The Indian Independence Act, 1947, and the
Government of India Act, 1935, together with all enactments amending or
supplementing the latter Act, but not including the Abolition of Privy Council
Jurisdiction Act, 1949, are hereby repealed.
______________________________________________
2. Art. 394A ins. by s. 3, ibid. (w.e.f. 9-12-1987).
[FIRST SCHEDULE
[Articles 1 and 4]
I. THE STATES
Name Territories
1. Andhra [The territories specified in sub-section (1) of section 3 of
Pradesh the Andhra State Act, 1953, sub-section (1) of section 3 of
the States Reorganisation Act, 1956, the First Schedule to
the Andhra Pradesh and Madras (Alteration of Boundaries)
Act, 1959, and the Schedule to the Andhra Pradesh and
Mysore (Transfer of Territory) Act, 1968, but excluding
the territories specified in the Second Schedule to the
Andhra Pradesh and Madras (Alteration of Boundaries)
Act, 1959] 3[and the territories specified in section 3 of
the Andhra Pradesh Reorganisation Act, 2014].
2. Assam The territories which immediately before the
commencement of this Constitution were comprised in the
Province of Assam, the Khasi States and the Assam Tribal
Areas, but excluding the territories specified in the
Schedule to the Assam (Alteration of Boundaries) Act,
1951 4[and the territories specified in sub-section (1) of
section 3 of the State of Nagaland Act, 1962] 5[and the
territories specified in sections 5, 6 and 7 of the North-
Eastern Areas (Reorganisation) Act, 1971] 6[and the
territories referred to in Part I of the Second Schedule to
the Constitution (One Hundredth Amendment) Act,
2015, notwithstanding anything contained in clause (a)
of section 3 of the Constitution (Ninth Amendment)
Act, 1960, so far as it relates to the territories referred to
in Part I of the Second Schedule to the Constitution
(One Hundredth Amendment) Act, 2015.]
______________________________________________
254 THE CONSTITUTION OF INDIA
(First Schedule)
Name Territories
3. Bihar [The territories which immediately before the
commencement of this Constitution were either
comprised in the Province of Bihar or were being
administered as if they formed part of that Province
and the territories specified in clause (a) of sub-section
(1) of section 3 of the Bihar and Uttar Pradesh
(Alteration of Boundaries) Act, 1968, but excluding the
territories specified in sub-section (1) of section 3 of the
Bihar and West Bengal (Transfer of Territories) Act,
1956, and the territories specified in clause (b) of
sub-section (1) of section 3 of the first mentioned Act
[and the territories specified in section 3 of the Bihar
Reorganisation Act, 2000].]
[4. Gujarat The territories referred to in sub-section (1) of section 3 of
the Bombay Reorganisation Act, 1960.]
5. Kerala The territories specified in sub-section (1) of section 5
of the States Reorganisation Act, 1956.
6. Madhya The territories specified in sub-section (1) of section 9 of
Pradesh the States Reorganisation Act, 1956 4[and the First
Schedule to the Rajasthan and Madhya Pradesh (Transfer
of Territories) Act, 1959], 5[but excluding the territories
specified in section 3 of the Madhya Pradesh
Reorganisation Act, 2000.]
______________________________________________
Name Territories
[7. Tamil Nadu] The territories which immediately before the
commencement of this Constitution were either
comprised in the Province of Madras or were being
administered as if they formed part of that Province and
the territories specified in section 4 of the States
Reorganisation Act, 1956, 2[and the Second Schedule to
the Andhra Pradesh and Madras (Alteration of
Boundaries) Act, 1959], but excluding the territories
specified in sub-section (1) of section 3 and sub-section
(1) of section 4 of the Andhra State Act, 1953 and 3[the
territories specified in clause (b) of sub-section (1) of
section 5, section 6 and clause (d) of sub-section (1) of
section 7 of the States Reorganisation Act, 1956 and the
territories specified in the First Schedule to the Andhra
Pradesh and Madras (Alteration of Boundaries) Act,
1959.]
[8. Maharashtra The territories specified in sub-section (1) of section 8
of the States Reorganisation Act, 1956, but excluding
the territories referred to in sub-section (1) of section 3
of the Bombay Reorganisation Act, 1960.]
5 6
[ [9.] The territories specified in sub-section (1) of section 7
Karnataka] of the States Reorganisation Act, 1956 7[but excluding
the territory specified in the Schedule to the Andhra
Pradesh and Mysore (Transfer of Territory) Act, 1968.]
______________________________________________
6. Entries 8 to 14 renumbered as entries 9 to 15 by the Bombay Reorganisation Act,
1960 (11 of 1960), s. 4 (w.e.f. 1-5-1960).
Name Territories
[10.] 2[Odisha] The territories which immediately before the
commencement of this Constitution were either comprised
in the Province of Orissa or were being administered as if
they formed part of that Province.
[11.] Punjab The territories specified in section 11 of the States
Reorganisation Act, 1956 3[and the territories referred
to in Part II of the First Schedule to the Acquired
Territories (Merger) Act, 1960] 4[but excluding the
territories referred to in Part II of the First Schedule to
the Constitution (Ninth Amendment) Act, 1960] 5[and
the territories specified in sub-section (1) of section 3,
section 4 and sub-section (1) of section 5 of the Punjab
Reorganisation Act, 1966.]
[12.] The territories specified in section 10 of the States
Rajasthan Reorganisation Act, 1956 6[but excluding the territories
specified in the First Schedule to the Rajasthan and
Madhya Pradesh (Transfer of Territories) Act, 1959].
______________________________________________
1. Entries 8 to 14 renumbered as entries 9 to 15 by the Bombay Reorganisation Act,
1960 (11 of 1960), s. 4 (w.e.f. 1-5-1960).
Name Territories
1 2
[13.] Uttar [The territories which immediately before the
Pradesh commencement of this Constitution were either
comprised in the Province known as the United
Provinces or were being administered as if they formed
part of that Province, the territories specified in clause
(b) of sub-section (1) of section 3 of the Bihar and Uttar
Pradesh (Alteration of Boundaries) Act, 1968, and the
territories specified in clause (b) of sub-section (1) of
section 4 of the Haryana and Uttar Pradesh (Alteration
of Boundaries) Act, 1979, but excluding the territories
specified in clause (a) of sub-section (1) of section 3 of
the Bihar and Uttar Pradesh (Alteration of Boundaries)
Act, 1968, 3[and the territories specified in section 3 of
the Uttar Pradesh Reorganisation Act, 2000] and the
territories specified in clause (a) of sub-section (1) of
section 4 of the Haryana and Uttar Pradesh (Alteration
of Boundaries) Act, 1979.]
[14.] West The territories which immediately before the
Bengal commencement of this Constitution were either
comprised in the Province of West Bengal or were
being administered as if they formed part of that
Province and the territory of Chandernagore as defined
in clause (c) of section 2 of the Chandernagore (Merger)
Act, 1954 and also the territories specified in
sub-section (1) of section 3 of the Bihar 4
and West
Bengal (Transfer of Territories) Act, 1956 [and also the
territories referred to in Part III of the First Schedule but
excluding the territories referred to in Part III of the
Second Schedule to the Constitution (One Hundredth
Amendment) Act, 2015, notwithstanding anything
contained in clause (c) of section 3 of the Constitution
(Ninth Amendment) Act, 1960, so far as it relates to the
territories referred to in Part III of the First Schedule and
the territories referred to in Part III of the Second
Schedule to the Constitution (One Hundredth
Amendment) Act, 2015.]
______________________________________________
1. Entries 8 to 14 renumbered as entries 9 to 15 by the the Bombay Reorganisation Act,
1960 (11 of 1960), s. 4 (w.e.f. 1-5-1960).
Name Territories
1 2
[ [** * * *]]
3 4
[ [15.] The territories specified in sub-section (1) of section 3
Nagaland of the State of Nagaland Act, 1962.]
3 5 6
[ [16.] [The territories specified in sub-section (1) of section 3
Haryana of the Punjab Reorganisation Act, 1966 and the
territories specified in clause (a) of sub-section (1) of
section 4 of the Haryana and Uttar Pradesh (Alteration
of Boundaries) Act, 1979, but excluding the territories
specified in clause (v) of sub-section (1) of section 4 of
that Act.]]
