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.” 2 [III A Form of oath or affirmation to be made by a candidate for election to Parliament:— “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.”]  See also arts. 84 (a) and 173 (a).

  1. Ins. by the Constitution (Sixteenth Amendment) Act, 1963, s. 5 (w.e.f. 5-10-1963).
  2. Subs. by ibid., for Form III.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 . solemnly affirm faith and allegiance to the Constitution of India as by law established, 1 [that I will uphold the sovereignty and integrity of India,] that I will duly and faithfully and to the best of my ability, knowledge and 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 and allegiance to the Constitution solemnly affirm 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 indirectly communicate or reveal solemnly affirm to any person or persons any matter which shall be brought under my consideration or shall become known to me as a Minister for the State of ………………..except as may be required for the due discharge of my duties as such Minister.” 2 [VII A Form of oath or affirmation to be made by a candidate for election to the Legislature of a State:— “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 allegiance . solemnly affirm 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 I will bear true faith and allegiance to the Constitution solemnly affirm 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.”]
  3. Ins. by the Constitution (Sixteenth Amendment) Act, 1963, s. 5 (w.e.f. 5-10-1963).
  4. Subs. by ibid., for form VII. 186VIII 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 true faith and allegiance to the Constitution of India as solemnly affirm 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 .”
  5. Ins. by the Constitution (Sixteenth Amendment) Act, 1963, s. 5 (w.e.f. 5-10-1963). 1871 [FOURTH SCHEDULE [Articles 4(1) and 80(2)] Allocation of seats in the Council of States To each State or Union territory specified in the first column of the following table, there shall be allotted the number of seats specified in the second column thereof opposite to that State or that Union territory, as the case may be: TABLE 2
  6. Andhra Pradesh ……………………………………… 3 [2. Telangana ……………………………………………… 7] 4 Assam …………………………………………………… 7 4 Bihar …………………………………………………….. 6 4 Jharkhand ……………………………………………… 6] 7 8 4 Goa ………………………………………………………. 1] 9 8 4 Gujarat ………………………………………………….. 11] 10 8 4 Haryana ………………………………………………… 5] [3.] [4.] [ [5.] [ [ [6.] [ [ [7.] [ [ [8.] [11] 5 [16]
  7. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 3, for the Fourth Schedule (w.e.f. 1-11-1956).
  8. Subs. by the Andhra Pradesh Reorganisation Act, 2014 (6 of 2014), s. 12, for “18” (w.e.f. 2-6-2014).
  9. Ins. by ibid.
  10. Entries 2 to 30 renumbered as entries 3 to 31 respectively by ibid.
  11. Subs. by the Bihar Reorganisation Act, 2000 (30 of 2000), s. 7, for “22” (w.e.f. 15-11-2000).
  12. Ins. by ibid.
  13. Ins. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 6 (w.e.f. 30-5-1987).
  14. 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).
  15. Subs. by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 6, for entry “4” (w.e.f. 1-5-1960).
  16. Ins. by the Punjab Reorganisation Act, 1966 (31 of 1966), s. 9 (w.e.f. 1-11-1966). 1881 2 Kerala …………………………………………………… 1 2 Madhya Pradesh …………………………………….. 4 1 2 Chhattisgarh ………………………………………….. 5 1 2 Tamil Nadu ……………………………………………. 7 1 2 Maharashtra …………………………………………… 19 8 1 2 Karnataka ……………………………………………… 12 1 2 9 10 1 2 Punjab …………………………………………………… 1 2 Rajasthan ………………………………………………. 1 2 Uttar Pradesh …………………………………………. 12 1 2 13 [Uttarakhand ……………………………………….. 3] 1 2 West Bengal ………………………………………….. 16 14 1 2 * * …………………………………………… *] 16 15 1 2 Nagaland ……………………………………………….. 1] [ [9.] [ [10.] [ [ [11.] [ [ [12.] [ [ [13.] [ [ [14.] [ [15.] [ [16.] [ [17.] [ [18.] [ [ [19.] [ [20.] [ [ [**.] [ [ [ [21.]] 9 3 [11] 5 6 [18] [Odisha] ………………………………………………..
  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 (6 of 2014), s. 12 (w.e.f. 2-6-2014).
  3. Subs. by the Madhya Pradesh Reorganisation Act, 2000 (28 of 2000), s. 7, for “16” (w.e.f. 1-11-2000).
  4. Ins. by ibid.
  5. Subs. by the Madras State (Alteration of Name) Act, 1968 (53 of 1968), s. 5, for “8. Madras” (re-numbered as *11) (w.e.f. 14- 1-1969).
  6. Subs. by the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959 (56 of 1959), s. 8, for “17” (w.e.f. 1-4-1960).
  7. Ins. by the Bombay Reorgansiation Act, 1960 (11 of 1960), s. 6 (w.e.f. 1-5-1960).
  8. Subs. by the Mysore State (Alteration of Name) Act, 1973 (31 of 1973), s. 5, for “10. Mysore” (re-numbered as “13”) (w.e.f. 1- 11-1973).
  9. Subs. by the Orissa (Alteration of Name) Act, 2011, s. 7, for “Orissa” (w.e.f. 1-11-2011).
  10. Subs. by the Punjab Reorganisation Act, 1966 (31 of 1966), s. 9, for “11”(w.e.f. 1-11-1966).
  11. Subs. by the Uttar Pradesh Reorganisation Act, 2000 (29 of 2000), s. 7, for “34” (w.e.f. 9-11-2000).
  12. Ins. by ibid.
  13. Subs. by the Uttaranchal (Alteration of Name) Act, 2006 (52 of 2006), s. 41, for “Uttaranchal” (w.e.f. 1-1-2007).
  14. ** Entry 21 relating to Jammu and Kashmir deleted by the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019), s. 8 (w.e.f. 31-10-2019).
  15. Ins. by the State of Nagaland Act, 1962 (27 of 1962), s. 6 (w.e.f. 1-12-1963).
  16. 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). 1891 2 3 4 Himachal Pradesh …………………………………… 3] 3 2 4 Manipur ………………………………………………… 1] 3 2 4 Tripura ………………………………………………….. 1 3 2 4 Meghalaya …………………………………………….. 1 5 3 2 4 Sikkim ………………………………………………….. 1] 6 3 2 4 Mizoram ……………………………………………….. 1] 7 1 3 4 Arunachal Pradesh ………………………………….. 1] 3 2 4 Delhi …………………………………………………….. 3 3 2 4 8 [Puducherry] ………………………………………… 1 Jammu and Kashmir ………………………… 4] [ [ [ [22.]] [ [ [23.]] [ [ [24.]] [ [ [25.]] [ [ [ [26.]]] [ [ [ [27.]] [ [ [ [28.]] [ [ [29.]] [ [ [30.]] 9 [31. Total 10 [233]
  17. Ins. by the State of Himachal Pradesh Act, 1970 (53 of 1970), s. 5 (w.e.f. 25-1-1971).
  18. 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).
  19. 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).
  20. Entries 22 to 31 renumbered as entries 21 to 30 respectively the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019), s. 8 (w.e.f. 31-10-2019).
  21. Ins. by the Constitution (Thirty-sixth Amendment) Act, 1975, s. 4 (w.e.f. 26-4-1975).
  22. Ins. by the State of Mizoram Act, 1986 (34 of 1986), s. 5 (w.e.f. 20-2-1987).
  23. Ins. by the State of Arunachal Pradesh Act, 1986 (69 of 1986), s. 5 (w.e.f. 20-2-1987).
  24. Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 4, for “Pondicherry” (w.e.f. 1-10-2006).
  25. Ins. by the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019), s. 8 (w.e.f. 31-10-2019).
  26. Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 6, for “232” (w.e.f. 30-5-1987). 190FIFTH SCHEDULE [Article 244(1)] Provisions as to the Administration and Control of Scheduled Areas and Scheduled Tribes PART A G ENERAL
  27. 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.]]]
  28. 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.
  29. 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 A DMINISTRATION AND C ONTROL OF S CHEDULED A REAS AND S CHEDULED T RIBES
  30. 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: 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 6 ***. (3) The Governor 5 *** 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.
  31. The words and letters “means a State specified in Part A or Part B of the First Schedule but” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
  32. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71, for “State of Assam” (w.e.f. 21-1-1972).
  33. Subs. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 3 for “and Meghalaya” (w.e.f. 1-4-1985).
  34. Subs. by the State of Mizoram Act, 1986 (34 of 1986), s. 39, for “Meghalaya and Tripura” (w.e.f. 20-2-1987).
  35. The words “or Rajpramukh” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
  36. The words “or Rajpramukh, as the case may be” omitted by ibid.
  37. 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 1 *** 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; (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 *** 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. 1 (4) All regulations made under this paragraph shall be submitted forthwith to the President and, until assented to by him, shall have no effect. (5) No regulation shall be made under this paragraph unless the Governor 2 *** making the regulation has, in the case where there is a Tribes Advisory Council for the State, consulted such Council. PART C S CHEDULED A REAS
  38. Scheduled Areas.—(1) In this Constitution, the expression “Scheduled Areas” means such areas as the President may by order 3 declare to be Scheduled Areas. (2) The President may at any time by order 4 — (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; 5 [(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;
  39. The words “or Rajpramukh” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
  40. The words “or the Rajpramukh” omitted by ibid.
  41. See the Scheduled Areas (Part A States) Order, 1950 (C.O. 9), the Scheduled Areas (Part B States) Order, 1950 (C.O. 26), the Scheduled Areas (Himachal Pradesh) Order, 1975 (C.O. 102) and the Scheduled Areas (States of Bihar, Gujarat, Madhya Pradesh and Orissa) Order, 1977 (C.O. 109).
  42. See the Madras Scheduled Areas (Cessor) Order, 1950 (C.O. 30) and the Andhra Scheduled Areas (Cessor) Order, 1955 (C.O. 50).
  43. Ins. by the Fifth Schedule to the Constitution (Amendment) Act, 1976 (101 of 1976), s. 2 (w.e.f. 7-9-1976). 192(c) on any alteration of the boundaries of a State or on the admission into the Union or the establishment of a new State, declare any territory not previously included in any State to be, or to form part of, a Scheduled Area; 1 [(d) rescind, in relation to any State or States, any order or orders made under this paragraph, and in consultation with the Governor of the 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 A MENDMENT OF THE S CHEDULE
  44. 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.
  45. Ins. by the Fifth Schedule to the Constitution (Amendment) Act, 1976 (101 of 1976), s. 2 (w.e.f. 7-9-1976). 193SIXTH SCHEDULE [Articles 244(2) and 275(1)] Provisions as to the Administration of Tribal Areas in 1 [the States of Assam, Meghalaya, Tripura and Mizoram] 2
  46. Autonomous districts and autonomous regions.—(1) Subject to the provisions of this paragraph, the tribal areas in each item of 3 [ 4 [Parts I, II and IIA] and in Part III] of the table appended to paragraph 20 of this Schedule shall be an autonomous district. (2) If there are different Scheduled Tribes in an autonomous district, the Governor may, by public notification, divide the area or areas inhabited by them into autonomous regions. (3) The Governor may, by public notification,— (a) include any area in 3 [any of the Parts] of the said table, (b) exclude any area from 3 [any of the Parts] of the said table, (c) create a new autonomous district, (d) increase the area of any autonomous district, (e) diminish the area of any autonomous district, (f) unite two or more autonomous districts or parts thereof so as to form one autonomous district, 5 [(ff) alter the name of any autonomous district], (g) define the boundaries of any autonomous district: 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: 6 [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. 7-8-9
  47. Constitution of District Councils and Regional Councils.— 10 [(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.]
  48. Subs. by the State of Mizoram Act, 1986 (34 of 1986), s. 39, for certain words (w.e.f. 20-2-1987).
  49. 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.
  50. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and Eighth Sch., for “Part A” (w.e.f. 21-1-1972).
  51. Subs. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 4, for “Parts I and II” (w.e.f. 1-4-1985).
  52. Ins. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and Fourth Sch. (w.e.f. 2-4-1970).
  53. Ins. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and Eighth Sch. (w.e.f. 21-1-1972).
  54. 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 :”
  55. Paragraph 2 has been amended in its application to the State of Assam by the Sixth Schedule to the Constitution (Amendment) Act, 1995 (42 of 1995), s. 2, so as to insert the following proviso after sub-paragraph (3), namely : — “Provided that the District Council constituted for the North Cachar Hills District shall be called as the North Cachar Hills Autonomous Council and the District Council constituted for the Karbi Anglong District shall be called as the Karbi Anglong Autonomous Council.”
  56. Paragraph 2 has been amended in its application to the State of Assam by the Sixth Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, so as to insert the following proviso after sub-paragraph (3), namely:— Provided further that the District Council constituted for the Bodoland Territorial Areas District shall be called the Bodoland Territorial Council.”.
  57. Subs. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and Fourth Sch., for sub-paragraph (1) (w.e.f. 2-4-1970). 194(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]; (f) any other matter relating to or connected with elections or nominations to such Councils; (g) the procedure and the conduct of business 2 [(including the power to act notwithstanding any vacancy)] in the District and Regional Councils; (h) the appointment of officers and staff of the District and Regional Councils. 1 [(6A) The elected members of the District Council shall hold office for a term of five years from the date appointed for the first meeting of the Council after the general elections to the Council, unless the District Council is sooner dissolved under paragraph 16 and a nominated member shall hold office at the pleasure of the Governor: 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 3 [with the approval of the Governor] with regard to the matters specified in sub-paragraph (6) of this paragraph and may also make 2 [rules 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:
  58. Subs. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and Fourth Sch., for “such councils” (w.e.f. 2-4-1970).
  59. Ins. by ibid.
  60. Ins. by ibid. 195Provided that until rules are made by the District or the Regional Council under this sub-paragraph the rules made by the Governor under sub-paragraph (6) of this paragraph shall have effect in respect of elections to, the officers and staff of, and the procedure and the conduct of business in, each such Council. 1
  1. Powers of the District Councils and Regional Councils to make laws.—(1) The Regional Council for an autonomous region in respect of all areas within such region and the District Council for
  2. 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).
  3. 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.” .
  4. 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 and after paragraph 3A, the following paragraph has been inserted in its application to the State of Assam by the Sixth Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, namely: — “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; (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."
