belongs or by any

person or authority authorised by it in this behalf, without obtaining, in

either  case,  the  prior  permission  of  such  political  party,  person  or

authority and such voting or abstention has not been condoned by such

political  party,  person  or  authority  within  fifteen  days  from  the date  of

such voting or abstention.

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

(a) an elected  member  of  a  House  shall  be  deemed to  belong  to

the  political  party,  if  any,  by  which  he  was  set  up  as  a  candidate  for

election as such member;

(b) a nominated member of a House shall,—

1. Added by the Constitution (Fifty-second Amendment) Act, 1985, s. 6 (w.e.f. 1-3-1985).

2.  Certain  words  omitted  by  the  Constitution  (Ninety-first  Amendment)  Act,  2003,  s.  5

(w.e.f. 1-1-2004).

3. Subs. by s. 5, ibid., for "paragraphs 3, 4 and 5". (w.e.f. 1-1-2004).

376

(i) where he is a member of any political party on the date

of his nomination as such member, be deemed to belong to such

political party;


376

(i) where he is a member of any political party on the date

of his nomination as such member, be deemed to belong to such

political party;

(ii) in any other case, be deemed to belong to the political

party of which he becomes, or, as the case may be, first becomes,

a member before the expiry of six months from the date on which

he takes his seat after complying with the requirements of article

99 or, as the case may be, article 188.

(2) An elected member of a House who has been elected as such otherwise

than as a candidate set up by any political party shall be disqualified for being a

member of the House if he joins any political party after such election.

(3)  A  nominated  member  of  a  House  shall  be  disqualified  for  being  a

member  of  the  House  if  he  joins  any  political  party  after  the  expiry  of  six

months  from  the  date  on  which  he  takes  his  seat  after  complying  with  the

requirements of article 99 or, as the case may be, article 188.

(4)  Notwithstanding  anything  contained  in  the  foregoing  provisions  of

this paragraph, a person who, on the commencement of the Constitution (Fifty-

second  Amendment)  Act,  1985,  is  a  member  of  a  House  (whether  elected  or

nominated as such) shall,—

(i) where he was a member of political party immediately before

such commencement, be deemed, for the purposes of sub-paragraph (1)

of this paragraph, to have been elected as a member of such House as a

candidate set up by such political party;


of this paragraph, to have been elected as a member of such House as a

candidate set up by such political party;

(ii) in any other case, be deemed to be an elected member of the

House who has been elected as such otherwise than as a candidate set up

by  any  political  party  for  the  purposes  of  sub-paragraph  (2)  of  this

paragraph or, as the case may be, be deemed to be a nominated member

of the House for the purposes of sub-paragraph (3) of this paragraph.

1*                       *                       *                       *                       *

4.  Disqualification  on  ground  of  defection  not  to  apply  in  case  of

merger.—(1)  A  member  of  a  House  shall  not  be  disqualified  under  sub-

paragraph  (1)  of  paragraph  2  where  his  original  political  party  merges  with

another  political  party  and  he  claims  that  he  and  any  other  members  of  his

original political party—

(a) have become members of such other political party or, as the

case may be, of a new political party formed by such merger; or

(b)  have  not  accepted  the  merger  and  opted  to  function  as  a

separate group,

1.  Paragraph  3  omitted  by  the  Constitution  (Ninety-first  Amendment)  Act,  2003,  s.  5

(w.e.f. 1-1-2004).

377

and  from  the  time  of  such  merger,  such  other  political  party  or  new  political


377

and  from  the  time  of  such  merger,  such  other  political  party  or  new  political

party or group, as the  case may be, shall be deemed to be the political party to

which he belongs for the purposes of sub-paragraph (1) of paragraph 2 and to

be his original political party for the purposes of this sub-paragraph.

(2) For the purposes of  sub-paragraph (1) of this paragraph, the merger

of the  original political party of a member of a House shall be deemed to have

taken  place  if,  and  only  if,  not  less  than  two-thirds  of  the  members  of  the

legislature party concerned have agreed to such merger.

5. Exemption.—Notwithstanding anything contained in this Schedule,  a

person who has been elected to the office of the Speaker or the Deputy Speaker

of the House of the People or the Deputy Chairman of the Council  of States or

the Chairman or the Deputy Chairman of the Legislative Council of a State or

the Speaker or the Deputy Speaker of the Legislative Assembly of a State, shall

not be disqualified under this Schedule,—

(a) if he, by reason of his election to such office, voluntarily gives

up  the  membership  of  the  political  party  to  which  he  belonged

immediately before such election and does not, so long as he continues

to  hold  such  office  thereafter,  rejoin  that  political  party  or  become  a

member of  another political party; or

(b) if he, having given up by reason of his election to  such office his

membership of the political party to which he belonged immediately before

such  election, rejoins such political  party after he ceases to hold such office.


membership of the political party to which he belonged immediately before

such  election, rejoins such political  party after he ceases to hold such office.

6.  Decision  on  questions  as  to  disqualification  on    ground  of

defection.—(1) If any question arises as to whether a member of  a House has

become  subject to  disqualification    under this  Schedule, the  question  shall  be

referred for the decision of the Chairman or, as the case may be, the Speaker of

such House and his decision shall be final:

Provided  that  where  the  question  which  has  arisen  is  as  to  whether  the

Chairman or the Speaker of a House has become subject to such disqualification,

the question shall be referred for the decision of such member of the House as the

House may elect in this behalf and his decision shall be final.

(2) All proceedings under sub-paragraph (1) of this paragraph in relation

to  any  question  as  to  disqualification  of  a  member  of  a  House  under  this

Schedule shall be deemed to be proceedings in Parliament within the meaning

of article 122 or, as the case may be, proceedings in the Legislature of a State

within the meaning of article 212.

378

7.  Bar  of  jurisdiction  of  courts.—Notwithstanding  anything  in  this

Constitution,  no  court  shall  have  any  jurisdiction  in  respect  of  any  matter

connected with the disqualification of a member of a House under this Schedule.

