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TMI BlogAmendment of Sixth ScheduleX X X X Extracts X X X X X X X X Extracts X X X X ..... 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 4 [ any of the Parts] of the said table, (b) exclude any area from 5 [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, 6 [(ff) alter the name of any autonomous district,] (g) define the boundaries of any autonomous district: 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 provisio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... withstanding any vacancy)] in the District and Regional Councils; (h) the appointment of officers and staff of the District and Regional Councils. 12 [(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: 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 13 [ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ragraph, 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. (3) All laws made under this paragraph shall be submitted forthwith to the Governor and, until assented to by him, shall have no effect. 18a [ 4. Administration of justice in autonomous districts and 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 t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts and cases of the nature 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:- (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 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 ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 27 *** 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. 28 [(2) The Governor may make rules for the management of the District Fund, or, as the case may be, the Regional Fun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 30 [and every such regulation shall be submitted forthwith to the Governor and, until assented to by him, shall have no effect.] 31 [ 9. 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 32 [the Government of the State] in respect of any area within an autonomous district as may be agreed upon between 33 [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. 34 10. Power of District Council to make regulations for t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or restricting the consumption of any non-distilled alcoholic liquor shall apply to any autonomous district or autonomous region 39 [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 40 [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 41 [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. 42 [12A. Application of Acts of Parliament and of the Legislature of the State of Meghalaya to autonomous distr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... islature 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 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 L ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. (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 regarding the action proposed to be taken thereon by 45 [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. 46 [15. Annulment or suspension of acts and resolutions of District and Regional Councils - (1) If at ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Legislature of the State. 50 [(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, 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 the State Legislature.] 50a [ 17. Exclusion of areas from autonomous districts in forming ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 62 [Any reference in Part I, Part II or Part III of the table below] to any district shall be construed as a reference to the territories comprised within the autonomous district of that name existing immediately before the day appointed under clause (b) of section 2 of the North-Eastern Areas (Reorganisation) Act, 1971: Provided that for the purposes of clauses (e) and (f) of sub-paragraph (1) of paragraph 3, paragraph 4, paragraph 5, paragraph 6, sub-paragraph (2), clauses (a), (b) and (d) of sub-paragraph (3) and sub-paragraph (4) of paragraph 8 and clause (d) of sub-paragraph (2) of paragraph 10 of this Schedule, no part of the area comprised within the municipality of Shillong shall be deemed to be within the 63 [Khasi Hills District]. 64 [(3) The reference in Part IIA in the table below to the Tripura Tribal Areas District shall be construed as a reference to the territory comprising the tribal areas specified in the First Schedule to the Tripura Tribal Areas Autonomous District Council Act, 1979.] TABLE Part I 1. The North Cachar Hills District. 2. 65 [The Karbi Anglong District.] 3. 65a [The Bodoland Territorial Areas D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion existing immediately before the prescribed date in the Union territory of Mizoram shall, on and from that date, be an autonomous district in that Union territory (hereafter referred to as the corresponding new district) and the Administrator thereof may, by one or more orders, direct that such consequential amendments as are necessary to give effect to the provisions of this clause shall be made in paragraph 20 of this Schedule (including Part III of the table appended to that paragraph) and thereupon the said paragraph and the said Part III shall be deemed to have been amended accordingly; (b) every Regional Council of an autonomous region in the Union territory of Mizoram existing immediately before the prescribed date (hereafter referred to as the existing Regional Council) shall, on and from that date and until a District Council is duly constituted for the corresponding new district, be deemed to be the District Council of that district (hereafter referred to as the corresponding new District Council). (2) Every member whether elected or nominated of an existing Regional Council shall be deemed to have been elected or, as the case may be, nominated to the correspondi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re were references to the Legislative Assembly of the Union territory of Mizoram; (2) as if- (a) in sub-paragraph (5) of paragraph 4, the provision for consultation with the Government of the State concerned had been omitted; (b) in sub-paragraph (2) of paragraph 6, for the words to which the executive power of the State extends , the words with respect to which the Legislative Assembly of the Union territory of Mizoram has power to make laws had been substituted; (c) in paragraph 13, the words and figures under article 202 had been omitted.]] 