The North-Eastern Areas (Reorganisation) Act, 1971
Administered Ministry: Ministry of Home Affairs / Department of States
Schedule
First Schedule THE FIRST SCHEDULE
THE FIRST SCHEDULE [See sections 14 (2) and 20 (5)] AMENDMENTS TO THE DELIMITATION OF PARLIAMENTARY AND ASSEMBLY CONSTITUENCIES ORDER, 1966 In Schedule II to the Delimitation of Parliamentary and Assembly Constituencies Order, 1966,— (1) in PART A.—PARLIAMENTARY CONSTITUENCIES,— (a) for serial No. 1 and the entries relating thereto, the following shall be substituted, namely:— “1. Cachar.—(11) Silchar, (12) Sonai, (13) Dholai, (14) Lakhipur, (15) Udharbond, (16) Borkhola.”; (b) for serial No. 3 and the entries relating thereto, the following shall be substituted, namely:— “3. Diphu (S.T.).—(18) Haflong, (19) Bokajan, (20) Howraghat, (21) Baithalangso.”; (c) for serial No. 4 and the entries relating thereto, the following shall be substituted, namely:— “4. Dhubri.—(31) Mankachar, (32) South Salmara, (33) Dhubri, (34) Gauripur, (35) Golakganj, (36) Bilasipara.”; (2) in PART B.—ASSEMBLY CONSTITUENCIES, serial Nos. 1, 2, 3 and 22 to 30 (both inclusive) and the entries relating thereto shall be omitted.
Second Schedule THE SECOND SCHEDULE
THE SECOND SCHEDULE [See section 25 (1)] AMENDMENTS TO THE CONSTITUTION (SCHEDULED CASTES) ORDER, 1950 In the Constitution (Scheduled Castes) Order, 1950,— (1) in paragraph 2, for the figures “XIV”, the figures “XVII” shall be substituted; (2) in paragraph 4,— (a) for the words and figures “and any reference in Part XIV”, the words and figures “any reference in Part XIV” shall be substituted; (b) the following shall be added at the end, namely:— “and any reference in Parts XV, XVI and XVII to a State shall be construed as a reference to the State constituted as from the day appointed under clause (b) of section 2 of the North-Eastern Areas (Reorganisation) Act, 1971”; (3) in the Schedule, after Part XIV, the following Parts shall be inserted, namely:— “PART XV—Manipur Throughout the State:— 1. Dhupi or Dhobi 2. Lois 3. Muchi or Ravidas 4. Namasudra 5. Patni 6. Sutradhar 7. Yaithibi. PART XVI—Meghalaya Throughout the State:— 1. Bansphor 9. Kaibartta or Jaliya 2. Bhuinmali or Mali 10. Lalbegi 3. Brittial-Bania or Bania 11. Mahara 4. Dhupi or Dhobi 12. Mehtar or Bhangi 5. Dugla or Dholi 13. Muchi or Rishi 6. Hira 14. Namasudra 7. Jalkeot 15. Patni 8. Jhalo, Malo or Jhalo-Malo 16. Sutradhar. PART XVII—Tripura Throughout the State:— 1. Bagdi 20. Kanda 2. Baiti 21. Kanugh 3. Bhuimali 22. Keot 4. Bhunar 23. Khadit 5. Chamar or Muchi 24. Kharia 6. Dandasi 25. Khemcha 7. Dhenuar 26. Koch 8. Dhoba 27. Koir 9. Duai 28. Kol 10. Dum 29. Kora 11. Ghasi 30. Kotal 12. Gour 31. Mahisyadas 13. Gunar 32. Mali 14. Gur 33. Mehtor 15. Gorang 34. Musahar 16. Jalia Kaibartta 35. Namasudra 17. Kahar 36. Patni 18. Kalindi 37. Sabar.”. 19. Kan
Third Schedule THE THIRD SCHEDULE
THE THIRD SCHEDULE [See section 25 (2)] AMENDMENTS TO THE CONSTITUTION (SCHEDULED CASTES) (UNION TERRITORIES) ORDER, 1951 In the Constitution (Scheduled Castes) (Union Territories) Order, 1951,— (1) for paragraph 4, the following paragraph shall be substituted, namely:— “4. Any reference in this Order to a Union territory in Part I of the Scheduled shall be construed as a reference to the territory constituted as a Union territory as from the 1st day of November, 1956, any reference to a Union territory in Part II of the Schedule shall be construed as a reference to the territory constituted as a Union territory as from the 1st day of November, 1966 and any reference to a Union territory in Parts III and IV of the Schedule shall be construed as a reference to the territory constituted as a Union territory as from the day appointed under clause (b) of section 2 of the North-Eastern Areas (Reorganisation) Act, 1971.”; (2) in the Schedule,— (a) Parts III and IV shall be omitted; (b) Part V shall be re-numbered as Part II and after that Part as so re-numbered, the following Parts shall be inserted, namely:— “PART III—Mizoram Throughout the Union territory:— 1. Bansphor 10. Lalbegi 2. Bhuinmali or Mali 11. Mahara 3. Brittial-Bania or Bania 12. Mehtar or Bhangi 4. Dhupi or Dhobi 13. Muchi or Rishi 5. Dugla or Dholi 14. Namasudra 6. Hira 15. Patni 7. Jalkeot 16. Sutradhar. 