  5. After paragraph 3A, the following paragraph has been inserted in its application to the State of Assam by the Sixth Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, namely:– “3B. Additional powers of the Bodoland Territorial Council to make laws.—(1) Without prejudice to the provisions of paragraph 3, the Bodoland Territorial Council within its areas shall have power to make laws with respect to:— (i) agriculture, including agricultural education and research, protection against pests and prevention of plant diseases; (ii) animal husbandry and veterinary, that is to say, preservation, protection and improvement of stock and prevention of animal 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 of village, paddy fields, markets and towns (not of technical nature); (viii) Food and civil supply; 196(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) pubic health engineering; (xxv) public works department; (xxvi) publicity and public relations; (xxvii) registration of births and deaths; (xxviii) relief and rehabilitation; (xxix) sericulture; (xxx) small, cottage and rural industry subject to the provisions of entries 7 and 52 of List I of the Seventh Schedule; (xxxi) social Welfare; (xxxii) soil conservation; (xxxiii) sports and youth welfare; (xxxiv) statistics; (xxxv) tourism; (xxxvi) transport (roads, bridges, ferries and other means of communications not specified in List I of the Seventh Schedule, municipal tramways, ropeways, inland waterways and traffic thereon subject to the provision of List I and List III of the Seventh Schedule with regard to such waterways, vehicles other than mechanically propelled vehicles); (xxxvii) tribal research institute controlled and financed by the State Government; (xxxviii) urban development— town and country 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 month 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.”. 197an 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; 2 [(i) marriage and divorce;] (j) social customs. (2) In this paragraph, a “reserved forest” means any area which is a reserved forest under the Assam Forest Regulation, 1891, or under any other law for the time being in force in the area in question. (3) All laws made under this paragraph shall be submitted forthwith to the Governor and, until assented to by him, shall have no effect. 3
  6. 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.
  7. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and Eighth Sch., for certain words (w.e.f. 21-1-1972).
  8. Subs. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and Fourth Sch., for cl. (1) (w.e.f. 2-4-1970).
  9. 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, so as to insert the following sub-paragraph after sub-paragraph (5), namely(w.e.f. 7-9-2003) :— “(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.” . 198(3) The High Court 1 *** 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— (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. 2 [(5) On and from such date as the President may, 3 [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 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.]
  10. The words “of Assam” omitted by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and Eighth Sch. (w.e.f. 21-1-1972).
  11. Ins. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and Fourth Sch. (w.e.f. 2-4-1970).
  12. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and Eighth Sch., for certain words (w.e.f. 21-1-1972).
  13. Conferment of powers under the Code of Civil Procedure, 1908, and the Code of Criminal Procedure, 1898 1 , on the Regional and District Councils and on certain courts and officers for the trial of certain suits, cases and offences.—(1) The Governor may, for the trial of suits or cases arising out of any law in force in any autonomous district or region being a law specified in that behalf by the Governor, or for the trial of offences punishable with death, transportation for life, or imprisonment for a term of not less than five years under the Indian Penal Code or under any other law for the time being applicable to such district or region, confer on the District Council or the Regional Council having authority over such district or region or on courts constituted by such District Council or on any officer appointed in that behalf by the Governor, such powers under the Code of Civil Procedure, 1908, or, as the case may be, the Code of Criminal Procedure, 1898 1 , 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, 1898 1 , 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. 2 [(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.] 3 [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, 4 [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 5 *** 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. 6 [(2) The Governor may make rules for the management of the District Fund, or, as the case may be, the Regional Fund and for the procedure to be followed in respect of payment of money into the said Fund, the withdrawal of moneys therefrom, the custody of moneys therein and any other matter connected with or ancillary to the matters aforesaid.
  14. See the Code of Criminal Procedure, 1973 (2 of 1974).
  15. Ins. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and Fourth Sch. (w.e.f. 2-4-1970).
  16. Subs. by ibid., for “paragraph 6”.
  17. Subs. by the Repealing and Amending Act, 1974 (56 of 1974), s. 4, for “cattle pounds” (w.e.f. 20-12-1974).
  18. The words “of Assam or Meghalaya, as the case may be” omitted by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and Eighth Sch. (w.e.f. 21-1-1972).
  19. Subs. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and Fourth Sch., for sub-paragraph (2) (w.e.f. 2-4-1970). 200(3) The accounts of the District Council or, as the case may be, the Regional Council shall be kept in such form as the Comptroller and Auditor-General of India may, with the approval of the President, prescribe. (4) The Comptroller and Auditor-General shall cause the accounts of the District and Regional Councils to be audited in such manner as he may think fit, and the reports of the Comptroller and Auditor- General relating to such accounts shall be submitted to the Governor who shall cause them to be laid before the Council.]
  20. 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 1 [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; 2 *** (d) taxes for the maintenance of schools, dispensaries or roads; 3 [and] 4 [(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 5 [and every such regulation shall be submitted forthwith to the Governor and, until assented to by him, shall have no effect.] 6
  21. 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 7 [the Government of the State] in respect of any area within an autonomous district as may be agreed upon between 7 [the Government of the State] and the District Council of such district shall be made over to that District Council.
  22. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and Eighth Sch., for certain words (w.e.f. 21- 1-1972).
  23. Omitted by the Constitution (One Hundred and First Amendment) Act, 2016, s. 16(i) (w.e.f. 16-9-2016).
  24. Ins. by s. 16(ii), ibid.
  25. Ins. by s. 16(iii), ibid.
  26. Ins. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and Fourth Sch. (w.e.f. 2-4-1970).
  27. Paragraph 9 has been amended in its application to the State 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).”
  28. Subs. by North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and Eighth Sch., for “the Government of Assam” (w.e.f. 21-1-1972). 201(2) If any dispute arises as to the share of such royalties to be made over to a District Council, it shall be referred to the Governor for determination and the amount determined by the Governor in his discretion shall be deemed to be the amount payable under sub-paragraph (1) of this paragraph to the District Council and the decision of the Governor shall be final. 1 [(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).] 2-3
  29. 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 : 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.
  30. 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, so as to insert the sub-paragraph (3) after sub-paragraph (2).
  31. 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), 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.”
  32. 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, 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.”. 2021 [(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.]
  33. 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. 2-3
  34. 4 [Application of Acts of Parliament and of the Legislature of the State of Assam to autonomous districts and autonomous regions in the State of Assam].— (1) Notwithstanding anything in this Constitution, — (a) no Act of the 5 [Legislature of the State of Assam] in respect of any of the matters specified in paragraph 3 of this Schedule as matters with respect to which a District Council or a Regional Council may make laws, and no Act of the Legislature of the State of Assam prohibiting or restricting the consumption of any non-distilled alcoholic liquor shall apply to any autonomous district or autonomous region 6 [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 [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 6 [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. 5 (2) Any direction given under sub-paragraph (1) of this paragraph may be given so as to have retrospective effect. 7 [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
  35. 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 , 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.”.
  36. 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.’.
  37. 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, 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 letter “matters specified in paragraph 3 or paragraph 3A or paragraph 3B of this Schedule” shall be substituted.’.
  38. Subs. by North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and Eighth Sch., for the heading (w.e.f. 21-1-1972).
  39. Subs. by ibid., for “Legislature of the State”.
  40. Ins. by ibid.
  41. Subs. by ibid., for “paragraph 12A, by paragraph 12A and 12B”. 203or, 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.] 1 [12AA. Application of Acts of Parliament and of the Legislature of the State of Tripura to the autonomous districts and autonomous regions in the State of Tripura.—Notwithstanding anything in this Constitution,— (a) no Act of the Legislature of the State of Tripura in respect of any of the matters specified in paragraph 3 of this Schedule as matters with respect to which a District Council or a Regional Council may make laws, and no Act of the Legislature of the State of Tripura prohibiting or restricting the consumption of any non-distilled alcoholic liquor shall apply to 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 that district or such region or any part thereof have effect subject to such exceptions or modifications as it thinks fit; (b) the Governor may, by public notification, direct that any Act of the Legislature of the State of Tripura to which the provisions of clause (a) of this sub-paragraph do not apply, shall not apply to the autonomous district or an autonomous region in that State, or shall apply to that district or such region, or any part thereof, subject to such exceptions or modifications, as he may specify in the notification; (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
  42. Subs. by Sixth Schedule to the Constitution (Amendment) Act, 1988, s. 2, for paragraphs 12AA and 12B (w.e.f. 16-12-1988). Paragraph 12AA was ins. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 4 (w.e.f. 1-4-1985). 204such 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.]
  43. 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. 2
  44. Appointment of Commission to inquire into and report on the administration of autonomous districts and autonomous regions.—(1) The Governor may at any time appoint a Commission to examine and report on any matter specified by him relating to the administration of the autonomous districts and autonomous regions in the State, including matters specified in clauses (c), (d), (e) and (f) of sub-paragraph (3) of paragraph 1 of this Schedule, or may appoint a Commission to inquire into and report from time to time on the administration of autonomous districts and autonomous regions in the State generally and in particular on— (a) the provision of educational and medical facilities and communications in such districts and regions; (b) the need for any new or special legislation in respect of such districts and regions; and (c) the administration of the laws, rules and regulations made by the District and Regional Councils; and define the procedure to be followed by such Commission. (2) The report of every such Commission with the recommendations of the Governor with respect thereto shall be laid before the Legislature of the State by the Minister concerned together with an explanatory memorandum regarding the action proposed to be taken thereon by 3 [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. 4
  45. 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 5 [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.
  46. The words “of Assam” omitted by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and Eighth Sch., (w.e.f. 21-1-1972).
  47. Paragraph 14 has been amended in its application to the State of Assam by the Sixth Schedule to the Constitution (Amendment) Act, 1995 (42 of 1995) , s. 2, as under,- ‘in paragraph 14, in sub-paragraph (2), the words “with the recommendations of the Governor with respect thereto” shall be omitted.’.
  48. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and Eighth Sch. for “the Government of Assam” (w.e.f. 21-1-1972).
  49. Paragraph 15 has been amended in its application to the States of Tripura and Mizoram by the Sixth Schedule to the Constitution (Amendment) Act, 1988 (67 of 1988), s. 2, (w.e.f. 16-12-1988) as under,– ‘(a) in the opening paragraph, for the words “by the Legislature of the State”, the words “by him” shall be substituted; (b) the proviso shall be omitted.’.
  50. Ins. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and Fourth Sch. (w.e.f. 2-4-1970). 205(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. 1
  51. 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. 3 [(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.]
  52. 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.”.’.
  53. Paragraph 16 re-numbered 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).
  54. Ins. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and Fourth Sch. (w.e.f. 2-4-1970). 2061
  55. Exclusion of areas from autonomous districts in forming constituencies in such districts.— For the purposes of elections to 2 [the Legislative Assembly of Assam or Meghalaya] 3 [or Tripura] 4 [or Mizoram], the Governor may by order declare that any area within an autonomous district 5 [in the State of Assam or Meghalaya 3 [or Tripura] 4 [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. 6 [18.*
  1. 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.
  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, so as to insert the following proviso, namely:— “Provided that nothing in this paragraph shall apply to the Bodoland Territorial Areas District.”.
  3. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and Eighth Sch. for “the Legislative Assembly of Assam” (w.e.f. 21-1-1972).
  4. Ins. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 4 (w.e.f. 1-4-1985).
  5. Ins. by the State of Mizoram Act, 1986 (34 of 1986), s. 39 (w.e.f. 20-2-1987).
  6. Ins. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and Eighth Sch. for “the Legislative Assembly of Assam” (w.e.f. 21-1-1972).
  7. Paragraph 18 omitted by ibid.
  8. Paragraph 19 has been amended in its application to the State of Assam by the Sixth Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, so as to insert the following sub-paragraph after sub-paragraph (3), namely :— ‘(4) As soon as possible after the commencement of this Act, and Interim Executive Council for Bodoland Territorial Areas District in Assam shall be formed by the Governor from amongst leaders of the Bodo movement, including the signatories to the Memorandum of Settlement, and shall provide adequate representation to the non-tribal communities in that area: Provided that Interim Council shall be for a period of six months during which endeavour to hold the election to the Council shall be made. Explanation.– For the purposes of this sub-paragraph, the expression “Memorandum of Settlement” means the Memorandum signed on the 10th day of February, 2003 between Government of India, Government of Assam and Bodo Liberation Tigers.’. 207(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. 1 [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]. 6 [(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.] T ABLE P ART I
  9. The North Cachar Hills District.
  10. 7 [The Karbi Anglong District.] 8 [3. The Bodoland Territorial Area District.] P ART II 5 [1. Khasi Hills District.
  11. Jaintia Hills District.]
  12. The Garo Hills District. 1
  13. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and Eighth Sch., for paragraphs 20 and 20A (w.e.f. 21-1-1972) and paragraph 20A further substituted by the Government of Union Territory (Amendment) Act, 1971 (83 of
  1. s. 13 (w.e.f. 29-4-1972).
  1. Ins. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 4 (w.e.f. 1-4-1985).
  2. Subs. by the State of Mizoram Act, 1986 (34 of 1986), s. 39, for “Union Territory” (w.e.f. 20-2-1987).
  3. Subs. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 4, for “any reference in the table below” (w.e.f. 1-4-1985).
  4. Subs. by the Government of Meghalaya notification No. DCA 31/72/11, dated the 14 th June, 1973, Gazette of Meghalaya, Pt. VA, dated 23-6-1973, p. 200.
  5. Ins. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 4 (w.e.f. 1-4-1985).
  6. Subs. by the Government of Assam notification No. TAD/R/115/74/47, dated the 14-10-1976, for “The Mikir Hills District”.
  7. Ins. by the Sixth Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2 (w.e.f. 7-9-2003). 2081 [P ART IIA Tripura Tribal Areas District] Part III 2
  1. The Lai District.]] 5 [20A. Dissolution of the Mizo District Council.—(1) Notwithstanding anything in this Schedule, the District Council of the Mizo District existing immediately before the prescribed date (hereinafter referred to as the Mizo District Council) shall stand dissolved and cease to exist. (2) The Administrator of the Union territory of Mizoram may, by one or more orders, provide for all or any of the following matters, namely:— (a) the transfer, in whole or in part, of the assets, rights and liabilities of the Mizo District Council (including the rights and liabilities under any contract made by it) to the Union or to any other authority; (b) the substitution of the Union or any other authority for the Mizo District Council, or the addition of the Union or any other authority, as a party to any legal proceedings to which the Mizo District Council is a party; (c) the transfer or re-employment of any employees of the Mizo District Council to or by the Union or any other authority, the terms and conditions of service applicable to such employees after such transfer or re-employment; (d) the continuance of any laws, made by the Mizo District Council and in force immediately before its dissolution, subject to such adaptations and modifications, whether by way of repeal or amendment, as the Administrator may make in this behalf, until such laws are altered, repealed or amended by a competent Legislature or other competent authority; (e) such incidental, consequential and supplementary matters as the Administrator considers necessary. Explanation.—In this paragraph and in paragraph 20B of this Schedule, the expression “prescribed date” means the date on which the Legislative Assembly of the Union territory of Mizoram is duly constituted under and in accordance with the provisions of the Government of Union Territories Act, 1963.
