The Assam Reorganisation (Meghalaya) Act, 1969

Administered Ministry: Ministry of Home Affairs / Department of States

4 schedules
Schedule
First Schedule THE FIRST SCHEDULE
THE FIRST SCHEDULE

(See sections 7, 16 and 26)

FORMS OF OATHS OR AFFIRMATIONS

I

Form of oaths or affirmation to be made by a candidate for election to the Legislative Assembly:—

―I, A.B., having been nominated as a candidate to fill a seat in the Legislative Assembly of

Meghalaya do
swear in the name of God

that I will bear true faith and allegiance to the Constitution of

                                  solemnly affirm

as by law established and that I will uphold the sovereignty and integrity of India.‖.

II

Form of oath or affirmation to be made by a member of the Legislative Assembly:—

―I, A.B., having been elected (or nominated) a member of the Legislative Assembly of

Meghalaya   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, and 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.‖.

III

Form of oath of office for a member of the Council of Ministers:—

―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, that I will uphold the sovereignty and integrity of India, that I will

faithfully and conscientiously discharge my duties as Minister for Meghalaya, 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.‖.

IV

Form of oath of secrecy for a member of the Council of Ministers:—

―I, A.B., do
swear in the name of God

 that I will not directly or indirectly communicate or reveal to any

solemnly affirm

person or persons any matter which shall be brought under any consideration or shall become known

to me as a Minister for Meghalaya except as may be required for the due discharge of my duties as

such Minister.‖.
Second Schedule THE SECOND SCHEDULE.
THE SECOND SCHEDULE

(See sections 33 and 36)

AUTONOMOUS STATE LIST

[See section 33(1)]

Matters with respect to which the Legislative Assembly has exclusive power to make laws.

PART A

The following matters enumerated or to the extent included in List II—State List
1
.

1. Village and town police within the meaning of clause (f) of sub-paragraph (1) of paragraph 3

of the Sixth Schedule to the Constitution (Entry 2).

2. Administration of justice, constitution and organisation of all courts, except the Supreme

Court and the High Court; procedure in rent and revenue courts; fees taken in all courts except the

Supreme Court and the High Court (Entry 3).

3. Prisons, reformatories, Borstal institutions and other institutions of a like nature, and persons

detained therein; arrangements with the State of Assam and other States for the use of prisons and

other institutions (Entry 4).

4. Local Government, that is to say, the constitution and powers of municipal corporations,

improvement trusts, district boards, mining settlement authorities and other local authorities for the

purpose of local self-Government or village administration (Entry 5).

5. Public health and sanitation; hospitals and dispensaries (Entry 6).

6. Pilgrimages, other than pilgrimages to places outside India (Entry 7).

7. Intoxicating liquors, that is to say, the production, manufacture, possession, transport,

purchase, and sale of intoxicating liquors (Entry 8).

8. Relief of the disabled and unemployable (Entry 9).

9. Burials and burial grounds: cremations and cremation grounds (Entry 10).

10. Education including universities, subject to the provisions of entries 63, 64, 65 and 66 of

List I and Entry 25 of List III (Entry 11).

11. Libraries, museums and other similar institutions controlled or financed by the autonomous

State; ancient and historical monuments and records other than those declared by or under law

made by Parliament to be of national importance (Entry 12).

12. Communications, that is to say, roads, bridges, ferries and other means of communication

not specified in List I, but excluding roads, bridges and ferries declared by the Legislature of Assam

by law to be State highways; 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 (Entry 13).

13. Agriculture, including agricultural education and research, protection against pests and

prevention of plant disease subject to the provisions of entry 1 of Part C (Entry 14).

14. Preservation, protection and improvement of stock and prevention of animal diseases;

veterinary training and practice (Entry 15).

15. Pounds and the prevention of cattle trespass (Entry 16).

1
 NOTE.—Reference in this Schedule to List I, List II or List III or to entries therein are reference to the said list

or entries therein the Seventh Schedule to the Constitution; and references in brackets at the end of each entry are

references to the corresponding entries in List II or List III in the said Schedule and have been inserted for the sake

of convenience only.

