The North-Eastern Areas (Reorganisation) Act, 1971
# THE NORTH-EASTERN AREAS (REORGANISATION) ACT, 1971
 _________

 ARRANGEMENT OF SECTIONS
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PART I

PRELIMINARY

SECTIONS

1. Short title.
2. Definitions.


PART II

ESTABLISHMENT OF THE STATES OF MANIPUR AND TRIPURA AND FORMATION OF THE STATE OF

MEGHALAYA AND OF THE UNION TERRITORIES OF MIZORAM AND ARUNACHAL PRADESH

3. Establishment of the State of Manipur.
4. Establishment of the State of Tripura.
5. Formation of the State of Meghalaya.
6. Formation of the Union territory of Mizoram.
7. Formation of the Union territory of Arunachal Pradesh.
8. Territories of the State of the Assam.
9. Amendment of first Schedule to the Constitution.

PART III

REPRESENTATION IN THE LEGISLATURES

_The Council of States_

10. Amendment of Fourth Schedule to the Constitution.
11. Allocation of sitting members representing the existing Union territories of Manipur and Tripura.
12. Election to fill the seats allotted to the State of Meghalaya and the Union territories of Mizoram

and Arunachal Pradesh.

13. Amendment of section 27A of Act 43 of 1950.

_The House of the People_

14. Allocation of seats in the existing House of the People.
15. Parliamentary constituencies of the States of Manipur and Tripura and provision as to sitting

members.

16. Provision as to sitting members representing Cachar and Dhubri parliamentary constituencies in

the House of the People and the election of representative from Diphu parliamentary
constituency.

17. Parliamentary constituencies of the State of Meghalaya and provision as to sitting member

representing the Autonomous Districts parliamentary constituency in the House of the People and
the election of representative from Tura parliamentary constituency.

18. Parliamentary constituency of the Union territory of Mizoram.
19. Provision as to the member to represent Arunachal Pradesh in the House of the People.

_The Legislative Assemblies_

20. Allocation of seats in the Legislative Assemblies.
21. Amendment of Second Schedule to Act 43 of 1950.

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SECTIONS

22. Delimitation of constituencies.
23. Power of Election Commission to maintain delimitation orders up-to-date.
24. Validation of acts done previous to the commencement of the Act.
# 25. Amendment of Scheduled Castes Orders.
26. Amendment of Scheduled Tribes Orders.
27. Provision as to Provisional Legislative Assembly of the State of Meghalaya and as to Rules of

Procedure and Conduct of Business of the Legislative Assemblies of the States of Meghalaya,
Manipur and Tripura.

PART IV

HIGH COURT

28. Common High Court for Assam, Nagaland, Meghalaya, Manipur and Tripura.
28A. Establishment of separate High Courts for the States of Meghalaya, Manipur and Tripura.
28B. Judges of High Courts of Meghalaya, Manipur and Tripura.
28C. Jurisdiction of High Courts of Meghalaya, Manipur and Tripura.
28D. Custody of seal of High courts of Meghalaya, Manipur and Tripura.
28E. Practice and procedure in the High Courts of Meghalaya, Manipur and Tripura.
28F. Forms of writs and other processes.
28G. Powers of Judges.
28H. Procedure as to appeals to Supreme Court.
28-I. Transfer of proceedings from common High Court to the High Courts of Meghalaya, Manipur

and Tripura.

28J. Interpretation.
28K. Saving.
29. Jurisdiction of the common High Court.

30. Abolition of certain Courts.
31. Principal seat and other places of sitting of the common High Court.
32. Extension of jurisdiction of the common High Court to the Union territories of Mizoram and

Arunachal Pradesh.

33. Allocation of expenditure of the common High Court.
34. Special provisions relating to advocates and Bar Council.
35. Practice and procedure in the common High Court.
36. Custody of seal of the common High Court.
37. Form of writs and other processes.
38. Powers of Judges.
39. Procedure as to appeals to Supreme Court.
40. Transfer of proceedings from the High Court of Assam and Nagaland and the Courts of the

Judicial Commissioners to the common High Court.

41. Interpretation.
42. Right to appear or act in proceedings transferred to the common High Court.
43. Savings.

PART V

AUTHORISATION OF EXPENDITURE AND DISTRIBUTION OF REVENUES

44. Authorisation of expenditure pending sanction by Legislatures.
45. Appropriation of moneys for expenditure to the Union territory of Arunachal Pradesh.
46. Reports relating to the accounts of the Union territories of Manipur and Tripura.

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SECTIONS

47. Reports relating to the accounts of the autonomous State of Meghalaya.
48. Allowances and privileges of the Governors of Assam, Manipur, Meghalaya and Tripura.
49. Distribution of revenues.

PART VI

ASSETS AND LIABILITIES

50. Property, assets, rights, liabilities, obligations, etc., of the States of Manipur and Tripura.
51. Assets and liabilities of the State of Meghalaya.
52. Assets and liabilities (including public debt) relating to the Mizo District.

PART VII

PROVISIONS AS TO CERTAIN CORPORATIONS

53. Provisions as to certain Corporations.
54. Continuance of arrangements in regard to generation and supply of electric power and supply of

water.

55. Provisions as to Assam State Financial Corporation.
56. General provisions as to statutory corporations.
57. Temporary provisions as to continuance of certain existing road transport permits.
58. Special provision relating to retrenchment compensation in certain cases.
59. Special provisions as to income-tax.
60. Continuance of facilities in certain State institutions.

PART VIII

PROVISIONS AS TO SERVICES

61. Provisions relating to All-India Services.
62. Provision relating to Services in Manipur and Tripura.
63. Special provisions relating to members of Central Health Service.
64. Provisions relating to Services in the existing State of Assam.
65. Provisions relating to Services in the autonomous State of Meghalaya.
66. Other provisions relating to Services.
67. Provisions as to continuance of officers in same posts.
68. Advisory Committees.
69. Power of Central Government to give directions.

70. Provisions as to State Public Service Commission.

PART IX

LEGAL AND MISCELLANEOUS PROVISIONS

71. Amendment of articles 210, 239A, 244, 244A, 275, 332, 371B and Fifth and Sixth Schedules to

the Constitution.

72. Amendment of Act 2 of 1934.
73. Amendment of Act 64 of 1950.
74. Amendment of Act 37 of 1956.
75. Amendment of Act 20 of 1963.
76. Amendment of Act 56 of 1955 and the Tripura (Courts) Order, 1950.
77. Territorial extent of laws.
78. Continuance of existing District Councils and Regional Council and members thereof.

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SECTIONS

79. Power to adapt laws.
80. Power to construe laws.
81. Power to name authorities, etc., for exercising statutory functions.
82. Legal proceedings.
83. Rights of pleaders to practise in certain cases.
84. Transfer of pending proceedings.
85. Provisions as to continuance of courts, etc.
86. Effect of provisions of the Act inconsistent with other laws.
87. Power to remove difficulties.
87A. Power to remove difficulties.
88. Power to make rules.

THE FIRST SCHEDULE.

THE SECOND SCHEDULE.

THE THIRD SCHEDULE.
THE FOURTH SCHEDULE.

THE FIFTH SCHEDULE.

THE SIXTH SCHEDULE.


THE SEVENTH SCHEDULE.
THE EIGHTH SCHEDULE.

THE NINTH SCHEDULE.

THE TENTH SCHEDULE.


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# THE NORTH-EASTERN AREAS (REORGANISATION) ACT, 1971

 ACT NO. 81 OF 1971

[30th December, 1971.]

# An Act to provide for the establishment of the States of Manipur and Tripura and to provide for
 the formation of the State of Meghalaya and of the Union territories of Mizoram and Arunachal Pradesh by reorganisation of the existing State of Assam and for matters connected therewith.

BE it enacted by Parliament in the Twenty-second Year of the Republic of India as follows:—

PART I

PRELIMINARY

**1. Short title.—This Act may be called the North-Eastern Areas (Reorganisation) Act, 1971.**

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

(a) “Administrator” means the administrator of a Union territory appointed by the President under

article 239 of the Constitution;

(b) “appointed day” means the day[1] which the Central Government may, by notification in the

Official Gazette, appoint;

(c) “article” means an article of the Constitution;

(d) “common High Court” means the Gauhati High Court (the High Court of Assam, Nagaland,

Meghalaya, Manipur and Tripura) referred to in clause (b) of sub-section (1) of section 28:

2[Provided that on and from the commencement of the North-Eastern Areas (Reorganisation)

and Other Related Laws (Amendment) Act, 2012, the provisions of this clause shall have effect as if
for the brackets and words “(Assam, Nagaland, Meghalaya, Manipur and Tripura)”, the brackets and
words “(Assam, Arunachal Pradesh, Mizoram and Nagaland)” had been substituted;]

(e) “Election Commission” means the Election Commission appointed by the President under

article 324;

(f) “existing State of Assam” means the State of Assam as existing immediately before the

appointed day;

(g) “law” includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification

or other instrument having, immediately before the appointed day, the force of law in the whole or any
part of the existing State of Assam or the autonomous State of Meghalaya or the Union territory of
Manipur or the Union territory of Tripura, as the case may be;

(h) “sitting member”, in relation to either House of Parliament or the Legislative Assembly of the

existing State of Assam, means a person who, immediately before the appointed day, is a member of
that House or that Assembly;

(i) “successor State”, in relation to the existing State of Assam, means the State of Assam or

Meghalaya, and includes also the Union in relation to the Union territory of Mizoram;

(j) “treasury” includes a sub-treasury.

1. 21st January, 1972, vide notification No. G.S.R. 18(E), dated 6th January, 1972, _see Gazette of India, Extraordinary, Part II,_

s. 3(i).

2. The proviso ins. by Act 26 of 2012, s. 2 (w.e.f. 23-3-2013).

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PART II

ESTABLISHMENT OF THE STATES OF MANIPUR AND TRIPURA AND FORMATION OF THE STATE OF

MEGHALAYA AND OF THE UNION TERRITORIES OF MIZORAM AND ARUNACHAL PRADESH

**3. Establishment of the State of Manipur.—On and from the appointed day there shall be**

established a new State, to be known as the State of Manipur, comprising the territories which
immediately before that day were comprised in the Union territory of Manipur.

**4. Establishment of the State of Tripura.—On and from the appointed day there shall be established**

a new State, to be known as the State of Tripura, comprising the territories which immediately before that
day were comprised in the Union territory of Tripura.

**5. Formation of the State of Meghalaya.—On and from the appointed day there shall be formed a**

new State, to be known as the State of Meghalaya, comprising—

(a) the territories which immediately before that day were comprised in the autonomous State of

Meghalaya formed under section 3 of the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969);
and

(b) so much of the territories comprised within the cantonment and municipality of Shillong as did

not form part of that autonomous State,

and thereupon the said territotries shall cease to form part of the existing State of Assam.

**6. Formation of the Union territory of Mizoram.—On and from the appointed day there shall be**

formed a new Union territory, to be known as the Union territory of Mizoram, comprising the territories
which immediately before that day were comprised in the Mizo District in the existing State of Assam and
thereupon the said territories shall cease to form part of the existing State of Assam.

7. Formation of the Union territory of Arunachal Pradesh.—On and from the appointed day there

shall be formed a new Union territory, to be known as the Union territory of Arunachal Pradesh,
comprising the territories which immediately before that day were comprised in the tribal areas specified
in Part B of the table appended to paragraph 20 of the Sixth Schedule to the Constitution (but excluding
the areas covered by notification No. TAD/R/35/50/109, dated the 23rd February, 1951 issued by the
Governor of Assam under the proviso to sub-paragraph (3) of the said paragraph 20) and known as the
North-East Frontier Agency and thereupon the said territories shall cease to form part of the existing State
of Assam.

**8. Territories of State of the Assam.—On and from the appointed day the State of Assam shall**

comprise the territories of the existing State of Assam other than those specified in sections 5, 6 and 7.

**9. Amendment of first Schedule to the Constitution.—On and from the appointed day, in the First**

Schedule to the Constitution,—

(a) under the heading “I. THE STATES”,—

(i) in the paragraph relating to the territories of the State of Assam, the following shall be

added at the end, namely:—

“and the territories specified in sections 5, 6 and 7 of the North-Eastern Areas

(Reorganisation) Act, 1971”;

(ii) after entry 18 the following entries shall be inserted, namely:—

“19. Manipur The territory which immediately before the commencement of this
Constitution was being administered as if it were a Chief Commissioner’s
Province under the name of Manipur.

20. Tripura The territory which immediately before the commencement of this
Constitution was being administered as if it were a Chief Commissioner’s
Province under the name of Tripura.

