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REGISTERED No.D.221

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 61] NEW DELHI, MONDAY, DECEMBER 15, 1969/AGRAHAYANA 24, 1891

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

as a separate compilation.

LOK SABHA

The following Bills were introduced in Lok Sabha on the 15th De-

cember, 1969: —

BILL NO. 114 OF 1969

A Bill to provide for the formation within the State of Assam of an

autonomous State to be known as Maghalaya and for mutters con-

nected therewith.

BE it enacted by Parliament in the Twentieth Year of the Republic

of India as follows: —

PART I

PRELIMINARY

1. (i) This Act may be called the Assam Reorganisation (Megha-

laya) Act, 1969.

(2) It shall come into force on such date as the Central Govern-

ment may, by notification in the Official Gazette, appoint:

title and com- mence- ment.

Provided that different dates may be appointed for different provi-

sions of this Act.

2. In this Act, unless the context otherwise requires,—

Defini- tions.

(a) "appointed day" means such date as the Central Government may, by notification in the Official Gazette, appoint for the forma- tion of the autonomous State;

(1055)

(b) "article" means an article of the Constitution;

(c) "autonomous State" means the autonomous State of Megha- laya formed under section 3;

(d) "constituency" means a territorial constituency provided by order made under section 12 for the purpose of election to the Legislative Assembly;

(e) "Election Commission" means the Election Commission appointed by the President under article 324;

(f) "Governor" means the Governor of Assam exercising his functions as Governor in relation to Meghalaya by virtue of this Act; (g) "law" includes any enactment, Ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument, having imme- diately before the appointed day, the force of law in the whole or in any part of the autonomous State;

(h) "Legislative Assembly" means the Legislative Assembly of Meghalaya;

(i) "Meghalaya" means the autonomous State referred to in section 3;

(j) "member" means a member of the Legislative Assembly;

(k) "Official Gazette" means the Official Gazette of Meghalaya or the Gazette of India; and

(I) "prescribed" means prescribed by rules made under this Act.

PART II

FORMATION OF THE AUTONOMOUS STATE OF MEGHALAYA

Forma- tion of Megha- laya.

3. (1) On and from the appointed day, there shall be formed within the State of Assam an autonomous State to be known as Meghalaya which shall, subject to the provisions of sub-section (2), comprise the fol- lowing tribal areas, namely:—

(i) The United Khasi-Jaintia Hills District as described in sub- paragraph (2) of paragraph 20 of the Sixth Schedule to the Consti- tution (exclusive of the proviso thereto) but excluding the areas transferred to the Mikir Hills autonomous district by the notification of the Government of Assam No. TAD/R/31/50/149 dated the 13th April, 1951, and

(ii) the Garo Hills District specified in Part A of the table ap- pended to paragraph 20 aforesaid.

(2) If, before such date as the Central Government may, by notifica- tion in the Official Gazette, fix for the purpose not being a date later than the appointed day, the District Council for the autonomous district of the North Cachar Hills or the Mikir Hills or both, as the case may be, has or have by resolution passed by a majority of not less than two thirds of the members thereof, expressed a desire that the said autono- mous district or districts shall form part of Meghalaya, the President may, by order, make a declaration to that effect and accordingly, on and from the appointed day, the North Cachar Hills District or thej Mikir Hills District or both, as the case may be, shall also form part of Meghalaya.

4. (1) The executive power of Meghalaya shall be vested in the Governor and shall be exercised by him either directly or through officers subordinate to him in accordance with this Act.

(2) Nothing in this section shall—

Execu- tive power of Megha- laya.

(a) be deemed to transfer to the Governor any functions con-

ferred by any existing law on any other authority; or

(b) prevent Parliament or the Legislature of the State of Assam or Meghalaya from conferring by law functions on any authority subordinate to the Governor.

5. (1) Subject to the provisions of this Act, the executive power of Meghalaya shall extend to the matters with respect to which the Legisla- ture of Meghalaya has power to make laws:

Extent of exe- cutive power of Megha- laya, Provided that in any matter with respect to which the Legislature of Meghalaya, the Legislature of the State of Assam and Parliament have power to make laws, the executive power of Meghalaya shall be subject to, and limited by, the executive power expressly conferred by this Act or by any law made by Parliament upon the Union or the State of Assam or the authorities thereof or, as the case may be, by the Legislature of the State of Assam upon the State of Assam or authorities thereof,

(2) On and from the appointed day, the executive power of the State of Assam shall not extend, in relation to Meghalaya, to the matters with respect to which the Legislature of Meghalaya has exclusive power to make laws under this Act.

(3) For the removal of doubts, it is hereby declared that, save as otherwise provided in this Act, the executive power of the State of Assam shall, in relation to Meghalaya, continue to extend to the matters with respect to which the Legislature of Meghalaya has no power to make laws.

6. (1) There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his func- tions in relation to Meghalaya.

Coun- cil of Minis- ters.

(2) The question whether any, and if so, what, advice was tendered

by Ministers to the Governor shall not be inquired into in any court.

7. (1) The Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office during the pleasure of the Governor.

Other provi- sions as to ; Minis- ters, (2) The Council of Ministers shall be collectively responsible to the

Legislative Assembly.

(3) Before a Minister enters upon his office, the Governor shall ad- minister to him the oaths of office and of secrecy according to the form set out for this purpose in the First Schedule.

(4) A Minister who for any period of six consecutive months is not a member of the Legislative Assembly shall at the expiration of that period cease to be a Minister.

(5) The salaries and allowances of Ministers shall be such as the Legislature of Meghalaya may from time to time by law determine and, until the Legislature so determines, shall be determined by the Gover- nor,

8. (1) The Governor may, if he thinks fit to do so, appoint a person who is qualified to be appointed a Judge of a High Court to be Advocate- General for Meghalaya.

Advo- cate- Gene- ral for Megha- laya.

(2) It shall be the duty of the Advocate-General to give advice to the Government of Meghalaya upon such legal matters, and to perform such other duties of a legal character as may, from time to time, be referred or assigned to him by the Governor, and to discharge the functions con- ferred on him by or under this Act or any other law for the time being in force.

(3) The Advocate-General shall hold office during the pleasure of the Governor, and shall receive such remuneration as the Governor may determine.

9. (1) All executive action of the Government of Meghalaya shall be

expressed to be taken in the name of the Governor.

Con- duct of busi- ness.

(2) Orders and other instruments made and executed in the name of the Governor shall be authenticated in such manner as may be specified In rules to be made by the Governor, and the validity of an order or ins- trument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the Governor.

(3) The Governor shall miake rules for the more convenient transac- tion of-ithe business of the Government of Meghalaya and for the alloca- tion among Ministers of the said business.

10. It shall be the duty of the Chief Minister of Meghalaya—

(a) to communicate! to the Governor all decisions of the Council of Ministers relating to the administration of the affairs of Megha- laya and proposals for legislation;

(b) to furnish such Information relating to the administration

of the affairs of Meghalaya and proposals for legislation as the Gover- nor may call for; and

Duties of Chief Minis- ter as res- pects the fur- nishing of infor, mation to Gov- ernor, etc.

(c) if the Governor so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council.

PART III

THE LEGISLATURE

General

11. (I) There shall be a Legislature for Meghalaya which shall consist

of the Governor and the Legislative Assembly.

Consti- tution of the Legis- lature of Megha- laya.

(2) The total number of seats in the Legislative Assembly to be filled by persons chosen by direct election from constituencies in Meghalaya shall be fixed by the Cetntral Government by notification in the Official Gazette after consultation with the Election Commission, but shall not be less than thirty-five or more than fifty-five.

(3) The Governor may, If he is of opinion that any minority commu- nities in Meghalaya need representation in the Legislative Assembly and ara not adequately represented therein, nominate not more than three members of such communities, not being persons in the service of the Government, to the Legislative Assembly.

Delimi- tation of cons- tituen- cies.

12. (1) The Election Commission shall, in the manner herein provided, distribute the total number of seats in the Legislative Assembly as fixed under sub-section (2) of section 11 to single member constituencies and delimit them on the basis of the latest census figures having regard to the following provisions, namely: —

(a) all constituencies shall, as far as practicable, consist of geographically compact areas, and in delimiting them, regard shall be had to the physical features, existing boundaries of administra- tive units, facilities of communication and public convenience;

(6) every constituency shall be so delimited as to fall orJy with- in an Assembly constituency of the Legislative Assembly of the State of Assam;

(c) the population of each constituency shall, as far as practi- cable:, be the same throughout Meghalaya.

(2) For the purpose of assisting the Election Commission in the per- formance of its functions under this section, the Commission shall asso- ciate with itself such number of associate members not exceeding five, as the Governor may nominate to represent Meghalaya:

Provided that none of the associate members shall have a right to vote or to sign any decision of the Election Commission.

(3) If owing to death or resignation, the office of an associate mem- ber falls vacant, it shall be filled as soon as may be practicable by the Governor hi accordance with the provisions of sub-section (2).

(4) The Election Commission shall—

(a) publish its proposals for the delimitation of constituencies, to- gether with the dissenting proposals, if any, of any associate member who desires publication thereof, in the Official Gazette and in such other manner as the Commission may consider fit, together with a notice inviting objections and suggestions in relation to the proposals and specifying a date on or after which the proposals will be furthor considered by it;

(b) consider all objections and suggestions which may have been received by it before the date so specified, and for the purpose of such consideration hold one or more public sittings at such place or places as it may think fit;

(c) after considering all objections and suggestions which may have been received by it before the date so specified, determine by one or more orders the delimitation of constituencies and cause such order or orders to be published in the Official Gazette; and upon such publication, the order or orders shall have the full force of law and shall not be called in question In any court.

(5) As soon as may be after such publication, every such order shall be laid before the Legislative Assembly.

(6) Upon the completion of each census, the total number of seats in the Legislative Assembly and the division of Meghalaya into terri- torial constituencies shall be readjusted by such authority and in such manner as Parliament may by law determine:

Provided that such readjustment shall not affect representation in the Legislative Assembly until the dissolution of the then existing Assembly.

Explanation.—In this section, "latest census figures" means the census figures with respect to Meghalaya ascertainable from the latest census oE which the finally published figures are available.

13. (1) The Election Commission may, from time to time, by notifica-

tion in the Official Gazette,—

(a) correct any printing mistake in any order made under sec- tion 12 or any error arising therein from inadvertent slip or omis- sion;

Power of Elec- tion Commis- sion to main- tain de- limitation orders up-to- date.

(b) where the boundaries or name of any territorial division mentioned in any such order are or is altered, make such amendments as appear to it to be necessary or expedient for bringing such order up-to-date.

(2) Every notification under this section shall be laid, as soon as may

be after It is issued, before the Legislative Assembly.

14. (1) The persons entitled to vote at an election of members shall be the persons entitled by virtue of the provisions of the Constitution and ' the Representation of the People Act, 1950 to be registered as voters at

Electors and elec- toral rolls.

elections to the House of the People.

43 of 1950.

(2) The electoral roll for every constituency shall consist of so much of the electoral roll for an Assembly constituency of the Legislative Assembly of the State of Assam as relates to the areas comprised within each such constituency and it shall not be necessary to prepare or revise separately the electoral roll for any such constituency.

Eight to vote.

15. Every person, whose name is for the time being entered in the electoral roll for a constituency, shall be entitled to vote at the election of a member from that constituency.

16. A person shall not be qualified to be chosen to fill a seat in the

Legislative Assembly unless he—

Qualifi- cation for member- ship.

(a) is a citizen of India and makes and subscribes betfore some person authorised in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the First Schedule;

(b) is not less than twenty-five years of age; and

(c) is an elector in any constituency in Meghalaya.

43 of 1951.

Elec- tion to the Le- gislative Assem- bly.

17. The provisions of Part I, Chapters III and IV of Part II and Parts III to XI of the Representation of the People Act, 1951, and of any rules and orders made thereunder for the time being in force, shall apply to and in relation to the elections to the Legislative Assembly of Meghalaya as they apply to and in relation to an election to¹ the Legislative Assembly of a State, subject to such Modifications as the President may, after con- sultation with the Election Commission, by order, direct.

18. The Legislative Assembly, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer, and the expiration of the said period of five years shall operate as a dis- solution of the Legislative Assembly:

Duration of Le- gislative Assem- bly.

Provided that the said period may, while a Proclamation of Emergency issued under clause (1) of article 352 is in operation, be extended by Parliament by law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclam^* tion has ceased to operate.

Sific. 2] THE GAZETTE *OF INDiA E&TBAOBfrltiABV- io6l

19. (I) The Governor shall, from time to time, summon the Legisla- tive Assembly to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session.

(2) The Governor may, from time to time,—

(a) prorogue the Legislative Assembly;

- Sea- c sions of 3 Legis- lative Assem- bly, pro- rogation and dis- solution.

(b) dissolve the Legislative Assembly.

20. (I) The Governor may address the Legislative Assembly and may ' Bight

for that purpose require the attendance of members.

(2) The Governor may send messages to the Legislative Assembly, whether with respect to a Bill then pending in the Legislative Assembly or otherwise and when a message is so sent, the Legislative Assembly shall with all convenient despatch consider any matter required by the message to be taken into consideration.

of Gov- ernor to add- ress and send mes- sages to Le- gislative Assem- bly.

Special t address 't by the ¹ Gover- 21. (1) At the commencement of the first session after each general election to the Legislative Assembly and at the commencement of the first session of each year, the Governor shall address the Legislative Assembly and inform the Assembly of the causes of its summons.

nor.

(2) Provision shall be made by the rules regulating the procedure of

the Legislative Assembly for the allotment of time for discussion of the matters referred to in such address.

22. Every Minister and the Advocate-General for Meghalaya shall have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Assembly, and to speak in, and otherwise to take part in the proceedings of, any committee of the Legislative Assembly of which he may be named a member, but shall not, by virtue of this sec- tion, be entitled to vote.

1 Bights 3 of Mln- l isters p as res- pects Legis- lative Assem- bly.

Ojflicers of the Legislative Assembly

23. (1) The Legislative Assembly shall, as soon as may be, choose two members of the Assembly to be respectively Speaker and Deputy Speaker thereof, and, so often as the office of Speaker or Deputy Speaker becomes vacant, the Assembly shall choose another member to be Speaker or Deputy Speaker, as the case may be.

(2) A member holding office as Speaker or Deputy Speaker of the

Speaker and Deputy Speaker of Legis- lative Assem- bly.

Legislative Assembly—

(a) shall vacate his office if he ceases to be a member of the

Assembly;

(b) may at any time by writing under his hand addressed, if such member is the Speaker; to the Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office; and

(c) may be removed from his office by a resolution of the Legis- lative Assembly passed by a majority of all the then members oi the Assembly:

Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days' notice has been given of the inten- tion to move the resolution:

Provided further that whenever the Legislative Assembly is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the Assembly after the dissolution.

(3) While the office of Speaker is vacant, the duties of the office shall be performed by the Deputy Speaker or, if the office of Deputy Speaker is also vacant, by such member of the Legislative Assembly as the Governor may appoint for the purpose.

(4) During the absence of the Speaker from any sitting of the Legis- lative Assembly, the Deputy Speaker or, if he is also absent, such person as may be determined by the rules of procedure of the Legislative Assembly, or, if no such person is present, such other person as may be determined by the Legislative Assembly, shall act as Speaker.

(5) There shall be paid to the Speaker and the Deputy Speaker ox the Legislative Assembly such salaries and allowances as may be res- pectively fixed by the Legislature of Meghalaya by law and, until pro- vision in that behalf is so made, such salaries and allowances as the Governor may, by order, determine.