8. Jhalo, Malo or Jhalo-Malo 9. Kaibartta or Jaliya PART IV—Arunachal Pradesh Throughout the Union territory:— 1. Bansphor 10. Lalbegi 2. Bhinmali or Mali 11. Mahara 3. Brittial-Bania or Bania 12. Mehtar or Bhangi 4. Dhupi or Dhobi 13. Muchi or Rishi 5. Dugla or Dholi 14. Namasudra 6. Hira 15. Patni 7. Jalkeot 16. Sutradhar.”. 8. Jhalo, Malo or Jhalo-Malo 9. Kaibartta or Jaliya
Fourth Schedule THE FOURTH SCHEDULE
THE FOURTH SCHEDULE [See section 26 (1)] AMENDMENTS TO THE COSTITUTION (SCHEDULED TRIBES) ORDER, 1950 In the Constitution (Scheduled Tribes) Order, 1950,— (1) in paragraph 2, for the figures “XIII”, the figures “XVI” shall be substituted; (2) in paragraph 3,— (a) for the words and figures “and any reference in Part XIII”, the words and figures “any reference in Part XIII” shall be substituted; (b) the following shall be added at the end, namely:— “and any reference in Parts XIV to XVI to a State shall be construed as a reference to the State constituted as from the day appointed under clause (b) of section 2 of the North-Eastern Areas (Reorganisation) Act, 1971”; (3) in the Schedule,— (a) in PART II—Assam, paragraph 2 shall be omitted and in paragraph 3, for the words “excluding the Tribal areas”, the words “excluding the autonomous districts” shall be substituted; (b) after Part XIII, the following Parts shall be inserted, namely:— “PART XIV—Manipur Throughout the State:— 1. Aimol 19 Moyon 2. Anal 20. Paite 3. Angami 21. Purum 4. Chiru 22. Ralte 5. Chothe 23. Sema 6. Gangte 24. Simte 7. Hmar 25. Suhte 8. Kabui 26. Tangkhul 9. Kacha Naga 27. Thadou 10. Khoirao 28. Vaiphui 11. Koireng 29. Zou. 12. Kom 13. Lamgang 14. Any Mizo (Lushai) tribes 15. Maram 16. Maring 17. Mao 18. Monsang PART XV—Meghalaya Throughout the State:— 1. Chakma (xvii) Khelma 2. Dimasa (Kachari) (xviii) Kholhou 3. Garo (xix) Kipgen 4. Hajong (xx) Kuki 5. Hmar (xxi) Lengthang 6. Khasi and Jaintia (including Khasi, Synteng or Pnar, War, Bhoi or Lyngngam) (xxii) Lhangum 7. Any Kuki tribes, including: (xxiii) Lhoujem (i) Biate or Biete (xxiv) Lhouvum (ii) Changsan (xxv) Lupheng (ii) Chongloi (xxvi) Mangjel (iv) Doungel (xxvii) Misao (v) Gamalhou (xxviii) Riang (vi) Gangte (xxix) Siarhem (vii) Guite (xxx) Selnam (viii) Hanneng (xxxi) Singson (ix) Haokip or Haupit (xxxii) Sitlhou (x) Haolai (xxxiii) Sukte (xi) Hengna (xxxiv) Thado (xii) Hongsungh (xxxv) Thangngeu (xiii) Hrangkhwal or Rangkhol (xxxvi) Uibuh (xiv) Jongbe (xxxvii) Vaiphei (xv) Khawchung (xvi) Khanwathlang or Khothalong 8. Lakher 9. Man (Tai-Speaking) 10. Any Mizo (Lushai) tribes 11. Mikir 12. Any Naga tribes 13. Pawi 14. Synteng. PART XVI—Tripura Throughout the State:— 1. Lushai (vii) Khareng 2. Mag (xi) Lentei 3. Kuki, including the following sub-tribes:— (xii) Mizel (i) Balte (xiii) Namte (ii) Belalhut (xiv) Paitu, Paite (iii) Chhalya (xv) Rangchan (iv) Fun (xvi) Rangkhole (v) Hajango (xvii) Thangluya (vi) Jangtei (xiv) Paitu, Paite (vii) Khareng (viii) Khephong (ix) Kuntei (x) Laifang 4. Chakma 5. Garoo 6. Chaimal 7. Halam 8. Khasia 9. Bhutia 10. Munda including Kaur 11. Orang 12. Lepcha 13. Santal 14. Bhil 15. Tripura or Tripuri, Tippera 16. Jamatia 17. Noatia 18. Riang 19. Uchai.”.