8.  Rules.—(1)  Subject  to  the  provisions  of  sub-paragraph  (2)  of  this


8.  Rules.—(1)  Subject  to  the  provisions  of  sub-paragraph  (2)  of  this

paragraph, the Chairman or the Speaker of a House may make rules for giving

effect  to  the  provisions  of  this  Schedule,  and  in  particular,  and  without

prejudice to the generality of the foregoing, such rules may provide for—

(a) the maintenance of registers or other records as to the political

parties, if any, to which different members of the House belong;

(b) the report which the leader of a legislature party in relation to a

member of a House shall furnish with regard to any condonation of the

nature  referred  to  in  clause  (b)  of  sub-paragraph  (1)  of  paragraph  2  in

respect  of  such  member,  the  time  within  which  and  the  authority  to

whom such report shall be furnished;

(c) the reports which a political party shall furnish with regard to

admission to such political party of any members of the House and the

officer of the House to whom such reports shall be furnished; and

(d)  the  procedure  for  deciding  any  question  referred  to  in  sub-

paragraph  (1)  of  paragraph  6  including  the  procedure  for  any  inquiry

which may be made for the purpose of deciding such question.

(2)  The  rules  made  by  the  Chairman  or  the  Speaker  of  a  House  under

sub-paragraph (1) of this paragraph shall be laid as soon as may  be after they


sub-paragraph (1) of this paragraph shall be laid as soon as may  be after they

are  made  before  the  House  for  a  total  period  of  thirty  days  which  may  be

comprised in one session or in two or more successive sessions and shall take

effect upon the expiry of the said period of thirty days unless they are sooner

approved  with  or  without  modifications  or  disapproved  by  the  House  and

where they are so approved, they shall take effect on such approval in the form

in  which  they  were  laid  or  in  such  modified  form,  as  the  case  may  be,  and

where they are so disapproved, they shall be of no effect.

(3) The Chairman or the Speaker of a House  may, without prejudice to

the provisions of article 105 or, as the case may be, article 194, and to any other

power  which  he  may  have  under  this  Constitution  direct  that  any  wilful

contravention  by  any  person  of  the  rules  made  under  this  paragraph  may  be

dealt with in the same manner as a breach of privilege of the House.]

Paragraph 7 declared  invalid for want of ratification in accordance with the proviso to clause (2) of

article  368  as  per  majority  opinion  in  Kihoto  Hollohon  Vs.  Zachilhu  and  Others  A.I.R.  1993

SC 412.

379

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.


2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

22.

23.

1[ELEVENTH SCHEDULE

(Article 243G)

and  watershed

irrigation,  water  management

Agriculture, including agricultural extension.

Land  improvement,  implementation  of  land  reforms,  land

consolidation and soil conservation.

Minor

development.

Animal husbandry, dairying and poultry.

Fisheries.

Social forestry and farm forestry.

Minor forest produce.

Small scale industries, including food processing industries.

Khadi, village and cottage industries.

Rural housing.

Drinking water.

Fuel and fodder.

Roads, culverts, bridges, ferries, waterways and other means of

communication.

Rural electrification, including distribution of electricity.

Non-conventional energy sources.

Poverty alleviation programme.

Education, including primary and secondary schools.

Technical training and vocational education.

Adult and non-formal education.

Libraries.

Cultural activities.

Markets and fairs.

Health  and  sanitation,  including  hospitals,  primary  health

centres and   dispensaries.

Family welfare.

24.

25.  Women and child development.

26.

Social  welfare,  including  welfare  of  the  handicapped  and

mentally retarded.

27.  Welfare  of  the  weaker  sections,  and  in  particular,  of  the

Scheduled Castes and the Scheduled Tribes.

28.

Public distribution system.

29.        Maintenance of community assets.]


Scheduled Castes and the Scheduled Tribes.

28.

Public distribution system.

29.        Maintenance of community assets.]

1. Added by the Constitution (Seventy-third Amendment) Act, 1992, s. 4 (w.e.f. 24-4-1993).

380

1[TWELFTH SCHEDULE

(Article 243W)

Urban planning including town planning.

Regulation of land-use and construction of buildings.

Planning for economic and social development.

Roads and bridges.

Water supply for domestic, industrial and commercial purposes.

Public  health,  sanitation  conservancy  and  solid  waste

management.

Fire services.

Urban forestry, protection of the environment and promotion of

ecological aspects.

Safeguarding  the  interests  of  weaker  sections  of  society,

including the handicapped and mentally retarded.

Slum improvement and upgradation.

Urban poverty alleviation.

Provision  of  urban  amenities  and  facilities  such  as  parks,

gardens, playgrounds.

Promotion of cultural, educational and aesthetic aspects.

Burials and burial grounds; cremations, cremation grounds; and

electric crematoriums.

Cattle pounds; prevention of cruelty to animals.

Vital statistics including registration of births and deaths.

Public amenities including street lighting, parking lots, bus stops

and public conveniences.

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

Regulation of slaughter houses and tanneries.]


9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

Regulation of slaughter houses and tanneries.]

1. Added by the Constitution (Seventy-fourth Amendment) Act, 1992, s. 4 (w.e.f. 1-6-1993).

381

APPENDIX I

THE CONSTITUTION (ONE HUNDREDTH AMENDMENT)

ACT, 2015

[28th May, 2015.]

An Act further to amend the Constitution of India to give effect to the acquiring

of  territories by  India and transfer  of  certain territories to  Bangladesh in

pursuance  of  the  agreement  and  its  protocol  entered  into  between  the

Governments of India and Bangladesh.

BE it  enacted  by  Parliament  in  the  Sixty-sixth  Year  of  the  Republic  of

India as follows:—

1. Short title.—This Act may be called the Constitution (One Hundredth

Amendment) Act, 2015.

2.  Definitions.—In this Act,—

(a) “acquired territory” means so much of the territories comprised in

the  India-Bangladesh  agreement  and  its  protocol  and  referred  to  in  the

First  Schedule  as  are  demarcated  for  the  purpose  of  being  acquired  by

India  from  Bangladesh  in  pursuance  of  the  agreement  and  its  protocol

referred to in clause (c);

(b)  “appointed day” means such date as the Central Government

may, by notification in the Official Gazette, appoint as the date for acquisition

of territories from Bangladesh and transfer of the territories to Bangladesh


may, by notification in the Official Gazette, appoint as the date for acquisition

of territories from Bangladesh and transfer of the territories to Bangladesh

in  pursuance  of  the  India-Bangladesh  agreement  and  its  protocol,  after

causing the territories to be so acquired and transferred as referred to in the

First Schedule and Second Schedule and demarcated for the purpose;

(c) “India-Bangladesh agreement”  means the  agreement  between  the

Government of the Republic of India and the Government of the People’s

Republic  of  Bangladesh  concerning  the  Demarcation  of  the  Land

Boundary  between  India  and  Bangladesh and Related Matters dated the

16th  day  of  May,  1974,  Exchange  of  Letters  dated  the  26th  day  of

December, 1974, the 30th day of December, 1974, the 7th day of October,

1982, the 26th day of March, 1992 and protocol to the said agreement dated

the 6th day of September, 2011, entered into between the Governments of

India  and  Bangladesh,  the  relevant  extracts  of  which  are  set  out  in  the

Third Schedule;

 31st day of July, 2015, vide notification No. S.O. 2094(E), dated 31st July, 2015.