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21. Meghalaya The territories specified in section 5 of the North-Eastern Areas
(Reorganisation) Act, 1971.”;

(b) under the heading “II. THE UNION TERRITORIES”.—

(i) entries 2 and 3 shall be omitted and entries 4 to 9 shall be re-numbered as entries 2 to 7

respectively;

(ii) after entry 7 as so re-numbered, the following entries shall be inserted, namely:—

“8. Mizoram The territories specified in section 6 of the North-Eastern Areas
(Reorganisation) Act, 1971.

9. Arunachal The territories specified in section 7 of the North-Eastern Areas
(Reorganisation) Act, 1971.”.

PART III

REPRESENTATION IN THE LEGISLATURES

_The Council of States_

**10. Amendment of Fourth Schedule to the Constitution.—On and from the appointed day, in the**

Fourth Schedule to the Constitution, in the Table,—

(a) for entries 19 to 22, the following shall be substituted, namely:—

“19. Manipur .. 1

20. Tripura .. 1

21. Meghalaya .. 1

22. Delhi .. 3

23. Pondicherry .. 1

24. Mizoram .. 1

25. Arunachal Pradesh .. 1”;

(b) for the figures “228”, the figures “231” shall be substituted.

**11. Allocation of sitting members representing the existing Union territories of Manipur and**

**Tripura.—On and from the appointed day the sitting members of the Council of States representing the**
existing Union territories of Manipur and Tripura shall be deemed to have been duly elected under
clause (4) of article 80 to fill the seat allotted to each of the States of Manipur and Tripura respectively in
that Council and the term of office of such sitting members shall remain unaltered.

**12. Election to fill the seats allotted to the State of Meghalaya and the Union territories of**

**Mizoram and Arunachal Pradesh.—As soon as may be after the appointed day steps shall be taken to**
fill the seats in the Council of States allotted to the State of Meghalaya and the Union territories of
Mizoram and Arunachal Pradesh.

**13. Amendment of section 27A of Act 43 of 1950. —On and from the appointed day, in section 27A**

of the Representation of the People Act, 1950,—

(a) in sub-section (1), for the words “For the purpose of filling any seat”, the words, brackets and

figure “Subject to the provisions of sub-section (5), for the purpose of filling any seat” shall be
substituted;

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(b) in sub-section (4), for the words “The electoral college for each of the Union territories of

Manipur, Tripura and Pondicherry”, the words “The electoral college for the Union territory of
Pondicherry” shall be substituted;

(c) after sub-section (4), the following sub-section shall be inserted, namely:—

“(5) The seat allotted in the Council of State to each of the Union territories of Mizoram and

Arunachal Pradesh shall be filled by a person nominated by the President in this behalf.”

_The House of the People_

**14. Allocation of seats in the existing House of the People.— (1) On and from the appointed day and**

until the dissolution of the existing House of the People, the allocation of seats to the States of Assam,
Manipur, Tripura and Meghalaya and the Union territories of Mizoram and Arunachal Pradesh in the
House of the People and the number of seats, if any, to be reserved for the Scheduled Castes and for the
Scheduled Tribes of each State and Union territory shall be as specified in the Table below and the First
Schedule to the Representation of the People Act, 1950 (43 of 1950), shall be deemed to have been
amended accordingly.

THE TABLE


Name of the State/Union

territory


Number of seats in the existing House of the

People


Total Reserved for

the Scheduled

Castes


Reserved for

the Scheduled

Tribes


1 2 3 4

I. STATES:

1. Assam . . . 14 1 2

2. Manipur . . . 2 .. 1

3. Tripura . . . 2 .. 2

4. Meghalaya . . . 2 .. 2

II. UNION TERRITORIES:

1. Mizoram . . . 1 .. 1


2. Arunachal

Pradesh


. . . 1 .. 1


(2) On and from the appointed day and until the dissolution of the existing House of the People, Part A

of Schedule II to the Delimitation of Parliamentary and Assembly Constituencies Order, 1966 shall stand
amended as directed in the First Schedule.

**15. Parliamentary constituencies of the States of Manipur and Tripura and provision as to**

**sitting members.—(1) On and from the appointed day and until the dissolution of the existing House of**
the People,—

(a) the two parliamentary constituencies of the existing Union territory of Manipur shall be

deemed to be the two parliamentary constituencies of the State of Manipur; and

(b) the two parliamentary constituencies of the existing Union territory of Tripura shall be deemed

to be the two parliamentary constituencies of the State of Tripura,

and the Delimitation of Parliamentary and Assembly Constituencies Order, 1966 shall be construed
accordingly.

(2) Every sitting member of the House of the People representing a parliamentary constituency which

on the appointed day, by virtue of the provisions of sub-section (1), becomes a parliamentary constituency

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of the State of Manipur or Tripura, as the case may be, shall, as from that day, be deemed to have been
elected under sub-clause (a) of clause (1) of article 81 to the House of the People from that constituency.

**16. Provision as to sitting members representing Cachar and Dhubri parliamentary**

**constituencies in the House of the People and the election of representative from Diphu**
**parliamentary constituency.—(1) The sitting member of the House of the People representing the Cachar**
parliamentary constituency which on the appointed day, by virtue of the provisions of sub-section (2) of
section 14, stands altered shall, as from that day, be deemed to have been elected under sub-clause (a) of
clause (1) of article 81 to the House of the People from that constituency as so altered.

(2) The sitting member of the House of the People representing the Dhubri parliamentary constituency

which on the appointed day, by virtue of the provisions of sub-section (2) of section 14, stands altered
shall, as from that day, be deemed to have been elected under sub-clause (a) of clause (1) of article 81 to
the House of the People from that constituency as so altered.

(3) As soon as may be after the appointed day election shall be held to the House of the People to elect

a representative from the Diphu parliamentary constituency as if the seat of the member elected to the
House of the People from that constituency has become vacant and the provisions of section 149 of the
Representation of the People Act, 1951 (43 of 1951) shall, so far as may be, apply in relation to such
election.

**17. Parliamentary constituencies of the State of Meghalaya and provision as to sitting member**

**representing the Autonomous Districts parliamentary constituency in the House of the People and**
**the election of representative from Tura parliamentary constituency.—(1) There shall be two**
parliamentary constituencies in the State of Meghalaya to be called the Shillong parliamentary
constituency and the Tura parliamentary constituency.

(2) The area falling within the Garo Hills district as it exists immediately before the appointed day

shall form the Tura parliamentary constituency and the remaining area in the State of Meghalaya shall
form the Shillong parliamentary constituency and the said two parliamentary constituencies shall be
deemed to have been delimited accordingly.

(3) The sitting member of the House of the People representing immediately before the appointed day

the Autonomous Districts parliamentary constituency shall, as from that day, be deemed to have been
elected under sub-clause (a) of clause (1) of article 81 to the House of the People from the Shillong
parliamentary constituency.

(4) As soon as may be after the appointed day election shall be held to the House of the People to elect

a representative from the Tura parliamentary constituency as if the seat of the member elected to the
House of the People from that constituency has become vacant and the provisions of section 149 of the
Representation of the People Act, 1951 (43 of 1951) shall, so far as may be, apply in relation to such
election.

**18. Parliamentary constituency of the Union territory of Mizoram.—The whole of the Union**

territory of Mizoram shall form one parliamentary constituency to be called the Mizoram parliamentary
constituency and as soon as may be after the appointed day election shall be held to the House of the
People to elect a representative from that constituency, as if the seat of the member elected to the House of
the People from that constituency has become vacant and the provisions of section 149 of the
Representation of the People Act, 1951 (43 of 1951) shall, so far as may be, apply in relation to such
election.

**19. Provision as to the member to represent Arunachal Pradesh in the House of the People.—The**

sitting member nominated to fill the seat allotted in the House of the People to the Tribal Areas of Assam
specified in Part B of the Table appended to paragraph 20 of the Sixth Schedule to the Constitution,
known as the North-East Frontier Agency, shall, on and from the appointed day, be deemed to have been
nominated to fill the seat allotted to the Union territory of Arunachal Pradesh in the House of the People.

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_The Legislative Assemblies_

**20. Allocation of seats in the Legislative Assemblies.—(1) On and from the appointed day, the total**

number of seats in the Legislative Assembly of the State of Assam, to be filled by persons chosen by direct
election from territorial constituencies, shall be reduced from one hundred and twenty-six to one hundred
and fourteen; and every sitting member of that Legislative Assembly representing a constituency which
ceases to be a constituency in the State of Assam by virtue of the provisions of sub-section (5) shall, as
from the appointed day, cease to be a member of that Legislative Assembly.

(2) The total number of seats in the Legislative Assembly of the State of Manipur, to be constituted at

any time after the appointed day, to be filled by persons chosen by direct election from territorial
constituencies shall be sixty, out of which one seat shall be reserved for the Scheduled Castes and nineteen
seats shall be reserved for the Scheduled Tribes.

(3) The total number of seats in the Legislative Assembly of the State of Tripura, to be constituted at

any time after the appointed day, to be filled by persons chosen by direct election from territorial
constituencies shall be sixty, out of which six seats shall be reserved for the Scheduled Castes and nineteen
seats shall be reserved for the Scheduled Tribes.

(4) The total number of seats in the Legislative Assembly of the State of Meghalaya, to be constituted

at any time after the appointed day, to be filled by persons chosen by direct election from territorial
constituencies shall be sixty, out of which fifty seats shall be reserved for the Scheduled Tribes.

(5) On and from the appointed day, Part B of Schedule II to the Delimitation of Parliamentary and

Assembly Constituencies Order, 1966 shall stand amended as directed in the First Schedule.

**21. Amendment of Second Schedule to Act 43 of 1950.—(1) In the Second Schedule to the**

Representation of the People Act, 1950,—

(i) under the heading “I. STATES:”,—

(a) in item 2 relating to Assam, for the figures “126”, the figures “114” shall be substituted;

(b) after item 17 and the entries relating thereto, the following shall be inserted, namely:—

“18. Manipur **..** 60 1 19

19. Tripura **..** 60 6 19

20. Meghalaya **..** 60 .. 50”;

(ii) under the heading “II. UNION TERRITORIES:” items 3 and 5 and the entries relating thereto

shall be omitted.

(2) The amendment made by clause (i)(a) of sub-section (1) shall have effect on and after the

appointed day in relation to the Legislative Assembly of the State of Assam and the amendments made by
clause (i)(b) and clause (ii) of sub-section (1) shall have effect in relation to the Legislative Assemblies of
the States of Manipur, Tripura and Meghalaya to be constituted at any time after the appointed day.

**22. Delimitation of constituencies.—(1) The Election Commission shall, in the manner herein**

provided, distribute, whether before or after the appointed day, the seats assigned to the Legislative
Assemblies of the States of Manipur, Tripura and Meghalaya under section 20 to single member territorial
constituencies and delimit them on the basis of the latest census figures having regard to the provisions of
the Constitution and to the following provisions:—

(a) all constituencies shall, so far as practicable, be geographically compact areas and in

delimiting them, regard shall be had to physical features, existing boundaries of administrative units,
facilities of communication and public convenience;

(b) every assembly constituency shall be so delimited as to fall only within one parliamentary

constituency;

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(c) constituencies in which seats are reserved for the Scheduled Castes shall be distributed in

different parts of the States and located, as far as practicable, in those areas where the proportion of
their population to the total population is comparatively large; and

(d) constituencies in which seats are reserved for the Scheduled Tribes shall, as far as practicable,

be located in those areas where the proportion of their population to the total population is the largest.

_Explanation.—In this section “latest census figures” means the census figures with respect to the State_

concerned ascertainable from the latest census of which the finally published figures are available.

(2) For the purpose of assisting in the performance of its functions under sub-section (1), the Election

Commission shall associate with itself as associate members,—

(a) in respect of the State of Manipur, all the sitting members of the House of the People

representing the Union territory of Manipur or, as the case may be, the State of Manipur under
sub-section (2) of section 15, and such six persons who were members of the Legislative Assembly of
the Union territory of Manipur immediately before its dissolution by order of the President published
in the Gazette of India, dated 16th October, 1969 with notification No. S. O. 4223, dated 16th October,
1969 of the Government of India in the Ministry of Home Affairs, as the President may, by order,
nominate;

(b) in respect of the State of Tripura, all the sitting members of the House of the People

representing the Union territory of Tripura or, as the case may be, the State of Tripura under
sub-section (2) of  section 15, and such six persons, being members of the Legislative Assembly of
the Union territory of Tripura as it functioned immediately before the 1st November, 1971, as the
President may, by order, nominate;

(c) in respect of the State of Meghalaya, the member of the House of the People representing the

Autonomous Districts parliamentary constituency or, as the case may be, the Meghalaya parliamentary
constituency under section 17, and such of the six members of the Legislative Assembly of the
autonomous State of Meghalaya constituted under section 62 of the Assam Reorganisation
(Meghalaya) Act, 1969 ( 55 of 1969) or, as the case may be, of the Provisional Legislative Assembly
of the State of Meghalaya referred to in section 27, as the President may, by order, nominate:

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 member falls vacant, it shall be filled, if

practicable, in accordance with the provisions of sub-section (2).

