The North-Eastern Areas (Reorganisation) Act, 1971
Administered Ministry: Ministry of Home Affairs / Department of States
Section
Section 70 Provisions as to State Public Service Commission.
(1) The Public Service Commission for the existing State of Assam shall, on and from the appointed day, be deemed to be the Public Service Commission for the State of Assam.
(2) Every person holding office immediately before the appointed day as Chairman or other member of the Public Service Commission for the existing State of Assam shall, as from the appointed day, be the Chairman or, as the case may be, the other member of the Public Service Commission for the State of Assam.
(3) Every person who becomes Chairman or other member of the Public Service Commission for the State of Assam on the appointed day under sub-section (2) shall—
(a) be entitled to receive from the Government of the State of Assam conditions of service not less favourable than those to which he was entitled under the provisions applicable to him immediately before the appointed day; and
(b) subject to the proviso to clause (2) of article 316, hold office or continue to hold office until the expiration of his term of office as determined under the provisions applicable to him immediately before the appointed day.
(2) Every person holding office immediately before the appointed day as Chairman or other member of the Public Service Commission for the existing State of Assam shall, as from the appointed day, be the Chairman or, as the case may be, the other member of the Public Service Commission for the State of Assam.
(3) Every person who becomes Chairman or other member of the Public Service Commission for the State of Assam on the appointed day under sub-section (2) shall—
(a) be entitled to receive from the Government of the State of Assam conditions of service not less favourable than those to which he was entitled under the provisions applicable to him immediately before the appointed day; and
(b) subject to the proviso to clause (2) of article 316, hold office or continue to hold office until the expiration of his term of office as determined under the provisions applicable to him immediately before the appointed day.
Section 71 Amendment of articles 210, 239A, 244, 244A, 275, 332, 371B and Fifth and Sixth Schedules to the Constitution.
On and from the appointed day—
(a) in article 210, in the proviso to clause (2), for the words “Legislature of the State of Himachal Pradesh”, the words “Legislatures of the States of Himachal Pradesh, Manipur, Meghalaya and Tripura” shall be substituted;
(b) in article 239A, in clause (1), the words “Manipur, Tripura,” shall be omitted;
(c) in article 244,—
(i) in clause (1), for the words “the State of Assam”, the words “the States of Assam and Meghalaya” shall be substituted;
(ii) in clause (2), for the words “the State of Assam”, the words “the States of Assam and Meghalaya and the Union territory of Mizoram” shall be substituted;
(d) in article 244A, in clause (1), for the word and letter “Part A”, the word and figure “Part I” shall be substituted;
(e) in article 275, in clause (a) of the second proviso to clause (1), for the word and letter “Part A”, the word and figure “Part I” shall be substituted;
(f) in article 332,—
(i) in clause (5), the words “except in the case of the constituency comprising the cantonment and municipality of shillong” shall be omitted;
(ii) in clause (6), the words “except from the constituency comprising the cantonment and municipality of Shillong” shall be omitted;
(g)in article 371B, for the word and letter “Part A”, the word and figure “Part I” shall be substituted;
(h)in the Fifth Schedule to the Constitution, in paragraph 1, for the words “State of Assam”, the words “States of Assam and Meghalaya” shall be substituted;
(i) the Sixth Schedule to the Constitution shall stand amended as directed in the Eighth Schedule.
(a) in article 210, in the proviso to clause (2), for the words “Legislature of the State of Himachal Pradesh”, the words “Legislatures of the States of Himachal Pradesh, Manipur, Meghalaya and Tripura” shall be substituted;
(b) in article 239A, in clause (1), the words “Manipur, Tripura,” shall be omitted;
(c) in article 244,—
(i) in clause (1), for the words “the State of Assam”, the words “the States of Assam and Meghalaya” shall be substituted;
(ii) in clause (2), for the words “the State of Assam”, the words “the States of Assam and Meghalaya and the Union territory of Mizoram” shall be substituted;
(d) in article 244A, in clause (1), for the word and letter “Part A”, the word and figure “Part I” shall be substituted;
(e) in article 275, in clause (a) of the second proviso to clause (1), for the word and letter “Part A”, the word and figure “Part I” shall be substituted;
(f) in article 332,—
(i) in clause (5), the words “except in the case of the constituency comprising the cantonment and municipality of shillong” shall be omitted;
(ii) in clause (6), the words “except from the constituency comprising the cantonment and municipality of Shillong” shall be omitted;
(g)in article 371B, for the word and letter “Part A”, the word and figure “Part I” shall be substituted;
(h)in the Fifth Schedule to the Constitution, in paragraph 1, for the words “State of Assam”, the words “States of Assam and Meghalaya” shall be substituted;
(i) the Sixth Schedule to the Constitution shall stand amended as directed in the Eighth Schedule.
