(g) define the boundaries of any autonomous district:
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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:
_474[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.]
_475 2. Constitution of District Councils and Regional Councils.-
_476[(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.
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(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-
(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;
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(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 _477[Regional Councils];
(f) any other matter relating to or connected with elections or
nominations to such Councils;
(g) the procedure and the conduct of business _478[(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.
_478[(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:
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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 _477[with the approval of the Governor] with
regard to the matters specified in sub-paragraph (6) of this paragraph
and may also make rules _477[with like approval] regulating-
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(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 the procedure and the
conduct of business in, each such Council.
_479* * * * *
_480 3. Powers of the District Councils and Regional Councils to
make laws.- (1) The Regional Council for an autonomous region in
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-
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(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 _481[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;
(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;
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_482[(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.
(3) All laws made under this paragraph shall be submitted forthwith to
the Governor and, until assented to by him, shall have no effect.
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 Reginal Councils, if any, within
the district may constitute vilage 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
provisons 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.
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(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 court except the High Court and the Supreme Court shall
have jurisdiction over such suits or cases.
(3) The High Court _483*** 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.
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(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.
_484[(5) On and from such date as the President may, _480[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 the Governor may specify in this behalf," had been
substituted;
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(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 (1)" had been
substituted.]
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5. Conferment of powers under the Code of Civil Procedure, 1908, and
the Code of Criminal Procedure, 1898_485, 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, 1898_485, 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.
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(3) Save as expressly provided in this paragraph, the Code of Civil
Procedure, 1908, and the Code of Criminal Procedure, 1898_485, 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.
_486[(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.]
_487[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, _488[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.
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(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
_489*** 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.
_490[(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.
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(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 _481[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 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-
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(a) taxes on professions, trades, callings and employments;
(b) taxes on animals, vehicles and boats;
(c) taxes on the entry of goods into a market for sale therein, and
tolls on passengers and goods carried in ferries; and
(d) taxes for the maintenance of schools, dispensaries or roads.
(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
_486[and every such regulation shall be submitted forthwith to the
Governor and, until assented to by him, shall have no effect].
_491[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 _492[the Government of the
State] in respect of any area within an autonomous district as may be
agreed upon between _492[the Government of the State] and the District
Council of such district shall be made over to that District Council.
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(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.
_493 10. 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;
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(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:
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
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.
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_494 12. _493[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-
(a) no Act of the _496[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 _496[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 _497[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 _496[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 _497[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.
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_498[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 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 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.
_499[12AA. Application of Acts of Parliament and of the Legislature
of the State of Tripura to the autonomous district and autonomous
regions in the State of Tripura.- Notwithstanding anything in this
Constitution,-
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(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 any
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;
(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;
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(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 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;
TOP
(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 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 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 _500*** 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.
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_501[14. 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 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.
(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
_502[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.
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_503[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 _504[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 twleve months from 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.
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_505[16. Dissolution of a District or a Regional Council.- _506[(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.
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_507[(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.]
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17. Exclusion of areas from autonomous districts in forming
constituencies in such districts.- For the purposes of elections to
_508[the Legislative Assembly of Assam or Meghalaya] _509[or Tripura]
_510[or Mizoram], the Governor may by order declare that any area
within an autonomous district _511[in the State of Assam or Meghalaya]
_509[or Tripura] _510[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.
_512* * * * *
19. Transitional provisions.- (1) As soon as possible after the
commencement of this Constitution the Governor shall take steps for
the constitution of a District Council for each autonomous district in
the State under this Schedule and, until a District Council is so
constituted for an autonomous district, the administration of such
district shall be vested in the Governor and the following provisions
shall apply to the administration of the areas within such district
instead of the foregoing provisions of this Schedule, namely:-
(a) no Act of Parliament or of the Legislature of the State shall
apply to any such area unless the Governor by public notification so
directs; and the Governor in giving such a direction with respect to
any Act may direct that the Act shall, in its application to the area
or to any specified part thereof, have effect subject to such
exceptions or modifications as he thinks fit;
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(b) the Governor may make regulations for the peace and good
government of any such area and any regulations so made may repeal or
amend any Act of Parliament or of the Legislature of the State or any
existing law which is for the time being applicable to such area.
(2) Any direction given by the Governor under clause (a) of
sub-paragraph (1) of this paragraph may be given so as to have
retrospective effect.
