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REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 21] NEW DELHI, THURSDAY, APRIL 10, 1969/CHAITRA 20, 1891

Separate paging is given to this Part in order that it may be filed

as a separate compilation

LOK SABHA

The following Bill was introduced in Lok Sabha on the 10th April

1969: —

Bill No. 34 of 1969 A Bill further to amend the Constitution of India.

BE it enacted by Parliament in the Twentieth Year of the

Republic of India as follows:—

Short title 1. This Act may be called the Constitution (Twenty-second

Amendment) Act, 1969.

2. In Part X of the Constitution, after article 244, the following

article shall be inserted, namely:—

Insertion of new article 244A.

"244A. (1) Not withstanding anything in this Constitution, Parliament may, by law, form within the State of Assam an autonomous State comprising (whether wholly or in part) all or any of the tribal areas specified in Part A of the table appended to paragraph 20 of the Sixth Schedule and create therefor

(a) a body, whether elected or partly nominated and partly elected, to function as a Legislature for the auto- nomous State, or

(b) a Council of Ministers,

or both with such constitution, powers and functions, in each case, as may be specified in the law.

Formation of an auto- nomous State com- prising certain tribal areas in Assam and creation of local Legis- lature or

Council of Minis-

ters or both there- for

(403)

(2) Any such law as is referred to in clause (1) may, in

particular,—

(a) specify the matters enumerated in the State List or the Concurrent List with respect to which the Legislature of the autonomous State shall have power to make laws for the whole or any part thereof, whether to the exclusion of the Legislature of Ihe State of Assam or otherwise;

(b) define the matters with respect to which tiie execu-

tive power of tho autonomous State shall extend;

(c) provide that any tax levied by the State of Assam shall be assigned to the autonomous State in so far as the proceeds thereof are attributable to the autonomous State;

(d) provide that any reference to a State in any article of this Constitution shall be construed as including ;i refer- ence to the autonomous State; and

(c) make such supplemental, incidental and consequen-

fial provision.-, as may be deemed necessary.

(3) An amendment of any iuch law as aforesaid in .so far os

such amendment relates to any of the matters specified in sub- dause (n) or sub-clause (h) of clause (2) shall have no effect unless the amendmejit is passed in each House of Parliament by not less than two^hUdy of l.h

(4) Any such law as is refeiTed to In this article shall not be deemed to be an amendment of this Constitution for the pur- poses of article 308 notwithstanding that it contains any provision which amends or has tho effect of amending this Constitution."

3. In article 275 of the Constitution, after clause (1), the following

clause shall be Inserted, namely: —

Amvati. oaent ol article i?P.

"(1A) OM and firoin the formation of ihe. autonomous State

under article 244A,—-

(-() any sums payable under clause (a) of the second proviso to clause (1) shall, if the autonomous State com- prises all the tribal areas referred io therein, be paid to the autonomous State, and, if the autonomous State comprises only some of those tribal areas, be apportioned between the

(ii) there shnll be paid out of the Consolidated Fund of India as grants-In-aid of the revenues of the autonomous Slate sums, capital and recurring:, equivalent to the costs of such schemes of development as may be undertaken by the autonomous State with the approval of the Government of India for the purpose of raising the level of administration of that State to that of the administration of the rest of the State of Assam.".

4. After article 371A of the Constitution, the following article

shall be inserted, namely:—

Insertion of new article 37TB.

Special provision with respect to the State of Assam.

"371B. Notwithstanding ,'jnything in this Constitution, the President may, by order made with respect to the State of Assam, provide for the constitution and functions of a committee of the Legislative Assembly of the State consisting of members of that Assembly elected from, the tribal areas specified in Part A of the table appended to paragraph 20 of the Sixth Schedule and such number of other members of that Assembly as may be specified in the order and fur the modifications to be made in the rules of procedure of that Assembly for the constitution and proper functioning of such committee,".

STATEMENT OF OBJECTS AND REASONS

On the 11th September, 1968, the Government of India announced the broad details of the scheme lor constituting within the State of Assam an autonomous State comprising certain areas specified in Part A ol the table appended to paragraph 20 of the Sixth Schedule to the Constitution. Clause 2 of the Bill seeks to insert a new article 244A in the Constitution to confer the necessary legislative power on Parliament to enact a law for constituting the autonomous State ana also to provide the autonomous State with a Legislature and a Council of Ministers with such powers and functions as may be defined by that law.

Clause 3 of the Bill makes a consequential amendment to article 275 in regard to certain special grants payable to the State of Assam in respect of the areas which may form part of the autonomous State.

Clause 4 of the Bill provides for the constitution of a committee of the Assam Legislative Assembly consisting of members of that Assembly from the tribal areas aforesaid and a few other members of that Assembly, as envisaged in the scheme.

Y. B. CHAVAN.

NEW DELHI;

The 2nd April, 1&69.

PRESIDENT'S RECOMMENDATION UNDER ARTICLE 117 OF THE CONSTITUTION OF INDIA

[Copy of letter No. l|16[60-SR, dated the 5th April, 1969 from Shri Y. B. Chavan, Minister of Homo Affairs to the Secretary, Lok Sabha.]

The President having been informed of the subject matter of the Bill further to amend the Constitution of India, recommends, under clauses (1) and (3) of article 117 of the Constitution, the introduc- tion and consideration of the said Bill in the Lok Sabha.

FINANCIAL MEMORANDUM

Under clause (a) of the second proviso to article 275 (1) of the Constitution, a sum of Rs. 40 lakhs is being paid annually to the State of Assam by way of grant-in-aid. Grants-in-aid to that State under the first proviso and clause (b) of the second proviso to that article are determined from year to year on the basis of schemes of development approved by the Central Government having regard to the Plan priorities. For the current year, a consolidated provision of Rs. 67 lakhs has been made in the Central Budget for this pur- pose in respect of Part A tribal areas.

2. Clause 3 of the Bill which seeks to allocate the grant under clause (a) aforesaid to the autonomous State either wholly or in part and for the payment of grants to that State in respect of approved schemes of development, il enacted and brought into force, will entail expenditure from the Consolidated Fund of India but to the extent of such grants there will be a corresponding reduction in the sums payable to the State of Assam. It is not possible to estimate the precise quantum of the grants which will have to be given to the autonomous State as this would depend on the areas which will ultimately form part of the autonomous State and the schemes oC development that may be approved from time to time.

3. The Bill, if passed into law, will not involve any non-recurring

expenditure.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 4 of the Bill inserts a new article 371B making a special provision with respect to the State of Assam. That article will enable the President to provide for the constitution and functions of a committee of the Legislative Assembly of Assam, consisting of members of that Assembly elected from Part A tribal areas and a specified number of other members of that Assembly. The intention is that the committee should consider Bills (excluding money Bills) introduced in the Assembly in respect of subjects which are of com- mon interest to the State of Assam as a whole, i.e., other than sub- jects which are exclusively assigned to the autonomous State. This may involve modification of the rules of procedure of the Assembly by the President. As these are matters of procedure and detail, the delegation of legislative power is of a normal character.

S. L. SHAKDHER,

Secretary.

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