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e7474170ecfd-500 | 389. [Provision as to Bills pending in the Dominion Legislatures and in
the Legislatures of Provinces and Indian States.] Omitted by the Constitution
(Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
390. [Money received or raised or expenditure incurred between the
commencement of the Constitution and the 31st day of March, 1950.—Omitted
by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-
1956).
391. [Power of the President to amend the First and Fourth Schedules in
certain contingencies.].—Omitted by the Constitution (Seventh Amendment)
Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
392. Power of the President to remove difficulties.—(1) The President
may, for the purpose of removing any difficulties, particularly in relation to the
transition from the provisions of the Government of India Act, 1935, to the
provisions of this Constitution, by order direct that this Constitution shall,
during such period as may be specified in the order, have effect subject to such
adaptations, whether by way of modification, addition or omission, as he may
deem to be necessary or expedient:
Provided that no such order shall be made after the first meeting of
Parliament duly constituted under Chapter II of Part V. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-501 | Provided that no such order shall be made after the first meeting of
Parliament duly constituted under Chapter II of Part V.
(2) Every order made under clause (1) shall be laid before Parliament.
(3) The powers conferred on the President by this article, by article 324, by
clause (3) of article 367 and by article 391 shall, before the commencement of this
Constitution, be exercisable by the Governor-General of the Dominion of India.
282
PART XXII
SHORT TITLE, COMMENCEMENT, 1[AUTHORITATIVE
TEXT IN HINDI] AND REPEALS
393. Short title.—This Constitution may be called the Constitution of
India.
394. Commencement.—This article and articles 5, 6, 7, 8, 9, 60, 324,
366, 367, 379, 380, 388, 391, 392 and 393 shall come into force at once, and
the remaining provisions of this Constitution shall come into force on the
twenty-sixth day of January, 1950, which day is referred to in this Constitution
as the commencement of this Constitution.
2[394A. Authoritative text in the Hindi language.—(1) The President
shall cause to be published under his authority,—
(a) the translation of this Constitution in the Hindi language,
signed by the members of the Constituent Assembly, with such
modifications as may be necessary to bring it in conformity with the | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-502 | modifications as may be necessary to bring it in conformity with the
language, style and terminology adopted in the authoritative texts of
Central Acts in the Hindi language, and incorporating therein all the
amendments of this Constitution made before such publication; and
(b) the translation in the Hindi language of every amendment of
this Constitution made in the English language.
(2) The translation of this Constitution and of every amendment thereof
published under clause (1) shall be construed to have the same meaning as the
original thereof and if any difficulty arises in so construing any part of such
translation, the President shall cause the same to be revised suitably.
(3) The translation of this Constitution and of every amendment thereof
published under this article shall be deemed to be, for all purposes, the
authoritative text thereof in the Hindi language.]
395. Repeals.—The
the
Government of India Act, 1935, together with all enactments amending or
supplementing the latter Act, but not including the Abolition of Privy Council
Jurisdiction Act, 1949, are hereby repealed.
Independence Act, 1947, and
Indian
1. Ins. by the Constitution (Fifty-eighth Amendment) Act, 1987, s. 2 (w.e.f. 9-12-1987).
2. Ins. by s. 3, ibid. (w.e.f. 9-12-1987).
283
Name
1. Andhra | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-503 | 2. Ins. by s. 3, ibid. (w.e.f. 9-12-1987).
283
Name
1. Andhra
Pradesh
2. Assam
1[FIRST SCHEDULE
[Articles 1 and 4]
I. THE STATES
Territories
immediately
territories which
2[The territories specified in sub-section (1) of section 3 of
the Andhra State Act, 1953, sub-section (1) of section 3 of
the States Reorganisation Act, 1956, the First Schedule to
the Andhra Pradesh and Madras (Alteration of Boundaries)
Act, 1959, and the Schedule to the Andhra Pradesh and
Mysore (Transfer of Territory) Act, 1968, but excluding
the territories specified in the Second Schedule to the
Andhra Pradesh and Madras (Alteration of Boundaries)
Act, 1959] 3[and the territories specified in section 3 of
the Andhra Pradesh Reorganisation Act, 2014].
The
the
commencement of this Constitution were comprised in the
Province of Assam, the Khasi States and the Assam Tribal
Areas, but excluding the territories specified in the
Schedule to the Assam (Alteration of Boundaries) Act,
1951 4[and the territories specified in sub-section (1) of
section 3 of the State of Nagaland Act, 1962] 5[and the | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-504 | section 3 of the State of Nagaland Act, 1962] 5[and the
territories specified in sections 5, 6 and 7 of the North-
Eastern Areas (Reorganisation) Act, 1971] 6 [and the
territories referred to in Part I of the Second Schedule to
the Constitution (One Hundredth Amendment) Act,
2015, notwithstanding anything contained in clause (a)
of section 3 of the Constitution (Ninth Amendment)
Act, 1960, so far as it relates to the territories referred to
in Part I of the Second Schedule to the Constitution
(One Hundredth Amendment) Act, 2015.]
before
1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 2, for the First Sch. (w.e.f. 1-11-1956).
2. Subs. by the Andhra Pradesh and Mysore (Transfer of Territory) Act, 1968 (36 of 1968), s. 4, for
the former entry (w.e.f. 1-10-1968).
3. Ins. by the Andhra Pradesh Reorganisation Act, 2014 (6 of 2014), s. 10 (w.e.f. 2-6-2014).
4. Added by the State of Nagaland Act, 1962 (27 of 1962), s. 4 (w.e.f. 1-12-1963). | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-505 | 4. Added by the State of Nagaland Act, 1962 (27 of 1962), s. 4 (w.e.f. 1-12-1963).
5. Added by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 9 (w.e.f. 21-1-1972).
6. Added by the Constitution (One Hundredth Amendment) Act, 2015, s. 3 (w.e.f. 31-7-2015). For the
text of the Act, see Appendix I.
284
3. Bihar
3[4. Gujarat
5. Kerala
6. Madhya
Pradesh
territories which
1 [The
the
immediately before
this Constitution were either
commencement of
comprised in the Province of Bihar or were being
administered as if they formed part of that Province
and the territories specified in clause (a) of sub-section
(1) of section 3 of the Bihar and Uttar Pradesh
(Alteration of Boundaries) Act, 1968, but excluding the
territories specified in sub-section (1) of section 3 of the
Bihar and West Bengal (Transfer of Territories) Act,
1956, and the territories specified in clause (b) of
sub-section (1) of section 3 of the first mentioned Act
2[and the territories specified in section 3 of the Bihar
Reorganisation Act, 2000].] | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-506 | 2[and the territories specified in section 3 of the Bihar
Reorganisation Act, 2000].]
The territories referred to in sub-section (1) of section 3 of
the Bombay Reorganisation Act, 1960.]
The territories specified in sub-section (1) of section 5
of the States Reorganisation Act, 1956.
The territories specified in sub-section (1) of section 9 of
the States Reorganisation Act, 1956 4 [and the First
Schedule to the Rajasthan and Madhya Pradesh (Transfer
of Territories) Act, 1959], 5[but excluding the territories
specified
the Madhya Pradesh
Reorganisation Act, 2000.]
in section 3 of
1. Subs. by the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968 (24 of
1968), s. 4, for the former entry (w.e.f. 10-6-1970).
2. Ins. by the Bihar Reorganisation Act, 2000 (30 of 2000), s. 5 (w.e.f. 15-11-2000).
3. Subs. by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 4 (w.e.f. 1-5-1960).
4. Ins. by the Rajasthan and Madhya Pradesh (Transfer of Territories) Act, 1959 (47 of
1959), s. 4 (w.e.f. 1-10-1959). | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-507 | 1959), s. 4 (w.e.f. 1-10-1959).
5. Ins. by the Madhya Pradesh Reorganisation Act, 2000 (28 of 2000), s. 5 (w.e.f. 1-11-2000).
285
1[7. Tamil
Nadu]
before
immediately
territories which
the
The
commencement of
this Constitution were either
comprised in the Province of Madras or were being
administered as if they formed part of that Province and
the territories specified in section 4 of the States
Reorganisation Act, 1956, 2[and the Second Schedule to
the Andhra Pradesh and Madras
(Alteration of
Boundaries) Act, 1959], but excluding the territories
specified in sub-section (1) of section 3 and sub-section
(1) of section 4 of the Andhra State Act, 1953 and 3[the
territories specified in clause (b) of sub-section (1) of
section 5, section 6 and clause (d) of sub-section (1) of
section 7 of the States Reorganisation Act, 1956 and the
territories specified in the First Schedule to the Andhra
Pradesh and Madras (Alteration of Boundaries) Act,
1959.] | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-508 | Pradesh and Madras (Alteration of Boundaries) Act,
1959.]
4[8. Maharashtra The territories specified in sub-section (1) of section 8
of the States Reorganisation Act, 1956, but excluding
the territories referred to in sub-section (1) of section 3
of the Bombay Reorganisation Act, 1960.]
The territories specified in sub-section (1) of section 7
of the States Reorganisation Act, 1956 7[but excluding
the territory specified in the Schedule to the Andhra
Pradesh and Mysore (Transfer of Territory) Act, 1968.]
5[6[9.]
Karnataka]
1. Subs. by the Madras State (Alteration of Name) Act, 1968 (53 of 1968), s. 5, for "7.
Madras" (w.e.f. 14-1-1969).
2. Ins. by the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959 (56 of
1959), s. 6 (w.e.f. 1-4-1960).
3. Subs. by s. 6, ibid., for certain words (w.e.f. 1-4-1960).
4. Ins. by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 4 (w.e.f. 1-5-1960). | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-509 | 4. Ins. by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 4 (w.e.f. 1-5-1960).
5. Subs. by the Mysore State (Alteration of Name) Act, 1973 (31 of 1973), s. 5, for "9.
Mysore" (w.e.f. 1-11-1973).
6. Entries 8 to 14 renumbered as entries 9 to 15 by the Bombay Reorganisation Act,
1960 (11 of 1960), s. 4 (w.e.f. 1-5-1960).
7. Ins. by the Andhra Pradesh and Mysore (Transfer of Territory) Act, 1968 (36 of 1968),
s. 4 (w.e.f. 1-10-1968).
286
1[10.]
2[Odisha]
1[11.] Punjab
1[12.]
Rajasthan
immediately
territories which
The
the
commencement of this Constitution were either comprised
in the Province of Orissa or were being administered as if
they formed part of that Province.
before
The territories specified in section 11 of the States
Reorganisation Act, 1956 3[and the territories referred
to in Part II of the First Schedule to the Acquired
Territories (Merger) Act, 1960] 4 [but excluding the
territories referred to in Part II of the First Schedule to | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-510 | Territories (Merger) Act, 1960] 4 [but excluding the
territories referred to in Part II of the First Schedule to
the Constitution (Ninth Amendment) Act, 1960] 5[and
the territories specified in sub-section (1) of section 3,
section 4 and sub-section (1) of section 5 of the Punjab
Reorganisation Act, 1966.]