Fifth Schedule THE FIFTH SCHEDULE
THE FIFTH SCHEDULE [See section 26(2)] AMENDMENTS TO THE CONSTITUTION (SCHEDULED TRIBES) (UNION TERRITORIES) ORDER, 1951 In the Constitution (Scheduled Tribes) (Union Territories) Order, 1951,— (1) in paragraph 2, for the words and figures “Parts I to IV”, the words and figures “Parts I to III” shall be substituted; (2) for paragraph 3, the following paragraph shall be substituted, namely:— “3. Any reference in this Order to a Union territory in Part I of the Scheduled shall be construed as a reference to that territory constituted as a Union territory as from the 1st day of November, 1956 and any reference to a Union territory in Parts II and III of the Schedule shall be construed as a reference to the territory constituted as a Union territory as from the day appointed under clause (b) of section 2 of the North-Eastern Areas (Reorganisation) Act, 1971.”; (3) in the Schedule,— (a) Parts II and III shall be omitted; (b) Part IV shall be re-numbered as Part I and after that Part as so re-numbered, the following Parts shall be inserted, namely: — “PART II—Mizoram Throughout the Union territory:— (xi) Hengna 1. Chakma (xii) Hongsungh 2. Dimasa (Kachari) (xiii) Hrangkhwal or Rangkhol 3. Garo (xiv) Jongbe 4. Hajong (xv) Khawchung 5. Hmar (xvi) Khawathlang or Khothalong 6. Khasi and Jaintia (including Khasi, Synten or Pnar, War, Bhoi or Lyngngam) (xvii) Khelma 7. Any Kuki tribes, including: (xviii) Kholhou (i) Biate or Biete (xix) Kipgen (ii) Changsan (xx) Kuki (iii) Chongloi (xxi) Lengthang (iv) Doungel (xxii) Lhangum (v) Gamalhou (xxiii) Lhoujem (vi) Gangte (xxiv) Lhouvun (vii) Guite (xxv) Lupheng (viii) Hanneng (xxvi) Mangjel (ix) Haokip or Haupit (xxvii) Missao PART III—Arunachal Pradesh Throughout the Union territory:— All tribes of the Union territory including: 1. Abor 7. Khowa 2. Aka 8. Mishmi 3. Apatani 9. Momba 4. Dafla 10. Any Naga tribes 5. Galong 11. Sherdukpen 6. Khampti 12. Singpho.”. (xxviii) Riang 8. Lakher (xxix) Sirphem 9. Man (Tai-Speaking) (xxx) Selnam 10. Any Mizo (Lushai tribes) (xxxi) Singson 11. Mikir (xxxii) Sitlhou 12. Any Naga tribes (xxxiii) Sukte 13. Pawi (xxxiv) Thado 14. Synteng. (xxxv) Thangngeu (xxxvi) Uibuh (xxxvii) Vaiphei
Sixth Schedule THE SIXTH SCHEDULE
THE SIXTH SCHEDULE [See section 53 (3)] APPORTIONMENT OF ASSETS AND LIABILITIES 1. Definitions.—In this Schedule,— (a) “population ratio”, in relation to the States of Assam and Meghalaya means the ratio of 93.58 to 6.42; and (b) “transferred territories” means the territories which, as from the appointed day, become the territories of the State of Meghalaya under section 5. 2. Provisions of the Schedule to be applied to the apportionment of certain assets and liabilities.—Where any asset or liability is required to be apportioned to the autonomous State of Meghalaya by virtue of section 58 of the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), but has not been so apportioned before the appointed day, the provisions of this Schedule shall be applied after apportionment under the said section has been effected. 3. Apportionment of land, stores, etc.—(1) Subject to the other provisions contained in this Schedule, all land and all stores, articles and other goods belonging to the existing State of Assam shall, on and from the appointed day,— (a) in a case where such land, stores, articles and other goods are situated within the transferred territories, pass to the State of Meghalaya; and (b) in any other case, pass to the State of Assam; Provided that where the Central Government is of the opinion that any goods or class of goods should be distributed among the States of Assam and Meghalaya otherwise than according to the situation of the goods, the Central Government may issue such directions, as it thinks fit, for a just and equitable distribution of the goods and the goods shall pass to the States of Assam and Meghalaya accordingly. (2) (a) Such of those lands and buildings as are held by the existing State of Assam, within the limits of the cantonment and municipality of Shillong immediately before the appointed day as may be agreed upon between the States of Assam and Meghalaya shall be available for the use of the State of Assam on the appointed day and thereafter for such period as may be agreed upon between the said States. (b) Where no agreement is reached between the States of Assam and Meghalaya on any of the matters referred to in clause (a), the Central Government shall decide such matter and the decision of the Central Government thereon shall be binding on the said States. (c) Different periods may be agreed upon under clause (a) or decided under clause (b) for different lands and buildings. (d) Where any land or building is made available to the State of Assam under this sub-paragraph on or after the appointed day, then, notwithstanding anything contained in this Schedule, the debt or other liabilities in respect of such land or building shall pass to the State of Meghalaya only from the date from which possession of the land or building is given to the State of Meghalaya and the amount of such debt or other liability shall be determined by agreement between the States of Assam and Meghalaya or, in default of any such agreement, by the Central Government. (e) For so long as any land or building referred to in clause (a) is held by the State of Assam for its use, it shall be the responsibility of that State to properly maintain such land or building from its own funds. (3) Stores relating to the Secretariat and the offices of Heads of departments having jurisdiction over the areas comprised partly in the transferred territories and partly in the State of Assam and unissued stores shall be divided between the States 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. 4. Arrears of Taxes.—The State of Meghalaya shall have the right to recover the arrears of any tax or duty, including the arrears of land revenue, on property situate in the transferred territories, 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 the transferred territories. 5. Right to recover loans and advances.