(3) All regulations made under clause (b) of sub-paragraph (1) of this
paragraph shall be submitted forthwith to the President and, until
assented to by him, shall have no effect.
_513[20. Tribal areas.- (1) The areas specified in Parts I, II
_514[,IIA] and III of the table below shall respectively be the tribal
areas within the State of Assam, the State of Meghalaya _514[,the
State of Tripura] and the _515[State] of Mizoram.
(2) _516[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:
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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
_517[Khasi Hills District].
_514[(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. _518[The Karbi Anglong District.]
Part II
_517[1. Khasi Hills District.
2. Jaintia Hills District.]
3. The Garo Hills District.
_514 [Part IIA
Tripura Tribal Areas District.]
Part III
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_519* * * * *
_520[1. The Chakma District.
_521[2. The Mara District.
3. The Lai District.]]
_522[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 the Mizo District Council
is a party;
(c) the transfer or re-employment of any employees of the Mizo
District Council to or by the Union or any other authoriy, the terms
and conditions of service applicable to such employees after such
transfer or re-employment;
(d) the continuance of any laws, made by the Mizo District Council and
in force immediately before its dissolution, subject to such
adaptations and modifications, whether by way of repeal or amendment,
as the Administrator may make in this behalf, until such laws are
altered, repealed or amended by a competent Legislature or other
competent authority;
(e) such incidental, consequential and supplementary matters as the
Administrator considers necessary.
Explanation.- In this paragraph and in paragraph 20B of this Schedule,
the expression "prescribed date" means the date on which the
Legislative Assembly of the Union territory of Mizoram is duly
constituted under and in accordance with the provisions of the
Government of Union Territories Act, 1963.
_523 20B. Autonomous regions in the Union territory of Mizoram to be
autonomous districts and transitory provisions consequent thereto.-(1)
Notwithstanding anything in this Schedule,-
(a) every autonomous region existing immediately before the 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).
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(2) Every member whether elected or nominated of an existing Regional
Council shall be deemed to have been elected or, as the case may be,
nominated to the corresponding new District Council and shall hold
office until a District Council is duly constituted for the
corresponding new district under this Schedule.
(3) Until rules are made under sub-paragraph (7) of paragraph 2 and
sub-paragraph (4) of paragraph 4 of this Schedule by the corresponding
new 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 Administator of the Union territory of Mizoram may, by one or
more orders, provide for all or any of the following matters, namely:-
(a) the transfer in whole or in part of the assets, rights and
liabilities of the existing Regional Council (including the rights and
liabilities under any contract made by it) to the corresponding new
District Council;
(b) the substitution of the corresponding new District Council for the
existing Regional Council as a party to the legal proceedings to which
the existing Regional Council is a party;
(c) the transfer or re-employment of any employees of the existing
Regional Council to or by the corresponding new District Council, the
terms and conditions of service applicable to such employees after
such transfer or re-employment;
(d) the continuance of any laws made by the existing Regional Council
and in force immediately before the prescribed date, subject to such
adaptations and modifications, whether by way of repeal or amendment,
as the Administrator may make in this behalf until such laws are
altered, repealed or amended by a competent Legislature or other
competent authority;
(e) such incidental, consequential and supplementary matters as the
Administrator considers necessary.
20C. Interpretation.- Subject to any provision made in this behalf,
the provisions of this Schedule shall, in their application to the
Union territory of Mizoram, have effect-
(1) as if references to the Governor and Government of the State were
references to the Administrator of the Union territory appointed under
article 239, references to State (except in the expression "Government
of the State") were references to the Union territory of Mizoram and
references to the State Legislature were references to the Legislative
Assembly of the Union territory of Mizoram;
(2) as if-
(a) in sub-paragraph (5) of paragraph 4, the provision for
consultation with the Government of the State concerned had been
omitted;
(b) in sub-paragraph (2) of paragraph 6, for the words "to which the
executive power of the State extends", the words "with respect to
which the Legislative Assembly of the Union territory of Mizoram has
power to make laws" had been substituted;
(c) in paragraph 13, the words and figures "under article 202" had
been omitted.]]
21. Amendment of the Schedule.- (1) Parliament may from time to time
by law amend by way of addition, variation or repeal any of the
provisions of this Schedule and, when the Schedule is so amended, any
reference to this 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.
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