3 7
[ [17.] The territories which immediately before the
Himachal commencement of this Constitution were being
Pradesh administered as if they were Chief Commissioners’
Provinces under the names of Himachal Pradesh and
Bilaspur and the territories specified in sub-section (1)
of section 5 of the Punjab Reorganisation Act, 1966.]
3 8
[ [18.] The territory which immediately before the
Manipur commencement of this Constitution was being
administered as if it were a Chief Commissioner’s
Province under the name of Manipur.]
______________________________________________
1. **Entry 15 relating to Jammu and Kashmir deleted by the Jammu and Kashmir
Reorganisation Act, 2019 (34 of 2019), s. 6 (w.e.f. 31-10-2019).
2. Entries 8 to 14 renumbered as 9 to 15 by the Bombay Reorganisation Act, 1960
(11 of 1960), s. 4 (w.e.f. 1-5-1960).
3. Entries 16 to 29 renumbered as entries 15 to 28 by the Jammu and Kashmir
Reorganisation Act, 2019 (34 of 2019), s. 6 (w.e.f. 31-10-2019).
4 Ins. by the State of Nagaland Act, 1962 (27 of 1962), s. 4 (w.e.f. 1-12-1963).
Name Territories
[19.] Tripura The territory which immediately before the
commencement of this Constitution was being
administered as if it were a Chief Commissioner’s
Province under the name of Tripura 2[and the territories
referred to in Part II of the First Schedule to the
Constitution (One Hundredth Amendment) Act, 2015,
notwithstanding anything contained in clause (d) of
section 3 of the Constitution (Ninth Amendment) Act,
1960, so far as it relates to the territories referred to in
Part II of the First Schedule to the Constitution (One
Hundredth Amendment) Act, 2015.]
[20.] Meghalaya The territories specified in section 5 of the North-Eastern
Areas (Reorganisation) Act, 1971] 2[and the territories referred to
in Part I of the First Schedule but excluding the territories
referred to in Part II of the Second Schedule to the Constitution
(One Hundredth Amendment) Act, 2015.]
1 3
[ [21.] Sikkim The territories which immediately before the commencement of
the Constitution (Thirty-sixth Amendment) Act, 1975, were
comprised in Sikkim.]
1 4
[ [22.] Mizoram The territories specified in section 6 of the North-Eastern
Areas (Reorganisation) Act, 1971.]
1 5
[ [23.] Arunachal The territories specified in section 7 of the North-Eastern
Pradesh Areas (Reorganisation) Act, 1971.]
1 6
[ [24.] Goa The territories specified in section 3 of the Goa, Daman and
Diu Reorganisation Act, 1987.]
______________________________________________
1. Entries 16 to 29 renumbered as entries 15 to 28 by the Jammu and Kashmir
Reorganisation Act, 2019 (34 of 2019), s. 6 (w.e.f. 31-10-2019).
Name Territories
1 2
[ [25.] Chhattisgarh The territories specified in section 3 of the Madhya
Pradesh Reorganisation Act, 2000.]
1 3
[ [26.] 4[Uttarakhand] The territories specified in section 3 of the Uttar Pradesh
Reorganisation Act, 2000.]
1 5
[ [27.] Jharkhand The territories specified in section 3 of the Bihar
Reorganisation Act, 2000.]
1 6
[ [28.] Telangana The territories specified in section 3 of the Andhra
Pradesh Reorganisation Act, 2014.]
II. THE UNION TERRITORIES
Name Extent
1. Delhi The territory which immediately before the
commencement of this Constitution was comprised in the
Chief Commissioner’s Province of Delhi.
[* * * * *]
[2.] The Andaman The territory which immediately before the
and Nicobar commencement of this Constitution was comprised in
Islands the Chief Commissioner’s Province of the
Andaman and Nicobar Islands.
______________________________________________
1. Entries 16 to 29 renumbered as entries 15 to 28 by the Jammu and Kashmir
Reorganisation Act, 2019 (34 of 2019), s. 6 (w.e.f. 31-10-2019).
7. Entry 2 relating to Himachal Pradesh omitted and entries 3 to 10 renumbered as
entries 2 to 9 respectively by the State of Himachal Pradesh Act, 1970 (53 of 1970),
s. 4 (w.e.f. 25-1-1971) and subsequently entries relating to Manipur and Tripura
(i.e. entries 2 and 3) omitted by the North-Eastern Areas (Reorganisation) Act, 1971
(81 of 1971) s. 9 (w.e.f. 21-1-1972).
8. Entries 4 to 9 renumbered as entries 2 to 7 by the North-Eastern Areas
(Reorganisation) Act, 1971 (81 of 1971), s. 9 (w.e.f. 21-1-1972).
261 THE CONSTITUTION OF INDIA
(First Schedule)
Name Territories
[3.] 2[Lakshadweep] The territory specified in section 6 of the States
Reorganisation Act, 1956.
3 1
[ [4.] Dadra and The territory which immediately before the
Nagar Haveli eleventh day of August, 1961 was comprised in
and Daman Free Dadra and Nagar Haveli and the territories
and Diu specified in section 4 of the Goa, Daman and Diu
Reorganisation Act, 1987.]
4 1
[ [*] 3[ * * * *]
5 1
[ [6.] [Puducherry]
The territories which immediately before the
sixteenth day of August, 1962, were comprised in
the French Establishments in India known as
Pondicherry, Karikal, Mahe and Yanam.]
7 1
[ [7.] Chandigarh The territories specified in section 4 of the Punjab
Reorganisation Act, 1966.]
______________________________________________
1. Entries 4 to 9 renumbered as entries 2 to 7 (respectively) by the North-Eastern
Areas (Reorganisation) Act, 1971 (81 of 1971), s. 9 (w.e.f. 21-1-1972).
3. Entry 4 relating to Dadra and Nagar Haveli was ins. by the Constitution (Tenth
Amendment ) Act, 1961, s. 2 (w.e.f. 11-8-1961) and subsequently subs. by the
Dadra and Nagar Haveli and Daman and Diu (Merger of Union territories) Act,
2019 (44 of 2019), s. 5, for entries 4 and 5 (w.e.f. 26-1-2020).
Name Territories
[* * * * *]
1[
* * * * *]
[8. Jammu and The territories specified in section 4 of the Jammu
Kashmir and Kashmir Reorganisation Act, 2019.
9. Ladakh The territories specified in section 3 of the Jammu
and Kashmir Reorganisation Act, 2019.]
______________________________________________
1. Entry 8 relating to Mizoram omitted and entry 9 relating to Arunachal Pradesh
renumbered as entry 8 by the State of Mizoram Act, 1986 (34 of 1986), s. 4
(w.e.f. 20-2-1987) and entry 8 relating to Arunachal Pradesh omitted by the State of
Arunachal Pradesh Act, 1986 (69 of 1986) s. 4 (w.e.f. 20-2-1987).
1. There shall be paid to the President and to the Governors of the States
*** the following emoluments per mensem, that is to say:—
The President …… 10,000 rupees.
The Governor of a State …… 5,500 rupees.
2. There shall also be paid to the President and to the Governors of the
States 2*** such allowances as were payable respectively to the Governor-
General of the Dominion of India and to the Governors of the corresponding
Provinces immediately before the commencement of this Constitution.
3. The President and the Governors of 3[the States] throughout their respective
terms of office shall be entitled to the same privileges to which the Governor-
General and the Governors of the corresponding Provinces were respectively
entitled immediately before the commencement of this Constitution.
4. While the Vice-President or any other person is discharging the
functions of, or is acting as, President, or any person is discharging the
functions of the Governor, he shall be entitled to the same emoluments,
allowances and privileges as the President or the Governor whose functions he
discharges or for whom he acts, as the case may be.
* * * * *
______________________________________________
4. Part B omitted by s. 29 and Sch., ibid. (w.e.f. 1-11-1956).
264 THE CONSTITUTION OF INDIA
(Second Schedule)
PART C
PROVISIONS AS TO THE SPEAKER AND THE DEPUTY SPEAKER OF THE HOUSE
OF THE PEOPLE AND THE CHAIRMAN AND THE DEPUTY CHAIRMAN
OF THE COUNCIL OF STATES AND THE SPEAKER AND THE
DEPUTY SPEAKER OF THE LEGISLATIVE ASSEMBLY 1***
AND THE CHAIRMAN AND THE DEPUTY CHAIRMAN
OF THE LEGISLATIVE COUNCIL OF [A STATE]
7. There shall be paid to the Speaker of the House of the People and the
Chairman of the Council of States such salaries and allowances as were payable
to the Speaker of the Constituent Assembly of the Dominion of India
immediately before the commencement of this Constitution, and there shall be
paid to the Deputy Speaker of the House of the People and to the Deputy
Chairman of the Council of States such salaries and allowances as were payable
to the Deputy Speaker of the Constituent Assembly of the Dominion of India
immediately before such commencement.