Section 72 Amendment of Act 2 of 1934.
On and from the appointed day, in section 21A of the Reserve Bank of India Act, 1934, in sub-section (1), the brackets and words in the Fifth Schedule to the Constitution, in paragraph 1, for the words “(including the autonomous State of Meghalaya)” shall be omitted.
Section 73 Amendment of Act 64 of 1950.
On and from the appointed day, in section 47A of the Road Transport Corporations Act, 1950, in the Explanation to sub-section (1), after clause (ii), the following clause shall be inserted, namely:—
“(iii) in relation to the Assam State Road Transport Corporation, shall mean the Government of the State of Assam or of Meghalaya as formed under the North-Eastern Areas (Reorganisation) Act, 1971.”.
“(iii) in relation to the Assam State Road Transport Corporation, shall mean the Government of the State of Assam or of Meghalaya as formed under the North-Eastern Areas (Reorganisation) Act, 1971.”.
Section 74 Amendment of Act 37 of 1956.
On and from the appointed day, in the States Reorganisation Act, 1956,—
(a) for clause (c) of section 15, the following clause shall be substituted, namely:—
“(c) the Eastern Zone, comprising the States of Bihar, West Bengal and Orissa;”;
(b) in sub-section (1) of section 16, clause (d) shall be omitted.
(a) for clause (c) of section 15, the following clause shall be substituted, namely:—
“(c) the Eastern Zone, comprising the States of Bihar, West Bengal and Orissa;”;
(b) in sub-section (1) of section 16, clause (d) shall be omitted.
Section 75 Amendment of Act 20 of 1963.
On and from the appointed day, in the Government of Union Territories Act, 1963,—
(a) in clause (h) of sub-section (1) of section 2, the words “Manipur, Tripura,” shall be omitted;
(b) in section 44, sub-section (2) shall be omitted;
(c) section 52 shall be omitted.
(a) in clause (h) of sub-section (1) of section 2, the words “Manipur, Tripura,” shall be omitted;
(b) in section 44, sub-section (2) shall be omitted;
(c) section 52 shall be omitted.
Section 76 Amendment of Act 56 of 1955 and the Tripura (Courts) Order, 1950.
On and from the appointed day,—
(a) the Manipur (Courts) Act, 1955 shall stand amended as directed in the Ninth Schedule;
(b) the Tripura (Courts) Order, 1950 shall stand amended as directed in the Tenth Schedule.
(a) the Manipur (Courts) Act, 1955 shall stand amended as directed in the Ninth Schedule;
(b) the Tripura (Courts) Order, 1950 shall stand amended as directed in the Tenth Schedule.
Section 77 Territorial extent of laws.
The provisions of Part II shall not be deemed to have effected any change in the territories to which any law in force immediately before the appointed day extends or applies, and the territorial references in any such law to the existing State of Assam or the autonomous State of Meghalaya or the Union territory of Manipur or the Union territory of Tripura or the North-East Frontier Agency shall, until otherwise provided by a competent Legislature or other competent authority, be construed as meaning the territories within that State or autonomous State or Union territory or Agency immediately before the appointed day.
Section 78 Continuance of existing District Councils and Regional Council and members thereof.
For the removal of doubt, it is hereby declared that all District Councils and the Regional Council constituted under the provisions of the Sixth Schedule to the Constitution and functioning immediately before the appointed day in the respective autonomous districts and in the autonomous region shall, as from that day, be deemed to have been constituted under the said Schedule as amended by clause (i) of section 71, read with the Eighth Schedule and accordingly,—
(a) every such District Council and the Regional Council shall, unless sooner dissolved, continue to function in the respective autonomous districts and in the autonomous region, notwithstanding that any such district or region ceases to be comprised in the territories of the State of Assam, by virtue of the provisions of Part II; and
(b) every member of such District Council or Regional Council shall continue to be a member thereof for the unexpired term of his office as such.