(4) A member of any Legislative Assembly nominated under clause (b) or clause (c) of sub-section (2)

shall continue to be an associate member notwithstanding that he ceases to be a member of such
Legislative Assembly, otherwise than consequent on the incurring of any disqualification.

(5) The Election Commission shall—

(a) publish its proposals for the delimitation of constituencies, together 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 further considered by it;

(b) consider all objections and suggestions which may have been received by it before the date so

specified;

(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.

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

Assembly of the concerned State.

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**23. Power of Election Commission to maintain delimitation orders up-to-date.—(1) The Election**

Commission may, from time to time, by notification in the Official Gazette,—

(a) correct any printing mistake in any order made under section 22 or any error arising therein

from inadvertent slip or omission;

(b) where the boundaries or name of any territorial division mentioned in any such order or orders

are or is altered, make such amendment 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 of the concerned State.

**24. Validation of acts done previous to the commencement of the Act.—All things done, and all**

steps taken, before the commencement of this Act with a view to delimiting the territorial constituencies of
the States of Manipur, Tripura and Meghalaya for the purpose of elections to the Legislative Assemblies
of those States shall, in so far as they are in conformity with the provisions of sections 22 and 23, be
deemed to have been done or taken under those sections as if those sections were in force at the time such
things were done or such steps were taken.

**25. Amendment of Scheduled Castes Orders.—(1) On and from the appointed day, the Constitution**

(Scheduled Castes) Order, 1950 shall stand amended as directed in the Second Schedule.

(2) On and from the appointed day, the Constitution (Scheduled Castes) (Union Territories) Order,

1951 shall stand amended as directed in the Third Schedule.

**26. Amendment of Scheduled Tribes Orders.—(1) On and from the appointed day the Constitution**

(Scheduled Tribes) Order, 1950 shall stand amended as directed in the Fourth Schedule.

(2) On and from the appointed day, the Constitution (Scheduled Tribes) (Union Territories) Order,

1951 shall stand amended as directed in the Fifth Schedule.

**27. Provision as to Provisional Legislative Assembly of the State of Meghalaya and as to Rules of**

**Procedure and Conduct of Business of the Legislative Assemblies of the States of Meghalaya,**
**Manipur and Tripura.—(1) On and from the appointed day and until the Legislative Assembly of the**
State of Meghalaya has been duly constituted and summoned to meet for the first session under the
provisions of the Constitution, the Provisional Legislative Assembly of the autonomous State of
Meghalaya, excluding the members nominated thereto, constituted under section 62 of the Assam
Reorganisation (Meghalaya) Act, 1969 (55 of 1969) and functioning immediately before the appointed
day, shall be the Provisional Legislative Assembly of the State of Meghalaya and that Assembly shall
exercise all the powers and perform all the duties conferred by the provisions of the Constitution on the
Legislative Assembly of that State:

Provided that for the purposes of this sub-section, the member representing the autonomous District of

United Khasi-Jaintia Hills in the said Provisional Legislative Assembly of the autonomous State of
Meghalaya shall be deemed also to represent the territories specified in clause (b) of section 5.

(2) The term of office of the members of the Provisional Legislative Assembly of the State of

Meghalaya shall, unless the said Legislative Assembly is sooner dissolved, expire immediately before the
first meeting of the Legislative Assembly of the State of Meghalaya.

(3) The persons who, immediately before the appointed day, are the Speaker and the Deputy Speaker

of the Provisional Legislative Assembly of the autonomous State of Meghalaya shall be the Speaker and
the Deputy Speaker respectively of the Provisional Legislative Assembly of the State of Meghalaya.

(4) The Rules of Procedure and Conduct of Business of the Provisional Legislative Assembly of the

autonomous State of Meghalaya, as in force immediately before the appointed day, shall, until rules are
made under clause (1) of article 208, be the Rules of Procedure and Conduct of Business of the
Provisional Legislative Assembly of the State of Meghalaya and of the Legislative Assembly of the State
of Meghalaya duly constituted under the provisions of the Constitution, subject to such adaptations as may
be made therein by the Speaker of the Legislative Assembly, concerned.

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(5) The Rules of Procedure and Conduct of Business of the Legislative Assembly of the Union

territory of Manipur, as in force immediately before its dissolution by order of the President published in
the Gazette of India, dated the 16th October, 1969 with notification No. S.O. 4223, dated the 16th October,
1969 of the Government of India in the Ministry of Home Affairs, shall, until rules are made under clause
(1) of article 208, be the Rules of Procedure and Conduct of Business of the Legislative Assembly of the
State of Manipur, subject to such modifications and adaptations as may be made therein by the Governor
of that State.

(6) The Rules of Procedure and Conduct of Business of the Legislative Assembly of the Union

territory of Tripura as in force immediately before the 1st November, 1971, shall, until rules are made
under clause (1) of article 208, be the Rules of Procedure and Conduct of Business of the Legislative
Assembly of the State of Tripura, subject to such modifications and adaptations as may be made therein by
the Governor of that State.

PART IV

HIGH COURT

**28. Common High Court for Assam, Nagaland, Meghalaya, Manipur and Tripura.—(1) On and**

from the appointed day,—

(a) the High Court of Assam and Nagaland shall cease to function and is hereby abolished;

(b) there shall be a common High Court for the States of Assam, Nagaland, Meghalaya, Manipur

and Tripura to be called the Gauhati High Court (the High Court of Assam, Nagaland, Meghalaya,
Manipur and Tripura);

(c) the Judges of the High Court of Assam and Nagaland holding office immediately before that

day shall, unless they have elected otherwise, become on that day the Judges of the common
High Court:

1[Provided that on and from the commencement of the North-Eastern Areas (Reorganisation)

and Other Related Laws (Amendment) Act, 2012, the common High Court shall be the High
Court for the States of Assam, Arunachal Pradesh, Mizoram and Nagaland and shall cease to have
its jurisdiction, powers and authority for the States of Meghalaya, Manipur and Tripura.]

(2) Nothing in clause (a) of sub-section (1) shall prejudice or affect the continued operation of any

notice served, injunction issued, direction given or proceedings taken before the appointed day by the
High Court of Assam and Nagaland under the powers then conferred upon that Court.

**2[28A. Establishment of separate High Courts for the States of Meghalaya, Manipur and**

**Tripura.—(1) On and from the commencement of the North-Eastern Areas (Reorganisation) and Other**
Related Laws (Amendment) Act, 2012, there shall be a High Court—


(a) for the State of Meghalaya to be called the High Court of Meghalaya;


(b) for the State of Manipur to be called the High Court of Manipur;


(c) for the State of Tripura to be called the High Court of Tripura.


(2) The principal seat of the High Court of Meghalaya, the High Court of Manipur and the High Court

of Tripura shall respectively be at such place as the President may, by notified order, appoint.

(3) Notwithstanding anything contained in sub-section (2), the Judges and division courts of the

High Court of Meghalaya, the High Court of Manipur and the High Court of Tripura may sit at such other
place or places in the States of Meghalaya, Manipur and Tripura respectively, other than their principal
seat as the Chief Justice of the respective High Court may, with the approval of the Governor of the State
concerned, appoint.

1. The proviso ins. by Act 26 of 2012, s. 3 (w.e.f. 23-3-2013).
2. Ins. by s. 4, ibid. (w.e.f. 23-3-2013).

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**28B. Judges of High Courts of Meghalaya, Manipur and Tripura.—(1) Such of the Judges of the**

common High Court holding office immediately before the commencement of the North-Eastern Areas
(Reorganisation) and Other Related Laws (Amendment) Act, 2012 as may be determined by the President
after ascertaining their option shall, on such commencement, cease to be the Judges of the common High
Court and become a Judge of the High Court of Meghalaya or the High Court of Manipur or the High
Court of Tripura, as the case may be.

(2) Every person who by virtue of sub-section (1) become a Judge of the High Court of Meghalaya or

the High Court of Manipur or the High Court of Tripura shall, except in the case where any such person is
appointed to be the Chief Justice of any of those High Courts, rank in the respective High Court according
to the priority of their respective appointments as Judges of the common High Court.

**28C. Jurisdiction of High Courts of Meghalaya, Manipur and Tripura.—The High Court of**

Meghalaya, the High Court of Manipur and the High Court of Tripura shall have, in respect of any part of
the territories included in the State of Meghalaya, the State of Manipur and the State of Tripura
respectively, all such jurisdiction, powers and authority as, under the law in force immediately before the
commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act,
2012, are exercisable in respect of that part of the said territories by the common High Court.

**28D. Custody of seal of High Courts of Meghalaya, Manipur and Tripura.—The law in force**

immediately before the commencement of the North-Eastern Areas (Reorganisation) and Other Related
Laws (Amendment) Act, 2012 with respect to the custody of the seal of the common High Court shall,
with the necessary modifications, apply with respect to the custody of the seal of the High Court of
Meghalaya, the High Court of Manipur and the High Court of Tripura, as the case may be.

**28E. Practice and procedure in the High Courts of Meghalaya, Manipur and Tripura.—The law**

in force immediately before the commencement of the North-Eastern Areas (Reorganisation) and Other
Related Laws (Amendment) Act, 2012 with respect to practice and procedure in the common High Court
shall, with necessary modifications, apply in relation to the High Court of Meghalaya, the High Court of
Manipur and the High Court of Tripura, and accordingly, the High Court of Meghalaya, the High Court of
Manipur and the High Court of Tripura shall, respectively, have all such powers to make rules and orders
with respect to practice and procedure as are immediately before the commencement of the North-Eastern
Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012 exercisable by the common
High Court:

Provided that any rules or orders which are in force immediately before the commencement of the

North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012 with respect to
the practice and procedure in the common High Court shall, until varied or revoked by rules or orders
made by the High Court of Meghalaya or the High Court of Manipur or the High Court of Tripura, as the
case may be, apply with the necessary modifications in relation to the practice and procedure in the High
Court of Meghalaya, the High Court of Manipur and the High Court of Tripura respectively, as if such
rules or orders were made by the respective High Court.

**28F. Forms of writs and other processes.—The law in force immediately before the commencement**

of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012 with
respect to the form of writs and other processes used, issued or awarded by the common High Court shall,
with the necessary modifications, apply with respect to the form of writs and other processes used, issued
or awarded by the High Court of Meghalaya, the High Court of Manipur and the High Court of Tripura.

**28G. Powers of Judges.—The law in force immediately before the commencement of the**

North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012 relating to the
powers of the Chief Justice, Single Judges and division courts of the common High Court and with
respect to all matters ancillary to the exercise of those powers shall, with the necessary modifications,
apply in relation to the High Court of Meghalaya, the High Court of Manipur and the High Court of
Tripura.

**28H. Procedure as to appeals to Supreme Court.—The law in force immediately before the**

commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act,
2012 relating to appeals to the Supreme Court from the common High Court and the Judges and division

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courts thereof shall, with the necessary modifications, apply in relation to the High Courts of Meghalaya,
Manipur and Tripura.

**28-I. Transfer of proceedings from common High Court to the High Courts of Meghalaya,**

**Manipur and Tripura.—(1) Except as hereinafter provided, the common High Court shall, as from the**
commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act,
2012, have no jurisdiction in respect of the States of Meghalaya, Manipur and Tripura.

(2) Such proceedings pending in the common High Court immediately before the commencement of

the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012 as are
certified, whether before or after that day, by the Chief Justice of that High Court, having regard to the
place of accrual of the cause of action and other circumstances to be proceedings which ought to be heard
and decided by the High Court of Meghalaya or the High Court of Manipur or the High Court of Tripura,
as the case may be, shall, as soon as may be after such certification, be transferred to the High Court of
Meghalaya or the High Court of Manipur or the High Court of Tripura, as the case may be.

(3) Notwithstanding anything contained in sub-sections (1) and (2) or in section 28A, but save as

hereinafter provided, the common High Court shall have, and the High Court of Meghalaya, the High
Court of Manipur and the High Court of Tripura shall not have, jurisdication to entertain, hear or dispose
of appeals, applications for leave to the Supreme Court, applications for review and other proceedings
where any such proceedings seek any relief in respect of any order passed by the common High Court
before the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws
(Amendment) Act, 2012:

Provided that if after any such proceedings have been entertained by the common High Court, it

appears to the Chief Justice of that High Court that they ought to be transferred to the High Court of
Meghalaya or the High Court of Manipur or the High Court of Tripura, he shall order that they shall be so
transferred, and such proceedings shall thereupon be transferred accordingly.