8. There shall be paid to the Speaker and the Deputy Speaker of the
Legislative Assembly 3*** and to the Chairman and the Deputy Chairman of
the Legislative Council of 4[a State] such salaries and allowances as were
payable respectively to the Speaker and the Deputy Speaker of the Legislative
Assembly and the President and the Deputy President of the Legislative
Council of the corresponding Province immediately before the commencement
of this Constitution and, where the corresponding Province had no Legislative
Council immediately before such commencement, there shall be paid to the
Chairman and the Deputy Chairman of the Legislative Council of the State
such salaries and allowances as the Governor of the State may determine.
PART D
______________________________________________
PROVISIONS AS TO THE JUDGES OF THE SUPREME COURT AND OF THE
HIGH COURTS 1***
9. (1) There shall be paid to the Judges of the Supreme Court, in respect of
time spent on actual service, salary at the following rates per mensem, that is to say:—
The Chief Justice .. 2
[10,000 rupees.].
Any other Judge .. 3
[9,000 rupees.].
Provided that if a Judge of the Supreme Court at the time of his
appointment is in receipt of a pension (other than a disability or wound
pension) in respect of any previous service under the Government of India or
any of its predecessor Governments or under the Government of a State or any
of its predecessor Governments, his salary in respect of service in the Supreme
Court 4[shall be reduced—
(a) by the amount of that pension, and
(b) if he has, before such appointment, received in lieu of a portion of
the pension due to him in respect of such previous service the commuted
value thereof, by the amount of that portion of the pension, and
(c) if he has, before such appointment, received a retirement gratuity in
respect of such previous service, by the pension equivalent of that gratuity.]
(2) Every Judge of the Supreme Court shall be entitled without payment
of rent to the use of an official residence.
(3) Nothing in sub-paragraph (2) of this paragraph shall apply to a Judge
who, immediately before the commencement of this Constitution,—
(a) was holding office as the Chief Justice of the Federal Court and
has become on such commencement the Chief Justice of the Supreme
______________________________________________
Court under clause (1) of article 374, or
(b) was holding office as any other Judge of the Federal Court and
has on such commencement become a Judge (other than the Chief
Justice) of the Supreme Court under the said clause,
during the period he holds office as such Chief Justice or other Judge, and
every Judge who so becomes the Chief Justice or other Judge of the Supreme
Court shall, in respect of time spent on actual service as such Chief Justice or
other Judge, as the case may be, be entitled to receive in addition to the salary
specified in sub-paragraph (1) of this paragraph as special pay an amount
equivalent to the difference between the salary so specified and the salary
which he was drawing immediately before such commencement.
(4) Every Judge of the Supreme Court shall receive such reasonable
allowances to reimburse him for expenses incurred in travelling on duty within
the territory of India and shall be afforded such reasonable facilities in
connection with travelling as the President may from time to time prescribe.
(5) The rights in respect of leave of absence (including leave allowances)
and pension of the Judges of the Supreme Court shall be governed by the
provisions which, immediately before the commencement of this Constitution,
were applicable to the Judges of the Federal Court.
10. (1) 1[There shall be paid to the Judges of High Courts, in respect of time
spent on actual service, salary at the following rates per mensem, that is to say,—
The Chief Justice .. 2
[9,000 rupees]
Any other Judge .. 3
[8,000 rupees]:
Provided that if a Judge of a High Court at the time of his appointment is in
receipt of a pension (other than a disability or wound pension) in respect of any
______________________________________________
previous service under the Government of India or any of its predecessor
Governments or under the Government of a State or any of its predecessor
Governments, his salary in respect of service in the High Court shall be reduced—
(a) by the amount of that pension, and
(b) if he has, before such appointment, received in lieu of a portion of
the pension due to him in respect of such previous service the commuted
value thereof, by the amount of that portion of the pension, and
(c) if he has, before such appointment, received a retirement gratuity in
respect of such previous service, by the pension equivalent of that
gratuity.]
(2) Every person who immediately before the commencement of this
Constitution—
(a) was holding office as the Chief Justice of a High Court in any
Province and has on such commencement become the Chief Justice of the
High Court in the corresponding State under clause (1) of article 376, or
(b) was holding office as any other Judge of a High Court in any Province
and has on such commencement become a Judge (other than the Chief
Justice) of the High Court in the corresponding State under the said clause,
shall, if he was immediately before such commencement drawing a salary at a
rate higher than that specified in sub-paragraph (1) of this paragraph, be
entitled to receive in respect of time spent on actual service as such Chief
Justice or other Judge, as the case may be, in addition to the salary specified in
the said sub-paragraph as special pay an amount equivalent to the difference
between the salary so specified and the salary which he was drawing
immediately before such commencement.
[(3) Any person who, immediately before the commencement of the
Constitution (Seventh Amendment) Act, 1956, was holding office as the Chief
Justice of the High Court of a State specified in Part B of the First Schedule
and has on such commencement become the Chief Justice of the High Court of
a State specified in the said Schedule as amended by the said Act, shall, if he
was immediately before such commencement drawing any amount as
allowance in addition to his salary, be entitled to receive in respect of time
spent on actual service as such Chief Justice, the same amount as allowance in
addition to the salary specified in sub-paragraph (1) of this paragraph.].
11. In this Part, unless the context otherwise requires,—
(a) the expression “Chief Justice” includes an acting Chief Justice,
______________________________________________
and a “Judge” includes an ad hoc Judge;
(b) “actual service” includes—
(i) time spent by a Judge on duty as a Judge or in the performance
of such other functions as he may at the request of the President
undertake to discharge;
(ii) vacations, excluding any time during which the Judge is absent
on leave; and
(iii) joining time on transfer from a High Court to the Supreme
Court or from one High Court to another.
PART E
PROVISIONS AS TO THE COMPTROLLER AND AUDITOR-GENERAL OF INDIA
12. (1) There shall be paid to the Comptroller and Auditor-General of
India a salary at the rate of *four thousand rupees per mensem.
(2) The person who was holding office immediately before the
commencement of this Constitution as Auditor-General of India and has
become on such commencement the Comptroller and Auditor-General of India
under article 377 shall in addition to the salary specified in sub-paragraph (1) of
this paragraph be entitled to receive as special pay an amount equivalent to the
difference between the salary so specified and the salary which he was drawing
as Auditor-General of India immediately before such commencement.
(3) The rights in respect of leave of absence and pension and the other
conditions of service of the Comptroller and Auditor-General of India shall be
governed or shall continue to be governed, as the case may be, by the provisions
which were applicable to the Auditor-General of India immediately before the
commencement of this Constitution and all references in those provisions to the
Governor-General shall be construed as references to the President.
______________________________________________
* The Comptroller and Auditor-General of India shall be paid a salary equal to
the salary of the Judges of the Supreme Court vide s. 3 of the Comptroller and
Auditor General (Duties, Powers and Conditions of Service) Act, 1971 (56 of
1971) . The salary of Judges of the Supreme Court has been raised to two
lakh fifty thousand rupees per mensem by the High Court and Supreme Court
Judges (Salaries and Conditions of Service) Amendment Act, 2018 (10 of 2018), s. 6
(w.e.f. 1-1-2016).
THIRD SCHEDULE
[Articles 75(4), 99, 124(6), 148(2), 164(3), 188 and 219]
Forms of Oaths or Affirmations
I
Form of oath of office for a Minister for the Union:—
“I, A. B., do swear in the name of God that I will bear true faith
solemnly affirm
and allegiance to the Constitution of India as by law established, 1[that I
will uphold the sovereignty and integrity of India,] that I will faithfully
and conscientiously discharge my duties as a Minister for the Union and
that I will do right to all manner of people in accordance with the
Constitution and the law, without fear or favour, affection or ill-will.”