  2. Ins. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 4 (w.e.f. 1-4-1985).
  3. The words “The Mizo District” omitted by the Government of Union Territories (Amendment) Act, 1971 (83 of 1971), s. 13 (w.e.f. 29-4-1972).
  4. Ins. by the Mizoram District Council (Miscellaneous Provisions) Order, 1972, published in the Mizoram Gazette, 1972, dated the 5 th May, 1972, Vol. I, Pt. II, p. 17 (w.e.f. 29-4-1972).
  5. Subs. by the Sixth Schedule to the Constitution (Amendment) Act, 1988 (67 of 1988), s. 2, for serial numbers 2 and 3 and the entries relating thereto (w.e.f. 16-12-1988).
  6. Subs. by the Government of Union Territories (Amendment) Act, 1971 (83 of 1971), s. 13, for paragraph 20A by paragraph 20A, 20B and 20C (w.e.f. 29-4-1972). 2091-2 20B. Autonomous regions in the Union territory of Mizoram to be autonomous districts and transitory provisions consequent thereto.—(1) Notwithstanding anything in this Schedule,— (a) every autonomous region existing immediately before the prescribed date in the Union territory of Mizoram shall, on and from that date, be an autonomous district in that Union territory (hereafter referred to as the corresponding new district) and the Administrator thereof may, by one or more orders, direct that such consequential amendments as are necessary to give effect to the provisions of this clause shall be made in paragraph 20 of this Schedule (including Part III of the table appended to that paragraph) and thereupon the said paragraph and the said Part III shall be deemed to have been amended accordingly; (b) every Regional Council of an autonomous region in the Union territory of Mizoram existing immediately before the prescribed date (hereafter referred to as the existing Regional Council) shall, on and from that date and until a District Council is duly constituted for the corresponding new district, be deemed to be the District Council of that district (hereafter referred to as the corresponding new District Council). (2) Every member whether elected or nominated of an existing Regional Council shall be deemed to have been elected or, as the case may be, nominated to the corresponding new District Council and shall hold office until a District Council is duly constituted for the corresponding new district under this Schedule. (3) Until rules are made under sub-paragraph (7) of paragraph 2 and sub-paragraph (4) of paragraph 4 of this Schedule by the corresponding new District Council, the rules made under the said provisions by the existing Regional Council and in force immediately before the prescribed date shall have effect in relation to the corresponding new District Council subject to such adaptations and modifications as may be made therein by the Administrator of the Union territory of Mizoram. (4) The Administrator of the Union territory of Mizoram may, by one or more orders, provide for all or any of the following matters, namely:— (a) the transfer in whole or in part of the assets, rights and liabilities of the existing Regional Council (including the rights and liabilities under any contract made by it) to the corresponding new District Council; (b) the substitution of the corresponding new District Council for the existing Regional Council as a party to the legal proceedings to which the existing Regional Council is a party; (c) the transfer or re-employment of any employees of the existing Regional Council to or by the corresponding new District Council, the terms and conditions of service applicable to such employees after such transfer or re-employment; (d) the continuance of any laws made by the existing Regional Council and in force immediately before the prescribed date, subject to such adaptations and modifications, whether by way of repeal or
  7. After paragraph 20B, the following paragraph has been inserted in its application to the State of Assam by the Sixth Schedule to the Constitution (Amendment) Act, 1995 (42 of 1995), s. 2, namely:— “20BA. Exercise of discretionary powers by the Governor in the discharge of his functions. — The Governor in the discharge of his functions under sub-paragraphs (2) and (3) of paragraph 1, sub-paragraphs (1), (6), sub-paragraph (6A) excluding the first proviso and sub-paragraph (7) of paragraph 2, sub-paragraph (3) of paragraph 3, sub-paragraph (4) of paragraph 4, paragraph 5, sub-paragraph (1) of paragraph 6, sub-paragraph (2) of paragraph 7, sub-paragraph (4) of paragraph 8, sub-paragraph (3) of paragraph 9, sub-paragraph (3) of paragraph 10, sub-paragraph (1) of paragraph 14, sub-paragraph (1) of paragraph 15 and sub- paragraphs (1) and (2) of paragraph 16 of this Schedule, shall, after consulting the Council of Ministers and the North Cachar Hills Autonomous Council or the Karbi Anglong Autonomous Council, as the case may be, take such action as he considers necessary in his discretion.” .
  8. After paragraph 20B, the following paragraph has been inserted in its application to the States of Tripura and Mizoram, by the Sixth Schedule to the Constitution (Amendment) Act, 1988 (67 of 1988), s. 2, namely: — “20BB. Exercise of discretionary powers by the Governor in the discharge of his functions.-The Governor, in the discharge of his functions under sub-paragraphs (2) and (3) of paragraph 1, sub-paragraphs (1) and (7) of paragraph 2, sub-paragraph (3) of paragraph 3, sub-paragraph (4) of paragraph 4, paragraph 5, sub-paragraph (1) of paragraph 6, sub-paragraph (2) of paragraph 7, sub-paragraph (3) of paragraph 9, sub-paragraph (1) of paragraph 14, sub-paragraph (1) of paragraph 15 and sub-paragraphs (1) and (2) of paragraph 16 of this Schedule, shall, after consulting the Council of Ministers, and if he thinks it necessary, the District Council or the Regional Council concerned, take such action as he considers necessary in his discretion.” . 210amendment, as the Administrator may make in this behalf until such laws are altered, repealed or amended by a competent Legislature or other competent authority; (e) such incidental, consequential and supplementary matters as the Administrator considers necessary. 20C. Interpretation.—Subject to any provision made in this behalf, the provisions of this Schedule shall, in their application to the Union territory of Mizoram, have effect— (1) as if references to the Governor and Government of the State were references to the Administrator of the Union territory appointed under article 239, references to State (except in the expression “Government of the State”) were references to the Union territory of Mizoram and references to the State Legislature were references to the Legislative Assembly of the Union territory of Mizoram; (2) as if— (a) in sub-paragraph (5) of paragraph 4, the provision for consultation with the Government of the State concerned had been omitted; (b) in sub-paragraph (2) of paragraph 6, for the words “to which the executive power of the State extends”, the words “with respect to which the Legislative Assembly of the Union territory of Mizoram has power to make laws” had been substituted; (c) in paragraph 13, the words and figures “under article 202” had been omitted.
  9. 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. 211SEVENTH SCHEDULE (Article 246) List I—Union List
  10. Defence of India and every part thereof including preparation for defence and all such acts as may be conducive in times of war to its prosecution and after its termination to effective demobilisation.
  11. Naval, military and air forces; any other armed forces of the Union. 1 [2A. Deployment of any armed force of the Union or any other force subject to the control of the Union or any contingent or unit thereof in any State in aid of the civil power; powers, jurisdiction, privileges and liabilities of the members of such forces while on such deployment.]
  12. Delimitation of cantonment areas, local self-government in such areas, the constitution and powers within such areas of cantonment authorities and the regulation of house accommodation (including the control of rents) in such areas.
  13. Naval, military and air force works.
  14. Arms, firearms, ammunition and explosives.
  15. Atomic energy and mineral resources necessary for its production.
  16. Industries declared by Parliament by law to be necessary for the purpose of defence or for the prosecution of war.
  17. Central Bureau of Intelligence and Investigation.
  18. Preventive detention for reasons connected with Defence, Foreign Affairs, or the security of India; persons subjected to such detention.
  19. Foreign affairs; all matters which bring the Union into relation with any foreign country.
  20. Diplomatic, consular and trade representation.
  21. United Nations Organisation.
  22. Participation in international conferences, associations and other bodies and implementing of decisions made thereat.
  23. Entering into treaties and agreements with foreign countries and implementing of treaties, agreements and conventions with foreign countries.
  24. War and peace.
  25. Foreign jurisdiction.
  26. Citizenship, naturalisation and aliens.
  27. Extradition.
  28. Admission into, and emigration and expulsion from, India; passports and visas.
  29. Pilgrimages to places outside India.
  30. Piracies and crimes committed on the high seas or in the air; offences against the law of nations committed on land or the high seas or in the air.
  31. Railways.
  32. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 57 (w.e.f. 3-1-1977).
  33. Highways declared by or under law made by Parliament to be national highways.
  34. Shipping and navigation on inland waterways, declared by Parliament by law to be national waterways, as regards mechanically propelled vessels; the rule of the road on such waterways.
  35. Maritime shipping and navigation, including shipping and navigation on tidal waters; provision of education and training for the mercantile marine and regulation of such education and training provided by States and other agencies.
  36. Lighthouses, including lightships, beacons and other provision for the safety of shipping and aircraft.
  37. Ports declared by or under law made by Parliament or existing law to be major ports, including their delimitation, and the constitution and powers of port authorities therein.
  38. Port quarantine, including hospitals connected therewith; seamen’s and marine hospitals.
  39. Airways; aircraft and air navigation; provision of aerodromes; regulation and organisation of air traffic and of aerodromes; provision for aeronautical education and training and regulation of such education and training provided by States and other agencies.
  40. Carriage of passengers and goods by railway, sea or air, or by national waterways in mechanically propelled vessels.
  41. Posts and telegraphs; telephones, wireless, broadcasting and other like forms of communication.
  42. Property of the Union and the revenue therefrom, but as regards property situated in a State 1 *** subject to legislation by the State, save in so far as Parliament by law otherwise provides. 2
  1. Courts of wards for the estates of Rulers of Indian States.
  2. Public debt of the Union.
  3. Currency, coinage and legal tender; foreign exchange.
  4. Foreign loans.
  5. Reserve Bank of India.
  6. Post Office Savings Bank.
  7. Lotteries organised by the Government of India or the Government of a State.
  8. Trade and commerce with foreign countries; import and export across customs frontiers; definition of customs frontiers.
  9. Inter-State trade and commerce.
  10. Incorporation, regulation and winding up of trading corporations, including banking, insurance and financial corporations, but not including co-operative societies.
  11. Incorporation, regulation and winding up of corporations, whether trading or not, with objects not confined to one State, but not including universities.
  12. Banking.
  13. Bills of exchange, cheques, promissory notes and other like instruments.
  14. Insurance.
  15. The words and letter “specified in Part A of the First Schedule” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
  16. Entry 33 omitted by s. 26, ibid.
  17. Stock exchanges and futures markets.
  18. Patents, inventions and designs; copyright; trade-marks and merchandise marks.
  19. Establishment of standards of weight and measure.
  20. Establishment of standards of quality for goods to be exported out of India or transported from one State to another.
  21. Industries, the control of which by the Union is declared by Parliament by law to be expedient in the public interest.
  22. Regulation and development of oilfields and mineral oil resources; petroleum and petroleum products; other liquids and substances declared by Parliament by law to be dangerously inflammable.
  23. Regulation of mines and mineral development to the extent to which such regulation and development under the control of the Union is declared by Parliament by law to be expedient in the public interest.
  24. Regulation of labour and safety in mines and oilfields.
  25. Regulation and development of inter-State rivers and river valleys to the extent to which such regulation and development under the control of the Union is declared by Parliament by law to be expedient in the public interest.
  26. Fishing and fisheries beyond territorial waters.
  27. Manufacture, supply and distribution of salt by Union agencies; regulation and control of manufacture, supply and distribution of salt by other agencies.
  28. Cultivation, manufacture, and sale for export, of opium.
  29. Sanctioning of cinematograph films for exhibition.
  30. Industrial disputes concerning Union employees.
  31. The institutions known at the commencement of this Constitution as the National Library, the Indian Museum, the Imperial War Museum, the Victoria Memorial and the Indian War Memorial, and any other like institution financed by the Government of India wholly or in part and declared by Parliament by law to be an institution of national importance.
  32. The institutions known at the commencement of this Constitution as the Benares Hindu University, the Aligarh Muslim University and the 1 [Delhi University; the University established in pursuance of article 371E;] any other institution declared by Parliament by law to be an institution of national importance.
  33. Institutions for scientific or technical education financed by the Government of India wholly or in part and declared by Parliament by law to be institutions of national importance.
  34. Union agencies and institutions for— (a) professional, vocational or technical training, including the training of police officers; or (b) the promotion of special studies or research; or (c) scientific or technical assistance in the investigation or detection of crime.
  35. Co-ordination and determination of standards in institutions for higher education or research and scientific and technical institutions.
  36. Ancient and historical monuments and records, and archaeological sites and remains, 2 [declared by or under law made by Parliament] to be of national importance.
  37. Subs. by the Constitution (Thirty-second Amendment) Act, 1973, s. 4, for “Delhi University and” (w.e.f. 1-7-1974).
  38. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 27, for “declared by Parliament by law” (w.e.f. 1-11-1956).
  39. The Survey of India, the Geological, Botanical, Zoological and Anthropological Surveys of India; Meteorological organisations.
  40. Census.
  41. Union Public Service; All-India Services; Union Public Service Commission.
  42. Union pensions, that is to say, pensions payable by the Government of India or out of the Consolidated Fund of India.
  43. Elections to Parliament, to the Legislatures of States and to the offices of President and Vice- President; the Election Commission.
  44. Salaries and allowances of members of Parliament, the Chairman and Deputy Chairman of the Council of States and the Speaker and Deputy Speaker of the House of the People.
  45. Powers, privileges and immunities of each House of Parliament and of the members and the Committees of each House; enforcement of attendance of persons for giving evidence or producing documents before committees of Parliament or commissions appointed by Parliament.
  46. Emoluments, allowances, privileges, and rights in respect of leave of absence, of the President and Governors; salaries and allowances of the Ministers for the Union; the salaries, allowances, and rights in respect of leave of absence and other conditions of service of the Comptroller and Auditor-General.
  47. Audit of the accounts of the Union and of the States.
  48. Constitution, organisation, jurisdiction and powers of the Supreme Court (including contempt of such Court), and the fees taken therein; persons entitled to practise before the Supreme Court.
