1. Autonomous districts and autonomous regions.—(1) Subject to the provisions of this paragraph, the tribal areas in each item of 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,—

  1. Include any area in any of the Parts of the said table,
  2. Exclude any area from any of the Parts of the said table,
  3. create a new autonomous district,
  4. increase the area of any autonomous district,
  5. diminish the area of any autonomous district,
  6. unite two or more autonomous districts or parts thereof so as to form one autonomous district,

(ff) alter the name of any autonomous district,

  1. 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:

Provided further that any order made by the Governor under this subparagraph may contain such incidental and consequential provisions (including any amendment of paragraph 20 and of any item in any of the Parts of the said table) as appear to the Governor to be necessary for giving effect to the provisions of the order.

2. Constitution of District Councils and Regional Councils.—(1) There shall be a District Council for each autonomous district consisting of not more than thirty members, of whom not more than four persons shall be nominated by the Governor and the rest shall be elected on the basis of adult suffrage.

(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—

  1. the composition of the District Councils and Regional Councils and the allocation of seats therein;
  2. the delimitation of territorial constituencies for the purpose of elections to those Councils;
  3. the qualifications for voting at such elections and the preparation of electoral rolls therefor;
  4. the qualifications for being elected at such elections as members of such Councils;
  5. the term of office of members of Regional Councils;
  6. any other matter relating to or connected with elections ornominations to such Councils;
  7. the procedure and the conduct of business (including the powerto act notwithstanding any vacancy) in the District and Regional Councils;
  8. the appointment of officers and staff of the District and RegionalCouncils.

6A) The elected members of the District Council shall hold office fora term of five years from the date appointed for the first meeting of theCouncil after the general elections to the Council, unless the District Councilis sooner dissolved under paragraph 16 and a nominated member shall holdoffice at the pleasure of the Governor:

Provided that the said period of five years may, while a Proclamation ofEmergency is in operation or if circumstances exist which, in the opinion ofthe Governor, render the holding of elections impracticable, be extended bythe Governor for a period not exceeding one year at a time and in any casewhere a Proclamation of Emergency is in operation not extending beyond aperiod of six months after the Proclamation has ceased to operate:

Provided further that a member elected to fill a casual vacancy shall holdoffice 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 with the approval of the Governor with regard to the specified in sub-paragraph (6) of this paragraph and may also make rules with like approval] regulating—

  1. the formation of subordinate local Councils or Boards and their procedure and the conduct of their business; and
  2. generally all matters relating to the transaction of business pertaining to the administration of the district or region, as the case maybe:

Provided that until rules are made by the District or the Regional Council under this sub-paragraph the rules made by the Governor under subparagraph (6) of this paragraph shall have effect in respect of elections to, the officers and staff of, and the procedure and the conduct of business in, each such Council.

3. Powers of the District Councils and Regional Councils to makelaws.—(1) The Regional Council for an autonomous region in respect of all areas within such region and the District Council for an autonomous district in respect of all areas within the district except those which are under the authority of Regional Councils, if any, within the district shall have power to make laws with respect to—

  1. 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 by the Government of the State concerned] in accordance withthe law for the time being in force authorising such acquisition;

  1. the management of any forest not being a reserved forest;
  2. the use of any canal or water-course for the purpose of agriculture;
  3. the regulation of the practice of jhum or other forms of shifting cultivation;
  4. the establishment of village or town committees or councils and theirpowers;
  5. any other matter relating to village or town administration, includingvillage or town police and public health and sanitation;
  6. the appointment or succession of Chiefs or Headmen;
  7. the inheritance of property;
  8. marriage and divorce;
  9. Social customs.

(2) In this paragraph, a “reserved forest” means any area which is areserved forest under the Assam Forest Regulation, 1891, or under any otherlaw for the time being in force in the area in question.

(3) All laws made under this paragraph shall be submitted forthwith tothe Governor and, until assented to by him, shall have no effect.

4.  Administration of justice in autonomous districts and autonomousregions.—(1) The Regional Council for an autonomous region in respect of areas within such region and the District Council for an autonomous district in respect of areas within the district other than those which are under the authority of the Regional Councils, if any, within the district may constitute village councils or courts for the trial of suits and cases between the parties all of whom belong to Scheduled Tribes within such areas, other than suits and cases to which the provisions of sub-paragraph (1) of paragraph 5 of this Schedule apply, to the exclusion of any court in the State, and may appoint suitable persons to be members of such village councils or presiding officers of such courts, and may also appoint such officers as may be necessary for the administration of the laws made under paragraph 3 of this Schedule.