(4) Any order made by the common High Court—

(a) before the commencement of the North-Eastern Areas (Reorganisation) and Other Related

Laws (Amendment) Act, 2012, in any proceedings transferred to the High Court of Meghalaya, or the
High Court of Manipur or the High Court of Tripura by virtue of sub-section (2); or

(b) in any proceeding with respect to which the common High Court retains jurisdiction by virtue

of sub-section (3),

shall, for all purposes, have effect, not only as an order of the common High Court but also as an order
made by the High Court of Meghalaya, or the High Court of Manipur or the High Court of Tripura, as the
case may be.

**28J. Interpretation.—For the purposes of section 28H,—**

(a) proceedings shall be deemed to be pending in a Court until that Court has disposed of all

issues between the parties, including any issue with respect to the taxation of the costs of the
proceedings and shall include appeals, applications for leave to appeal to the Supreme Court,
applications for review, petitions for revision and petitions for writs; and

(b) references to a High Court shall be construed as including references to a Judge or division

Court thereof, and references to an order made by a Court or a Judge shall be construed as including
references to a sentence, judgment or decree passed or made by that Court or Judge.

**28K. Saving.—Nothing in sections 28A to 28J (both inclusive) shall affect the application to the High**

Court of Meghalaya, the High Court of Manipur and the High Court of Tripura of any provisions of the
Constitution, and the provisions of these sections shall have effect subject to any provision that may be
made on or after the commencement of the North-Eastern Areas (Reorganisation) and Other Related
Laws (Amendment) Act, 2012 with respect to the respective High Court by any Legislature or other
authority having power to make such provisions.]

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**29. Jurisdiction of the common High Court.—On and from the appointed day, the common**

High Court shall have, in respect of the territories comprised in the States of Assam, Manipur,
Meghalaya, Nagaland and Tripura, all such jurisdiction, powers and authority as under the law in force
immediately before the appointed day, are exercisable in respect of those territories by the High Court of
Assam and Nagaland or the Court of the Judicial Commissioner for Manipur, or the Court of the Judicial
Commissioner for Tripura, as the case may be.

**30. Abolition of certain Courts.—(1) On and from the appointed day, the Courts of the Judicial**

Commissioners for Manipur and Tripura shall cease to function and are hereby abolished.

(2) Nothing in sub-section (1) shall prejudice or affect the continued operation of any notice served,

injunction issued, direction given or proceedings taken before the appointed day by any of the Courts
abolished by that sub-section, under the powers then conferred upon that Court.

**31. Principal seat and other places of sitting of the common High Court.—(1) The principal seat of**

the common High Court shall be at the same place at which the principal seat of the High Court of Assam
and Nagaland is located immediately before the appointed day.

(2) The President may by notified order provide for the establishment of a permanent bench or

benches of the common High Court at one or more places within the territories to which the jurisdiction of
the High Court extends, other than the principal seat of the High Court, and for any matters connected
therewith:

Provided that before issuing any order under this sub-section, the President shall consult the Chief

Justice of the common High Court and the Governor of the State in which the bench or benches is or are
proposed to be established.

(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), the Judges and division

courts of the common High Court may also sit at such other place or places in the State of [1][Assam,
Arunachal Pradesh, Mizoram or Nagaland] as the Chief Justice may, with the approval of the Governor of
the State concerned, appoint.

**32. Extension of jurisdiction of the common High Court to the Union territories of Mizoram and**

**Arunachal Pradesh.—On and from the appointed day, the jurisdiction of the common High Court shall**
extend to the Union territories of Mizoram and Arunachal Pradesh:

2[Provided that on and from the commencement of the North-Eastern Areas (Reorganisation) and

Other Related Laws (Amendment) Act, 2012, the provisions of this section shall cease to have effect.]

**33. Allocation of expenditure of the common High Court.—The expenditure in respect of salaries**

and allowances of the Judges of the common High Court shall be allocated amongst the States of
3[Arunachal Pradesh, Mizoram and Nagaland] and the Union in such proportion as the President may, by
order, determine.

**34. Special provisions relating to advocates and Bar Council.—(1) Subject to any rule made or**

direction given by the common High Court in this behalf, any person, who immediately before the
appointed day, is an advocate entitled to practise in the High Court of Assam and Nagaland or in the Court
of the Judicial Commissioner for Manipur or in the Court of the Judicial Commissioner for Tripura, shall
be entitled to practise as an advocate in the common High Court.

(2) The right of audience in the common High Court shall be regulated in accordance with the like

principles as, immediately before the appointed day, are in force with respect to the right of audience in
the High Court of Assam and Nagaland:

Provided that as among the Advocates-General of the States of Assam, Manipur, Meghalaya,

Nagaland and Tripura, the right of audience shall be determined with reference to their dates of enrolment
as advocates.

1. Subs. by Act 26 of 2012, s. 5, for “Assam, Manipur, Meghalaya, Nagaland or Tripura” (w.e.f. 23-3-2013).
2. The proviso ins. by s. 6, ibid. (w.e.f. 23-3-2013).
3. Subs. by s. 7, ibid., for “Manipur, Meghalaya, Nagaland and Tripura” (w.e.f. 23-3-2013).

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(3) On and from the appointed day, in the Advocates Act, 1961 (25 of 1961) (hereafter in this Part

referred to as the Advocates Act), in section 3,—

(a) in sub-section (1),—

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

“(b) for the States of Assam, Manipur, Meghalaya, Nagaland and Tripura and the Union

territories of Mizoram and Arunachal Pradesh, to be known as the Bar Council of Assam,
Nagaland, Meghalaya, Manipur and Tripura.”;

(ii) in clause (e), for the words “Union territories of Tripura and the Andaman and Nicobar

Islands”, the words “Union territory of the Andaman and Nicobar Islands” shall be substituted;

(b) in sub-section (2), in clause (b), for the words “Bar Council of Assam”, the words “Bar

Council of Assam, Nagaland, Meghalaya, Manipur and Tripura” shall be substituted.

(4) The provisions of section 17 of the Advocates Act shall have effect in respect of the roll of the Bar

Council of Assam, Nagaland, Meghalaya, Manipur and Tripura subject to the modifications that,—

(a) for clause (a) of sub-section (1) of the said section 17, the following clause shall be

substituted, namely:—

“(a) all persons who were entered as advocates,—

(i) on the roll of the Bar Council of Assam and Nagaland immediately before the day

appointed under clause (b) of section 2 of the North-Eastern Areas (Reorganisation) Act,
1971;

(ii) on the roll of the Bar Council of West Bengal immediately before that day and who,

within three months from that day, express in such manner as the Bar Council of India may,
by rules, prescribe their intention in writing to practise within the jurisdiction of the Bar
Council of Assam, Nagaland, Meghalaya, Manipur and Tripura;”;

(b) in clause (a) of sub-section (3) of the said section 17, for the words and figures “with his date

of enrolment under the Indian Bar Councils Act, 1926,” (38 of 1926) the words “with his seniority on
the roll of the Bar Council of Assam and Nagaland or, as the case may be, the Bar Council of West
Bengal” shall be substituted.

(5) Notwithstanding anything contained in the Advocates Act, as amended or modified by


sub-sections (3) and (4),—


(a) in the case of the first Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura

under that Act, the fifteen members required to be elected under clause (b) of sub-section (2) of
section 3 of that Act, shall be nominated by the Chief Justice of the common High Court from
amongst the advocates who are entitled as of right of practise in that High Court and are ordinarily
practising within the territories comprised in the States of Assam, Manipur, Meghalaya, Nagaland and
Tripura and the Union territories of Mizoram and Arunachal Pradesh and the term of office of the
members so nominated shall be one year from the date of the first meeting of the Council or until
their successors are duly elected in accordance with the provisions of the said Act, whichever is
earlier;

(b) the names of persons entered on the roll of the Bar Council of Assam, Nagaland, Meghalaya,

Manipur and Tripura from the roll of the Bar Council of West Bengal in accordance with the
provisions of clause (a) of sub-section (1) of section 17 of the Advocates Act, as modified by
sub-section (4), shall, as from the date or dates on which the names are so entered, stand removed
from the roll of the Bar Council of West Bengal;

(c) any proceedings which were pending or which may be instituted against any person before or

by the Bar Council of Assam and Nagaland or by the Bar Council of West Bengal immediately before
his name is entered in the roll of the Bar Council of Assam, Nagaland, Meghalaya, Manipur and

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Tripura in accordance with the provisions of clause (a) of sub-section (1) of section 17 of the
Advocates Act, as modified by sub-section (4), may, after such entry, be continued or instituted
before or by the Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura;

(d) every person who, immediately before his name stands removed from the roll of the

Bar Council of West Bengal in accordance with the provisions of clause (b), is a member of the
Bar Council of West Bengal, shall cease to be a member of that Council as from the date on which his
name stands so removed from the roll of that Bar Council;

(e) the rules made or deemed to have been made by the Bar Council of Assam and Nagaland and

in force immediately before the date on which the first Bar Council of Assam, Nagaland, Meghalaya,
Manipur and Tripura is duly constituted in accordance with the provisions of clause (a), shall, subject
to such modifications and adaptations as may be made therein by the Chairman of the Bar Council of
Assam, Nagaland, Meghalaya, Manipur and Tripura, be deemed to be rules made by that Bar Council
and shall have effect accordingly.

(6)(a) As from the appointed day, the assets and liabilities of the Bar Council of Assam and Nagaland

shall pass to the Bar Council of Assam Nagaland, Meghalaya, Manipur and Tripura.

(b) The assets and liabilities of the Bar Council of West Bengal shall be apportioned between that Bar

Council and the Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura in such manner and
proportion as may be agreed upon by the Bar Councils and in default of agreement with reference to any
matter, the matter shall be referred to the Chairman of the Bar Council of India and his decision thereon
shall be final.

_Explanation.—Expressions used in this section but not defined in this Act shall have the meanings_

assigned to them respectively in the Advocates Act.


**35. Practice and procedure in the common High Court.—Subject to the provisions of this Part, the**

law in force immediately before the appointed day with respect to practice and procedure in the High
Court of Assam and Nagaland shall, with the necessary modifications, apply in relation to the common
High Court.

**36. Custody of seal of the common High Court.—The law in force immediately before the**

appointed day with respect to the custody of the seal of the High Court of Assam and Nagaland shall, with
the necessary modifications, apply with respect to the custody of the seal of the common High Court.

**37. Form of writs and other processes.—The law in force immediately before the appointed day**

with respect to the form of writs and other processes used, issued or awarded by the High Court of Assam
and Nagaland shall, with the necessary modifications, apply with respect to the form of writs and other
processes used, issued or awarded by the common High Court.

**38. Powers of Judges.—The law in force immediately before the appointed day with respect to the**

powers of the Chief Justice, single Judges and division courts of the High Court of Assam and Nagaland
and with respect to all matters ancillary to the exercise of those powers shall, with the necessary
modifications, apply in relation to the common High Court.

**39. Procedure as to appeals to Supreme Court.—The law in force immediately before the appointed**

day relating to appeals to the Supreme Court from the High Court of Assam and Nagaland and the Judges
and division courts thereof shall, with the necessary modifications, apply in relation to the common High
Court.

**40. Transfer of proceedings from the High Court of Assam and Nagaland and the Courts of the**

**Judicial Commissioners to the common High Court.—(1) All proceedings pending in the High Court of**
Assam and Nagaland and in the Courts of the Judicial Commissioners for Manipur and Tripura
immediately before the appointed day shall, from such day, stand transferred to the common High Court.

(2) Every proceeding transferred under sub-section (1) shall be disposed of by the common High

Court as if such proceeding was entertained by that High Court.

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(3) Any order made before the appointed day by the High Court of Assam and Nagaland or by the

Court of the Judicial Commissioner for Manipur or by the Court of the Judicial Commissioner for Tripura
shall, for all purposes, have effect not only as an order of that High Court or, as the case may be, of that
Court but also as an order of the common High Court.

**41. Interpretation.—For the purposes of section 40,—**

(a) proceedings shall be deemed to be pending in a court until that court has disposed of all issues

between the parties, including any issues with respect to the taxation of the costs of the proceedings
and shall include appeals, applications for leave to appeal to the Supreme Court, applications for
review, petitions for revision and petitions for writs; and

(b) references to a High Court shall be construed as including references to a Judge or division

court thereof; and references to an order made by a court or a Judge shall be construed as including
references to a sentence, judgment or decree passed or made by that court or Judge.