16. 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, but excluding

water-supplies, irrigation and canals, drainage and embankments, water storage and water power in

relation to irrigation, hydro-electric and navigation projects financed by the Government of Assam

wholly or in part and declared by the Legislature of the State of Assam by law to be projects of

State Importance (Entry 17).

17. 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 (Entry18).

18. Forests, subject to the provisions of entry 2 of Part C (Entry 19).

19. Protection of wild animals and birds (Entry 20).

20. Fisheries (Entry 21).

21. Courts of wards subject to the provisions of entry 34 of List I; encumbered and attached

estates (Entry 22).

22. 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 (Entry 23).

23. Gas and gas-works (Entry 25).

24. Trade and Commerce within the autonomous State subject to the provisions of entry 33 of

List III (Entry 26).

25. Markets and fairs (Entry 28).

26. Weights and measures except establishment of standards (Entry 29).

27. Money-lending and money-lenders; relief of agricultural indebtedness (Entry 30).

28. Inns and inn-keepers (Entry 31).

29. Incorporation, regulation and winding up of universities; unincorporated trading, literary,

scientific, religious and other societies and associations; co-operative societies (Entry 32).

30. Theatres and dramatic performances; cinemas subject to the provisions of entry 60 of

List I; sports, entertainments and amusements (Entry 33).

31. Betting and gambling (Entry 34).

32. Works, lands and buildings vested in or in the possession of the autonomous State

(Entry 35).

33. Elections to the legislature of the autonomous State subject to the provisions of any law

made by Parliament (Entry 37).

34. Salaries and allowances of members, Speaker and Deputy Speaker of the

Legislative Assembly (Entry 38).

35. Powers, privileges and immunities of the Legislative Assembly and of the members and

committees thereof, enforcement of attendance of persons for giving evidence or producing

documents before committees of the Legislature of Meghalaya (Entry 39).

36. Salaries and allowances of Ministers for the autonomous State (Entry 40).

37. Public Services of the autonomous State (Entry 41).

38. Pensions payable by the autonomous State or out of the Consolidated Fund of Meghalaya

(Entry 42).

39. Public debt of the autonomous State (Entry 43).

40. Treasure trove (Entry 44).

41. 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 revenue

(Entry 45).

42. Taxes on agricultural income (Entry 46).

43. Duties in respect of succession to agricultural land (Entry 47).

44. Estate duty in respect of agricultural land (Entry 48).

45. Taxes on lands and buildings (Entry 49).

46. Taxes on mineral rights subjects to any limitations imposed by Parliament by law relating

to mineral development (Entry 50).

47. Duties of excise of the following goods manufactured or produced in the autonomous

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 (Entry 51).

48. Taxes on the entry of goods into a local area for consumption, use or sale therein

(Entry 52).

49. Taxes on advertisements other than advertisements published in the newspapers

(Entry 55).

50. Taxes on goods and passengers carried by road or on inland waterways (Entry 56).

51. Taxes on vehicles, whether mechanically propelled or not, suitable for use on roads

including tram-cars subject to the provisions of entry 35 of List III (Entry 57).

52. Taxes on animals and boats (Entry 58).

53. Tolls (Entry 59).

54. Taxes on profession, trades, callings and employments (Entry 60).

55. Capitation taxes (Entry 61).

56. Taxes on luxuries, including taxes on entertainments, amusements, betting and gambling

(Entry 62).

57. 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 (Entry 63).

58. Any other matter not enumerated in this Part and in respect of which a District Council

has power to make laws under paragraph 3 of the Sixth Schedule in the Constitution, to the extent

to which it is not included in entry 16 of this Part and entry 2 of Part C.

59. Offences against laws with respect to any of the matters in this Part (Entry 64).

60. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the

matters in this Part (Entry 65).

61. Fees in respect of any of the matters in this Part, but not including fees taken in any court

(Entry 66).

PART B

The following matters enumerated or to the extent included in List III—Concurrent List.

1. Marriage and divorce; wills, intestacy and succession; social customs; appointment or

succession of Chiefs or Headmen (Entry 5).

2. Offences against laws with respect to any of the matters in this Part (Entry 1).

3. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the

matters in this Part (Entry 46).