  49. Constitution and organisation 1 [(including vacations)] of the High Courts except provisions as to officers and servants of High Courts; persons entitled to practise before the High Courts. 2 [79. Extension of the jurisdiction of a High Court to, and exclusion of the jurisdiction of a High Court from, any Union territory.]
  50. Extension of the powers and jurisdiction of members of a police force belonging to any State to any area outside that State, but not so as to enable the police of one State to exercise powers and jurisdiction in any area outside that State without the consent of the Government of the State in which such area is situated; extension of the powers and jurisdiction of members of a police force belonging to any State to railway areas outside that State.
  51. Inter-State migration; inter-State quarantine.
  52. Taxes on income other than agricultural income.
  53. Duties of customs including export duties. 3 [84. Duties of excise on the following goods manufactured or produced in India, namely:— (a) petroleum crude; (b) high speed diesel; (c) motor spirit (commonly known as petrol); (d) natural gas; (e) aviation turbine fuel; and (f) tobacco and tobacco products.]
  54. Corporation tax.
  55. Taxes on the capital value of the assets, exclusive of agricultural land, of individuals and companies; taxes on the capital of companies.
  56. Estate duty in respect of property other than agricultural land.
  57. Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 12 (with retrospective effect).
  58. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
  59. Subs. by the Constitution (One Hundred and First Amendment) Act, 2016, s. 17(a)(i) (w.e.f. 16-9-2016).
  60. Duties in respect of succession to property other than agricultural land.
  61. Terminal taxes on goods or passengers, carried by railway, sea or air; taxes on railway fares and freights.
  62. Taxes other than stamp duties on transactions in stock exchanges and futures markets.
  63. Rates of stamp duty in respect of bills of exchange, cheques, promissory notes, bills of lading, letters of credit, policies of insurance, transfer of shares, debentures, proxies and receipts. 1
  1. Offences against laws with respect to any of the matters in this List.
  2. Inquires, surveys and statistics for the purpose of any of the matters in this List.
  3. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters in this List; admiralty jurisdiction.
  4. Fees in respect of any of the matters in this List, but not including fees taken in any court.
  5. Any other matter not enumerated in List II or List III including any tax not mentioned in either of those Lists. List II—State List
  6. Public order (but not including 5 [the use of any naval, military or air force or any other armed force of the Union or of any other force subject to the control of the Union or of any contingent or unit thereof] in aid of the civil power). 6 [2. Police (including railway and village police) subject to the provisions of entry 2A of List I.]
  7. 7 *** Officers and servants of the High Court; procedure in rent and revenue courts; fees taken in all courts except the Supreme Court.
  8. Prisons, reformatories, Borstal institutions and other institutions of a like nature, and persons detained therein; arrangements with other States for the use of prisons and other institutions.
  9. Local government, that is to say, the constitution and powers of municipal corporations, improvement trusts, districts boards, mining settlement authorities and other local authorities for the purpose of local self- government or village administration.
  10. Public health and sanitation; hospitals and dispensaries.
  11. Pilgrimages, other than pilgrimages to places outside India.
  12. Intoxicating liquors, that is to say, the production, manufacture, possession, transport, purchase and sale of intoxicating liquors.
  13. Relief of the disabled and unemployable.
  14. Burials and burial grounds; cremations and cremation grounds.
  15. Entry 92 omitted by the Constitution (One Hundred and First Amendment) Act, 2016, s. 17(a)(ii) (w.e.f. 16-9-2016).
  16. Ins. by the Constitution (Sixth Amendment) Act, 1956, s. 2 (w.e.f. 11-9-1956).
  17. Ins. by the Constitution (Forty-sixth Amendment) Act, 1982, s. 5 (w.e.f. 2-2-1983). 4 Entry 92C was inserted by the Constitution (Eighty-eighth Amendment) Act, 2003, s. 4. For the text of that Act, see Appendix- III (not enforced) and omitted by the Constitution (One Hundred and First Amendment) Act 2016, s. 17(a)(ii) (w.e.f. 16-9-2016).
  18. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 57, for certain words (w.e.f. 3-1-1977).
  19. Subs. by ibid., for Entry 2.
  20. Certain words omitted by ibid. 2161 11.*
  1. Libraries, museums and other similar institutions controlled or financed by the State; ancient and historical monuments and records other than those 2 [declared by or under law made by Parliament] to be of national importance.
  2. Communications, that is to say, roads, bridges, ferries, and other means of communication not specified in List I; municipal tramways; ropeways; inland waterways and traffic thereon subject to the provisions of List I and List III with regard to such waterways; vehicles other than mechanically propelled vehicles.
  3. Agriculture, including agricultural education and research, protection against pests and prevention of plant diseases.
  4. Preservation, protection and improvement of stock and prevention of animal diseases; veterinary training and practice.
  5. Pounds and the prevention of cattle trespass.
  6. 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.
  7. Land, that is to say, rights in or over land, land tenures including the relation of landlord and tenant, and the collection of rents; transfer and alienation of agricultural land; land improvement and agricultural loans; colonization. 3 [19. * * * * *
          • *]
  8. Fisheries.
  9. Courts of wards subject to the provisions of entry 34 of List I; encumbered and attached estates.
  10. Regulation of mines and mineral development subject to the provisions of List I with respect to regulation and development under the control of the Union.
  11. Industries subject to the provisions of 4 [entries 7 and 52] of List I.
  12. Gas and gas-works.
  13. Trade and commerce within the State subject to the provisions of entry 33 of List III.
  14. Production, supply and distribution of goods subject to the provisions of entry 33 of List III.
  15. Markets and fairs. 3 29*
  1. Money-lending and money-lenders; relief of agricultural indebtedness.
  2. Inns and inn-keepers.
  3. Incorporation, regulation and winding up of corporations, other than those specified in List I, and universities; unincorporated trading, literary, scientific, religious and other societies and associations; co- operative societies.
  4. Theatres and dramatic performances; cinemas subject to the provisions of entry 60 of List I; sports, entertainments and amusements.
  5. Entry 11 omitted by the Constitution (Forty-second Amendment) Act, 1976, s. 57 (w.e.f. 3-1-1977).
  6. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 27, for “declared by parliament by law” (w.e.f. 1-11-1956).
  7. Entries 19, 20 and 29 omitted by the Constitution (Forty-second Amendment) Act, 1976, s. 57 (w.e.f. 3-1-1977).
  8. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 28, for “entry 52” (w.e.f. 1-11-1956).
  9. Betting and gambling.
  10. Works, lands and buildings vested in or in the possession of the State. 1 [*
  1. Elections to the Legislature of the State subject to the provisions of any law made by Parliament.
  2. Salaries and allowances of members of the Legislature of the State, of the Speaker and Deputy Speaker of the Legislative Assembly and, if there is a Legislative Council, of the Chairman and Deputy Chairman thereof.
  3. Powers, privileges and immunities of the Legislative Assembly and of the members and the committees thereof, and, if there is a Legislative Council, of that Council and of the members and the committees thereof; enforcement of attendance of persons for giving evidence or producing documents before committees of the Legislature of the State.
  4. Salaries and allowances of Ministers for the State.
  5. State public services; State Public Service Commission.
  6. State pensions, that is to say, pensions payable by the State or out of the Consolidated Fund of the State.
  7. Public debt of the State.
  8. Treasure trove.
  9. Land revenue, including the assessment and collection of revenue, the maintenance of land records, survey for revenue purposes and records of rights, and alienation of revenues.
  10. Taxes on agricultural income.
  11. Duties in respect of succession to agricultural land.
  12. Estate duty in respect of agricultural land.
  13. Taxes on lands and buildings.
  14. Taxes on mineral rights subject to any limitations imposed by Parliament by law relating to mineral development.
  15. Duties of excise on the following goods manufactured or produced in the State and countervailing duties at the same or lower rates on similar goods manufactured or produced elsewhere in India:— (a) alcoholic liquors for human consumption; (b) opium, Indian hemp and other narcotic drugs and narcotics, but not including medicinal and toilet preparations containing alcohol or any substance included in sub- paragraph (b) of this entry. 2
  1. Taxes on the consumption or sale of electricity. 3 [54. Taxes on the sale of petroleum crude, high speed diesel, motor spirit (commonly known as petrol), natural gas, aviation turbine fuel and alcoholic liquor for human consumption, but not including sale in the course of inter-State trade or commerce or sale in the course of international trade or commerce of such goods.] 4
  1. Taxes on goods and passengers carried by road or on inland waterways.
  2. Entry 36 omitted by the Constitution (Seventh Amendment) Act, 1956, s. 26 (w.e.f. 1-11-1956).
  3. Entry 52 omitted by the Constitution (One Hundred and First Amendment) Act, 2016, s. 17(b)(i) (w.e.f. 16-9-2016).
  4. Subs. by the Constitution (Sixth Amendment) Act, 1956, s. 2, for entry 54 (w.e.f. 11-9-1956) and further substituted by the Constitution (One Hundred and First Amendment) Act, 2016, s. 17(b)(ii) (w.e.f. 16-9-2016).
  5. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 57 (w.e.f. 3-1-1977) and omitted by the Constitution (One Hundred and First Amendment) Act, 2016, s. 17(b)(iii) (w.e.f. 16-9-2016).
  6. Taxes on vehicles, whether mechanically propelled or not, suitable for use on roads, including tramcars subject to the provisions of entry 35 of List III.
  7. Taxes on animals and boats.
  8. Tolls.
  9. Taxes on professions, trades, callings and employments.
  10. Capitation taxes. 1 [62. Taxes on entertainments and amusements to the extent levied and collected by a Panchayat or a Municipality or a Regional Council or a District Council.]
  11. Rates of stamp duty in respect of documents other than those specified in the provisions of List I with regard to rates of stamp duty.
  12. Offences against laws with respect to any of the matters in this List.
  13. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters in this List.
  14. Fees in respect of any of the matters in this List, but not including fees taken in any court. List III—Concurrent List
  15. Criminal law, including all matters included in the Indian Penal Code at the commencement of this Constitution but excluding offences against laws with respect to any of the matters specified in List I or List II and excluding the use of naval, military or air forces or any other armed forces of the Union in aid of the civil power.
  16. Criminal procedure, including all matters included in the Code of Criminal Procedure at the commencement of this Constitution.
  17. Preventive detention for reasons connected with the security of a State, the maintenance of public order, or the maintenance of supplies and services essential to the community; persons subjected to such detention.
  18. Removal from one State to another State of prisoners, accused persons and persons subjected to preventive detention for reasons specified in entry 3 of this List.
  19. Marriage and divorce; infants and minors; adoption; wills, intestacy and succession; joint family and partition; all matters in respect of which parties in judicial proceedings were immediately before the commencement of this Constitution subject to their personal law.
  20. Transfer of property other than agricultural land; registration of deeds and documents.
  21. Contracts, including partnership, agency, contracts of carriage, and other special forms of contracts, but not including contracts relating to agricultural land.
  22. Actionable wrongs.
  23. Bankruptcy and insolvency.
  24. Trust and Trustees.
  25. Administrators-general and official trustees. 2 [11A. Administration of Justice; constitution and organisation of all courts, except the Supreme Court and the High Courts.]
  26. Evidence and oaths; recognition of laws, public acts and records, and judicial proceedings.
  27. Subs. by the Constitution (One Hundred and First Amendment) Act, 2016, s. 17(b)(iv) (w.e.f. 16-9-2016).
  28. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 57 (w.e.f. 3-1-1977).
  29. Civil procedure, including all matters included in the Code of Civil Procedure at the commencement of this Constitution, limitation and arbitration.
  30. Contempt of court, but not including contempt of the Supreme Court.
  31. Vagrancy; nomadic and migratory tribes.
  32. Lunacy and mental deficiency, including places for the reception or treatment of lunatics and mental deficients.
  33. Prevention of cruelty to animals. 1 [17A. Forests. 17B. Protection of wild animals and birds.]
  34. Adulteration of foodstuffs and other goods.
  35. Drugs and poisons, subject to the provisions of entry 59 of List I with respect to opium.
  36. Economic and social planning. 1 [20A. Population control and family planning.]
  37. Commercial and industrial monopolies, combines and trusts.
  38. Trade unions; industrial and labour disputes.
  39. Social security and social insurance; employment and unemployment.
  40. Welfare of labour including conditions of work, provident funds, employers’ liability, workmen’s compensation, invalidity and old age pensions and maternity benefits. 2 [25. Education, including technical education, medical education and universities, subject to the provisions of entries 63, 64, 65 and 66 of List I; vocational and technical training of labour.]
  41. Legal, medical and other professions.
  42. Relief and rehabilitation of persons displaced from their original place of residence by reason of the setting up of the Dominions of India and Pakistan.
  43. Charities institutions. and charitable institutions, charitable and religious endowments and religious
  44. Prevention of the extension from one State to another of infectious or contagious diseases or pests affecting men, animals or plants.
  45. Vital statistics including registration of births and deaths.
  46. Ports other than those declared by or under law made by Parliament or existing law to be major ports.
  47. Shipping and navigation on inland waterways as regards mechanically propelled vessels, and the rule of the road on such waterways, and the carriage of passengers and goods on inland waterways subject to the provisions of List I with respect to national waterways. 3 [33. Trade and commerce in, and the production, supply and distribution of,— (a) the products of any industry where the control of such industry by the Union is declared by Parliament by law to be expedient in the public interest, and imported goods of the same kind as such products; (b) foodstuffs, including edible oilseeds and oils;
  48. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 57 (w.e.f. 3-1-1977).
  49. Subs. by ibid., for entry 25.
  50. Subs. by the Constitution (Third Amendment) Act, 1954, s. 2 (w.e.f. 22-2-1955). 220(c) cattle fodder, including oilcakes and other concentrates; (d) raw cotton, whether ginned or unginned, and cotton seed; and (e) raw jute.] 1 [33A. Weights and measures except establishment of standards.]
  51. Price control.
  52. Mechanically propelled vehicles including the principles on which taxes on such vehicles are to be levied.
  53. Factories
  54. Boilers.
  55. Electricity.
  56. Newspapers, books and printing presses.
  57. Archaeological sites and remains other than those 2 [declared by or under law made by Parliament] to be of national importance.
  58. Custody, management and disposal of property (including agricultural land) declared by law to be evacuee property. 3 [42. Acquisition and requisitioning of property.]
  59. Recovery in a State of claims in respect of taxes and other public demands, including arrears of land-revenue and sums recoverable as such arrears, arising outside that State.
  60. Stamp duties other than duties or fees collected by means of judicial stamps, but not including rates of stamp duty.
  61. Inquiries and statistics for the purposes of any of the matters specified in List II or List III.
  62. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters in this List.
