The North-Eastern Areas (Reorganisation) Act, 1971
Administered Ministry: Ministry of Home Affairs / Department of States
Section
Section 1 Short title.
This Act may be called the North-Eastern Areas (Reorganisation) Act, 1971.
Section 2 Definitions.
In this Act, unless the context otherwise requires,—
(a) “Administrator” means the administrator of a Union territory appointed by the President under article 239 of the Constitution;
(b) “appointed day” means the day1 which the Central Government may, by notification in the Official Gazette, appoint;
(c) “article” means an article of the Constitution;
(d) “common High Court” means the Gauhati High Court (the High Court of Assam, Nagaland, Meghalaya, Manipur and Tripura) referred to in clause (b) of sub-section (1) of section 28:
2 [Provided that on and from the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012, the provisions of this clause shall have effect as if for the brackets and words “(Assam, Nagaland, Meghalaya, Manipur and Tripura)”, the brackets and words “(Assam, Arunachal Pradesh, Mizoram and Nagaland)” had been substituted;]
(e) “Election Commission” means the Election Commission appointed by the President under article 324;
(f) “existing State of Assam” means the State of Assam as existing immediately before the appointed day;
(g) “law” includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having, immediately before the appointed day, the force of law in the whole or any part of the existing State of Assam or the autonomous State of Meghalaya or the Union territory of Manipur or the Union territory of Tripura, as the case may be;
(h) “sitting member”, in relation to either House of Parliament or the Legislative Assembly of the existing State of Assam, means a person who, immediately before the appointed day, is a member of that House or that Assembly;
(i) “successor State”, in relation to the existing State of Assam, means the State of Assam or Meghalaya, and includes also the Union in relation to the Union territory of Mizoram;
(j) “treasury” includes a sub-treasury.
(a) “Administrator” means the administrator of a Union territory appointed by the President under article 239 of the Constitution;
(b) “appointed day” means the day1 which the Central Government may, by notification in the Official Gazette, appoint;
(c) “article” means an article of the Constitution;
(d) “common High Court” means the Gauhati High Court (the High Court of Assam, Nagaland, Meghalaya, Manipur and Tripura) referred to in clause (b) of sub-section (1) of section 28:
2 [Provided that on and from the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012, the provisions of this clause shall have effect as if for the brackets and words “(Assam, Nagaland, Meghalaya, Manipur and Tripura)”, the brackets and words “(Assam, Arunachal Pradesh, Mizoram and Nagaland)” had been substituted;]
(e) “Election Commission” means the Election Commission appointed by the President under article 324;
(f) “existing State of Assam” means the State of Assam as existing immediately before the appointed day;
(g) “law” includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having, immediately before the appointed day, the force of law in the whole or any part of the existing State of Assam or the autonomous State of Meghalaya or the Union territory of Manipur or the Union territory of Tripura, as the case may be;
(h) “sitting member”, in relation to either House of Parliament or the Legislative Assembly of the existing State of Assam, means a person who, immediately before the appointed day, is a member of that House or that Assembly;
(i) “successor State”, in relation to the existing State of Assam, means the State of Assam or Meghalaya, and includes also the Union in relation to the Union territory of Mizoram;
(j) “treasury” includes a sub-treasury.
1. 21st January, 1972, vide notification No. G.S.R. 18(E), dated 6th January, 1972, see Gazette of India, Extraordinary, Part II, s. 3(i).
2. The proviso ins. by Act 26 of 2012, s. 2 (w.e.f. 23-3-2013).
2. The proviso ins. by Act 26 of 2012, s. 2 (w.e.f. 23-3-2013).
Section 3 Establishment of the State of Manipur.
On and from the appointed day there shall be established a new State, to be known as the State of Manipur, comprising the territories which immediately before that day were comprised in the Union territory of Manipur.
Section 4 Establishment of the State of Tripura.
On and from the appointed day there shall be established a new State, to be known as the State of Tripura, comprising the territories which immediately before that day were comprised in the Union territory of Tripura.
Section 5 Formation of the State of Meghalaya.
On and from the appointed day there shall be formed a new State, to be known as the State of Meghalaya, comprising—
(a) the territories which immediately before that day were comprised in the autonomous State of Meghalaya formed under section 3 of the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969); and
(b) so much of the territories comprised within the cantonment and municipality of Shillong as did not form part of that autonomous State,
and thereupon the said territotries shall cease to form part of the existing State of Assam.