24. (1) At any sitting of the Legislative Assembly, while any resolu- tion for the removal of the Speaker from his office is under consideration, the Speaker, or, while any resolution for the removal of the Deputy Speaker from his office is under consideration, the Deputy Speaker, shall not, though he is present, preside, and the provisions of sub-section (4) of section 23 shall apply in relation to every such sitting as they apply in relation to a sitting from which the Speaker or, as the case may be, the Deputy Speaker is absent.

Speaker and Deputy Speaker not to preside while *H reso-. lution for hia removal from office is under consi- deration.

(2) The Speaker shall have the right to speak in, and otherwise to take part in. the proceedings of, the Legislative Assembly while any resolution for his removal from office is under consideration in the Legis- lative Assembly and shall, notwithstanding anything in section 27, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes.

25. (1) The Legislative Assembly shall have a separate secretarial

. staff.

Secre- tariat of Legis- lative Assem- bly.

(2) The Legislature of Meghalaya may by law regulate the recruit- ment, and the conditions of service of persons appointed, to the sec- retarial staff of the Legislative Assembly.

(.?) Until provision is made by the Legislature of Meghalaya under sub-section (2), the Governor may, after consultation with the Speaker of the Legislative Assembly, make rules regulating the recruitment, and the conditions of service of persons appointed, to the secretarial staff cf the Legislative Assembly, and any rrales so made shall have effect Eub- ject to the provisions of any law made under the said Bab-section.

Conduct of business

26. Every member of the Legislative Assembly shall, before taking his seat, make and subscribe before the Governor, or some person ap- pointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the First Schedule.

Oath or affirma- tion by mem- bers.

27. (2) Save as otherwise provided in this Act, all questions at any sitting of the Legislative Assembly shall be determined by a majority of votes of the members present and voting other than the Speaker or person acting as such.

(2) The Speaker or person acting as such shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes.

Voting in Assem- bly, pow- er of Assem- bly to act not- withstand- ing vacancies and quorum.

(3) The Legislative Assembly shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in the Legislative Assembly shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled so to do sat or voted or otherwise took part in the proceedings.

(4) Until the Legislature of Meghalaya by law otherwise provides, tlae quorum to constitute a meeting of the Legislative Assembly shall be ten members.

(5) If at any time during a meeting of the Legislative Assembly there is no quorum, it shall be the duty of the Speaker or person acting as such either to adjourn the Assembly or suspend the* meeting until there is a quorum.

Disqualifications of members

Vaca- tion of seats.

28. (I) No person shall be a member of Parliament or of the Legis- lative! Assembly of the State of Assam and also of the Legislative Assembly of Meghalaya, and if a person is chosen a member of Parlia- ment or of the Legislative Assembly of Assam and also of the Legislative Assembly of Meghalaya, then, at the expiration of such period, as may be specified in rules made by the President, that person's seat in Parlia- ment or, as the case may be, in the Legislative Assembly of Assam shall become vacant unless he has previously resigned his seat in the Legis- lative Assembly of Meghalaya.

(2) If a member of the Legislative Assembly—

(a) becomes subject to any of the disqualifications mentioned

in section 20, or

(b) resigns his seat by writing under his hand addressed to the

Speaker,

his seat shall thereupon become vacant.

(3) If for a period of sixty days a member of the Legislative Assemb- ly is, without permission of the Legislative Assembly, absent from all meetings thereof, the Assembly may declare his seat vacant:

Provided that in computing the said period of sixty days no account shall be taken of any period during which the Legislative Assembly is prorogued or is adjourned for more than four consecutive days.

29. (2) A person shall be disqualified for being chosen as, and for

being, a member of the Legislative Assembly,—

Disquali- fications lor member- ship.

(a) if he holds any office of profit under the Government of India or the Government of any State or the Government of Meghalaya other than an office declared by the Legislature of Meghalaya by law not to disqualify its holder;

(b) if he is of unsound mind and stands so declared by a com-

petent court;

(c) if he is an undischarged insolvent;

(d) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State or is under any acknowledgment of allegiance or adherence to a foreign State;

43 of; 1951, (e) if he is so disqualified by or under any of the provisions of Chapter III of Part II of the Representation of the People Act, 1951, as applied to and in relation to the Legislative Assembly by section 17.

(2) For the purposes of this section, a person shall not be deemed to hold an office of profit under the Government of India or the Govern- ment of any State or the Government of Meghalaya by reason only, that he is a Minister either for the Union or for such State or for Meghalaya.

(3) If any question arises as to whether a member has become dis- qualified for being such a member under the provisions of sub-section (1), the question shall be referred for the! decision of the Governor and his decision shall be final.

(4) Before giving any decision on any such question, the Governor shall obtain the opinion of the Election Commission and shall act accord- ing to such opinion.

30. If a person sits or votes as a member of the Legislative Assembly before he has complied with the requirements of section 26, or when he knows that he is not qualified or that he is disqualified for membership thereof, or that he is prohibited from so doing by the provisions of any law made by Parliament or the Legislature of Meghalaya, he shall be liable in respect of each day on which he so sits or votes, to a penalty of five hundred rupees to be recovered as a debt due to Meghalaya.

Penalty for sitt- ing and voting before making an oath or affir- mation or when not quali- fied or when disqua- lified,

31. (1) Subject to the provisions of this Act and to the rules and.

Powers, privileges, etc., of members.

standing orders regulating the procedure of the Legislature of Meghalaya, there shall be freedom of speech in the Legislative Assembly of Meghalaya.

(2) No member of the Legislative Assembly of Meghalaya shall be liable to any proceedings in any court in respect of anything said or any

vote given by him in the Assembly or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of the Assembly of any report, paper, votes or proceedings.

(3) In other respects, the powers, privileges and immunities of the Legislative Assembly and of the members and the committees thereof shall be such as may from time to time be defined by the Legislature of Meghalaya by law, and until so defined, shall be those for the time being enjoyed by the House of the People and its members and committees,

(4) The provisions of sub-sections (1), (2) and (3) shall apply In relation to persons who by virtue of this Act have the right to speak in, or otherwise to take part in the proceedings of, the Legislative As- sembly or any committee thereof as they apply in relation to members of that Assembly.

Salaries and allowan- ces of members.

32. Members of the Legislative Assembly shall be entitled to receive such salaries and allowances as may from time to time be determined by the Legislature of Meghalaya by law and, until provision in that respect is so made, such salaries and allowances as the Governor may, by order, determine.

Legislative poivers and procedure

. Extent

of Legis-

, lative

Power.

33. (1) Subject to the provisions of this Act, the Legislature of Megha- laya has exclusive power to make laws for Meghalaya or any part there- of with respect to any of the matters enumerated in Part A or Part B of the Second Schedule:

Provided that the exclusive power of the Legislature of Meghalaya to make laws in so far as it relates to that part of the area comprised within the municipality of Shillong as immediately before the commence- ment of the Constitution formed part of the Khasi State of Mylliem, shall extend only to matters with respect to which the District Council having authority in that area has power to make laws (in whatever form it may be) immediately before the appointed day in exercise of any of the powers conferred by the Sixth Schedule to the Constitution.

(2) Subject to the provisions of this Act, the Legislature of Meghalaya and the Legislature of the State of Assam also shall have power to make laws for Meghalaya or any part thereof with respect to any of the mat- ters enumerated in Part C of the Second Schedule:

Provided that the power of the Legislature of Meghalaya to make any such law shall not extend to the area comprised within the municipality of Shillong which immediately before the commencement of the Consti- tution formed part of the Khasi State of Mylliem.

(3) For the removal of doubts it is hereby declared that nothing In sub-section (1) or sub-section (2) shall derogate from the powers confer- red by the Constitution—

(a) on Parliament to make laws for the whole or any part of the State of Assam, including Meghalaya, with respect to any of the matters enumerated in the Second Schedule; or

(b) on the Legislature of the State of Assam to make laws for the whole or any part of Assam, including Meghalaya, with respect to any of the matters enumerated In List II or List III in the Seventh Schedule to the Constitution, except in so far as any of the matters aforesaid falls within sub-section (1).

34. (1) The property of the Union shall, save in so far as Parliament may, by law, otherwise provide, be exempt from all taxes imposed by Meghalaya or by any authority within Meghalaya.

(2) Nothing in sub-section (1) shall, until Parliament by law otherwise provides, prevent any authority within Meghalaya from levying any tax on any property of the Union to which such property was immediately before the commencement of this Act liable or treated as liable so long as that tax continues to be levied in Meghalaya.

Exemp- tion from taxation of pro- perties of the Union and the State of Assam and of certain vehicles regis- tered in Assam or Megha- laya.

(3) The property of the State of Assam shall, so long as the property of Meghalaya in the rest of Assam is exempt from taxes imposed by the Government of Assam or by any authority within the State of Assam, be exempt from all taxes imposed by Meghalaya or by any authority within Meghalaya.

(4) No vehicle registered at any place in the State of Assam, not being a place in Meghalaya, and transiting through Meghalaya shall be liable to any tax under any law enacted by the Legislature of Meghalaya so long as any vehicle registered at any place in Meghalaya and transiting through the territory of Assam (not comprised In Meghalaya) Is exempt from payment of any tax under any law enacted by the Legislature of the State of Assam.

35. (1) If any provision of a law made by the Legislature of Megha- laya Is repugnant to any provision of a law made by Parliament which Parliament is competent to enact, or to any provision of any existing law with respect to one of the matters enumerated in the Concurrent List in the Seventh Schedule to the Constitution, then, subject to the provi- sions of sub-section (2), the law made by Parliament, whether passed before or after the law made by the Legislature of Meghalaya, or, as the case may be, the existing law, shall prevail and the law made by the Le- gislature af Meghalaya shall, to the extent of the repugnancy, be void.

Inconsis- tency bet- ween laws made by Parlia- ment and laws made by the Legis- lature of Megha- laya.

(2) Where a law made by the Legislature of Meghalaya with respect to one of the matters enumerated in the Concurrent List in the Seventh Schedule to the Constitution, which the Legislature of Meghalaya is com- petent to enact under this Act contains any provision repugnant to the provisions of an earlier law made by Parliament or an existing law with respect to that matter, then, the law so made by the Legislature of Me- ghalaya shall, if it has been reserved for the consideration of the Presi- dent and has received his assent, prevail in Meghalaya:

Provided that nothing in this sub-section shall prevent Parliament from enacting at any time any law with respect to the same matter, including a law adding to, amending, varying or repealing the law so made by the Legislature of Meghalaya.

36. Where a law made by the Legislature of Meghalaya with respect to one of the matters enumerated in Part C of the Second Schedule con- tains any provision repugnant to the provision of an earlier law made by the Legislature of the State of Assam which that Legislature is competent to enact, or to any provision of any existing law with respect to that mat- ter, then, the law so made by the Legislature of Meghalaya shall, to the extent of the repugnancy, be void unless the law has received assent under section 39 after the Governor has obtained the advice of the Chief Minister of Assam:

Inconsis-

tency

between

laws

made by

the Legis-

lature of

the State

of Assam

and laws

made by

the

Legisla-

ture

of Me"h"-

laya.

Provided that nothing contained in this section shall prevent the Legis- lature of the State of Assam from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the Legislature of Meghalaya.

Explanation L—In this section and in sections 35 and 59, "existing law" means any law, Ordinance, order, bye-law, rule or regulation passed or made before the appointed day by any Legislature, authority or person having power to make such a law, Ordinance, order, bye-law, rule or regu- lation.

Explanation 2.—In this section and in sections 39 and 50, the refer- ence to the advice of the Chief Minister of Assam shall, while a Proclama- tion issued in relation to the State of Assam under clause (1) of article 356 of the Constitution is in operation, be construed as a reference to the instructions from the President.

37. (1) A Bill or amendment shall not be introduced into, or moved in, the Legislative Assembly except on the recommendation of the Gov- ernor if such Bill or amendment makes provisions dealing with any of the following matters, namely: —

Special

provi-

sions

as to

finan-

cial

Billa.

(a) the imposition, abolition, remission, alteration or regulation of any tax;

(b) the regulation of the borrowing of money or the giving of any guarantee by Meghalaya, or the amendment of the law with res- pect to any financial obligations undertaken or to be undertaken by Meghalaya;

(c) the custody of the Consolidated Fund or the Contingency Fund of Meghalaya, the payment of moneys into, or withdrawal of moneys from, any such Fund;

(d) the appropriation of moneys out of the Consolidated Fund of Meghalaya;

(e) the declaring of any expenditure to be expenditure charged on the Consolidated Fund of Meghalaya, or the increasing of the amount of any such expenditure;

(f) the receipt of money on account of the Consolidated Fund of Meghalaya or the public account of Meghalaya or the custody or issue of such money:

Provided that no recommendation shall be required under this sub- section for the moving of an amendment making provision for the re- duction or abolition of any tax.

(2) A Bill or amendment shall not be deemed to make provision for any of the matters specified in sub-section (1) by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, al- teration or regulation of any tax by any local authority or body for local purposes.

(3) A Bill, which, if enacted and brought into operation, would In- volve expenditure from the Consolidated Fund of Meghalaya, shall not be passed by the Legislative Assembly unless the Governor has recom- mended to the Assembly the consideration of the Bill.

38. A Bill pending in the Legislative Assembly shall not lapse by reason of the prorogation of the Assembly, but shall lapse on a dissolu- tion thereof.

Pro- cedure as to lapsing of Bills.

Assent to Bills.

39. When a Bill has been passed by the Legislative Assembly, it shall be presented to the Governor and the Governor shall declare either that he assents to the Bill or that he withholds assent therefrom or that he reserves the Bill for the consideration of the President:

Provided that the Governor may, as soon as possible after the presen- tation to him of the Bill for assent, return the Bill if it is not a Money Bill together with a message requesting that the Legislative Assembly will reconsider the Bill or any specified provisions thereof and, in parti- cular, will consider the desirability of Introducing any such amendments as he may recommend in his message and, when a Bill is so returned, the Legislative Assembly shall reconsider the Bill accordingly, and if the Bill is passed 'again by the Assembly with or without amendment and presented to the Governor for assent, the Governor shall not—

(a) give assent in the case of a Bill containing provisions of the nature referred to in section 36 except after obtaining the advice of the Chief Minister of Assam;

(b) withhold assent in the case of any other Bill.

Explanation.—For the purposes of this section and section 40, a Bill shall be deemed to be a Money Bill if it contains only provisions dealing with all or any of the matters specified in sub-section (1) of section 37 or any matter incidental to any of those matters and there is endorsed thereon the certificate of the Speaker of the Legislative Assembly signed by him that it Is a Money Bill:

Provided that a Bill shall not be deemed to be a Money Bill by reason only that it provides for the imposition of fines or other pecuniary penal- ties, or for the demand or payment of fees for licences or fees for ser- vices rendered or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.

40. When a Bill is reserved by the Governor for the consideration of the President, the President shall declare either that he assents to the Bill or f>iat he withholds assent therefrom:

liills reserved for con- sideration.

Provided that where the Bill is not a Money Bill, the President may direct the Governor to return the Bill to the Legislative Assembly to- gether with such a message as- is referred to in section 39, and when a Bill is so returned, the Legislative Assembly shall reconsider it accord- ingly within a period of six months from the date of receipt of such mes- sage, and if it is again passed by the Legislative Assembly with or with- out amendment, it. shall be presented again to the President for his consideration.

41. No Act of the Legislature of Meghalaya and no provision in any such Act shall be invalid by reason only that some recommendation or ' previous sanction required by the Constitution or this Act was not given, if assent to that Act was given—

(a) where the recommendation required was that of the Gover- nor, either by the Governor or by the President;

(b) where the recommendation or previous sanction required :

was that of the President, by the President.

Procedure in financial matters

Require- ments as to sanction and re- commen- dation to be regard- ed as matters of proce- dure only,

42. (1) The Governor shall in respect of every financial year cause to be laid before the Legislative Assembly a statement of the estimated receipts and expenditure of Meghalaya for that year, hereinafter refer- red to as "the annual financial statement".