II
Form of oath of secrecy for a Minister for the Union:—
“I, A.B., do swear in the name of God that I will not directly or
solemnly affirm
indirectly communicate or reveal to any person or persons any matter
which shall be brought under my consideration or shall become known
to me as a Minister for the Union except as may be required for the due
discharge of my duties as such Minister.”
[III
A
Form of oath or affirmation to be made by a candidate for election to
Parliament:—
______________________________________________
See also arts. 84 (a) and 173 (a).
“I, A.B., having been nominated as a candidate to fill a seat in the
Council of States (or the House of the People) do swear in the name of God
solemnly affirm
that I will bear true faith and allegiance to the Constitution of India as
by law established and that I will uphold the sovereignty and integrity of
India.”
B
Form of oath or affirmation to be made by a member of Parliament:—
“I, A.B., having been elected (or nominated) a member of the
Council of States (or the House of the People) do swear in the name of God
solemnly affirm
that I will bear true faith and allegiance to the Constitution of India as by
law established, that I will uphold the sovereignty and integrity of India
and that I will faithfully discharge the duty upon which I am about to
enter.”]
IV
Form of oath or affirmation to be made by the Judges of the Supreme
Court and the Comptroller and Auditor-General of India:—
“I, A.B., having been appointed Chief Justice (or a Judge) of the
Supreme Court of India (or Comptroller and Auditor-General of
India) do swear in the name of God that I will bear true faith and
solemnly affirm
faith and allegiance to the Constitution of India as by law established,
[that I will uphold the sovereignty and integrity of India,] that I will
duly and faithfully and to the best of my ability, knowledge and
judgment perform the duties of my office without fear or favour,
affection or ill-will and that I will uphold the Constitution and the laws.”
______________________________________________
V
Form of oath of office for a Minister for a State:—
“I, A.B., do swear in the name of God that I will bear true faith
solemnly affirm
and allegiance to the Constitution of India as by law established, 1[that I
will uphold the sovereignty and integrity of India,] that I will faithfully
and conscientiously discharge my duties as a Minister for the State of
..........and that I will do right to all manner of people in accordance with
the Constitution and the law without fear or favour, affection or ill-will.”
VI
Form of oath of secrecy for a Minister for a State:—
“I, A.B., do swear in the name of God that I will not directly or
solemnly affirm
indirectly communicate or reveal to any person or persons any matter
which shall be brought under my consideration or shall become known to
me as a Minister for the State of ....................except as may be required for
the due discharge of my duties as such Minister.”
[VII
A
Form of oath or affirmation to be made by a candidate for election to the
Legislature of a State:—
“I, A.B., having been nominated as a candidate to fill
a seat in the Legislative Assembly (or Legislative Council),
do swear in the name of God that I will bear true faith and
solemnly affirm
allegiance to the Constitution of India as by law established and that I
will uphold the sovereignty and integrity of India.”
______________________________________________
B
Form of oath or affirmation to be made by a member of the Legislature
of a State:—
“I, A.B., having been elected (or nominated) a member of the Legislative
Assembly (or Legislative Council), do swear in the name of God that
solemnly affirm
I will bear true faith and allegiance to the Constitution of India as by
law established, that I will uphold the sovereignty and integrity of India
and that I will faithfully discharge the duty upon which I am about to
enter.”]
VIII
Form of oath or affirmation to be made by the Judges of a High Court:—
“I, A.B., having been appointed Chief Justice (or a Judge) of the High
Court at (or of) ……….….. do swear in the name of God that I will bear
solemnly affirm
true faith and allegiance to the Constitution of India as by law
established, 1[that I will uphold the sovereignty and integrity of India,] that
I will duly and faithfully and to the best of my ability, knowledge and
judgment perform the duties of my office without fear or favour, affection
or ill-will and that I will uphold the Constitution and the laws.”
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1. Andhra Pradesh ............................................................. [11]
[2. Telangana ................................................................ 7]
[3.] Assam ........................................................................... 7
4 5
[4.] Bihar .............................................................................
[16]
6 4
[ [5.] Jharkhand ................................................................ 6]
7 8 4
[ [ [6.] Goa ...............................................................................1]]
9 8 4
[ [ [7.] Gujarat ..........................................................................11]]
10 8 4
[ [ [8.] Haryana .........................................................................5]]
8 4
[ [9.] Kerala ........................................................................... 9
______________________________________________
1. Fourth Schedule subs. by the Constitution (Seventh Amendment) Act, 1956, s. 3(2),
for Fourth Schedule (w.e.f. 1-11-1956).
4. Entries 2 to 30 renumbered as entries 3 to 31 respectively by s. 12, ibid. (w.e.f. 2-6-2014).
7. Entries 4 to 26 renumbered as entries 5 to 27 respectively and entry “4. Goa…..1” ins.
by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 6 (a) and
(b)(w.e.f. 30-5-1987).
8. Entries 4 to 29 renumbered as entries 5 to 30 by the Bihar Reorganisation Act, 2000
(30 of 2000), s. 7 (w.e.f. 15-11-2000).
1. Entries 4 to 29 renumbered as entries 5 to 30 by the Bihar Reorganisation Act, 2000
(30 of 2000), s. 7 (w.e.f. 15-11-2000).
2. Entries 2 to 30 renumbered as entries 3 to 31 respectively by the Andhra Pradesh
Reorganisation Act, 2014, s. 12 (w.e.f. 2-6-2014).
15. Entries 22 to 31 re-numbered as entries 21 to 30, respectively by the Jammu and
Kashmir Reorganisation Act, 2019 (34 of 2019), s. 8 (w.e.f. 31-10-2019).
______________________________________________
2. Entries 4 to 29 renumbered as entries 5 to 30 by the Bihar Reorganisation Act, 2000
(30 of 2000), s. 7 (w.e.f. 15-11-2000).
3. Entries 2 to 30 renumbered as entries 3 to 31 respectively by the Andhra Pradesh
Reorganisation Act, 2014 (6 of 2014), s. 12 (w.e.f. 2-6-2014).
4. Entries 22 to 31 renumbered as entries 21 to 30 respectively by the Jammu and
Kashmir Reorganisation Act, 2019 (34 of 2019), s. 8 (w.e.f. 31-10-2019).
1. Interpretation.—In this Schedule, unless the context otherwise
requires, the expression “State” 1*** does not include the 2[States of Assam
3 4
[, [Meghalaya, Tripura and Mizoram.]]]
2. Executive power of a State in Scheduled Areas.—Subject to the
provisions of this Schedule, the executive power of a State extends to the
Scheduled Areas therein.
3. Report by the Governor 5*** to the President regarding the
administration of Scheduled Areas.—The Governor 5*** of each State having
Scheduled Areas therein shall annually, or whenever so required by the President,
make a report to the President regarding the administration of the Scheduled
Areas in that State and the executive power of the Union shall extend to the
giving of directions to the State as to the administration of the said areas.
PART B
ADMINISTRATION AND CONTROL OF SCHEDULED AREAS AND
SCHEDULED TRIBES
4. Tribes Advisory Council.—(1) There shall be established in each
State having Scheduled Areas therein and, if the President so directs, also in
any State having Scheduled Tribes but not Scheduled Areas therein, a Tribes
Advisory Council consisting of not more than twenty members of whom, as
nearly as may be, three-fourths shall be the representatives of the Scheduled
Tribes in the Legislative Assembly of the State:
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Provided that if the number of representatives of the Scheduled Tribes in
the Legislative Assembly of the State is less than the number of seats in the
Tribes Advisory Council to be filled by such representatives, the remaining
seats shall be filled by other members of those tribes.
(2) It shall be the duty of the Tribes Advisory Council to advise on such
matters pertaining to the welfare and advancement of the Scheduled Tribes in
the State as may be referred to them by the Governor 1***.
(3) The Governor 2*** may make rules prescribing or regulating, as the
case may be,—
(a) the number of members of the Council, the mode of their
appointment and the appointment of the Chairman of the Council and of
the officers and servants thereof;
(b) the conduct of its meetings and its procedure in general; and
(c) all other incidental matters.
5. Law applicable to Scheduled Areas.—(1) Notwithstanding anything
in this Constitution, the Governor 1*** may by public notification direct that
any particular Act of Parliament or of the Legislature of the State shall not
apply to a Scheduled Area or any part thereof in the State or shall apply to a
Scheduled Area or any part thereof in the State subject to such exceptions and
modifications as he may specify in the notification and any direction given
under this sub-paragraph may be given so as to have retrospective effect.