(a) every such District Council and the Regional Council shall, unless sooner dissolved, continue to function in the respective autonomous districts and in the autonomous region, notwithstanding that any such district or region ceases to be comprised in the territories of the State of Assam, by virtue of the provisions of Part II; and
(b) every member of such District Council or Regional Council shall continue to be a member thereof for the unexpired term of his office as such.
Section 79 Power to adapt laws.
For the purpose of facilitating the application of any law in relation to any of the States of Union territories formed or established by the provisions of Part II, the appropriate Government may, before the expiration of two years from the appointed day, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent Legislature or other competent authority.
Explanation.—In this section, the expression "the appropriate Government" means—
(a) as respects any law relating to a matter enumerated in the Union List in the Seventh Schedule to the Constitution, the Central Government; and
(b) as respects any other law,—
(i) in its application to a State, the State Government, and
(ii) in its application to a Union territory, the Central Government.
Explanation.—In this section, the expression "the appropriate Government" means—
(a) as respects any law relating to a matter enumerated in the Union List in the Seventh Schedule to the Constitution, the Central Government; and
(b) as respects any other law,—
(i) in its application to a State, the State Government, and
(ii) in its application to a Union territory, the Central Government.
Section 80 Power to construe laws.
(1) Notwithstanding that no provision or insufficient provision has been made under section 79 for the adaptation of a law made before the appointed day, any court, tribunal or authority required or empowered to enforce such law may, for the purpose of facilitating its application in relation to the State of Assam, Manipur, Meghalaya or Tripura or to the Union territory of Mizoram or Arunachal Pradesh construe the law in such manner, without affecting the substance, as may be necessary or proper in regard to the matter before the court, tribunal or authority.
(2) Any reference to the High Court of Assam or the High Court of Assam and Nagaland or to the Court of the Judicial Commissioner for Manipur or the Court of the Judicial Commissioner for Tripura in any law shall, unless the context otherwise requires, be construed, on and from the appointed day, as a reference to the common High Court.
(2) Any reference to the High Court of Assam or the High Court of Assam and Nagaland or to the Court of the Judicial Commissioner for Manipur or the Court of the Judicial Commissioner for Tripura in any law shall, unless the context otherwise requires, be construed, on and from the appointed day, as a reference to the common High Court.
Section 81 Power to name authorities, etc., for exercising statutory functions.
The Central Government, as respects the Union territory of Mizoram or Arunachal Pradesh and the State Government as respects any new State established or formed by the provisions of Part II may, by notification in the Official Gazette, specify the authority, officer or person who, as from the appointed day, shall be competent to exercise such functions exercisable under any law in force on that day as may be mentioned in that notification and such law shall have effect accordingly.
Section 82 Legal proceedings.
(1) Where immediately before the appointed day the Union is a party to any legal proceedings with respect to any property, right or liability and such property, right or liability devolves on the State of Manipur or the State of tripura under this Act, then, the State of Manipur or, as the case may be, the State of Tripura shall be deemed to be substituted for the Union as a party to those proceedings and the proceedings may continue accordingly.
(2) Where immediately before the appointed day the autonomous State of Meghalaya is a party to any legal proceedings with respect to any property, right or liability of that State, and such property, right or liability devolves on the State of Meghalaya under this Act, then, the State of Meghalaya shall be deemed to be substituted for the autonomous State of Meghalaya as a party to those proceedings and the proceedings may continue accordingly.
(3) Where immediately before the appointed day the existing State of Assam is a party to any legal proceedings with respect to any property, rights or liabilities subject to apportionment under this Act, the successor State, which succeeds to, or acquires a share in, that property or those rights or liabilities by virtue of any provision of this Act, shall be deemed to be substituted for the existing State of Assam as a party to those proceedings or added as a party thereto, as the case may be, and the proceedings may continue accordingly.
(2) Where immediately before the appointed day the autonomous State of Meghalaya is a party to any legal proceedings with respect to any property, right or liability of that State, and such property, right or liability devolves on the State of Meghalaya under this Act, then, the State of Meghalaya shall be deemed to be substituted for the autonomous State of Meghalaya as a party to those proceedings and the proceedings may continue accordingly.
(3) Where immediately before the appointed day the existing State of Assam is a party to any legal proceedings with respect to any property, rights or liabilities subject to apportionment under this Act, the successor State, which succeeds to, or acquires a share in, that property or those rights or liabilities by virtue of any provision of this Act, shall be deemed to be substituted for the existing State of Assam as a party to those proceedings or added as a party thereto, as the case may be, and the proceedings may continue accordingly.
