TaxTMI 
TaxTMI 
Sixth Schedule
X X X X Extracts X X X X
X X X X Extracts X X X X
....ous district, 3[(ff) alter the name of any autonomous district,] (g) define the boundaries of any autonomous district: Provided that no order shall be made by the Governor under clauses (c), (d), (e) and (f) of this sub-paragraph except after consideration of the report of a Commission appointed under sub-paragraph (1) of paragraph 14 of this Schedule: 27[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.] 2. Constitution of District Councils and Regional Councils - 4[(1) There shall be a District Council for each autonomous district consisting of not more than thirty members, of whom not more than four persons shall be nominated by the Governor and the rest shall be elected on the basis of adult suffrage.] 92[Provided that the Bodoland Territorial Council shall consist of not more than forty-six members of whom forty shall be elected on the basis of adult suffrage, of whom thirty shall be reserved for th....
X X X X Extracts X X X X
X X X X Extracts X X X X
....s for voting at such elections and the preparation of electoral rolls therefor; (d) the qualifications for being elected at such elections as members of such Councils; (e) the term of office of members of 5[Regional Councils;] (f) any other matter relating to or connected with elections or nominations to such Councils; (g) the procedure and the conduct of business 6[(including the power to act notwithstanding any vacancy)] in the District and Regional Councils; (h) the appointment of officers and staff of the District and Regional Councils. 7[(6A) The elected members of the District Council shall hold office for a term of five years from the date appointed for the first meeting of the Council after the general elections to the Council, unless the District Council is sooner dissolved under paragraph 16 and a nominated member shall hold office at the pleasure of the Governor: Provided that the said period of five years may, while a Proclamation of Emergency is in operation or if circumstances exist which, in the opinion of the Governor, render the holding of elections impracticable, be extended by the Governor for a period not exceeding one year at a time and in any case ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....e or town committees or councils and their powers; (f) any other matter relating to village or town administration, including village or town police and public health and sanitation; (g) the appointment or succession of Chiefs or Headmen; (h) the inheritance of property; 12[(i) marriage and divorce;] (j) social customs. (2) In this paragraph, a "reserved forest" means any area which is a reserved forest under the Assam Forest Regulation, 1891, or under any other law for the time being in force in the area in question. 94[(3) Save as otherwise provided in sub-paragraph (2) of Paragraph 3-A, all laws made under this paragraph or sub-paragraph (1) of Paragraph 3-A shall be submitted forthwith to the Governor and, until assented to by him, shall have no effect.] 87[3-A. Additional powers of the North Cachar Hills Autonomous Council and the Karbi Anglong Autonomous Council to make laws.- (1) Without prejudice to the provisions of paragraph 3, the North Cachar Hills Autonomous Council and the Karbi Anglong Autonomous Council within their respective districts, shall have power to make laws with respect to- (a) industries, subject to the provisions of Entries 7 and 52 of Li....
X X X X Extracts X X X X
X X X X Extracts X X X X
....utonomous Council, as the case may be, together with a message requesting that the said Council will reconsider the law or any specified provisions thereof and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message and, when the law is so returned, the said Council shall consider the law accordingly within a period of six months from the date of receipt of such message and, if the law is again passed by the said Council with or without amendment it shall be presented again to the President for his consideration.] 95[3B. Additional powers of the Bodoland Territorial Council to make laws.- (1) Without prejudice to the provisions of paragraph 3, the Bodoland Territorial Council within its areas shall have power to make laws with respect to :- (i) agriculture, including agricultural education and research, protection against pests and prevention of plant diseases; (ii) animal husbandry and veterinary, that is to say, preservation, protection and improvement of stock and prevention of animal diseases, veterinary training and practice, cattle pounds; (iii) co-operation; (iv) cultural affairs; (v) education, that is....
