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TMI BlogSIXTH SCHEDULEX X X X Extracts X X X X X X X X Extracts X X X X ..... strict: 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: 7[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.] 82. Constitution of District Councils and Regional Councils - 9[(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.] (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 & ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lding 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 13[with the approval of the Governor] with regard to the matters specified in sub-paragraph (6) of this paragraph and may also make rules 14[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: 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 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 c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 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, 189821, 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 Counc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch 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. 28[(2) The Governor may make rules for the management of the District Fund, or, as the case may be, the Regional Fund and for the procedure to be followed in respect of payment of money into the said Fund, the withdrawal of moneys therefrom, the custody of moneys therein and any other matter connected with or ancillary to the matters aforesaid. (3) The accounts of the District Council or, as the case may be, the Regional Council shall be kept in such form as the Comptroller and Auditor-General of India may, with the approval of the President, prescribe. (4) The Comptroller and Auditor-General shall cause the accounts of the District and Regional Councils to be audited in such manner as he may think fit, and the reports of the Comptroller and Auditor-General relating to such accounts shall be submitted to the Governor who shall cause them to be laid before the Coun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 3410. 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 Schedu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt 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. 42[12A. Application of Acts of Parliament and of the Legislature of the State of Meghalaya to autonomous districts and autonomous regions in the State of Meghalaya - Notwithstanding anything in this Constitution - (a) if 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te 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 to such district or region, or any part ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 46[15. Annulment or suspension of acts and resolutions of District and Regional Councils - (1) If at any time the Governor is satisfied that an act or resolution of a District or a Regional Council is likely to endanger the safety of India 47[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 continuan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate 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 the State Legislature.] 50a[17. Exclusion of areas from autonomous districts in forming constituencies in such districts - For the purposes of elections to 51[the Legislative Assembly of Assam or Meghalaya] 52[or Tripura] 53[or Mizoram], the Governor may by order declare that any area within an autonomous district 54[in the State of Assam or Meghalaya 55[or Tripura] 56[or Mizoram], as the case may be, shall not form part of any constituency to fill a seat or seats in the Assembly reserved for any such district but shall form part of a constituency to fill a seat or seats in the Assembly not so reserved to be specified in the order. 57***** 57a19. Transitional provisions - (1) As soon as possible after the commencement of this Constitution the Governor shall take steps for the constitution of a District Council for each autonomous district in the State under this Schedule and, until a District Council is so constituted for an autonomous district, the administration of such district shall be vested in the Governor and the following provisions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt I 1. The North Cachar Hills District. 2. 65[The Karbi Anglong District.] 3. 65a[The Bodoland Territorial Areas District.] Part II 66[1. Khasi Hills District. 2. Jaintia Hills District.] 3. The Garo Hills District. 67[Part IIA Tripura Tribal Areas District.] Part III 68***** 69[1. The Chakma District. 70[2. The Mara District. 3. The Lai District.]] 71[20A. Dissolution of the Mizo District Council-(1) Notwithstanding anything in this Schedule, the District Council of the Mizo District existing immediately before the prescribed date (hereinafter referred to as the Mizo District Council) shall stand dissolved and cease to exist. (2) The Administrator of the Union territory of Mizoram may, by one or more orders, provide for all or any of the following matters, namely:- (a) the transfer, in whole or in part, of the assets, rights and liabilities of the Mizo District Council (including the rights and liabilities under any contract made by it) to the Union or to any other authority; (b) the substitution of the Union or any other authority for the Mizo District Council, or the addition of the Union or any other authority, as a party to any legal proceedings to which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case may be, nominated to the corresponding new District Council and shall hold office until a District Council is duly constituted for the corresponding new district under this Schedule. (3) Until rules are made under sub-paragraph (7) of paragraph 2 and sub-paragraph (4) of paragraph 4 of this Schedule by the corresponding new District Council, the rules made under the said provisions by the existing Regional Council and in force immediately before the prescribed date shall have effect in relation to the corresponding new District Council subject to such adaptations and modifications as may be made therein by the Administrator of the Union territory of Mizoram. (4) The Administrator of the Union territory of Mizoram may, by one or more orders, provide for all or any of the following matters, namely:- (a) the transfer in whole or in part of the assets, rights and liabilities of the existing Regional Council (including the rights and liabilities under any contract made by it) to the corresponding new District Council; (b) the substitution of the corresponding new District Council for the existing Regional Council as a party to the legal proceedings to which the existing Regiona ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 39, for certain words (w.e.f. 20-2-1987). *Paragraph 1 has been amended in its application to the State of Assam by the Sixth Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, so as to insert the following proviso after sub-paragraph (2), namely:- "Provided that nothing in this sub-paragraph shall apply to the Bodoland Territorial Areas District." 