(2) The Governor may make regulations for the peace and good
government of any area in a State which is for the time being a Scheduled Area.
In particular and without prejudice to the generality of the foregoing
power, such regulations may—
(a) prohibit or restrict the transfer of land by or among members
of the Scheduled Tribes in such area;
(b) regulate the allotment of land to members of the Scheduled
Tribes in such area;
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(c) regulate the carrying on of business as money-lender by
persons who lend money to members of the Scheduled Tribes in such
area.
(3) In making any such regulation as is referred to in sub-paragraph (2)
of this paragraph, the Governor 1*** may repeal or amend any Act of
Parliament or of the Legislature of the State or any existing law which is for the
time being applicable to the area in question.
(4) All regulations made under this paragraph shall be submitted
forthwith to the President and, until assented to by him, shall have no effect.
(5) No regulation shall be made under this paragraph unless the
Governor 1** making the regulation has, in the case where there is a Tribes
Advisory Council for the State, consulted such Council.
PART C
SCHEDULED AREAS
6. Scheduled Areas.—(1) In this Constitution, the expression
“Scheduled Areas” means such areas as the President may by order declare to
be Scheduled Areas.
(2) The President may at any time by order—
(a) direct that the whole or any specified part of a Scheduled Area
shall cease to be a Scheduled Area or a part of such an area;
[(aa) increase the area of any Scheduled Area in a State after
consultation with the Governor of that State;]
(b) alter, but only by way of rectification of boundaries, any
Scheduled Area;
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(c) on any alteration of the boundaries of a State or on the
admission into the Union or the establishment of a new State, declare
any territory not previously included in any State to be, or to form part
of, a Scheduled Area;
[(d) rescind, in relation to any State or States, any order or orders
made under this paragraph, and in consultation with the Governor of the
State concerned, make fresh orders redefining the areas which are to be
Scheduled Areas;]
and any such order may contain such incidental and consequential provisions as
appear to the President to be necessary and proper, but save as aforesaid, the
order made under sub-paragraph (1) of this paragraph shall not be varied by
any subsequent order.
PART D
AMENDMENT OF THE SCHEDULE
7. Amendment of the Schedule.—(1) Parliament may from time to time
by law amend by way of addition, variation or repeal any of the provisions of
this Schedule and, when the Schedule is so amended, any reference to this
Schedule in this Constitution shall be construed as a reference to such Schedule
as so amended.
(2) No such law as is mentioned in sub-paragraph (1) of this paragraph
shall be deemed to be an amendment of this Constitution for the purposes of
article 368.
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1. Autonomous districts and autonomous regions.—(1) Subject to
the provisions of this paragraph, the tribal areas in each item of 3[4[Parts I, II
and IIA] and in Part III] of the table appended to paragraph 20 of this
Schedule shall be an autonomous district.
(2) If there are different Scheduled Tribes in an autonomous district,
the Governor may, by public notification, divide the area or areas inhabited
by them into autonomous regions.
(3) The Governor may, by public notification,—
(a) include any area in 3[any of the Parts] of the said table,
(b) exclude any area from 3[any of the Parts] of the said table,
(c) create a new autonomous district,
(d) increase the area of any autonomous district,
(e) diminish the area of any autonomous district,
(f) unite two or more autonomous districts or parts thereof so
as to form one autonomous district,
[(ff) alter the name of any autonomous district],
(g) define the boundaries of any autonomous district:
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2. Paragraph 1 has been amended in its application to the State of Assam by the Sixth
Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, so as to
insert the following proviso after sub-paragraph (2), namely :—
"Provided that nothing in this sub-paragraph shall apply to the Bodoland
Territorial Areas District" (w.e.f. 7-9-2003).
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:
[Provided further that any order made by the Governor under this
sub-paragraph may contain such incidental and consequential provisions
(including any amendment of paragraph 20 and of any item in any of the
Parts of the said Table) as appear to the Governor to be necessary for giving
effect to the provisions of the order.]
2. Constitution of District Councils and Regional Councils.—
[(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.]
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2. Paragraph 2 has been amended in its application to the State of Assam by the Sixth
Schedule to the Constitution (Amendment) Act, 2003(44 of 2003), s. 2, so as to insert
the following proviso after sub-paragraph (1), namely: —
“Provided that the Bodoland Territorial Council shall consist of not more than
forty-six members of whom forty shall be elected on the basis of adult suffrage, of
whom thirty shall be reserved for the Scheduled Tribes, five for non-tribal
communities, five open for all communities and the remaining six shall be nominated
by the Governor having same rights and privileges as other members, including voting
rights, from amongst the un-represented communities of the Bodoland Territorial
Areas District, of which at least two shall be women:”
Paragraph 2 has been amended in its application to the State of Assam by the Sixth
Schedule to the Constitution (Amendment) Act, 1995(42 of 1995), s.2, so as to insert the
following proviso in sub-paragraph (3), namely :—
“Provided that the District Council constituted for the North Cachar Hills
District shall be called as the North Cachar Hills Autonomous Council and the
District Council constituted for the Karbi Anglong District shall be called as the
Karbi Anglong Autonomous Council.”
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 existing 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.”
(2) There shall be a separate Regional Council for each area
constituted an autonomous region under sub-paragraph (2) of paragraph 1 of
this Schedule.
(3) Each District Council and each Regional Council shall be a body
corporate by the name respectively of “the District Council of (name of
district)” and “the Regional Council of (name of region)”, shall have
perpetual succession and a common seal and shall by the said name sue and
be sued.
(4) Subject to the provisions of this Schedule, the administration of
an autonomous district shall, in so far as it is not vested under this Schedule
in any Regional Council within such district, be vested in the District
Council for such district and the administration of an autonomous region
shall be vested in the Regional Council for such region.
(5) In an autonomous district with Regional Councils, the District
Council shall have only such powers with respect to the areas under the
authority of the Regional Council as may be delegated to it by the Regional
Council in addition to the powers conferred on it by this Schedule with
respect to such areas.
(6) The Governor shall make rules for the first constitution of District
Councils and Regional Councils in consultation with the existing tribal
Councils or other representative tribal organisations within the autonomous
districts or regions concerned, and such rules shall provide for—
(a) the composition of the District Councils and Regional
Councils and the allocation of seats therein;
(b) the delimitation of territorial constituencies for the purpose
of elections to those Councils;
(c) the qualifications for voting at such elections and the
preparation of electoral rolls therefor;
(d) the qualifications for being elected at such elections as
members of such Councils;
(e) the term of office of members of 1[Regional Councils];
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(f) any other matter relating to or connected with elections or
nominations to such Councils;
(g) the procedure and the conduct of business 1[(including the
power to act notwithstanding any vacancy)] in the District and
Regional Councils;
(h) the appointment of officers and staff of the District and
Regional Councils.
[(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 1[with the approval of the Governor] with regard to
the matters specified in sub-paragraph (6) of this paragraph and may also
make rules 1[with like approval] regulating—
(a) the formation of subordinate local Councils or Boards and
their procedure and the conduct of their business; and
(b) generally all matters relating to the transaction of business
pertaining to the administration of the district or region, as the case
may be:
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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.
* * * *
3. Powers of the District Councils and Regional Councils to
make laws.—(1) The Regional Council for an autonomous region in
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1. Second proviso omitted by s. 74 and Fourth Sch. of the Assam Reorganisation (Meghalaya)
Act, 1969 (55 of 1969) (w.e.f. 2-4-1970).
2. Paragraph 3 has been amended in its application to the State of Assam by the Sixth Schedule to the
Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, so as to substitute sub-paragraph (3) as
under (w.e.f. 7-9-2003),—
“(3) Save as otherwise provided in sub-paragraph (2) of paragraph 3A or sub-paragraph
(2) of paragraph 3B, all laws made under this paragraph or sub-paragraph (1) of 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 (w.e.f.