X X X X Extracts X X X X
X X X X Extracts X X X X
....edule; and (xl) Welfare of plain tribes and backward classes: Provided that nothing in such laws shall- (a) extinguish or modify the existing rights and privileges of any citizen in respect of his land at the date of commencement of this Act; and (b) disallow and citizen from acquiring land either by way of inheritance, allotment, settlement or by any other way of transfer if such citizen is otherwise eligible for such acquisition of land within the Bodoland Territorial Areas District. (2) All laws made under paragraph 3 or under this paragraph shall in so far as they relate to matters specified in List III of the Seventh Schedule, be submitted forthwith to the Governor who shall reserve the same for the consideration of the President. (3) When a law is reserved for the consideration of the President, the President shall declare either that he assents to the said law or that he withholds assent therefrom: Provided that the President may direct the Governor to return the law to the Bodoland Territorial Council, together with the message requesting that the said Council will reconsider the law or any specified provisions thereof and, in particular, will consider the desira....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... of the Governor make rules regulating- (a) the constitution of village councils and courts and the powers to be exercised by them under this paragraph; (b) the procedure to be followed by village councils or courts in the trial of suits and cases under sub-paragraph (1) of this paragraph; (c) the procedure to be followed by the Regional or District Council or any court constituted by such Council in appeals and other proceedings under sub-paragraph (2) of this paragraph; (d) the enforcement of decisions and orders of such councils and courts; (e) all other ancillary matters for the carrying out of the provisions of sub-paragraphs (1) and (2) of this paragraph. 13[(5) On and from such date as the President may, 30[after consulting the Government of the State concerned], by notification appoint in this behalf, this paragraph shall have effect in relation to such autonomous district or region as may be specified in the notification, as if- (i) in sub-paragraph (1), for the words "between the parties all of whom belong to Scheduled Tribes within such areas, other than suits and cases to which the provisions of sub-paragraph (1) of paragraph 5 of this Schedule apply,", the....
X X X X Extracts X X X X
X X X X Extracts X X X X
....deems appropriate, and thereupon the said Council, Court or officer shall try the suits, cases or offences in exercise of the powers so conferred. (2) The Governor may withdraw or modify any of the powers conferred on a District Council, Regional Council, court or officer under sub-paragraph (1) of this paragraph. (3) Save as expressly provided in this paragraph, the Code of Civil Procedure, 1908, and the Code of Criminal Procedure, 56[1898], shall not apply to the trial of any suits, cases or offences in an autonomous district or in any autonomous region to which the provisions of this paragraph apply. 14[(4) On and from the date appointed by the President under sub-paragraph (5) of paragraph 4 in relation to any autonomous district or autonomous region, nothing contained in this paragraph shall, in its application to that district or region, be deemed to authorise the Governor to confer on the District Council or Regional Council or on courts constituted by the District Council any of the powers referred to in sub-paragraph (1) of this paragraph.] 15[6. Powers of the District Council to establish primary schools, etc - (1) The District Council for an autonomous district may ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....as under the authority of Regional Councils, if any, within the district, shall have the power to assess and collect revenue in respect of such lands in accordance with the principles for the time being followed 32[by the Government of the State in assessing lands for the purpose of land revenue in the State generally.] (2) The Regional Council for an autonomous region in respect of areas within such region and the District Council for an autonomous district in respect of all areas in the district except those which are under the authority of Regional Councils, if any, within the district, shall have power to levy and collect taxes on lands and buildings, and tolls on persons resident within such areas. (3) The District Council for an autonomous district shall have the power to levy and collect all or any of the following taxes within such district, that is to say- (a) taxes on professions, trades, callings and employments; (b) taxes on animals, vehicles and boats; (c) taxes on the entry of goods into a market for sale therein, and tolls on passengers and goods carried in ferries; 102[****] (d) taxes for the maintenance of schools, dispensaries or roads; 103[and] 104[(e....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ct shall carry on any trade, whether wholesale or retail, except under a licence issued in that behalf by the District Council. Provided that no regulations may be made under this paragraph unless they are passed by a majority of not less than three-fourths of the total membership of the District Council: Provided further that it shall not be competent under any such regulations to refuse the grant of a licence to a money-lender or a trader who has been carrying on business within the district since before the time of the making of such regulations. (3) All regulations made under this paragraph shall be submitted forthwith to the Governor and, until assented to by him, shall have no effect. 97[(4) Nothing in this paragraph shall apply to the Bodoland Territorial Council constituted under the proviso to sub-paragraph (3) of Paragraph 2 of this Schedule.] 11. Publication of laws, rules and regulations made under the Schedule - All laws, rules and regulations made under this Schedule by a District Council or a Regional Council shall be published forthwith in the Official Gazette of the State and shall on such publication have the force of law. 12. 35[Application of Acts of Parli....