—(1) Save as provided in sub-paragraph (2) of paragraph 6, the right to recover any loans or advances made before the appointed day by the existing State of Assam to any local body, society, agriculturist or other person in the transferred territories shall belong to the State of Meghalaya. (2) The right to recover loans and advances of pay and travelling allowances to a Government servant made before the appointed day by the existing State of Assam shall pass to the State of Meghalaya if, after the appointed day, that Government servant is required to serve in connection with the affairs of Meghalaya. 6. Investments.—(1) The investments of the existing State of Assam immediately before the appointed day in any company or private commercial or industrial undertaking, in so far as such investments have not been made or deemed not to have been made from the Cash Balance Investment Account, shall pass to the State of Meghalaya, if the principal seat of business of the company or undertaking is located in the transferred territories and where on that day the principal seat of business of the company or undertaking is located outside the territories of the existing State of Assam, such investments shall be divided between the States of Assam and Meghalaya in the population ratio: Provided that such investments in any Government company shall be divided between the States of Assam and Meghalaya in such proportion as may be agreed upon between those States or— (a) in default of such agreement; or (b) at the expiry of a period of one year from the appointed day, whichever is earlier, in such proportion as the Central Government may, by order, determine: Provided further that nothing in this paragraph shall apply to any investment made by the existing State of Assam on or after the 2nd day of April, 1970 in any company or private commercial or industrial undertaking located outside the territories of the existing State of Assam. (2) Where any body corporate constituted under a Central Act, State Act or Provincial Act for the existing State of Assam or any part thereof has, by virtue of the provisions of Part II, become an inter-State body corporate, the investments in, or loans or advances to, any such body corporate by the existing State of Assam made before the appointed day shall, save as otherwise expressly provided by or under this Act, be divided between the State of Assam and Meghalaya in the same proportion in which the assets of the body corporate are divided under the provisions of Part VII. 7. Assets and liabilities of State undertakings.—(1) The assets and liabilities relating to any commercial or industrial undertaking of the existing State of Assam shall pass to the State of Meghalaya if the undertaking is located in the transferred territories. (2) Where a depreciation reserve fund is maintained by the existing State of Assam for any commercial or industrial undertaking, the securities held in respect of investments made from that fund shall pass to the State of Meghalaya if the undertaking is located in the transferred territories. (3) Where any such undertaking is located partly in the State of Assam and partly in the State of Meghalaya, the assets and liabilities and the securities referred to in sub-paragraphs (1) and (2) respectively shall be divided in such manner as may be agreed upon between the Governments of the two States within one year from the appointed day, or in default of such agreement, as the Central Government may, by order, direct. 8. Public debt.—(1) The public debt of the existing 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 the State of Assam, and the State of Meghalaya shall be liable to pay to the State of Assam a share of the sums due from time to time for the servicing and repayment of the debt and for the purpose of determining the said share, 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 (5). Explanation.—In this sub-paragraph, “the public debt of the existing State of Assam”, excludes the portion of such public debt the liability for servicing and repayment of which has been apportioned to the autonomous State of Meghalaya by virtue of section 58 of the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969). (2) Where a sinking fund or depreciation fund is maintained by the existing State of Assam for repayment of any loan raised by it, the securities held in respect of investments made from that fund shall be divided between the States of Assam and Meghalaya in the same proportion in which the total public debt is divided between the two States under this paragraph. (3) The public debt of the existing State of Assam attributable to loans taken from the Central Government, the National Co-operative Development Corporation or the Central Warehousing Corporation or the Khadi and Village Industries Commission or from any other source for the express purpose of re-lending the same to a specific institution and outstanding immediately before the appointed day shall,— (a) if re-lent to the Assam State Electricity Board, or any other institution which becomes an inter-State body corporate on the appointed day, be divided between the States of Assam and Meghalaya in the same proportion in which the assets of such body corporate are divided under the provisions of Part VII; (b) if re-lent to any local body, body corporate or other institution in any local area, be the debt of the State in which the local area is included on the appointed day. (4) Out of so much of the public debt of the existing State of Assam, other than the public debt referred to in sub-paragraphs (1) and (3), as is equal to loans and advances made by that State and outstanding on the appointed day, the share of the liability of the State of Meghalaya shall be for an amount equal to the loans and advances [not being re-lent amounts referred to in sub-paragraph (3) and outstanding immediately before the appointed day] recoverable by the State of Meghalaya under paragraph 5. (5) The remaining public debt of the existing 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 States of Assam and Meghalaya in proportion to the total expenditure on all capital works and other capital outlays incurred or deemed to have been incurred by the existing State of Assam up to the appointed day in the territories remaining in the State of Assam and the total expenditure on all capital works and other capital outlays incurred or deemed to have been incurred by the existing State of Assam up to the appointed day in the transferred territories, other than such outlays incurred or deemed to have been incurred before the 2nd day of April, 1970 in the autonomous State of Meghalaya for the purposes of the autonomous State as defined in paragraph 1 of the Third Schedule to the Assam Re-organisation (Meghalaya) Act, 1969 (55 of 1969). (6) For the purpose of this paragraph, “Government security” means a security created and issued by the existing 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). (7) For the purpose of this paragraph, “the public debt of the existing State of Assam attributable to the loan taken from the Central Government” means the public debt of the State as reduced in accordance with the provisions of sub-section (4) of section 52. 