(2) Notwithstanding anything in this Constitution, the Regional Council for an autonomous region or any court constituted in that behalf by the Regional Council or, if in respect of any area within an autonomous district there is no Regional Council, the District Council for such district, or any court constituted in that behalf by the District Council, shall exercise the powers of a court of appeal in respect of all suits and cases triable by a village council or court constituted under sub-paragraph (1) of this paragraph within such region or area, as the case may be, other than those to which the provisions of sub-paragraph (1) of paragraph 5 of this Schedule apply, and no other court except the High Court and the Supreme Court shall have jurisdiction over such suits or cases.

(3) The High Court 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—

  1. the constitution of village councils and courts and the powers to be exercised by them under this paragraph;
  2. the procedure to be followed by village councils or courts in the trial of suits and cases under sub-paragraph (1) of this paragraph;
  3. 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;
  4. the enforcement of decisions and orders of such Councils and courts;
  5. all other ancillary matters for the carrying out of the provisions of sub-paragraphs (1) and (2) of this paragraph.

(5) On and from such date as the President may, 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 orregion 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 thisSchedule apply”, the words “not being suits and cases of the naturereferred to in sub-paragraph (1) of paragraph (5) of this Schedule, whichthe Governor may specify in this behalf”, had been substituted;

(ii) Sub-paragraphs (2) and (3) had been omitted;

(iii) In sub-paragraph (4)—

  1. for the words “A Regional Council or District Council, as thecase may be, may with the previous approval of the Governor makerules regulating”, the words “the Governor may make rules regulating”had been substituted; and
  2. for clause (a), the following clause had been substituted,namely:—“(a) the constitution of village councils and courts, the powersto be exercised by them under this paragraph and the courts towhich appeals from the decisions of village councils and courts shall lie;”
  3. for clause , the following clause had been substituted,namely:—

“(c) the transfer of appeals and other proceedings pendingbefore the Regional or District Council or any court constitutedby such Council immediately before the date appointed by thePresident under sub-paragraph (5); ”and

  1. in clause (e), for the words, brackets and figures “sub-paragraphs(1) and (2)”, the word, brackets and figure “sub-paragraph (1)” had been substituted.

5. Conferment of powers under the Code of Civil Procedure, 1908, and the Code of Criminal Procedure, 1898, on the Regional and District Councils and on certain courts and officers for the trial of certain suits, cases and  offences.—(1) The Governor may, for the trial of suits or cases arising out of any law in force in any autonomous district or region being a law specified in that behalf by the Governor, or for the trial of offences punishable with death, transportation for life, or imprisonment for a term of not less than five years under the Indian Penal Code or under any other law for the time being applicable to such district or region, confer on the District Council or the Regional Council having authority over such district or region or on courts constituted by such District Council or on any officer appointed in that behalf by the Governor, such powers under the Code of Civil Procedure, 1908, or, as the case may be, the Code of Criminal Procedure, 18981, as he deems appropriate, and thereupon the said Council, court or officer shall try the suits, cases or offences in exercise of the powers so conferred.

(2) The Governor may withdraw or modify any of the powers conferred on a District Council, Regional Council, court or officer under sub-paragraph (1) of this paragraph.

(3) Save as expressly provided in this paragraph, the Code of Civil Procedure, 1908, and the Code of Criminal Procedure, 1898, 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.

(4) On and from the date appointed by the President under sub-paragraph (5) of paragraph 4 in relation to any autonomous district or autonomous region, nothing contained in this paragraph shall, in its application to that district or region, be deemed to authorise the Governor to confer on the District Council or Regional Council or on courts constituted by the District Council any of the powers referred to in sub-paragraph (1) of this paragraph.

6. Powers of the District Council to establish primary schools, etc.

(1) The District Council for an autonomous district may establish, construct,or manage primary schools, dispensaries, markets, 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 officer’s 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 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.

(2) The Governor may make rules for the management of the District Fund, or, as the case may be, the Regional Fund and for the procedure to be followed in respect of payment of money into the said Fund, the withdrawal of moneys therefrom, the custody of moneys therein and any other matter connected with or ancillary to the matters aforesaid.

(3) The accounts of the District Council or, as the case may be, the Regional Council shall be kept in such form as the Comptroller and Auditor-General of India may, with the approval of the President, prescribe.

(4) The Comptroller and Auditor-General shall cause the accounts of the District and Regional Councils to be audited in such manner as he may think fit, and the reports of the Comptroller and Auditor-General relating to such accounts shall be submitted to the Governor who shall cause them to be laid before the Council.