4. Fees in respect of any of the matters in this Part, but not including fees taken in any court

(Entry 47).

Concurrent List between the autonomous State and the State of Assam

PART C

(See section 33 (2))

Matters with respect to which the Legislature of Meghalaya and the Legislature of the State of

Assam also have power to make laws, namely, the following matters enumerated or to the extent

included in List II –State List and List III—Concurrent List.

1. Scheme of agriculture designed to benefit both the areas of the autonomous State as well as

the rest of Assam (Entry 14 of List II).

2. Conversion of forests in catchment areas of projects referred to in entry 16 of Part A,

financed by the Government of Assam wholly or in part and declared by the Legislature of the

State of Assam by law to be projects of State importance (Entry 19 of List II).

3. Industries subject to the provisions of entries 7 and 52 of List I (Entry 24 of List II).

4. Production, supply and distribution of goods, subject to the provisions of entry 33 of

List III (Entry 27 of List II).

5. Removal from the autonomous State to any other area of the State of Assam or to any other

State of prisoners and accused persons (Entry 4 of List III).

6. Transfer of property other than agricultural land, subject to entry 58 of Part A; registration

of deeds and documents (Entry 6 of List III).

7. Economic and social planning (Entry 20 of List III).

8. Acquisition and requisitioning of property (Entry 42 of List III).

9. Recovery in the autonomous State of claims in respect of taxes and other public demands,

including arrears of land revenue and sums recoverable as such arrears, arising outside the

autonomous State (Entry 43 of List III).

10. Inquiries and statistics for the purposes of any of the matters specified in this Schedule

(Entry 45 of List III).

11. Offences against laws with respect to any of the matters in this Part (Entry 64 of List II

and Entry 1 of List III).

12. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the

matters in this Part (Entry 65 of List II and Entry 46 of List III).

13. Fees in respect of any of the matters in this Part, but not including fees taken in any court

(Entry 66 of List II and Entry 47 of List III).
Third Schedule THE THIRD SCHEDULE.
THE THIRD SCHEDULE

(See section 58)

APPORTIONMENT OF ASSETS AND LIABILITIES

1. Definitions.—In this Schedule:—

(a) ―purpose of the autonomous State‖ means a purpose relatable to any of the matters in respect

of which the Legislature of Meghalaya has power to make laws under this Act; and

(b) ―population ratio‖, in relation to Meghalaya means such ratio as Central Government may, by

order, specify as the ratio between the population as ascertained at the last preceding census of

Meghalaya and the rest of the State of Assam.

2. Lands and goods.—(1) Subject to the other provisions contained in this Schedule, all land and all

stores, articles and other goods held by the State of Assam within the territories of Meghalaya shall, on

the appointed day, pass to Meghalaya, if the purposes for which they were held will be purposes of the

autonomous State.

(2) Stores relating to the Secretariat and offices of Heads of Departments having jurisdiction over the

areas comprised partly in Meghalaya and partly in the rest of Assam and unissued stores shall be divided

between the State of Assam and Meghalaya in accordance with such directions as the

Central Government may think fit to issue for a just and equitable distribution thereof.

Explanation—In this paragraph, the expression ―land‖ includes immovable property of every

description and any rights in or over such property, and the expression ―goods‖ does not include coins,

bank notes and currency notes.

3. Treasury and bank balances.—The total of the cash balances in all treasuries of the State of

Assam and the balances of that State with the Reserve Bank of India or any other bank immediately

before the appointed day shall be divided between the State of Assam and Meghalaya according to the

population ratio:

Provided that for the purpose of such division there shall be no transfer of cash balance from any

treasury to any other treasury, and the apportionment shall be effected by adjusting the balance of the

States of Assam and Meghalaya in the books of the Reserve Bank of India on the appointed day or in such

other manner as the Central Government may, by order, direct.

4. Arrears of taxes.—Meghalaya shall have the right to recover the arrears of any tax or duty,

including the arrears of land revenue, on property situate in Meghalaya, and shall also have the right to

recover the arrears of any other tax or duty if the place of assessment of that tax or duty is located in

Meghalaya:

Provided that nothing in this paragraph shall apply in relation to arrears of any tax or duty which

Meghalaya is not competent to collect.