382

(d)  “transferred  territory”,  means  so  much  of  the  territories

comprised  in  the  India-Bangladesh  agreement  and  its  protocol  and

referred to in the Second Schedule as are demarcated for the purpose of

being transferred by India to Bangladesh in pursuance of the agreements


referred to in the Second Schedule as are demarcated for the purpose of

being transferred by India to Bangladesh in pursuance of the agreements

and its protocol referred to in clause (c).

3.  Amendment  of    First    Schedule    to  Constitution.—  As  from  the

appointed day, in the First Schedule to the Constitution,—

(a)  in  the  paragraph  relating  to  the  territories  of  the  State  of

Assam, the words, brackets and figures “and the territories referred to in

Part  I  of  the  Second  Schedule  to  the  Constitution  (One  Hundredth

Amendment)  Act,  2015,  notwithstanding  anything  contained  in  clause

(a) of section 3 of the Constitution (Ninth Amendment) Act, 1960, so far

as it relates to the territories referred to in Part I of the Second Schedule

to  the  Constitution  (One  Hundredth  Amendment)  Act,  2015”,  shall  be

added at the end;

(b) in the paragraph relating to the territories of the State of West

Bengal, the words, brackets and figures “and also the territories referred to

in Part  III  of the First  Schedule but excluding the territories referred to in

Part  III  of  the  Second  Schedule  to  the  Constitution  (One  Hundredth

Amendment) Act, 2015, notwithstanding anything contained in clause (c)

of section 3 of the Constitution (Ninth Amendment) Act, 1960, so far as it

relates to the territories referred to in Part III of the First Schedule and the

territories  referred  to  in  Part  III  of  the  Second  Schedule  to  the


territories  referred  to  in  Part  III  of  the  Second  Schedule  to  the

Constitution (One Hundredth Amendment) Act, 2015”, shall be added at

the end;

(c)  in  the  paragraph  relating  to  the  territories  of  the  State  of

Meghalaya, the words, brackets and figures “and the territories referred to in

Part I of the First Schedule but excluding the territories referred to in Part

II  of  the  Second  Schedule  to  the  Constitution  (One  Hundredth

Amendment) Act, 2015”, shall be added at the end;

(d) in the paragraph relating to the territories of the State of Tripura,

the words, brackets and figures “and the territories referred to in Part II of the

First  Schedule  to  the  Constitution  (One  Hundredth  Amendment)  Act,

2015, notwithstanding anything contained in clause (d) of section 3 of the

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

territories referred to in Part II of the First Schedule to the  Constitution

(One Hundredth Amendment) Act, 2015”, shall be added at the end.

383

THE FIRST SCHEDULE

[See sections 2(a), 2(b) and 3]

PA R T     I

The acquired territory in relation to Article 2 of the agreement dated the

16th day of May, 1974 and Article 3 (I) (b) (ii) (iii) (iv) (v) of the protocol dated the

6th day of September, 2011.

PA RT   I I

The acquired territory in relation to Article 2 of the agreement dated the


6th day of September, 2011.

PA RT   I I

The acquired territory in relation to Article 2 of the agreement dated the

16th day of May, 1974 and Article 3 (I) (c) (i) of the protocol dated the 6th day of

September, 2011.

PART   III

The acquired territory in relation to Articles 1(12) and 2 of the agreement

dated the 16th day of May, 1974 and Articles 2 (II), 3 (I) (a) (iii) (iv) (v) (vi) of the

protocol dated the 6th day of September, 2011.

THE SECOND SCHEDULE

[See sections 2(b), 2(d) and 3]

PA R T    I

The transferred territory in relation to Article 2 of the agreement dated 16th

day  of  May,  1974  and  Article  3  (I)  (d)  (i)  (ii)  of  the  protocol  dated  6th  day  of

September, 2011.

PA RT    I I

The transferred territory in relation to Article 2 of the agreement dated the

16th day  of May, 1974 and  Article 3 (I) (b) (i)  of the protocol dated 6th day  of

September, 2011.

PART  III

The  transferred  territory  in  relation  to  Articles  1(12)  and  2  of  the

agreement dated the 16th day of May, 1974 and Articles 2 (II), 3 (I) (a) (i) (ii) (vi)


agreement dated the 16th day of May, 1974 and Articles 2 (II), 3 (I) (a) (i) (ii) (vi)

of the protocol dated the 6th day of September, 2011.

384

THE THIRD SCHEDULE

[See section 2(c)]

I. EXTRACTS FROM THE AGREEMENT BETWEEN GOVERNMENT OF

THE REPUBLIC OF INDIA AND THE GOVERNMENT OF THE PEOPLE'S

REPUBLIC  OF  BANGLADESH  CONCERNING  THE  DEMARCATION  OF

THE  LAND  BOUNDARY  BETWEEN  INDIA  AND  BANGLADESH  AND

RELATED MATTERS DATED THE 16TH DAY OF MAY, 1974

Article 1 (12):  ENCLAVES

The Indian enclaves in Bangladesh and the Bangladesh enclaves in India

should be exchanged expeditiously, excepting the enclaves mentioned in paragraph

14 without claim to compensation for the additional area going to Bangladesh.

Article 2:

The Governments of India and Bangladesh agree that territories in adverse

possession in areas already demarcated in respect of which boundary strip maps

are already prepared, shall be exchanged within six months of the signing of the

boundary strip maps by the plenipotentiaries. They may sign the relevant maps

as  early  as  possible  as  and  in  any  case  not  later  than the 31st  December, 1974.

Early  measures  may  be  taken  to  print  maps  in  respect  of  other  areas  where

demarcation has already taken place. These should be printed by the  31st May,

1975 and signed by the plenipotentiaries thereafter in order that the exchange of


demarcation has already taken place. These should be printed by the  31st May,

1975 and signed by the plenipotentiaries thereafter in order that the exchange of

adversely held possessions in these areas may take place by the 31st December,

1975.  In  sectors  still  to  be  demarcated,  transfer  of  territorial  jurisdiction  may

take  place  within  six  months  of  the  signature  by  plenipotentiaries  on  the

concerned boundary strip maps.

