PART A

 

General

 

1. Interpretation.—In this Schedule, unless the context otherwise requires, the expression “State” does not include the States of Assam Meghalaya, Tripura and Mizoram.

 

2. Executive power of a State in Scheduled Areas.—Subject to the provisions of this Schedule, the executive power of a State extends to the Scheduled Areas therein.

 

3. Report by the Governor to the President regarding the administration of Scheduled Areas.—The Governor of each State having Scheduled Areas therein shall annually, or whenever so required by the President, make a report to the President regarding the administration of the Scheduled Areas in that State and the executive power of the Union shall

extend to the giving of directions to the State as to the administration of the said areas.

 

PART B

 

Administration And Control Of Scheduled Areas And Scheduled Tribes

 

4. Tribes Advisory Council.—(1) There shall be established in each Statehaving Scheduled Areas therein and, if the President so directs, also in anyState having Scheduled Tribes but not Scheduled Areas therein, a TribesAdvisory Council consisting of not more than twenty members of whom, asnearly as may be, three-fourths shall be the representatives of the ScheduledTribes in the Legislative Assembly of the State:

 

Provided that if the number of representatives of the Scheduled Tribes inthe Legislative Assembly of the State is less than the number of seats in theTribes Advisory Council to be filled by such representatives, the remainingseats shall be filled by other members of those tribes.

 

(2) It shall be the duty of the Tribes Advisory Council to advise on suchmatters pertaining to the welfare and advancement of the Scheduled Tribesin the State as may be referred to them by the Governor.

 

(3) The Governor may make rules prescribing or regulating, as thecase may be,—

 

(a) the number of members of the Council, the mode of theirappointment and the appointment of the Chairman of the Council and ofthe officers and servants thereof;

 

(b) the conduct of its meetings and its procedure in general; and

 

(c) all other incidental matters.

 

5. Law applicable to Scheduled Areas.—(1) notwithstanding anythingin this Constitution, the Governormay by public notification direct thatany particular Act of Parliament or of the Legislature of the State shall notapply to a Scheduled Area or any part thereof in the State or shall apply toa Scheduled Area or any part thereof in the State subject to such exceptionsand modifications as he may specify in the notification and any directiongiven under this sub-paragraph may be given so as to have retrospectiveeffect.

 

(2) The Governormay make regulations for the peace and goodgovernment of any area in a State which is for the time being a ScheduledArea.In particular and without prejudice to the generality of the foregoingpower, such regulations may—

 

(a) prohibit or restrict the transfer of land by or among members ofthe Scheduled Tribes in such area;

 

(b) regulate the allotment of land to members of the Scheduled Tribesin such area;

 

(c) regulate the carrying on of business as money-lender by personswho 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 timebeing applicable to the area in question.

 

(4) All regulations made under this paragraph shall be submitted forthwithto the President and, until assented to by him, shall have no effect.

 

(5) No regulation shall be made under this paragraph unless theGovernormaking the regulation has, in the case where there is a TribesAdvisory Council for the State, consulted such Council.

 

6. Scheduled Areas.—(1) In this Constitution, the expression “ScheduledAreas” means such areas as the President may by order3 declare to beScheduled Areas.

 

(2) The President may at any time by order—

 

(a) Direct that the whole or any specified part of a Scheduled Areashall cease to be a Scheduled Area or a part of such an area;

 

(aa) increase the area of any Scheduled Area in a State afterconsultation with the Governor of that State;

 

(b) alter, but only by way of rectification of boundaries, any ScheduledArea;

 

(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 territorynot previously included in any State to be, or to form part of, a Scheduled Area;

 

(d) rescind, in relation to any State or States, any order or orders made under this paragraph, and in consultation with the Governor of theState concerned, make fresh orders redefining the areas which are to be Scheduled Areas; and any such order may contain such incidental and consequential provisionsas 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 variedby any subsequent order.

 

PART D

 

Amendment Of The Schedule

 

7. Amendment of the Schedule.—(1) Parliament may from time to timeby law amend by way of addition, variation or repeal any of the provisionsof this Schedule and, when the Schedule is so amended, any reference to thisSchedule in this Constitution shall be construed as a reference to such Scheduleas so amended.

 

(2) No such law as is mentioned in sub-paragraph (1) of this paragraphshall be deemed to be an amendment of this Constitution for the purposesof article 368.