**42. Right to appear or act in proceedings transferred to the common High Court.—Any person**

who, immediately before the appointed day, is an advocate entitled to practise in the High Court of Assam
and Nagaland or in the Court of the Judicial Commissioner for Manipur or in the Court of the Judicial
Commissioner for Tripura and was authorised to appear or to act in any proceedings transferred from the
said High Court or Courts of the Judicial Commissioners to the common High Court under section 40,
shall have the right to appear or to act, as the case may be, in the common High Court in relation to those
proceedings.

**43. Savings.—Nothing in this Part shall affect the application to the common High Court of any**

provisions of the Constitution, and this Part shall have effect subject to any provision that may be made on
or after the appointed day with respect to that High Court by any Legislature or other authority having
power to make such provisions.

PART V

AUTHORISATION OF EXPENDITURE AND DISTRIBUTION OF REVENUES

**44. Authorisation of expenditure pending sanction by Legislatures.—(1) The President may, at any**

time before the appointed day, authorise by order such expenditure from the Consolidated Fund of the
State of Manipur or of the State of Tripura as he deems necessary for a period of not more than six months
beginning with the appointed day pending the sanction of such expenditure by the Legislative Assembly of
the State of Manipur or of the State of Tripura, as the case may be:

Provided that the Governor of Manipur or of Tripura may, after the appointed day, authorise by order

such further expenditure as he deems necessary from the Consolidated Fund of the State of Manipur or, as
the case may be, of the State of Tripura for any period not extending beyond the said period of six months.

(2) The President or, as the case may be, the Governor of the concerned State shall make separate

orders under sub-section (1) in respect of periods falling in different financial years.

(3) The Governor of Assam, exercising the functions as Governor in relation to the autonomous State

of Meghalaya by virtue of the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), may at any
time, before the appointed day, authorise by order such expenditure from the Consolidated Fund of the
State of Meghalaya as he deems necessary for a period of not more than six months beginning with the
appointed day pending the sanction of such expenditure by the Legislative Assembly of Meghalaya:

Provided that the Governor of Meghalaya may, after the appointed day, authorise such further

expenditure as he deems necessary from the Consolidated Fund of the State of Meghalaya for any period
not extending beyond the said period of six months.

(4) The Governors referred to in sub-section (3) shall make separate orders under that sub-section in

respect of periods falling in different financial years.

(5) The President may, at any time, before or after the appointed day authorise by order such

expenditure from the Consolidated Fund of India as he deems necessary for a period of not more than six

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months beginning with the appointed day for the administration of the affairs of the Union territory of
Mizoram pending the sanction of such expenditure by Parliament.

(6) The President shall make separate orders under sub-section (5) in respect of periods falling in

different financial years.

**45. Appropriation of moneys for expenditure to the Union territory of Arunachal Pradesh.—Any**

Act passed by Parliament for the appropriation of any money out of the Consolidated Fund of India to
meet the expenditure in respect of any part of the financial year 1971-72 in, or for the purposes of, the
tribal areas of Assam specified in Part B of the Table appended to paragraph 20 of the Sixth Schedule to
the Constitution shall, on and from the appointed day, have effect also in relation to the Union territory of
Arunachal Pradesh and it shall be lawful for the President to spend any amount in, or for the purposes of,
that Union territory out of the amounts authorised by such Act to be expended in, or for the purposes of,
the said tribal areas.

**46. Reports relating to the accounts of the Union territories of Manipur and Tripura.—(1) The**

reports of the Comptroller and Auditor-General of India referred to in section 49 of the Government of
Union Territories Act, 1963 (20 of 1963) relating to the accounts of the Union territory of Manipur or of
the Union territory of Tripura in respect of any period prior to the appointed day shall be submitted to the
Governor of Manipur or of Tripura, as the case may be, who shall cause them to be laid before the
Legislative Assembly of the State of Manipur or of the State of Tripura, as the case may be.

(2) The Governor of Manipur or of Tripura, as the case may be, may, by order,—

(a) declare any expenditure incurred out of the Consolidated Fund of the Union territory of

Manipur or of Tripura on any service in respect of any period prior to the appointed day during the
financial year 1971-72 or in respect of any earlier financial year in excess of the amount granted for
that service and for that year as disclosed in the reports referred to in sub-section (1) to have been duly
authorised, and

(b) provide for any action to be taken on any matter arising out of the said reports.

**47. Reports relating to the accounts of the autonomous State of Meghalaya.—(1) The reports of**

the Comptroller and Auditor-General of India relating to the accounts of the autonomous State of
Meghalaya in respect of any period prior to the appointed day shall be submitted to the Governor of
Meghalaya who shall cause them to be laid before the Legislative Assembly of the State of Meghalaya.

(2) The Governor of Meghalya may, by order,—

(a) declare any expenditure incurred out of the Consolidated Fund of the autonomous State of

Meghalaya on any service in respect of any period prior to the appointed day during the financial year
1971-72 or in respect of any earlier financial year in excess of the amount granted for that service and
for that year as disclosed in the reports referred to in sub-section (1) to have been duly authorised, and

(b) provide for any action to be taken on any matter arising out of the said reports.

**48. Allowances and privileges of the Governors of Assam, Manipur, Meghalaya and**

**Tripura.—The allowances and privileges of the Governors of Assam, Manipur, Meghalaya and Tripura**
shall, until provision in that behalf is made by Parliament by law under clause (3) of article 158, be such as
the President may, by order, determine.

**49. Distribution of revenues.—The President shall, by order, determine the grants-in-aid of the**

revenues of the States of Assam, Manipur, Meghalaya and Tripura and the share of each such State in the
Union duties of excise, estate duty and taxes on income and for that purpose amend thereby the relevant
provisions of the Union Duties of Excise (Distribution) Act, 1962 (3 of 1962), the Additional Duties of
Excise (Goods of Special Importance) Act, 1957 (58 of 1957), the Estate Duty (Distribution) Act, 1962
(9 of 1962) and the Constitution (Distribution of Revenues) Order, 1969 in such manner as he thinks fit.

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PART VI

ASSETS AND LIABILITIES

**50. Property, assets, rights, liabilities, obligations, etc., of the States of Manipur and**

**Tripura.—(1) All such property and assets within the Union territory of Manipur or of Tripura as are held**
immediately before the appointed day by the Union for purposes of governance of that Union territory
shall, on and from that day, pass to the State of Manipur or of Tripura, as the case may be, unless the
purposes for which such property and assets are so held are Union purposes:

Provided that the cash balance in the treasuries in the Union territory of Manipur or of Tripura before

the appointed day shall, as from that day, vest in the State of Manipur or of Tripura, as the case may be.

(2) All rights, liabilities and obligations (other than those relatable to, or in connection with, a Union

purpose), whether arising out of any contract or otherwise, which are, immediately before the appointed
day,—

(a) the rights liabilities and obligations of the Central Government arising out of, or in connection

with, the governance of the Union territory of Manipur or of Tripura; or

(b) the rights, liabilities and obligations of the Administrator of the Union territory of Manipur or

of Tripura in his capacity as such or of the Government of the Union territory of Manipur or of
Tripura,

shall, on and from the appointed day, be the rights, liabilities and obligations of the Government of the
State of Manipur or of Tripura, as the case may be.

(3) The right to recover arrears of—

(a) any tax or duty being a tax or duty enumerated in the state List in the Seventh Schedule to the

Constitution, or

(b) any duty referred to in article 268, or

(c) any tax under the Central Sales Tax Act, 1956 (74 of 1956),

which having fallen due in the Union territory of Manipur or of Tripura immediately before the appointed
day shall, on and from that day, pass to the State of Manipur or of Tripura, as the case may be.

(4) The provisions of this section shall not apply to or in relation to,—

(a) any institution, undertaking or project the expenditure in relation to which is, immediately

before the appointed day, met from and out of the Consolidated Fund of India;

(b) any property which has been placed by the Union at the disposal of the administration of the

Union territory of Manipur or of Tripura subject to the condition that the ownership thereof will
continue to vest in the Union.

_Explanation.—For the purposes of this section,—_

(a) “liability” includes liability in respect of any civil deposit, local fund deposit, charitable or

other endowment, provident fund account, pension or actionable wrong;

(b) “Union purposes” mean the purposes of Government relatable to any of the matters

mentioned in the Union List in the Seventh Schedule to the Constitution.

**51. Assets and liabilities of the State of Meghalaya.—(1) All rights, liabilities and obligations**

whether arising out of any contract or otherwise, which are, immediately before the appointed day, the
rights, liabilities and obligations of the autonomous State of Meghalya, including the rights, liabilities and
obligations apportioned or to be apportioned to the share of the autonomous State of Meghalaya by virtue
of section 58 of the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), shall, on and from the
appointed day, be the rights, liabilities and obligations of the State of Meghalya.

(2) All property and assets held by the autonomous State of Meghalya immediately before the

appointed day, including the property and assets apportioned or to be apportioned to the share of the

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autonomous State of Mehgalya by virtue of section 58 of the Assam Reorganisation (Meghalaya) Act,
1969 (55 of 1969) shall, on and from that day, pass to the State of Meghalya.

(3) Subject to the provisions of sub-sections (1) and (2) of this section and section 52, all rights,

liabilities and obligations whether arising out of any contract or otherwise, which are, immediately before
the appointed day, the rights, liabilities and obligations of the existing State of Assam and all property and
assets held by the existing State of Assam immediately before the appointed day shall be apportioned
between the State of Assam and the State of Meghalaya in accordance with the provisions contained in the
Sixth Schedule.

**52. Assets and liabilities (including public debt) relating to the Mizo District.—(1) All property**

and assets within the Mizo District which are, immediately before the appointed day, vested in the existing
State of Assam shall, as from that day, vest in the Union.

(2) Unless the Central Government otherwise directs, any stores, articles and other goods belonging to

the existing State of Assam and situated outside the Mizo District immediately before the appointed day
shall, as from that day, pass to the Union if such stores, articles or other goods are held for, or are relatable
to, the administration of that District.

(3) All rights, liabilities and obligations of the existing State of Assam in relation to the Mizo District

shall, as from the appointed day, be the rights, liabilities and obligations of the Union.

(4) The liability of the existing State of Assam to the Union in respect of the loans taken by that State

from the Central Government shall be reduced by an amount which bears such proportion to the total
public debt of that State immediately before the appointed day as the total expenditure on all capital works
and other capital outlays incurred or deemed to have been incurred up to that day by the existing State of
Assam in the Mizo District bears to the total expenditure on all capital works and other capital outlays
incurred or deemed to have been incurred by the existing State of Assam up to the appointed day:

Provided that for the purposes of this sub-section the total public debt of the existing State of Assam

shall exclude the public debt apportioned or apportionable to the autonomous State of Meghalaya under
section 58 of the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), and the total expenditure on
all capital works and other capital outlays incurred or deemed to have been incurred by the existing State
of Assam shall exclude such outlays incurred or deemed to have been incurred for the purposes of the
autonomous State under the said section.

(5) Nothing in this section shall apply to any amount which may be payable by the Union to the

existing State of Assam in respect of the expenditure incurred by that State in connection with internal
disturbances in the Mizo District.

PART VII

PROVISIONS AS TO CERTAIN CORPORATIONS

**53. Provisions as to certain Corporations.—(1) The following bodies corporate constituted for the**

existing State of Assam, namely:—

(a) the State Electricity Board constituted under the Electricity (Supply) Act, 1948 (54 of 1948);

and

(b) the State Warehousing Corporation established under the Warehousing Corporations Act, 1962

(58 of 1962),

shall, on and from the appointed day, continue to function in those areas in respect of which they were
functioning immediately before that day, subject to the provisions of this section and to such directions as
may, from time to time, be issued by the Central Government.

(2) Any directions issued by the Central Government under sub-section (1) in respect of the Board or

the Corporation may include a direction that the Act under which the Board or the Corporation was
constituted shall, in its application to that Board or Corporation, have effect subject to such exceptions and
modifications as the Central Government thinks fit.

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(3) The Board or the Corporation referred to in sub-section (1) shall cease to function as from, and

shall be deemed to be dissolved on, the expiry of a period of [1][thirty-eight months] from the appointed day
or such earlier date as the Central Government may, by order, appoint; and upon such dissolution, its
assets, rights and liabilities shall be apportioned between the successor States in such manner as may be
agreed upon among them within one year of the dissolution of the Board or the Corporation, as the case
may be, or if no agreement is reached, in such manner as the Central Government may, by order,
determine.