  63. Fees in respect of any of the matters in this List, but not including fees taken in any court.
  64. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 57 (w.e.f. 3-1-1977).
  65. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 27, for “declared by Parliament by law”(w.e.f. 1-11-1956).
  66. Subs. by s. 26, ibid. 221EIGHTH SCHEDULE [Articles 344(1) and 351] Languages
  67. Assamese.
  68. Bengali. 1 [3. Bodo.
  69. Dogri.] 2 [5.] Gujarati. 3 [6.] Hindi. 3 [7.] Kannada. 3 [8.] Kashmiri. 4 3 [ [9.] Konkani. 1 [10. Maithili.] 5 [11.] Malayalam. 4 6 [ [12.] Manipuri.] 6 [13.] Marathi. 4 6 [ [14.] Nepali.] 6 [15.] 7 [Odia]. 6 [16.] Punjabi. 6 [17.] Sanskrit. 1 [18. Santhali.] 8 9 [ [19.] Sindhi.] 10 [20. Tamil. 10 [21. Telugu. 10 [22. Urdu
  70. Ins. by the Constitution (Ninety-second Amendment) Act, 2003, s. 2 (w.e.f. 7-1-2004).
  71. Entry 3 renumbered as entry 5 by ibid.
  72. Entries 4 to 7 renumbered as entries 6 to 9 by ibid.
  73. Ins. by the Constitution (Seventy-first Amendment) Act, 1992, s. 2 (w.e.f. 31-8-1992).
  74. Entry 8 renumbered as entry 11 by the Constitution (Ninety-second Amendment) Act, 2003, s. 2 (w.e.f. 7-1-2004).
  75. Entry 9 to 14 renumbered as entry 12 to 17 by ibid.
  76. Subs. by the Constitution (Ninety-sixth Amendment) Act, 2011, s. 2, for “Oriya” (w.e.f. 23-9-2011).
  77. Added by the Constitution (Twenty-first Amendment) Act, 1967, s. 2 (w.e.f. 10-4-1967).
  78. Entry 15 renumbered as entry 19 by the Constitution (Ninety-second Amendment) Act, 2003, s. 2 (w.e.f. 7-1-2004).
  79. Entry 16 to 18 renumbered as entry 20 to 22 by ibid. 2221 [NINTH SCHEDULE (Article 31B)
  80. The Bihar Land Reforms Act, 1950 (Bihar Act XXX of 1950).
  81. The Bombay Tenancy and Agricultural Lands Act, 1948 (Bombay Act LXVII of 1948).
  82. The Bombay Maleki Tenure Abolition Act, 1949 (Bombay Act LXI of 1949).
  83. The Bombay Taluqdari Tenure Abolition Act, 1949 (Bombay Act LXII of 1949).
  84. The Panch Mahals Mehwassi Tenure Abolition Act, 1949 (Bombay Act LXIII of 1949).
  85. The Bombay Khoti Abolition Act, 1950 (Bombay Act VI of 1950).
  86. The Bombay Paragana and Kulkarni Watan Abolition Act, 1950 (Bombay Act LX of 1950).
  87. The Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (Madhya Pradesh Act I of 1951).
  88. The Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948 (Madras Act XXVI of 1948).
  89. The Madras Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1950 (Madras Act I of 1950).
  90. The Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (Uttar Pradesh Act I of 1951).
  91. The Hyderabad (Abolition of Jagirs) Regulation, 1358F (No. LXIX of 1358, Fasli).
  92. The Hyderabad Jagirs (Commutation) Regulation, 1359F (No. XXV of 1359, Fasli).] 2 [14. The Bihar Displaced Persons Rehabilitation (Acquisition of Land) Act, 1950 (Bihar Act XXXVIII of 1950).
  93. The United Provinces Land Acquisition (Rehabilitation of Refugees) Act, 1948 (U.P. Act XXVI of 1948).
  94. The Resettlement of Displaced Persons (Land Acquisition) Act, 1948 (Act LX of 1948).
  95. Sections 52A to 52G of the Insurance Act, 1938 (Act IV of 1938), as inserted by section 42 of the Insurance (Amendment) Act, 1950 (Act XLVII of 1950).
  96. The Railway Companies (Emergency Provisions) Act, 1951 (Act LI of 1951).
  97. Chapter III-A of the Industries (Development and Regulation) Act, 1951 (Act LXV of 1951), as inserted by section 13 of the Industries (Development and Regulation) Amendment Act, 1953 (Act XXVI of 1953).
  98. The West Bengal Land Development and Planning Act, 1948 (West Bengal Act XXI of 1948), as amended by West Bengal Act XXIX of 1951.] 3 [21. The Andhra Pradesh Ceiling on Agricultural Holdings Act, 1961 (Andhra Pradesh Act X of 1961).
  99. The Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands (Validation) Act, 1961 (Andhra Pradesh Act XXI of 1961).
  100. The Andhra Pradesh (Telangana Area) Ijara and Kowli Land Cancellation of Irregular Pattas and Abolition of Concessional Assessment Act, 1961 (Andhra Pradesh Act XXXVI of 1961).
  101. Added by the Constitution (First Amendment) Act, 1951, s. 14 (w.e.f. 18-6-1951).
  102. Ins. by the Constitution (Fourth Amendment) Act, 1955, s. 5 (w.e.f. 27-4-1955).
  103. Ins. by the Constitution (Seventeenth Amendment) Act, 1964, s. 3 (w.e.f. 20-6-1964).
  104. The Assam State Acquisition of Lands belonging to Religious or Charitable Institution of Public Nature Act, 1959 (Assam Act IX of 1961).
  105. The Bihar Land Reforms (Amendment) Act, 1953 (Bihar Act XX of 1954).
  106. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (Bihar Act XII of 1962), except section 28 of this Act.
  107. The Bombay Taluqdari Tenure Abolition (Amendment) Act, 1954 (Bombay Act I of 1955).
  108. The Bombay Taluqdari Tenure Abolition (Amendment) Act, 1957 (Bombay Act XVIII of 1958).
  109. The Bombay Inams (Kutch Area) Abolition Act, 1958 (Bombay Act XCVIII of 1958).
  110. The Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1960 (Gujarat Act XVI of 1960).
  111. The Gujarat Agricultural Lands Ceiling Act, 1960 (Gujarat Act XXVI of 1961).
  112. The Sagbara and Mehwassi Estates (Proprietary Rights Abolition, etc.) Regulation, 1962 (Gujarat Regulation I of 1962).
  113. The Gujarat Surviving Alienations Abolition Act, 1963 (Gujarat Act XXXIII of 1963), except in so far as this Act relates to an alienation referred to in sub-clause (d) of clause (3) of section 2 thereof.
  114. The Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 (Maharashtra Act XXVII of 1961).
  115. The Hyderabad Tenancy and Agricultural Lands (Re-enactment, Validation and Further Amendment) Act, 1961 (Maharashtra Act XLV of 1961).
  116. The Hyderabad Tenancy and Agricultural Lands Act, 1950 (Hyderabad Act XXI of 1950).
  117. The Jenmikaram Payment (Abolition) Act, 1960 (Kerala Act III of 1961).
  118. The Kerala Land Tax Act, 1961 (Kerala Act XIII of 1961).
  119. The Kerala Land Reforms Act, 1963 (Kerala Act I of 1964).
  120. The Madhya Pradesh Land Revenue Code, 1959 (Madhya Pradesh Act XX of 1959).
  121. The Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 (Madhya Pradesh Act XX of 1960).
  122. The Madras Cultivating Tenants Protection Act, 1955 (Madras Act XXV of 1955).
  123. The Madras Cultivating Tenants (Payment of Fair Rent) Act, 1956 (Madras Act XXIV of 1956).
  124. The Madras Occupants of Kudiyiruppu (Protection from Eviction) Act, 1961 (Madras Act XXXVIII of 1961).
  125. The Madras Public Trusts (Regulation of Administration of Agricultural Lands) Act, 1961 (Madras Act LVII of 1961).
  126. The Madras Land Reforms (Fixation of Ceiling on Land) Act, 1961 (Madras Act LVIII of 1961).
  127. The Mysore Tenancy Act, 1952 (Mysore Act XIII of 1952).
  128. The Coorg Tenants Act, 1957 (Mysore Act XIV of 1957).
  129. The Mysore Village Offices Abolition Act, 1961 (Mysore Act XIV of 1961).
  130. The Hyderabad Tenancy and Agricultural Lands (Validation) Act, 1961 (Mysore Act XXXVI of 1961).
  131. The Mysore Land Reforms Act, 1961 (Mysore Act X of 1962).
  132. The Orissa Land Reforms Act, 1960 (Orissa Act XVI of 1960).
  133. The Orissa Merged Territories (Village Offices Abolition) Act, 1963 (Orissa Act X of 1963).
  134. The Punjab Security of Land Tenures Act, 1953 (Punjab Act X of 1953).
  135. The Rajasthan Tenancy Act, 1955 (Rajasthan Act III of 1955).
  136. The Rajasthan Zamindari and Biswedari Abolition Act, 1959 (Rajasthan Act VIII of 1959).
  137. The Kumaun and Uttarakhand Zamindari Abolition and Land Reforms Act, 1960 (Uttar Pradesh Act XVII of 1960).
  138. The Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 (Uttar Pradesh Act I of 1961).
  139. The West Bengal Estates Acquisition Act, 1953 (West Bengal Act I of 1954).
  140. The West Bengal Land Reforms Act, 1955 (West Bengal Act X of 1956).
  141. The Delhi Land Reforms Act, 1954 (Delhi Act VIII of 1954).
  142. The Delhi Land Holdings (Ceiling) Act, 1960 (Central Act 24 of 1960).
  143. The Manipur Land Revenue and Land Reforms Act, 1960 (Central Act 33 of 1960).
  144. The Tripura Land Revenue and Land Reforms Act, 1960 (Central Act 43 of 1960).] 1 [65. The Kerala Land Reforms (Amendment) Act, 1969 (Kerala Act 35 of 1969).
  145. The Kerala Land Reforms (Amendment) Act, 1971 (Kerala Act 25 of 1971).] 2 [67. The Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (Andhra Pradesh Act 1 of 1973).
  146. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act, 1972 (Bihar Act I of 1973).
  147. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act, 1973 (Bihar Act IX of 1973).
  148. The Bihar Land Reforms (Amendment) Act, 1972 (Bihar Act V of 1972).
  149. The Gujarat Agricultural Lands Ceiling (Amendment) Act, 1972 (Gujarat Act 2 of 1974).
  150. The Haryana Ceiling on Land Holdings Act, 1972 (Haryana Act 26 of 1972).
  151. The Himachal Pradesh Ceiling on Land Holdings Act, 1972 (Himachal Pradesh Act 19 of 1973).
  152. The Kerala Land Reforms (Amendment) Act, 1972 (Kerala Act 17 of 1972).
  153. The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment) Act, 1972 (Madhya Pradesh Act 12 of 1974).
  154. The Madhya Pradesh Ceiling on Agricultural Holdings (Second Amendment) Act, 1972 (Madhya Pradesh Act 13 of 1974).
  155. The Mysore Land Reforms (Amendment) Act, 1973 (Karnataka Act 1 of 1974).
  156. The Punjab Land Reforms Act, 1972 (Punjab Act 10 of 1973).
  157. The Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (Rajasthan Act 11 of 1973).
  158. The Gudalur Janmam Estates (Abolition and Conversion into Ryotwari) Act, 1969 (Tamil Nadu Act 24 of 1969).
  159. Ins. by the Constitution (Twenty-ninth Amendment) Act, 1972, s. 2 (w.e.f. 9-6-1972).
  160. Ins. by the Constitution (Thirty-fourth Amendment) Act, 1974, s. 2 (w.e.f. 7-9-1974).
  161. The West Bengal Land Reforms (Amendment) Act, 1972 (West Bengal Act XII of 1972).
  162. The West Bengal Estates Acquisition (Amendment) Act, 1964 (West Bengal Act XXII of 1964).
  163. The West Bengal Estates Acquisition (Second Amendment) Act, 1973 (West Bengal Act XXXIII of 1973).
  164. The Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1972 (Gujarat Act 5 of 1973).
  165. The Orissa Land Reforms (Amendment) Act, 1974 (Orissa Act 9 of 1974).
  166. The Tripura Land Revenue and Land Reforms (Second Amendment) Act,1974 (Tripura Act 7 of 1974).] 1 2 [ 87.*
  1. The Industries (Development and Regulation) Act, 1951 (Central Act 65 of 1951).
  2. The Requisitioning and Acquisition of Immovable Property Act, 1952 (Central Act 30 of 1952).
  3. The Mines and Minerals (Regulation and Development) Act, 1957 (Central Act 67 of 1957). *91. The Monopolies and Restrictive Trade Practices Act, 1969 (Central Act 54 of 1969). 2 [92. *
  1. The Coking Coal Mines (Emergency Provisions) Act, 1971 (Central Act 64 of 1971).
  2. The Coking Coal Mines (Nationalisation) Act, 1972 (Central Act 36 of 1972).
  3. The General Insurance Business (Nationalisation) Act, 1972 (Central Act 57 of 1972).
  4. The Indian Copper Corporation (Acquisition of Undertaking) Act, 1972 (Central Act 58 of 1972).
  5. The Sick Textile Undertakings (Taking Over of Management) Act, 1972 (Central Act 72 of 1972).
  6. The Coal Mines (Taking Over of Management) Act, 1973 (Central Act 15 of 1973).
  7. The Coal Mines (Nationalisation) Act, 1973 (Central Act 26 of 1973). **100. The Foreign Exchange Regulation Act, 1973 (Central Act 46 of 1973).
  8. The Alcock Ashdown Company Limited (Acquisition of Undertakings) Act, 1973 (Central Act 56 of 1973).
  9. The Coal Mines (Conservation and Development) Act, 1974 (Central Act 28 of 1974).
  10. The Additional Emoluments (Compulsory Deposit) Act, 1974 (Central Act 37 of 1974).
  11. The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (Central Act 52 of 1974).
  12. The Sick Textile Undertakings (Nationalisation) Act, 1974 (Central Act 57 of 1974).
  13. The Maharashtra Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 1964 (Maharashtra Act XVI of 1965).
  14. The Maharashtra Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 1965 (Maharashtra Act XXXII of 1965).
  15. Ins. by the Constitution (Thirty-ninth Amendment) Act, 1975, s. 5 (w.e.f. 10-8-1975).
  16. Entries 87 and 92 omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 44 (w.e.f. 20-6-1979).
  • Rep. by the Competition Act, 2002 (12 of 2003) (w.e.f. 1-9-2009). ** Rep. by the Foreign Exchange Management Act, 1999 (42 of 1999) (w.e.f. 1-6-2000).