12-9-1995), namely: —
“3A. Additional powers of the North Cachar Hills Autonomous Council and the
Karbi Anglong Autonomous Council to make laws.—(1) Without prejudice to the
provisions of paragraph 3, the North Cachar Hills Autonomous Council and the Karbi
Anglong Autonomous Council within their respective districts, shall have power to make
laws with respect to—
(a) industries, subject to the provisions of entries 7 and 52 of List I of the Seventh
Schedule;
(b) communications, that is to say, roads, bridges, ferries and other means of
communication not specified in List I of the Seventh Schedule; municipal tramways,
ropeways, inland waterways and traffic thereon subject to the provisions of List I and
List III of the Seventh Schedule with regard to such waterways; vehicles other than
mechanically propelled vehicles;
(c) preservation, protection and improvement of stock and prevention of animal
diseases; veterinary training and practice; cattle pounds;
(d) primary and secondary education;
(e) agriculture, including agricultural education and research, protection against pests
and prevention of plant diseases;
(f) fisheries;
285 THE CONSTITUTION OF INDIA
(Sixth Schedule)
(Foot-note continue),—
(g) water, that is to say, water supplies, irrigation and canals, drainage and
embankments, water storage and water power subject to the provisions of entry 56 of
List I of the Seventh Schedule;
(h) social security and social insurance; employment and unemployment;
(i) flood control schemes for protection of villages, paddy fields, markets, towns, etc.
(not of technical nature);
(j) theatre and dramatic performances, cinemas subject to the provisions of entry 60 of
List I of the Seventh Schedule; sports, entertainments and amusements;
(k) public health and sanitation, hospitals and dispensaries;
(l) minor irrigation;
(m) trade and commerce in, and the production supply and distribution of, food stuffs,
cattle fodder, raw cotton and raw jute;
(n) libraries, museums and other similar institutions controlled or financed by the State;
ancient and historical monuments and records other than those declared by or under
any law made by Parliament to be of national importance; and
(o) alienation of land.
(2) All laws made by the North Cachar Hills Autonomous Council and the Karbi Anglong
Autonomous Council under paragraph 3 or under this paragraph shall, in so far as they relate to
matters specified in List III of the Seventh Schedule, be submitted forthwith to the Governor
who shall reserve the same for the consideration of the President.
(3) When a law is reserved for the consideration of the President, the President shall declare
either that he assents to the said law or that he withholds assent therefrom:
Provided that the President may direct the Governor to return the law to the North Cachar
Hills Autonomous Council or the Karbi Anglong Autonomous Council, as the case may be,
together with a message requesting that the said Council will reconsider the law or any
specified provisions thereof and, in particular, will, consider the desirability of introducing any
such amendments as he may recommend in his message and, when the law is so returned, the
said Council shall consider the law accordingly within a period of six months from the date of
receipt of such message and, if the law is again passed by the said Council 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 (w.e.f. 7-9-2003),
namely:—
“3B. Additional powers of the Bodoland Territorial Council to make laws.—(1)
Without prejudice to the provisions of paragraph 3, the Bodoland Territorial Council within its
areas shall have power to make laws with respect to :—
(i) agriculture, including agricultural education and research, protection against
pests and prevention of plant diseases; (ii) animal husbandry and veterinary, that is to say,
preservation, protection and improvement of stock and prevention of animal diseases,
veterinary training and practice, cattle pounds; (iii) co-operation; (iv) cultural affairs; (v)
education, that is to say, primary education, higher secondary including vocational training,
adult education, college education (general); (vi) fisheries; (vii) flood control for protection
286 THE CONSTITUTION OF INDIA
(Sixth Schedule)
(Foot-note continue),—
of village, paddy fields, markets and towns (not of technical nature); (viii) Food and civil supply;
(ix) forests (other than reserved forests); (x) handloom and textile; (xi) health and family welfare,
(xii) intoxicating liquors, opium and derivatives, subject to the provisions of entry 84 of List I of
the Seventh Schedule; (xiii) irrigation; (xiv) labour and employment; (xv) land and revenue; (xvi)
library services (financed and controlled by the State Government); (xvii) lotteries (subject to the
provisions of entry 40 of List I of the Seventh Schedule), theatres, dramatic performances and
cinemas (subject to the provisions of entry 60 of List I of the Seventh Schedule); (xviii) markets
and fairs; (xix) municipal corporation, improvement trust, district boards and other local
authorities; (xx) museum and archaeology institutions controlled or financed by the State, ancient
and historical monuments and records other than those declared by or under any law made by
Parliament to be of national importance; (xxi) panchayat and rural development; (xxii) planning
and development; (xxiii) printing and stationery; (xxiv) public health engineering; (xxv) public
works department; (xxvi) publicity and public relations; (xxvii) registration of births and deaths;
(xxviii) relief and rehabilitation; (xxix) sericulture; (xxx) small, cottage and rural industry subject
to the provisions of entries 7 and 52 of List I of the Seventh Schedule; (xxxi) social Welfare;
(xxxii) soil conservation; (xxxiii) sports and youth welfare; (xxxiv) statistics; (xxxv) tourism;
(xxxvi) transport (roads, bridges, ferries and other means of communications not specified in List I
of the Seventh Schedule, municipal tramways, ropeways, inland waterways and traffic thereon
subject to the provision of List I and List III of the Seventh Schedule with regard to such
waterways, vehicles other than mechanically propelled vehicles); (xxxvii) tribal research institute
controlled and financed by the State Government; (xxxviii) urban development—town and
country planning; (xxxix) weights and measures subject to the provisions of entry 50 of List I of
the Seventh Schedule; and (xl) Welfare of plain tribes and backward classes:
Provided that nothing in such laws shall—
(a) extinguish or modify the existing rights and privileges of any citizen in respect of his
land at the date of commencement of this Act; and
(b) disallow and citizen from acquiring land either by way of inheritance, allotment,
settlement or by any other way of transfer if such citizen is otherwise eligible for such acquisition
of land within the Bodoland Territorial Areas District.
(2) All laws made under paragraph 3 or under this paragraph shall in so far as they relate to
matters specified in List III of the Seventh Schedule, be submitted forthwith to the Governor who
shall reserve the same for the consideration of the President.
(3) When a law is reserved for the consideration of the President, the President shall declare
either that he assents to the said law or that he withholds assent therefrom:
Provided that the President may direct the Governor to return the law to the Bodoland
Territorial Council, together with the message requesting that the said Council will reconsider the
law or any specified provisions thereof and, in particular, will consider the desirability of
introducing any such amendments as he may recommend in his message and, when the law is so
returned, the said Council shall consider the law accordingly within a period of six months from
the date of receipt of such message and, if the law is again passed by the said Council with or
without amendments it shall be presented again to the President for his consideration.”.
287 THE CONSTITUTION OF INDIA
(Sixth Schedule)
respect of all areas within such region and the District Council for an
autonomous district in respect of all areas within the district except those
which are under the authority of Regional Councils, if any, within the
district shall have power to make laws with respect to—
(a) the allotment, occupation or use, or the setting apart, of
land, other than any land which is a reserved forest for the purposes
of agriculture or grazing or for residential or other non-agricultural
purposes or for any other purpose likely to promote the interests of
the inhabitants of any village or town:
Provided that nothing in such laws shall prevent the
compulsory acquisition of any land, whether occupied or unoccupied,
for public purposes 1[by the Government of the State concerned] in
accordance with the law for the time being in force authorising such
acquisition;
(b) the management of any forest not being a reserved forest;
(c) the use of any canal or water-course for the purpose of
agriculture;
(d) the regulation of the practice of jhum or other forms of
shifting cultivation;
(e) the establishment of village or town committees or councils
and their powers;
(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;
[(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.
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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 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 court except the High Court and the Supreme Court
shall have jurisdiction over such suits or cases.
(3) The High Court 2*** shall have and exercise such jurisdiction
over the suits and cases to which the provisions of sub-paragraph (2) of this
paragraph apply as the Governor may from time to time by order specify.
(4) A Regional Council or District Council, as the case may be, may
with the previous approval of the Governor make rules regulating —
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1. Paragraph 4 has been amended in its application to the State of Assam by the Sixth
Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, (w.e.f. 7-9-2003)
so as to insert the following sub-paragraph after sub-paragraph (5), namely:—
“(6) Nothing in this paragraph shall apply to the Bodoland Territorial Council
constituted under the proviso to sub-paragraph (3) of paragraph 2 of this Schedule.” .
(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.