The territories specified in section 10 of the States
Reorganisation Act, 1956 6[but excluding the territories
specified in the First Schedule to the Rajasthan and
Madhya Pradesh (Transfer of Territories) Act, 1959].
1. Entries 8 to 14 renumbered as entries 9 to 15 by the Bombay Reorganisation Act, 1960
(11 of 1960), s. 4 (w.e.f. 1-5-1960).
2. Subs. by the Orissa (Alteration of Name) Act, 2011 (15 of 2011), s. 6, for "Orissa" (w.e.f. 1-
11-2011).
3. Ins. by the Acquired Territories (Merger) Act, 1960 (64 of 1960), s. 4 (w.e.f. 17-1-
1961).
4. Added by the Constitution (Ninth Amendment) Act, 1960, s. 3 (w.e.f. 17 -1-1961). | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-511 | 1961).
4. Added by the Constitution (Ninth Amendment) Act, 1960, s. 3 (w.e.f. 17 -1-1961).
5. Ins. by the Punjab Reorganisation Act, 1966 (31 of 1966), s. 7 (w.e.f. 1-11-1966).
6. Ins. by the Rajasthan and Madhya Pradesh (Transfer of Territories) Act, 1959 (47 of
1959), s. 4 (w.e.f. 1-10-1959).
287
1[13.] Uttar
Pradesh
1[14.] West
Bengal
territories which
2 [The
the
immediately before
commencement of
this Constitution were either
comprised in the Province known as the United
Provinces or were being administered as if they formed
part of that Province, the territories specified in clause
(b) of sub-section (1) of section 3 of the Bihar and Uttar
Pradesh (Alteration of Boundaries) Act, 1968, and the
territories specified in clause (b) of sub-section (1) of
section 4 of the Haryana and Uttar Pradesh (Alteration
of Boundaries) Act, 1979, but excluding the territories
specified in clause (a) of sub-section (1) of section 3 of
the Bihar and Uttar Pradesh (Alteration of Boundaries)
Act, 1968, 3[and the territories specified in section 3 of | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-512 | the Bihar and Uttar Pradesh (Alteration of Boundaries)
Act, 1968, 3[and the territories specified in section 3 of
the Uttar Pradesh Reorganisation Act, 2000] and the
territories specified in clause (a) of sub-section (1) of
section 4 of the Haryana and Uttar Pradesh (Alteration
of Boundaries) Act, 1979.]
the
immediately before
The
territories which
commencement of
this Constitution were either
comprised in the Province of West Bengal or were
being administered as if they formed part of that
Province and the territory of Chandernagore as defined
in clause (c) of section 2 of the Chandernagore (Merger)
Act, 1954 and also the territories specified
sub-section (1) of section 3 of the Bihar and West
Bengal (Transfer of Territories) Act, 1956 4[and also the
territories referred to in Part III of the First Schedule but
excluding the territories referred to in Part III of the
Second Schedule to the Constitution (One Hundredth
Amendment) Act, 2015, notwithstanding anything
contained in clause (c) of section 3 of the Constitution
(Ninth Amendment) Act, 1960, so far as it relates to the
territories referred to in Part III of the First Schedule and | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-513 | (Ninth Amendment) Act, 1960, so far as it relates to the
territories referred to in Part III of the First Schedule and
the territories referred to in Part III of the Second
(One Hundredth
to
Schedule
Amendment) Act, 2015.]
the Constitution
in
1. Entries 8 to 14 renumbered as entries 9 to 15 by the the Bombay Reorganisation Act, 1960
(11 of 1960), s. 4 (w.e.f. 1-5-1960).
2. Subs. by the Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979 (31 of 1979),
s. 5, for the entry against "13. Uttar Pradesh" (w.e.f. 15-9-1983).
3. Ins. by the Uttar Pradesh Reorganisation Act, 2000 (29 of 2000), s. 5 (w.e.f. 9-11-2000).
4. Added by the Constitution (One Hundredth Amendment) Act, 2015, s. 3 (w.e.f. 31-7-2015).
For the text of the Act, see Appendix I.
288
1[2[**
3[4[15.]
Nagaland
3[5[16.]
Haryana
3[7[17.]
Himachal
Pradesh
3[8[18.]
Manipur
* *]]
The territories specified in sub-section (1) of section 3
of the State of Nagaland Act, 1962.]
6[The territories specified in sub-section (1) of section 3 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-514 | of the State of Nagaland Act, 1962.]
6[The territories specified in sub-section (1) of section 3
of the Punjab Reorganisation Act, 1966 and the
territories specified in clause (a) of sub-section (1) of
section 4 of the Haryana and Uttar Pradesh (Alteration
of Boundaries) Act, 1979, but excluding the territories
specified in clause (v) of sub-section (1) of section 4 of
that Act.]]
the
immediately before
The
commencement of
this Constitution were being
administered as if they were Chief Commissioners’
Provinces under the names of Himachal Pradesh and
Bilaspur and the territories specified in sub-section (1)
of section 5 of the Punjab Reorganisation Act, 1966.]
The
the
this Constitution was being
commencement of
administered as if it were a Chief Commissioner’s
Province under the name of Manipur.]
territories which
territory which
immediately
before
1. **Entry 15 relating to Jammu and Kashmir deleted by the Jammu and Kashmir
Reorganisation Act, 2019 (34 of 2019), s. 6 (w.e.f. 31-10-2019).
2. Entries 8 to 14 renumbered as 9 to 15 by the Bombay Reorganisation Act, 1960 (11 of | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-515 | 1960), s. 4 (w.e.f. 1-5-1960).
3. Entries 16 to 29 renumbered as entries 15 to 28 by the Jammu and Kashmir Reorganisation
Act, 2019 (34 of 2019), s. 6 (w.e.f. 31-10-2019).
4 Ins. by the State of Nagaland Act, 1962 (27 of 1962), s. 4 (w.e.f. 1-12-1963).
5. Ins. by the Punjab Reorganisation Act, 1966 (31 of 1966), s. 7 (w.e.f. 1-11-1966) and the
entry therein subsequently amended by the Haryana and Uttar Pradesh (Alteration of
Boundaries) Act, 1979 (31 of 1979), s. 5 (w.e.f. 15-9-1983).
6. Subs. by the Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979 (31 of 1979),
s. 5, for the entry against "17. Haryana" (w.e.f. 15-9-1983).
7. Ins. by the State of Himachal Pradesh Act, 1970 (53 of 1970), s. 4 (w.e.f. 25-1-1971).
8. Ins. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 9 (w.e.f. 21-1-
1972).
289
1 [19.] Tripura
1[20.] | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-516 | 1972).
289
1 [19.] Tripura
1[20.]
Meghalaya
1[3[21.] Sikkim
1[4[22.]
Mizoram
1[5[23.]
Arunachal
Pradesh
1[6[24.] Goa
before
immediately
territory which
The
the
this Constitution was being
commencement of
administered as if it were a Chief Commissioner’s
Province under the name of Tripura 2[and the territories
referred to in Part II of the First Schedule to the
Constitution (One Hundredth Amendment) Act, 2015,
notwithstanding anything contained in clause (d) of
section 3 of the Constitution (Ninth Amendment) Act,
1960, so far as it relates to the territories referred to in
Part II of the First Schedule to the Constitution (One
Hundredth Amendment) Act, 2015.]
The territories specified in section 5 of the North-
Eastern Areas (Reorganisation) Act, 1971] 2[and the
territories referred to in Part I of the First Schedule but
excluding the territories referred to in Part II of the
Second Schedule to the Constitution (One Hundredth
Amendment) Act, 2015.]
The
territories which
commencement | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-517 | Second Schedule to the Constitution (One Hundredth
Amendment) Act, 2015.]
The
territories which
commencement
Amendment) Act, 1975, were comprised in Sikkim.]
The territories specified in section 6 of the North-
Eastern Areas (Reorganisation) Act, 1971.]
The territories specified in section 7 of the North-
Eastern Areas (Reorganisation) Act, 1971.]
immediately
the Constitution
before
the
(Thirty-sixth
of
The territories specified in section 3 of the Goa, Daman
and Diu Reorganisation Act, 1987.]
1. Entries 16 to 29 renumbered as entries 15 to 28 by the Jammu and Kashmir Reorganisation
Act, 2019 (34 of 2019), s. 6 (w.e.f. 31-10-2019).
2. Added by the Constitution (One Hundredth Amendment) Act, 2015, s. 3 (w.e.f. 31-7-
2015). For the text of the Act, see Appendix I.
3. Ins. by the Constitution (Thirty-sixth Amendment) Act, 1975, s. 2 (w.e.f. 26-4-1975).
4. Ins. by the State of Mizoram Act, 1986 (34 of 1986), s. 4 (w.e.f. 20 -2-1987).
5. Ins. by the State of Arunachal Pradesh Act, 1986 (69 of 1986), s. 4 (w.e.f. 20-2-1987). | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-518 | 6. Ins. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 5 (w.e.f. 30 -
5-1987).
290
1[2[25.] Chhattisgarh The territories specified in section 3 of the Madhya
1[3[26.]
4[Uttarakhand]
1[5[27.] Jharkhand
1[6[28.] Telangana
Pradesh Reorganisation Act, 2000.]
The territories specified in section 3 of the Uttar
Pradesh Reorganisation Act, 2000.]
The territories specified in section 3 of the Bihar
Reorganisation Act, 2000.]
The territories specified in section 3 of the Andhra
Pradesh Reorganisation Act, 2014.]
Name
1. Delhi
II. THE UNION TERRITORIES
Extent
territory which
The
the
commencement of this Constitution was comprised in the
Chief Commissioner’s Province of Delhi.
immediately
before
7[*
8[2.] The
*]
Andaman
and Nicobar
Islands
territory which
The
the
commencement of this Constitution was comprised in
the Chief Commissioner’s Province of the
Andaman and Nicobar Islands.
immediately before
1 . Entries 16 to 29 renumbered as entries 15 to 28 by the Jammu and Kashmir
Reorganisation Act, 2019 (34 of 2019), s. 6 (w.e.f. 31-10-2019). | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-519 | Reorganisation Act, 2019 (34 of 2019), s. 6 (w.e.f. 31-10-2019).
2. Ins. by the Madhya Pradesh Reorganisation Act, 2000 (28 of 2000), s. 5 (w.e.f.
1-11-2000).
3. Ins. by the Uttar Pradesh Reorganisation Act, 2000 (29 of 2000), s. 5 (w.e.f. 9-11-2000).
4. Subs. by the Uttaranchal (Alteration of Name) Act, 2006 (52 of 2006), s. 4, for the
word "Uttaranchal" (w.e.f. 1-1-2007).