(a) the territories which immediately before that day were comprised in the autonomous State of Meghalaya formed under section 3 of the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969); and
(b) so much of the territories comprised within the cantonment and municipality of Shillong as did not form part of that autonomous State,
and thereupon the said territotries shall cease to form part of the existing State of Assam.
Section 6 Formation of the Union territory of Mizoram.
On and from the appointed day there shall be formed a new Union territory, to be known as the Union territory of Mizoram, comprising the territories which immediately before that day were comprised in the Mizo District in the existing State of Assam and thereupon the said territories shall cease to form part of the existing State of Assam.
Section 7 Formation of the Union territory of Arunachal Pradesh.
On and from the appointed day there shall be formed a new Union territory, to be known as the Union territory of Arunachal Pradesh, comprising the territories which immediately before that day were comprised in the tribal areas specified in Part B of the table appended to paragraph 20 of the Sixth Schedule to the Constitution (but excluding the areas covered by notification No. TAD/R/35/50/109, dated the 23rd February, 1951 issued by the Governor of Assam under the proviso to sub-paragraph (3) of the said paragraph 20) and known as the North-East Frontier Agency and thereupon the said territories shall cease to form part of the existing State of Assam.
Section 8 Territories of the State of the Assam.
On and from the appointed day the State of Assam shall comprise the territories of the existing State of Assam other than those specified in sections 5, 6 and 7.
Section 9 Amendment of first Schedule to the Constitution.
On and from the appointed day, in the First Schedule to the Constitution,—
(a) under the heading "I. THE STATES",—
(i) in the paragraph relating to the territories of the State of Assam, the following shall be added at the end, namely:—
"and the territories specified in sections 5, 6 and 7 of the North-Eastern Areas (Reorganisation) Act, 1971";
(ii) after entry 18 the following entries shall be inserted, namely:—
"19. Manipur The territory which immediately before the commencement of this Constitution was being administered as if it were a Chief Commissioner's Province under the name of Manipur.
20. Tripura The territory which immediately before the commencement of this Constitution was being administered as if it were a Chief Commissioner's Province under the name of Tripura.
21. Meghalaya The territories specified in section 5 of the North-Eastern Areas (Reorganisation) Act, 1971.";
(b) under the heading "II. THE UNION TERRITORIES".—
(i) entries 2 and 3 shall be omitted and entries 4 to 9 shall be re-numbered as entries 2 to 7 respectively;
(ii) after entry 7 as so re-numbered, the following entries shall be inserted, namely:
"8. Mizoram The territories specified in section 6 of the North-Eastern Areas (Reorganisation) Act, 1971.
9. Arunachal The territories specified in section 7 of the North-Eastern Areas (Reorganisation) Act, 1971.".
(a) under the heading "I. THE STATES",—
(i) in the paragraph relating to the territories of the State of Assam, the following shall be added at the end, namely:—
"and the territories specified in sections 5, 6 and 7 of the North-Eastern Areas (Reorganisation) Act, 1971";
(ii) after entry 18 the following entries shall be inserted, namely:—
"19. Manipur The territory which immediately before the commencement of this Constitution was being administered as if it were a Chief Commissioner's Province under the name of Manipur.
20. Tripura The territory which immediately before the commencement of this Constitution was being administered as if it were a Chief Commissioner's Province under the name of Tripura.
21. Meghalaya The territories specified in section 5 of the North-Eastern Areas (Reorganisation) Act, 1971.";
(b) under the heading "II. THE UNION TERRITORIES".—
(i) entries 2 and 3 shall be omitted and entries 4 to 9 shall be re-numbered as entries 2 to 7 respectively;
(ii) after entry 7 as so re-numbered, the following entries shall be inserted, namely:
"8. Mizoram The territories specified in section 6 of the North-Eastern Areas (Reorganisation) Act, 1971.
9. Arunachal The territories specified in section 7 of the North-Eastern Areas (Reorganisation) Act, 1971.".
Section 10 Amendment of Fourth Schedule to the Constitution.
On and from the appointed day, in the Fourth Schedule to the Constitution, in the Table,—
(a) for entries 19 to 22, the following shall be substituted, namely:—
"19. Manipur .. 1
20. Tripura .. 1
21. Meghalaya .. 1
22. Delhi .. 3
23. Pondicherry .. 1
24. Mizoram .. 1
25. Arunachal Pradesh .. 1";
(b) for the figures "228", the figures "231" shall be substituted.