2. Substituted by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), Section 71(i) and Eighth Schedule , for "Part A" (w.e.f. 21-1-1972). 3. Substituted by the Constitution (Forty-ninth Amendment) Act, 1984, Section 4, for "Parts I and II" (w.e.f. 1-4-1985). 4. Substituted by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), Section 71(i) and Eighth Schedule , for "Part A" (w.e.f. 21-1-1972). 5. Substituted by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), Section 71(i) and Eighth Schedule , for "Part A" (w.e.f. 21-1-1972). 6. Ins. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and Fourth Sch. (w.e.f. 2-4-1970). 7. Inserted by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 15. Second proviso omitted by s. 74 and Fourth Sch., ibid. (w.e.f. 2-4-1970). 16. Paragraph 3 has been amended in its application to the State of Assam by the Sixth Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, so as to substitute sub-paragraph (3) as under, - "(3) Save as otherwise provided in sub-paragraph (2) of paragraph 3A or sub-paragraph (2) of paragraph 3B, all laws made under this paragraph or sub-paragraph (1) of paragraph 3A or sub-paragraph (1) of paragraph 3B shall be submitted forthwith to the Governor and, until assented to by him, shall have no effect."; After paragraph 3, the following paragraph has been inserted in its application to the State of Assam by the Sixth Schedule to the Constitution (Amendment) Act, 1995 (42 of 1995), s. 2, namely: - "3A. Additional powers of the North Cachar Hills Autonomous Council and the Karbi Anglong Autonomous Council to make laws.-(1) Without prejudice to the provisions of paragraph 3, the North Cachar Hills Autonomous Council and the Karbi Anglong Autonomous Council within their respective districts, shall have power to make laws with respect to- (a) industries, subject to the provisi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Karbi Anglong Autonomous Council, as the case may be, together with a message requesting that the said Council will reconsider the law or any specified provisions thereof and, in particular, will, consider the desirability of introducing any such amendments as he may recommend in his message and, when the law is so returned, the said Council shall consider the law accordingly within a period of six months from the date of receipt of such message and, if the law is again passed by the said Council with or without amendment it shall be presented again to the President for his consideration.". After paragraph 3A, the following paragraph has been inserted in its application to the State of Assam by the Sixth Schedule to the Constitution (Amendment) Act, 2003, (44 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, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 respect of his land at the date of commencement of this Act; and (b) disallow any 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 re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Substituted by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), Section 74 and Fourth Schedule , for sub-paragraph (2) (w.e.f. 2-4-1970). 29. Substituted by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), Section 71(i) and Eighth Schedule , for certain words (w.e.f. 21-1-1972). 30. Inserted by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), Section 74 and Fourth Schedule (w.e.f. 2-4-1970). 31. 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), Section 2, 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).". 32. Substituted by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), Section 71(i) and Eighth Schedule , for "the Government of Assam" (w.e.f. 21-1-19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and Eighth Sch., for paragraph 12A (w.e.f. 21-1-1972). 42a. Subs. by the Sixth Schedule to the Constitution (Amendment) Act, 1988 (67 of 1988), s. 2, for paragraphs 12AA and 12B. Paragraph 12AA was ins. by the Constitution (Forty ninth Amendment) Act, 1984, s. 4 (w.e.f. 1-4-1985). 43. The words "of Assam" omitted by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), Section 71(i) and Eighth Schedule (w.e.f. 21-1-1972). 44. 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), Section 2, as under:- 'in paragraph 14, in sub-paragraph (2), the words "with the recommendations of the Governor with respect thereto" shall be omitted.'. 45. Substituted by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), Section 71(i) and Eighth Schedule , for "the Government of Assam" (w.e.f. 21-1-1972). 46. 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), ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been amended in its application to the State of Assam by the Sixth Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003) s. 2, so as to insert the following sub-paragraph after sub-paragraph (3), namely :- "(4) As soon as possible after the commencement of this Act, and Interim Executive Council for Bodoland Territorial Areas District in Assam shall be formed by the Governor from amongst leaders of the Bodo movement, including the signatories to the Memorandum of Settlement, and shall provide adequate representation to the non-tribal communities in that area: Provided that Interim Council shall be for a period of six months during which endeavour to hold the election to the Council shall be made. Explanation.-For the purposes of this sub-paragraph, the expression "Memorandum of Settlement" means the Memorandum signed on the 10th day of February, 2003 between Government of India, Government of Assam and Bodo Liberation Tigers.". 58. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71 (i) and Eighth Sch., for paragraphs 20 and 20A (w.e.f. 21-1-1972). 59. Inserted by the Constitution (Forty-ninth Amendment) Act, 1984, Sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ph 5, sub-paragraph (1) of paragraph 6, sub-paragraph (2) of paragraph 7, sub-paragraph (4) of paragraph 8, sub-paragraph (3) of paragraph 9, sub-paragraph (3) of paragraph 10, sub-paragraph (1) of paragraph 14, sub-paragraph (1) of paragraph 15 and sub-paragraphs (1) and (2) of paragraph 16 of this Schedule, shall, after consulting the Council of Ministers and the North Cachar hills Autonomous Council or the Karbi Anglong Autonomous Council, as the case may be, take such action as he considers necessary in his discretion.". After paragraph 20BA as so inserted, the following paragraph has been inserted in its application to the States of Tripura and Mizoram, by the Sixth schedule to the Constitution (Amendment) Act, 1988 (67 of 1988), Section 2, namely:- "20BB. Exercise of discretionary powers by the Governor in the discharge of his functions - The Governor, in the discharge of his functions under sub-paragraphs (2) and (3) of paragraph 1, sub-paragraphs (1) and (7) of paragraph 2, sub-paragraph (3) of paragraph 3, sub-paragraph (4) of paragraph 4, paragraph 5, sub-paragraph (1) of paragraph 6, sub-paragraph (2) of paragraph 7, sub-paragraph (3) of paragraph 9, sub-para ..... X X X X Extracts X X X X X X X X Extracts X X X X
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