[(5) On and from such date as the President may, 2[after consulting the
Government of the State concerned], by notification appoint in this behalf, this
paragraph shall have effect in relation to such autonomous district or region as
may be specified in the notification, as if—
(i) in sub-paragraph (1), for the words “between the parties all of
whom belong to Scheduled Tribes within such areas, other than suits
and cases to which the provisions of sub-paragraph (1) of paragraph 5
of this Schedule apply,”, the words “not being suits and cases of the
nature referred to in sub-paragraph (1) of paragraph (5) of this
Schedule, which 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
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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.]
5. Conferment of powers under the Code of Civil Procedure,
1908, and the Code of Criminal Procedure, 18981, on the Regional and
District Councils and on certain courts and officers for the trial of
certain suits, cases and offences.—(1) The Governor may, for the trial of
suits or cases arising out of any law in force in any autonomous district or
region being a law specified in that behalf by the Governor, or for the trial
of offences punishable with death, transportation for life, or imprisonment
for a term of not less than five years under the Indian Penal Code or under
any other law for the time being applicable to such district or region, confer
on the District Council or the Regional Council having authority over such
district or region or on courts constituted by such District Council or on any
officer appointed in that behalf by the Governor, such powers under the
Code of Civil Procedure, 1908, or, as the case may be, the Code of Criminal
Procedure, 18981, as he deems appropriate, and thereupon the said Council,
court or officer shall try the suits, cases or offences in exercise of the
powers so conferred.
(2) The Governor may withdraw or modify any of the powers
conferred on a District Council, Regional Council, court or officer under
sub-paragraph (1) of this paragraph.
(3) Save as expressly provided in this paragraph, the Code of Civil
Procedure, 1908, and the Code of Criminal Procedure, 18981, shall not
apply to the trial of any suits, cases or offences in an autonomous district or
in any autonomous region to which the provisions of this paragraph apply.
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1. See the Code of Criminal Procedure, 1973 ( 2 of 1974).
291 THE CONSTITUTION OF INDIA
(Sixth Schedule)
[(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.]
[6. Powers of the District Council to establish primary schools,
etc.— (1) The District Council for an autonomous district may establish,
construct, or manage primary schools, dispensaries, markets, 3[cattle
pounds], ferries, fisheries, roads, road transport and waterways in the district
and may, with the previous approval of the Governor, make regulations for
the regulation and control thereof and, in particular, may prescribe the
language and the manner in which primary education shall be imparted in
the primary schools in the district.
(2) The Governor may, with the consent of any District Council,
entrust either conditionally or unconditionally to that Council or to its
officers functions in relation to agriculture, animal husbandry, community
projects, co-operative societies, social welfare, village planning or any other
matter to which the executive power of the State 4*** extends.
7. District and Regional Funds.—(1) There shall be constituted for
each autonomous district, a District Fund and for each autonomous region, a
Regional Fund to which shall be credited all moneys received respectively
by the District Council for that district and the Regional Council for that
region in the course of the administration of such district or region, as the
case may be, in accordance with the provisions of this Constitution.
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8. Powers to assess and collect land revenue and to impose
taxes.—(1) The Regional Council for an autonomous region in respect of all
lands within such region and the District Council for an autonomous district
in respect of all lands within the district except those which are in the areas
under the authority of Regional Councils, if any, within the district, shall
have the power to assess and collect revenue in respect of such lands in
accordance with the principles for the time being followed 2[by the
Government of the State in assessing lands for the purpose of land revenue
in the State generally.]
(2) The Regional Council for an autonomous region in respect of areas
within such region and the District Council for an autonomous district in
respect of all areas in the district except those which are under the authority of
Regional Councils, if any, within the district, shall have power to levy and
collect taxes on lands and buildings, and tolls on persons resident within such
areas.
(3) The District Council for an autonomous district shall have the power to
levy and collect all or any of the following taxes within such district, that is to
say —
(a) taxes on professions, trades, callings and employments;
(b) taxes on animals, vehicles and boats;
______________________________________________
(c) taxes on the entry of goods into a market for sale therein,
and tolls on passengers and goods carried in ferries; 1***
(d) taxes for the maintenance of schools, dispensaries or roads;
[and]
[(e) taxes on entertainment and amusements.]
(4) A Regional Council or District Council, as the case may be, may
make regulations to provide for the levy and collection of any of the taxes
specified in sub-paragraphs (2) and (3) of this paragraph 4[and every such
regulation shall be submitted forthwith to the Governor and, until assented
to by him, shall have no effect].
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 6[the Government of the State] in respect of any area
within an autonomous district as may be agreed upon between 6[the
Government of the State] and the District Council of such district shall be
made over to that District Council.
(2) If any dispute arises as to the share of such royalties to be made
over to a District Council, it shall be referred to the Governor for
determination and the amount determined by the Governor in his discretion
shall be deemed to be the amount payable under sub-paragraph (1) of this
paragraph to the District Council and the decision of the Governor shall be
final.
______________________________________________
5. Paragraph 9 has been amended in its application to the States of Tripura and
Mizoram by the Sixth Schedule to the Constitution (Amendment) Act, 1988 (67 of
1988), s. 2 (w.e.f. 16-12-1988), so as to insert the following sub-paragraph after
sub-paragraph (2), namely:—
“(3) The Governor may, by order, direct that the share of royalties to be made
over to a District Council under this paragraph shall be made over to that Council
within a period of one year from the date of any agreement under sub-paragraph (1)
or, as the case may be, of any determination under sub-paragraph (2).”.
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;
(d) prescribe that no person who is not a member of the
Scheduled Tribes resident in the district shall carry on wholesale or
retail business in any commodity except under a licence issued in that
behalf by the District Council :
______________________________________________
1. Paragraph 10 has been amended in its application to the States of Tripura and
Mizoram by the Sixth Schedule to the Constitution (Amendment) Act, 1988 (67 of
1988) (w.e.f. 16-12-1988) s.2, as under—
(a) in the heading, the words “by non-tribals” shall be omitted;
(b) in sub-paragraph (1), the words “other than Scheduled Tribes” shall be
omitted;
(c) in sub-paragraph (2), for clause (d), the following clause shall be
substituted, namely:—
"(d) prescribe that no person resident in the district shall carry on any
trade, whether wholesale or retail, except under a licence issued in that behalf
by the District Council:”.
1. Paragraph 10 has been amended in its application to the State of Assam by the Sixth Schedule
to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2 (w.e.f. 7-9-2003), so as to insert
the following sub-paragraph after sub-paragraph (3), namely:—
"(4) Nothing in this paragraph shall apply to the Bodoland Territorial Council constituted
under the proviso to sub-paragraph (3) of paragraph 2 of this Schedule.".
295 THE CONSTITUTION OF INDIA
(Sixth Schedule)
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.
12. 2[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, —
______________________________________________
1.
Paragraph 12 has been amended to its application to the State of Assam by the Sixth Schedule
to the Constitution (Amendment) Act, 1995 (42 of 1995), s. 2 (w.e.f. 12-9-1995) as under,-
‘in paragraph 12, in sub-paragraph (1), for the words and figure “matters specified in
paragraph 3 of this Schedule”, the words, figures and letter “matters specified in paragraph 3
or paragraph 3A of this Schedule” shall be substituted.’.
Paragraph 12 has been amended in its application to the State of Assam by the Sixth Schedule
to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2 (w.e.f. 7-9-2003), as under,—
‘in paragraph 12, in sub-paragraph (1), in clause (a), for the words, figures and letter “matters
specified in paragraph 3 or paragraph 3A of this Schedule”, the words, figures and letters
“matters specified in paragraph 3 or paragraph 3A or paragraph 3B of this Schedule” shall be
substituted.’.
(a) no Act of the 1[Legislature of the State of Assam] in respect
of any of the matters specified in paragraph 3 of this Schedule as
matters with respect to which a District Council or a Regional Council
may make laws, and no Act of the 1[Legislature of the State of Assam]
prohibiting or restricting the consumption of any non-distilled alcoholic
liquor shall apply to any autonomous district or autonomous region 2[in
that State] unless in either case the District Council for such district or
having jurisdiction over such region by public notification so directs,
and the District Council in giving such direction with respect to any
Act may direct that the Act shall in its application to such district or
region or any part thereof have effect subject to such exceptions or
modifications as it thinks fit;
(b) the Governor may, by public notification, direct that any
Act of Parliament or of the 1[Legislature of the State of Assam] to
which the provisions of clause (a) of this sub-paragraph do not apply
shall not apply to an autonomous district or an autonomous region
[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.