  1. The Maharashtra Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 1968 (Maharashtra Act XVI of 1968).
  2. The Maharashtra Agricultural Lands (Ceiling on Holdings) (Second Amendment) Act, 1968 (Maharashtra Act XXXIII of 1968).
  3. The Maharashtra Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 1969 (Maharashtra Act XXXVII of 1969).
  4. The Maharashtra Agricultural Lands (Ceiling on Holdings) (Second Amendment) Act, 1969 (Maharashtra Act XXXVIII of 1969).
  5. The Maharashtra Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 1970 (Maharashtra Act XXVII of 1970).
  6. The Maharashtra Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 1972 (Maharashtra Act XIII of 1972).
  7. The Maharashtra Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 1973 (Maharashtra Act L of 1973).
  8. The Orissa Land Reforms (Amendment) Act, 1965 (Orissa Act 13 of 1965).
  9. The Orissa Land Reforms (Amendment) Act, 1966 (Orissa Act 8 of 1967).
  10. The Orissa Land Reforms (Amendment) Act, 1967 (Orissa Act 13 of 1967).
  11. The Orissa Land Reforms (Amendment) Act, 1969 (Orissa Act 13 of 1969).
  12. The Orissa Land Reforms (Amendment) Act, 1970 (Orissa Act 18 of 1970).
  13. The Uttar Pradesh Imposition of Ceiling on Land Holdings (Amendment) Act, 1972 (Uttar Pradesh Act 18 of 1973).
  14. The Uttar Pradesh Imposition of Ceiling on Land Holdings (Amendment) Act, 1974 (Uttar Pradesh Act 2 of 1975).
  15. The Tripura Land Revenue and Land Reforms (Third Amendment) Act, 1975 (Tripura Act 3 of 1975). 123.The Dadra and Nagar Haveli Land Reforms Regulation, 1971 (3 of 1971).
  16. The Dadra and Nagar Haveli Land Reforms (Amendment) Regulation, 1973 (5 of 1973).] 1 [125. Section 66A and Chapter IVA of the Motor Vehicles Act, 1939* (Central Act 4 of 1939).
  17. The Essential Commodities Act, 1955 (Central Act 10 of 1955).
  18. The Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (Central Act 13 of 1976).
  19. The Bonded Labour System (Abolition) Act, 1976 (Central Act 19 of 1976).
  20. The Conservation of Foreign Exchange and Prevention of Smuggling Activities (Amendment) Act, 1976 (Central Act 20 of 1976). 2 [130.*
  1. The Levy Sugar Price Equalisation Fund Act, 1976 (Central Act 31 of 1976).
  2. The Urban Land (Ceiling and Regulation) Act, 1976 (Central Act 33 of 1976).
  3. Entries 125 to 188 ins. by the Constitution (Fortieth Amendment) Act, 1976, s. 3 (w.e.f. 27-5-1976).
  • See now the relevant provisions of the Motor Vehicles Act, 1988 (59 of 1988).
  1. Entry 130 omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 44 (w.e.f. 20-6-1979). 227 *]133. The Departmentalisation of Union Accounts (Transfer of Personnel) Act, 1976 (Central Act 59 of 1976).
  2. The Assam Fixation of Ceiling on Land Holdings Act, 1956 (Assam Act 1 of 1957).
  3. The Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 (Bombay Act XCIX of 1958).
  4. The Gujarat Private Forests (Acquisition) Act, 1972 (Gujarat Act 14 of 1973).
  5. The Haryana Ceiling on Land Holdings (Amendment) Act, 1976 (Haryana Act 17 of 1976).
  6. The Himachal Pradesh Tenancy and Land Reforms Act, 1972 (Himachal Pradesh Act 8 of 1974).
  7. The Himachal Pradesh Village Common Lands Vesting and Utilisation Act, 1974 (Himachal Pradesh Act 18 of 1974).
  8. The Karnataka Land Reforms (Second Amendment and Miscellaneous Provisions) Act, 1974 (Karnataka Act 31 of 1974).
  9. The Karnataka Land Reforms (Second Amendment) Act, 1976 (Karnataka Act 27 of 1976).
  10. The Kerala Prevention of Eviction Act, 1966 (Kerala Act 12 of 1966).
  11. The Thiruppuvaram Payment (Abolition) Act, 1969 (Kerala Act 19 of 1969).
  12. The Sreepadam Lands Enfranchisement Act, 1969 (Kerala Act 20 of 1969).
  13. The Sree Pandaravaka Lands (Vesting and Enfranchisement) Act, 1971 (Kerala Act 20 of 1971).
  14. The Kerala Private Forests (Vesting and Assignment) Act, 1971 (Kerala Act 26 of 1971).
  15. The Kerala Agricultural Workers Act, 1974 (Kerala Act 18 of 1974).
  16. The Kerala Cashew Factories (Acquisition) Act, 1974 (Kerala Act 29 of 1974).
  17. The Kerala Chitties Act, 1975 (Kerala Act 23 of 1975).
  18. The Kerala Scheduled Tribes (Restriction on Transfer of Lands and Restoration of Alienated Lands) Act, 1975 (Kerala Act 31 of 1975).
  19. The Kerala Land Reforms (Amendment) Act, 1976 (Kerala Act 15 of 1976).
  20. The Kanam Tenancy Abolition Act, 1976 (Kerala Act 16 of 1976).
  21. The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment) Act, 1974 (Madhya Pradesh Act 20 of 1974).
  22. The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment) Act, 1975 (Madhya Pradesh Act 2 of 1976).
  23. The West Khandesh Mehwassi Estates (Proprietary Rights Abolition, etc.) Regulation, 1961 (Maharashtra Regulation 1 of 1962).
  24. The Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 (Maharashtra Act XIV of 1975).
  25. The Maharashtra Agricultural Lands (Lowering of Ceiling on Holdings) and (Amendment) Act, 1972 (Maharashtra Act XXI of 1975).
  26. The Maharashtra Private Forest (Acquisition) Act, 1975 (Maharashtra Act XXIX of 1975).
  27. The Maharashtra Agricultural Lands (Lowering of Ceiling on Holdings) and (Amendment) Amendment Act, 1975 (Maharashtra Act XLVII of 1975).
  28. The Maharashtra Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 1975 (Maharashtra Act II of 1976).
  29. The Orissa Estates Abolition Act, 1951 (Orissa Act I of 1952).
  30. The Rajasthan Colonisation Act, 1954 (Rajasthan Act XXVII of 1954).
  31. The Rajasthan Land Reforms and Acquisition of Landowners’ Estates Act, 1963 (Rajasthan Act 11 of 1964).
  32. The Rajasthan Imposition of Ceiling on Agricultural Holdings (Amendment) Act, 1976 (Rajasthan Act 8 of 1976).
  33. The Rajasthan Tenancy (Amendment) Act, 1976 (Rajasthan Act 12 of 1976).
  34. The Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970).
  35. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1971 (Tamil Nadu Act 41 of 1971).
  36. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1972 (Tamil Nadu Act 10 of 1972).
  37. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amendment Act, 1972 (Tamil Nadu Act 20 of 1972).
  38. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Third Amendment Act, 1972 (Tamil Nadu Act 37 of 1972).
  39. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Fourth Amendment Act, 1972 (Tamil Nadu Act 39 of 1972).
  40. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Sixth Amendment Act, 1972 (Tamil Nadu Act 7 of 1974).
  41. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Fifth Amendment Act, 1972 (Tamil Nadu Act 10 of 1974).
  42. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1974 (Tamil Nadu Act 15 of 1974).
  43. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Third Amendment Act, 1974 (Tamil Nadu Act 30 of 1974).
  44. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amendment Act, 1974 (Tamil Nadu Act 32 of 1974).
  45. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1975 (Tamil Nadu Act 11 of 1975).
  46. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amendment Act, 1975 (Tamil Nadu Act 21 of 1975).
  47. Amendments made to the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (Uttar Pradesh Act I of 1951) by the Uttar Pradesh Land Laws (Amendment) Act, 1971 (Uttar Pradesh Act 21 of
  1. and the Uttar Pradesh Land Laws (Amendment) Act, 1974 (Uttar Pradesh Act 34 of 1974).
  1. The Uttar Pradesh Imposition of Ceiling on Land Holdings (Amendment) Act, 1976 (Uttar Pradesh Act 20 of 1976).
  2. The West Bengal Land Reforms (Second Amendment) Act, 1972 (West Bengal Act XXVIII of 1972).
  3. The West Bengal Restoration of Alienated Land Act, 1973 (West Bengal Act XXIII of 1973).
  4. The West Bengal Land Reforms (Amendment) Act, 1974 (West Bengal Act XXXIII of 1974).
  5. The West Bengal Land Reforms (Amendment) Act, 1975 (West Bengal Act XXIII of 1975).
  6. The West Bengal Land Reforms (Amendment) Act, 1976 (West Bengal Act XII of 1976).
  7. The Delhi Land Holdings (Ceiling) Amendment Act, 1976 (Central Act 15 of 1976).
  8. The Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975 (Goa, Daman and Diu Act 1 of 1976).
  9. The Pondicherry Land Reforms (Fixation of Ceiling on Land) Act, 1973 (Pondicherry Act 9 of 1974).] 1 [189. The Assam (Temporarily Settled Areas) Tenancy Act, 1971 (Assam Act XXIII of 1971).
  10. The Assam (Temporarily Settled Areas) Tenancy (Amendment) Act, 1974 (Assam Act XVIII of 1974).
  11. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Amending Act, 1974 (Bihar Act 13 of 1975).
  12. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act, 1976 (Bihar Act 22 of 1976).
  13. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act, 1978 (Bihar Act VII of 1978).
  14. The Land Acquisition (Bihar Amendment) Act, 1979 (Bihar Act 2 of 1980).
  15. The Haryana Ceiling on Land Holdings (Amendment) Act, 1977 (Haryana Act 14 of 1977).
  16. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1978 (Tamil Nadu Act 25 of 1978).
  17. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1979 (Tamil Nadu Act 11 of 1979).
  18. The Uttar Pradesh Zamindari Abolition Laws (Amendment) Act, 1978 (Uttar Pradesh Act 15 of 1978).
  19. The West Bengal Restoration of Alienated Land (Amendment) Act, 1978 (West Bengal Act XXIV of 1978).
  20. The West Bengal Restoration of Alienated Land (Amendment) Act, 1980 (West Bengal Act LVI of 1980).
  21. The Goa, Daman and Diu Agricultural Tenancy Act, 1964 (Goa, Daman and Diu Act 7 of 1964).
  22. The Goa, Daman and Diu Agricultural Tenancy (Fifth Amendment) Act, 1976 (Goa, Daman and Diu Act 17 of 1976).] 2 [203. The Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959 (Andhra Pradesh Regulation 1 of 1959).
  23. The Andhra Pradesh Scheduled Areas Laws (Extension and Amendment) Regulation, 1963 (Andhra Pradesh Regulation 2 of 1963).
  24. The Andhra Pradesh Scheduled Areas Land Transfer (Amendment) Regulation, 1970 (Andhra Pradesh Regulation 1 of 1970).
  25. Entries 189 to 202 ins. by the Constitution (Forty-seventh Amendment) Act, 1984, s. 2 (w.e.f. 26-8-1984).
  26. Entries 203 to 257 ins. by the Constitution (Sixty-sixth Amendment) Act, 1990, s. 2 (w.e.f. 7-6-1990).
  27. The Andhra Pradesh Scheduled Areas Land Transfer (Amendment) Regulation, 1971 (Andhra Pradesh Regulation 1 of 1971).
  28. The Andhra Pradesh Scheduled Areas Land Transfer (Amendment) Regulation, 1978 (Andhra Pradesh Regulation 1 of 1978).
  29. The Bihar Tenancy Act, 1885 (Bihar Act 8 of 1885).
  30. The Chota Nagpur Tenancy Act, 1908 (Bengal Act 6 of 1908) (Chapter VIII—sections 46, 47, 48, 48A and 49; Chapter X—sections 71, 71A and 71B; and Chapter XVIII—sections 240, 241 and 242).
  31. The Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949 (Bihar Act 14 of 1949) except section 53.
  32. The Bihar Scheduled Areas Regulation, 1969 (Bihar Regulation 1 of 1969).
  33. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act, 1982 (Bihar Act 55 of 1982).
  34. The Gujarat Devasthan Inams Abolition Act, 1969 (Gujarat Act 16 of 1969).
  35. The Gujarat Tenancy Laws (Amendment) Act, 1976 (Gujarat Act 37 of 1976).
  36. The Gujarat Agricultural Lands Ceiling (Amendment) Act, 1976 (President’s Act 43 of 1976).
  37. The Gujarat Devasthan Inams Abolition (Amendment) Act, 1977 (Gujarat Act 27 of 1977).
  38. The Gujarat Tenancy Laws (Amendment) Act, 1977 (Gujarat Act 30 of 1977).
  39. The Bombay Land Revenue (Gujarat Second Amendment) Act, 1980 (Gujarat Act 37 of 1980).
  40. The Bombay Land Revenue Code and Land Tenure Abolition Laws (Gujarat Amendment) Act, 1982 (Gujarat Act 8 of 1982).
  41. The Himachal Pradesh Transfer of Land (Regulation) Act, 1968 (Himachal Pradesh Act 15 of 1969).
  42. The Himachal Pradesh Transfer of Land (Regulation) (Amendment) Act, 1986 (Himachal Pradesh Act 16 of 1986).
  43. The Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (Karnataka Act 2 of 1979).
  44. The Kerala Land Reforms (Amendment) Act, 1978 (Kerala Act 13 of 1978).
  45. The Kerala Land Reforms (Amendment) Act, 1981 (Kerala Act 19 of 1981).
  46. The Madhya Pradesh Land Revenue Code (Third Amendment) Act, 1976 (Madhya Pradesh Act 61 of 1976).
  47. The Madhya Pradesh Land Revenue Code (Amendment) Act, 1980 (Madhya Pradesh Act 15 of 1980).
  48. The Madhya Pradesh Akrishik Jot Uchchatam Seema Adhiniyam, 1981 (Madhya Pradesh Act 11 of 1981).
  49. The Madhya Pradesh Ceiling on Agricultural Holdings (Second Amendment) Act, 1976 (Madhya Pradesh Act 1 of 1984).
  50. The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment) Act, 1984 (Madhya Pradesh Act 14 of 1984).
  51. The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment) Act, 1989 (Madhya Pradesh Act 8 of 1989).
  52. The Maharashtra Land Revenue Code, 1966 (Maharashtra Act 41 of 1966), sections 36, 36A and 36B.
  53. The Maharashtra Land Revenue Code and the Maharashtra Restoration of Lands to Scheduled Tribes (Second Amendment) Act, 1976 (Maharashtra Act 30 of 1977).