5. Right to recover loans and advances.—(1) The right to recover any loans or advances made

before the appointed day by the State of Assam to any local body, society, agriculturist or other person in

Meghalaya shall belong to Meghalaya, if the purpose for which the loans or advances were made will

thereafter be a purpose of the autonomous State.

(2) The right to recover loans and advances of pay and travelling allowances to a Government servant

made before the appointed day by the State of Assam shall pass to Meghalaya if, after the appointed day,

that Government servant is required to serve in connection with the affairs of Meghalaya under

sub-section (3) of section 65.

6. Investments and credits in certain funds.—The investments made before the appointed day from

the Cash Balance Investment Account and any other general fund of the State of Assam shall, after the

appointed day, be divided between the States of Assam and Meghalaya according to the population ratio;

and the investments in any special fund the objects of which are confined to a local area in Meghalaya

shall pass to Meghalaya if such investment relates to a purpose of the autonomous State.

7. Assets and liabilities of State undertakings and investments.—(1) The assets and liabilities in

Meghalaya on the appointed day relating to any commercial or industrial undertaking of the State of

Assam other than an undertaking on which the State of Assam has incurred a capital outlay exceeding

rupees fifty lakhs or a Government company shall, after the appointed day, pass to Meghalaya if the

purpose of the undertaking relates to a purpose of the autonomous State.

(2) Where a depreciation reserve fund is maintained by the State of Assam for any such undertaking

as is referred to in sub-paragraph (1), the securities held in respect of such investments made from that

fund shall pass to Meghalaya.

(3) The investments of the State of Assam made before the appointed day in any body corporate or

co-operative society whose area of operation or jurisdiction extends to areas comprised partly within

Meghalaya and partly within the rest of the State of Assam, or in any Government company or private

commercial or industrial undertaking, shall, if the Central Government so directs, be allocated between

the Government of Assam and the Government of Meghalaya in such proportion as may be agreed upon

between the two Governments within one year from the date of the direction aforesaid or, in default of

such agreement, as the Central Government may by order direct.

8. Public debt.—(1) The public debt of the State of Assam attributable to loans raised by the issue of

Government securities and outstanding with the public immediately before the appointed day shall

continue to be the public debt of that State, and Meghalaya shall be liable to pay to the State of Assam its

share of the sums due’ from time to time for the servicing and repayment of the debt.

(2) For the purpose of determining the share referred to in sub-paragraph (1), the debt shall be

deemed to be divided between the States of Assam and Meghalaya as if it were a debt referred to in

sub-paragraph (4).

(3) Out of so much of the public debt of Assam, other than the public debt referred to in

sub-paragraph (1), as is equal to the amount of loans and advances made by that State and outstanding on

the appointed day, the share of the liability of Meghalaya shall be for an amount equal to the loans and

advances recoverable by Meghalaya under paragraph 5.

(4) The remaining public debt of the State of Assam attributable to loans taken from the

Central Government, the Reserve Bank of India or any other body or bank outstanding immediately

before the appointed day, shall be divided between the State of Assam and Meghalaya in proportion to the

total capital expenditure on all capital works and other capital outlays incurred or deemed to have been

incurred by the State of Assam up to the appointed day and the total expenditure on all capital works and

other capital outlays incurred or deemed to have been incurred up to that day in Meghalaya for purposes

of the autonomous State.

(5) For the purposes of this paragraph, ―Government security‖ means a security created and issued by

the State of Assam for the purpose of raising a public loan and having any of the forms specified in, or

prescribed under clause (2) of section 2 of the Public Debt Act, 1944 (18 of 1944).

9. Refund of taxes collected in excess.—After the appointed day, it shall be the liability of

Meghalaya to refund any tax or duty on property, including land revenue, collected in excess on any

property situate in Meghalaya or any other tax or duty collected in excess, if the place of assessment of

that tax or duty is situate in Meghalaya.

Provided that nothing in this paragraph shall apply to the refund of any tax or duty which Meghalaya

is not competent to collect.