8. Powers to assess and collect land revenue and to impose taxes.—

  1. The Regional Council for an autonomous region in respect of all lands within such region and the District Council for an autonomous district in respect of all lands within the district except those which are in the areas under the authority of Regional Councils, if any, within the district, shall have the power to assess and collect revenue in respect of such lands in accordance with the principles for the time being followed 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—
  1. taxes on professions, trades, callings and employments;
  2. taxes on animals, vehicles and boats;
  3. taxes on the entry of goods into a market for sale therein, and tolls on passengers and goods carried in ferries; and
  4. taxes for the maintenance of schools, dispensaries or roads
  1. 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 2 and every such regulation shall be submitted forthwith to the Governor and, until assented to by him, shall have no effect

9. Licences or leases for the purpose of prospecting for, or extraction of, minerals.—

  1. Such share of the royalties accruing each year from licences or leases for the purpose of prospecting for, or the extraction of, minerals granted by the Government of the State] in respect of any area within an autonomous district as may be agreed upon between the Government of the State] and the District Council of such district shall be made over to that District Council.
  2. If any dispute arises as to the share of such royalties to be made over to a District Council, it shall be referred to the Governor for determination and the amount determined by the Governor in his discretion shall be deemed to be the amount payable under sub-paragraph (1) of this paragraph to the District Council and the decision of the Governor shall be final.

10. Power of District Council to make regulations for the control ofmoney-lending and trading by non-tribal.—

  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—
  1. Prescribe that no one except the holder of a licence issued in that behalf shall carry on the business of money-lending;
  2. Prescribe the maximum rate of interest which may be charged or be recovered by a money-lender;
  3. 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;
  4. 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.

  1. All regulations made under this paragraph shall be submitted forthwith to the Governor and, until assented to by him, shall have no effect.

11. Publication of laws, rules and regulations made under theSchedule.—All laws, rules and regulations made under this Schedule by a District Council or a Regional Council shall be published forthwith in the Official Gazette of the State and shall on such publication have the force of law.

12. Application of Acts of Parliament and of the Legislature of the State of Assam to autonomous districts and autonomous regions in the State of Assam.—

  1. notwithstanding anything in this Constitution—
  1. no Act of the 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 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;
  2. 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 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.
  1. Any direction given under sub-paragraph (1) of this paragraph may be given so as to have retrospective effect.

12A. Application of Acts of Parliament and of the Legislature of theState of Meghalaya to autonomous districts and autonomous regions in the State of Meghalaya.—notwithstanding anything in this Constitution,—

  1. if any provision of a law made by a District or Regional Councilin the State of Meghalaya with respect to any matter specified insub-paragraph (1) of paragraph 3 of this Schedule or if any provision ofany regulation made by a District Council or a Regional Council in thatState under paragraph 8 or paragraph 10 of this Schedule, is repugnantto any provision of a law made by the Legislature of the State ofMeghalaya with respect to that matter, then, the law or regulation madeby the District Council or, as the case may be, the Regional Councilwhether made before or after the law made by the Legislature of theState of Meghalaya, shall, to the extent of repugnancy, be void and thelaw made by the Legislature of the State of Meghalaya shall prevail;
  2. the President may, with respect to any Act of Parliament, bynotification, direct that it shall not apply to an autonomous district or anautonomous region in the State of Meghalaya, or shall apply to suchdistrict or region or any part thereof subject to such exceptions ormodifications as he may specify in the notification and any such directionmay be given so as to have retrospective effect.

12AA. Application of Acts of Parliament and of the Legislature of theState of Tripura to the autonomous district and autonomous regions in theState of Tripura.—notwithstanding anything in this Constitution,—

  1. no Act of the Legislature of the State of Tripura in respect of anyof the matters specified in paragraph 3 of this Schedule as matters withrespect to which a District Council or a Regional Council may makelaws, and no Act of the Legislature of the State of Tripura prohibiting orrestricting the consumption of any non-distilled alcoholic liquor shallapply to the autonomous district or an autonomous region in thatState unless, in either case, the District Council for that district orhaving jurisdiction over such region by public notification so directs, andthe District Council in giving such direction with respect to any Act maydirect that the Act shall, in its application to that district or such regionor any part thereof, have effect subject to such exceptions or modificationsas it thinks fit;
  2. the Governor may, by public notification, direct that any Act of theLegislature of the State of Tripura to which the provisions of clause (a)of this sub-paragraph do not apply, shall not apply to the autonomousdistrict or an autonomous region in that State, or shall apply to thatdistrict or such region, or any part thereof, subject to such exceptions ormodifications, as he may specify in the notification;
  3. the President may, with respect to any Act of Parliament, bynotification, direct that it shall not apply to the autonomous district or anautonomous region in the State of Tripura, or shall apply to such districtor region or any part thereof, subject to such exceptions or modificationsas he may specify in the notification and any such direction may be givenso as to have retrospective effect.

