Assam Reorganisation (Meghalaya) Act : AMENDMENTS TO THE SIXTH SCHEDULE OF THE CONSTITUTION Indian Bare

Assam Reorganisation (Meghalaya) Act,1969

Act No : 55

Section : AMENDMENTS TO THE SIXTH SCHEDULE OF THE CONSTITUTION

THE FOURTH SCHEDULE (See section 74) AMENDMENTS TO THE SIXTH SCHEDULE OF THE CONSTITUTION 1. In the Sixth Schedule to the Constitution (hereinafter referred to as the Sixth Schedule), in sub-paragraph (3) of paragraph 1, after clause (f), the following clause shall be inserted, namely:-- "(ff) alter the name of any autonomous district,". 1007 2. In paragraph 2 of the Sixth Schedule,-- (i) for sub-paragraph (1), the following sub-paragraph shall be substituted, namely:-- "(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."; (ii) in sub-paragraph (6)-- (a) in clause (e), for the words "such Councils", the words "Regional Councils" shall be substituted; (b) in clause (g), after the words "conduct of business", the brackets and words "(including the power to act notwithstanding any vacancy)" shall be inserted; (iii) after sub-paragraph (6), the following sub-paragraph shall be inserted, namely:-- "(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."; (iv) in sub-paragraph (7)-- (a) after the words "make rules", where they first occur, the words "with the approval of the Governor" shall be inserted, and where they occur a second time, the words "with like approval" shall be inserted; 1008 (b) the second proviso shall be omitted. 3. In paragraph 3 of the Sixth Schedule, in sub-paragraph (1),-- (i) in the proviso to clause (a), for the words "Government of Assam", the words "Government of Assam or the Government of Meghalaya" shall be substituted; (ii) for clause (i), the following clause shall be substituted, namely:-- "(i) marriage and divorce;". 4. In paragraph 4 of the Sixth Schedule, the following sub- paragraph shall be inserted at the end, namely:-- `(5) On and from such date as the President may, after consulting the Government of Assam or, as the case may be, the Government of Meghalaya, 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 Schedule 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;"; 1009 (c) for clause (c), the following clause had been substituted, namely:-- "(c) the transfer of appeals and other proceedings pending before the Regional or District Council or any court constituted by such Council immediately before the date appointed by the President under sub-paragraph (5);"; and (d) in clause (e), for the words, brackets and figures "sub-paragraphs (1) and (2)", the word, brackets and figure "sub-paragraph (1)" had been substituted.'. 5. In paragraph 5 of the Sixth Schedule, after sub-paragraph (3), the following sub-paragraph shall be inserted, namely:-- "(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. For paragraph 6 of the Sixth Schedule, the following paragraph shall be substituted, namely:-- Powers of the District Council to establish primary schools, etc. "6. (1) The District Council for an autonomous district may establish, construct, or manage primary schools, dispensaries, markets, cattle ponds, 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 of Assam or Meghalaya, as the case may be, extends.". 1010 7. In paragraph 7 of the Sixth Schedule, for sub-paragraph (2), the following sub-paragraphs shall be substituted, namely:-- "(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. In paragraph 8 of the Sixth Schedule, in sub-paragraph (4), the following words shall be inserted at the end, namely:-- "and every such regulation shall be submitted forthwith to the Governor and, until assented to by him, shall have no effect.". 9. After paragraph 12 of the Sixth Schedule, the following paragraph shall be inserted, namely:-- Special provisions as respects application of laws in Meghalaya. "12A. (1) Notwithstanding anything contained in paragraph 12,-- (a) if any provision of a law made by a District or Regional Council in Meghalaya with respect to any of the matters specified in clause (b) or clause (c) of sub-paragraph (1) of paragraph 3 of this Schedule is repugnant to any provision of a law made by the Legislature of the State of Assam with respect to any project declared by the Legislature of that State to be of State importance, then, the law made by the District Council or, as the case may be, the Regional Council, whether made before or after the law made by the Legislature of the State of Assam, shall, to the extent of the repugnancy, be void and the law made by the Legislature of the State of Assam shall prevail; 1011 (b) if any provision of a law