9. Refund of taxes collected in excess.—After the appointed day it shall be the liability of the State of Meghalaya to refund any tax or duty on property, including land revenue, collected in excess on any property situate in the transferred territories or any other tax or duty collected in excess, if the place of assessment of that tax or duty is situate in the transferred territories. 10. Deposits, etc.—(1) The liability of the existing State of Assam in respect of any civil deposit or local fund deposit, made before the appointed day in any place situate in the transferred territories, shall become the liability of the State of Meghalaya. (2) The liability of the existing State of Assam in respect of any charitable or other endowment shall, as from the appointed day, be the liability of the State or Meghalaya if the institution entitled to the benefit of the endowment is located in the transferred territories, or if the objects of the endowment, under the terms thereof, are confined to the transferred territories. 11. Arrears of pay and allowances.—The liability of the existing State of Assam in respect of any arrears of pay or allowances due to any Government servant for the period prior to the appointed day shall, if the Government servant is required to serve in connection with the affairs of the State of Meghalaya, be the liability of the State of Meghalaya. 12. Provident Fund, etc.—The liability of the existing State of Assam in respect of the Provident Fund and Special Deposit Fund accounts of a Government servant required to serve in connection with the affairs of the State of Meghalaya shall, on and from the appointed day, be the liability of the State of Meghalaya. 13. Pensions.—The liability of the State of Assam or the State of Meghalaya in respect of pensions shall be apportioned between the two States 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. 14. Contracts.—(1) Where, before the appointed day, the existing State of Assam has made any contract in exercise of its executive power for any purposes of that State, that contract shall be deemed to have been made in the exercise of the executive power,— (a) if such purposes are, as from the appointed day, exclusively purposes of either the State of Assam or the State of Meghalaya, of the State of Assam or, as the case may be, of the State of Meghalaya; and (b) in any other case, of the State of Assam, 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 the existing State of Assam, be rights or liabilities of the State of Assam or, as the case may be, of the State of Meghalaya: Provided that in any such case as is referred to in clause (b), the initial allocation of rights and liabilities made under this sub-paragraph shall be subject to such financial adjustment as may be agreed upon between the States of Assam and Meghalaya or, in default of such agreement, as the Central Government may, by order, direct. (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. 15. Liability in respect of actionable wrong.—Where, immediately before the appointed day, the existing State of Assam is subject to any liability in respect of any actionable wrong, other than breach of contract, that liability shall,— (a) if the cause of action arose wholly within the territories, which as from that day, are the territories of the State of Assam or the State of Meghalaya, be the liability of the State of Assam or, as the case may be, of the State of Meghalaya; and (b) in any other case, be initially the liability of the State of Assam, but subject to such financial adjustment as may be agreed upon between the States of Assam and Meghalaya or, in default of any such agreement, as the Central Government may, by order, direct. 16. Liability as guarantor.—Where, immediately before the appointed day, the existing State of Assam is liable as guarantor in respect of any liability of a registered co-operative society or other person, that liability shall,— (a) if the area of operation of such society or person is limited to the territories which, as from that day, are the territories of the State of Assam or the State of Meghalaya, be the liability of the State of Assam or as the case may be, of the State of Meghalaya; and (b) in any other case, be initially the liability of the State of Assam, subject to such financial adjustment as may be agreed upon between the States of Assam and Meghalaya or, in default of such agreement, as the Central Government may, by order, direct. 17. Items in suspense.—If any item in suspense is ultimately found to affect an asset or liability of the nature referred to in any of the foregoing provisions of this Schedule, it shall be dealt with in accordance with that provision. 18. Residuary provisions.—The benefit or burden of any asset or liability of the existing State of Assam not dealt with in the foregoing paragraphs of this Schedule shall pass to the State of Assam in the first instance, subject to such financial adjustment as may be agreed upon between the States of Assam and Meghalaya within one year from the appointed day or, in default of such agreement, as the Central Government may, by order, direct. 19. 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 so agreed upon. 20. 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 the State of 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 State of Meghalaya, 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 the State of 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.