(4) Nothing in the preceding provisions of this section shall be construed as preventing the

Government of any of the successor States from constituting at any time on or after the appointed day, a
State Electricity Board or a State Warehousing Corporation for that State under the provisions of the Act
relating to such Board or Corporation; and if such a Board or a Corporation is so constituted in any of the
successor States before the dissolution of the Board or the Corporation referred to in sub-section (1),—

(a) provision may be made by order of the Central Government enabling the new Board or the

new Corporation to take over from the existing Board or Corporation all or any of its undertakings,
assets, rights and liabilities in that State, and

(b) upon the dissolution of the existing Board or Corporation,—

(i) any assets, rights and liabilities which would otherwise have passed to that State by or

under the provisions of sub-section (3) shall pass to the new Board or the new Corporation instead
of to that State;

(ii) any employees who would otherwise have been transferred to or re-employed by that State

under sub-section (3), read with clause (i) of sub-section (5), shall be transferred to or
re-employed by the new Board or the new Corporation instead of to or by that State.

(5) An agreement entered into between the successor States under sub-section (3) and an order made

by the Central Government under that sub-section or under clause (a) of sub-section (4) may provide for
the transfer or re-employment of any employees of the Board or the Corporation referred to in
sub-section (1),—

(i) to or by the successor States, in the case of an agreement under sub-section (3) or an order

made under that sub-section;

(ii) to or by the new Board or the new Corporation constituted under sub-section (4), in the case of

an order made under clause (a) of that sub-section,

and, subject to the provisions of section 58, also for the terms and conditions of service applicable to such
employees after such transfer or re-employment.

**54. Continuance of arrangements in regard to generation and supply of electric power and**

**supply of water.—If it appears to the Central Government that the arrangement in regard to the generation**
or supply of electric power or the supply of water for any area or in regard to the execution of any project
for such generation or supply has been or is likely to be modified to the disadvantage of that area by
reason of the fact that it is, by virtue of the provisions of Part II, outside the State in which the power
stations and other installations for the generation and supply of such power, or the catchment area,
reservoirs and other works for the supply of water, as the case may be, are located, the Central
Government may give such directions as it deems fit, to the State Government or other authority
concerned for the maintenance, so far as practicable, of the previous arrangement.

**55. Provisions as to Assam State Financial Corporation.—(1) The Assam State Financial**

Corporation established under the State Financial Corporations Act, 1951 (63 of 1951) shall, on and from
the appointed day, continue to function in those areas in respect of which it was functioning immediately
before that day, subject to the provisions of this section and to such directions as may, from time to time,
be issued by the Central Government.

1. Subs. by Act 3 of 1975, s. 2, for “three years” (w.e.f. 20-1-1975).

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(2) Any directions issued by the Central Government under sub-section (1) in respect of the

Corporation may include a direction that the said Act, in its application to the Corporation, shall have
effect subject to such exceptions and modifications as may be specified in the direction.

(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), the Board of Directors of

the Corporation may, with the previous approval of the Central Government and shall, if so required by
the Central Government, convene at any time after the appointed day a meeting for the consideration of a
scheme for the reconstitution or reorganisation or dissolution, as the case may be, of the Corporation,
including proposals regarding the formation of new Corporations, and the transfer thereto of the assets,
rights and liabilities of the existing Corporation, and if such a scheme is approved at a general meeting by
a resolution passed by a majority of the shareholders present and voting, the scheme shall be submitted to
the Central Government for its sanction.

(4) If the scheme is sanctioned by the Central Government either without modifications or with

modifications which are approved at a general meeting, the Central Government shall certify the scheme,
and upon such certification the scheme shall, notwithstanding anything to the contrary contained in any
law for the time being in force, be binding on the Corporations affected by the scheme as well as the
shareholders and creditors thereof.

(5) If the scheme is not so approved or sanctioned, the Central Government may refer the scheme to

such Judge of the common High Court as may be nominated in this behalf by the Chief Justice thereof,
and the decision of the Judge in regard to the scheme shall be final and shall be binding on the
Corporations affected by the scheme as well as the shareholders and creditors thereof.

(6) Nothing in the preceding provisions of this section shall be construed as preventing the

Government of the State of Meghalaya from constituting, at any time after the appointed day and with the
approval of the Central Government, a State Financial Corporation for that State under the State Financial
Corporations Act, 1951 (63 of 1951).

**56. General provisions as to statutory corporations.—(1) Save as otherwise expressly provided by**

the foregoing provisions of this Part, where any body corporate constituted under a Central Act, State Act
or Provincial Act for the existing State of Assam or any part thereof has, by virtue of the provisions of
Part II, become an inter-State body corporate, then, the body corporate shall, on and from the appointed
day continue to function and operate in those areas in respect of which it was functioning and operating
immediately before that day, subject to such directions as may from time to time be issued by the Central
Government, until other provision is made by law in respect of the said body corporate.

(2) Any directions issued by the Central Government under sub-section (1) in respect of any such

body corporate may include a direction that any law by which the said body corporate is governed shall, in
its application to that body corporate, have effect, subject to such exceptions and modifications as may be
specified in the direction.

**57.** **Temporary** **provisions** **as** **to** **continuance** **of** **certain** **existing** **road** **transport**

**permits.—(1) Notwithstanding anything contained in section 63 of the Motor Vehicles Act, 1939**
(4 of 1939), a permit granted by the State or a Regional Transport Authority in the existing State of Assam
shall, if such permit was, immediately before the appointed day, valid and effective in any area therein, be
deemed to continue to be valid and effective in that area after that day subject to the provisions of that Act
as for the time being in force in that area and it shall not be necessary for any such permit to be
countersigned by any State or Regional Transport Authority for the purpose of validating it for use in such
area:

Provided that the Central Government may, after consultation with the State Government or

Governments concerned, add to, amend or vary the conditions attached to the permit by the authority by
which the permit was granted.

(2) No tolls, entrance fees or other charges of a like nature shall be levied after the appointed day in

respect of any transport vehicle for its operations in any of the successor States under any such permit, if
such vehicle was immediately before that day exempt from the payment of any such tolls, entrance fees or
other charges for its operations within the existing State of Assam:

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Provided that the Central Government may, after consultation with the State Government or

Governments concerned, authorise the levy of any such tolls, entrance fees or other charges, as the case
may be.

**58. Special provision relating to retrenchment compensation in certain cases.—Where, on account**

of the reorganisation of the existing State of Assam under this Act, any body corporate constituted under a
Central Act, State Act or Provincial Act, any co-operative society registered under any law relating to
co-operative societies or any commercial or industrial undertaking of that State is reconstituted or
reorganised in any manner whatsoever or is amalgamated with any other body corporate, co-operative
society or undertaking, or is dissolved, and in consequence of such reconstitution, reorganisation,
amalgamation or dissolution, any workman employed by such body corporate or any such co-operative
society or undertaking, is transferred to, or re-employed by, any other body corporate, or in any other
co-operative society or undertaking, then, notwithstanding anything contained in section 25F, 25FF or
25FFF of the Industrial Disputes Act, 1947 (14 of 1947), such transfer or re-employment shall not entitle
him to any compensation under that section:

Provided that—

(a) the terms and conditions of service applicable to the workman after such transfer or

re-employment are not less favourable to the workman than those applicable to him immediately
before the transfer or re-employment; and

(b) the employer in relation to the body corporate, the co-operative society or the undertaking

where the workman transferred or re-employed is, by agreement or otherwise, legally liable to pay to
the workman, in the event of his retrenchment, compensation under section 25F, 25FF or 25FFF of the
Industrial Disputes Act, 1947 (14 of 1947), on the basis that his service has been continuous and has
not been interrupted by the transfer or re-employment.

**59. Special provisions as to income-tax.—Where the assets, rights and liabilities of anybody**

corporate carrying on business are, under the provisions of this Part, transferred to any other bodies
corporate which after the transfer carry on the same business, the losses or profits or gains sustained by the
body corporate first mentioned which, but for such transfer, would have been allowed to be carried
forward and set-off in accordance with the provisions of Chapter VI of the Income-tax Act, 1961
(43 of 1961), shall be apportioned amongst the transferee bodies corporate in accordance with the rules to
be made by the Central Government in this behalf and, upon such appointnment, the share of loss allotted
to each transferee body corporate shall be dealt with in accordance with the provisions of Chapter VI of
the said Act as if the transferee body corporate had itself sustained such loss in a business carried on by it
in the years in which these losses were sustained.

**60. Continuance of facilities in certain State institutions.—(1) The Government of the State of**

Assam or Meghalaya or, as the case may be, the Central Government in relation to the Union territory of
Mizoram shall, in respect of the institutions specified in the Seventh Schedule located in that State or
Union territory, continue to provide facilities to any other Government aforesaid and the people of the
States and Union territory aforesaid which shall not, in any respect, be less favourable to such Government
and people than what were being provided to them before the appointed day, for such period and upon
such terms and conditions (including those relating to any contributions to be made for the provision of
such facilities) as may be agreed upon between the said Governments before the expiry of a period of one
year from the appointed day or, if no agreement is reached before such expiry, as may be fixed by order of
the Central Government.

(2) The Central Government may at any time before the expiry of a period of one year from the

appointed day, by notification in the Official Gazette, specify in the Seventh Schedule any other institution
existing on the appointed day in the said States and Union territory and on the issue of such notification,
the said Schedule shall be deemed to be amended by the inclusion of the said institution therein.

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PART VIII

PROVISIONS AS TO SERVICES

**61. Provisions relating to All-India Services.—(1) In this section, the expression “joint cadre”,—**

(a) in relation to the Indian Administrative Service, has the meaning assigned to it in the Indian

Administrative Service (Cadre) Rules, 1954;

(b) in relation to the Indian Police Service, has the meaning assigned to it in the Indian Police

Service (Cadre) Rules, 1954; and

(c) in relation to the Indian Forest Service, has the meaning assigned to it in the Indian Forest

Service (Cadre) Rules, 1966.

(2) On and from the appointed day, there shall be constituted for the States of Assam and Meghalaya a

joint cadre of the Indian Administrative Service, a joint cadre of the Indian Police Service and a joint cadre
of the Indian Forest Service.

1[(3) On and from the appointed day, there shall be constituted for the States of Manipur and Tripura

and joint cadre of the Indian Administrative Service, a joint cadre of the Indian Police Service and a joint
cadre of the Indian Forest Services.]

(4) The initial strength and composition of each of the joint cadres referred to in sub-sections (2) and

(3) shall be such as the Central Government may, by order, determine before the appointed day.

(5) The members of each of the said Services borne on the Assam cadre thereof immediately before

the appointed day shall be allocated to the joint cadre of the same Service constituted under sub-section (2)
and to the Union territories cadre of that Service in such manner and with effect from such date or dates as
the Central Government may, by order, specify.

(6) Such members of each of the said Services borne on the Union territories cadre thereof

immediately before the appointed day, as the Central Government may, by order, specify, shall be
allocated to the joint cadre of the same Service constituted under sub-section (3) with effect from such
date or dates as may be specified in the order.

(7) Every person who, being a member of a State Civil Service of the existing State of Assam, is borne

on a Select List for promotion to the Assam cadre of an All-India Service immediately before the
appointed day shall, unless he is deemed to have been allocated to the Union under section 64, be deemed
to have been included in the same order as in that List, in the Select List for promotion to the joint cadre of
the same Service constituted under sub-section (2).

(8) Every person who, being a person deemed to have been allocated under section 62 for service in

connection with the affairs of the State of Manipur or the State of Tripura, is borne on a Select List for
promotion to the Union territories cadre of an All-India Service immediately before the appointed day,


1. Sub-section (3) shall stand substituted (date to be notified) by Act 39 of 2012, s. 2 to read as under:


“(3) On and from the date of commencement of the North-Eastern Areas (Reorganisation) Amendment Act, 2012, there

shall be constituted each for the State of Manipur and for the State of Tripura a separate cadre of the Indian Administrative
Service, a separate cadre of the Indian Police Service and a separate cadre of the Indian Forest Service.

(3A) The initial strength and composition of the State cadres referred to in sub-section (1) shall be such as the Central

Government may, by order, determine before the date of commencement of the North-Eastern Areas (Reorganisation)
Amendment Act, 2012.

(3B) The members of each of the said services borne on the joint cadre for the States of Manipur and Tripura in each

category of the All-India Services immediately before the commencement of the North-Eastern Areas (Reorganisation)
Amendment Act, 2012 shall be allocated to the State cadres of the same service constituted under sub-section (1) in such manner
and with effect from such date or dates as the Central Government may, by order, specify.