5. Ins. by the Bihar Reorganisation Act, 2000 (30 of 2000), s. 5 (w.e.f. 15 -11-2000).
6. Ins. by the Andhra Pradesh Reorganisation Act, 2014, s. 10 (w.e.f. 2 -6-2014).
7. Entry 2 relating to "Himachal Pradesh" omitted and entries 3 to 10 renumbered as
entries 2 to 9 by the State of Himachal Pradesh Act, 1970 (53 of 1970), s. 4 (w.e.f.
25-1-1971) and subsequently entries relating to Manipur and Tripura (i.e. entries 2 and
3) omitted and renumbered as entries 2 to 7 by the North-Eastern Areas | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-520 | 3) omitted and renumbered as entries 2 to 7 by the North-Eastern Areas
(Reorganisation) Act, 1971 (81 of 1971) s. 9 (w.e.f. 21-1-1972).
8 . Entries 4 to 9 renumbered as entries 2 to 7 by the North-Eastern Areas
(Reorganisation) Act, 1971 (81 of 1971), s. 9 (w.e.f. 21-1-1972).
291
1[3.]
2[Lakshadweep]
3[1[4.] Dadra and
Nagar Haveli
and Daman
and Diu
4[1[*]
5[1[6.]
6[Puducherry]
The territory specified in section 6 of the States
Reorganisation Act, 1956.
The territory which immediately before the
eleventh day of August, 1961 was comprised in
Free Dadra and Nagar Haveli and the territories
specified in section 4 of the Goa, Daman and Diu
Reorganisation Act, 1987.]
* * *]
territories which
The
the
sixteenth day of August, 1962, were comprised in
the French Establishments in India known as
Pondicherry, Karikal, Mahe and Yanam.]
immediately before
7[1[7.] Chandigarh | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-521 | Pondicherry, Karikal, Mahe and Yanam.]
immediately before
7[1[7.] Chandigarh
The territories specified in section 4 of the Punjab
Reorganisation Act, 1966.]
1. Entries 4 to 9 renumbered as entries 2 to 7 (respectively) by the North-Eastern Areas
(Reorganisation) Act, 1971 (81 of 1971), s. 9 (w.e.f. 21-1-1972).
2. Subs. by the Laccadive, Minicoy and Amindivi Islands (Alteration of Name) Act, 1973
(34 of 1973), s. 5, for "The Laccadive, Minicoy and Amindivi Islands" (w.e.f. 1 -11-
1973).
3 . Subs. by the Dadra and Nagar Haveli and Daman and Diu (Merger of Union
territories) Act, 2019 (44 of 2019), s. 5 for entries 4 and 5 (w.e.f. 19 -12-2019). Entry 4
relating to Dadra and Nagar Haveli was ins. by the Constitution (Tenth Amendment )
Act, 1961, s. 2 (w.e.f. 11-8-1961).
4. Subs. by the Goa, Daman and Diu (Reorganisation) Act, 1987 (18 of 1987), s. 5, for
entry 5 (w.e.f. 30-5-1987). | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-522 | entry 5 (w.e.f. 30-5-1987).
5. Ins. by the Constitution (Fourteenth Amendment) Act, 1962, s. 3 (with retrospective
effect).
6. Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 5 for
"Pondicherry" (w.e.f. 1-10-2006).
7. Ins. by the Punjab Reorganisation Act, 1966 (31 of 1966), s. 7 (w.e.f. 1-11-1966).
292
1[*
1[*
*]
*]
2[8. Jammu and
Kashmir
9. Ladakh
The territories specified in section 4 of the Jammu
and Kashmir Reorganisation Act, 2019.
The territories specified in section 3 of the Jammu
and Kashmir Reorganisation Act, 2019.]
1 . Entry 8 relating to Mizoram omitted and entry 9 relating to Arunachal Pradesh
renumbered as entry 8 by the State of Mizoram Act, 1986 (34 of 1986), s. 4 (w.e.f. 20-
2-1987) and entry 8 relating to Arunachal Pradesh omitted by the State of Arunachal
Pradesh Act, 1986 (69 of 1986) s. 4 (w.e.f. 15-4-1987). | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-523 | Pradesh Act, 1986 (69 of 1986) s. 4 (w.e.f. 15-4-1987).
2. Ins. by the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019), s. 6 (w.e.f. 31 -
10-2019).
293
SECOND SCHEDULE
[Articles 59(3), 65(3), 75(6), 97, 125, 148(3), 158(3), 164 (5), 186 and 221]
PART A
PROVISIONS AS TO THE PRESIDENT AND THE GOVERNORS OF STATES 1***
1. There shall be paid to the President and to the Governors of the States
1*** the following emoluments per mensem, that is to say:—
The President
…… 10,000 rupees.
The Governor of a State ……
5,500 rupees.
2. There shall also be paid to the President and to the Governors of the
States 2*** such allowances as were payable respectively to the Governor-
General of the Dominion of India and to the Governors of the corresponding
Provinces immediately before the commencement of this Constitution.
3. The President and the Governors of 3[the States] throughout their respective
terms of office shall be entitled to the same privileges to which the Governor-
General and the Governors of the corresponding Provinces were respectively
entitled immediately before the commencement of this Constitution. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-524 | General and the Governors of the corresponding Provinces were respectively
entitled immediately before the commencement of this Constitution.
4. While the Vice-President or any other person is discharging the
functions of, or is acting as, President, or any person is discharging the
functions of the Governor, he shall be entitled to the same emoluments,
allowances and privileges as the President or the Governor whose functions he
discharges or for whom he acts, as the case may be.
4* * *
*
1 . The words and letter "specified in Part A of the First Schedule" omitted by the
Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1 -11-1956).
Now five lakh rupees, vide the Finance Act, 2018 (13 of 2018), s. 137.
(w.e.f. 1-1-2016).
Now three lakh fifty thousand rupees, by s. 161, ibid. (w.e.f. 1-1-2016).
2. The words "so specified" omitted by the Constitution (Seventh Amendment) Act,
1956, s. 29 and Sch. (w.e.f. 1-11-1956). | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-525 | 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
3. Subs. by s. 29 and Sch., ibid., for "such states" (w.e.f. 1-11-1956).
4. Part B omitted by s. 29 and Sch., ibid. (w.e.f. 1-11-1956).
294
PART C
PROVISIONS AS TO THE SPEAKER AND THE DEPUTY SPEAKER OF THE HOUSE
OF THE PEOPLE AND THE CHAIRMAN AND THE DEPUTY CHAIRMAN
OF THE COUNCIL OF STATES AND THE SPEAKER AND THE
DEPUTY SPEAKER OF THE LEGISLATIVE ASSEMBLY 1***
AND THE CHAIRMAN AND THE DEPUTY CHAIRMAN
OF THE LEGISLATIVE COUNCIL OF 2[A STATE]
7. There shall be paid to the Speaker of the House of the People and the
Chairman of the Council of States such salaries and allowances as were payable
to the Speaker of the Constituent Assembly of the Dominion of India
immediately before the commencement of this Constitution, and there shall be
paid to the Deputy Speaker of the House of the People and to the Deputy
Chairman of the Council of States such salaries and allowances as were payable
to the Deputy Speaker of the Constituent Assembly of the Dominion of India
immediately before such commencement.
8. There shall be paid to the Speaker and the Deputy Speaker of the | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-526 | immediately before such commencement.
8. There shall be paid to the Speaker and the Deputy Speaker of the
Legislative Assembly 3*** and to the Chairman and the Deputy Chairman of
the Legislative Council of 4[a State] such salaries and allowances as were
payable respectively to the Speaker and the Deputy Speaker of the Legislative
Assembly and the President and the Deputy President of the Legislative
Council of the corresponding Province immediately before the commencement
of this Constitution and, where the corresponding Province had no Legislative
Council immediately before such commencement, there shall be paid to the
Chairman and the Deputy Chairman of the Legislative Council of the State
such salaries and allowances as the Governor of the State may determine.
1. The words and letter "OF A STATE IN PART A OF THE FIRST SCHEDULE"
omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.
(w.e.f. 1-11-1956).
2. Subs. by s. 29 and Sch., ibid., for “ANY SUCH STATE.” (w.e.f. 1-11-1956).
3. The words and letter "of a State specified in Part A of the First Schedule" omitted by
s. 29 and Sch., ibid. (w.e.f. 1-11-1956). | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-527 | s. 29 and Sch., ibid. (w.e.f. 1-11-1956).
4. Subs. by s. 29 and Sch., ibid., for "such State" (w.e.f. 1-11-1956).
295
PART D
PROVISIONS AS TO THE JUDGES OF THE SUPREME COURT AND OF THE
HIGH COURTS 1***
9. 2[(1) There shall be paid to the Judges of the Supreme Court, in respect of
time spent on actual service, salary at the following rates per mensem, that is to say:—
The Chief Justice ..
Any other Judge ..
3[10,000 rupees.].
4[9,000 rupees.].
Provided that if a Judge of the Supreme Court at the time of his
appointment is in receipt of a pension (other than a disability or wound
pension) in respect of any previous service under the Government of India or
any of its predecessor Governments or under the Government of a State or any
of its predecessor Governments, his salary in respect of service in the Supreme
Court 5[shall be reduced—
(a) by the amount of that pension, and
(b) if he has, before such appointment, received in lieu of a portion of
the pension due to him in respect of such previous service the commuted
value thereof, by the amount of that portion of the pension, and
(c) if he has, before such appointment, received a retirement gratuity in
respect of such previous service, by the pension equivalent of that gratuity.] | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-528 | (c) if he has, before such appointment, received a retirement gratuity in
respect of such previous service, by the pension equivalent of that gratuity.]
(2) Every Judge of the Supreme Court shall be entitled without payment
of rent to the use of an official residence.
(3) Nothing in sub-paragraph (2) of this paragraph shall apply to a Judge
who, immediately before the commencement of this Constitution,—
1. The words and letter "IN STATES IN PART A OF THE FIRST SCHEDULE" omitted
by the Constitution (Seventh Amendment) Act, 1956, s. 25(a) (w.e.f. 1-11-1956).
2. Subs. by s. 25(b), ibid. (w.e.f. 1-11-1956).
3. Subs. by the Constitution (Fifty-fourth Amendment) Act, 1986, s. 4, for "5,000 rupees
to 10,000 rupees" (w.e.f. 1-4-1986).
Now two lakh eighty thousand rupees, vide the High Court and Supreme Court Judges
(Salaries and Conditions of Service) Amendment Act, 2018 (10 of 2018), s. 6
(w.e.f. 1-1-2016).
4. Subs. by the Constitution (Fifty-fourth Amendment) Act, 1986, s. 4, for "4,000 rupees"
(w.e.f. 1-4-1986).