X X X X Extracts X X X X
X X X X Extracts X X X X
....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 Aor an autonomous 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.] 77[12AA. Application of Acts of Parliament and of the Legislature of the State of Tripura to the autonomous district and autonomous regions in the State of Tripura - Notwithstanding anything in this Constitution,- (a) no Act of the Legislature of the State of Tripura in respect of any of the matters specified in paragraph 3 of this Schedule as matters with respect to which a District Council or a Regional Council may make laws, and no Act of the Legislature of the State of Tripura prohibiting or restricting the consumption of any non-distilled alcoholic liquor shall apply to the autonomous district or any autonomou....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... clause (a) of this sub-paragraph do not apply, shall not apply to an autonomous district or an autonomous region in that State, 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; (c) the President may, with respect to any Act of Parliament, by notification, direct that it shall not apply to an autonomous district or an autonomous region in the State 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.]] 13. Estimated receipts and expenditure pertaining to autonomous districts to be shown separately in the annual financial statement - The estimated receipts and expenditure pertaining to an autonomous district which are to be credited to, or is to be made from, the Consolidated Fund of the State 42[***] shall be first placed before the District Council for discussion and then after such discussion be shown separately in the annual financial statement of the State to be laid before the Legislature of the State ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....revoked 78[by him], continue in force for a period of twelve months from the date on which it was so made: Provided that if and so often as a resolution approving the continuance in force of such order is passed by the Legislature of the State, the order shall unless cancelled by the Governor continue in force for a further period of twelve months from the date on which under this paragraph it would otherwise have ceased to operate. 79[****] 16. Dissolution of a District or a Regional Council - 20[(1)] The Governor may on the recommendation of a Commission appointed under paragraph 14 of this Schedule by public notification order the dissolution of a District or a Regional Council, and- (a) direct that a fresh general election shall be held immediately for the reconstitution of the Council, or (b) 80[***] assume the administration of the area under the authority of such Council himself or place the administration of such area under the Commission appointed under the said paragraph or any other body considered suitable by him for a period not exceeding twelve months: Provided that when an order under clause (a) of this paragraph has been made, the Governor may take the acti....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ure of the State shall apply to any such area unless the Governor by public notification so directs; and the Governor in giving such a direction with respect to any Act may direct that the Act shall, in its application to the area or to any specified part thereof, have effect subject to such exceptions or modifications as he thinks fit; (b) the Governor may make regulations for the peace and good government of any such area and any regulations so made may repeal or amend any Act of Parliament or of the Legislature of the State or any existing law which is for the time being applicable to such area. (2) Any direction given by the Governor under clause (a) of sub-paragraph (1) of this paragraph may be given so as to have retrospective effect. (3) All regulations made under clause (b) of sub-paragraph (1) of this paragraph shall be submitted forthwith to the President and, until assented to by him, shall have no effect. 100[(4) As soon as possible after the commencement of this Act, an Interim Executive Council for Bodoland Territorial Areas District in Assam shall be formed by the Governor from amongst leaders of the Bodo movement, including the signatories to the Memorandum of ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....d and cease to exist. (2) The Administrator of the Union territory of Mizoram may, by one or more orders, provide for all or any of the following matters, namely:- (a) the transfer, in whole or in part, of the assets, rights and liabilities of the Mizo District Council (including the rights and liabilities under any contract made by it) to the Union or to any other authority; (b) the substitution of the Union or any other authority for the Mizo District Council, or the addition of the Union or any other authority, as a party to any legal proceedings to which the Mizo District Council is a party; (c) the transfer or re-employment of any employees of the Mizo District Council to or by the Union or any other authority, the terms and conditions of service applicable to such employees after such transfer or re-employment; (d) the continuance of any laws, made by the Mizo District Council and in force immediately before its dissolution, subject to such adaptations and modifications, whether by way of repeal or amendment, as the Administrator may make in this behalf, until such laws are altered, repealed or amended by a competent Legislature or other competent authority; (e) su....