(a) for entries 19 to 22, the following shall be substituted, namely:—
"19. Manipur .. 1
20. Tripura .. 1
21. Meghalaya .. 1
22. Delhi .. 3
23. Pondicherry .. 1
24. Mizoram .. 1
25. Arunachal Pradesh .. 1";
(b) for the figures "228", the figures "231" shall be substituted.
Section 11 Allocation of sitting members representing the existing Union territories of Manipur and Tripura.
On and from the appointed day the sitting members of the Council of States representing the existing Union territories of Manipur and Tripura shall be deemed to have been duly elected under clause (4) of article 80 to fill the seat allotted to each of the States of Manipur and Tripura respectively in that Council and the term of office of such sitting members shall remain unaltered.
Section 12 Election to fill the seats allotted to the State of Meghalaya and the Union territories of Mizoram and Arunachal Pradesh.
As soon as may be after the appointed day steps shall be taken to fill the seats in the Council of States allotted to the State of Meghalaya and the Union territories of Mizoram and Arunachal Pradesh.
Section 13 Amendment of section 27A of Act 43 of 1950.
On and from the appointed day, in section 27A of the Representation of the People Act, 1950,—
(a) in sub-section (1), for the words "For the purpose of filling any seat", the words, brackets and figure "Subject to the provisions of sub-section (5), for the purpose of filling any seat" shall be substituted;
(b) in sub-section (4), for the words "The electoral college for each of the Union territories of Manipur, Tripura and Pondicherry", the words "The electoral college for the Union territory of Pondicherry" shall be substituted;
(c) after sub-section (4), the following sub-section shall be inserted, namely:—
"(5) The seat allotted in the Council of State to each of the Union territories of Mizoram and Arunachal Pradesh shall be filled by a person nominated by the President in this behalf."
(a) in sub-section (1), for the words "For the purpose of filling any seat", the words, brackets and figure "Subject to the provisions of sub-section (5), for the purpose of filling any seat" shall be substituted;
(b) in sub-section (4), for the words "The electoral college for each of the Union territories of Manipur, Tripura and Pondicherry", the words "The electoral college for the Union territory of Pondicherry" shall be substituted;
(c) after sub-section (4), the following sub-section shall be inserted, namely:—
"(5) The seat allotted in the Council of State to each of the Union territories of Mizoram and Arunachal Pradesh shall be filled by a person nominated by the President in this behalf."
Section 14 Allocation of seats in the existing House of the People.
(1) On and from the appointed day and until the dissolution of the existing House of the People, the allocation of seats to the States of Assam, Manipur, Tripura and Meghalaya and the Union territories of Mizoram and Arunachal Pradesh in the House of the People and the number of seats, if any, to be reserved for the Scheduled Castes and for the Scheduled Tribes of each State and Union territory shall be as specified in the Table below and the First Schedule to the Representation of the People Act, 1950 (43 of 1950), shall be deemed to have been amended accordingly.
THE TABLE
Name of the State/Union territory Number of seats in the existing House of the People Total Reserved for the Scheduled Castes Reserved for the Scheduled Tribes
1 2 3 4
I. STATES:
1. Assam . . . 14 1 2
2. Manipur . . . 2 .. 1
3. Tripura . . . 2 .. 2
4. Meghalaya . . . 2 .. 2
II. UNION TERRITORIES:
1. Mizoram . . . 1 .. 1
2. Arunachal Pradesh . . . 1 .. 1
(2) On and from the appointed day and until the dissolution of the existing House of the People, Part A of Schedule II to the Delimitation of Parliamentary and Assembly Constituencies Order, 1966 shall stand amended as directed in the First Schedule.
THE TABLE
Name of the State/Union territory Number of seats in the existing House of the People Total Reserved for the Scheduled Castes Reserved for the Scheduled Tribes
1 2 3 4
I. STATES:
1. Assam . . . 14 1 2
2. Manipur . . . 2 .. 1
3. Tripura . . . 2 .. 2
4. Meghalaya . . . 2 .. 2
II. UNION TERRITORIES:
1. Mizoram . . . 1 .. 1
2. Arunachal Pradesh . . . 1 .. 1
(2) On and from the appointed day and until the dissolution of the existing House of the People, Part A of Schedule II to the Delimitation of Parliamentary and Assembly Constituencies Order, 1966 shall stand amended as directed in the First Schedule.