Now two lakh fifty thousand rupees, vide the High Court and Supreme Court Judges | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-529 | (w.e.f. 1-4-1986).
Now two lakh fifty thousand rupees, vide the High Court and Supreme Court Judges
(Salaries and Conditions of Service) Amendment Act, 2018 (10 of 2018), s. 6
(w.e.f. 1-1-2016).
5. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 25, for "shall be reduced
by the amount of that pension" (w.e.f. 1-11-1956).
296
(a) was holding office as the Chief Justice of the Federal Court and
has become on such commencement the Chief Justice of the Supreme
Court under clause (1) of article 374, or
(b) was holding office as any other Judge of the Federal Court and
has on such commencement become a Judge (other than the Chief
Justice) of the Supreme Court under the said clause,
during the period he holds office as such Chief Justice or other Judge, and
every Judge who so becomes the Chief Justice or other Judge of the Supreme
Court shall, in respect of time spent on actual service as such Chief Justice or
other Judge, as the case may be, be entitled to receive in addition to the salary
specified in sub-paragraph (1) of this paragraph as special pay an amount
equivalent to the difference between the salary so specified and the salary
which he was drawing immediately before such commencement. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-530 | equivalent to the difference between the salary so specified and the salary
which he was drawing immediately before such commencement.
(4) Every Judge of the Supreme Court shall receive such reasonable
allowances to reimburse him for expenses incurred in travelling on duty within
the territory of India and shall be afforded such reasonable facilities in
connection with travelling as the President may from time to time prescribe.
(5) The rights in respect of leave of absence (including leave allowances)
and pension of the Judges of the Supreme Court shall be governed by the
provisions which, immediately before the commencement of this Constitution,
were applicable to the Judges of the Federal Court.
10. (1) 1[There shall be paid to the Judges of High Courts, in respect of time
spent on actual service, salary at the following rates per mensem, that is to say,—
The Chief Justice ..
Any other Judge ..
2[9,000 rupees]
3[8,000 rupees]:
1 . Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 25(c)(i), for sub-
paragraph (1) (w.e.f. 1-11-1956).
2. Subs. by the Constitution (Fifty-fourth Amendment) Act, 1986, s. 4, for "4,000 rupees"
(w.e.f. 1-4-1986). | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-531 | (w.e.f. 1-4-1986).
Now two lakh fifty thousand rupees, vide the High Court and Supreme Court Judges
(Salaries and Conditions of Service) Amendment Act, 2018 (10 of 2018), s. 2
(w.e.f. 1-1-2016).
3. Subs. by the Constitution (Fifty-fourth Amendment) Act, 1986, s. 4, for "3,500 rupees"
(w.e.f. 1-4-1986).
Now two lakh twenty-five thousand rupees, vide the High Court and Supreme Court
Judges (Salaries and Conditions of Service) Amendment Act, 2018 (10 of 2018), s. 2
(w.e.f. 1-1-2016).
297
Provided that if a Judge of a High Court at the time of his appointment is in
receipt of a pension (other than a disability or wound pension) in respect of any
previous service under the Government of India or any of its predecessor
Governments or under the Government of a State or any of its predecessor
Governments, his salary in respect of service in the High Court shall be reduced—
(a) by the amount of that pension, and
(b) if he has, before such appointment, received in lieu of a portion of
the pension due to him in respect of such previous service the commuted
value thereof, by the amount of that portion of the pension, and | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-532 | the pension due to him in respect of such previous service the commuted
value thereof, by the amount of that portion of the pension, and
(c) if he has, before such appointment, received a retirement gratuity in
respect of such previous service, by the pension equivalent of that
gratuity.]
(2) Every person who immediately before the commencement of this
Constitution—
(a) was holding office as the Chief Justice of a High Court in any
Province and has on such commencement become the Chief Justice of the
High Court in the corresponding State under clause (1) of article 376, or
(b) was holding office as any other Judge of a High Court in any Province
and has on such commencement become a Judge (other than the Chief
Justice) of the High Court in the corresponding State under the said clause,
shall, if he was immediately before such commencement drawing a salary at a
rate higher than that specified in sub-paragraph (1) of this paragraph, be
entitled to receive in respect of time spent on actual service as such Chief
Justice or other Judge, as the case may be, in addition to the salary specified in
the said sub-paragraph as special pay an amount equivalent to the difference
between the salary so specified and the salary which he was drawing
immediately before such commencement.
1[(3) Any person who, immediately before the commencement of the | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-533 | immediately before such commencement.
1[(3) Any person who, immediately before the commencement of the
Constitution (Seventh Amendment) Act, 1956, was holding office as the Chief
Justice of the High Court of a State specified in Part B of the First Schedule
and has on such commencement become the Chief Justice of the High Court of
a State specified in the said Schedule as amended by the said Act, shall, if he
was immediately before such commencement drawing any amount as
allowance in addition to his salary, be entitled to receive in respect of time
spent on actual service as such Chief Justice, the same amount as allowance in
addition to the salary specified in sub-paragraph (1) of this paragraph.].
1 . Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 25(c)(ii), for sub-
paragraphs (3) and (4) (w.e.f. 1-11-1956).
298
11. In this Part, unless the context otherwise requires,—
(a) the expression “Chief Justice” includes an acting Chief Justice,
and a “Judge” includes an ad hoc Judge;
(b) “actual service” includes—
(i) time spent by a Judge on duty as a Judge or in the performance
of such other functions as he may at the request of the President
undertake to discharge;
(ii) vacations, excluding any time during which the Judge is absent
on leave; and | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-534 | undertake to discharge;
(ii) vacations, excluding any time during which the Judge is absent
on leave; and
(iii) joining time on transfer from a High Court to the Supreme
Court or from one High Court to another.
PART E
PROVISIONS AS TO THE COMPTROLLER AND AUDITOR-GENERAL OF INDIA
12. (1) There shall be paid to the Comptroller and Auditor-General of
India a salary at the rate of *four thousand rupees per mensem.
(2) The person who was holding office immediately before the
commencement of this Constitution as Auditor-General of India and has
become on such commencement the Comptroller and Auditor-General of India
under article 377 shall in addition to the salary specified in sub-paragraph (1) of
this paragraph be entitled to receive as special pay an amount equivalent to the
difference between the salary so specified and the salary which he was drawing
as Auditor-General of India immediately before such commencement.
(3) The rights in respect of leave of absence and pension and the other
conditions of service of the Comptroller and Auditor-General of India shall be
governed or shall continue to be governed, as the case may be, by the provisions
which were applicable to the Auditor-General of India immediately before the
commencement of this Constitution and all references in those provisions to the
Governor-General shall be construed as references to the President. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-535 | commencement of this Constitution and all references in those provisions to the
Governor-General shall be construed as references to the President.
The Comptroller and Auditor -General of India shall be paid a salary equal to
the salary of the Judges of the Supreme Court vide s. 3 of the Comptroller and
Auditor General (Duties, Powers and Conditions of Service) Act, 1971 (56 of
1971) . The salary of Judges of the Supreme Court has been raised to two
lakh fifty thousand rupees per mensem by the High Court and Supreme Court
Judges (Salaries and Conditions of Service) Amendment Act, 2018 (10 of 2018), s. 6
(w.e.f. 1-1-2016).
299
THIRD SCHEDULE
[Articles 75(4), 99, 124(6), 148(2), 164(3), 188 and 219]
Forms of Oaths or Affirmations
I
Form of oath of office for a Minister for the Union:—
“I, A. B., do swear in the name of God that I will bear true faith
solemnly affirm
and allegiance to the Constitution of India as by law established, 1[that I
will uphold the sovereignty and integrity of India,] that I will faithfully
and conscientiously discharge my duties as a Minister for the Union and
that I will do right to all manner of people in accordance with the | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-536 | that I will do right to all manner of people in accordance with the
Constitution and the law, without fear or favour, affection or ill-will.”
II
Form of oath of secrecy for a Minister for the Union:—
“I, A.B., do swear in the name of God that I will not directly or
solemnly affirm
indirectly communicate or reveal to any person or persons any matter
which shall be brought under my consideration or shall become known
to me as a Minister for the Union except as may be required for the due
discharge of my duties as such Minister.”
2[III
A
Form of oath or affirmation to be made by a candidate for election to
Parliament:—
See also arts. 84 (a) and 173 (a).
1. Ins. by the Constitution (Sixteenth Amendment) Act, 1963, s. 5 (w.e.f. 5-10-1963).
2. Subs. by s. 5, ibid., for Form III. (w.e.f. 5-10-1963).
300
“I, A.B., having been nominated as a candidate to fill a seat in the
Council of States (or the House of the People) do swear in the name of God
solemnly affirm
that I will bear true faith and allegiance to the Constitution of India as
by law established and that I will uphold the sovereignty and integrity of
India.”
B | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-537 | solemnly affirm
that I will bear true faith and allegiance to the Constitution of India as
by law established and that I will uphold the sovereignty and integrity of
India.”
B
Form of oath or affirmation to be made by a member of Parliament:—
“I, A.B., having been elected (or nominated) a member of the
Council of States (or the House of the People) do swear in the name of God
solemnly affirm
that I will bear true faith and allegiance to the Constitution of India as by
law established, that I will uphold the sovereignty and integrity of India
and that I will faithfully discharge the duty upon which I am about to
enter.”]
IV
Form of oath or affirmation to be made by the Judges of the Supreme
Court and the Comptroller and Auditor-General of India:—
“I, A.B., having been appointed Chief Justice (or a Judge) of the
Supreme Court of India (or Comptroller and Auditor-General of
India) do swear in the name of God that I will bear true faith and
solemnly affirm
faith and allegiance to the Constitution of India as by law established,
1[that I will uphold the sovereignty and integrity of India,] that I will
duly and faithfully and to the best of my ability, knowledge and | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-538 | duly and faithfully and to the best of my ability, knowledge and
judgment perform the duties of my office without fear or favour,
affection or ill-will and that I will uphold the Constitution and the laws.”
1. Ins. by the Constitution (Sixteenth Amendment) Act, 1963, s. 5 (w.e.f. 5-10-1963).
301
V
Form of oath of office for a Minister for a State:—
“I, A.B., do swear in the name of God that I will bear true faith
solemnly affirm
and allegiance to the Constitution of India as by law established, 1[that I
will uphold the sovereignty and integrity of India,] that I will faithfully
and conscientiously discharge my duties as a Minister for the State of
..........and that I will do right to all manner of people in accordance with
the Constitution and the law without fear or favour, affection or ill-will.”
VI
Form of oath of secrecy for a Minister for a State:—
“I, A.B., do swear in the name of God that I will not directly or
solemnly affirm
indirectly communicate or reveal to any person or persons any matter
which shall be brought under my consideration or shall become known to
me as a Minister for the State of ....................except as may be required for
the due discharge of my duties as such Minister.”