12B. Application of Acts of Parliament and of the Legislature of theState of Mizoram to autonomous districts and autonomous regions in theState of Mizoram.—notwithstanding anything in this Constitution,—

  1. no Act of the Legislature of the State of Mizoram in respect of anyof the matters specified in paragraph 3 of this Schedule as matters withrespect to which a District Council or a Regional Council may makelaws, and no Act of the Legislature of the State of Mizoram prohibitingor restricting the consumption of any non-distilled alcoholic liquor shallapply to any autonomous district or autonomous region in that Stateunless, in either case, the District Council for such district or havingjurisdiction over such region, by public notification, so directs, and theDistrict Council, in giving such direction with respect to any Act, maydirect that the Act shall, in its application to such district or region or anypart thereof, have effect subject to such exceptions or modifications as itthinks fit;
  2. the Governor may, by public notification, direct that any Act of theLegislature of the State of Mizoram to which the provisions of clause (a)of this sub-paragraph do not apply, shall not apply to an autonomousdistrict or an autonomous region in that State, or shall apply to suchdistrict or region, or any part thereof, subject to such exceptions ormodifications, as he may specify in the notification;
  3. the President may, with respect to any Act of Parliament, bynotification, direct that it shall not apply to an autonomous district or anautonomous region in the State of Mizoram, or shall apply to such districtor region or any part thereof, subject to such exceptions or modificationsas he may specify in the notification and any such direction may be givenso as to have retrospective effect.

13. Estimated receipts and expenditure pertaining to autonomousdistricts to be shown separately in the annual financial statement.—Theestimated receipts and expenditure pertaining to an autonomous district whichare to be credited to, or is to be made from, the Consolidated Fund of theState shall be first placed before the District Council for discussion andthen after such discussion be shown separately in the annual financialstatement of the State to be laid before the Legislature of the State underarticle 202.

14. Appointment of Commission to inquire into and report on theadministration of autonomous districts and autonomous regions.

  1. TheGovernor may at any time appoint a Commission to examine and report onany matter specified by him relating to the administration of the autonomousdistricts and autonomous regions in the State, including matters specified inclauses (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 timeon the administration of autonomous districts and autonomous regions inthe State generally and in particular on—
  1. the provision of educational and medical facilities andcommunications in such districts and regions;
  2. the need for any new or special legislation in respect of such districtsand regions; and
  3. the administration of the laws, rules and regulations made by theDistrict and Regional Councils;and define the procedure to be followed by such Commission.
  1. The report of every such Commission with the recommendations ofthe Governor with respect thereto shall be laid before the Legislature of theState by the Minister concerned together with an explanatory memorandumregarding the action proposed to be taken thereon by the Government of the State.

15. Annulment or suspension of acts and resolutions of District andRegional Councils.—

  1. If at any time the Governor is satisfied that an actor resolution of a District or a Regional Council is likely to endanger thesafety of India or is likely to be prejudicial to public order], he may annulor suspend such act or resolution and take such steps as he may considernecessary (including the suspension of the Council and the assumption tohimself 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 effectto such resolution.
  2. Any order made by the Governor under sub-paragraph (1) of thisparagraph together with the reasons therefor shall be laid before theLegislature of the State as soon as possible and the order shall, unless revokedby the Legislature of the State, continue in force for a period of twelve monthsfrom the date on which it was so made:

Provided that if and so often as a resolution approving the continuancein force of such order is passed by the Legislature of the State, the order shallunless cancelled by the Governor continue in force for a further period oftwelve months from the date on which under this paragraph it wouldotherwise have ceased to operate.