  54. The Maharashtra Abolition of Subsisting Proprietary Rights to Mines and Minerals in certain Lands Act, 1985 (Maharashtra Act 16 of 1985).
  55. The Orissa Scheduled Areas Transfer of Immovable Property (by Scheduled Tribes) Regulation, 1956 (Orissa Regulation 2 of 1956).
  56. The Orissa Land Reforms (Second Amendment) Act, 1975 (Orissa Act 29 of 1976).
  57. The Orissa Land Reforms (Amendment) Act, 1976 (Orissa Act 30 of 1976).
  58. The Orissa Land Reforms (Second Amendment) Act, 1976 (Orissa Act 44 of 1976).
  59. The Rajasthan Colonisation (Amendment) Act, 1984 (Rajasthan Act 12 of 1984).
  60. The Rajasthan Tenancy (Amendment) Act, 1984 (Rajasthan Act 13 of 1984).
  61. The Rajasthan Tenancy (Amendment) Act, 1987 (Rajasthan Act 21 of 1987).
  62. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amendment Act, 1979 (Tamil Nadu Act 8 of 1980).
  63. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1980 (Tamil Nadu Act 21 of 1980).
  64. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1981 (Tamil Nadu Act 59 of 1981).
  65. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amendment Act, 1983 (Tamil Nadu Act 2 of 1984).
  66. The Uttar Pradesh Land Laws (Amendment) Act, 1982 (Uttar Pradesh Act 20 of 1982).
  67. The West Bengal Land Reforms (Amendment) Act, 1965 (West Bengal Act 18 of 1965).
  68. The West Bengal Land Reforms (Amendment) Act, 1966 (West Bengal Act 11 of 1966).
  69. The West Bengal Land Reforms (Second Amendment) Act, 1969 (West Bengal Act 23 of 1969).
  70. The West Bengal Estate Acquisition (Amendment) Act, 1977 (West Bengal Act 36 of 1977).
  71. The West Bengal Land Holding Revenue Act, 1979 (West Bengal Act 44 of 1979).
  72. The West Bengal Land Reforms (Amendment) Act, 1980 (West Bengal Act 41 of 1980).
  73. The West Bengal Land Holding Revenue (Amendment) Act, 1981 (West Bengal Act 33 of 1981).
  74. The Calcutta Thikka Tenancy (Acquisition and Regulation) Act, 1981 (West Bengal Act 37 of 1981).
  75. The West Bengal Land Holding Revenue (Amendment) Act, 1982 (West Bengal Act 23 of 1982).
  76. The Calcutta Thikka Tenancy (Acquisition and Regulation) (Amendment) Act, 1984 (West Bengal Act 41 of 1984).
  77. The Mahe Land Reforms Act, 1968 (Pondicherry Act 1 of 1968).
  78. The Mahe Land Reforms (Amendment) Act, 1980 (Pondicherry Act 1 of 1981).] 2321 [257A. The Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational Institutions and of appointments or posts in the Services under the State) Act, 1993 (Tamil Nadu Act 45 of 1994).] 2 [258. The Bihar Privileged Persons Homestead Tenancy Act, 1947 (Bihar Act 4 of 1948).
  79. The Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (Bihar Act 22 of 1956).
  80. The Bihar Consolidation of Holdings and Prevention of Fragmentation (Amendment) Act, 1970 (Bihar Act 7 of 1970).
  81. The Bihar Privileged Persons Homestead Tenancy (Amendment) Act, 1970 (Bihar Act 9 of 1970).
  82. The Bihar Consolidation of Holdings and Prevention of Fragmentation (Amendment) Act, 1973 (Bihar Act 27 of 1975).
  83. The Bihar Consolidation of Holdings and Prevention of Fragmentation (Amendment) Act, 1981 (Bihar Act 35 of 1982).
  84. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act, 1987 (Bihar Act 21 of 1987).
  85. The Bihar Privileged Persons Homestead Tenancy (Amendment) Act, 1989 (Bihar Act 11 of 1989).
  86. The Bihar Land Reforms (Amendment) Act, 1989 (Bihar Act 11 of 1990).
  87. The Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) (Amendment) Act, 1984 (Karnataka Act 3 of 1984).
  88. The Kerala Land Reforms (Amendment) Act, 1989 (Kerala Act 16 of 1989).
  89. The Kerala Land Reforms (Second Amendment) Act, 1989 (Kerala Act 2 of 1990).
  90. The Orissa Land Reforms (Amendment) Act, 1989 (Orissa Act 9 of 1990).
  91. The Rajasthan Tenancy (Amendment) Act, 1979 (Rajasthan Act 16 of 1979).
  92. The Rajasthan Colonisation (Amendment) Act, 1987 (Rajasthan Act 2 of 1987).
  93. The Rajasthan Colonisation (Amendment) Act, 1989 (Rajasthan Act 12 of 1989).
  94. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1983 (Tamil Nadu Act 3 of 1984).
  95. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1986 (Tamil Nadu Act 57 of 1986).
  96. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amendment Act, 1987 (Tamil Nadu Act 4 of 1988).
  97. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment (Amendment) Act, 1989 (Tamil Nadu Act 30 of 1989).
  98. The West Bengal Land Reforms (Amendment) Act, 1981 (West Bengal Act 50 of 1981).
  99. The West Bengal Land Reforms (Amendment) Act, 1986 (West Bengal Act 5 of 1986).
  100. The West Bengal Land Reforms (Second Amendment) Act, 1986 (West Bengal Act 19 of 1986).
  101. Ins. by the Constitution (Seventy-sixth Amendment) Act, 1994, s. 2 (w.e.f. 31-8-1994).
  102. Entries 258 to 284 ins. by the Constitution (Seventy-eighth Amendment) Act, 1995, s. 2 (w.e.f. 30-8-1995).
  103. The West Bengal Land Reforms (Third Amendment) Act, 1986 (West Bengal Act 35 of 1986).
  104. The West Bengal Land Reforms (Amendment) Act, 1989 (West Bengal Act 23 of 1989).
  105. The West Bengal Land Reforms (Amendment) Act, 1990 (West Bengal Act 24 of 1990).
  106. The West Bengal Land Reforms Tribunal Act, 1991 (West Bengal Act 12 of 1991).] Explanation.—Any acquisition made under the Rajasthan Tenancy Act, 1955 (Rajasthan Act III of 1955), in contravention of the second proviso to clause (1) of article 31A shall, to the extent of the contravention, be void. 2341 [TENTH SCHEDULE [Articles 102(2) and 191(2)] Provisions as to disqualification on ground of defection
  107. Interpretation.—In this Schedule, unless the context otherwise requires,— (a) “House” means either House of Parliament or the Legislative Assembly or, as the case may be, either House of the Legislature of a State; (b) ‘legislature party”, in relation to a member of a House belonging to any political party in accordance with the provisions of paragraph 2 or 2 *** paragraph 4, means the group consisting of all the members of that House for the time being belonging to that political party in accordance with the said provisions; (c) “original political party”, in relation to a member of a House, means the political party to which he belongs for the purposes of sub-paragraph (1) of paragraph 2; (d) “paragraph” means a paragraph of this Schedule.
  108. Disqualification on ground of defection.—(1) Subject to the provisions of 3 [paragraphs 4 and 5], a member of a House belonging to any political party shall be disqualified for being a member of the House— (a) if he has voluntarily given up his membership of such political party; or (b) if he votes or abstains from voting in such House contrary to any direction issued by the political party to which he belongs or by any person or authority authorised by it in this behalf, without obtaining, in either case, the prior permission of such political party, person or authority and such voting or abstention has not been condoned by such political party, person or authority within fifteen days from the date of such voting or abstention. Explanation.—For the purposes of this sub-paragraph,— (a) an elected member of a House shall be deemed to belong to the political party, if any, by which he was set up as a candidate for election as such member; (b) a nominated member of a House shall,— (i) where he is a member of any political party on the date of his nomination as such member, be deemed to belong to such political party; (ii) in any other case, be deemed to belong to the political party of which he becomes, or, as the case may be, first becomes, a member before the expiry of six months from the date on which he takes his seat after complying with the requirements of article 99 or, as the case may be, article
  109. Certain words omitted by the Constitution (Ninety-first Amendment) Act, 2003, s. 5 (w.e.f. 1-1-2004)
  110. Subs. by ibid., for “para 3, 4 and 5”. 235(i) where he was a member of political party immediately before such commencement, be deemed, for the purposes of sub-paragraph (1) of this paragraph, to have been elected as a member of such House as a candidate set up by such political party; (ii) in any other case, be deemed to be an elected member of the House who has been elected as such otherwise than as a candidate set up by any political party for the purposes of sub-paragraph (2) of this paragraph or, as the case may be, be deemed to be a nominated member of the House for the purposes of sub-paragraph (3) of this paragraph. 1 [*
  1. Disqualification on ground of defection not to apply in case of merger.—(1) A member of a House shall not be disqualified under sub-paragraph (1) of paragraph 2 where his original political party merges with another political party and he claims that he and any other members of his original political party— (a) have become members of such other political party or, as the case may be, of a new political party formed by such merger; or (b) have not accepted the merger and opted to function as a separate group, and from the time of such merger, such other political party or new political party or group, as the case may be, shall be deemed to be the political party to which he belongs for the purposes of sub-paragraph (1) of paragraph 2 and to be his original political party for the purposes of this sub-paragraph. (2) For the purposes of sub-paragraph (1) of this paragraph, the merger of the original political party of a member of a House shall be deemed to have taken place if, and only if, not less than two-thirds of the members of the legislature party concerned have agreed to such merger.
  2. Exemption.—Notwithstanding anything contained in this Schedule, a person who has been elected to the office of the Speaker or the Deputy Speaker of the House of the People or the Deputy Chairman of the Council of States or the Chairman or the Deputy Chairman of the Legislative Council of a State or the Speaker or the Deputy Speaker of the Legislative Assembly of a State, shall not be disqualified under this Schedule,— (a) if he, by reason of his election to such office, voluntarily gives up the membership of the political party to which he belonged immediately before such election and does not, so long as he continues to hold such office thereafter, rejoin that political party or become a member of another political party; or (b) if he, having given up by reason of his election to such office his membership of the political party to which he belonged immediately before such election, rejoins such political party after he ceases to hold such office.
  3. Decision on questions as to disqualification on ground of defection.—(1) If any question arises as to whether a member of a House has become subject to disqualification under this Schedule, the question shall be referred for the decision of the Chairman or, as the case may be, the Speaker of such House and his decision shall be final: Provided that where the question which has arisen is as to whether the Chairman or the Speaker of a House has become subject to such disqualification, the question shall be referred for the decision of such member of the House as the House may elect in this behalf and his decision shall be final. (2) All proceedings under sub-paragraph (1) of this paragraph in relation to any question as to disqualification of a member of a House under this Schedule shall be deemed to be proceedings in Parliament within the meaning of article 122 or, as the case may be, proceedings in the Legislature of a State within the meaning of article 212.
  4. Paragraph 3 omitted by the Constitution (Ninety-first Amendment) Act, 2003, s. 5 (w.e.f. 1-1-2004). 236*7. Bar of jurisdiction of courts.—Notwithstanding anything in this Constitution, no court shall have any jurisdiction in respect of any matter connected with the disqualification of a member of a House under this Schedule. 8.Rules.—(1) Subject to the provisions of sub-paragraph (2) of this paragraph, the Chairman or the Speaker of a House may make rules for giving effect to the provisions of this Schedule, and in particular, and without prejudice to the generality of the foregoing, such rules may provide for— (a) the maintenance of registers or other records as to the political parties, if any, to which different members of the House belong; (b) the report which the leader of a legislature party in relation to a member of a House shall furnish with regard to any condonation of the nature referred to in clause (b) of sub-paragraph (1) of paragraph 2 in respect of such member, the time within which and the authority to whom such report shall be furnished; (c) the reports which a political party shall furnish with regard to admission to such political party of any members of the House and the officer of the House to whom such reports shall be furnished; and (d) the procedure for deciding any question referred to in sub-paragraph (1) of paragraph 6 including the procedure for any inquiry which may be made for the purpose of deciding such question. (2) The rules made by the Chairman or the Speaker of a House under sub-paragraph (1) of this paragraph shall be laid as soon as may be after they are made before the House for a total period of thirty days which may be comprised in one session or in two or more successive sessions and shall take effect upon the expiry of the said period of thirty days unless they are sooner approved with or without modifications or disapproved by the House and where they are so approved, they shall take effect on such approval in the form in which they were laid or in such modified form, as the case may be, and where they are so disapproved, they shall be of no effect. (3) The Chairman or the Speaker of a House may, without prejudice to the provisions of article 105 or, as the case may be, article 194, and to any other power which he may have under this Constitution direct that any wilful contravention by any person of the rules made under this paragraph may be dealt with in the same manner as a breach of privilege of the House.]