2[VII
A
Form of oath or affirmation to be made by a candidate for election to the
Legislature of a State:— | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-539 | 2[VII
A
Form of oath or affirmation to be made by a candidate for election to the
Legislature of a State:—
“I, A.B., having been nominated as a candidate to fill
a seat in the Legislative Assembly (or Legislative Council),
do swear in the name of God that I will bear true faith and
solemnly affirm
allegiance to the Constitution of India as by law established and that I
will uphold the sovereignty and integrity of India.”
1. Ins. by the Constitution (Sixteenth Amendment) Act, 1963, s. 5 (w.e.f. 5-10-1963).
2. Subs. by s. 5, ibid., for Form VII (w.e.f. 5-10-1963).
302
B
Form of oath or affirmation to be made by a member of the Legislature
of a State:—
“I, A.B., having been elected (or nominated) a member of the Legislative
Assembly (or Legislative Council), do swear in the name of God that
solemnly affirm
I will bear true faith and allegiance to the Constitution of India as by
law established, that I will uphold the sovereignty and integrity of India
and that I will faithfully discharge the duty upon which I am about to
enter.”]
VIII
Form of oath or affirmation to be made by the Judges of a High Court:—
“I, A.B., having been appointed Chief Justice (or a Judge) of the High | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-540 | Form of oath or affirmation to be made by the Judges of a High Court:—
“I, A.B., having been appointed Chief Justice (or a Judge) of the High
Court at (or of) ……….….. do swear in the name of God that I will bear
solemnly affirm
true faith and allegiance to the Constitution of India as by law
established, 1[that I will uphold the sovereignty and integrity of India,] that
I will duly and faithfully and to the best of my ability, knowledge and
judgment perform the duties of my office without fear or favour, affection
or ill-will and that I will uphold the Constitution and the laws.”
1. Ins. by the Constitution (Sixteenth Amendment) Act, 1963, s. 5 (w.e.f. 5-10-1963).
303
1[FOURTH SCHEDULE
[Articles 4(1) and 80(2)]
Allocation of seats in the Council of States
To each State or Union territory specified in the first column of the
following table, there shall be allotted the number of seats specified in the
second column thereof opposite to that State or that Union territory, as the case
may be:
1.
3[2.
4[3.]
4[4.]
6[4[5.]
7[8[4[6.]
9[8[4[7.]
10[8[4[8.]
8[4[9.]
TABLE
Andhra Pradesh ..........................................................
2[11] | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-541 | 9[8[4[7.]
10[8[4[8.]
8[4[9.]
TABLE
Andhra Pradesh ..........................................................
2[11]
Telangana .................................................................. 7]
Assam ........................................................................ 7
5[16]
Bihar ..........................................................................
Jharkhand ................................................................... 6]
Goa ............................................................................ 1]]
Gujarat ....................................................................... 11]]
Haryana ..................................................................... 5]]
Kerala ........................................................................ 9
1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 3, for Fourth Schedule
(w.e.f. 1-11-1956).
2. Subs. by the Andhra Pradesh Reorganisation Act, 2014, s. 12, for “18” (w.e.f. 2-6-2014).
3. Ins. by s. 12, ibid. (w.e.f. 2-6-2014).
4. Entries 2 to 30 renumbered as entries 3 to 31 respectively by s. 12, ibid. (w.e.f. 2-6-2014).
5. Subs. by the Bihar Reorganisation Act, 2000 (30 of 2000), s. 7, for "22" (w.e.f. 15-11-2000).
6. Ins. by s. 7, ibid. (w.e.f. 15-11-2000). | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-542 | 6. Ins. by s. 7, ibid. (w.e.f. 15-11-2000).
7 . Ins. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 6
(w.e.f. 30-5-1987).
8. Entries 4 to 29 renumbered as entries 5 to 30 by the Bihar Reorganisation Act, 2000
(30 of 2000), s. 7 (w.e.f. 15-11-2000).
9. Subs. by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 6, for entry "4"
renumbered as “6” (w.e.f. 1-5-1960).
10. Ins. by the Punjab Reorganisation Act, 1966 (31 of 1966), s. 9 (w.e.f. 1 -11-1966).
304
3[11]
1[2[10.]]
Madhya Pradesh .........................................................
4[1[2[11.]
Chhattisgarh ............................................................... 5]]
6[18]]
5[1[2[12.]
Tamil Nadu ................................................................
7[1[2[13.]
Maharashtra ............................................................... 19]]
8[1[2[14.]
Karnataka ................................................................... 12]]
9[Odisha] .................................................................... 10]
1[2[15.]
Punjab ........................................................................ 10[7]
1[2[16.] | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-543 | 9[Odisha] .................................................................... 10]
1[2[15.]
Punjab ........................................................................ 10[7]
1[2[16.]
1[2[17.]
Rajasthan ................................................................... 10]
11[31]
1[2[18.]
Uttar Pradesh ..............................................................
13[Uttarakhand] ............................................................ 3]]
12[1[2[19.]
1[2[20.]
West Bengal ............................................................... 16]
14[1[2[**
* *............................................................. *]
15[16[1[2[21.] Nagaland .................................................................... 1]]
1. Entries 4 to 29 renumbered as entries 5 to 30 by the Bihar Reorganisation Act, 2000 (30 of
2000), s. 7 (w.e.f. 15-11-2000).
2 . Entries 2 to 30 renumbered as entries 3 to 31 respectively by the Andhra Pradesh
Reorganisation Act, 2014, s. 12 (w.e.f. 2-6-2014).
3. Subs. by the Madhya Pradesh Reorganisation Act, 2000 (28 of 2000), s. 7, for "16" (w.e.f. 1 -
11-2000).
4. Ins. by s. 7, ibid. (w.e.f. 1-11-2000).
5. Subs. by the Madras State (Alteration of Name) Act, 1968 (53 of 1968), s. 5, for "8. Madras" | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-544 | 5. Subs. by the Madras State (Alteration of Name) Act, 1968 (53 of 1968), s. 5, for "8. Madras"
(renumbered as *11) (w.e.f. 14-1-1969).
6. Subs. by the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959 (56 of 1959),
s. 8, for "17" (w.e.f. 1-4-1960).
7. Ins. by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 6 (w.e.f. 1-5-1960).
8. Subs. by the Mysore State (Alteration of Name) Act, 1973 (31 of 1973), s. 5, for "10.
Mysore" (re-numbered as "13") (w.e.f. 1-11-1973).
9. Subs. by the Orissa (Alteration of Name) Act, 2011 (15 of 2011), s. 7 for "Orissa" (w.e.f. 1-
11-2011).
10. Subs. by the Punjab Reorganisation Act, 1966 (31 of 1966), s. 9 for "11" (w.e.f. 1 -
11-1966).
11. Subs. by the Uttar Pradesh Reorganisation Act, 2000 (29 of 2000), s. 7 for "34" (w.e.f. 9-
11-2000). | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-545 | 11-2000).
12. Ins. by s. 7, ibid. (w.e.f. 9-11-2000).
13 . Subs. by the Uttaranchal (Alteration of Name) Act, 2006 (52 of 2006), s. 5 for
"Uttaranchal" (w.e.f. 1-1-2007).
14 . ** Entry 21 relating to Jammu and Kashmir deleted by the Jammu and Kashmir
Reorganisation Act, 2019 (34 of 2019), s. 8 (w.e.f. 31-10-2019).
15. Entries 22 to 31 re-numbered as entries 21 to 30, respectively by the Jammu and Kashmir
Reorganisation Act, 2019 (34 of 2019), s. 8 (w.e.f. 31-10-2019).
16. Ins. by the State of Nagaland Act, 1962 (27 of 1962), s. 6 (w.e.f. 1-12-1963).
305
Himachal Pradesh ....................................................... 3]]]
Tripura ....................................................................... 1]]
Meghalaya ................................................................. 1]]
Manipur ..................................................................... 1]
1[2[3[4[22.]
3[2[4[23.]
3[2[4[24.]
3[2[4[25.]
5[3[2[4[26.]
Sikkim ....................................................................... 1]]
6[3[2[4[27.] Mizoram .................................................................... 1]] | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-546 | Sikkim ....................................................................... 1]]
6[3[2[4[27.] Mizoram .................................................................... 1]]
7[3[2[4[28.]
Arunachal Pradesh ...................................................... 1]]
3[2[4[29.]
3[2[4[30.]
9[3[2[4[31.
Delhi .......................................................................... 3]
8[Puducherry] ............................................................. 1]]
Jammu and Kashmir .................................................... 4]
10[233]
Total
1. Ins. by the State of Himachal Pradesh Act, 1970 (53 of 1970), s. 5 (w.e.f. 25-1-1971).
2. Entries 4 to 29 renumbered as entries 5 to 30 by the Bihar Reorganisation Act, 2000
(30 of 2000), s. 7 (w.e.f. 15-11-2000).
3. Entries 2 to 30 renumbered as entries 3 to 31 respectively by the Andhra Pradesh
Reorganisation Act, 2014 (6 of 2014), s. 12 (w.e.f. 2-6-2014).
4. Entries 22 to 31 renumbered as entries 21 to 30 respectively by the Jammu and
Kashmir Reorganisation Act, 2019 (34 of 2019), s. 8 (w.e.f. 31-10-2019). | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-547 | Kashmir Reorganisation Act, 2019 (34 of 2019), s. 8 (w.e.f. 31-10-2019).
5. Ins. by the Constitution (Thirty-sixth Amenement) Act, 1975, s. 4 (w.e.f. 26-4-1975).
6. Ins. by the State of Mizoram Act, 1986 (34 of 1986), s. 5 (w.e.f. 20 -2-1987).
7. Ins. by the State of Arunachal Pradesh Act, 1986 (69 of 1986), s. 5 (w.e.f. 20-2-1987).
8 . Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006) s. 4, for
"Pondicherry" (w.e.f. 1-10-2006).
9 . Ins. by the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019), s. 8
(w.e.f. 31-10-2019).
10. Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 6, for
"232" (w.e.f. 30-5-1987).
306
FIFTH SCHEDULE
[Article 244(1)]
Provisions as to the Administration and Control of Scheduled Areas and
Scheduled Tribes
PART A
GENERAL
1. Interpretation.—In this Schedule, unless the context otherwise | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-548 | Scheduled Tribes
PART A
GENERAL
1. Interpretation.—In this Schedule, unless the context otherwise
requires, the expression “State” 1*** does not include the 2[States of Assam
3[, 4[Meghalaya, Tripura and Mizoram.]]]
2. Executive power of a State in Scheduled Areas.—Subject to the
provisions of this Schedule, the executive power of a State extends to the
Scheduled Areas therein.