II.  EXTRACTS  FROM  THE  PROTOCOL  TO  THE  AGREEMENT

BETWEEN  THE  GOVERNMENT  OF  THE  REPUBLIC  OF  INDIA  AND

THE  GOVERNMENT  OF  THE  PEOPLE'S  REPUBLIC  OF  BANGLADESH

CONCERNING  THE  DEMARCATION  OF  THE  LAND  BOUNDARY

BETWEEN  INDIA  AND  BANGLADESH  AND  RELATED  MATTERS,

DATED THE 6TH DAY OF SEPTEMBER, 2011

Article 2:

(II)  Article  1  Clause  12  of  the  1974  Agreement  shall  be  implemented  as

follows:—

385

Enclaves

111 Indian Enclaves in Bangladesh and 51 Bangladesh Enclaves in India

as  per  the  jointly  verified  cadastral  enclave  maps  and  signed  at  the  level  of

DGLR&S,  Bangladesh  and  DLR&S,  West  Bengal  (India)  in  April,  1997,  shall  be


DGLR&S,  Bangladesh  and  DLR&S,  West  Bengal  (India)  in  April,  1997,  shall  be

exchanged  without  claim  to  compensation  for  the  additional  areas  going  to

Bangladesh.

Article 3:

(I) Article 2 of the 1974 Agreement shall be implemented as follows:—

The Government of India and the Government of Bangladesh agree

that the boundary shall be drawn as a fixed boundary for territories held in

Adverse Possession as determined through joint survey and fully depicted

in  the  respective  adversely  possessed  land  area  Index  Map  (APL  map)

finalised  by  the  Land  Records  and  Survey  Departments  of  both  the

countries  between  December,  2010  and  August,  2011,  which  are  fully

described in clause (a) to (d) below.

The  relevant  strip  maps  shall  be  printed  and  signed  by  the

Plenipotentiaries and transfer of territorial jurisdiction shall be completed

simultaneously  with  the  exchange  of  enclaves.  The  demarcation  of  the

boundary,  as  depicted  in  the  above-mentioned  Index  Maps,  shall  be  as

under:—

(a)   West Bengal Sector

(i)   Bousmari – Madhugari (Kushtia-Nadia) area

The boundary shall be drawn from the existing

Boundary Pillar Nos. 154/5-S to 157/1-S to follow the

centre of old course of river Mathabanga, as depicted

in consolidation map of 1962, as surveyed jointly and


centre of old course of river Mathabanga, as depicted

in consolidation map of 1962, as surveyed jointly and

agreed in June, 2011.

(ii)    Andharkota (Kushtia-Nadia) area

The  boundary  shall  be  drawn  from  existing

Boundary  Pillar  No.  152/5-S  to  Boundary  Pillar  No.

153/1-S

the  edge  of  existing  River

Mathabanga  as  jointly  surveyed  and  agreed  in  June,

2011.

to  follow

386

(iii)   Pakuria (Kushtia-Nadia) area

The  boundary  shall  be  drawn  from  existing

Boundary Pillar No. 151/1-S to Boundary Pillar No.

152/2-S  to  follow  the  edge  of  River  Mathabanga  as

jointly surveyed and agreed in June, 2011.

(iv)   Char Mahishkundi (Kushtia-Nadia) area

The  boundary  shall  be  drawn  from  existing

Boundary Pillar No. 153/1-S to Boundary Pillar No.

153/9-S  to  follow  the  edge  of  River  Mathabanga  as

jointly surveyed and agreed in June, 2011.

(v)

Haripal/Khutadah/Battoli/Sapameri/LNpur

(Patari) (Naogaon-Malda) area

The  boundary  shall  be  drawn  as  line  joining

from  existing  Boundary  Pillar  No.  242/S/13,  to

Boundary  Pillar  No.  243/7-S/5  and  as  jointly


Boundary  Pillar  No.  243/7-S/5  and  as  jointly

surveyed and agreed in June, 2011.

(vi)   Berubari (Panchagarh-Jalpaiguri area)

in

area  Berubari

The  boundary

(Panchagarh-Jalpaiguri)

by

held

Bangladesh, and  Berubari and Singhapara-Khudipara

(Panchagarh-Jalpaiguri), adversely held by India shall

be drawn as jointly demarcated during 1996-1998.

the

adversely

(b)     Meghalaya Sector

(i)   Lobachera-Nuncherra

The  boundary  from  existing  Boundary  Pillar

No.  1315/4-S  to  Boundary  Pillar  No.  1315/15-S  in

Lailong  -  Balichera,  Boundary  Pillar  No.  1316/1-S  to

Boundary  Pillar  No.  1316/11-S  in  Lailong-  Noonchera,

Boundary  Pillar  No.  1317  to  Boundary  Pillar  No.

1317/13-S  in  Lailong-  Lahiling  and  Boundary  Pillar

No.  1318/1-S  to  Boundary  Pillar  No.  1318/2-S  in

Lailong- Lobhachera shall be drawn to follow the  edge

of  tea  gardens  as  jointly  surveyed  and  agreed  in

December, 2010.

387

(ii)     Pyrdiwah/ Padua Area

The  boundary  shall  be  drawn  from  existing


December, 2010.

387

(ii)     Pyrdiwah/ Padua Area

The  boundary  shall  be  drawn  from  existing

Boundary  Pillar  No.  1270/1-S  as  per  jointly  surveyed

and  mutually  agreed  line  till  Boundary  Pillar  No.

1271/1-T.  The  Parties  agree  that  the  Indian  Nationals

from Pyrdiwah village shall be allowed to draw water

from  Piyang  River  near  point  No.  6  of  the  agreed

Map.

(iii)   Lyngkhat Area

(aa)  Lyngkhat-I/Kulumcherra

and

Lyngkhat-II/ Kulumcherra

The  boundary  shall  be  drawn  from

existing  Boundary  Pillar  No.  1264/4-S  to

Boundary Pillar No. 1265 and BP No. 1265/6-S to

1265/9-S  as  per  jointly  surveyed  and  mutually

agreed line.

(ab)  Lyngkhat-III/Sonarhat

The  boundary  shall  be  drawn  from

existing  Boundary  Pillar  No.  1266/13-S  along

the  nallah  southwards  till  it  meets  another

nallah  in  the  east-west  direction,  thereafter  it

shall run along the northern edge of the nallah in

east  till  it  meets  the  existing  International

Boundary

Pillar

north

Nos.1267/4-R-B and 1267/3-R-I.

of  Reference

(iv)   Dawki/Tamabil area

The boundary shall be drawn by a straight line


of  Reference

(iv)   Dawki/Tamabil area

The boundary shall be drawn by a straight line

joining  existing  Boundary  Pillar  Nos.  1275/1-S  to

Boundary  Pillar  Nos.  1275/7-S.  The  Parties  agree  to

fencing on ‘zero line’ in this area.