Annual Finan- cial State- ment.

(2) The estimates of expenditure embodied in the annual finan- cial statement shall show separately—

(a) the sums required to meet expenditure described by this Act as expenditure charged upon the Consolidated Fund of Megha- laya; and

(b) the sums required to meet other expenditure proposed to be made from the Consolidated Fund of Meghalaya,

and shall distinguish expenditure on revenue account from other expenditure.

(3) The following expenditure shall be expenditure charged upon the Consolidated Fund erf Meghalaya—

(a) the salaries and allowances of the Speaker and the Deputy Speaker of the Legislative Assembly;

(b) debt charges for which the autonomous State is liable in- cluding interest, sinking fund charges and redemption charges, and other expenditure relating to the raising of loans and the service and redemption of debt;

(c) any sums required to satisfy any judgment, decree or award of any court or arbitral tribunal; and

(d) any other expenditure declared by the Constitution or by the Legislature of Meghalaya to be so charged.

43. (1) So much of the estimates as relates to expenditure charged upon the Consolidated Fund of Meghalaya shall not be submitted to the vote of the Legislative Assembly, but nothing in this sub-section shall

Proce-

dure in

Legis-

lative

Assem-

bly

with

respect

to esti-

mates.

be construed as preventing the discussion in the Legislative Assembly of any of those estimates.

(2) So much of the said estimates as relates to other expenditure shall be submitted in the form of demands for grants to the Legislative Assembly, and the Legislative Assembly shall have power to assent, or to refuse to assent, to any demand, or to assent to any demand subject to a reduction of the amount specified therein.

(3) No demand for a grant shall be made except on the recommen-

dation of the Governor.

Appro- priation Billa.

44. (1) As soon as may be after the grants under section 43 have been made by the Legislative Assembly, there shall be introduced a Bill to provide for the appropriation out of the Consolidated Fund of Megha- laya of all moneys required to meet—

(o) the grants so made by the Legislative Assembly; and

(b) the expenditure charged on the Consolidated Fund of

Meghalaya,

but not exceeding in any case the amount shown in the statement pre- viously laid before the Assembly.

(2) No amendment shall be proposed to any such Bill in the Legisla- tive Assembly which will have the effect of varying the amount or alter- ing the destination of any grant so made or of varying the amount of any expenditure charged on the Consolidated Fund of Meghalaya, and the decision of the person presiding as to whether an amendment is inadmis- sible under this sub-section shall be final.

(3) Subject to' the provisions of sections 45' and 46, no money shall be withdrawn from the Consolidated Fund of Meghalaya except under appropriation made by law passed in accordance with the provisions of this section.

45. (1) The Governor shall —

Supple- mentary, addi- tional or excess grant*

(a) if the amount authorised by any law made in accordance with the provisions of section 44 to be expended for a particular service for the current financial year is found to be insufficient for the purposes of that year or when a need has arisen during the cur- rent financial year for supplementary or additional expenditure upon some new service not contemplated in the annual financial statement for that year, or

(b) if any money has been spent on any service during a finan- cial year in excess of the amount granted for that service and for that year,

cause to be laid before the Legislative Assembly another statement show- ing the estimated amount of that expenditure or cause to be presented to the Legislative Assembly a demand for such excess, as the case may be.

(2) The provisions of sections 42, 43 and 44 shall have effect in rela-

tion to any such statement and expenditure or demand and also to any law to be made authorising the appropriation of moneys out of the Consolidated Fund of Meghalaya to meet such expenditure or the grant

in respect of such demand as they have effect in relation to the annual financial statement and the expenditure mentioned therein or to a demand for a grant and the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of Meghalaya to meet such expenditure or grant.

, Votes 46. (1) Notwithstanding anything in the foregoing provisions of

this Part, the Legislative Assembly shall have power—

on Accoun

[ and

excep- tional ' grant.

(a) to make any grant in advance in respect of the estimated expenditure for a part of any financial year pending the completion o'f the procedure prescribed in section 43 for the voting of such grant and the passing of the law in accordance with the provisions of sec- tion 44 in relation to that expenditure;

(b) to make a grant for meeting an unexpected demand upon the resources of the autonomous State when on account of the magni- tude or the indefinite character of the service the demand cannot be stated with the details ordinarily given in an annual financial state- ment;

(c) to make an exceptional grant which forms no part of the

current service of any financial year;

and the Legislature of Meghalaya shall have power to authorise by law the withdrawal of moneys from the Consolidated Fund of Meghalaya for the purpose for which the said grants are made.

(2) The provisions of sections 43 and 44 shall have effect in relation to the making of any grant under sub-section (1) and to any law to be made under that sub-section, as they have effect in relation to the making of a grant with regard to any expenditure mentioned in the annual finan- cial statement and the law to be made for the authorisation of appropria- tion of moneys out of the Consolidated Fund of Meghalaya to meet such expenditure.

Procedure generally

Rules ol proce- dure, 47. (1) The Legislative Assembly may make rules for regulating, sub- ject to the provisions of this Act, its procedure and the conduct of its business including the language or languages to be used in the Legislative Assembly.

(2) Until rules are made under sub-section (1), the rules of procedure and standing orders with respect to the Legislative Assembly of the State of Assam in force immediately before the commencement of thig Act shall have effect in relation to the Legislative Assembly subject to such modifications and adaptations as may be made therein by the Governor.

48. No discussion shall take place in the Legislative Assembly with respect to the conduct of any Judge of the Supreme Court, or of a High Court, in the discharge of his duties.

Restric- tions on discussion in the Legislative Assembly.

49. (1) The validity of any proceedings in the Legislative Assembly shall not be called in question on the ground of any alleged irregularity of procedure.

(2) No officer or member of the Legislative Assembly in whom powers

Courts not to enquire into the proceed- ings of Legisla- tive Assembly, are vested by or under this Act for regulating procedure or the conduct of business or for maintaining order, in the Legislative Assembly shall

be subject to the jurisdiction of any court in respect of the exercise by him of those powers.

Legislative power of the Governor

50. (1) If at any time, except when the Legislative Assembly is in . session, the Governor is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances aa the circumstances appear to him to require:

Provided that the Governor shall not without instructions from the President, promulgate any such Ordinance, If—

Power of Governor to promu: gate Ordi- nances during recess of Legis- lative Assembly

(a) a Bill containing the same provisions would under the Cons- titution or this Act have required the previous sanction of the Presi- dent for the Introduction thereof into the Legislative Assembly at Meghalaya; or

(b) he would have deemed it necessary to reserve a Bill con- taining the same provisions for the consideration of the President; or

(c) an Act of the Legislature of Meghalaya containing the same provisions would under this Act have been Invalid unless, having been reserved for the consideration of the President, it had received the assent of the President:

Provided further that the Governor shall not, except on the advice off the Chief Minister of Assam, promulgate any such Ordinance if with respect to a Bill containing the same provisions he would have deemedi it necessary under this Act to obtain the advice of the Chief Minister be- fore assenting thereto.

(2) An Ordinance promulgated under this section shall have the same force and effect as an Act of the Legislative Assembly assented to by the Governor, but every such Ordinance—

(a) shall be laid before the Legislative Assembly and shall cease to operate at the expiration of six weeks from the reassembly of the Legislative Assembly or if before the expiration of that period a resolution disapproving it is passed by the Legislative Assembly, upon the passing of the resolution; and

(b) may be withdrawn at any time by the Governor.

(3) If and so far as an Ordinance under this section makes any pro- vision which would not be valid if enacted in an Act of the. Legislature of Meghalaya assented to by the Governor, It shall be void:

Provided that—

(a) for the purposes of section 35 relating to the effect of an Act of the Legislature of Meghalaya which is repugnant to an Act of Parliament or an existing law with respect to a matter enumerated in the Concurrent List in the Seventh Schedule to the Constitution, an Ordinance promulgated under this section in pursuance of instruc- tions from the President shall be deemed to be an Act of the Legisla- ture which has been reserved for the consideration of the President "nd assented to by him;

SK.'. 2] THE3 GAZtettE OF INDIA' EXTRAORDINAfl^' 1073"

(b) for the purposes of section 36 relating to the effect of an Act of the Legislature of Meghalaya which is repugnant to an Act of the¹ Legislature of the State of Assam or an existing law with respect to a matter enumerated in Part C of the Second Schedule, an Ordinance promulgated under this section on the advice of the Chief Minister of Assam shall be deemed to be an Act of the Legislature which has been assented to on the advice of the Chief Minister.

PART IV

FINANCIAL PROVISIONS

' Consoli- r dated y Fund.

51. (1) Subject to the provisions of section 52, all revenue received by the Government of Meghalaya, all loans raised by that Government by the issue of treasury bills, loans or ways and means advances and all moneys received by that Government in repayment of loans shall form one consolidated fund to be entitled "the Consolidated Fund of Meghalaya"

(2) All other public moneys received by or on behalf of the Govern- ment of Meghalaya shall be credited to the public account of Meghalaya.

(3) No moneys out of the Consolidated Fund of Meghalaya shall be appropriated except in accordance with law and for the purposes and in the manner provided in this Act.

Contin- gency- Fund.

52. The Legislature of Meghalaya may, by law, establish a Contingency Fund in the nature of an imprest to be entitled "the Contingency Fund of Meghalaya" into which shall be paid from time to time such sums as may be determined by such law, and the said Fund shall be placed at the disposal of the Governor to enable advances to be made by him out of such Fund for the purposes of meeting unforeseen expenditure pend- ing authorisation of such expenditure by the Legislature of Meghalaya by law under section 45 or section 46.

53. All moneys received by or deposited with—

(a) any officer employed in connection with the affairs of Meghalaya in his capacity as such, other than revenues or public moneys raised or received by the Government of Meghalaya, or

(b) any court within Meghalaya to the credit of any cause,

matter, account or persons,

shall be paid Into the public account of Meghalaya.

Custody of sui- tors' deposit* and other moneys received by pub- lic ser- vants (and courts.

54. The custody of the Consolidated Fund and the Contingency Fund of Meghalaya, the payment of moneys into such Funds, the withdrawal of moneys therefrom, the custody of public moneys other than those credited to such Funds received by or on behalf of the Government of Meghalaya, their payment into the public account of Meghalaya and the withdrawal of moneys from such account and all other matters connected with or ancillary to matters aforesaid shall be regulated by law made by the Legislature of Meghalaya, and, until provision in that behalf is so made, shall be regulated by rules made by the Governor.

Custody, etc., of Consoli- dated Fund, Contin- gency Fund and moneys credit- ed to the pub- lie account*.

Certain taxes levied by Assam to be appro- priated by Megha- laya.

55. (1) Notwithstanding anything contained in this Act, any tax on the consumption or sale oi electricity relatable to entry 53 in the State List in the Seventh Schedule to the Constitution, and any tax on the sale or purchase of goods relatable to entry 54 in the said List levied by the Government of Assam shall be collected within Meghalaya but not in- cluding any area comprised within the municipality of Shillong by the Government of Meghalaya, and the proceeds in any financial year of any such tax leviable within Meghalaya shall not form part of the Consolidat- ed Fund of Assam, but shall form part of the Consolidated Fund of Meghalaya.

(2) Where a tax relatable to entry 54 in the State List aforesaid levied by the Government of Assam is collected by that Government at the first point of sale or purchase of goods, such portion of the tax so collected as may be agreed upon by the Governments of Assam and Meghalaya or in default of such agreement, as the Central Government may determine, shall be payable to Meghalaya.

{3) The laws with respect to the taxes referred to in sub-section (1) shall have effect subject to such exceptions and modifications as the Cen- tral Government, may, by order, specify for the purpose of giving effect to the provision of that sub-section.

Distri- bution of reve- nues.

3 of 1982.

50 of 1957

9 of 1962

56. (!) The grants-in-aid under clause (1) of article 275 and the share of the taxes on income, the distributable Union duties of excise, the addi- tional duties of excise on goods of special importance and estate duty payable to the State of Assam under the Constitution (Distribution of Revenues) Order, 1969, the Union Duties of Excise (Distribution) Act, 1962, the Additional Duties of Excise (Goods of Special Importance) Act, 1957 and the Estate Duty (Distribution) Act, 1962, shall be construed, as from the appointed day, as payable to the State of Assam and the auto- nomous State of Meghalaya in such proportion as the President may, by order, determine.

(2) Every order made by the President under sub-section (1) shall be

laid before Parliament as soon as may be after it is made.

57. The Governor may, at any time before the appointed day, authorise such expenditure from the Consolidated Fund of Meghalaya as he deems necessary for a period of not more than six months beginning with the appointed day pending the sanction of that expenditure by the Legisla- tive Assembly:

Authori- sation of expendi- ture pending its sanc- tion by Legisla- tive Assembly

Provided that the Governor may, after the appointed day, authorise such further expenditure as he deems necessary from the Consolidated f- Fund of Meghalaya for any period not extending beyond the said period

of six months.

PART V

ASSETS AND LIABILITIES

58. The assets and liabilities of the State of Assam immediately before

the appointed day shall be apportioned between that State and Meghalaya In accordance with the provisions contained in the Third Schedule.

Appor- tion- ment of assets and liabili- ties.

PART VI

ADMINISTRATIVE RELATIONS

59. The executive power of Meghalaya shall be so exercised as to Obliga- tion of Megha- laya, the State of Assam and the Union.

ensure compliance with the laws made by Parliament, the Legislature of the State of Assam and any existing laws which apply in Meghalaya, and the executive power of the Union and of the State of Assam shall extend to the giving of such directions to Meghalaya as may appear to the Government of India or the Government of Assam, as the case may be, to be necessary for that purpose.

Control over the autono- mous State In certain cases.

•0. The executive power of Meghalaya shall be so exercised as not to impede or prejudice the exercise of the executive power of the Union or the Government of Assam, as the case may be, and the execu- tive power of the Union and the State of Assam shall extend to the giving of such directions to Meghalaya as may appear to the Govern- ment of India or the Government of Assam, as the case may be, to be necessary for that purpose.

61. Notwithstanding anything in this Act,—

Entrust- ment of func- tions.

(a) the Government of Assam may, with the consent of the Government of Meghalaya, entrust either conditionally or uncondi- tionally to that Government or to its officers functions in relation to any matter to which the executive power of the State of Assam extends:

(b) the Government of Meghalaya may, with the consent of the Government of Assam, entrust either conditionally or uncondi- tionally to that Government or to its officers functions In relation to any matter to which the executive power of Meghalaya extends.

PART VII

TRANSITIONAL PROVISIONS

Provi- sions an to Provl. sional Legisla- tive Assem- bly.

62. (1) Until the Legislative Assembly of Meghalaya has been duly constituted and summoned to meet for the first session under the provi- sions of Part III, there shall be a Provisional Legislative Assembly which shall consist of not less than thirty-five and not more than fifty-five per- sons as the Central Government may, after consultation with the Election Commission, by order, determine, and such persons shall be elected in the manner specified in sub-section (2).

(2) Subject to the provisions of sub-section (I), the members of the Provisional Legislative Assembly shall be elected in the following manner, namely:—

(a) there shall be an electoral college for each autonomous district within Meghalaya which shall consist of the elected mem- bers of the District Council thereof, and each electoral college shall

elect such number of persons to the Provisional Legislative Assem bly as the President may, after consultation with the Election Com mission, by order, determine;

(b) the election of members to the Provisional Legislative Assembly shall be in accordance with the system of proportiona representation by means of the single transferable vote and shal be subject to such rules as the Central Gpvernment may, aftei consultation with the Election Commission, make in this behalf,

O) The Central Government may nominate to the Provisional Legisla tive Assembly not more than three persons3 not being persons in the ser- vice of the Government, to represent any minority communities in Meghr Iaya which, in its opinion, need representation in the Assembly.

