REGISTERED NO. D. 221
The Gazette of India
EXTRAORDINARY
PART II-Section 2
PUBLISHED BY AUTHORITY
No. 64] NEW DELHI, TUESDAY, DECEMBER 10,1969/Agrahayana 19,1890
Separate paging is given to this Part in order thatitmaybefiled
as a separate compilation
LOK SABHA
The following Bill was introduced in Lok Sabha on the 10th December, 1968.—
BILL NO 113 OF 1968
A Bill further to amend the Constitution of India
BE it enacted by Parliament in the Nineteenth Year of the Republic of India as follows—
1. This Act may be called the Constitution (Twenty-second Amendment) Act, 1968.
Short ttitle
(1573 )
1574 THE QAZETTE OF INDIA EXTRAORDINARY [PART II2. In Part X of the Constitution, after article 244, the following ln"cittoii of •ew attfcle article shall be inserted, namely: —
"244A. (1) Notwithstanding 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
Formation of
an autono-
mous Stat^
comprising
certain tri-
bal areas in
Astamand
creation of
local Legis-
lature or
Council of
Ministers or
both there-
for
(b) a Council of Ministers,
or both with such constitution, powers and functions, in each case, as may be specified in the law.
(2) Any such law as in 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 the State of Assam or otherwise;
(b) define the matters with respect to which the execu- tive power of the 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 a refer- ence to the autonomous State; and
(e) make such supplemental, incidental and consequen- tial provisions as may be deemed necessary. (3) An amendment of any such law as aforesaid in so far as such amendment relates to any of the matters specified In sub- clause (a) or sub-clause (b) of clause (2) shall have no effect unless the amendment is passed in each House of Parliament by not less than two-thirds of the members present and voting.
(4) Any such law as is referred to in this article shall not be deemed to be an amendment of this Constitution for the pur- poses of article 368 notwithstanding that it contains any provision which amends or has the effect of amending this Constitution.".
Sac. U THE GAZETTE OF INDIA EXTRAORDINARY 15753. In article 275 of the Constitution, after clause (1), the following
clause shall be inserted, namely: —
Amendment
>f article
"75-
"(,1A) On and from the formation of the autonomous State
under article 244A,—
(i) any sums payable under clause (a) of the second
proviso to clause (1) shall, If the autonomous State comprises
all the tribal areas referred to therein, be paid to the auto-
nomous State, and, if the autonomous State comprises only
some of those tribal areas, be apportioned between the State
of Assam and the autonomous State as the President may, by
order, specify;
(u) there shall be paid out of the Consolidated Fund of
India as grauts-in-aid of the revenues of the autonomous State
sums, capital and recurring, equivalent to the costs of such
schemes of development as may be undertaken by the auto-
nomous 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 01
Assam'1.
4. After article 371A of the Constitution, the following article shall be inserted, namely: —
insertion of
lew articlo
171B.
Special
srovision
vith respect
o the State
jf AtMtn.
''371B. Notwithstanding anything 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 6f 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 for the modifications to be made in the rules of procedure of that Assembly.".
1576 t HE GAZlEtTfi OF INDIA EXTRAORDINARY IPAHT I]STATEMENT OF OBJECTS AND REASONS
On the 11th September, 1968, the Government of India announced the broad details of the scheme for constituting within the State of Assam an autonomous State comprising certain areas specified in Part A of 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 and 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.
N EW DELHI;
Y. B. CHAVAN
The 12th November, 4 9 ".
PRESIDENT'S RECOMMENDATION UNDER ARTICLE 117 OF
THE CONSTITUTION OF INDIA
[Copy of letter No. 24/15/68-SR, dated the 4th December, 1968 from Shri Y. B. Chavan, Minister of Home 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.
SEC. 2] THE G/ifETTF OF INDIA EXTRAORDINARY ^ 77FINANCIAL 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 tirst 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. 61-35 lakhs has been made in the Central Budget for this purpose 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, if 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 of development that may be approved from time to time.
3 The Bill, if passed into law, will not involve any non-recurring expenditure.
1578 THE GAZETTE OF INDIA EXTRAORDINARY [PART IIMEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 4 of the Bill inserts a new article 37 IB 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 common interest to the State of Assam as a whole, i.e., other than subjects which are exclusively assigned to the autonomous State. This may involve modification of the rules of procedure of the Assem- bly by the President. As these are matters of procedure and detail, the delegation of legislative power is of a normal character.
S. L. SHAKDHER,