Section 83 Rights of pleaders to practise in certain cases.
Any person who, immediately before the appointed day, is enrolled as a pleader entitled to practise in any subordinate courts in the existing State of Assam shall, for a period of one year from that day, continue to be entitled to practise in those courts, notwithstanding that the whole or any part of the territories within the jurisdiction of those courts has been transferred to the State of Meghalaya or to a Union territory.
Section 84 Transfer of pending proceedings.
(1) Every proceeding pending immediately before the appointed day before a court (other than a High Court), tribunal, authority or officer in any area which on that day falls within a State or Union territory shall, if it is a proceeding relating exclusively to the territories which as from that day are the territories of another State or Union territory, stand transferred to the corresponding court, tribunal, authority or officer in that other State or Union territory, as the case may be.
(2) If any question arises as to whether any proceeding should stand transferred under sub-section (1), it shall be referred to the common High Court and the decision of that High Court shall be final.
(3) In this section,,—
(a) “proceeding” includes any suit, case or appeal; and
(b) “corresponding court, tribunal, authority or officer” in a State or a Union territory means—
(i) the court, tribunal, authority or officer in that State or Union territory in which or before whom the proceeding would have lain if it had been instituted after the appointed day; or
(ii) in case of doubt, such court, tribunal, authority or officer in that State or Union territory as may be determined after the appointed day by the Government of that State or the Central Government, as the case may be, or before the appointed day by the Government of the existing State of Assam or the Government of the autonomous State of Meghalaya or the Central Government, as the case may be, to be the corresponding court, tribunal, authority or officer.
(2) If any question arises as to whether any proceeding should stand transferred under sub-section (1), it shall be referred to the common High Court and the decision of that High Court shall be final.
(3) In this section,,—
(a) “proceeding” includes any suit, case or appeal; and
(b) “corresponding court, tribunal, authority or officer” in a State or a Union territory means—
(i) the court, tribunal, authority or officer in that State or Union territory in which or before whom the proceeding would have lain if it had been instituted after the appointed day; or
(ii) in case of doubt, such court, tribunal, authority or officer in that State or Union territory as may be determined after the appointed day by the Government of that State or the Central Government, as the case may be, or before the appointed day by the Government of the existing State of Assam or the Government of the autonomous State of Meghalaya or the Central Government, as the case may be, to be the corresponding court, tribunal, authority or officer.
Section 85 Provisions as to continuance of courts, etc.
All courts and tribunals and all authorities discharging lawful functions throughout the existing State of Assam or the Union territory of Manipur or the Union territory of Tripura or any part of such State or Union territory immediately before the appointed day shall, unless their continuance is inconsistent with the provisions of this Act or until other provision is made by a competent Legislature or other competent authority, continue to exercise their respective functions.
Section 86 Effect of provisions of the Act inconsistent with other laws.
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law.
Section 87 Power to remove difficulties.
(1) If any difficulty arises in giving effect to the provisions of this Act, the President may, by order, do anything not inconsistent with such provisions which appears to him to be necessary or expedient for the purpose of removing the difficulty.
(2) Every order made under this section shall be laid before each House of Parliament.
(2) Every order made under this section shall be laid before each House of Parliament.
Section 87A Power to remove difficulties.
1[87A. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of this Act, as amended by the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as may appear to be necessary for removing the difficulty:
Provided that no such order shall be made under this section after the expiry of a period of two years from the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012.
(2) Every order made under this section shall be laid before each House of Parliament.]
Provided that no such order shall be made under this section after the expiry of a period of two years from the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012.
(2) Every order made under this section shall be laid before each House of Parliament.]
1. Ins. by Act 26 of 2012, s. 8 (w.e.f. 23-3-2013).
Section 88 Power to make rules.
(1) The Central Government may, by notification in the Official Gazette, make rules to give effect to the provisions of this Act.
(2) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days 1 [which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session immediately following the session or the successive sessions aforesaid], both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
(2) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days 1 [which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session immediately following the session or the successive sessions aforesaid], both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
1. Subs. by Act 8 of 1974, s. 3, for “which may be comprised in one session or in two successive sessions and if, before the expiry of the session in which it is so laid or the session immediately following” (w.e.f. 19-1-1974).