(4) No person shall be qualified to be chosen as a member of tht Provisional Legislative Assembly unless he is a person whose name it for the time being entered in the electoral roll for so much of anj constituency of the Legislative Assembly of Assam as is comprisec within Meghalaya and is not less than twenty-five years of age.

(5) If owing to death, resignation or otherwise, the office of a mem- ber of the Provisional Legislative Assembly falls vacant, it may be til- led up as soon as practicable under and in accordance with the foregoing provisions of this section.

(6) The term of office of the members of the Provisional Legislative Assembly shall expire immediately before the first meeting of the. Legis- lative Assembly duly constituted under this Act.

(7) The election by the electoral college under this section shall nol be called in question on the ground merely of the existence of a vacancj in the membership of any District Council forming part of the electoral college.

(8) The Provisional Legislative Assembly constituted under this section shall, for so long it is in existence, be deemed to be the Legis- lative Assembly duly constituted under this Act, and accordingly the provisions of Part III shall, so far as may be, apply in relation to the Provisional Legislative Assembly as they apply in relation to the Legislative Assembly.

PART VIII

MISCELLANEOUS PROVISIONS

special commit- tee for develop- ment of BhUlong.

63. The Central Government may, in consultation with the Govern- ments of Assam and Meghalaya, by order, constitute a committee con- sisting of such number of persons as it may think fit for advising the two Governments on matters of common interest with respect to Shillong in the field of education and water supply in particular, and with respect to its development and administration in general.

Explanation.—In this section, Shillong shall mean the areas com- prised within the cantonment and municipality of Shillong and include such other areas adjoining the said cantonment or municipality as may be agreed upon by the Governments of Assam and Meghalaya in this behalf.

Provi- sions as to conti- nuance of courts.

64. All courts and tribunals and all authorities discharging lawful functions throughout Meghalaya or any part thereof immediately before the appointed day shall, unless their continuance is inconsistent with the provisions of this Act or until other provision is made by a competent authority, continue to exercise their respective functions.

Provi- sions relating to ser- vices.

65. (I) Every person who being a member of an All-India Service is for the time being borne on the Assam State Cadre of that Service or is otherwise serving in connection with the affairs of the State of Assam as a member of class I service of that State may be required by the Government of that State to serve in connection with the affairs of Meghalaya for such period or periods as the Government of Assam may, by order, direct:

Provided that no such order shall be made—

(a) before the appointed day, except with the approval of the Central Government; and

(b) on or after the appointed day, except after consulting the Government of Meghalaya.

(2) Subject to any general or special order which the Central Gov- ernment may make in this behalf, the control over any such person as is referred to in sub-section (1) shall, for so long as he is required to serve in connection with the affairs of Meghalaya, be vested in the Government of Meghalaya.

(3) Such persons serving in connection with the affairs of the State of Assam immediately before the appointed day, not being a person referred to in sub-section (1), as may be determined by agreement bet- ween the Government of Assam and the Government of Meghalaya or in default of agreement, by the Central Government, may, notwithstand- ing anything in the terms of their appointments or their conditions of service, be required to serve in connection with the affairs of the auto* nomous State.

(4) All previous service rendered by a person referred to In sub- section (3) in connection with the affairs of the State of Assam shall be deemed to have been rendered in connection with the affairs of the autonomous State for the purposes of the rules regulating his conditions of service.

(S) Nothing in sub-sections (3) and (4) shall be deemed to affect the power of the Legislature of Meghalaya or the Governor to determine the conditions of service of persons serving in connection with the affairs of Meghalaya:

Provided that the conditions of service applicable immediately before the appointed day to any person referred to in sub-section (3) shall not be varied to his disadvantage except with the previous approval of the Government of Assam.

fJ6. (1) All laws in force immediately before the appointed day in the autonomous State shall continue to be in force therein until altered, repealed or amended by a competent legislature or other competent authority.

Conti- nuance of existing laws and their adapta- tions.

(2) For the purpose of facilitating the application in relation to the autonomous State of any law made before the appointed day, the appro- priate Government may, within two years from that day, by order, make such adaptations or modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient and thereupon every s'ich law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent legislature <:r other competent authority.

Explanation.—In this section, the expression "appropriate Govern- ment" means as respects any law relating to R matter enumerated in the Union List in the Seventh Schedule to the Constitution, the Central Government, as respects any law relating to a matter in the Second Schedule, the Government of Meghalaya, and, as respects any other law, the Government of Assam.

B7. Subject to the other provisions contained in this Act, reference to T si-nip (bv whatever form of words) in anv of the following articles of the Constitution shall be construed as including a reference to the auto- nomous State, namely:—

Autono- mous State to be a State for certain purposes of the Consti- tution.

Articles 12 to 15 (inclusive), 16 (except clause (3) thereof], 18, 19, 23, 25, 28 to 31 (inclusive), 31A, 34 to 51 (inclusive), 58, 59, 66, 73, 102, 110(1) (f), 131, 138, 149, 150, 151, 161, 209, 210, 233, 234, 235, 237, 251, 252, 256 to 258A (inclusive), 261, 262, 263, 268, 269, 270, 272, 274 to 280 (inclusive), 282, 288, 289, 293, 296, 298 to 305 (inclusive), 308 to 311 (inclusive), 320, 323(2), 324 to 329 (inclusive), 339 to 342 (inclusive), 345 to 348 (inclusive), 350, 350A, 350B, 353, 355 to 358 (inclusive), 360, 361, 364 to 367 (inclusive).

Explanation.—Reference in any of the articles above specified to the High Court or to the State Public Service Commission shall be cons- trued as reference to the High Court of Assam or the Public Service Commission of the State of Assam, as the case may be.

j Power of 3 Govern- ments ¹ of Assam l and : Megha- . layato 68. (2) The executive power which the Government of Assam may exercise under article 298 in Meghalaya for the carrying on of any trade or business and for the acquisition, holding and disposal of property and the making of contracts for any purpose shall, in so far as such trade or business or such purpose is not one with respect to which the Legislature of the State of Assam may make laws, be subject to legisla- tion by the Legislature of Meghalaya.

carry on trade, • etc., in

Megha-

i laya.

(2) The executive power which the Government of Meghalaya may exercise under article 298 in Meghalaya for the carrying on of any trade or business and for the acquisition, holding and disposal of property and the making of contracts for any purpose shall, in so far as such trade or business or such purpose is not one with respect to which the Legis- lature of Meghalaya may make laws, be subject also to legislation by the Legislature of the State of Assam.

69. Where a Proclamation is issued under article 356 in respect of Meghalaya, the President may, by the same Proclamation or a subsequent Proclamation varying it, suspend also, in whole or in part, the operation of any of the provisions of this Act.

Power to suspend provi- sions of this Act in case offal- lure of constitu- tional machi- nery.

70. Without prejudice to the provisions of sections 66 and 71 the Central Government may, after consulting the Government of Assam, by notification in the Official Gazette, declare that any reference to a "State" in a Central Act specified in the notification shall, in its appli- cation to Meghalaya, be construed as a reference to the whole or any part of Meghalaya and any reference to "State Government" in a Central Act specified in the notification shall in its application to Meghalaya be construed as a reference to the Central Government.

Construc- tion of referen- ces to "State" and "State Govern- ment" in other laws in relation to Megha- laya.

Power to construe laws.

71. Notwithstanding that no provision or insufficient provision has been made under section 66 for the adaptation of a law made before the ap- pointed day, any court, tribunal or authority required or empowered to enforce such law may, for the purpose of facilitating its application in relation to the autonomous State, construe the law in such manner not affecting the substance as may be necessary or proper in regard to the matter before the court, tribunal or authority, as the case may be.

72. The provisions of this Act shall have effect notwithstanding any-

thing Inconsistent therewith contained in any other law.

Effect of pro- visions of Act Incon- sistent with other taws.

Power to remove difficul- ties.

73. (1) If any difficulty arises in giving effect to the provisions of this Act, the President may, by order, do anything not inconsistent with such provisions which appears to him to be necessary or expedient for the pur- pose of removing the difficulty.

(2) Every order made under this section shall be laid before

both Houses of Parliament as soon as may be after it is made.

74 The Sixth Schedule in the Constitution shall stand amended as

specified in the Fourth Schedule.

Amend- ment of the Sixth Schedule.

75. In section 21A of the Reserve Bank of India Act, 1934, in sub- 2 of 1934.

section (7), after the words "any State", the brackets and words "(in- cluding the autonomous State of Meghalaya)" shall be inserted.

Amend- ment ol Act 2 o* 1934.

76. In section 16 of the States Reorganisation Act, 1956, in sub-section

37 of IBM.

11), for clause (d), the following clause shall be substituted, namely: —

Amend- ment of Act 37 of 1096.

"(d) in the case of the Eastern Zone,—

(i) the Chief Minister and another Minister of the autono- mous State of Meghalaya to be nominated by the Governor of Assam and if there is no Council of Ministers therein, not more than two members from the autonomous State of Meghalaya to be nominated by the President; and

(li) the person for the time being holding the office of the

Adviser to the Governor of Assam for Tribal areas.".

77. (1) The Central Government may, by notification in the Official

Gazette, make rules to give effect to the provisions of this Act.

Power to make rules.

(2) Every rule made under this section shall be laid as soon as may be after it is made, before each House of Parliament, while it is In ses- sion for a total period of thirty days which may be comprised in one session or in two successive sessions, and, if before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without preju- dice to the validity of anything previously done under that rule,

THE FIRST SCHEDULE

(See sections 7, 16 and 26)

FORMS OF OATHS OR AFFIRMATIONS

I

Form of oath or affirmation to be made by a candidate for election to the Legislative Assembly: —

"I, A.B., having been nominated as a candidate to nil a seat In the

do swear in the name of God

Legislative Assembly of Meghalaya - s o l e m n ly a f f l rm that

I will bear true faith and allegiance to the Constitution of India as by law established and that I will uphold the sovereignty and integrity of India."

n

Form of oath or affirmation to be made by a member of the Legislative Assembly: —

"I, A.B., having been elected (or nominated) a member of the Legis-

do swear in the name of God

lative Assembly of Meghalaya s o l e m n ly a f f l rm that I will

bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India and that I will faithfully discharge the duty upon which I am about to enter." m

Form of oath at office for a member of the Council of Ministers: —

swear in the name of God

"I, A.B., do i , ~ that I will bear true faith and ' ' solemnly afflrm

allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will faithfully and conscientiously discharge my duties as a Minister for Meghalaya, and that I will do right to all manner of people in accordance with the Con- stitution and the law without fear or favour, affection or ill-will."

IV

Form of oath of secrecy for a member of the Council of Ministers: —

swear in the name of God ,, , T M1 . .. ,, .

"I. A B do

"iat I will not directly or In '' solemnly affirm

directly communicate or reveal to any person or persons any matter which shall be brought under my consideration or shall become known to me as a Minister for Meghalaya except as may be required for the due discharge of my duties as such Minister."

THE SECOND SCHEDULE

(See sections 33 and 36)

AUTONOMOUS STATE LIST

[See section 33(1)]

Matters with respect to which the Legislative Assembly has exclusive power to make laws.

PART A

The following matters enumerated or to the extent included in List II—State List*.

1. Village and town police within the meaning of clause (f) of sub- paragraph (1) of paragraph 3 of the Sixth Schedule to the Constitution (Entry 2).

2. Administration of justice; constitution and organisation of all courts, except the Supreme Court and the High Court; procedure in rent and revenue courts; fees taken In all courts except the Supreme Court *nd the High Court (Entry 3).

3. Prisons, reformatories, Borstal institutions and other institutions of a like nature, and persons detained therein; arrangements with the State of Assam and other States for the use of prisons and other Institu- tions (Entry 4).

4. Local government, that is to say, the constitution and powers of municipal corporations, improvement trusts, district boards, mining set- tlement authorities and other local authorities for the purpose of local self-government or village administration (Entry 5).

5. Public health and sanitation; hospitals and dispensaries (Entry 6).

6. Pilgrimages, other than pilgrimages to places outside India (Entry 7).

7. Intoxicating liquors, that is to nay, the production, manufacture, possession, transport, purchase and sale of intoxicating liquors (Entry 8).

8. Relief of the disabled and unemployable (Entry 9).

9. Burials and burial grounds; cremations and cremation grounds (Entry 10).

10. Education Including universities, subject to the provisions of entries 63, 64, 65 and 66 of List I and Entry 25 of List III (Entry 11).

•NOTE.—References in this Schedule to List I, List II or List III or to entries therein are references to the said List or entries therein in the Seventh Schedule to the- Constitution; and references in brackets at the end of each entry are reference to the corresponding entries in List II or List HI in the said Schedule W"d have been inserted for the sake of convenience only

11. Libraries, museums and other similar institutions controlled or fin- anced by the autonomous State; ancient and historical monuments and records other than those declared by or under law made by Parliament to be of national importance (Entry 12).

12. Communications, that is to say, roads, bridges, ferries and other means of communication not specified in List I, but excluding roads, bridges and ferries declared by the Legislature of Assam by law to be State highways; municipal tramways; ropeways; inland waterways and traffic thereon subject to the provisions of List I and List III with regard to such waterways; vehicles other than mechanically propelled vehicles (Entry 13).

13. Agriculture, including agricultural education and research, pro- tection against pests and prevention of plant diseases subject to the provi- sions of entry I of Part C (Entry 14).

14. Preservation, protection and improvement of stock and prevention of animal diseases; veterinary training and practice (Entry 15).

15. Pounds and the prevention of cattle trespass (Entry 16).

16. Water, that is to say, water supplies, irrigation and canals, drain- age and embankments, water storage and water power, subject to the provisions of entry 56 of List I, but excluding water-supplies, irrigation and canals, drainage and embankments, water storage and water power in relation to irrigation, hydro-electric and navigation projects financed by the Government of Assam wholly or m part and declared by the Legislature of the State of Assam by law to be projects of State import- ance (Entry 17).

17. Land, that is to say, rights in or over land, land tenures including the relation of landlord and tenant, and the collection of rents; transfer and alienation of agricultural land; land improvement and agricultural loans, colonization (Entry 18).

18. Forests, subject to the provisions of entry 2 of Part C (Entry 19).

19. Protection of wild animals and birds (Entry 20).

20. Fisheries (Entry 21).

21. Courts of wards subject to the provisions of entry 34 of List 1;

encumbered and attached estates (Entry 22).

22. Regulation of mines and mineral development subject to the provi- sions of List I with respect to regulation and development under the con- trol of the Union (Entry 23).

23. Gas and gas-works (Entry 25).

24. Trade and commerce within the autonomous State subject to the provisions of entry 33 of List III (Entry 26).

25. Markets and fairs (Entry 28).

26. Weights and measures except establishment of standards (Entry

29).

27. Money-lending and money-lenders; relief of agricultural indebted- ness (Entry 30).

28. Inns and inn-keepers (Entry 31).

29. Incorporation, regulation and winding up of universities; unincor- porated trading, literary, scientific, religious and other societies and associations; co-operative societies (Entry 32).

30. Theatres and dramatic performances; cinemas subject to the pro- visions of entry 60 of List I; sports, entertainments and amusements (Entry 33).

31. Betting and gambling (Entry 34).

32. Works, lands and buildings vested in or in the possession of the

autonomous State (Entry 35).

33 Elections to the legislature of the autonomous State subject to the

provisions of any law made by Parliament (Entry 37).

34. Salaries ana a l l i a n c es oJ members, Speaker and Deputy Speaker

of the Legislative Assembly (Entry 38).

35. Powers, privileges and immunities of the Legislative Assembly and of the members and committees thereof, enforcement of attendance of persons for giving evidence or producing documents before committees of the Legislature of Meghalaya (Entry 39).