16. Dissolution of a District or a Regional Council. —

  1. The Governormay on the recommendation of a Commission appointed underparagraph 14 of this Schedule by public notification order the dissolution ofa District or a Regional Council, and—
  1. direct that a fresh general election shall be held immediately forthe reconstitution of the Council, or
  2. subject to the previous approval of the Legislature of the Stateassume the administration of the area under the authority of such Councilhimself or place the administration of such area under the Commissionappointed under the said paragraph or any other body considered suitableby him for a period not exceeding twelve months:

Provided that when an order under clause (a) of this paragraph has beenmade, the Governor may take the action referred to in clause (b) of thisparagraph with regard to the administration of the area in question pendingthe reconstitution of the Council on fresh general election:

Provided further that no action shall be taken under clause (b) of thisparagraph without giving the District or the Regional Council, as thecase may be, an opportunity of placing its views before the Legislature of theState.

  1. If at any time the Governor is satisfied that a situation has arisen inwhich the administration of an autonomous district or region cannot be carriedon in accordance with the provisions of this Schedule, he may, by publicnotification, assume to himself all or any of the functions or powers vestedin or exercisable by the District Council or, as the case may be, the RegionalCouncil and declare that such functions or powers shall be exercisable bysuch person or authority as he may specify in this behalf, for a period notexceeding six months:

Provided that the Governor may by a further order or orders extend theoperation of the initial order by a period not exceeding six months on eachoccasion.

  1. Every order made under sub-paragraph (2) of this paragraph with thereasons therefor shall be laid before the Legislature of the State and shallcease to operate at the expiration of thirty days from the date on which theState Legislature first sits after the issue of the order, unless, before the expiryof that period it has been approved by the State Legislature.

17. Exclusion of areas from autonomous districts in formingconstituencies in such districts.—For the purposes of elections to theLegislative Assembly of Assam or Meghalaya or Tripura or Mizoram,the Governor may by order declare that any area within an autonomous district in the State of Assam or Meghalaya or Tripura or Mizoram], asthe case may be,] shall not form part of any constituency to fill a seat or seatsin the Assembly reserved for any such district but shall form part of aconstituency to fill a seat or seats in the Assembly not so reserved to bespecified in the order.

19. Transitional provisions.—(1) As soon as possible after thecommencement of this Constitution the Governor shall take steps for theconstitution of a District Council for each autonomous district in the Stateunder this Schedule and, until a District Council is so constituted for anautonomous district, the administration of such district shall be vested in theGovernor and the following provisions shall apply to the administration ofthe areas within such district instead of the foregoing provisions of thisSchedule, namely:—

  1. no Act of Parliament or of the Legislature of the State shall applyto any such area unless the Governor by public notification so directs;and the Governor in giving such a direction with respect to any Act maydirect that the Act shall, in its application to the area or to any specifiedpart thereof, have effect subject to such exceptions or modifications as hethinks fit;
  2. the Governor may make regulations for the peace and goodGovernment of any such area and any regulations so made may repealor amend any Act of Parliament or of the Legislature of the State or anyexisting law which is for the time being applicable to such area.

(2) Any direction given by the Governor under clause (a) of sub-paragraph(1) of this paragraph may be given so as to have retrospective effect.

(3) All regulations made under clause (b) of sub-paragraph (1) of thisparagraph shall be submitted forthwith to the President and, until assentedto by him, shall have no effect.

20. Tribal areas.—(1) The areas specified in Parts I, II , IIA and III oftable below shall respectively be the tribal areas within the State of Assam,the State of Meghalaya , the State of Tripura] and the State of Mizoram.

(2) Any reference in Part I, Part II or Part III of the table below] to anydistrict shall be construed as a reference to the territories comprised withinthe autonomous district of that name existing immediately before the dayappointed 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 paragraph8 and clause (d) of sub-paragraph (2) of paragraph 10 of this Schedule, nopart of the area comprised within the municipality of Shillong shall be deemed to be within the Khasi Hills District.

(3) The reference in Part IIA in the table below to the “Tripura TribalAreas District” shall be construed as a reference to the territory comprisingthe tribal areas specified in the First Schedule to the Tripura Tribal AreasAutonomous District Council Act, 1979.

TABLE

PART I

  1. The North Cachar Hills District.
  2. The Karbi Anglong District.
  3.  The Bodoland Territorial Areas District.

 

PART II

  1. Khasi Hills District.
  2. Jaintia Hills District.
  3. The Garo Hills District

PART IIA

Tripura Tribal Areas District.

PART III

 

  1. The Chakma District.
  2. The Mara District.
  3. The Lai District.

20A. Dissolution of the Mizo District Council.—(1) Notwithstandinganything in this Schedule, the District Council of the Mizo District existingimmediately before the prescribed date (hereinafter referred to as the MizoDistrict Council) shall stand dissolved and cease to exist.