388

(v)  Naljuri/Sreepur Area

(aa)  Naljuri I

to

The  boundary  shall  be  a  line  from  the

existing  Boundary  Pillar  No.  1277/2-S  in

southern  direction  up

three  plots  as

depicted in the strip Map No. 166 till it  meets

the  nallah  flowing  from  Boundary  Pillar  No.

1277/5-T, thereafter it will run along the western

edge of the nallah in the southern direction up

to  2 plots  on  the Bangladesh side, thereafter it

shall run eastwards till it meets a line drawn in

southern  direction  from  Boundary  Pillar  No.

1277/4-S.

(ab) Naljuri III

The  boundary  shall  be  drawn  by  a

straight line from existing Boundary Pillar No.

1278/2-S to Boundary Pillar No. 1279/ 3-S.

(vi)   Muktapur/ Dibir Hawor Area

The Parties agree that the Indian Nationals shall

be  allowed  to  visit  Kali  Mandir  and  shall  also  be

allowed  to  draw  water  and  exercise  fishing  rights  in


be  allowed  to  visit  Kali  Mandir  and  shall  also  be

allowed  to  draw  water  and  exercise  fishing  rights  in

the  water  body  in  the  Muktapur  /  Dibir  Hawor  area

from the bank of Muktapur side.

(c)

Tripura Sector

Chandannagar-Champarai  Tea  Garden  area

in

Tripura/ Moulvi Bazar sector

The  boundary  shall  be  drawn  along  Sonaraichhera

river  from  existing  Boundary  Pillar  No.  1904  to  Boundary

Pillar No. 1905 as surveyed jointly and agreed in July, 2011.

389

(d)  Assam Sector

(i)  Kalabari (Boroibari) area in Assam sector

The  boundary  shall  be  drawn  from  existing

Boundary  Pillar  No.  1066/24-T  to  Boundary  Pillar

No.  1067/16-T  as  surveyed  jointly  and  agreed  in

August, 2011.

(ii)   Pallathal area in Assam sector

The  boundary  shall  be  drawn  from  existing

Boundary Pillar No. 1370/3-S to 1371/ 6-S to follow the

outer  edge  of  the  tea  garden  and  from  Boundary  Pillar

No.  1372  to  1373/2-S  along  outer  edge  of  the  pan

plantation.

III.  LIST  OF  EXCHANGE  OF  ENCLAVES  BETWEEN  INDIA  AND


plantation.

III.  LIST  OF  EXCHANGE  OF  ENCLAVES  BETWEEN  INDIA  AND

BANGLADESH  IN  PURSUANT  TO  ARTICLE  1  (12)  OF  THE  AGREEMENT

DATED  16TH  MAY,  1974  AND  THE  PROTOCOL  TO  THE  AGREEMENT

DATED 6TH SEPTEMBER, 2011

A.    EXCHANGEABLE INDIAN ENCLAVES IN BANGLADESH WITH

AREA

Sl.       Name  of  Chhits

No.

2

Chhit No.  Lying  within

Police  station

Bangladesh

4

3

Lying  within

Police station

W. Bengal

5

Area

in

acres

6

1

1.

2.

3.

4.

5.

6.

7.

A. Enclaves with independent chhits

Garati

Garati

Garati

Garati

Garati

Garati

Bingimari Part-I

75

76

77

78

79

80

73

Pochagar

Pochagar

Pochagar

Pochagar

Pochagar

Pochagar

Pochagar

Haldibari

Haldibari

Haldibari

Haldibari

Haldibari

Haldibari

Haldibari

58.23

0.79

18

958.66

1.74

73.75

6.07

390

1

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

22.

23.

24.

25.

26.


14.

15.

16.

17.

18.

19.

20.

21.

22.

23.

24.

25.

26.

27.

28.

29.

30.

31.

32.

33.

34.

2

Nazirganja

Nazirganja

Nazirganja

Nazirganja

Nazirganja

Nazirganja

Nazirganja

Nazirganja

Nazirganja

Nazirganja

Nazirganja

Nazirganja

Nazirganja

Nazirganja

Nazirganja

Nazirganja

Nazirganja

Nazirganja

Putimari

Daikhata Chhat

Salbari

Kajal Dighi

Nataktoka

Nataktoka

Beuladanga

Chhat

Balapara

Iagrabar

Bara

Khankikharija

Citaldaha

3

41

42

44

45

46

47

48

49

50

51

52

53

54

55

56

57

58

60

59

38

37

36

32

33

35

3

30

4

5

6

Boda

Boda

Boda

Boda

Boda

Boda

Boda

Boda

Boda

Boda

Boda

Boda

Boda

Boda

Boda

Boda

Boda

Boda

Boda

Boda

Boda

Boda

Boda

Boda

Boda

Haldibari

Haldibari

Haldibari

Haldibari

Haldibari

Haldibari

Haldibari

Haldibari

Haldibari


Haldibari

Haldibari

Haldibari

Haldibari

Haldibari

Haldibari

Haldibari

Haldibari

Haldibari

Haldibari

Haldibari

Haldibari

Haldibari

Haldibari

Haldibari

Haldibari

Haldibari

Haldibari

Haldibari

Haldibari

Haldibari

Haldibari

Haldibari

Haldibari

58.32

434.29

53.47

1.07

17.95

3.89

73.27

49.05

5.05

0.77

1.04

1.02

3.87

12.18

54.04

8.27

14.22

0.52

122.8

499.21

1188.93

771.44

162.26

0.26

0.83

Debiganj

Haldibari

1752.44

Dimla

Haldibari

7.71

391

1

35.

36.

37.

38.

39.

40.

41.

42.

43.

44.

45.

46.

47.

48.

49.

50.

51.