Section 15 Parliamentary constituencies of the States of Manipur and Tripura and provision as to sitting members.
(1) On and from the appointed day and until the dissolution of the existing House of the People,—
(a) the two parliamentary constituencies of the existing Union territory of Manipur shall be deemed to be the two parliamentary constituencies of the State of Manipur; and
(b) the two parliamentary constituencies of the existing Union territory of Tripura shall be deemed to be the two parliamentary constituencies of the State of Tripura,
and the Delimitation of Parliamentary and Assembly Constituencies Order, 1966 shall be construed accordingly.
(2) Every sitting member of the House of the People representing a parliamentary constituency which on the appointed day, by virtue of the provisions of sub-section (1), becomes a parliamentary constituency of the State of Manipur or Tripura, as the case may be, shall, as from that day, be deemed to have been elected under sub-clause (a) of clause (1) of article 81 to the House of the People from that constituency.
(a) the two parliamentary constituencies of the existing Union territory of Manipur shall be deemed to be the two parliamentary constituencies of the State of Manipur; and
(b) the two parliamentary constituencies of the existing Union territory of Tripura shall be deemed to be the two parliamentary constituencies of the State of Tripura,
and the Delimitation of Parliamentary and Assembly Constituencies Order, 1966 shall be construed accordingly.
(2) Every sitting member of the House of the People representing a parliamentary constituency which on the appointed day, by virtue of the provisions of sub-section (1), becomes a parliamentary constituency of the State of Manipur or Tripura, as the case may be, shall, as from that day, be deemed to have been elected under sub-clause (a) of clause (1) of article 81 to the House of the People from that constituency.
Section 16 Provision as to sitting members representing Cachar and Dhubri parliamentary constituencies in the House of the People and the election of representative from Diphu parliamentary constituency.
(1) The sitting member of the House of the People representing the Cachar parliamentary constituency which on the appointed day, by virtue of the provisions of sub-section (2) of section 14, stands altered shall, as from that day, be deemed to have been elected under sub-clause (a) of clause (1) of article 81 to the House of the People from that constituency as so altered.
(2) The sitting member of the House of the People representing the Dhubri parliamentary constituency which on the appointed day, by virtue of the provisions of sub-section (2) of section 14, stands altered shall, as from that day, be deemed to have been elected under sub-clause (a) of clause (1) of article 81 to the House of the People from that constituency as so altered.
(3) As soon as may be after the appointed day election shall be held to the House of the People to elect a representative from the Diphu parliamentary constituency as if the seat of the member elected to the House of the People from that constituency has become vacant and the provisions of section 149 of the Representation of the People Act, 1951 (43 of 1951) shall, so far as may be, apply in relation to such election.
(2) The sitting member of the House of the People representing the Dhubri parliamentary constituency which on the appointed day, by virtue of the provisions of sub-section (2) of section 14, stands altered shall, as from that day, be deemed to have been elected under sub-clause (a) of clause (1) of article 81 to the House of the People from that constituency as so altered.
(3) As soon as may be after the appointed day election shall be held to the House of the People to elect a representative from the Diphu parliamentary constituency as if the seat of the member elected to the House of the People from that constituency has become vacant and the provisions of section 149 of the Representation of the People Act, 1951 (43 of 1951) shall, so far as may be, apply in relation to such election.
Section 17 Parliamentary constituencies of the State of Meghalaya and provision as to sitting member representing the Autonomous Districts parliamentary constituency in the House of the People and the election of representative from Tura parliamentary constituency.
(1) There shall be two parliamentary constituencies in the State of Meghalaya to be called the Shillong parliamentary constituency and the Tura parliamentary constituency.
(2) The area falling within the Garo Hills district as it exists immediately before the appointed day shall form the Tura parliamentary constituency and the remaining area in the State of Meghalaya shall form the Shillong parliamentary constituency and the said two parliamentary constituencies shall be deemed to have been delimited accordingly.
(3) The sitting member of the House of the People representing immediately before the appointed day the Autonomous Districts parliamentary constituency shall, as from that day, be deemed to have been elected under sub-clause (a) of clause (1) of article 81 to the House of the People from the Shillong parliamentary constituency.
(4) As soon as may be after the appointed day election shall be held to the House of the People to elect a representative from the Tura parliamentary constituency as if the seat of the member elected to the House of the People from that constituency has become vacant and the provisions of section 149 of the Representation of the People Act, 1951 (43 of 1951) shall, so far as may be, apply in relation to such election.