(2) The Administrator of the Union territory of Mizoram may, by one ormore orders, provide for all or any of the following matters, namely:—

  1. the transfer, in whole or in part, of the assets, rights and liabilitiesof the Mizo District Council (including the rights and liabilities underany contract made by it) to the Union or to any other authority;
  2. the substitution of the Union or any other authority for the MizoDistrict Council, or the addition of the Union or any other authority, asa party to any legal proceedings to which the Mizo District Council is aparty;
  3. the transfer or re-employment of any employees of the Mizo DistrictCouncil to or by the Union or any other authority, the terms and conditionsof service applicable to such employees after such transfer orre-employment;
  4. the continuance of any laws, made by the Mizo District Counciland in force immediately before its dissolution, subject to such adaptationsand modifications, whether by way of repeal or amendment, as theAdministrator may make in this behalf, until such laws are altered,repealed or amended by a competent Legislature or other competentauthority;
  5. such incidental, consequential and supplementary matters as theAdministrator considers necessary.

Explanation.—In this paragraph and in paragraph 20B of this Schedule,the expression “prescribed date” means the date on which the LegislativeAssembly of the Union territory of Mizoram is duly constituted under andin accordance with the provisions of the Government of Union TerritoriesAct, 1963.

20B. Autonomous regions in the Union territory of Mizoram to beautonomous districts and transitory provisions consequent thereto.—

(1) Notwithstanding anything in this Schedule,—

  1. every autonomous region existing immediately before the prescribeddate in the Union territory of Mizoram shall, on and from that date, bean autonomous district in that Union territory (hereafter referred to asthe corresponding new district) and the Administrator thereof may, byone or more orders, direct that such consequential amendments as arenecessary to give effect to the provisions of this clause shall be made inparagraph 20 of this Schedule (including Part III of the table appendedto that paragraph) and thereupon the said paragraph and the saidPart III shall be deemed to have been amended accordingly;
  2. every Regional Council of an autonomous region in the Unionterritory of Mizoram existing immediately before the prescribed date(hereafter referred to as the existing Regional Council) shall, on and fromthat date and until a District Council is duly constituted for thecorresponding new district, be deemed to be the District Council of thatdistrict (hereafter referred to as the corresponding new District Council).

(2) Every member whether elected or nominated of an existing RegionalCouncil shall be deemed to have been elected or, as the case may be, nominatedto the corresponding new District Council and shall hold office until a DistrictCouncil is duly constituted for the corresponding new district under thisSchedule.

(3) Until rules are made under sub-paragraph (7) of paragraph 2 andsub-paragraph (4) of paragraph 4 of this Schedule by the corresponding newDistrict Council, the rules made under the said provisions by the existingRegional Council and in force immediately before the prescribed date shallhave effect in relation to the corresponding new District Council subject tosuch adaptations and modifications as may be made therein by theAdministrator of the Union territory of Mizoram.

(4) The Administrator of the Union territory of Mizoram may, by one ormore orders, provide for all or any of the following matters, namely:—

  1. the transfer in whole or in part of the assets, rights and liabilitiesof the existing Regional Council (including the rights and liabilities underany contract made by it) to the corresponding new District Council;
  2. the substitution of the corresponding new District Council for theexisting Regional Council as a party to the legal proceedings to whichthe existing Regional Council is a party;
  3. the transfer or re-employment of any employees of the existingRegional Council to or by the corresponding new District Council, theterms and conditions of service applicable to such employees after suchtransfer or re-employment;
  4. the continuance of any laws made by the existing Regional Counciland in force immediately before the prescribed date, subject to suchadaptations 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 competentauthority;
  5. such incidental, consequential and supplementary matters as theAdministrator considers necessary

20C. Interpretation.—Subject to any provision made in this behalf, theprovisions of this Schedule shall, in their application to the Union territoryof Mizoram, have effect—

(1) as if references to the Governor and Government of the State werereferences to the Administrator of the Union territory appointed underarticle 239, references to State (except in the expression “Government ofthe State”) were references to the Union territory of Mizoram andreferences to the State Legislature were references to the LegislativeAssembly of the Union territory of Mizoram;

(2) as if—

  1. in sub-paragraph (5) of paragraph 4, the provision for consultationwith the Government of the State concerned had been omitted;
  2. in sub-paragraph (2) of paragraph 6, for the words “to which theexecutive power of the State extends”, the words “with respect to whichthe Legislative Assembly of the Union territory of Mizoram has power tomake laws” had been substituted;
  3. in paragraph 13, the words and figures “under article 202” hadbeen omitted.

21. 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 purposes of article 368.