2

3

4

5

6

Bara

Khankikharija

Citaldaha

Barakhangir

Nagarjikobari

Kuchlibari

Kuchlibari

Bara Kuchlibari

Jamaldaha-

Balapukhari

Uponchowki

kuchlibari

Uponchowki

kuchlibari

Bhothnri

Balapukhari


Jamaldaha-

Balapukhari

Uponchowki

kuchlibari

Uponchowki

kuchlibari

Bhothnri

Balapukhari

Bara Khangir

Bara Khangir

Chhat Bogdokra

Ratanpur

Bogdokra

Fulker Dabri

Dimla

Haldibari

36.83

Dimla

Dimla

Patgram

Patgram

Patgram

Haldibari

Haldibari

Mekliganj

Mekliganj

Mekliganj

30.53

33.41

5.78

2.04

4.35

29

28

31

26

27

Fragment

of J.L.107

of  P.S

Mekliganj

6

Patgram

Mekliganj

5.24

115/2

Patgram

Mekliganj

0.32

Patgram

Mekliganj

44.04

Patgram

Patgram

Patgram

Patgram

Patgram

Patgram

Patgram

Patgram

Mekliganj

Mekliganj

Mekliganj

Mekliganj

Mekliganj

Mekliganj

Mekliganj

Mekliganj

36.83

55.91

50.51

87.42

41.7

58.91

25.49

0.88

7

11

5

4

9

10

11

12

Fragment

of J.L. 107

of P.S

Mekliganj

392

1

52.

53.

54.

55.

56.

57.

58.

59.

60.

61.

62.

63.

64.

65.

66.

67.


55.

56.

57.

58.

59.

60.

61.

62.

63.

64.

65.

66.

67.

68.

69.

70.

71.

72.

73.

74.

75.

76.

77.

78.

79.

2

Kharkharia

Kharkharia

Lotamari

Bhotbari

Komat

Changrabandha

Komat

Changrabandha

Panisala

Dwarikamari

Khasbash

Panisala

Panisala

Panisala

Panisala

Lotamari

Lotamari

Dwarikamari

Dwarikamari

Chhat Bhothat

Baakata

Baakata

Baakata

Bhogramguri

Chenakata

Banskata

Banskata

Banskata

Banskata

Banskata

Banskata

3

15

13

14

16

16A

4

Patgram

Patgram

Patgram

Patgram

Patgram

5

6

Mekliganj

Mekliganj

Mekliganj

Mekliganj

Mekliganj

60.74

51.62

110.92

205.46

42.8

17A

Patgram

Mekliganj

16.01

17

18

153/P

153/O

19

21

20

22

23

25

24

131

132

130

133

134

119

120

121

113

112

114

Patgram

Patgram

Patgram

Patgram

Patgram

Patgram

Patgram

Patgram

Patgram

Patgram

Patgram

Patgram

Patgram

Patgram


Patgram

Patgram

Patgram

Patgram

Patgram

Patgram

Patgram

Patgram

Patgram

Patgram

Patgram

Patgram

Patgram

Patgram

Patgram

Patgram

Patgram

Patgram

Patgram

Patgram

Patgram

393

Mekliganj

Mekliganj

Mekliganj

Mekliganj

Mekliganj

Mekliganj

Mekliganj

Mekliganj

Mekliganj

Mekliganj

Mekliganj

Hathabhanga

Hathabhanga

Hathibhanga

Hathibhanga

Mekliganj

Mathabanga

Mathabanga

Mathabanga

Mathabanga

Mathabanga

Mathabanga

137.66

36.5

0.27

18.01

64.63

51.4

283.53

98.85

39.52

45.73

56.11

22.35

11.96

20.48

1.44

7.81

413.81

30.75

12.15

57.86

315.04

0.77

1

80.

81.

82.

83.

84.

85.

86.

87.

88.

89.

90.

91.

92.

93.

94.

95.

96.

97.

98.

99.

100.

101.

102.

103.

104.

105.

106.

2

Banskata

Banskata

Banskata

Banskata

Banskata

Banskata

Banskata

Banskata

Banskata

Banskata

Banskata

Banskata

Gotamari Chhit


Banskata

Banskata

Banskata

Banskata

Banskata

Banskata

Banskata

Banskata

Gotamari Chhit

Gotamari Chhit

Banapachai

Banapachai

Bhitarkuthi

Dasiar Chhara

Dakurhat-

Dakinirkuthi

Kalamati

Bhahobganj

Baotikursa

Bara Coachulka

Gaochulka II

Gaochulka I

Dighaltari II

Dighaltari I

Chhoto

Garaljhora II

3

115

122

127

128

117

118

125

126

129

116

123

124

135

136

151

152

150

156

141

153

142

143

147

146

145

144

149

4

Patgram

Patgram

Patgram

Patgram

Patgram

Patgram

Patgram

Patgram

Patgram

Patgram

Patgram

Patgram

Hatibandha

Hatibandha

Lalmonirhat

Lalmonirhat

5

Mathabanga

Mathabanga

Mathabanga

Mathabanga

Mathabanga

Mathabanga

Mathabanga

Mathabanga

Mathabanga

Mathabanga

Mathabanga

Mathabanga

Sitalkuchi

Sitalkuchi

Dinhata

Dinhata

6

29.2

33.22

12.72

2.33

2.55

30.98

0.64

1.39

1.37

16.96

24.37

0.28

126.59

20.02

217.29

81.71

Fulbari

Kurigram

Dinhata

Dinhata


24.37

0.28

126.59

20.02

217.29

81.71

Fulbari

Kurigram

Dinhata

Dinhata

1643.44

14.27

Bhurungamari  Dinhata

Bhurungamari  Dinhata

Bhurungamari  Dinhata

Bhurungamari  Dinhata

Bhurungamari  Dinhata

Bhurungamari  Dinhata

Bhurungamari  Dinhata

Bhurungamari  Dinhata

Bhurungamari  Dinhata

21.21

31.58

45.63

39.99

0.9

8.92

8.81

12.31

17.85

394

1

107.

108.

2

3

4

5

6

148

Bhurungamari

Dinhata

35.74

Patgram

Mathabhanga

3.5

Chhoto

Garaljhora I

1  chhit  without

name  &  JL  No.

at  the  southern

and  of  JL  No. 38

&  southern  and

of  JL  No.  39

(locally  known

as Ashokabari*)

109.

(i) Bewladanga

34

Haldibari

Boda

862.46

Enclaves with Fragmented Chhits

(ii) Bewladanga

Fragment  Haldibari

110.

(i) Kotbhajni

2

Haldibari

(ii) Kotbhajni

Fragment  Haldibari

(iii) Kotbhajni

Fragment  Haldibari


2

Haldibari

(ii) Kotbhajni

Fragment  Haldibari

(iii) Kotbhajni

Fragment  Haldibari

(iv) Kotbhajni

Fragment  Haldibari

111.

(i) Dahala

Khagrabri  Haldibari

(ii) Dahala

(iii) Dahala

(iv) Dahala

Fragment  Haldibari

Fragment  Haldibari

Fragment  Haldibari

Debiganj

Debiganj

Debiganj

Debiganj

Debiganj

Debiganj

Debiganj

Debiganj

Debiganj

2012.27

2650.35

  Corrected  vide  150th  (54th)  India-Bangladesh  Boundary  Conference  held  at  Kolkata

from 29th September to 2nd October, 2002.