Seventh Schedule THE SEVENTH SCHEDULE
THE SEVENTH SCHEDULE [See section 60(1)] LIST OF INSTITUTIONS WHERE EXISTING FACILITIES SHALL BE CONTINUED 1. Assam Forest Training School, Jhalukbari. 2. Survey School for Mandals, Gauhati. 3. Assam Survey Training School, Gauhati. 4. Assam Co-operative Training Centre, Joysagar. 5. Grain Sevikas Training Centre, Jorhat. 6. Police Training College, Dergaon. 7. Forensic Science Laboratory, Gauhati. 8. Finger Print Bureau, Shillong. 9. Public Health Laboratory, Shillong. 10. Administrative Training School, Gauhati. 11. Reid Chest T. B. Hospital, Shillong. 12. Gauhati Medical College, Gauhati. 13. Assam Medical College, Dibrugarh. 14. Medical College, Silchar. 15. Pasteur Institute, Shillong. 16. State Malaria Institute, Shillong. 17. Ayurvedic College, Gauhati. 18. Mental Hospital, Tezpur. 19. Primary Health Centre, Chabua. 20. Assam Engineering College, Jhalukbari. 21. Jorhat Engineering College, Jorhat. 22. Assam Government Press, Shillong. 23. Assam Agricultural College. Assam Veterinary College. Under the Agricultural University, Jorhat 24.
Eighth Schedule THE EIGHTH SCHEDULE
THE EIGHTH SCHEDULE [See section 71 (i)] AMENDMENTS TO THE SIXTH SCHEDULE TO THE CONSTITUTION 1. In the Sixth Schedule to the Constitution (hereinafter in this Schedule referred to as the Sixth Schedule), in the heading, for the word “Assam”, the words “the States of Assam and Meghalaya and in the Union territory of Mizoram” shall be substituted. 2. In paragraph 1 of the Sixth Schedule,— (i) in sub-paragraph (1), for the word and letter “Part A”, the words and figures “Parts I and II and in Part III” shall be substituted; (ii) in sub-paragraph (3),— (i) in clauses (a) and (b), for the word and letter “Part A”, the words “any of the Parts” shall be substituted; (ii) after the existing proviso, the following proviso shall be inserted, namely:— “Provided further that any order made by the Governor under this sub-paragraph may contain such incidental and consequential provisions (including any amendment of paragraph 20 and of any item in any of the Parts of the said table) as appear to the Governor to be necessary for giving effect to the provisions of the order.”. 3. In paragraph 3 of the Sixth Schedule, in the proviso to clause (a) of sub-paragraph (1), for the words “by the Government of Assam or the Government of Meghalaya”, the words “by the Government of the State concerned” shall be substituted. 4. In paragraph 4 of the Sixth Schedule,— (i) in sub-paragraph (3), the words “of Assam” shall be omitted; (ii) in sub-paragraph (5), for the words “after consulting the Government of Assam or, as the case may be, the Government of Meghalaya”, the words “after consulting the Government of the State concerned” shall be substituted. 5. In paragraph 6 of the Sixth Schedule, in sub-paragraph (2), the words “of Assam or Meghalaya, as the case may be,” shall be omitted. 6. In paragraph 8 of the Sixth Schedule, in sub-paragraph (1), for the words “by the Government of Assam in assessing lands for the purpose of land revenue in the State of Assam generally”, the words “by the Government of the State in assessing lands for the purpose of land revenue in the State generally” shall be substituted. 7. In paragraph 9 of the Sixth Schedule, in sub-paragraph (1), for the words “the Government of Assam”, in both the places where they occur, the words “the Government of the State” shall be substituted. 8. In paragraph 12 of the Sixth Schedule,— (i) for the heading, the following heading shall be substituted, namely:— “Application of Acts of Parliament and of the Legislature of the State of Assam to autonomous districts and autonomous regions in the State of Assam.”; (ii) in sub-paragraph (1), — (a) in clause (a), for the words “Legislature of the State”, in both the places where they occur, the words “Legislature of the State of Assam” shall be substituted and after the words “any autonomous district or autonomous region”, the words “in that State” shall be inserted; (b) in clause (b), for the words “Legislature of the State”, the words “Legislature of the State of Assam” shall be substituted and after the words “an autonomous district or an autonomous region”, the words “in that State” shall be inserted. 9. For paragraph 12A of the Sixth Schedule, the following paragraphs shall be substituted, namely:— “12A. Application of Acts of Parliament and of the Legislature of the State of Meghalaya to autonomous districts and autonomous regions in the State of Meghalaya.