[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.]
[12AA. Application of Acts of Parliament and of the Legislature
of the State of Tripura to the autonomous districts and autonomous
regions in the State of Tripura.—Notwithstanding anything in this
Constitution,—
(a) no Act of the Legislature of the State of Tripura in respect of
any of the matters specified in paragraph 3 of this Schedule as matters
with respect to which a District Council or a Regional Council may
make laws, and no Act of the Legislature of the State of Tripura
prohibiting or restricting the consumption of any non-distilled alcoholic
liquor shall apply to the autonomous district or an autonomous region
in that State unless, in either case, the District Council for that district
or having jurisdiction over such region by public notification so directs,
and the District Council in giving such direction with respect to any Act
may direct that the Act shall, in its application to that district or such
region or any part thereof have effect subject to such exceptions or
modifications as it thinks fit;
______________________________________________
1. Paragraph 12AA ins. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 4
(w.e.f. 1-4-1985) and subsequently subs. by the Sixth Schedule to the Constitution
(Amendment) Act, 1988 (67 of 1988), s. 2 (w.e.f. 16-12-1988).
298 THE CONSTITUTION OF INDIA
(Sixth Schedule)
(b) the Governor may, by public notification, direct that any Act of
the Legislature of the State of Tripura to which the provisions of clause
(a) of this sub-paragraph do not apply, shall not apply to the autonomous
district or an autonomous region in that State, or shall apply to that
district or such region, or any part thereof, subject to such exceptions or
modifications, as he may specify in the notification;
(c) the President may, with respect to any Act of Parliament, by
notification, direct that it shall not apply to the autonomous district or an
autonomous region in the State of Tripura, or shall apply to such district
or region or any part thereof, subject to such exceptions or modifications
as he may specify in the notification and any such direction may be given
so as to have retrospective effect.]
[12B. Application of Acts of Parliament and of the Legislature of
the State of Mizoram to autonomous districts and autonomous regions
in the State of Mizoram.—Notwithstanding anything in this
Constitution,—
(a) no Act of the Legislature of the State of Mizoram in respect
of any of the matters specified in paragraph 3 of this Schedule as
matters with respect to which a District Council or a Regional
Council may make laws, and no Act of the Legislature of the State of
Mizoram prohibiting or restricting the consumption of any
non-distilled alcoholic liquor shall apply to any autonomous district
or autonomous region in that State unless, in either case, the District
Council for such district or having jurisdiction over such region, by
public notification, so directs, and the District Council, in giving such
direction with respect to any Act, may direct that the Act shall, in its
application to such district or region or any part thereof, have effect
subject to such exceptions or modifications as it thinks fit;
(b) the Governor may, by public notification, direct that any Act of
the Legislature of the State of Mizoram to which the provisions of clause
(a) of this sub-paragraph do not apply, shall not apply to an autonomous
district or an autonomous region in that State, or shall apply 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 1*** shall be first placed before the District Council for discussion
and then after such discussion be shown separately in the annual financial
statement of the State to be laid before the Legislature of the State under
article 202.
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. Paragraph 14 has been amended in its application to the State of Assam by the
Sixth Schedule to the Constitution (Amendment) Act, 1995 (42 of 1995), s. 2
(w.e.f.12.9.1995) as under:—
‘in paragraph 14, in sub-paragraph (2), the words “with the recommendations
of the Governor with respect thereto” shall be omitted.’.
300 THE CONSTITUTION OF INDIA
(Sixth Schedule)
(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 1[the
Government of the State.]
(3) In allocating the business of the Government of the State among
his Ministers the Governor may place one of his Ministers specially in
charge of the welfare of the autonomous districts and autonomous regions in
the State.
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 3[or is likely to be prejudicial to public order], he may annul
or suspend such act or resolution and take such steps as he may consider
necessary (including the suspension of the Council and the assumption to
himself of all or any of the powers vested in or exercisable by the Council)
to prevent the commission or continuance of such act, or the giving of effect
to such resolution.
(2) Any order made by the Governor under sub-paragraph (1) of this
paragraph together with the reasons therefor shall be laid before the
Legislature of the State as soon as possible and the order shall, unless
revoked by the Legislature of the State, continue in force for a period of
twelve months from the date on which it was so made:
Provided that if and so often as a resolution approving the
continuance in 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.
______________________________________________
2. Paragraph 15 has been amended in its application to the States of Tripura and
Mizoram by the Sixth Schedule to the Constitution (Amendment) Act, 1988 (67
of 1988), s. 2 (w.e.f. 16-12-1988), as under,—
‘In paragraph 15, in sub-paragraph (2),-
(a) in the opening paragraph, for the words “by the Legislature of the
State”, the words “by him” shall be substituted;
(b) the proviso shall be omitted.’.
16. Dissolution of a District or a Regional Council.— 2[(1)] The
Governor may on the recommendation of a Commission appointed under
paragraph 14 of this Schedule by public notification order the dissolution of
a District or a Regional Council, and—
(a) direct that a fresh general election shall be held
immediately for the reconstitution of the Council, or
(b) subject to the previous approval of the Legislature of the
State assume the administration of the area under the authority of
such Council himself or place the administration of such area under
the Commission appointed under the said paragraph or any other
body considered suitable by him for a period not exceeding twelve
months:
Provided that when an order under clause (a) of this paragraph has
been made, the Governor may take the action referred to in clause (b) of this
paragraph with regard to the administration of the area in question pending
the reconstitution of the Council on fresh general election:
Provided further that no action shall be taken under clause (b) of this
paragraph without giving the District or the Regional Council, as the case
may be, an opportunity of placing its views before the Legislature of the
State.
______________________________________________
1. Paragraph 16 has been amended in its application to the States of Tripura and
Mizoram by the Sixth Schedule to the Constitution (Amendment) Act, 1988
(67 of 1988) s. 2 (w.e.f. 16-12-1988), as under:—
‘(a) in sub-paragraph (1), the words “subject to the previous approval of the
Legislature of the State” occurring in clause (b), and the second proviso shall be
omitted;
(b) for sub-paragraph (3), the following sub-paragraph shall be substituted,
namely:—
“(3) Every order made under sub-paragraph (1) or sub-paragraph (2) of
this paragraph, along with the reasons therefor shall be laid before the
Legislature of the State.”.’.
2. Paragraph 16 renumbered as sub-paragraph (1) thereof by the Assam
Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and Fourth Sch.
(w.e.f. 2-4-1970).
302 THE CONSTITUTION OF INDIA
(Sixth Schedule)
[(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 that State Legislature.]
17. Exclusion of areas from autonomous districts in forming
constituencies in such districts.—For the purposes of elections to 3[the
Legislative Assembly of Assam or Meghalaya] 4[or Tripura] 5[or Mizoram],
the Governor may by order declare that any area within an autonomous
district 6[in the State of Assam or Meghalaya 4[or Tripura] 5[or Mizoram],
as the case may be,] shall not form part of any constituency to fill a seat or
seats in the 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.
[18.* * * * *]
______________________________________________
2. Paragraph 17 has been amended in its application to the State of Assam by the
Sixth Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2
(w.e.f. 7-9-2003), so as to insert the following proviso, namely:—
“Provided that nothing in this paragraph shall apply to the Bodoland Territorial
Areas District.”.
7. Paragraph 18 omitted by s. 71(i) and Eighth Sch., ibid. (w.e.f. 21-1-1972).
303 THE CONSTITUTION OF INDIA
(Sixth Schedule)
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;
(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.
______________________________________________
1. 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
(w.e.f. 7-9-2003), so as to insert the following sub-paragraph after sub-paragraph
(3), namely :—
‘(4) As soon as possible after the commencement of this Act an 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.’.
304 THE CONSTITUTION OF INDIA
(Sixth Schedule)
(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.
[20. Tribal areas.—(1) The areas specified in Parts I, II 2[, IIA] and
III of the table below shall respectively be the tribal areas within the State of
Assam, the State of Meghalaya 2[, the State of Tripura] and the 3[State] of
Mizoram.
(2) 4[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 5[Khasi Hills District].
[(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
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1. Paragraph 20 subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of
1971), s. 71(i) and Eighth Sch., for paragraph 20 (w.e.f. 21-1-1972).
Source: Constitution of India, Legislative Department, Government of India. Reproduced under Section 52(1)(q), Copyright Act 1957.