(3C) Nothing in this section shall be deemed to affect the operation, on or after the commencement of the North-Eastern

Areas (Reorganisation) Amendment Act, 2012, of the All-India Services Act, 1951 (61 of 1951), or the rules and regulations
made thereunder.”

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shall be deemed to have been included in the same order as in that List, in the Select List for promotion to
the joint cadre of the same Service constituted under sub-section (3).

(9) Every person who, being a person deemed to have been allocated to the Union under section 64, is

borne on a Select List for promotion to the Assam cadre of an All-India Service immediately before the
appointed day, shall be deemed to have been included in the Select List for promotion to the Union
territories cadre of the same Service and his position in the said Select List shall be determined by the
Central Government in consultation with the Union Public Service Commission.

(10) Nothing in this section shall be deemed to affect the operation after the appointed day of the

All-India Services Act, 1951 (61 of 1951), or the rules or regulations made thereunder.

**62. Provision relating to Services in Manipur and Tripura.—Every person who immediately before**

the appointed day is serving in connection with the affairs of the Union under the administrative control of
the Administrator of the Union territory of Manipur, or the Administrator of the Union territory of Tripura
(including a person who has been placed on deputation by the Administrator concerned with any other
authority), shall, unless otherwise directed by an order of the Central Government, be deemed to have
been allocated for service as from that day in connection with the affairs of the State of Manipur or, as the
case may be, of the State of Tripura:

Provided that no direction shall be issued under this section after the expiry of a period of one year

from the appointed day.

**63. Special provisions relating to members of Central Health Service.—Notwithstanding the**

provisions of section 62, every member of the Central Health Service who immediately before the
appointed day is holding any post in the Union territory of Manipur or the Union territory of Tripura,
being a post included in the authorised strength of that Service, shall, unless otherwise directed by the
Central Government, be deemed to be on deputation on and from the appointed day, to the Government of
the State of Manipur or, as the case may be, of the State of Tripura on the same terms and conditions of
service as are applicable to him under the Central Health Service Rules, 1963, but without any deputation
allowance:

Provided that the period of such deputation shall in no case extend beyond a period of three years from

the appointed day.

_Explanation.—In this section, “Central Health Service” means the Central Health Service constituted_

under the Central Health Service Rules, 1963.

**64. Provisions relating to Services in the existing State of Assam.—(1) Such persons serving in**

connection with the affairs of the existing State of Assam (including persons borne on any cadre of that
State and serving under the Government of the autonomous State of Meghalaya or on deputation to any
other Government or authority) as may be determined at any time before or after the appointed day,—

(a) by agreement between the Government of the existing State of Assam and the Government of

the autonomous State of Meghalaya or between the Government of the State of Assam and the
Government of the State of Meghalaya, as the case may be, or

(b) in default of any such agreement, by the Central Government,

may, notwithstanding anything in their terms of appointment or their conditions of service,—

(i) in a case referred to in clause (a), by one or more orders made by the Government of the

existing State of Assam or the Government of the State of Assam, as the case may be, or

(ii) in a case referred to in clause (b), by one or more orders made by the Central Government,

be required to serve in connection with the affairs of the State of Meghalaya and every such person shall
accordingly be deemed to have been allocated to that State with effect from such date as may be specified
in the order.

(2) Such persons serving in connection with the affairs of the existing State of Assam (including

persons borne on any cadre of the existing State of Assam and serving under the Government of the

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autonomous State of Meghalaya or on deputation to any other Government or authority), as the Central
Government may, at any time before or after the appointed day, determine after consultation with the
Government of the existing State of Assam or the Government of the State of Assam, as the case may be,
may, notwithstanding anything in the terms of their appointment or their conditions of service, by one or
more orders made by the Central Government, be required to serve in connection with the administration
of the Union territory of Mizoram, and every such person shall, accordingly, be deemed to have been
allocated to the Union with effect from such date as may be specified in the order:

Provided that every person borne on any cadre of the existing State of Assam and serving in the Mizo

District immediately before the appointed day shall, unless otherwise directed by the Administrator of the
Union territory of Mizoram, continue to serve on and from the appointed day, in connection with the
administration of that Union territory until any order is made under this sub-section in respect of such
person or the expiry of a period of three years from the appointed day, whichever is earlier.

**65. Provisions relating to Services in the autonomous State of Meghalaya.—Every person who**

immediately before the appointed day is serving in connection with the affairs of the autonomous State of
Meghalaya (including a person on deputation from the Government of that autonomous State to any other
Government or authority), not being a person to whom section 64 applies, shall be deemed to have been
allocated to serve as from that day in connection with the affairs of the State of Meghalaya.

**66. Other provisions relating to Services.—(1) Nothing in this section or sections 62 to 65 (both**

inclusive) shall be deemed to affect on or after the appointed day the operation of the provisions of
Chapter I of Part XIV of the Constitution in relation to determination of conditions of service of persons
serving in connection with the affairs of the State of Manipur, Meghalaya or Tripura or the Union territory
of Mizoram:

Provided that the conditions of service applicable immediately before the appointed day in the case of

any person deemed to have been allocated to the State of Manipur or the State of Tripura under section 62
or to the State of Meghalaya under sub-section (1) of section 64 or section 65 or to the Union under
sub-section (2) of section 64 shall not be varied to his disadvantage except with the previous approval of
the Central Government.

(2) All services prior to the appointed day rendered by a person—

(a) if he is deemed to have been allocated to any State under section 62 or section 64 or

section 65, shall be deemed to have been rendered in connection with the affairs of that State,

(b) if he is deemed to have been allocated to the Union in connection with the administration of

the Union territory of Mizoram, shall be deemed to have been rendered in connection with the affairs
of the Union,

for the purposes of the rules regulating his conditions of service.

(3) The provisions of sections 62, 64 and 65 shall not apply in relation to members of any All-India

Service.

**67. Provisions as to continuance of officers in same posts.—(1) Every person who, immediately**

before the appointed day is holding or discharging the duties of any post or office in connection with the
administration of the Union territory of Manipur or Union territory of Tripura, shall continue to hold the
same post or office in the State of Manipur, or, as the case may be, in the State of Tripura and shall be
deemed, on and from that day, to have been duly appointed to the post or office by the Government of, or
other appropriate authority in the State concerned.

(2) Where a person who immediately before the appointed day is holding or discharging the duties of

any post or office in connection with the affairs of the existing State of Assam and, as from the appointed
day, such duties become duties in connection with the affairs of the State of Meghalaya or administration
of the Union territory of Mizoram, then, he shall continue to hold the same post or office in that State or
Union territory and shall be deemed, on and from that day, to have been duly appointed to the post or
office by the Government or Administrator of, or other appropriate authority in, that State or Union
territory, as the case may be.

28


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(3) Where a person who immediately before the appointed day is holding or discharging the duties of

any post or office in connection with the affairs of the autonomous State of Meghalaya and, as from the
appointed day, such duties become duties in connection with the affairs of the State of Meghalaya, then, he
shall continue to hold the same post or office in the State of Meghalaya and shall be deemed, on and from
that day, to have been duly appointed to the post or office by the Government of, or other appropriate
authority in, the State of Meghalaya.

(4) Nothing in sub-section (1) or sub-section (2) or sub-section (3) shall be deemed to prevent a

competent authority, on and from the appointed day, from passing in relation to any person referred to in
that sub-section any order affecting his continuance in such post or office.

**68. Advisory Committees.—The Central Government may, by order, establish one or more Advisory**

Committees for the purpose of assisting it in regard to—

(a) the discharge of any of its functions under this Part; and

(b) the ensuring of fair and equitable treatment to all persons affected by the provisions of this

Part and the proper consideration of any representations made by such persons.

**69. Power of Central Government to give directions.—The Central Government may give such**

directions to the State Governments of Assam, Manipur, Meghalaya and Tripura and to the Administrator
of the Union territory of Mizoram as may appear to it to be necessary for the purpose of giving effect to
the foregoing provisions of this Part and the State Governments and the Administrator shall comply with
such directions.

**70. Provisions as to State Public Service Commission.—(1) The Public Service Commission for the**

existing State of Assam shall, on and from the appointed day, be deemed to be the Public Service
Commission for the State of Assam.

(2) Every person holding office immediately before the appointed day as Chairman or other member

of the Public Service Commission for the existing State of Assam shall, as from the appointed day, be the
Chairman or, as the case may be, the other member of the Public Service Commission for the State of
Assam.

(3) Every person who becomes Chairman or other member of the Public Service Commission for the

State of Assam on the appointed day under sub-section (2) shall—

(a) be entitled to receive from the Government of the State of Assam conditions of service not less

favourable than those to which he was entitled under the provisions applicable to him immediately
before the appointed day; and

(b) subject to the proviso to clause (2) of article 316, hold office or continue to hold office until

the expiration of his term of office as determined under the provisions applicable to him immediately
before the appointed day.

PART IX

LEGAL AND MISCELLANEOUS PROVISIONS

**71. Amendment of articles 210, 239A, 244, 244A, 275, 332, 371B and Fifth and Sixth Schedules**

**to the Constitution.—On and from the appointed day—**

(a) in article 210, in the proviso to clause (2), for the words “Legislature of the State of Himachal

Pradesh”, the words “Legislatures of the States of Himachal Pradesh, Manipur, Meghalaya and
Tripura” shall be substituted;

(b) in article 239A, in clause (1), the words “Manipur, Tripura,” shall be omitted;

(c) in article 244,—

(i) in clause (1), for the words “the State of Assam”, the words “the States of Assam and

Meghalaya” shall be substituted;

29


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(ii) in clause (2), for the words “the State of Assam”, the words “the States of Assam and

Meghalaya and the Union territory of Mizoram” shall be substituted;

(d) in article 244A, in clause (1), for the word and letter “Part A”, the word and figure “Part I”

shall be substituted;

(e) in article 275, in clause (a) of the second proviso to clause (1), for the word and letter “Part A”,

the word and figure “Part I” shall be substituted;

(f) in article 332,—

(i) in clause (5), the words “except in the case of the constituency comprising the cantonment

and municipality of shillong” shall be omitted;

(ii) in clause (6), the words “except from the constituency comprising the cantonment and

municipality of Shillong” shall be omitted;

(g) in article 371B, for the word and letter “Part A”, the word and figure “Part I” shall be

substituted;

(h) in the Fifth Schedule to the Constitution, in paragraph 1, for the words “State of Assam”, the

words “States of Assam and Meghalaya” shall be substituted;

(i) the Sixth Schedule to the Constitution shall stand amended as directed in the Eighth Schedule.

**72. Amendment of Act 2 of 1934.—On and from the appointed day, in section 21A of the Reserve**

Bank of India Act, 1934, in sub-section (1), the brackets and words “(including the autonomous State of
Meghalaya)” shall be omitted.

**73. Amendment of Act 64 of 1950.—On and from the appointed day, in section 47A of the Road**

Transport Corporations Act, 1950, in the _Explanation to sub-section (1), after clause (ii), the following_
clause shall be inserted, namely:—

“(iii) in relation to the Assam State Road Transport Corporation, shall mean the Government

of the State of Assam or of Meghalaya as formed under the North-Eastern Areas (Reorganisation)
Act, 1971.”.

**74. Amendment of Act 37 of 1956. —On and from the appointed day, in the States Reorganisation**

Act, 1956,—

(a) for clause (c) of section 15, the following clause shall be substituted, namely:—

“(c) the Eastern Zone, comprising the States of Bihar, West Bengal and Orissa;”;

(b) in sub-section (1) of section 16, clause (d) shall be omitted.

**75. Amendment of Act 20 of 1963.—On and from the appointed day, in the Government of Union**

Territories Act, 1963,—

(a) in clause (h) of sub-section (1) of section 2, the words “Manipur, Tripura,” shall be omitted;

(b) in section 44, sub-section (2) shall be omitted;

(c) section 52 shall be omitted.

**76. Amendment of Act 56 of 1955 and the Tripura (Courts) Order, 1950.—On and from the**

appointed day,—

(a) the Manipur (Courts) Act, 1955 shall stand amended as directed in the Ninth Schedule;

(b) the Tripura (Courts) Order, 1950 shall stand amended as directed in the Tenth Schedule.

**77. Territorial extent of laws.—The provisions of Part II shall not be deemed to have effected any**

change in the territories to which any law in force immediately before the appointed day extends or
applies, and the territorial references in any such law to the existing State of Assam or the autonomous
State of Meghalaya or the Union territory of Manipur or the Union territory of Tripura or the North-East

30


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Frontier Agency shall, until otherwise provided by a competent Legislature or other competent authority,
be construed as meaning the territories within that State or autonomous State or Union territory or Agency
immediately before the appointed day.