—Notwithstanding anything in this Constitution,— (a) if any provision of a law made by a District or Regional Council in the State of Meghalaya with respect to any matter specified in sub-paragraph (1) of paragraph 3 of this Schedule or if any provision of any regulation made by a District Council or a Regional Council in that State under paragraph 8 or paragraph 10 of this Schedule, is repugnant to any provision of a law made by the Legislature of the State of Meghalaya with respect to that matter, then, the law or regulation 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 Meghalaya, shall, to the extent of repugnancy, be void and the law made by the Legislature of the State of Meghalaya shall prevail; (b) the President may, with respect to any Act of Parliament, by notification, direct that it shall not apply to an autonomous district or an atonomous region in the State of Meghalaya, or shall apply to such district or region or any part thereof subject to such exceptions or modifications as he may specify in the notification and any such direction may be given so as to have retrospective effect. 12B. Application of Acts of Parliament and other Acts to autonomous districts and autonomous regions in the Union territory of Mizoram.-—Notwithstanding anything in this Constitution, the President may with respect to any Act of Parliament and the Administrator may with respect to any other Act, by notification, direct that it shall not apply to an autonomous district or an autonomous region in the Union territory of Mizoram or shall apply to such district or region or any part thereof subject to such exceptions or modifications as he may specify in the notification and any such direction may be given so as to have retrospective effect”. 10. In paragraph 13 of the Sixth Schedule, the words “of Assam” shall be omitted. 11. In paragraph 14 of the Sixth Schedule, in sub-paragraph (2), for the words “the Government of Assam”, the words “the Government of the State” shall be substituted. 12. In paragraph 17 of the Sixth Schedule, for the words “the Legislative Assembly of Assam”, the words “the Legislative Assembly of Assam or Meghalaya” shall be substituted and after the words “autonomous district”, the words “in the State of Assam or Meghalaya, as the case may be,” shall be inserted. 13. Paragraph 18 of the Sixth Schedule shall be omitted. 14. For paragraphs 20 and 20A of the Sixth Schedule, the following paragraphs shall be substituted, namely:— “20. Tribal areas.—(1) The areas specified in Parts I, II and III of the table below shall respectively be the tribal areas within the State of Assam, the State of Meghalaya and the Union territory of Mizoram. (2) Any reference in the table below to any district shall be construed as a reference to the territories comprised within the autonomous district of that name existing immediately before the day appointed under clause (b) of section 2 of the North-Eastern Areas (Reorganisation) Act, 1971: Provided that for the purposes of clauses (e) and (f) of sub-paragraph (1) of paragraph 3, paragraph 4, paragraph 5, paragraph 6, sub-paragraph (2), clauses (a), (b) and (d) of sub-paragraph (3) and sub-paragraph (4) of paragraph 8 and clause (d) of sub-paragraph (2) of paragraph 10 of this Schedule, no part of the area comprised within the Municipality of Shillong shall be deemed to be within the United Khasi-Jaintia Hills District. TABLE PART I 1. The North Cachar Hills District. 2. The Mikir Hills District. PART II 1. The United Khasi-Jaintia Hills District. 2. The Jowai District. 3. The Garo Hills District. PART III The Mizo District. 20A. Interpretation.—Subject to any express provision made in this behalf, the provisions of this Schedule shall, in their application to the Union territory of Mizoram, have effect— (1) as if references to the Governor and Government of the State were references to the Administrator of the Union territory appointed under Article 239 and references to State (except in the expression “Government of the State”) were references to the Union territory of Mizoram; (2) as if— (a) in sub-paragraph (3) of paragraph 1,— (i) after clause (g), the following clause had been inserted, namely:— “(h) divide any autonomous region into two or more autonomous regions and define the boundaries thereof”; (ii) the first proviso had been omitted; (b) in sub-paragraph (5) of paragraph 4 the provisions for consultation with the Government of the State concerned had been omitted; (c) in sub-paragraph (2) of paragraph 9, the words “in his discretion” had been omitted; (d) paragraph 13 had been omitted; (e) sub-paragraphs (2) and (3) of paragraph 14 had been omitted; (f) sub-paragraph (2) (including the proviso thereto) of paragraph 15 had been omitted; (g) in paragraph 16,— (i) in sub-paragraph (1), in clause (b), the words “subject to the previous approval of the Legislature of the State” and the second proviso to that sub-paragraph had been omitted; (ii) sub-paragraph (3) had been omitted.’