(2) The area falling within the Garo Hills district as it exists immediately before the appointed day shall form the Tura parliamentary constituency and the remaining area in the State of Meghalaya shall form the Shillong parliamentary constituency and the said two parliamentary constituencies shall be deemed to have been delimited accordingly.
(3) The sitting member of the House of the People representing immediately before the appointed day the Autonomous Districts parliamentary constituency shall, as from that day, be deemed to have been elected under sub-clause (a) of clause (1) of article 81 to the House of the People from the Shillong parliamentary constituency.
(4) As soon as may be after the appointed day election shall be held to the House of the People to elect a representative from the Tura parliamentary constituency as if the seat of the member elected to the House of the People from that constituency has become vacant and the provisions of section 149 of the Representation of the People Act, 1951 (43 of 1951) shall, so far as may be, apply in relation to such election.
Section 18 Parliamentary constituency of the Union territory of Mizoram.
The whole of the Union territory of Mizoram shall form one parliamentary constituency to be called the Mizoram parliamentary constituency and as soon as may be after the appointed day election shall be held to the House of the People to elect a representative from that constituency, as if the seat of the member elected to the House of the People from that constituency has become vacant and the provisions of section 149 of the Representation of the People Act, 1951 (43 of 1951) shall, so far as may be, apply in relation to such election.
Section 19 Provision as to the member to represent Arunachal Pradesh in the House of the People.
The sitting member nominated to fill the seat allotted in the House of the People to the Tribal Areas of Assam specified in Part B of the Table appended to paragraph 20 of the Sixth Schedule to the Constitution, known as the North-East Frontier Agency, shall, on and from the appointed day, be deemed to have been nominated to fill the seat allotted to the Union territory of Arunachal Pradesh in the House of the People.
Section 20 Allocation of seats in the Legislative Assemblies.
(1) On and from the appointed day, the total number of seats in the Legislative Assembly of the State of Assam, to be filled by persons chosen by direct election from territorial constituencies, shall be reduced from one hundred and twenty-six to one hundred and fourteen; and every sitting member of that Legislative Assembly representing a constituency which ceases to be a constituency in the State of Assam by virtue of the provisions of sub-section (5) shall, as from the appointed day, cease to be a member of that Legislative Assembly.
(2) The total number of seats in the Legislative Assembly of the State of Manipur, to be constituted at any time after the appointed day, to be filled by persons chosen by direct election from territorial constituencies shall be sixty, out of which one seat shall be reserved for the Scheduled Castes and nineteen seats shall be reserved for the Scheduled Tribes.
(3) The total number of seats in the Legislative Assembly of the State of Tripura, to be constituted at any time after the appointed day, to be filled by persons chosen by direct election from territorial constituencies shall be sixty, out of which six seats shall be reserved for the Scheduled Castes and nineteen seats shall be reserved for the Scheduled Tribes.
(4) The total number of seats in the Legislative Assembly of the State of Meghalaya, to be constituted at any time after the appointed day, to be filled by persons chosen by direct election from territorial constituencies shall be sixty, out of which fifty seats shall be reserved for the Scheduled Tribes.
(5) On and from the appointed day, Part B of Schedule II to the Delimitation of Parliamentary and Assembly Constituencies Order, 1966 shall stand amended as directed in the First Schedule.
(2) The total number of seats in the Legislative Assembly of the State of Manipur, to be constituted at any time after the appointed day, to be filled by persons chosen by direct election from territorial constituencies shall be sixty, out of which one seat shall be reserved for the Scheduled Castes and nineteen seats shall be reserved for the Scheduled Tribes.
(3) The total number of seats in the Legislative Assembly of the State of Tripura, to be constituted at any time after the appointed day, to be filled by persons chosen by direct election from territorial constituencies shall be sixty, out of which six seats shall be reserved for the Scheduled Castes and nineteen seats shall be reserved for the Scheduled Tribes.
(4) The total number of seats in the Legislative Assembly of the State of Meghalaya, to be constituted at any time after the appointed day, to be filled by persons chosen by direct election from territorial constituencies shall be sixty, out of which fifty seats shall be reserved for the Scheduled Tribes.
(5) On and from the appointed day, Part B of Schedule II to the Delimitation of Parliamentary and Assembly Constituencies Order, 1966 shall stand amended as directed in the First Schedule.