36. Salaries and allowances of Ministers for the autonomous State

(Entry 40),

37. Public services of the autonomous State (Entry 41).

38. Pensions payable by the autonomous State or out of the Consolida-

ted Fund of Meghalaya (Entry 42).

39. Public debt of the autonomous State (Entry 43).

40. Treasure trove (Entry 44).

41. Land revenue, including the assessment and collection of revenue, the maintenance of land records, survey for revenue purposes an-d records of rights, and alienation of revenues (Entry 45).

42. Taxes on agricultural income (Entry 46).

43. Duties in respect of succession to agricultural land (Entry 47).

44. Estate duty in respect of agricultural land (Entry 48).

45. Taxes on lands and buildings (Entry 49).

46. Taxes on mineral rights subject to any limitations imposed by

Parliament by law relating to mineral development (Entry 50).

47. Duties of excise on the following goods manufactured or produced ui the autonomous State and countervailing duties at the same or lower rates on similar goods manufactured Qr produced elsewhere in India: —

(a) alcoholic liquors for human consumption;

(b) opium, Indian hemp and other narcotic drugs and narcotics;

but not including medicinal and toilet preparations containing alcohol or any substance included in sub-paragraph (b) of this entry (Entry 51),

48. Taxes on the entry of goods into a local area for consumption, use or sale therein (Entry 52).

49. Taxes on advertisements other than advertisements published in the newspapers (Entry 55).

50. Taxes on goods and passengers carried by road or on inland water- ways (Entry 56).

51. Taxes on vehicles, whether mechanically propelled or not, suitable for use on roads including tram-cars subject to the provisions of entry 35 of List III (Entry 57).

52. Taxes on animals and boats (Entry 58).

53. Tolls (Entry 59).

54. Taxes on professions, trades, callings and employments (Entry 60).

55. Capitation taxes (Entry 61).

56. Taxes on luxuries, including taxes on entertainment, amusements, betting and gambling (Entry 62).

57. Rates of stamp duty in respect of documents other than those specified in the provisions of List I with regard to rates of stamp duty (Entry 63).

58. Any other matter not enumerated In this Part and in respect of which a District Council has power to make laws under paragraph 3 of the Sixth Schedule in the Constitution, to the extent to which it is not included in entry 16 of this Part and entry 2 of Part C.

59. Offences against laws with respect to any of the mattera in this Part (Entry 64).

60. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters in this Part (Entry 65).

61. Fees In respect of any of the matters in this Part, but not including fees taken in any court (Entry 66).

PART B

The following matters enumerated or to the extent included in List III—Concurrent List.

1. Marriage and divorce; wills, intestacy and succession; social cus- toms; appointment or succession of Chiefs or Headmen (Entry 5).

2. Offences against laws with respect to any of the matters in this Part (Entry 1).

3. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters in this Part (Entry 46).

4. Fees in respect of any of the matters in this Part, but not including fees taken in any court (Entry 47).

Concurrent List between the autonomous State and the State of Assam

PART C

[See section 33(2)]

Matters with respect to which the Legislature of Meghalaya and the Legislature of the State ef Assam also have power to make laws, namely, the following matters enumerated or to the extent included in List II— State List and List III—Concurrent List.

1. Scheme of agriculture designed to benefit both the areas of the autonomous State as well as the rest of Assam (Entry 14 of List II).

2. Conservation of forests in catchment areas of projects referred to in entry 16 of Part A, financed by the Government of Assam wholly or in part and declared by the Legislature of the State of Assam by law to be projects of State importance (Entry 19 of List II).

3. Industries subject to the provisions of entries 7 and 52 of List I (Entry 24 of List II).

4. Production, supply and distribution of goods, subject to the provi- sions of entry 33 of List III (Entry 27 of List II).

5. Removal from the autonomous State to any other area of the State of Assam or to any other State of prisoners and accused persons (Entry 4 of List JII).

6. Transfer of property other than agricultural land, subject to entry 58 of Part A; registration of deeds and documents (Entry 6 of List III).

7. Economic and social planning (Entry 20 of List III).

8. Acquisition and requisitioning of property (Entry 42 of List III).

9. Recovery in the autonomous State of claims in respect of taxes and other public demands, including arrears of land revenue and sums re- coverable as such arrears, arising outside the autonomous State (Entry 43 of List III),

ID. Inquiries and statistics for the purposes of any of the matters specified in this Schedule (Entry 45 of List III).

11. Offences against laws with respect to any of the matters in this Part (Entry 64 of List II and Entry 1 of List III).

12. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters in this Part (Entry 65 of List II and Entry 46 of List III).

13. Fees in respect of ar.v of the matters in this Part, but not includ- ing fees taken in any court (Entry 66 of List II and Entry 47 of List III).

THE THIRD SCHEDULE

(See section 58)

APPORTIONMENT OF ASSETS AND LIABILITIES

1. In this Schedule: —

Defini- tions.

(a) "purpose of the autonomous State" means a purpose relatabk to any of the matters in respect of which the Legislature of Megha- lay a has power to make laws under this Act; and

(b) "population ratio", in relation to Meghalaya, means such ratio as the Central Government may, by order, specify as the ratio bet- ween the population as ascertained at the last preceding census of Meghalaya and the rest of the State of Assam.

Lands and goodg.

2. (1) Subject to the other provisions contained in this Schedule, al] land and all stores, articles and other goods held by the State of Assam within the territories of Meghalaya shall, on the appointed day, pass to Meghalaya, if the purposes for which they were held will be purposes of the autonomous State.

(2) Stores relating to the Secretariat and offices of Heads of Depart- ments having jurisdiction over the areas comprised partly in Meghalaya and partly in the rest of Assam and unissued stores shall be divided bet- ween the State of Assam and Meghalaya in accordance with such direc- tions as the Central Government may think fit to issue for a just and equitable distribution thereof.

Explanation.—In this paragraph, the expression "land" includes im- movable 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.

Treasury and bank balances.

3. The total of the cash balances in all treasuries of the State of Assam and the balances of that State with the Reserve Bank of India or any other bank immediately before the appointed day shall be divided between the State of Assam and Meghalaya according to the population ratio:

Provided that for the purpose of such division there shall be no transfer of cash balance from any treasury to any "ther treasury, and the appor- tionment shall be effected by adjusting the balance of the State of Assam and Meghalaya in the books of the Reserve Bank of India on the ap- pointed day or in such other manner as the Central Government may, by order, direct.

Arrears of taxes.

4. Meghalaya shall have the right to recover the arrears of any tax or duty, including the arrears of land revenue, on property situate in Meghalaya, 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 Meghalaya:

Provided that nothing in this paragraph shall apply In relation to arrears of any tax or duty which Meghalaya is not competent to collect.

Right to recover loans and advances,

5. (1) The right to recover any loans or advances made before the appointed day by the State of Assam to any local body, society, agricul- turist or other person in Meghalaya shall belong to Meghalaya, if the purpose for which the loans or advances were made will thereafter be a purpose of the autonomous State.

(2) The right to recover loans and advances of pay and travelling allowances to a Government servant made before the appointed day by the State of Assam shall pass to Meghalaya if, after the appointed day, that Government servant is required to serve in connection with the affairs of Meghalaya under sub-section (3) of section 65.

Invest- ments and credits in cer- tain funds.

6. The investments made before the appointed day from the Cash Balance Investment Account and any other general fund of the State of Assam shall, after the appointed day, be divided between the State of Assam and Meghalaya according to the population ratio; and the in- vestments in any special fund the objects of which are confined to a local area in Meghalaya shall pass to Meghalaya if such investment re- lates to a purpose of the autonomous State.

7. (1) The assets and liabilities in Meghalaya on the appointed day re- lating to any commercial or industrial undertaking of the State of Assam other than an undertaking on which the State of Assam has incurred a capital outlay exceeding rupees fifty lakhs or a Government company shall, after the appointed day, pass to Meghalaya if the purpose of the undertaking relates to a purpose of the autonomous State.

Assets and lia- bilities of State under- takings and Invest- ments.

(2) Where a depreciation reserve fund is maintained by the State of Assam for any such undertaking as is referred to in sub-paragraph (1), the securities held in raspect of such investments made from that fund shall pass to Meghalaya.

(3) The investments of the State of Assam made before the appoint- ed day in any body corporate or co-operative society w'.iose area of operation or jurisdiction extends to areas comprised partly with- in Meghalaya and partly within the rest of the State of Assam, or in any Government company or private commercial or industrial undertaking, shall, if the Central Government so directs, be allocated between the Government of Assam and the Government of Meghalaya in such pro- portion as may be agreed upon between the two Governments within one year from the date of the direction aforesaid or, in default of such agreement, as the Central Government may by order direct.

Public debt.

8. (I) The public debt of the 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 nublic debt of that State, and Meghalaya shall be liable to pay to the State of Assam its share of the sums due from time to time for the ser- vicing and repayment of the debt.

(2) For the purpose of determining the share referred to in sub-para- graph (1), the debt shall be deemed to be divided between the State of Assam and Meghalaya as if it were a debt referred to in sub-paragraph (4).

(3) Out of so much of the public debt of Assam, other than the public debt referred to in sub-paragraph (1), as is equal to the amount of loans and advances made by that State and outstanding on the appointed day, the share of the liability of Meghalaya shall be for an amount equal to the loans and advances recoverable by Meghalaya under paragraph 5.

(4) The remaining public debt of the 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 State of Assam and Meghalaya in pro- portion to the total capital expenditure on all capital works and other capital outlays incurred or deemed to have been incurred by the State of Assam up to the appointed day and the total expenditure on all capital works and other capital outlays incurred or deemed, to have been incurred up to that day in Meghalaya for purposes of the autonomous State,

(5) For the purposes of this paragraph, "Government security" means a security created and issued by the State of Assam for the purpose of raising a public loan and having any of the forms specified in, or prescrib- ed under, clause (2) of section 2 of the Public Debt Act, 1944.

18 of 1944.

) Refund [ of taxes r collected

in excess.

9. After the appointed day, it shall be the liability of Meghalaya to refund any tax or duty on property, including land revenue, collected in excess on any property situate in Meghalaya or any other tax or duty collected in excess, if the place of assessment of that tax or duty is situate in Meghalaya:

Provided that nothing in this paragraph shall apply to the refund of any tax or duty which Meghalaya is not competent to collect.

Deposits, etc. 10. The liability of the State of Assam in respect of any civil deposit or local fund deposit made before the appointed day in any place situate • in Meghalaya, shall become the liability of Meghalaya if the deposit is for any purpose of the autonomous State.

Provi- dent Fund.

11. The liability of the State of Assam in respect of the Provident Fund account of a Government servant required to serve in connection with the affairs of Meghalaya under sub-section (3) of section 65 shall, on and from the appointed day, be the liability of Meghalaya.

Pensions.

12. The liability of the State of Assam or Meghalaya in respect of pensions shall be apportioned between the two 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.

Con- tracts.

13. (1) Where, before the appointed day, the State of Assam has 1 made any contract in the exercise of its executive power for any of the ' purposes of that State, that contract shall be deemed to have been made in the exercise of the executive power of Meghalaya if the purpose is as from that day exclusively a purpose of the autonomous State, 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 Assam, be rights or liabilities of Meghalaya.

(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 con-

nection 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 con- tractual rights, be dealt with under those provisions.

14. Where, immediately before the appointed day, the State of Assam is subject to any liability in respect of an actionable wrong other than a breach of contract, that liability shall be the liability of Meghalaya if it relates thereafter to a purpose of the autonomous State.

L-abi- lity in respect of action- able wrong.

Liabi- lity as guaran- tor.

15. Where, immediately before the appointed day, the State of Assam is liable as guarantor in respect of any liability of a registered co- operative society or other person, that liability shall be the liability of Meghalaya if it relates thereafter to a purpose of the autonomous State.

Items in suspense.

16. If any item in suspense relating to a purpose of the autonomous State is ultimately found to affect an asset or liability of the nature referred to in any of the foregoing paragraphs of this Schedule, it shall be dealt with in accordance with that provision.

Resi- duary provi- sions.

17. The benefit or burden of any asset or liability of iiie State of Assam which relates to a purpose of the autonomous State and which Is not dealt with in any of the foregoing paragraphs of this Schedule, shall pass to Meghalaya.

18- Where the State 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 agreed upon.

Appor- tionment of assets and liabi- lities- by agree- ment.

Power of Central Govern- ment to order alloca- tion or adjust- ment in cer- tain cases.

19. Where, by virtue of any of the provisions of this Schedule, the State of Assam or 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 miade to it within a period of three years from the appointed day by the State of Assam or the autonomous State, 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 Meghalaya or the State of Assam shall make to the other State primarily subject to the liability such contribu- tion in respect thereof, as the Central Government may, after consulta- tion with the Government of Assam and the Government of Meghalaya, by order, determine.

THE FOURTH SCHEDULE

(See section 74)

AMENDMENTS TO THE SIXTH SCHEDULE OF THE CONSTITUTION

1. In the Sixth Schedule to the Constitution (hereinafter referred lo as the Sixth Schedule), in sub-paragraph (3) of paragraph 1, after clause (/), the following clause shall be inserted, namely: —

"(#) alter the name of any autonomous district/';

2. In paragraph 2 of the Sixth Schedule,—

(i) for sub-paragraph (1), the following sub-paragraph shall be substituted, namely: —

" (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 suflerage.";

(ii) in sub-paragraph (6)—•

(a) in clause (e), for the words "such Councils", the words "Regional Councils" shall be substituted;

(b) in clause (g), after the words "conduct of business", th" brackets and words " (including the power to act notwithstand- ing any vacancy)" shall be inserted;

(Hi) after sub-paragraph (6), the following sub-paragraph shall be inserted, namely: —

" (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 Pro- clamation 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 where a Pro- clamation of Emergency is in operation not extending beyond a period of six months after the Proclamation has ceased to operate:

Provided further that a member elected to fill a casual vacancy shall hold office only for the remainder of the term of office of the member whom he replaces.";

(iv) in sub-paragraph (7) —

(a) after the words "make rules", where they first occur, the words "with the approval of the Governor" shall be inserted, and where they occur a second time, the words "with like ap- proval" shall be inserted;

(b) the second proviso shall be omitted.

3, In paragraph 3 of the Sixth Schedule, in sub-paragraph (1),—

(i) in the proviso to clause (a), foT the words "Government of Assam", the words "Government of Assam or the Government of Meghalaya" shall be substituted;

(ii) for clause (i), the following clause shall be substituted, namely: —

(i) "marriage and divorce;".

4. In paragraph 4 of the Sixth Schedule, the following sub-paragraph shall be inserted at the end, namely: —

¹ (5) On and from such date as the President may, after con- sulting the Government of Assam or, as the case may be, the Gov- ernment of Meghalaya, 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—

(t) 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 words "not being suits and cases of the nature referred to in sub-paragraph (1) of paragraph 5 of this Schedule, which the Governor may specify in this behalf," had been substituted;

(ii) sub-paragraphs (2) and (3) had been omitted;

(in) in sub-paragraph (4) —

(a) for the words "A Regional Council or District Coun- cil, as the case may be, may with the previous approval of the Governor make rules regulating", the words "The Gov- ernor may make rules regulating" had been substituted; and

(b) for clause (a), the following clause had been sub- stituted, namely: —

"(a) the constitution of village councils and courts, the powers to be exercised by them under this para- graph and the courts to which appeals from the decisions of village councils and courts shall lie;";

(c) for clause (c), the following clause had been sub- stituted, namely: —

" (c) the transfer of appeals and other proceedings pending before the Regional or District Council or any court constituted by such Council immediately before the date appointed by the President under sub-para- graph (5);"; and

(d) in clause (e), for the words, brackets and figures "sub-paragraphs (1) and (2)", the word, brackets and figure "sub-paragraph (1)" had been substituted.'.