X X X X Extracts X X X X
X X X X Extracts X X X X
....r of the Union territory of Mizoram. (4) The Administrator of the Union territory of Mizoram may, by one or more orders, provide for all or any of the following matters, namely:- (a) the transfer in whole or in part of the assets, rights and liabilities of the existing Regional Council (including the rights and liabilities under any contract made by it) to the corresponding new District Council; (b) the substitution of the corresponding new District Council for the existing Regional Council as a party to the legal proceedings to which the existing Regional Council is a party; (c) the transfer or re-employment of any employees of the existing Regional Council to or by the corresponding new District Council, the terms and conditions of service applicable to such employees after such transfer or re-employment; (d) the continuance of any laws made by the existing Regional Council and in force immediately before the prescribed date, subject to such adaptations and modifications, whether by way of repeal or amendment, as the Administrator may make in this behalf until such laws are altered, repealed or amended by a competent Legislature or other competent authority; (e) such i....
X X X X Extracts X X X X
X X X X Extracts X X X X
....onsultation with the Government of the State concerned had been omitted; (b) in sub-paragraph (2) of paragraph 6, for the words "to which the executive power of the State extends", the words "with respect to which the Legislative Assembly of the Union territory of Mizoram has power to make laws" had been substituted; (c) in paragraph 13, the words and figures "under article 202" had been omitted.]] 21. Amendment of the Schedule - (1) Parliament may from time to time by law amend by way of addition, variation or repeal any of the provisions of this Schedule and, when the Schedule is so amended, any reference to this Schedule in this Constitution shall be construed as a reference to such Schedule as so amended. (2) No such law as is mentioned in sub-paragraph (1) of this paragraph shall be deemed to be an amendment of this Constitution for the purposes of article 368. ***************** NOTES:- 1. Substituted vide Article 29 of the Constitution (7th Amendment) Act, 1956 dated 19-10-1956 w.e.f. 01-11-1956, before it was read as, "Part IX" 2. Substituted vide Article 29 of the Constitution (7th Amendment) Act, 1956 dated 19-10-1956 w.e....
X X X X Extracts X X X X
X X X X Extracts X X X X
....d 29-12-1969 w.e.f. 02-04-1970. 15. Substituted vide Section 74 and Fourth Schedule of the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969) dated 29-12-1969 w.e.f. 02-04-1970, before it was read as, "6. Powers of the District Council to establish primary schools, etc.- The District Council for an autonomous district may establish, construct, or manage primary schools, dispensaries, markets, cattle pounds, ferries, fisheries, roads and waterways in the district and, in particular, may prescribe the language and the manner in which primary education shall be imparted in the primary schools in the district." 16. Substituted vide Section 74 and Fourth Schedule of the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969) dated 29-12-1969 w.e.f. 02-04-1970, before it was read as, "(2) Subject to the approval of the Governor, rules may be made by the District Council and by the Regional Council for the management of the District Fund or, as the case may be, the Regional Fund, and the rules so made may prescribe the procedure to be followed in respect of payment of money into the said Fund, the withdrawal of moneys therefrom, th....
X X X X Extracts X X X X
X X X X Extracts X X X X
....;North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971) dated 30-12-1971, w.e.f. 21-01-1972, before it was read as, "of Assam" 30. Substituted vide Section 71 and Eighth Schedule of the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971) dated 30-12-1971, w.e.f. 21-01-1972, before it was read as, "after consulting the Government of Assam or, as the case may be, the Government of Meghalaya" 31. Omitted vide Section 71 and Eighth Schedule of the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971) dated 30-12-1971, w.e.f. 21-01-1972, before it was read as, "of Assam or Meghalaya, as the case may be," 32. Substituted vide Section 71 and Eighth Schedule of the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971) dated 30-12-1971, w.e.f. 21-01-1972, before it was read as, "by the Government of Assam in assessing lands for the purpose of land revenue in the State of Assam generally" 33. Substituted vide Section 71 and Eighth Schedule of the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971) dated 30-12-1971, w.e.f. 21-01-1972, before it was read as, "t....
X X X X Extracts X X X X
X X X X Extracts X X X X
....f the State of Assam with respect to any project declared by the Legislature of that State to be of State importance, then, the law made by the District Council or, as the case may be, the Regional Council, whether made before or after the law made by the Legislature of the State of Assam, shall, to the extent of the repugnancy, be void and the law made by the Legislature of the State of Assam shall prevail; (b) if any provision of a law made by a District or Regional Council in Meghalaya with respect to any of the matters specified in clause (b) or clause (c) or clause (f) of sub-paragraph (1) of Paragraph 3 of this Schedule is repugnant to any provision of a law made by the Legislature of Meghalaya with respect to that matter, then, the law made by the District Council or, as the case may be, the Regional Council, whether made before or after the law made by the Legislature of Meghalaya, shall, to the extent of repugnancy, be void and the law made by the Legislature of Meghalaya shall prevail. (2) If it appears to two or more District Councils or Regional Councils in Meghalaya to be desirable that any of the matters with respect to which they have power to make laws under Par....