3. Report by the Governor 5 *** to the President regarding the
administration of Scheduled Areas.—The Governor 5*** of each State having
Scheduled Areas therein shall annually, or whenever so required by the President,
make a report to the President regarding the administration of the Scheduled
Areas in that State and the executive power of the Union shall extend to the
giving of directions to the State as to the administration of the said areas.
PART B
ADMINISTRATION AND CONTROL OF SCHEDULED AREAS AND
SCHEDULED TRIBES
4. Tribes Advisory Council.—(1) There shall be established in each
State having Scheduled Areas therein and, if the President so directs, also in
any State having Scheduled Tribes but not Scheduled Areas therein, a Tribes
Advisory Council consisting of not more than twenty members of whom, as | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-549 | Advisory Council consisting of not more than twenty members of whom, as
nearly as may be, three-fourths shall be the representatives of the Scheduled
Tribes in the Legislative Assembly of the State:
1. The words and letters "means a State specified in Part A or Part B of the First
Schedule but" omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and
Sch. (w.e.f. 1-11-1956).
2. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71, for
"State of Assam" (w.e.f. 21-1-1972).
3 . Subs. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 3, for "and
Meghalaya" (w.e.f. 1-4-1985).
4. Subs. by the State of Mizoram Act, 1986 (34 of 1986), s. 39, for "Meghalaya and
Tripura" (w.e.f. 20-2-1987).
5. The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act,
1956, s. 29 and Sch. (w.e.f. 1-11-1956).
307 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-550 | 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
307
Provided that if the number of representatives of the Scheduled Tribes in
the Legislative Assembly of the State is less than the number of seats in the
Tribes Advisory Council to be filled by such representatives, the remaining
seats shall be filled by other members of those tribes.
(2) It shall be the duty of the Tribes Advisory Council to advise on such
matters pertaining to the welfare and advancement of the Scheduled Tribes in
the State as may be referred to them by the Governor 1***.
(3) The Governor 2*** may make rules prescribing or regulating, as the
case may be,—
(a) the number of members of the Council, the mode of their
appointment and the appointment of the Chairman of the Council and of
the officers and servants thereof;
(b) the conduct of its meetings and its procedure in general; and
(c) all other incidental matters.
5. Law applicable to Scheduled Areas.—(1) Notwithstanding anything
in this Constitution, the Governor 1*** may by public notification direct that
any particular Act of Parliament or of the Legislature of the State shall not
apply to a Scheduled Area or any part thereof in the State or shall apply to a
Scheduled Area or any part thereof in the State subject to such exceptions and
modifications as he may specify in the notification and any direction given
under this sub-paragraph may be given so as to have retrospective effect. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-551 | modifications as he may specify in the notification and any direction given
under this sub-paragraph may be given so as to have retrospective effect.
(2) The Governor may make regulations for the peace and good
government of any area in a State which is for the time being a Scheduled Area.
In particular and without prejudice to the generality of the foregoing
power, such regulations may—
(a) prohibit or restrict the transfer of land by or among members
of the Scheduled Tribes in such area;
(b) regulate the allotment of land to members of the Scheduled
Tribes in such area;
1. The words "or Rajpramukh, as the case may be" omitted by the Constitution (Seventh
Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
2. The words "or Rajpramukh" omitted by s. 29 and Sch., ibid. (w.e.f. 1-11-1956).
308
(c) regulate the carrying on of business as money-lender by
persons who lend money to members of the Scheduled Tribes in such
area.
(3) In making any such regulation as is referred to in sub-paragraph (2)
of this paragraph, the Governor 1 *** may repeal or amend any Act of
Parliament or of the Legislature of the State or any existing law which is for the
time being applicable to the area in question. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-552 | Parliament or of the Legislature of the State or any existing law which is for the
time being applicable to the area in question.
(4) All regulations made under this paragraph shall be submitted
forthwith to the President and, until assented to by him, shall have no effect.
(5) No regulation shall be made under this paragraph unless the
Governor 2*** making the regulation has, in the case where there is a Tribes
Advisory Council for the State, consulted such Council.
PART C
SCHEDULED AREAS
6. Scheduled Areas.—(1) In
this Constitution,
the expression
declare to
“Scheduled Areas” means such areas as the President may by order
be Scheduled Areas.
(2) The President may at any time by order—
(a) direct that the whole or any specified part of a Scheduled Area
shall cease to be a Scheduled Area or a part of such an area;
3[(aa) increase the area of any Scheduled Area in a State after
consultation with the Governor of that State;]
(b) alter, but only by way of rectification of boundaries, any
Scheduled Area;
1. The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act,
1956, s. 29 and Sch. (w.e.f. 1-11-1956). | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-553 | 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
2 The words "or Rajpramukh" omitted by s. 29 and sch., ibid. (w.e.f. 1-11-1956).
See the Scheduled Areas (Part A States) Order, 1950 (C.O. 9), the Scheduled Areas
(Part B States) Order, 1950 (C.O.26), the Scheduled Areas (Himachal Pradesh) Order,
1975 (C.O. 102) and the Scheduled Areas (States of Bihar, Gujarat, Madhya Pradesh
and Orissa) Order, 1977 (C.O. 109).
See the Madras Scheduled Areas (Cessor) Order, 1950 (C.O. 30) and the Andhra
Scheduled Areas (Cessor) Order, 1955 (C.O. 50).
3. Ins. by the Fifth Schedule to the Constitution (Amendment) Act, 1976 (101 of 1976),
s. 2 (w.e.f. 7-9-1976).
309
(c) on any alteration of the boundaries of a State or on the
admission into the Union or the establishment of a new State, declare
any territory not previously included in any State to be, or to form part
of, a Scheduled Area;
1[(d) rescind, in relation to any State or States, any order or orders
made under this paragraph, and in consultation with the Governor of the | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-554 | of, a Scheduled Area;
1[(d) rescind, in relation to any State or States, any order or orders
made under this paragraph, and in consultation with the Governor of the
State concerned, make fresh orders redefining the areas which are to be
Scheduled Areas;]
and any such order may contain such incidental and consequential provisions as
appear to the President to be necessary and proper, but save as aforesaid, the
order made under sub-paragraph (1) of this paragraph shall not be varied by
any subsequent order.
PART D
AMENDMENT OF THE SCHEDULE
7. Amendment of the Schedule.—(1) Parliament may from time to time
by law amend by way of addition, variation or repeal any of the provisions of
this Schedule and, when the Schedule is so amended, any reference to this
Schedule in this Constitution shall be construed as a reference to such Schedule
as so amended.
(2) No such law as is mentioned in sub-paragraph (1) of this paragraph
shall be deemed to be an amendment of this Constitution for the purposes of
article 368.
1. Ins. by the Fifth Schedule to the Constitution (Amendment) Act, 1976 (101 of 1976),
s. 2 (w.e.f. 7-9-1976).
310
SIXTH SCHEDULE
[Articles 244(2) and 275(1)]
Provisions as to the Administration of Tribal Areas in 1[the States of
Assam, Meghalaya, Tripura and Mizoram]
21. Autonomous districts and autonomous regions.—(1) Subject to the | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-555 | Assam, Meghalaya, Tripura and Mizoram]
21. Autonomous districts and autonomous regions.—(1) Subject to the
provisions of this paragraph, the tribal areas in each item of 3[4[Parts I, II and
IIA] and in Part III] of the table appended to paragraph 20 of this Schedule
shall be an autonomous district.
(2) If there are different Scheduled Tribes in an autonomous district, the
Governor may, by public notification, divide the area or areas inhabited by
them into autonomous regions.
(3) The Governor may, by public notification,—
(a) include any area in 3[any of the Parts] of the said table,
(b) exclude any area from 3[any of the Parts] of the said table,
(c) create a new autonomous district,
(d) increase the area of any autonomous district,
(e) diminish the area of any autonomous district,
(f) unite two or more autonomous districts or parts thereof so as to
form one autonomous district,
5[(ff) alter the name of any autonomous district],
(g) define the boundaries of any autonomous district:
1. Subs. by the State of Mizoram Act, 1986 (34 of 1986), s. 39, for certain words (w.e.f. 20 -2-
1987).
2. Paragraph 1 has been amended in its application to the State of Assam by the Sixth Schedule
to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, so as to insert the following
proviso after sub-paragraph (2), namely :— | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-556 | proviso after sub-paragraph (2), namely :—
"Provided that nothing in this sub-paragraph shall apply to the Bodoland Territorial Areas
District" (w.e.f. 7-9-2003).
3. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and
Eighth Sch., for "Part A" (w.e.f. 21-1-1972).
4. Subs. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 4, for "Part I and II" (w.e.f.
1-4-1985).
5. Ins. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and Fourth Sch.
(w.e.f. 2-4-1970).
311
Provided that no order shall be made by the Governor under clauses (c),
(d), (e) and (f) of this sub-paragraph except after consideration of the report of a
Commission appointed under sub-paragraph (1) of paragraph 14 of this Schedule:
1[Provided further that any order made by the Governor under this sub-
paragraph may contain such incidental and consequential provisions (including
any amendment of paragraph 20 and of any item in any of the Parts of the said
Table) as appear to the Governor to be necessary for giving effect to the
provisions of the order.]
2-3-42. Constitution of District Councils and Regional Councils.— | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-557 | provisions of the order.]
2-3-42. Constitution of District Councils and Regional Councils.—
5[(1) There shall be a District Council for each autonomous district consisting
of not more than thirty members, of whom not more than four persons shall be
nominated by the Governor and the rest shall be elected on the basis of adult
suffrage.]
1. Ins. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and Eighth
Sch. (w.e.f. 21-1-1972).
2. Paragraph 2 has been amended in its application to the State of Assam by the Sixth Schedule
to the Constitution (Amendment) Act, 2003(44 of 2003), s. 2, so as to insert the following
proviso after sub-paragraph (1), namely: —
“Provided that the Bodoland Territorial Council shall consist of not more than forty-
six members of whom forty shall be elected on the basis of adult suffrage, of whom thirty
shall be reserved for the Scheduled Tribes, five for non-tribal communities, five open for
all communities and the remaining six shall be nominated by the Governor having same
rights and privileges as other members, including voting rights, from amongst the un-
represented communities of the Bodoland Territorial Areas District, of which at least two
shall be women:”
3. Paragraph 2 has been amended in its application to the State of Assam by the Sixth Schedule | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-558 | shall be women:”
3. Paragraph 2 has been amended in its application to the State of Assam by the Sixth Schedule
to the Constitution (Amendment) Act, 1995(42 of 1995), s.2, so as to insert the following
proviso after sub-paragraph (3), namely :—
“Provided that the District Council constituted for the North Cachar Hills District
shall be called as the North Cachar Hills Autonomous Council and the District Council
constituted for the Karbi Anglong District shall be called as the Karbi Anglong
Autonomous Council.”