5. In paragraph 5 of the Sixth Schedule, after sub-paragraph (3), the following sub-paragraph shall be inserted, namely: —

"(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 autho- rise 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.".

6. For paragraph 6 of the Sixth Schedule, the following paragraph shall be substituted, namely: —

Powers of the District Council to establish primary schools, etc. "6. (1) The District Council for an autonomous district may estab- lish, construct, or manage primary schools, dispensaries, markets, cattle ponds, ferries, fisheries, roads, road transport and waterways in the district and may, with the previous approval of the Governor, make regulations for the regulation and control thereof and, in parti- cular, may prescribe the language and the manner in which primary education shall be imparted in the primary schools in the district.

(2) The Governor may, with the consent of any District Coun- cil, entrust either conditionally or unconditionally to that Council or to its officers functions in relation to agriculture, animal husbandry, community projects, co-operative societies, social welfare, village planning or any other matter to which the executive power of the State of Assam or Meghalaya, as the case may be, extends.".

7. In paragraph 7 of the Sixth Schedule, for sub-paragraph (2), the following sub-paragraphs shall be substituted, namely:—

" (2) The Governor may make rules for the management of the District Fund, or, as the case may be, the Regional Fund and for the procedure to be followed in respect of payment of money into the said Fund, the withdrawal of moneys therefrom, the custody of moneys therein and any other matter connected with or ancillary to the matters aforesaid.

(3) The accounts of the District Council or, as the case may be, the Regional Council shall be kept in such form as the Comptroller and Auditor-General of India may, with the approval of the Presi- dent, prescribe.

(4) The Comptroller and Auditor-General shall cause the ac- counts of the District and Regional Councils to be audited in such manner as ho may think fit, and the reports of the Comptroller and Auditor-General relating to such accounts shall be submitted to the Governor who shall cause them to he laid before the Council.".

8. In paragraph 8 of the Sixth Schedule, in sub-paragraph (4), the fol- lowing words shall be inserted at the end, namely: —

"and every such regulation shall be submitted forthwith to the Governor and, until assented to by him, shall have no effect,".

9. After paragraph 12 of the Sixth Schedule, the following paragraph shall be inserted, namely:—

"12A. (1) Notwithstanding anything contained in paragraph 12,—

Special provi- sions as respects applica- tion of Iaw3 in Megha- laya

(a) if any provision of a law made by a District or Regional Council in Meghalaya with respect to any of the matters speci- fied in clause (b) or clause (c) of sub-paragraph (1) of paragraph 3 of this Schedule is repugnant to any provision of a law made by the Legislature of the State of Assam with respect to any project declared by the Legislature of that State to be of State import- ance, 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 speci- fied in clause (b) or clause (c) or clause (f) of sub-paragraph (1) of paragraph 3 of this Schedule is repugnant to any provi- sion 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 paragraph 3 of this Schedule should be regulated by the Legislature of Meghalaya by law, and if resolutions to that effect are passed by the said District Councils or Regional Councils, it shall be lawful for the Legislature of Meghalaya to pass an Act regulating that matter accordingly, and any Act so passed shall apply to the autonomous districts or regions concerned, and to any other autonomous district or region the Dis- trict or Regional Council whereof adopts it afterwards by resolution passed in this behalf.

(3) Any Act passed by the Legislature of Meghalaya under sub- paragraph (2) of this paragraph may be amended or repealed by an Act of the Legislature of Meghalaya passed in like manner, but shall not, as respects any autonomous district or region to which it applies, be amended or repealed by any law made by the District or Regional Council thereof.

(4) The Governor may, with respect to any Act of the Legislature of the State of Assam, and the President may, with respect to any Act of Parliament, by public notification direct, that it shall not apply to Meghalaya, or shall apply thereto, or to any part thereof subject to such exceptions or modifications as he may specify In the notification, and any such direction may be so given as to have re- trospective effect,

(5) The provisions of clause (b) of sub-paragraph (1) of para graph 12 shall not apply to Meghalaya.".

10. In sub-paragraph (1) of paragraph 15 of the Sixth Schedule, aftei the words "safety of India", the words "or is likely to be prejudicial tc public order" shall be inserted.

11. Paragraph 16 of the Sixth Schedule shall be re-numbered as sub- paragraph (1) of that paragraph and to that paragraph as so re-number- ed, the following sub-paragraphs shall be added, namely: —

" (2) If at any time the Governor is satisfied that a situation has arisen in which the administration of an autonomous district or region cannot be carried on in accordance with the provisions of this Schedule, he may, by public notification, assume to himself all or any of the functions or powers vested in or exercisable by the Dis- trict Council or, as the case may be, the Regional Council and declare that such functions or powers shall be exercisable by such person or authority as he may specify in this behalf, for a period not exceeding six months:

Provided that the Governor may by a further order or orders extend the operation of the initial order by a period not exceeding six months on each occasion.

(3) Every order made under sub-paragraph (2) of this paragraph with the reasons therefor shall be laid before the Legislature of the State and shall cease to operate at the expiration of thirty days from the date on which the State Legislature first sits after the issue of the order, unless, before the expiry of that period it has been ap- proved by the State Legislature.".

12. After paragraph 20 of the Sixth Schedule, the following paragraph shall be inserted, namely:—

'20A. (1) In this Schedule,—

• Interpre- > tat ion.

(a) "Governor", in relation to Meghalaya, means the Gover- nor of Assam acting on the aid and advice of the Council ol Ministers for Meghalaya, except in so far as he Is by or under this Schedule required to exercise his functions In his discretion or to exercise his powers under sub-paragraph (4) of paragraph 12A*

(b) "Meghalaya" means the autonomous State formed under

article 244A.

(2) Subject to any express provision made in this behalf, the provisions of this Schedule shall, in their application to Meghalaya, have effect—

(i) as if references to the Government of Assam, State of Assam, State and Legislature of the State were references res- pectively to the Government of Meghalaya, the autonomous State of Meghalaya, Meghalaya and the Legislature of Megha- laya;

(ii) as if in paragraph 13, the words and figures "under arti-

cle 202" had been omitted.'.

STATEMENT OF OBJECTS AND REASONS

Article 244A was added to the Constitution, by the Constitution (Twenty-Second Amendment) Act, 1969 to enable Parliament to enact a law to give effect to the scheme for reorganisation of Assam by forming 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. The present Bill has been brought forward in pursuance of that article and seeks to establish an autonomous State called Meghalaya within the State of Assam. As envisaged in the reorganisation scheme, Meghalaya will com- prise the areas now forming part of the United Khasi-Jaintia Hills Dist- rict as defined in the substantive part of paragraph 20(2) of the Sixth Schedule and the Garo Hills District. The Bill also provides for separate options to the Mikir Hills autonomous district and the North Cachar Hills autonomous district to become pa*rt of Meghalaya. The legislative powers of Meghalaya have been set out in the Second Schedule to the Bill and subject to the provisions of the Bill, the executive power of Me- ghalaya will extend to matters with respect to which the legislature of Meghalaya shall have power to make laws. The Bill makes detailed pro- visions regarding the constitution of the Legislative Assembly of Megha- laya, delimitation of constituencies, elections to the Assembly and Its pro- cedure, Council od! Ministers for Meghalaya, administrative relations bet- ween the Governments of Assam and Meghalaya and between the Cent- ral Government and the Government of Meghalaya. Provision has also been made for transferring to Meghalaya such assets and liabilities of the Assam Government in the Meghalaya area as are relatable to matters which fall within the purview of the autonomous State.

2. Provision has also been made in the Bill for the constitution of a provisional Legislative Assembly for Meghalaya pending general elec- tions to the Assembly. In order to dovetail the scheme of the Bill with the main provisions of the Constitution, the autonomous State will be treated as a State for certain provisions of the Constitution specified In clause 67 of the Bill.

3. As indicated in the reorganisation scheme, the Fourth Schedule to the Bill contains provisions for the amendment of the Sixth Schedule to the Constitution in order to improve the procedures of the District Coun- cils and make them function efficiently.

4. The provisions of the Bill are further explained in the notes on clau- ses, wherever necessary.

NEW DELHI;

Y. B. CHAVAN.

The 9th December, 1969.

Notes on clauses

Clause 3.—This clause provides for the formation of an autonomous State within the State of Assam to be known as Meghalaya. The United Khasi-Jaintia Hills district (Which comprises two autonomous districts called United Khasi-Jaintia Hills autonomous district and Jowai autono- mous district) and the Garo Hills Distrct as defined in paragraph 20 of the Sixth Schedule to the Constitution excluding part of the former transferred to the Mikir Hills autonomous district in 1951, will automati- cally form part of Meghalaya. The part of Shillong Municipality which formed part of the Khasi State of Mylliem before the commencement of the Constitution and which now forms part of the United Khasi-Jaintia Hills autonomous district will be territorially part of Meghalaya but jurisdiction of Meghalaya in this area will be limited as provided in the proviso to clause 33 (1). Rest of the Shillong Municipality and Can- tonment which do not form part of the tribal areas will not form part of the autonomous State,

The north Cachar Hills autonomous district and the Mikir Hills autonomous district have been provided with an option to join Megha- laya. As soon as the proposed law is enacted, the District Councils of these two districts would be asked to indicate their choice and if the Council concerned expresses a desire by a two-thirds majority that the autonomous district shall form part of Meghalaya, the President will make a declaration to that effect and thereupon that district will also become a part of Meghalaya,

2. Clause 4 to 10.—These clauses define the extent of the executive power of Meghalaya and manner in which the power may be exercised Provision has also been made for the constitution of a Council of Minis- ters which shall be collectively responsible to the Legislative Assembly of Meghalaya. Clause 8 contains a provision to enable the appointment of an Advocate-General for Meghalaya as and when the Government of Meghalaya deems fit to do so.

3. Clauses 11 to 17.—These clauses relate to the size of the Legislative Assembly of Meghalaya, delimitation of the Assembly constituencies and matters connected with elections to the Assembly. It has been provided that the number of elected members of the Assembly will be not less than 35 and not more than 55 so that the actual number could be deter- mined in the light of the option to be exercised by the District Councils of north Cachar Hills autonomous district and Mikir Hills autonomous district. Provision has also been made for nominating not more than three persons to represent the interests of minority communities in Meghalaya if there is need for giving them representation in this manner. The work of delimiting the constituencies is proposed to be entrusted to the Election Commission. Clause 17 provides for the Representation of the People Act, 1951, being applied in relation to the elections to the Legislative Assembly as they apply in relation to elections to a State Legislative Assembly.

4. Clauses 18 to 49, and Second Schedule.—These clauses relate to dura- tion of the Legislative Assmbly, Speaker and Deputy Speaker, conduct of business, powers and privileges of members and their salaries and

allowances, legislative powers and procedures, including procedure in financial matters. These provisions are generally modelled on the cor- responding provisions of the Constitution relating to State Legislative Assemblies,

Clause 28 in particular provides that an individual shall not simul- taneously be the member of the Meghalaya Assembly and also of the Legislative Assmbly of Assam or Parliament.

Clause 33 defines the legislative powers of the legislature of Megha- laya. These powers are enumerated in the Second Schedule to the Bill, which is divided into three parts, namely, Part A, Part B and Part C. Part A contains the subjects in the State List in respect of which Megha- laya will have exclusive legislative powers. Part B contains subjects in the Concurrent List which even now come within the purview of the District Councils by virtue of paragraph 3 (1) of the Sixth Schedule to the Constitution in respect of which similar exclusive powers will be avail- able to Meghalaya. Part C contains subjects which will be concurrent to Assam and Meghalaya.

According to the reorganisation scheme Shillong will serve as the headquarters of both Assam and Meghalaya and Assam will have the same legislative and administrative control over the Cantonment and municipal areas of Shillong as at present. Under the Sixth Schedule to the Constitution the District Council has certain powers in respect of that part of the Shillong Municipality, which forms part of the tribal areas. The reorganisation scheme also provides that the District Coun- cil will continue to have these powers and will be under the control of Meghalaya. Proviso to clause 33 (1), therefore ensures that the legisla- tive powers of Meghalaya within the Shillong Municipality shall be limited to those of the District Council so that Assam's legislative and administrative control over the Shillong Municipality is not affected.

Clause 34 of the Bill provides for exemption of Union properties from the taxes imposed by Meghalaya or by any authority within the autono- mous State and also for the exemption of properties of the Assam Gov- ernment from similar taxation on reciprocal basis. According to entry 51 in Part A of the Second Schedule to the Bill, Meghalaya will have power to levy taxe3 on vehicles. However, in order to avoid double taxa- tion on vehicles registered in Meghalaya transiting through rest of Assam and vice versa a provision has been made to exempt such vehicles from double taxation.

Clauses 35 and 36 spell out the effect of Central and Assam laws on Meghalaya laws in the concurrent field and the procedure for enacting special laws in this field for Meghalaya.

5. Clause 50.—This clauso empowers the Governor to promulgate Ordi- nances during the recess of the Meghalaya Assembly and is generally modelled on article 213 of the Constitution.

6. Clauses 51 to 57.—These clauses relate to financial provisions and provide for separate Consolidated Fund, Contingency Fund and Public Account for Megbalava.

Clause 55 provides for electricity tax and sales tax in the Meghalaya area outside the Shillong Municipality being collected by the Govern- ment of Meghalaya while the rates of taxes are to be determined by the Assam legislature. Assam has also got a first-point salea tax levy on certain luxury items. As such goods would suffer sales tax at the dis- tribution centres in the plains like Gauhati before they move into Megha- laya for retail distribution, the autonomous State will not be able to collect any sales tax on these goods. It has, therefore, been provided that a portion of such tax collected by Assam should be payable to Meghalaya by Assam.

Clause 56 provides for the Central devolutions to Assam under the Finance Commission's recommendations being apportioned between Assam and the autonomous State in such proportion as the Central Gov- ernment may determine. It has not been possible to specify in the law the actual proportion, because the actual territorial extent of Meghalaya would be known only after the District Councils of North Cachar Hills autonomous district and the Mikir Hills autonomous district have exer- cised their option. For the purpose of future awards of the Finance Com- mission, Meghalaya would be treated as a separate State and the Finance Commission would recommend the quantum of devolution separately for Assam and Meghalaya. The provision made in this clause will, there- fore, apply only so far as the devolutions based on the Fifth Finance Commission's recommendations are concerned.

7. Clause 58 and Third Schedule.—This clause refers to apportionment of assets and liabilities. Detailed provisions in this behalf have been incorporated in the Third Sched^e to the Bill. These generally follow the provisions made in other State Reorganisation laws with the modi- fication that assets and liabilities to be transferred to Meghalaya would be those relatable to the legislative powers proposed to be conferred on the legislature of the autonomous State.

8. Clauses 59 to 61.—These clauses relate to administrative relations between Meghalaya and Assam and also Meghalaya and the Union. It has been provided that the autonomous State shall comply with laws made by Parliament, the laws made by the legislature of Assam and other laws in force within its territory. If any executive action taken by Meghalaya impedes or prejudices the exercise of executive power of the Union, the Government of India will have power to give directions to the Meghalaya Government. Similarly, if the actions of Meghalaya Government impede the exercise of the executive power of the Govern- ment of Assam, the Government of Assam will have powers to give direc- tions. A provision has also been made in clause 61 for entrustment of executive functions of the Government of Assam to Meghalaya Govern- ment and vice versa.

9. Clause 62.—This clause makes a transitional provision for the set- ting up of a provisional Legislative Assembly pending the holding of the first general elections to the Meghalaya Assembly in accordance with the proposed law. The members of the provisional assembly will be elected by the members of the District Councils on the basis of propor- tional representation by means of the single transferrable vote. Elected members of each District Council will constitute an electoral college re- turning a specified number of members to the Assembly.