Ninth Schedule THE NINTH SCHEDULE
THE NINTH SCHEDULE [See section 76(a)] AMENDMENTS TO THE MANIPUR (COURTS) ACT, 1955 In the Manipur (Courts) Act, 1955 (56 of 1955),— (i) throughout the Act, save as otherwise expressly provided,— (a) for the words “Chief Commissioner”, the words “State Government” shall be substituted, and for the words, “Judicial Commissioner” or “Court of the Judicial Commissioner”, the words “High Court” shall be substituted, and such consequential amendments, as the rules of grammar may require, shall be made; (b) for the words “Union territory of Manipur”, the words “State of Manipur” shall be substituted; (ii) in the long title, the words “a Judicial Commissioner's Court and other” shall be omitted; (iii) in section 2,— (a) clause (i) shall be omitted; (b) after clause (iii), the following clause shall be inserted, namely:— (iiia) “High Court” means the Gauhati High Court (the High Court of Assam, Nagaland, Maghalaya, Manipur and Tripura);'; (iv) Chapter II shall be omitted; (v) in section 16, the words “the Court of the Judicial Commissioner and” shall be omitted; (vi) in section 17,— (a) the brackets and figure “(1)” shall be omitted; (b) sub-section (2) shall be omitted; (vii) in section18, for sub-section (1), the following sub-section shall be substituted, namely:— “(1) When the business pending before the court of a district judge requires the aid of an additional district judge for its speedy disposal, one or more additional district judges may be appointed.”; (viii) section 19 shall be omitted; (ix) for section 23, the following section shall be substituted, namely:— “23. Local limits of the jurisdiction of courts of subordinate judges and munsiffs.—(1) The local limits of the jurisdiction of the court of a subordinate judge or a munsiff shall be such as the State Government may, after consultation with the High Court, by notification in the Official Gazette, define. (2) When a subordinate judge is posted to a district, the local limits of the district shall, in the absence of any direction to the contrary, be the local limits of his jurisdiction.”; (x) in section 25, sub-section (4) shall be omitted; (xi) sections 33, 34, 35 and 40 shall be omitted; (xii) in sub-section (1) of section 43, the words “the Court of the Judicial Commissioner and” shall be omitted; (xiii) section 46 shall be omitted.
Tenth Schedule THE TENTH SCHEDULE
THE TENTH SCHEDULE [See section 76(b)] AMENDMENTS TO THE TRIPURA (COURTS) ORDER, 1950 In the Tripura (Courts) Order, 1950,— (i) throughout the Order, save as otherwise expressly provided, for the words “Chief Commissioner”, the words “State Government” shall be substituted, and for the words “Judicial Commissioner” or “Court of the Judicial Commissioner”, the words “High Court” shall be substituted, and such consequential amendments, as the rules of grammar may require, shall be made; (ii) in paragraph 2,— (a) clause (i) shall be omitted; (b) for clause (iii), the following clause shall be substituted, namely:— (iii) “High Court” means the Gauhati High Court (the High Court of Assam, Nagaland, Meghalaya, Manipur and Tripura); (iiia) “Tripura” means the State of Tripura; (iii) Chapter II shall be omitted; (iv) in paragraph 15, the words “the Court of the Judicial Commissioner and” shall be omitted; (v) in paragraph 16,— (a) the brackets and figure “(1)” shall be omitted; (b) sub-paragraph (2) shall be omitted; (vi) in paragraph 17, for sub-paragraph (1), the following sub-paragraph shall be substituted, namely:— “(1) When the business pending before the Court of a District Judge requires the aid of an Additional Judge or Judges for its speedy disposal, one or more Additional District Judges may be appointed.”; (vii) paragraph 18 shall be omitted; (viii) for paragraph 22, the following paragraph shall be substituted, namely:— “22. Local limits of jurisdiction of Courts of Subordinate Judges and Munsiffs.—(1) The local limits of the jurisdiction of the Court of a Subordinate Judge or Munsiff shall be such as the State Government may, after consultation with the High Court, by notification in the Official Gazette, define. (2) When a Subordinate Judge is posted to a district, the local limits of the district shall, in the absence of any directions to the contrary, be the local limits of his jurisdiction.” ; (ix) paragraph 31 shall be omitted; (x) for paragraph 32, the following paragraph shall be substituted, namely:— “32. Finality of appellate decrees of District Court.—Subject to the provisions of section 100 of the Code of Civil Procedure, 1908 (5 of 1908), an appellate decree of a District Court shall be final.”; (xi) paragraphs 33, 34, 35 and 41 shall be omitted; (xii) in sub-paragraph (1) of paragraph 42, the words “the Court of Judicial Commissioner and” shall be omitted.