made by a District or Regional Council in Meghalaya with respect to any of the matters specified in clause (b) or clause (c) or clause (f) of sub-paragraph (1) of paragraph 3 of this Schedule is repugnant to any provision of a law made by the Legislature of Meghalaya with respect to that matter, then, the law made by the District Council or, as the case may be, the Regional Council, whether made before or after the law made by the Legislature of Meghalaya, shall, to the extent of repugnancy, be void and the law made by the Legislature of Meghalaya shall prevail. (2) If it appears to two or more District Councils or Regional Councils in Meghalaya to be desirable that any of the matters with respect to which they have power to make laws under paragraph 3 of this Schedule should be regulated by the Legislature of Meghalaya by law, and if resolutions to that effect are passed by the said District Councils or Regional Councils, it shall be lawful for the Legislature of Meghalaya to pass an Act regulating that matter accordingly, and any Act so passed shall apply to the autonomous districts or regions concerned, and to any other autonomous district or region the District or Regional Council whereof adopts it afterwards by resolution passed in this behalf. (3) Any Act passed by the Legislature of Meghalaya under sub-paragraph (2) of this paragraph may be amended or repealed by an Act of the Legislature of Meghalaya passed in like manner, but shall not, as respects any autonomous district or region to which it applies, be amended or repealed by any law made by the District or Regional Council thereof. (4) The Governor may, with respect to any Act of the Legislature of the State of Assam, and the President may, with respect to any Act of Parliament, by public notification direct, that it shall not apply to Meghalaya, or shall apply thereto, or to any part thereof subject to such exceptions or modifications as he may specify in the notification, and any such direction may be so given as to have retrospective effect. (5) The provisions of clause (b) of sub-paragraph (1) of paragraph 12 shall not apply to Meghalaya.". 10. In sub-paragraph (1) of paragraph 15 of the Sixth Schedule, after the words "safety of India", the words "or is likely to be prejudicial to public order" shall be inserted. 1012 11. Paragraph 16 of the Sixth Schedule shall be re-numbered as sub-paragraph (1) of that paragraph and to that paragraph as so re- numbered, the following sub-paragraphs shall be added, namely:-- "(2) If at any time the Governor is satisfied that a situation has arisen in which the administration of an autonomous district or region cannot be carried on in accordance with the provisions of this Schedule, he may, by public notification, assume to himself all or any of the functions or powers vested in or exercisable by the District Council or, as the case may be, the Regional Council and declare that such functions or powers shall be exercisable by such person or authority as he may specify in this behalf, for a period not exceeding six months: Provided that the Governor may by a further order or orders extend the operation of the initial order by a period not exceeding six months on each occasion. (3) Every order made under sub-paragraph (2) of this paragraph with the reasons therefor shall be laid before the Legislature of the State and shall cease to operate at the expiration of thirty days from the date on which the State Legislature first sits after the issue of the order, unless, before the expiry of that period it has been approved by the State Legislature.". 12. After paragraph 20 of the Sixth Schedule, the following paragraph shall be inserted, namely:-- Interpretation. `20A. (1) In this Schedule,-- (a) "Governor", in relation to Meghalaya, means the Governor of Assam acting on the aid and advice of the Council of Ministers for Meghalaya, except in so far as he is by or under this Schedule required to exercise his functions in his discretion or to exercise his powers under sub- paragraph (4) of paragraph 12A; (b) "Meghalaya" means the autonomous State formed under article 244A. (2) Subject to any express provision made in this behalf, the provisions of this Schedule shall, in their application to Meghalaya, have effect-- (i) as if references to the Government of Assam, State of Assam, State and Legislature of the State were references respectively to the Government of Meghalaya, the autonomous State of Meghalaya, Meghalaya and the Legislature of Meghalaya; (ii) as if in paragraph 13, the words and figures "under article 202" had been omitted.'.