Corrected  vide  152nd  (56th)  India-Bangladesh  Boundary  Conference  held  at

*

Kochbihar,  India from 18th—20th September, 2003.

395

1

2

3

4

5

6

(v) Dahala

(vi) Dahala

Fragment

Fragment

Haldibari

Haldibari

Debiganj

Debiganj

17160.63

The  above  given  details  of  enclaves  have  been  jointly  compared  and

reconciled  with  records  held  by  India  and  Bangladesh  during  the  Indo-

Bangladesh Conference held at Calcutta during 9th—12th October, 1996 as well as


Bangladesh Conference held at Calcutta during 9th—12th October, 1996 as well as

during  joint  field  inspection  at  Jalpaiguri  (West  Bengal)  Panchagarh  (Bangladesh)

sector during 21—24 November, 1996.

Note:  Name  of  enclave  in  Sl.  No.  108  above  has  been  identified  as

Ashokabari by joint ground verification during field season 1996-97.

Brig. J.R. Peter

Director Land Records & Survey

(Ex-Officio) West Bengal, India &

Director, Eastern Circle Survey of

India, Calcutta.

Md. Shafi Uddin

Director-General, Land Records

and Surveys, Bangladesh.

Name of Chhits

B. EXCHANGEABLE BANGLADESH ENCLAVES IN INDIA WITH AREA

Lying  within

Police  station

W. Bengal

Lying  within

Police  station

Bangladesh

J.L.

No.

Area

in

acres

Sl.

No.

2

3

4

5

6

1

1.

2.

3.

4.

Chhit Kuchlibari

Chhit Land of

Kuchlibari

Balapukhari

Chhit Land of Panbari

No. 2

A. Enclaves with independent chhits

Patgram

Patgram

Mekliganj

Mekliganj

Mekliganj

Mekliganj

Patgram

Patgram

396

22

24

21

20

370.64

1.83

331.64

1.13

1

5.

6.

7.

8.

9.

10.

11.

12.


1.83

331.64

1.13

1

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

22.

23.

24.

25.

2

3

Chhit Panbari

Mekliganj

Dhabalsati Mirgipur  Mekliganj

4

Patgram

Patgram

Patgram

Patgram

Patgram

Patgram

Patgram

Mekliganj

Mekliganj

Mekliganj

Mekliganj

Mekliganj

Mathabhanga  Patgram

Mathabhanga  Patgram

Mathabhanga  Patgram

Bamandal

Chhit Dhabalsati

Dhabalsati

Srirampur

Jote Nijjama

Chhit Land of

Jagatber No. 3

Chhit Land of

Jagatber No.1

Chhit Land of

Jagatber No. 2

Chhit Kokoabari

Mathabhanga  Patgram

Chhit Bhandardaha

Mathabhanga  Patgram

Dhabalguri

Mathabhanga  Patgram

Chhit Dhabalguri

Mathabhanga  Patgram

Chhit Land of

Dhabalguri No. 3

Chhit Land of

Dhabalguri No. 4

Chhit Land of

Dhabalguri No. 5

Chhit Land of

Dhabalguri No. 1

Chhit Land of

Dhabalguri No. 2

Mahishmari

Bura Saradubi

Mathabhanga  Patgram

Mathabhanga  Patgram

Mathabhanga  Patgram


Dhabalguri No. 2

Mahishmari

Bura Saradubi

Mathabhanga  Patgram

Mathabhanga  Patgram

Mathabhanga  Patgram

Mathabhanga  Patgram

Mathabhanga  Patgram

Sitalkuchi

Sitalkuchi

Patgram

Hatibandha

397

5

18

15

11

14

13

8

3

37

35

36

47

67

52

53

70

71

72

68

69

54

13

6

108.59

173.88

2.24

66.58

60.45

1.05

87.54

69.84

30.66

27.09

29.49

39.96

12.5

22.31

1.33

4.55

4.12

26.83

13.95

122.77

34.96

1

26.

27.

28.

29.

30.

31.

32.

33.

34.

35.

36.

37.

38.

39.

40.

41.

2

Falnapur

Amjhol

Kismat Batrigachh

Durgapur

Bansua Khamar

Gitaldaha

Poaturkuthi

3

Sitalkuchi

4

Patgram

Sitalkuchi

Hatibandha

Dinhata

Dinhata

Dinhata

Kaliganj

Kaliganj

Lalmonirhat

Dinhata

Lalmonirhat

Dinhata

Dinhata

Paschim Bakalir

Chhara

Madhya Bakalir

Chhara

Purba Bakalir

Chhara

Madhya Masaldanga  Dinhata

Dinhata


Chhara

Madhya Bakalir

Chhara

Purba Bakalir

Chhara

Madhya Masaldanga  Dinhata

Dinhata

Dinhata

Bhurungamari

Bhurungamari

39

32.72

Bhurungamari

40

12.23

Bhurungamari

Bhurungamari

Madhya Chhit

Masaldanga

Paschim Chhit

Masaldanga

Uttar Masaldanga

Kachua

Uttar Bansjani

Chhat Tilai

Dinhata

Bhurungamari

Dinhata

Dinhata

Bhurungamari

Bhurungamari

Tufanganj

Bhurungamari

Tufanganj

Bhurungamari

17

5

64

57

82

83

1

37

38

6

505.56

1.25

209.95

20.96

24.54

589.94

151.98

3

8

7

2

5

1

136.66

11.87

7.6

27.29

119.74

47.17

81.56

1397.34

42.

(i) Nalgram

B. Enclaves with Fragmented Chhits

Patgarm

Sitalkuchi

(ii) Nalgram

(Fragment)

(iii) Nalgram

(Fragment)

Sitalkuchi

Patgarm

Sitalkuchi

Patgarm

65

65

65

398

1

2

3

4

Patgarm

Patgarm

Kaliganj

Kaliganj

Phulbari

Phulbari

Phulbari

Phulbari


3

4

Patgarm

Patgarm

Kaliganj

Kaliganj

Phulbari

Phulbari

Phulbari

Phulbari

Phulbari

Phulbari

Bhurungamari

Bhurungamari

6

49.5

577.37

269.91

373.2

571.38

5

66

66

81

81

9

9

9

8

8

6

6

6

Bhurungamari

6

Bhurungamari

6

Bhurungamari

6

Bhurungamari

6

43.

(i) Chhit Nalgram

Sitalkuchi

44.

45.

46.

47.