X X X X Extracts X X X X
X X X X Extracts X X X X
....-1971, w.e.f. 21-01-1972, before it was read as, "18. Application of the provisions of this Schedule to areas specified in Part B of the table appended to Paragraph 20.- (1) The Governor may- (a) subject to the previous approval of the President, by public notification, apply all or any of the foregoing provisions of this Schedule to any tribal area specified in Part B of the table appended to Paragraph 20 of this Schedule or any part of such area and thereupon such area or part shall be administered in accordance with such provisions, and (b) with like approval, by public notification, exclude from the said table any tribal area specified in Part B of that table or any part of such area. (2) Until a notification is issued under sub-paragraph (1) of this paragraph in respect of any tribal area specified in Part B of the said table or any part of such area, the administration of such area or part thereof, as the case may be, shall be carried on by the President through the Governor of Assam as his agent and the provisions of 1[Article 240] shall apply thereto as if such area or part thereof were a 2[Union territory specified in that article]. (3) In ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ncerned 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." 51. Inserted vide Section 3 of the Mizoram District Councils (Miscellaneous Provisions) Order, 1972 dated 05-05-1972, w.e.f. 29-04-1972. 52. Substituted vide Government of Meghalaya Notification No. DCA 31/72/11, dated 14-06-1973, before it was read as, "United KhasiJaintia Hills Districts" 53. Substituted vide Government of Meghalaya Notification No. DCA 31/72/11, dated 14-06-1973, before it was read as, "1. The United Khasi Jaintia Hills District 2. The Jowai District." 54. See now the Code of Criminal Procedure, 1973 (Act 2 of 1974). 55. See now the C....
X X X X Extracts X X X X
X X X X Extracts X X X X
....0-02-1987. 72. Substituted vide Section 39 of the State of Mizoram Act, 1986 dated 14-08-1986 w.e.f. 20-02-1987, before it was read as, "Union territory" 73. Inserted vide Section 2 of the Sixth Schedule to the Constitution (Amendment) Act, 1988 (67 of 1988) dated 16-12-1988. 74. Omitted vide Section 2 of the Sixth Schedule to the Constitution (Amendment) Act, 1988 (67 of 1988) dated 16-12-1988, before it was read as, "by non-tribals" 75 Omitted vide Section 2 of the Sixth Schedule to the Constitution (Amendment) Act, 1988 (67 of 1988) dated 16-12-1988, before it was read as, "other than Scheduled Tribes" 76. Substituted vide Section 2 of the Sixth Schedule to the Constitution (Amendment) Act, 1988 (67 of 1988) dated 16-12-1988, before it was read as, "Prescribe that no person who is not a member of the Scheduled tribes resident in the district shall any on wholesale or retail business in any commodity except under a licence issued in that behalf by the District council." 77. Substituted vide Section 2 of the Sixth Schedule to the Constitution (Amendment) Act, 1988 (67 of 1988) dated 16-12....
X X X X Extracts X X X X
X X X X Extracts X X X X
....of Parliament, 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 any any such direction may be given so as to have retrospective effect.]" 78. Substituted vide Section 2 of the Sixth Schedule to the Constitution (Amendment) Act, 1988 (67 of 1988) dated 16-12-1988, before it was read as, "by the legislature of the State" 79. Omitted vide Section 2 of the Sixth Schedule to the Constitution (Amendment) Act, 1988 (67 of 1988) dated 16-12-1988, before it was read as, "Provided that if and so often as a resolution approving the continuance in force of such order is passed by the Legislature of the State, the order shall unless cancelled by the Governor continue in force for a further period of twelve months from the date on which under this paragraph it would otherwise have ceased to operate." 80. Omitted vide Section 2 of the Sixth Schedule to the Constitution (Amendment) Act, 1988 (67 of 1988) dated 16-12-1988, before it....