1984 (2) TMI 163

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....chedule VI of the Constitution of India, defines the tribal areas and reads as follows: "(1) The areas specified in Parts, I, II and III of the Table below shall respectively to 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 cl. (b) of s. 2 of the North Eastern Areas (Reorganisation) Act, 1971; Provided that for the purposes of cls. (a) & (f) of sub-para (1) of para 3, para 4 para 5, para 6, sub-para (2), cls. (a), (b) and (d) of sub-para (3) and sub-para (4) of para 8....

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.... Municipal Committee was part of Khasi and Jaintia Hills Districts prior to the appointed day mentioned in cl. (b) of s. 2 of the North Eastern Areas (Reorganisation) Act, 1971 is not disputed by the Revenue in the present appeals. What is, however, stated by the ld. Departmental Representative is that in terms of the proviso to sub-para (2) of para20 : no part of the area comprised within the municipality of Shilloong shall be deemed to be within the Khasi Jaintia Hills Districts." According to the Departmental Representative, the AAC ignored to take note of the aforesaid provision. It is also his submission that even the Tribunal did not note the full implication of the aforesaid proviso in their order in ITA Nos. 638 & 639 (Gau) of 1976-....

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....For the purposes of para 4, 5, and 6; (3) For the purposes of sub-para (2) cl. (a) (b) and (d) of sub-para (3) & sub-para 4 of para 8 and cl. (d) of sub-s. (2) of para 10 of the Sixth Schedule. 8. A reference to the above clauses would show that in none of them there is reference to the IT Act. Para 3 deals with the powers of the District Councils and Regional Councils to make laws. Such District Councils and Regional Councils would not be able to make laws regard to the areas comprised within the Municipality of Shillong in respect of allotment, occupation or use or the setting apart of land etc. or any other matter relating to village or town administration including village or town police and public heath and sanitation. Para 4 dea....