10. Clauses 63 to 73.—These clauses contain miscellaneous provisions, the more important of which are explained below: —

Clause 63.—This clause makes a provision enabling the Central Government to appoint a high level committee to advise the Govern- ments of Assam and Meghalaya on matters of common interest with resect to Shillong and also such of the adjoining areas as may be treated as part of Shillong for this purpose by agreement between the two Governments.

Clause 65.—This clause provides for services of officers of Assam Cadre of the All-India Services and Class I Services of that State being made available to Meghalaya for specified periods and alloca- tion of serving employees of Assam in lower cadres to Meghalaya for service under the autonomous State.

Clause 67.—To the extent legislative and executive powers are entrusted to Meghalaya, it will have to function as a State under the Constitution. It was, therefore, provided in article 244A added to the Constitution by the Constitution (Twenty-Second Amendment) Act, 1969, that a parliamentary law under that article may provide that any reference to a State in any article in the Constitution shall be construed as including a reference to the autonomous State. This clause enumerates the various articles for the purposes of which the autonomous State will be treated as a State.

Clause 68.—In the Meghalaya area not only the laws made by Parliament but also the laws made by Assam and Meghalaya would be in operation. This clause, therefore, provides that the executive power of the Government of Assam in relation to Meghalaya under article 298 shall also be subject to legislation enacted by the legisla- ture of Meghalaya and that the executive power of Megha^ya under the same article shall also be subject to legislation enacted by the legislature of Assam.

Clause 69.—This clause provides for suspension of relevant pro- visions of the proposed law in the event of President's rule in Meghalaya.

Clause 70.—There are a number of Central laws particularly in the Concurrent field which require the State Governments to imple- ment the laws, In actual working of the scheme of reorganisation it might become necessary to entrust functions under some of these laws to Meghalaya Government to ensure smooth administration. This clause, therefore, contains an enabling provision for the Central Government themselves to take over the executive authority in Meghalaya area under any such law as may be notified so that where necessary the powers could be delegated to the Meghalaya Govern- ment under article 258.

11. Clause 74 and Fourth Schedule.—This clause read with the Fourth Schedule to the Bill makes certain amendments in the Sixth Schedule to the Constitution. The important amendments to the Sixth Schedule pro- posed in the Fourth Schedule to the Bill are as follows: —

Paragraph 1.—A provision has been made in paragraph 1 of the Fourth Schedule to enable the Governor to alter the name of an auto- nomous district by notification.

Paragraph 2.—The maximum strength of the District Councils has been fixed at 30 out of whom the maximum number of nominat- ed members would be 4. Provision has also been made for fixing a five-year term for the District Councils. At present, these provisions are contained in the rules of the District Councils concerned.

The rule relating to delimitation of constituencies, elections, etc., to the District Councils are at present made by the Councils them- selves under paragraph 2(7) of the Sixth Schedule. It is proposed that such rules should be made with the approval of the Governor.

Paragraphs 4 and 5.—At present the village courts in the autonom- ous districts have jurisdiction only in respect of suits and cases in which both the parties are members of the Scheduled Tribes of the autonomous district concerned. The District Council or courts con- stituted by the District Council function as appellate court. More serious offences like those punishable with death or imprisonment for a term of not less than 5 years are outside the purview of these courts but the Governor is empowered to confer jurisdiction on these courts in regard to these matters as well on the condition that the Code of Criminal Procedure and the Code of Civil Procedure shall be followed in deciding such matters. This paragraph seeks to enable village level courts to function more or less like Nyaya Panchayats in the rest of the country subject to the procedural rules relating to these courts being made by the Assam Government or Meghalaya Government, as the case may be. It is intended that appeals from the village level courts should lie to regular courts. However, some preparatory work will be necessary to effect the change over and local conditions will have to be taken into account in fixing the time schedule for the change. It is, therefore, proposed to enforce these amendments from a date to be fixed in respect of each autonomous district.

Paragraph 6.—This paragraph seeks to enable the Governor to entrust additional functions particularly in the field of local develop- ment, to the District Councils and also make it clear that the District Council could set up its own road transport system.

Paragraph 7.—-This paragraph makes provisions for improving the financial and accounting procedures of the District Councils.

Paragraph 9.—Under paragraph 12 of the Sixth Schedule the State laws relating to matters in respect of which the District Coun- cils are empowered to legislate under paragraph 3 of the Sixth Sche- dule do not automatically apply to the autonomous districts. There is also a provision which enables the Governor to apply the State and Parliamentary laws to the autonomous districts with modifications or not to apply such laws at all. Having regard to the provisions made in the Bill the scheme of that paragraph is sought to be applied to Meghalaya in a modified form by adding a new paragraph 12A in the Sixth Schedule.

Paragraph 11.—Situations may arise in which a District Council may not be able to function in accordance with the provisions of the Sixth Schedule. This paragraph, therefore, seeks to make a provision to enable the Governor to take over any or all the functions of the District Council in such cases for a period not exceeding six months

with power to extend the period from time to time. It has been pro- vided that such orders shall be subject to approval by the Assam or Meghalaya legislature, as the case may be, within 30 days from the date of its first session after the issue of the order.

Paragraph 12.—This paragraph provides that in so far as Megha- laya is concerned, the Governor shall exercise his powers under the Sixth Schedule on the advice of the Council of the Ministers of Meghalaya.

12. Clause 75.—Under section 21A of the Reserve Bank of India Act, 1934, the Reserve Bank can enter into agreement with the Government of a State to transact Government business of that State. It may be neces- sary for Meghalaya also to enter into similar agreement. The particular section of the Reserve Bank of India Act is, therefore, sought to be ampli- fied by including therein a reference to the autonomous State of Megha- laya,

13. Clause 76.—This clause provides for representation of Meghalaya In the Eastern Zonal Council.

FINANCIAL MEMORANDUM

Clauses 6(1) and 11(1) of the Bill provide for a Council of Ministers and Legislature for Meghalaya. Clauses 7 (5), 23 (5) and 32 relate to pay- ment of salaries and allowances to the Ministers, Speaker and Deputy Speaker and members of the Legislative Assembly. Clause 25(1) pro- vides for a separate secretarial staff for the Legislative Assembly. The expenditure on such salaries and allowances and other expenditure of an incidental nature such as additional staff for the Council of Ministers will depend on the decisions that may be taken by the Meghalaya Govern- ment when it comes into existence or laws which may be enacted by the Legislature of Meghalaya. It is not possible to make an estimate of such expenditure which will in any case be met from the Consolidated Fund of Meghalaya.

Clause 12(1) of the Bill seeks to empower the Election Commission to delimit the territorial constituencies for elections to the Legislative As- sembly of Meghalaya. Clause 12(2) provides for appointment of not more than five associate members to assist the Election Commission in delimit- ing the constituencies. Clause 17 provides for elections to the Legislative Assembly of Meghalaya being held in accordance with the provisions of the Representation of the People Act, 1951. Clause 62(1) provides for the setting up of a Provisional Legislative Assembly. The delimitation of constituencies will involve an expenditure of about Rs. 25,000 on account of travelling allowances and other incidental expenditure. The elections to the Provisional Legislative Assembly may involve an expenditure of about Rs. 3,000 on account of travelling allowances, etc., of the members of the electoral colleges. The expenditure on both these items which will be of a non-recurring nature, will have to be met from the Consolidated Fund of India. The elections from territorial constituencies to the Megha- laya Legislative Assembly may involve a non-recurring expenditure of about Rs. 2 lakhs. As the elections would be held after the autonomous State of Meghalaya comes into existence the expenditure will, however, be met from the Consolidated Fund of Meghalaya. Clause 14(2) provides that the electoral roll of each Meghalaya constituency shall be so much of the electoral roll of the Assam Assembly constituency as relates to the area of that constituency covered by the Meghalaya constituency. The electoral rolls for all Assam Assembly constituencies are under revision at present and the revised rolls will be finally published in January, 1970. No additional expenditure will, therefore, be involved in the preparation of the electoral rolls of the Meghalaya Assembly constituencies.

Clause 58 of the Bill along with the Third Schedule relates to the ap- portionment of assets and liabilities of the State of Assam in so far as Meghalaya Is concerned. The cash assets falling to the share of Megha- laya will accrue to its Consolidated Fund and the liabilities to be assumed by Meghalaya will have to be met from that Fund. No expenditure on this account also will be involved from the Consolidated Fund of India.

Clause 63 provides for a Special Committee for Shillong being consti- tuted for advising the two G-ovcrnmcnts on matters of common interest with respect to Shillong. Expenditure, if any, in regard to this Commit- tee will have to be met either by Government of Assam or partly by that Government and partly by Government of Meghalaya. Hence this provi- sion also will involve no expenditure from the Consolidated Fund of India.

Under clause G7 Meghalaya is proposed to be treated as a State for the purposes of articles 272, 275 and 282. By virtue of the order to be made under clause 56, a part of Assam's share oi Union Duties of Excise under article 272 will have to be paid to Meghalaya out of the Consolidated Fund oJf India. Similarly, by virtue of the order under that clause, a part of the grants-in-aid payable to Assam under article 275(1) will have to be paid to Meghalaya from the Consolidated Fund of India. The precise quantum of such devolution and grants to Meghalaya cannot, however, be estimated at this stage as the amount would depend on the areas which would ultimately form part of the autonomous State. Hence, provision has been made in clause 56 to determine by a Presidential order the pro- portion in which the grants-in-aid and Central taxes payable to Assam are to be allocated between Assam and Meghalaya. Assam is also receiv- ing plan grants and certain non-plan grants under article 282. So much of these grants as are relatable to subjects transferred to Meghalaya will have to be diverted to the autonomous State, The precise amount of such grants to Meghalaya cannot be estimated at this stage as this would depend on factors like the size of the plan for Meghalaya. However, to the extent resources are transferred from Assam to Meghalaya, there will be no extra expenditure from the Consolidated Fund of India.

Clause 76 provides for representation being given to Meghalaya on the Eastern Zonal Council. This will involve some expenditure on the travel- ling allowances of the members of the Council representing Meghalaya to attend meetings of the Council. The expenditure will, however, be met from the Consolidated Fund of Meghalaya and there will be no expendi- ture on this account from the Consolidated Fund of India.

Clause 67 provides for Meghalaya being treated as a State for purposes of articles 149, 150 and 151 oi' the Constitution and paragraph 7 of the Fourth Schedule provides for the audit of the accounts of the District Councils by the Comptroller and Auditor-General. These arrangements may require the strengthening of the establishment of the office of the Accountant General, Assam and Nagaland, and the expenditure on this account is estimated at Rs. 30,000 per annum recurring and Rs, 5,000 non- —jcurring.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 9(3) of the Bill empowers the Governor to make rules for the more convenient transaction of business of the Government of Megha- laya and for allocation among ministers of the said business.

Clauses 7(5), 23(5) and 32 would enable the Governor to determine the salaries and allowances of Ministers, Speaker and Deputy Speaker and members of the Legislative; Assembly until laws in that behalf are enacted.

Clause 25(3) of the Eill empowers the Governor to make, after consul- tation with the Speaker of the Legislative Assembly, rules regulating the recruitment and conditions of service of persons appointed to the secre- tarial staff of the Legislative Assembly, pending enactment of a law on the subject.

Clause 47 of the Bill empowers the Legislative Assembly of Meghalaya to make rules for regulating its procedure and conduct of business. It fur- ther provides that till such rules are made, the rules of procedure and standing orders applicable to the Legislative Assembly of Assam shall ap- ply to the Legislative Assembly of Meghalaya subject to any modifications or adaptations which may be made by the Governor.

Clause 54 provides for rules regarding the custody, etc., of the Consoli- dated Fund and Contingency Fund of Meghalnya being made by the Gov- ernor pending the enactment of legislation in this behalf.

Clause 56 empowers the President to determine by order the propor- tion in which the grants-in-aid under article 275(1) of the Constitution, and taxes on income, duties of excise, estate duty, etc., shall be payable to the State of Assam and the autonomous Slat? of Meghalaya. It is not possible to specify in the Bill the actual piroportion because the actual ter- ritorial extent of Meghalaya would be known only after the District Coun- cils of North Cachar Hills autonomous district and the Mikir Hills auto- nomous district have exercised their option. The order of the President will however be laid before Parliament,

Clause 66(2) empowers the appropriate Government to adapt existing laws in order to facilitate their application in relation to the autonomous State of Meghalaya. This power will be available for a period of two years from the appointed day. Clause 17 empowei's the President to dir- ect, after consultation with the Election Commission, the modifications subject to' which the Representation of the People Act, 1951, would apply to elections to the Legislative Assembly of Meghalaya. Clause 55 (3) em- powers the Central Government to direct that the laws with respect to taxes on the consumption or sale of electricity and sale or purchase of goods shall have effect subject to spe.nifi.ed exceptions and modifications for the purpose of enabling the Government of Meghalaya to collect those taxes. The adaptations, exceptions and modifications referred to above cannot affect the substance of the enactments.

Clause 77 makes the usual provision regarding power to make rule3. it empowers the Central Government to make rules to give effect to the provisions of the Bill. The rules will have to be laid before both Houses of Parliament.

In the Fourth Schedule to the Bill (which seeks to amend the Sixth Schedule to the Constitution), it is proposed to amend paragraph 2 of the Sixth Schedule so as to provide that the rules relating to delimitation of constituencies, elections, etc., to the District Councils which are at present made by the Councils themselves, should be made with the approval of the Governor [paragraph 2(iv)]. It is further proposed to amend para- graph 4 of the Sixth Schedule to enable village level courts to function more or less like Nyaya Panchayats in the rest of the country subject to the procedural rules relating to these courts being made by the Assam Government or the Meghalaya Government, as the case may be. It is in- tended that appeals from the village level courts should lie to regular courts [paragraph 4(iii)]. It is also proposed to amend paragraph 7 of the Sixth Schedule so as to take power for the Governor to make rules for the management of the District Fund or the Regional Fund, procedure for payment of money into it, etc. [paragraph 7]. It is also proposed to amend paragraph 6 of the Sixth Schedule to empower the District Council to make regulations, with the previous approval of the Governor, for the regulation of primary schools, dispensaries, etc., established by them [paragraph 6].

It will be seen that the matter mentioned above are matters of detail ox pertain to procedure and as such the delegation of legislative powers is of a normal nature.

BILL NO. 115 OF 1969

A Bill to provide for the setting up of a Council for the north-eastern

areas of India to he called the North-Eastern Council and for matters

connected therewith.

BE it enacted by Parliament in the Twentieth Year of the Republic

of India as follows: —

1, (1) This Act may be called the North-Eastern Council Act, 1969.

(2) It shall come into force on such date as the Central Government

Short title and commence- ment.

may, by notification in the Official Gazette, appoint.

2. In this Act, unless the context otherwise requires,—

Defini- tions.

(a) "Council" means the North-Eastern Council established

under this Act;

(b) "Meghalaya" means the autonomous State known as Megha- laya constituted under section 3 of the Assam Reorganisation (Megha- laya) Act, 1969;

(e) ""North-East Frontier Agency" has the meaning assigned to it in the North-East Frontier Areas (Administration) Regulation, 1954; and

Regula- tion 1 of 1954.

(d) "State" includes Meghalaya, the Union territories of BTani-

pur and Tripura and the Nprth-East Frontier Agency.

3. There shall be a Council to be called the North-Eastern Council which shall consist of the following members, namely:—

(a) the Governor of Assam, who shall be the Chairman thereof;

(b) the Chief Ministers of Assam and Meghalaya;

Establish- ment and Composi- tion of the North- Eastern Council.