(ii) Chhit Nalgram

(Fragment)

(i) Batrigachh

(ii) Batrigachh

(Fragment)

Sitalkuchi

Dinhata

Dinhata

Dinhata

Dinhata

Dinhata

(iii) Batrigachh

(Fragment)

Dinhata

(i) Karala

(ii) Karala (fragment)  Dinhata

(iii) Karala (fragment)  Dinhata

(i) Sipprasad Mustati  Dinhata

(ii) Sipprasad Mustati

Dinhata

(Fragment)

(i) Dakshin

Masaldanga

(ii) Dakshin

Masaldanga

(Fragment)

(iii) Dakshin

Masaldanga

(Fragment)

(iv) Dakshin

Masaldanga

(Fragment)

(v) Dakshin

Masaldanga

(Fragment)

(vi) Dakshin

Masaldanga

(Fragment)

Dinhata

Dinhata

Dinhata


(v) Dakshin

Masaldanga

(Fragment)

(vi) Dakshin

Masaldanga

(Fragment)

Dinhata

Dinhata

Dinhata

Dinhata

399

1

48.

49.

50.

51.

Dinhata

3

Dinhata

2

(i) Paschim

Masaldanga

(ii) Paschim

Masaldanga (Fragment)

(i) Purba Chhit

Masaldanga

(ii) Purba Chhit

Masaldanga (Fragment)

(i) Purba Masaldanga  Dinhata

(ii) Purba Masaldanga

Dinhata

(Fragment)

Dinhata

Dinhata

(i) Uttar Dhaldanga

(ii) Uttar Dhaldanga

(Fragment)

(iii) Uttar Dhaldanga

(Fragment)

Total Area

4

Bhurungamari

Bhurungamari

5

4

4

6

29.49

Bhurungamari

10

35.01

Bhurungamari

10

Bhurungamari

Bhurungamari

153.89

24.98

11

11

14

14

Tufanganj

Tufanganj

Bhurungamari

Bhurungamari

Tufanganj

Bhurungamari

14

7,110.02

The  above  given  details  of  enclaves  have  been  jointly  compared  and

reconciled  with  records  held  by  India  and  Bangladesh  during  the  Indo-

Bangladesh Conference held at Calcutta during 9th—12th October, 1996 as well as


Bangladesh Conference held at Calcutta during 9th—12th October, 1996 as well as

during joint field inspection at Jalpaiguri (West Bengal) – Panchagarh (Bangladesh)

sector during 21—24 November, 1996.

Brig. J.R. Peter

Md. Shafi Uddin

Director Land Records & Survey (Ex

officio) West Bengal, India & Director,

Eastern Circle Survey of India,

Calcutta.

Director General, Land Records

and Surveys, Bangladesh.

400

APPENDIX  II

1THE CONSTITUTION (APPLICATION TO JAMMU AND KASHMIR)

ORDER, 2019

C.O. 272

In  exercise  of  the  powers  conferred  by  clause  (1)  of  article  370  of  the

Constitution,  the  President,  with  the  concurrence  of  the  Government  of  State  of

Jammu and Kashmir, is pleased to make the following Order:—

1. (1) This Order may be called the Constitution (Application to Jammu and

Kashmir) Order, 2019.

(2)  It  shall  come  into  force  at  once,  and  shall  thereupon  supersede  the

Constitution  (Application  to  Jammu  and  Kashmir)  Order,  1954  as  amended  from

time to time.

2. All the provisions of the Constitution, as amended from time to time, shall

apply  in  relation  to  the  State  of  Jammu  and  Kashmir  and  the  exceptions  and

modifications subject to which they shall so apply shall be as follows:–


modifications subject to which they shall so apply shall be as follows:–

To article 367, there shall be added the following clause, namely:―

“(4)  For  the  purposes  of  this  Constitution  as  it  applies  in  relation  to

the State of Jammu and Kashmir–

(a)  references  to  this  Constitution  or  to  the  provisions

thereof  shall  be  construed  as  references  to  the  Constitution  or  the

provisions thereof as applied in relation to the said State;

(b) references to the person for the time being recognized by

the  President  on  the  recommendation  of  the  Legislative  Assembly

of  the  State  as  the  Sadar-i-Riyasat  of  Jammu  and  Kashmir,  acting

on the advice of the Council of Ministers of the  State for the time

being in office, shall be construed as references to the Governor of

Jammu and Kashmir;

(c)  references  to  the  Government  of  the  said  State  shall  be

construed  as  including  references  to  the  Governor  of  Jammu  and

Kashmir acting on the advice of his Council of Ministers; and

(d)  in  proviso  to  clause  (3)  of  article  370  of  this

Constitution,  the  expression  “Constituent  Assembly  of  the  State

referred  to  in  clause  (2)”  shall  read  “Legislative  Assembly  of  the

State”.”

1.Published  with  the Ministry of Law  and Justice, (Legislative Department)  notification No.  G.S.R.


State”.”

1.Published  with  the Ministry of Law  and Justice, (Legislative Department)  notification No.  G.S.R.

551  (E),  dated  the  5th  August,  2019,  Gazette  of  India,  Extraordinary,  Part  II,  Section  3,

Sub-section (i).

401

APPENDIX III

1DECLRATION UNDER ARTICLE 370(3) OF THE CONSTITUTION

C.O. 273

In  exercise  of  the  powers  conferred  by  clause  (3)  of  article  370    read

with clause (1) of article 370 of the Constitution of India, the President, on the

recommendation  of  Parliament,  is  pleased  to  declare  that,  as  from  the  6th

August,  2019,  all  clauses  of  the  said  article  370  shall  cease  to  be  operative

except  the following which shall read as under, namely :—

“370. All provisions of this Constitution, as amended from time to

time, without any modifications or exceptions, shall apply to the State of

Jammu  and  Kashmir  notwithstanding  anything  contrary  contained  in

article 152 or article 308 or any other article of this Constitution or any

other  provision  of  the  Constitution  of  Jammu  and  Kashmir  or any  law,

judgement,  ordinance,  order,  by-law,  rule,  regulation,

document,

notification, custom or usage having the force of law in the territory  of

India,  or  any  other  instrument,  treaty  or  agreement  as  envisaged  under

article 363 or otherwise.”.


India,  or  any  other  instrument,  treaty  or  agreement  as  envisaged  under

article 363 or otherwise.”.

1.Published  with the Ministry  of  Law and Justice, (Legislative Department) notification

No. G.S.R. 562(E), dated the 6th August, 2019, Gazette of India, Extraordinary, Part II,

Section 3, Sub-section (i).

402