10. Deposits, etc. —The liability of the State of Assam in respect of any civil deposit or local fund

deposit made before the appointed day in any place situate in Meghalaya, shall become the liability of

Meghalaya if the deposit is for any purpose of the autonomous State.

11. Provident Fund.—The liability of the State of Assam in respect of the Provident Fund account of

a Government servant required to serve in connection with the affairs of Meghalaya under sub-section (3)

of section 65 shall, on and from the appointed day, be the liability of Meghalaya.

12. Pensions.—The liability of the State of Assam or Meghalaya in respect of pensions shall be

apportioned between the two in such manner as may be agreed upon between them or in default of such

agreement, in such manner as the Central Government may, by order, specify.

13. Contracts.—(1) Where, before the appointed day, the State of Assam has made any contract in

the exercise of its executive power for any of the purposes of that State, that contract shall be deemed to

have been made in the exercise of the executive power of Meghalaya if the purpose is as from that day

exclusively a purpose of the autonomous State, and all rights and liabilities which have accrued, or may

accrue under any such contract shall, to the extent to which they would have been rights or liabilities of

Assam, be rights or liabilities of Meghalaya.

(2) For the purposes of this paragraph, there shall be deemed to be included in the liabilities which

have accrued or may accrue under any contract—

(a) any liability to satisfy an order or award made by any court or tribunal in proceedings relating

to the contract; and

(b) any liability in respect of expenses incurred in, or in connection with, any such proceedings.

(3) This paragraph shall have effect subject to the other provisions of this Schedule relating to the

apportionment of liabilities in respect of loans, guarantees and other financial obligations; and bank

balances and securities shall, notwithstanding that they partake of the nature of contractual rights, be dealt

with under those provisions.

14. Liability in respect of actionable wrong.—Where, immediately before the appointed day, the

State of Assam is subject to any liability in respect of an actionable wrong other than a breach of contract,

that liability shall be the liability of Meghalaya if it relates thereafter to a purpose of the

autonomous State.

15. Liability as guarantor.—Where, immediately before the appointed day, the State of Assam is

liable as guarantor in respect of any liability of a registered co-operative society or other person, that

liability shall be the liability of Meghalaya if it relates thereafter to a purpose of the autonomous State.

16. Items in suspense.—If any item in suspense relating to a purpose of the autonomous State is

ultimately found to affect an asset or liability of the nature referred to in any of the foregoing paragraphs

of this Schedule, it shall be dealt with in accordance with that provision.

17. Residuary provisions.—The benefit or burden of any asset or liability of the State of Assam

which relates to a purpose of the autonomous State and which is not dealt with in any of the foregoing

paragraphs of this Schedule, shall pass to Meghalaya.

18. Apportionment of assets and liabilities by agreement.—Where the States of Assam and

Meghalaya agree that the benefit or burden of any particular asset or liability should be apportioned

between them in a manner other than that as provided for in the foregoing paragraphs of this Schedule,

then, notwithstanding anything contained therein, the benefit or burden of that asset or liability shall be

apportioned in the manner agreed upon.

19. Power of Central Government to order allocation or adjustment in certain cases.—Where,

by virtue of any of the provisions of this Schedule, the State of Assam or Meghalaya is entitled to any

property, or obtains any benefits or becomes subject to any liability and the Central Government is of

opinion, on a reference made to it within a period of three years from the appointed day by the State of

Assam or the autonomous State, as the case may be, that it is just and equitable that that property or those

benefits should be transferred to one of the two States or shared between them, or that a contribution

towards that liability should be made by either of the States, the said property or benefits shall be

allocated in such manner, or Meghalaya or the State of Assam shall make to the other State primarily

subject to the liability such contribution in respect thereof, as the Central Government may, after

consultation with the Government of Assam and the Government of Meghalaya, by order, determine.
Fourth Schedule THE FOURTH SCHEDULE
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,‖;

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;

(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

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 figures ―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:—

―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 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.‖.

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:—

―12A. Special provisions as respects application of laws in Meghalaya.—(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;

(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.

11. Paragraph 16 of 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:—

―20A. Interpretation.—(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.‖