4. Paragraph 2 has been amended in its application to the State of Assam by the Sixth Schedule
to the Constitution (Amendment) Act, 2003(44 of 2003), s. 2, so as to insert the following
proviso after sub-paragraph (3), namely:—
“Provided further that the District Council constituted for the BodolandTerritorial
Areas District shall be called the Bodoland Territorial Council.”
5. Subs. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and Fourth
Sch., for sub-paraghaph (1) (w.e.f. 2-4-1970).
312
(2) There shall be a separate Regional Council for each area constituted
an autonomous region under sub-paragraph (2) of paragraph 1 of this Schedule. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-559 | 312
(2) There shall be a separate Regional Council for each area constituted
an autonomous region under sub-paragraph (2) of paragraph 1 of this Schedule.
(3) Each District Council and each Regional Council shall be a body
corporate by the name respectively of “the District Council of (name of
district)” and “the Regional Council of (name of region)”, shall have perpetual
succession and a common seal and shall by the said name sue and be sued.
(4) Subject to the provisions of this Schedule, the administration of an
autonomous district shall, in so far as it is not vested under this Schedule in any
Regional Council within such district, be vested in the District Council for such
district and the administration of an autonomous region shall be vested in the
Regional Council for such region.
(5) In an autonomous district with Regional Councils, the District
Council shall have only such powers with respect to the areas under the
authority of the Regional Council as may be delegated to it by the Regional
Council in addition to the powers conferred on it by this Schedule with respect
to such areas.
(6) The Governor shall make rules for the first constitution of District
Councils and Regional Councils in consultation with the existing tribal
Councils or other representative tribal organisations within the autonomous
districts or regions concerned, and such rules shall provide for— | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-560 | Councils or other representative tribal organisations within the autonomous
districts or regions concerned, and such rules shall provide for—
(a) the composition of the District Councils and Regional
Councils and the allocation of seats therein;
(b) the delimitation of territorial constituencies for the purpose of
elections to those Councils;
(c) the qualifications for voting at such elections and the
preparation of electoral rolls therefor;
(d) the qualifications for being elected at such elections as
members of such Councils;
(e) the term of office of members of 1[Regional Councils];
1. Subs. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and
Fourth Sch., for "such Councils" (w.e.f. 2-4-1970).
313
(f) any other matter relating to or connected with elections or
nominations to such Councils;
(g) the procedure and the conduct of business 1[(including the power
to act notwithstanding any vacancy)] in the District and Regional Councils;
(h) the appointment of officers and staff of the District and
Regional Councils.
1[(6A) The elected members of the District Council shall hold office for
a term of five years from the date appointed for the first meeting of the Council
after the general elections to the Council, unless the District Council is sooner
dissolved under paragraph 16 and a nominated member shall hold office at the
pleasure of the Governor: | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-561 | after the general elections to the Council, unless the District Council is sooner
dissolved under paragraph 16 and a nominated member shall hold office at the
pleasure of the Governor:
Provided that the said period of five years may, while a Proclamation of
Emergency is in operation or if circumstances exist which, in the opinion of the
Governor, render the holding of elections impracticable, be extended by the
Governor for a period not exceeding one year at a time and in any case where a
Proclamation of Emergency is in operation not extending beyond a period of
six months after the Proclamation has ceased to operate:
Provided further that a member elected to fill a casual vacancy shall hold
office only for the remainder of the term of office of the member whom he
replaces.]
(7) The District or the Regional Council may after its first constitution
make rules 1[with the approval of the Governor] with regard to the matters
specified in sub-paragraph (6) of this paragraph and may also make rules 1[with
like approval] regulating—
(a) the formation of subordinate local Councils or Boards and
their procedure and the conduct of their business; and
(b) generally all matters relating to the transaction of business
pertaining to the administration of the district or region, as the case
may be: | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-562 | pertaining to the administration of the district or region, as the case
may be:
1. Ins. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and
Fourth Sch. (w.e.f. 2-4-1970).
314
Provided that until rules are made by the District or the Regional Council
under this sub-paragraph the rules made by the Governor under sub-paragraph
(6) of this paragraph shall have effect in respect of elections to, the officers and
staff of, and the procedure and the conduct of business in, each such Council.
1* * *
2-3-43. Powers of the District Councils and Regional Councils to make
laws.—(1) The Regional Council for an autonomous region in
1. Second proviso omitted by s. 74 and Fourth Sch. of the Assam Reorganisation (Meghalaya)
Act, 1969 (55 of 1969) (w.e.f. 2-4-1970).
2. Paragraph 3 has been amended in its application to the State of Assam by the Sixth Schedule to the
Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, so as to substitute sub-paragraph (3) as
under (w.e.f. 7-9-2003),—
“(3) Save as otherwise provided in sub-paragraph (2) of paragraph 3A or sub-
paragraph (2) of paragraph 3B, all laws made under this paragraph or sub-paragraph (1) of | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-563 | paragraph (2) of paragraph 3B, all laws made under this paragraph or sub-paragraph (1) of
paragraph 3A or sub-paragraph (1) of paragraph 3B shall be submitted forthwith to the
Governor and, until assented to by him, shall have no effect.” .
3. After paragraph 3, the following paragraph has been inserted in its application to the State of
Assam by the Sixth Schedule to the Constitution (Amendment) Act, 1995 (42 of 1995), s. 2,
namely: —
“3A. Additional powers of the North Cachar Hills Autonomous Council and the
Karbi Anglong Autonomous Council to make laws.—(1) Without prejudice to the
provisions of paragraph 3, the North Cachar Hills Autonomous Council and the Karbi
Anglong Autonomous Council within their respective districts, shall have power to make
laws with respect to—
(a) industries, subject to the provisions of entries 7 and 52 of List I of the Seventh
Schedule;
(b) communications, that is to say, roads, bridges, ferries and other means of
communication not specified in List I of the Seventh Schedule; municipal
tramways, ropeways, inland waterways and traffic thereon subject to the provisions | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-564 | communication not specified in List I of the Seventh Schedule; municipal
tramways, ropeways, inland waterways and traffic thereon subject to the provisions
of List I and List III of the Seventh Schedule with regard to such waterways;
vehicles other than mechanically propelled vehicles;
(c) preservation, protection and improvement of stock and prevention of animal
diseases; veterinary training and practice; cattle pounds;
(d) primary and secondary education;
(e) agriculture, including agricultural education and research, protection against pests
and prevention of plant diseases;
(f) fisheries;
315
(Foot-note Continue),—
(g) water, that is to say, water supplies, irrigation and canals, drainage and
embankments, water storage and water power subject to the provisions of entry 56
of List I of the Seventh Schedule;
(h) social security and social insurance; employment and unemployment;
(i) flood control schemes for protection of villages, paddy fields, markets, towns, etc.
(not of technical nature);
(j) theatre and dramatic performances, cinemas subject to the provisions of entry 60 of
List I of the Seventh Schedule; sports, entertainments and amusements;
(k) public health and sanitation, hospitals and dispensaries;
(l) minor irrigation;
(m) trade and commerce in, and the production supply and distribution of, food stuffs,
cattle fodder, raw cotton and raw jute;
(n) libraries, museums and other similar institutions controlled or financed by the | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-565 | cattle fodder, raw cotton and raw jute;
(n) libraries, museums and other similar institutions controlled or financed by the
State; ancient and historical monuments and records other than those declared by or
under any law made by Parliament to be of national importance; and
(o) alienation of land.
(2) All laws made by the North Cachar Hills Autonomous Council and the Karbi
Anglong Autonomous Council under paragraph 3 or under this paragraph shall, in so far as
they relate to matters specified in List III of the Seventh Schedule, be submitted forthwith to
the Governor who shall reserve the same for the consideration of the President.
(3) When a law is reserved for the consideration of the President, the President shall
declare either that he assents to the said law or that he withholds assent therefrom:
Provided that the President may direct the Governor to return the law to the North Cachar
Hills Autonomous Council or the Karbi Anglong Autonomous Council, as the case may be,
together with a message requesting that the said Council will reconsider the law or any
specified provisions thereof and, in particular, will, consider the desirability of introducing
any such amendments as he may recommend in his message and, when the law is so
returned, the said Council shall consider the law accordingly within a period of six months
from the date of receipt of such message and, if the law is again passed by the said Council | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-566 | returned, the said Council shall consider the law accordingly within a period of six months
from the date of receipt of such message and, if the law is again passed by the said Council
with or without amendment it shall be presented again to the President for his
consideration.".
4. After paragraph 3A, the following paragraph has been inserted in its application to the State of
Assam by the Sixth Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2,
namely:—
3B. Additional powers of the Bodoland Territorial Council to make laws.—(1)
Without prejudice to the provisions of paragraph 3, the Bodoland Territorial Council within
its areas shall have power to make laws with respect to :—
(i) agriculture, including agricultural education and research, protection against
pests and prevention of plant diseases; (ii) animal husbandry and veterinary, that is to
say, preservation, protection and improvement of stock and prevention of animal
316
diseases, veterinary training and practice, cattle pounds; (iii) co-operation; (iv) cultural
affairs; (v) education, that is to say, primary education, higher secondary including vocational
training, adult education, college education (general); (vi) fisheries; (vii) flood control for | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-567 | training, adult education, college education (general); (vi) fisheries; (vii) flood control for
protection of village, paddy fields, markets and towns (not of technical nature); (viii) Food and
civil supply; (ix) forests (other than reserved forests); (x) handloom and textile; (xi) health
and family welfare, (xii) intoxicating liquors, opium and derivatives, subject to the provisions of
entry 84 of List I of the Seventh Schedule; (xiii) irrigation; (xiv) labour and employment; (xv)
land and revenue; (xvi) library services (financed and controlled by the State Government);
(xvii) lotteries (subject to the provisions of entry 40 of List I of the Seventh Schedule), theatres,
dramatic performances and cinemas (subject to the provisions of entry 60 of List I of the
Seventh Schedule); (xviii) markets and fairs; (xix) municipal corporation, improvement trust,
district boards and other local authorities; (xx) museum and archaeology institutions controlled
or financed by the State, ancient and historical monuments and records other than those
declared by or under any law made by Parliament to be of national importance; (xxi)
panchayat and rural development; (xxii) planning and development; (xxiii) printing and | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-568 | panchayat and rural development; (xxii) planning and development; (xxiii) printing and
stationery; (xxiv) public health engineering; (xxv) public works department; (xxvi) publicity
and public relations; (xxvii) registration of births and deaths; (xxviii) relief and rehabilitation;
(xxix) sericulture; (xxx) small, cottage and rural industry subject to the provisions of entries 7
and 52 of List I of the Seventh Schedule; (xxxi) social Welfare; (xxxii) soil conservation;
(xxxiii) sports and youth welfare; (xxxiv) statistics; (xxxv) tourism; (xxxvi) transport (roads,
bridges, ferries and other means of communications not specified in List I of the Seventh
Schedule, municipal tramways, ropeways, inland waterways and traffic thereon subject to the
provision of List I and List III of the Seventh Schedule with regard to such waterways, vehicles
other than mechanically propelled vehicles); (xxxvii) tribal research institute controlled and
financed by the State Government; (xxxviii) urban development—town and country
planning; (xxxix) weights and measures subject to the provisions of entry 50 of List I of the
Seventh Schedule; and (xl) Welfare of plain tribes and backward classes:
Provided that nothing in such laws shall—
(a) extinguish or modify the existing rights and privileges of any citizen in | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-569 | Provided that nothing in such laws shall—
(a) extinguish or modify the existing rights and privileges of any citizen in
respect of his land at the date of commencement of this Act; and
(b) disallow and citizen from acquiring land either by way of inheritance,
allotment, settlement or by any other way of transfer if such citizen is otherwise
eligible for such acquisition of land within the Bodoland Territorial Areas District.