(c) a Minister each from the State of Assam and from Megha- laya to be nominated by the Governor on the recommendation of " the Chief Minister concerned;

(d) the Administrators of the Union territories of Manipur and Tripura; and

(e) the Chief Ministers of Manipur and Tripura :

Provided that if at any time the Government of Naga"!and expresses its desire to be represented on the Council, the Chief Minister of that State and one other Minis! er to be nominated by the Governor shall also be members of the Council:

Provided further that if there is no Council of Ministers in any State referred to in this section, the President may, if lie deems it neces- sary so to do, nominate not more than one person to represent the State on the Council for so long as there is no Council of Ministers in such i State.

Functions of the Council.

4. (1) The Council shall be an advisory body and may discuss any matter in which pome or all of the States represented on the Council have a common interest and advise the Government of each State con- cerned as to the action to be taken on any such matter.

(2) In particular, and without prejudice to the generality of the pro- visions of sub-section (1), the Council may—

(a) formulate for the States represented thereon a unified and co-ordinated regional plan in respect of puch plan schemes for those States as are of common jnvoortance to the north-eastern areas of India, such as schemes relating to *ntr--State communications, com- mon irrigation, power and flood control projects, agricultural production to achieve regional food '^elf-sufficiency and balanced industrial development of the region;

(b) review from time to time the implementation of the sche- mes included in the regional plan and recommend measures for effecting co-ordination in implementation of the schemes by the Governments of the States concerned;

(c) discuss and make recommendations with regard to—

(!) any other matter of common interest in the field of economic and social planning, and

(ii) any matter concerning border disputes, linguistic minori- ties or inter-State transport.

Meetings of the Council.

5. (1) The Council shall meet at such time as the Chairman of the Council may appoint in this behalf and shall, subject to the other pro- visions of this section, observe such rules of procedure in regard to trans- action of business at its meetings as it may, with the approval of the Central Government, lay down from time to time.

(2) The Chairman or in his absence any other member chosen by the members present from amongst themselves shall preside at a meeting of the Council.

(3) All questions at a meeting of the Council shall be decided L,, _ majority of votes of the members present and in the case OJE an equality of votes the Chairman, or, in his absence, any other person presiding shall have a second or casting vote.

(4) The proceedings of every meeting of the Council shall be for- warded to the Central Government and also to the Government of each State represented on the Council.

Advisers.

6. (1) The Council shall have the following persona as Advisers to assist the Council in the performance of its duties, namely :—

(a) one person nominated by the Planning CoinmissiGii; and

(fa) one person nominated by the Ministry of the Central Govern- ment dealing with Finance.

(2) Every Adviser to the Council shall have the right to take part in the discussions of the Council but shall not have a right to vote at a meeting of the Council.

7. (1) There shall be a Committee of the Council called the Co-ordina- tion Committee consisting of—

Coordina- tion Com- mittee.

(a) the Governor of Assam and the Chief Ministers of Assam and Meghalaya; and

(b) the Administrators and Chief Ministers of the Union terri- tories of Manipur and Tripura:

Provided that as and when the State of Nagaland is also represented on the Council, the Chief Minister of that State shall be a member of the Committee.

(2) The Governor of Assam shall be the Chairman of the Committee.

(3) It shall be the duty of the Co-ordination Committee to review from time to time the measures taken by the States represented on the Council for the maintenance of security and public order therein and to recommend to the Governments ox the States concerned further measures necessary in this regard.

(4) The Committee shall observe such rules of procedure in regard to transaction of business at its meetings as the Council may, with the approval of the Central Government, lay down from time to time.

8. (2) The Council shall have a secretarial stall consisting of a Secre- tary, a Planning Adviser and such other officers and employees as the Central Government may by order determine.

Office and staff of the Council.

(2) The office of the Council shall bo located at such place as may be determined by tho Council,

(3) The administrative expense-, o[ the said office, including the salaries and allowances payable to, or in respect of, members of the secre- tarial staff of the Council, shall be born" by the Central Government out of moneys provided by Parliament for the purpose.

STATEMENT OF OBJECTS AND REASONS

The North-Eastern Region of our country as a whole occupies an im- portant and vital position which calls for an integrated and well co-ordi- nated approach towards development as also security of the region. In order to further this basic objective, it is proposed to provide for the set- ting up of a high level Council consisting of representatives of the States and other administrative units in the North-Eastern Region. The main task of the Council would be to identify development schemes which would be of importance to the region as a whole, review their implemen- tation by the Governments of the participating units, and also recommend measures for effecting co-ordination. The Council would also make re- commendations regarding matters of common interest to them. It is also proposed to provide for the setting up of a committee of the; Council which could review from time to time the measures taken by the States represented thereon for maintenance of security and public order in the region and recommend further measures necessary in this regard.

2. The Bill seeks to achieve the above objects.

NEW DELHI; Y. B. CHAVAN

The 9th December, 1969.

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

[Copy of letter No. 24/19768-SR, dated the 10th December, 1969 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 to provide for the setting up of a Council for the north-eastern areas of India to be called the North-Eastern Council and for matters connected therewith, recommends the consideration of the Bill in the Lok Sabha under article 117 (3) of the Constitution.

FINANCIAL MEMORANDUM

The Bill provides for the formation of the North-Eastern Council and clause 8 provides for the secretariat staff for the Council consisting of a Secretary, a Planning Adviser and such other officers and employees as the Central Government may by order determine. Sub-clause (3) of clause 8 provides that the administrative expenses of the office of the pro- posed North-Eastern Council including salaries and allowances payable to the members of the Secretarial staff shall be borne by the Central Government out of moneys provided by Parliament for the purpose. It is proposed that the Secretary and the Planning Adviser should be senior officers. The Planning Adviser will have, to begin with, three experts and the necessary supporting staff. The office of the Secretary, at the initial stage, will have a junior officer and a small establishment to assist him. The size of the secretariat of the Council will have to be determined in the light of experience and the actual needs. The set up of the secre- tariat as at present envisaged will involve approximately a recurring expenditure of Rs. 3,24,000 per annum and non-recurring expenditure of Rs. 57,000 on account of purchase of furniture, staff-car and office equip- ment, etc.

2. Clause 6 of the Bill provides that the proposed North-Eastern Coun- cil shall have as advisers one person nominated by the Planning Com- mission and another nominated by the Ministry of Finance. As the head- quarters of the Council is expected to be at Shillong, the Advisers nomi- nated under the clause will have to undertake journeys for attending meetings of the Council. The estimated expenditure on account of tra- velling allowance of officers will bo about Rs. 8,000 per annum.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 5(1) of the Bill empowers the proposed North-Eastern Council to lay down with the approval of the Central Government the rules of procedure in regard to transaction of business at the meetings of the Council. Clause 7(4) of the Bill empowers the Council to lay down with the approval of the Central Government the rules of procedure which shall be observed by the Co-ordination Committee of the Council in re- gard to transaction of business at the meetings of the Committee. As the matters in respect of which the Council may lay down rules under the afore-mentioned provisions of the Bill are matters of procedure, the dele- gation of legislative power is of a normal character.

BILL N O. 110 OF 1969

A Bill further to amend the Requisitioning and Acquisition of Immovable

Property Act, 1952.

BE it enacted by Parliament in the Twentieth Year of the Republic

of India as follows: —

1. This Act may be called the Requisitioning and Acquisition of

Short title.

Immovable Property (Amendment) Act, 1969.

2. In section 1 of the Requisitioning a nd Acqtiisition of Immovable

Property Act, 1952 (hereinaftw referred to as the principal Act), sub-

W ot 1032

Amend- ment of Section

1 section (3) shall be omitted.

3. In section 6 of the principal Act,—

(a) after sub-section (1), the following sub-section shall b" Amend- ment of saction 6

inserted, namely:—

"(1A) Notwithstanding anything contained in sub-section (1), the Central Government shall release from requisition,—

(a) any property requisitioned or deemed to be requisi- tioned under this Act before the commencement of the ltc- quisitioning and Acquisition of Immovable Property (Amend- ment) Act, 1969, on or before the expiry of a period of ten years from such commencement;

(b) any property requisitioned under this Act after such commencement, on or before the expiry of a period of ten years from the date on which possession of such property was surrendered or delivered to, or taken by, the competent authority under section 4,

unless such property is acquired under section 7 within the period of ten years aforesaid.".

(b) in sub-section (2), after the words "released from requisi- tion", the words, brackets, figures and letter "under sub-section (1) or sub-section (1A)" shall be inserted.

4. In section 8 of the principal Act,—

Amend- ment ol section 8.

(a) in sub-section (2), for the words "compensation payable for the requisitioning of any property shall consist of", the words, brackets, figures and letters "compensation payable for the requisi- tioning of any property shall, subject to the provisions of sub-sections (2 A) and (2B), consist of" shall be substituted;

(b) after sub-section (2), the following sub-sections shall be inserted, namely:—

"(2A) The recurring payment referred to in clause (a.) of sub-section (2), in respect of any property subject to requisition shall, unless the property is sooner released from requisition under section 6 or acquired under section 7, be revised in accordance with the provisions of sub-section (2B) with effect from the date of expiry of a period of five years from the date on which pos- session of such property was surrendered or delivered to, or taken by, the competent authority under section 4;

Provided that in the case of any property subject to requisi- tion immediately before the commencement of the Requisition- ing and Acquisition of Immovable Property (Amendment) Act, 1969 (including any property deemed to be requisitioned under this Act), such recurring payment shall, unless the property h sooner released from requisition under section 6 or acquired under section 7, b" so revised,—

(a) with effect from the date of such commencement SEC. 2J THE GAZETTE OF INDIA EXTRAORDINARY 1115

4 or, as the case may be, the appropriate authority under the law in pursuance of which such property was originally re- quisitioned, whichever is later; and

(b) again, on the expiry of a period of five years from the date on which the revision made under clause (a) takes effect.

(2B) The recurring payment in respect of any property shall be revised by re-detormining such payment in the manner and in accordance with the principles set out in sub-section (1) read with clause (a) of sub-section (2) as if such property had been requisitioned under this Act on the date with effect from which ihe revision has to be made under sub-section (2A)".

STATEMENT OF OBJECTS AND REASONS

The power to requisition and to acquire immovable properties for a public purpose was first provided in the Defence of India Act, 1939 which came to end on the 30th September, 1946. It was, however, found neces- sary to retain some of the properties for a longer period in the occupation of the Government. Therefore, it was provided in the Requisitioned Land (Continuance of Powers) Act, 1947 that any property which had been requisitioned under the Defence of India Act, 1939 would continue to remain under requisition. Subsequently, the Requisitioning and Acquisition of Immovable Property Act, 1952 was enacted to confer powers on the Government in this regard. Section 24 of the Act provided that any property which was subject to requisition under the Act of 1947 shall be deemed to have been requisitioned under the Requisitioning and Acquisition of Immovable Property Act, 1952. This Act was initially to remain in force for six years and was to expire on the 13th March, 1958. The life of the Act was, however, extended from time to time and it will now remain in foTce up to the 13th March, 1970.

2. Chapter VI of the Defence of India Act, 1962 provided for the requi- sitioning and acquisition of immovable property. The Act ceased to have effect with effect from the 10th July, 1968, namely six months after Pro- clamation of Emergency which was revoked with effect from the 10th January, 1968. As there were numerous properties requisitioned under the Defence of India Act, 1962, it was not found possible either to release them or to acquire them by the payment of compensation. The Requisi- tioning and Acquisition of Immovable Property (Amendment) Act, 1968, was, therefore, enacted to provide that the properties requisitioned under the Defence of India Act, 1962 shall be deemed to have been requisitioned under the Requisitioning and Acquisition of Immovable Property Act, 1952. Many properties which have been requisitioned under the Defence of India Act, 1962 and the Requisitioning and Acquisition of Immovable Property Act, 1952 are in the possession of the Ministry of Defence and also of some other Ministries. Although the Government is expeditiously implementing the policy of acquiring or de-requisitioning the requisi- tioned properties, a large number which are expected to be needed even after the 13th March, 1970 for public purposes will not have been acquir- ed by then. On many of these properties, valuable constructions of a permanent nature connected with national defence or the conduct of military operations or other Important public purpose have been put up. It will not be expedient to remove these structures for the purpose of release of the properties to the owners Denrl;n? a decision to acquire or release the properties. In addition, It is felt that there will always be need for! requisitioning or acquiring immovable properties for public purposes. The Law Commission of Tndia had recommended, in their Tenth Report, that the law of requisitioning should be embodied in a permanent code. It is accordingly proposed that the Requisitioning and Acquisition of Immovable Property Act, 1952, should be made a perma- nent piece of legislation.

3. Compensation once fixed under the Act cannot be revised during the entire period of tht requisitioning, as it is based on the rent that the

property would have fetched if it had been leased out on the date of the requisitioning. It is felt that it will be fair to the owners if the amount of compensation is reviewed quinquennially with reference to the cir- cumstances prevailing at the time of the review,

4. The Law Commission of India also recommended that no property should be kept under requisition for a period longer than five years and if, before the expiry of that period, the Government considered it neces- sary to acquire the property, they should be at libetrty to do so. If, how- ever, they decided not to acquire the property, it would not be proper to keep the property indefinitely under requisition. The period of five years is, however, considered inadequate for the purpose and it is pro- posed that the maximum period of requisitioning should be 10 years from the date of commencement of the proposed legislation in the case of properties already under requisition and 10 years from the date on which the possession is taken in the case of properties which may be requisi- tioned after such commencement.

5. The Bill seeks to achieve the abov" objects.

NEW DELHI;

K. K. SHAH.

The 2nd December, lfflf.

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

[Copy of letter No. 19012(3) |68-Pol.IV, dated the 8th December, 1969 from Shri K. K. Shah, Minister of Health and Family Planning and Works, Housing and Urban Development to the Secretary, Lok Sabha.]

The President having been informed about the subject matter of the Requisitioning and Acquisition of Immovable Property (Amendment) Bill, 1969, has recommended to the House the consideration of the Bill under article 117(3) of th" Constitution.

FINANCIAL MEMORANDUM

Clause 2 of the Bill seeks to make the principal Act a permanent one. This by itself would not necessarily involve any additional expenditure from the Consolidated Fund of India. The number of properties under requisition varies from time to time and as requisitioned propertiei can be acquired it is difficult to estimate the actual expenditure for any future period. At the moment the annual expenditure (towards pay- ment of compensation, etc.) under the Act is about Rupees ninety-seven lakhs.

2. Clause 3 of the Bill provides that the maximum period of requisitioning should be ten years from the date of enactment of the Bill in the case of properties already under requisition and ten years from the date on which possession is taken in the case of properties which may be requisitioned after that date unless such property is acquired under section 7 within the period of ten years aforesaid. The acquisition of immovable properties within the prescribed period will involve a non- recurring expenditure from the Consolidated Fund of India. In case all the properties now under requisition are to be acquired under section 7 of the principal Act, the total non-recurring expenditure will be approxi- mately Rs. 33 crores. This expenditure will be spread over a number of years. Moreover, it is not intended to acquire all the requisitioned properties and some of the properties will be de-requisitioned as and when possible.

3. Clause 4(b) of the Bill seeks to insert a new sub-section (2A) in section 8 of the principal Act which provides that the amount of com- pensation shall be reviewed quinquennially. In accordance with the provisions of new sub-section (2A), the amount of compensation payable for properties under requisition before and after the commencement of the legislation will have to be revised in the manner indicated in sub- section (2B). This provision will involve additional expenditure of a re- curring nature. It is estimated that during 1970-71, such additional ex- penditure will approximately be rupees one crore. There would ordi- narily be gradual reduction of this amount in subsequent years due to acquisition or de-requisitioning of the properties now under requisition.

S. L. SHAKDHER, Secretary.

PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD. HBW DELHI AND PUBLISHED BY THE MANAGER OP PUBLICATIONS, DBL1IL. 1 9 69