21. Amendment of the Schedule - (1) Parliament may from time to time by law amend by way of addition, variation or repeal any of the provisions of this Schedule and, when the Schedule is so amended, any reference to this 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. ******************************** Notes : 1. Substituted by the State of Mizoram Act, 1986 (34 of 1986) Section 39, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted for the Karbi Anglong District shall be called as the Karbi Anglong Autonomous Council. *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 the proviso in sub-paragraph (3), namely:- Provided further that the District Council constituted for the Bodoland Territorial Areas District shall be called the Bodoland Territorial Council. 9. Substituted by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), Section 74 and Fourth Schedule , for sub-paragraph (1) (w.e.f. 2-4-1970). 10. 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). 11. Inserted by Section 74 and Fourth Schedule ibid. (w.e.f. 2-4-1970). 12. Inserted by Section 74 and Fourth Schedule ibid. (w.e.f. 2-4-1970). 13. Substituted by Section 74 and Fourth Schedule , ibid., (w.e.f. 2-4-1970). 14. Ins. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and Fourth Sch. (w.e.f. 2-4-1970). 15. Second proviso omitted by s. 74 and Fourth Sch., ibid. (w. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 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 Coun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 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 stationery; (xxiv) pubic 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 plan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... edule. . 19. 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). 20. Inserted by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), Section 74 and Fourth Schedule (w.e.f. 2-4-1970). 20a. 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). 21. See Now the Code of Criminal Procedure, 1973 (2 of 1974). 22. See Now the Code of Criminal Procedure, 1973 (2 of 1974). 23. See Now the Code of Criminal Procedure, 1973 (2 of 1974). 24. Inserted by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), Section 74 and Fourth Schedule (w.e.f. 2-4-1970). 25. Subs. by s. 74 and Fourth Sch., ibid., for paragraph 6 (w.e.f. 2-4-1970). 26. Substituted by the Repealing and Amending Act, 1974 (56 of 1974), Section 4, for cattle ponds . 27. The words of Assam or Meghalaya, as the case may be, omitted by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), Section 71(i) and Eighth Schedule (w.e.f. 21-1-1972). 28. Substituted by the Assam Reorganisation (Meghal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the State of Assam by the Sixth Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, 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 paragrah 3A or 3B of this Schedule shall be substituted. 36. 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). 37. Substituted by Section 71(i) and Eighth Schedule , ibid., for Legislature of the State (w.e.f. 21-1-1972). 38. Substituted by Section 71(i) and Eighth Schedule , ibid., for Legislature of the State (w.e.f. 21-1-1972). 39. Inserted by Section 71(i) and Eighth Schedule , ibid. (w.e.f. 21-1-1972). 40. Substituted by Section 71(i) and Eighth Schedule , ibid., for Legislature of the State (w.e.f. 21-1-1972). 41. Inserted by Section 71(i) and Eighth Schedule , ibid. (w.e.f. 21-1-1972). 42. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and Eighth Sch., for paragraph 12A (w.e.f. 21-1-1972). ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, so as to insert the following proviso, namely:- Provided that nothing in this paragraph shall apply to the Bodoland Territorial Areas District. . 51. Substituted by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), Section 71(i) and Eighth Schedule , for the Legislative Assembly of Assam (w.e.f. 21-1-1972). 52. Inserted by the Constitution (Forty-ninth Amendment) Act, 1984, Section 4 (w.e.f. 1-4-1985). 53. Inserted by the State of Mizoram Act, 1986 (34 of 1986), Section 39 (w.e.f. 20-2-1987). 54. Inserted by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), Section 71 and Eighth Schedule (w.e.f. 21-1-1972). 55. Ins. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 4 (w.e.f. 1-4-1985). 56. Inserted by the State of Mizoram Act, 1986 (34 of 1986), Section 39 (w.e.f. 20-2-1987). 57. Paragraph 18 omitted by Section 71(i) and Eighth Schedule , ibid. (w.e.f. 21-1-1972). 57a. Paragraph 19 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 sub-p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... published in the Mizoram Gazette, 1972, dated the 5th May, 1972, Vol. I, Part II, p. 17 (w.e.f. 29-4-1972). 70. Substituted by the Sixth Schedule to the Constitution (Amendment) Act, 1988 (67 of 1988), Section 2, for serial numbers 2 and 3 and the entries relating thereto. 71. Substituted by the Government of Union Territories (Amendment) Act, 1971 (83 of 1971), Section 13, for paragraph 20A (w.e.f. 29-4-1972). 72. After paragraph 20B, 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), Section 2, namely:- 20BA. Exercise of discretionary powers by the Governor in the discharge of his functions - The Governor in the discharge of his functions under sub-paragraphs (2) and (3) of paragraph 1, sub-paragraphs (1), (6), sub-paragraph (6A) excluding the first proviso and sub-paragraph (7) of paragraph 2, sub-paragraph (3) of paragraph 3, sub-paragraph (4) of paragraph 4, paragraph 5, sub-paragraph (1) of paragraph 6, sub-paragraph (2) of paragraph 7, sub-paragraph (4) of paragraph 8, sub-paragraph (3) of paragraph 9, sub-paragraph (3) of paragraph 10, sub-paragraph (1) ..... X X X X Extracts X X X X X X X X Extracts X X X X
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