(2) All laws made under paragraph 3 or under this paragraph shall in so far as they relate
to matters specified in List III of the Seventh Schedule, be submitted forthwith to the Governor
who shall reserve the same for the consideration of the President.
(3) When a law is reserved for the consideration of the President, the President shall
declare either that he assents to the said law or that he withholds assent therefrom:
Provided that the President may direct the Governor to return the law to the Bodoland
Territorial Council, together with the message requesting that the said Council will reconsider
the law or any specified provisions thereof and, in particular, will consider the desirability of
introducing any such amendments as he may recommend in his message and, when the law is
so returned, the said Council shall consider the law accordingly within a period of six months
from the date of receipt of such message and, if the law is again passed by the said Council with
or without amendments it shall be presented again to the President for his consideration.”.
317 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-570 | from the date of receipt of such message and, if the law is again passed by the said Council with
or without amendments it shall be presented again to the President for his consideration.”.
317
respect of all areas within such region and the District Council for an
autonomous district in respect of all areas within the district except those which
are under the authority of Regional Councils, if any, within the district shall
have power to make laws with respect to—
(a) the allotment, occupation or use, or the setting apart, of land,
other than any land which is a reserved forest for the purposes of
agriculture or grazing or for residential or other non-agricultural
purposes or for any other purpose likely to promote the interests of the
inhabitants of any village or town:
Provided that nothing in such laws shall prevent the compulsory
acquisition of any land, whether occupied or unoccupied, for public
purposes 1[by the Government of the State concerned] in accordance
with the law for the time being in force authorising such acquisition;
(b) the management of any forest not being a reserved forest;
(c) the use of any canal or water-course for the purpose of
agriculture;
(d) the regulation of the practice of jhum or other forms of shifting
cultivation;
(e) the establishment of village or town committees or councils
and their powers; | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-571 | cultivation;
(e) the establishment of village or town committees or councils
and their powers;
(f) any other matter relating to village or town administration,
including village or town police and public health and sanitation;
(g) the appointment or succession of Chiefs or Headmen;
(h) the inheritance of property;
2[(i) marriage and divorce;]
(j) social customs.
(2) In this paragraph, a “reserved forest” means any area which is a
reserved forest under the Assam Forest Regulation, 1891, or under any other
law for the time being in force in the area in question.
1. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and
Eighth Sch., for certain words (w.e.f. 21-1-1972).
2. Subs. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and
Fourth Sch., for cl. (i) (w.e.f. 2-4-1970).
318
(3) All laws made under this paragraph shall be submitted forthwith to
the Governor and, until assented to by him, shall have no effect.
1 4. Administration of
in autonomous districts and
justice
autonomous regions.—(1) The Regional Council for an autonomous region in
respect of areas within such region and the District Council for an autonomous | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-572 | in autonomous districts and
justice
autonomous regions.—(1) The Regional Council for an autonomous region in
respect of areas within such region and the District Council for an autonomous
district in respect of areas within the district other than those which are under
the authority of the Regional Councils, if any, within the district may constitute
village councils or courts for the trial of suits and cases between the parties all
of whom belong to Scheduled Tribes within such areas, other than suits and
cases to which the provisions of sub-paragraph (1) of paragraph 5 of this
Schedule apply, to the exclusion of any court in the State, and may appoint
suitable persons to be members of such village councils or presiding officers of
such courts, and may also appoint such officers as may be necessary for the
administration of the laws made under paragraph 3 of this Schedule.
(2) Notwithstanding anything in this Constitution, the Regional Council
for an autonomous region or any court constituted in that behalf by the
Regional Council or, if in respect of any area within an autonomous district
there is no Regional Council, the District Council for such district, or any court
constituted in that behalf by the District Council, shall exercise the powers of a
court of appeal in respect of all suits and cases triable by a village council or
court constituted under sub-paragraph (1) of this paragraph within such region | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-573 | court constituted under sub-paragraph (1) of this paragraph within such region
or area, as the case may be, other than those to which the provisions of sub-
paragraph (1) of paragraph 5 of this Schedule apply, and no other court except
the High Court and the Supreme Court shall have jurisdiction over such suits or
cases.
(3) The High Court 2*** shall have and exercise such jurisdiction over
the suits and cases to which the provisions of sub-paragraph (2) of this
paragraph apply as the Governor may from time to time by order specify.
1. Paragraph 4 has been amended in its application to the State of Assam by the Sixth Schedule to
the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, (w.e.f. 7-9-2003) so as to insert
the following sub-paragraph after sub-paragraph (5), namely:—
“(6) Nothing in this paragraph shall apply to the Bodoland Territorial Council
constituted under the proviso to sub-paragraph (3) of paragraph 2 of this Schedule.” .
2. The words "of Assam" omitted by the North-Eastern Areas (Reorganisation) Act, 1971 (81
of 1971), s. 71(i) and Eighth Sch. (w.e.f. 21-1-1972).
319
(4) A Regional Council or District Council, as the case may be, may | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-574 | 319
(4) A Regional Council or District Council, as the case may be, may
with the previous approval of the Governor make rules regulating —
(a) the constitution of village councils and courts and the powers
to be exercised by them under this paragraph;
(b) the procedure to be followed by village councils or courts in the
trial of suits and cases under sub-paragraph (1) of this paragraph;
(c) the procedure to be followed by the Regional or District Council
or any court constituted by such Council in appeals and other proceedings
under sub-paragraph (2) of this paragraph;
(d) the enforcement of decisions and orders of such councils and
courts;
(e) all other ancillary matters for the carrying out of the provisions
of sub-paragraphs (1) and (2) of this paragraph.
1[(5) On and from such date as the President may, 2[after consulting the
Government of the State concerned], by notification appoint in this behalf, this
paragraph shall have effect in relation to such autonomous district or region as
may be specified in the notification, as if—
(i) in sub-paragraph (1), for the words “between the parties all of
whom belong to Scheduled Tribes within such areas, other than suits and
cases to which the provisions of sub-paragraph (1) of paragraph 5 of this
Schedule apply,”, the words “not being suits and cases of the nature
referred to in sub-paragraph (1) of paragraph (5) of this Schedule, which | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-575 | referred to in sub-paragraph (1) of paragraph (5) of this Schedule, which
the Governor may specify in this behalf,” had been substituted;
(ii) sub-paragraphs (2) and (3) had been omitted;
(iii) in sub-paragraph (4)—
(a) for the words “A Regional Council or District Council, as
the case may be, may with the previous approval of the Governor
make rules regulating”, the words “the Governor may make rules
regulating” had been substituted; and
(b) for clause (a), the following clause had been substituted,
namely:—
1. Ins. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and
Fourth Sch. (w.e.f. 2-4-1970).
2. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and
Eighth Sch., for certain words (w.e.f. 21-1-1972).
320
“(a) the constitution of village councils and courts, the
powers to be exercised by them under this paragraph and the
courts to which appeals from the decisions of village councils
and courts shall lie;”;
(c) for clause (c), the following clause had been substituted,
namely:—
“(c) the transfer of appeals and other proceedings
pending before the Regional or District Council or any court
constituted by such Council immediately before the date | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-576 | pending before the Regional or District Council or any court
constituted by such Council immediately before the date
appointed by the President under sub-paragraph (5);”; and
(d) in clause (e), for the words, brackets and figures “sub-
paragraphs (1) and (2)”, the word, brackets and figure “sub-
paragraph (1)” had been substituted.]
5. Conferment of powers under the Code of Civil Procedure, 1908,
and the Code of Criminal Procedure, 18981, on the Regional and District
Councils and on certain courts and officers for the trial of certain suits,
cases and offences.—(1) The Governor may, for the trial of suits or cases
arising out of any law in force in any autonomous district or region being a law
specified in that behalf by the Governor, or for the trial of offences punishable
with death, transportation for life, or imprisonment for a term of not less than
five years under the Indian Penal Code or under any other law for the time
being applicable to such district or region, confer on the District Council or the
Regional Council having authority over such district or region or on courts
constituted by such District Council or on any officer appointed in that behalf
by the Governor, such powers under the Code of Civil Procedure, 1908, or, as
the case may be, the Code of Criminal Procedure, 18981, as he deems | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-577 | the case may be, the Code of Criminal Procedure, 18981, as he deems
appropriate, and thereupon the said Council, court or officer shall try the suits,
cases or offences in exercise of the powers so conferred.
(2) The Governor may withdraw or modify any of the powers conferred
on a District Council, Regional Council, court or officer under sub-paragraph
(1) of this paragraph.
(3) Save as expressly provided in this paragraph, the Code of Civil
Procedure, 1908, and the Code of Criminal Procedure, 18981, shall not apply to
the trial of any suits, cases or offences in an autonomous district or in any
autonomous region to which the provisions of this paragraph apply.
1. See the Code of Criminal Procedure, 1973 ( 2 of 1974).
321
1 [(4) On and from the date appointed by the President under sub-
paragraph (5) of paragraph 4 in relation to any autonomous district or
autonomous region, nothing contained in this paragraph shall, in its application
to that district or region, be deemed to authorise the Governor to confer on the
District Council or Regional Council or on courts constituted by the District
Council any of the powers referred to in sub-paragraph (1) of this paragraph.]
2[6. Powers of the District Council to establish primary schools, | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-578 | 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. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-579 | 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. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-580 | 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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-581 | (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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-582 | (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). | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-583 | 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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-584 | 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— | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-585 | 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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-586 | * * *
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,- | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-587 | 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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-588 | 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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-589 | 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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-590 | 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, | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-591 | 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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-592 | 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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-593 | 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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-594 | 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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-595 | 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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-596 | 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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-597 | 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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-598 | 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, | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-599 | 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 | https://legislative.gov.in/sites/default/files/COI...pdf |