  • Paragraph 7 declared invalid for want of ratification in accordance with the proviso to cl. (2) of article 368 as per majority opinion in Kihoto Hollohon Vs. Zachilhu and others AIR 1993 SC 412. 2371 [ELEVENTH SCHEDULE (Article 243G)
  1. Agriculture, including agricultural extension.
  2. Land improvement, implementation of land reforms, land consolidation and soil conservation.
  3. Minor irrigation, water management and watershed development.
  4. Animal husbandry, dairying and poultry.
  5. Fisheries.
  6. Social forestry and farm forestry.
  7. Minor forest produce.
  8. Small scale industries, including food processing industries.
  9. Khadi, village and cottage industries.
  10. Rural housing.
  11. Drinking water.
  12. Fuel and fodder.
  13. Roads, culverts, bridges, ferries, waterways and other means of communication.
  14. Rural electrification, including distribution of electricity.
  15. Non-conventional energy sources.
  16. Poverty alleviation programme.
  17. Education, including primary and secondary schools.
  18. Technical training and vocational education.
  19. Adult and non-formal education.
  20. Libraries.
  21. Cultural activities.
  22. Markets and fairs.
  23. Health and sanitation, including hospitals, primary health centres and dispensaries.
  24. Family welfare.
  25. Women and child development.
  26. Social welfare, including welfare of the handicapped and mentally retarded.
  27. Welfare of the weaker sections, and in particular, of the Scheduled Castes and the Scheduled Tribes.
  28. Public distribution system.
  29. Maintenance of community assets.]
  30. Added by the Constitution (Seventy-third Amendment) Act, 1992, s. 4 (w.e.f. 24-4-1993). 2381 [TWELFTH SCHEDULE (Article 243W)
  31. Urban planning including town planning.
  32. Regulation of land-use and construction of buildings.
  33. Planning for economic and social development.
  34. Roads and bridges.
  35. Water supply for domestic, industrial and commercial purposes.
  36. Public health, sanitation conservancy and solid waste management.
  37. Fire services.
  38. Urban forestry, protection of the environment and promotion of ecological aspects.
  39. Safeguarding the interests of weaker sections of society, including the handicapped and mentally retarded.
  40. Slum improvement and upgradation.
  41. Urban poverty alleviation.
  42. Provision of urban amenities and facilities such as parks, gardens, playgrounds.
  43. Promotion of cultural, educational and aesthetic aspects.
  44. Burials and burial grounds; cremations, cremation grounds; and electric crematoriums.
  45. Cattle pounds; prevention of cruelty to animals.
  46. Vital statistics including registration of births and deaths.
  47. Public amenities including street lighting, parking lots, bus stops and public conveniences.
  48. Regulation of slaughter houses and tanneries.]
  49. Added by the Constitution (Seventy-fourth Amendment) Act, 1992, s. 4 (w.e.f. 1-6-1993). 239APPENDIX - I 1 THE CONSTITUTION (APPLICATION TO JAMMU AND KASHMIR) ORDER, 2019 C.O. 272 In exercise of the powers conferred by clause (1) of article 370 of the Constitution, the President, with the concurrence of the Government of the State of Jammu and Kashmir, is pleased to make the following Order:—
  50. (1) This Order may be called the Constitution (Application to Jammu and Kashmir) Order, 2019. (2) It shall come into force at once, and shall thereupon supersede the Constitution (Application to Jammu and Kashmir) Order, 1954 as amended from time to time.
  51. All the provisions of the Constitution, as amended from time to time, shall apply in relation to the State of Jammu and Kashmir and the exceptions and modifications subject to which they shall so apply shall be as follows:– To article 367, there shall be added the following clause, namely:– “(4) For the purposes of this Constitution as it applies in relation to the State of Jammu and Kashmir– (a) references to this Constitution or to the provisions thereof shall be construed as references to the Constitution or the provisions thereof as applied in relation the said State; (b) references to the person for the time being recognized by the President on the recommendation of the Legislative Assembly of the State as the Sadar-i-Riyasat of Jammu and Kashmir, acting on the advice of the Council of Ministers of the State for the time being in office, shall be construed as references to the Governor of Jammu and Kashmir; (c) references to the Government of the said State shall be construed as including references to the Governor of Jammu and Kashmir acting on the advice of his Council of Ministers; and (d) in proviso to clause (3)of article 370 of this Constitution, the expression “Constituent Assembly of the State referred to in clause (2)” shall read Legislative Assembly of the State”.”
  52. Published with the Ministry of Law and Justice, (Legislative Department) notification No. G.S.R. 551 (E) dated the 5 th August, 2019, Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i). 240APPENDIX-II EXTRACTS FROM THE CONSTITUTION (FORTY-FOURTH AMENDMENT) ACT, 1978
  1. Short title and commencement.—(1)
  1. Amendment of article 22.—In article 22 of the Constitution,— (a) for clause (4), the following clause shall be substituted, namely:— ‘(4) No law providing for preventive detention shall authorise the detention of a person for a longer period than two months unless an Advisory Board constituted in accordance with the recommendations of the Chief Justice of the appropriate High Court has reported before the expiration of the said period of two months that there is in its opinion sufficient cause for such detention: Provided that an Advisory Board shall consist of a Chairman and not less than two other members, and the Chairman shall be a serving Judge of the appropriate High Court and the other members shall be serving or retired Judges of any High Court: Provided further that nothing in this clause shall authorise the detention of any person beyond the maximum period prescribed by any law made by Parliament under sub-clause (a) of clause (7). Explanation.—In this clause, “appropriate High Court” means,— (i) in the case of the detention of a person in pursuance of an order of detention made by the Government of India or an officer or authority subordinate to that Government, the High Court for the Union territory of Delhi; (ii) in the case of the detention of a person in pursuance of an order of detention made by the Government of any State (other than a Union territory), the High Court for that State; and (iii) in the case of the detention of a person in pursuance of an order of detention made by the administrator of a Union territory or an officer or authority subordinate to such administrator, such High Court as may be specified by or under any law made by Parliament in this behalf.’; (b) in clause (7),— (i) sub-clause (a) shall be omitted; (ii) sub-clause (b) shall be re-lettered as sub-clause (a); and (iii) sub-clause (c) shall be re-lettered as sub-clause (b) and in the sub-clause as so re-lettered, for the words, brackets, letter and figure “sub-clause (a) of clause (4)”, the word, brackets and figure “clause (4)” shall be substituted.
  1. Short title and Commencement.—(1) This Act may be called the Constitution (Eighty-eighth Amendment) Act, 2003. (2) It shall come into force on such date  as the Central Government may, by notification in the Official Gazette, appoint.
  2. Insertion of new article 268A.—After article 268 of the Constitution, the following article shall be inserted, namely:— “268A. Service tax levied by Union and collected and appropriated by the Union and the States.—(1) Taxes on services shall be levied by the Government of India and such tax shall be collected and appropriated by the Government of India and the States in the manner provided in clause (2). (2) The proceeds in any financial year of any such tax levied in accordance with the provisions of clause (1) shall be— (a) collected by the Government of India and the States; (b) appropriated by the Government of India and the States, in accordance with such principles of collection and appropriation as may be formulated by Parliament by law.”.
  3. Amendment of article 270.—In article 270 of the Constitution, in clause (1), for the words and figures “articles 268 and 269”, the words, figures and letter “articles 268, 268A and 269” shall be substituted.
  4. Amendment of Seventh Schedule.—In the Seventh Schedule to the Constitution, in List I–Union List, after entry 92B, the following entry shall be inserted, namely:— “92C. Taxes on services.”.  Date of enforcement yet to be notified. 242APPENDIX-IV THE CONSTITUTION (ONE HUNDREDTH AMENDMENT) ACT, 2015 [28th May, 2015.] An Act further to amend the Constitution of India to give effect to the acquiring of territories by India and transfer of certain territories to Bangladesh in pursuance of the agreement and its protocol entered into between the Governments of India and Bangladesh. Be it enacted by Parliament in the Sixty-sixth Year of the Republic of India as follows:—
  5. Short title. —This Act may be called the Constitution (One Hundredth Amendment) Act, 2015.
  6. Definitions.—In this Act,— (a) “acquired territory” means so much of the territories comprised in the India-Bangladesh agreement and its protocol and referred to in the First Schedule as are demarcated for the purpose of being acquired by India from Bangladesh in pursuance of the agreement and its protocol referred to in clause (c); (b) “appointed day” means such date as the Central Government may, by notification in the Official Gazette, appoint as the date for acquisition of territories from Bangladesh and transfer of the territories to Bangladesh in pursuance of the India-Bangladesh agreement and its protocol, after causing the territories to be so acquired and transferred as referred to in the First Schedule and Second Schedule and demarcated for the purpose; (c) “India-Bangladesh agreement” means the agreement between the Governmentof the Republic of India and the Government of the People’s Republic of Bangladesh concerning the Demarcation of the Land Boundary between India and Bangladeshand Related Matters dated the 16th day of May, 1974, Exchange of Letters dated the26th day of December, 1974, the 30th day of December, 1974, the 7th day of October,1982, the 26th day of March, 1992 and protocol to the said agreement dated the 6th day of September, 2011, entered into between the Governments of India and Bangladesh, the relevant extracts of which are set out in the Third Schedule; (d) “transferred territory”, means so much of the territories comprised in the India-Bangladesh agreement and its protocol and referred to in the Second Schedule as are demarcated for the purpose of being transferred by India to Bangladesh in pursuance of the agreements and its protocol referred to in clause (c).
  7. Amendment of First Schedule to Constitution.—As from the appointed day, in the First Schedule to the Constitution,— (a) in the paragraph relating to the territories of the State of Assam, the words, brackets and figures “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”, shall be added at the end; (b) in the paragraph relating to the territories of the State of West Bengal, the words, brackets and figures “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”, shall be added at the end; 243(c) in the paragraph relating to the territories of the State of Meghalaya, the words, brackets and figures “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”, shall be added at the end; (d) in the paragraph relating to the territories of the State of Tripura, the words, brackets and figures “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”, shall be added at the end. THE FIRST SCHEDULE [See sections 2(a), 2(b) and 3] PA R T I The acquired territory in relation to Article 2 of the agreement dated the 16th day of May, 1974 and Article 3 (I) (b) (ii) (iii) (iv) (v) of the protocol dated the 6th day of September, 2011. PA RT I I The acquired territory in relation to Article 2 of the agreement dated the 16th day of May, 1974 and Article 3 (I) (c) (i) of the protocol dated the 6th day of September, 2011. PART III The acquired territory in relation to Articles 1(12) and 2 of the agreement dated the 16th day of May, 1974 and Articles 2 (II), 3 (I) (a) (iii) (iv) (v) (vi) of the protocol dated the 6th day of September, 2011. THE SECOND SCHEDULE [See sections 2(b), 2(d) and 3] PA R T I The transferred territory in relation to Article 2 of the agreement dated 16th day of May, 1974 and Article 3 (I) (d) (i) (ii) of the protocol dated 6th day of September, 2011. PA RT I I The transferred territory in relation to Article 2 of the agreement dated the 16th day of May, 1974 and Article 3 (I) (b) (i) of the protocol dated 6th day of September, 2011. PART III The transferred territory in relation to Articles 1(12) and 2 of the agreement dated the 16th day of May, 1974 and Articles 2 (II), 3 (I) (a) (i) (ii) (vi) of the protocol dated the 6th day of September, 2011. THE THIRD SCHEDULE [See section 2(c) I. EXTRACTS FROM THE AGREEMENT BETWEEN GOVERNMENT OF THE REPUBLIC OF INDIA AND THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF BANGLADESH CONCERNING THE DEMARCATION OF THE LAND BOUNDARY BETWEEN INDIA AND BANGLADESH AND RELATED MATTERS DATED THE 16TH DAY OF MAY, 1974 Article 1 (12): ENCLAVES The Indian enclaves in Bangladesh and the Bangladesh enclaves in India should be exchanged expeditiously, excepting the enclaves mentioned in paragraph 14 without claim to compensation for the additional area going to Bangladesh. Article 2: 244The Governments of India and Bangladesh agree that territories in adverse possession in areas already demarcated in respect of which boundary strip maps are already prepared, shall be exchanged within six months of the signing of the boundary strip maps by the plenipotentiaries. They may sign the relevant maps as early as possible as and in any case not later than the 31st December, 1974. Early measures may be taken to print maps in respect of other areas where demarcation has already taken place. These should be printed by the 31st May, 1975 and signed by the plenipotentiaries thereafter in order that the exchange of adversely held possessions in these areas may take place by the 31st December, 1975. In sectors still to be demarcated, transfer of territorial jurisdiction may take place within six months of the signature by plenipotentiaries on the concerned boundary strip maps. II. EXTRACTS FROM THE PROTOCOL TO THE AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF INDIA AND THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF BANGLADESH CONCERNING THE DEMARCATION OF THE LAND BOUNDARY BETWEEN INDIA AND BANGLADESH AND RELATED MATTERS, DATED THE 6TH DAY OF SEPTEMBER, 2011 Article 2: (II) Article 1 Clause 12 of the 1974 Agreement shall be implemented as follows:— Enclaves 111 Indian Enclaves in Bangladesh and 51 Bangladesh Enclaves in India as per the jointly verified cadastral enclave maps and signed at the level of DGLR&S, Bangladesh and DLR&S, West Bengal (India) in April, 1997, shall be exchanged without claim to compensation for the additional areas going to Bangladesh. Article 3: (I) Article 2 of the 1974 Agreement shall be implemented as follows:— The Government of India and the Government of Bangladesh agree that the boundary shall be drawn as a fixed boundary for territories held in Adverse Possession as determined through joint survey and fully depicted in the respective adversely possessed land area Index Map (APL map) finalised by the Land Records and Survey Departments of both the countries between December, 2010 and August, 2011, which are fully described in clause (a) to (d) below. The relevant strip maps shall be printed and signed by the Plenipotentiaries and transfer of territorial jurisdiction shall be completed simultaneously with the exchange of enclaves. The demarcation of the boundary, as depicted in the above-mentioned Index Maps, shall be as under:— (a) West Bengal Sector (i) Bousmari – Madhugari (Kushtia-Nadia) area The boundary shall be drawn from the existing Boundary Pillar Nos. 154/5-S to 157/1-S to follow the centre of old course of river Mathabanga, as depicted in consolidation map of 1962, as surveyed jointly and agreed in June, 2011. (ii) Andharkota (Kushtia-Nadia) area The boundary shall be drawn from existing Boundary Pillar No. 152/5-S to Boundary Pillar No. 153/1-S to follow the edge of existing River Mathabanga as jointly surveyed and agreed in June, 2011. (iii) Pakuria (Kushtia-Nadia) area The boundary shall be drawn from existing Boundary Pillar No. 151/1-S to Boundary Pillar No. 152/2-S to follow the edge of River Mathabanga as jointly surveyed and agreed in June, 2011. (iv) Char Mahishkundi (Kushtia-Nadia) area 245The boundary shall be drawn from existing Boundary Pillar No. 153/1-S to Boundary Pillar No. 153/9-S to follow the edge of River Mathabanga as jointly surveyed and agreed in June, 2011. (v) Haripal/Khutadah/Battoli/Sapameri/LNpur (Patari) (Naogaon-Malda) area The boundary shall be drawn as line joining from existing Boundary Pillar No. 242/S/13, to Boundary Pillar No. 243/7-S/5 and as jointly surveyed and agreed in June,

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