**78. Continuance of existing District Councils and Regional Council and members thereof.—For**

the removal of doubt, it is hereby declared that all District Councils and the Regional Council constituted
under the provisions of the Sixth Schedule to the Constitution and functioning immediately before the
appointed day in the respective autonomous districts and in the autonomous region shall, as from that day,
be deemed to have been constituted under the said Schedule as amended by clause (i) of section 71, read
with the Eighth Schedule and accordingly,—

(a) every such District Council and the Regional Council shall, unless sooner dissolved, continue

to function in the respective autonomous districts and in the autonomous region, notwithstanding that
any such district or region ceases to be comprised in the territories of the State of Assam, by virtue of
the provisions of Part II; and

(b) every member of such District Council or Regional Council shall continue to be a member

thereof for the unexpired term of his office as such.

**79. Power to adapt laws.—For the purpose of facilitating the application of any law in relation to any**

of the States of Union territories formed or established by the provisions of Part II, the appropriate
Government may, before the expiration of two years from the appointed day, by order, make such
adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or
expedient, and thereupon every such law shall have effect subject to the adaptations and modifications so
made until altered, repealed or amended by a competent Legislature or other competent authority.

_Explanation.—In this section, the expression “the appropriate Government” means—_

(a) as respects any law relating to a matter enumerated in the Union List in the Seventh Schedule

to the Constitution, the Central Government; and

(b) as respects any other law,—

(i) in its application to a State, the State Government, and

(ii) in its application to a Union territory, the Central Government.

**80. Power to construe laws.—(1) Notwithstanding that no provision or insufficient provision has**

been made under section 79 for the adaptation of a law made before the appointed 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 State of Assam, Manipur, Meghalaya or Tripura or to the Union territory of Mizoram or
Arunachal Pradesh construe the law in such manner, without affecting the substance, as may be necessary
or proper in regard to the matter before the court, tribunal or authority.

(2) Any reference to the High Court of Assam or the High Court of Assam and Nagaland or to the

Court of the Judicial Commissioner for Manipur or the Court of the Judicial Commissioner for Tripura in
any law shall, unless the context otherwise requires, be construed, on and from the appointed day, as a
reference to the common High Court.

**81. Power to name authorities, etc., for exercising statutory functions.—The Central Government,**

as respects the Union territory of Mizoram or Arunachal Pradesh and the State Government as respects
any new State established or formed by the provisions of Part II may, by notification in the Official
Gazette, specify the authority, officer or person who, as from the appointed day, shall be competent to
exercise such functions exercisable under any law in force on that day as may be mentioned in that
notification and such law shall have effect accordingly.

**82. Legal proceedings.—(1) Where immediately before the appointed day the Union is a party to any**

legal proceedings with respect to any property, right or liability and such property, right or liability
devolves on the State of Manipur or the State of tripura under this Act, then, the State of Manipur or, as
the case may be, the State of Tripura shall be deemed to be substituted for the Union as a party to those
proceedings and the proceedings may continue accordingly.

31


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(2) Where immediately before the appointed day the autonomous State of Meghalaya is a party to any

legal proceedings with respect to any property, right or liability of that State, and such property, right or
liability devolves on the State of Meghalaya under this Act, then, the State of Meghalaya shall be deemed
to be substituted for the autonomous State of Meghalaya as a party to those proceedings and the
proceedings may continue accordingly.

(3) Where immediately before the appointed day the existing State of Assam is a party to any legal

proceedings with respect to any property, rights or liabilities subject to apportionment under this Act, the
successor State, which succeeds to, or acquires a share in, that property or those rights or liabilities by
virtue of any provision of this Act, shall be deemed to be substituted for the existing State of Assam as a
party to those proceedings or added as a party thereto, as the case may be, and the proceedings may
continue accordingly.

**83. Rights of pleaders to practise in certain cases.—Any person who, immediately before the**

appointed day, is enrolled as a pleader entitled to practise in any subordinate courts in the existing State of
Assam shall, for a period of one year from that day, continue to be entitled to practise in those courts,
notwithstanding that the whole or any part of the territories within the jurisdiction of those courts has been
transferred to the State of Meghalaya or to a Union territory.

**84. Transfer of pending proceedings.—(1) Every proceeding pending immediately before the**

appointed day before a court (other than a High Court), tribunal, authority or officer in any area which on
that day falls within a State or Union territory shall, if it is a proceeding relating exclusively to the
territories which as from that day are the territories of another State or Union territory, stand transferred to
the corresponding court, tribunal, authority or officer in that other State or Union territory, as the case may
be.

(2) If any question arises as to whether any proceeding should stand transferred under sub-section (1),

it shall be referred to the common High Court and the decision of that High Court shall be final.

(3) In this section,—

(a) “proceeding” includes any suit, case or appeal; and
(b) “corresponding court, tribunal, authority or officer” in a State or a Union territory means—

(i) the court, tribunal, authority or officer in that State or Union territory in which or before

whom the proceeding would have lain if it had been instituted after the appointed day; or

(ii) in case of doubt, such court, tribunal, authority or officer in that State or Union territory as

may be determined after the appointed day by the Government of that State or the Central
Government, as the case may be, or before the appointed day by the Government of the existing
State of Assam or the Government of the autonomous State of Meghalaya or the Central
Government, as the case may be, to be the corresponding court, tribunal, authority or officer.

**85. Provisions as to continuance of courts, etc.—All courts and tribunals and all authorities**

discharging lawful functions throughout the existing State of Assam or the Union territory of Manipur or
the Union territory of Tripura or any part of such State or Union territory 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 Legislature or other competent authority, continue to exercise their
respective functions.

**86. Effect of provisions of the Act inconsistent with other laws.—The provisions of this Act shall**

have effect notwithstanding anything inconsistent therewith contained in any other law.

**87. Power to remove difficulties.—(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 purpose of removing the difficulty.

(2) Every order made under this section shall be laid before each House of Parliament.

**1[87A. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of**

this Act, as amended by the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment)

1. Ins. by Act 26 of 2012, s. 8 (w.e.f. 23-3-2013).

32


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Act, 2012, the Central Government may, by order published in the Official Gazette, make such provisions
not inconsistent with the provisions of this Act, as may appear to be necessary for removing the difficulty:

Provided that no such order shall be made under this section after the expiry of a period of two years

from the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws
(Amendment) Act, 2012.

(2) Every order made under this section shall be laid before each House of Parliament.]

**88. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,**

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

(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 session for a total period of thirty days [1][which may be comprised in one
session or in two or more successive sessions, and if before the expiry of the session immediately
following the session or the successive sessions aforesaid], 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 prejudice to the validity of anything previously done under that rule.

1. Subs. by Act 8 of 1974, s. 3, for “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” (w.e.f. 19-1-1974).

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THE FIRST SCHEDULE

[See sections 14 (2) and 20 (5)]

AMENDMENTS TO THE DELIMITATION OF PARLIAMENTARY AND ASSEMBLY

CONSTITUENCIES ORDER, 1966

In Schedule II to the Delimitation of Parliamentary and Assembly Constituencies Order, 1966,—

(1) in PART A.—PARLIAMENTARY CONSTITUENCIES,—

(a) for serial No. 1 and the entries relating thereto, the following shall be substituted,

namely:—

“1. **Cachar.—(11) Silchar, (12) Sonai, (13) Dholai, (14) Lakhipur, (15) Udharbond,**

(16) Borkhola.”;

(b) for serial No. 3 and the entries relating thereto, the following shall be substituted,

namely:—

“3. Diphu (S.T.).—(18) Haflong, (19) Bokajan, (20) Howraghat, (21) Baithalangso.”;

(c) for serial No. 4 and the entries relating thereto, the following shall be substituted,

namely:—

“4. Dhubri.—(31) Mankachar, (32) South Salmara, (33) Dhubri, (34) Gauripur,

(35) Golakganj, (36) Bilasipara.”;

(2) in PART B.—ASSEMBLY CONSTITUENCIES, serial Nos. 1, 2, 3 and 22 to 30 (both inclusive)

and the entries relating thereto shall be omitted.

34


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THE SECOND SCHEDULE

[See section 25 (1)]

AMENDMENTS TO THE CONSTITUTION (SCHEDULED CASTES) ORDER, 1950

In the Constitution (Scheduled Castes) Order, 1950,—

(1) in paragraph 2, for the figures “XIV”, the figures “XVII” shall be substituted;

(2) in paragraph 4,—

(a) for the words and figures “and any reference in Part XIV”, the words and figures “any

reference in Part XIV” shall be substituted;

(b) the following shall be added at the end, namely:—

“and any reference in Parts XV, XVI and XVII to a State shall be construed as a reference to
the State constituted as from the day appointed under clause (b) of section 2 of the
North-Eastern Areas (Reorganisation) Act, 1971”;

(3) in the Schedule, after Part XIV, the following Parts shall be inserted, namely:—

“PART XV—Manipur

Throughout the State:—

1. Dhupi or Dhobi

2. Lois

3. Muchi or Ravidas

4. Namasudra

5. Patni

6. Sutradhar

7. Yaithibi.

PART XVI—Meghalaya

Throughout the State:—

1. Bansphor 9. Kaibartta or Jaliya

10. Lalbegi
2. [Bhuinmali or Mali ]

11. Mahara
3. [Brittial-Bania or Bania ]

12. Mehtar or Bhangi
4. [Dhupi or Dhobi ]

13. Muchi or Rishi
5. [Dugla or Dholi ]

14. Namasudra
6. [Hira ]

15. Patni
7. [Jalkeot ]

16. Sutradhar.

8. [Jhalo, Malo or Jhalo-Malo ]

35


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PART XVII—Tripura

Throughout the State:—

1. Bagdi 20. Kanda

2. Baiti 21. Kanugh

3. Bhuimali 22. Keot

4. Bhunar 23. Khadit

5. Chamar or Muchi 24. Kharia

6. Dandasi 25. Khemcha

7. Dhenuar 26. Koch

8. Dhoba 27. Koir

9. Duai 28. Kol

10. Dum 29. Kora

11. Ghasi 30. Kotal

12. Gour 31. Mahisyadas

13. Gunar 32. Mali

14. Gur 33. Mehtor

15. Gorang 34. Musahar

16. Jalia Kaibartta 35. Namasudra

17. Kahar 36. Patni

18. Kalindi 37. Sabar.”.

19. Kan

36


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THE THIRD SCHEDULE



[See section 25 (2)]


AMENDMENTS TO THE CONSTITUTION (SCHEDULED CASTES) (UNION TERRITORIES)


ORDER, 1951


In the Constitution (Scheduled Castes) (Union Territories) Order, 1951,—


(1) for paragraph 4, the following paragraph shall be substituted, namely:—


“4. Any reference in this Order to a Union territory in Part I of the Scheduled shall be
construed as a reference to the territory constituted as a Union territory as from the 1st
day of November, 1956, any reference to a Union territory in Part II of the Schedule shall
be construed as a reference to the territory constituted as a Union territory as from the 1st
day of November, 1966 and any reference to a Union territory in Parts III and IV of the
Schedule shall be construed as a reference to the territory constituted as a Union territory
as from the day appointed under clause (b) of section 2 of the North-Eastern Areas
(Reorganisation) Act, 1971.”;


(2) in the Schedule,—


(a) Parts III and IV shall be omitted;


(b) Part V shall be re-numbered as Part II and after that Part as so re-numbered, the following

Parts shall be inserted, namely:—


“PART III—Mizoram


Throughout the Union territory:—


1. Bansphor 10. Lalbegi

2. Bhuinmali or Mali 11. Mahara

3. Brittial-Bania or Bania 12. Mehtar or Bhangi

4. Dhupi or Dhobi 13. Muchi or Rishi

5. Dugla or Dholi 14. Namasudra

6. Hira 15. Patni

7. Jalkeot 16. Sutradhar.

8. Jhalo, Malo or Jhalo-Malo

9. Kaibartta or Jaliya


PART IV—Arunachal Pradesh


Throughout the Union territory:—


1. Bansphor 10. Lalbegi

2. Bhinmali or Mali 11. Mahara

3. Brittial-Bania or Bania 12. Mehtar or Bhangi

4. Dhupi or Dhobi 13. Muchi or Rishi

5. Dugla or Dholi 14. Namasudra

6. Hira 15. Patni

37


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7. Jalkeot 16. Sutradhar.”.

8. Jhalo, Malo or Jhalo-Malo

9. Kaibartta or Jaliya

38


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THE FOURTH SCHEDULE



[See section 26 (1)]


AMENDMENTS TO THE COSTITUTION (SCHEDULED TRIBES) ORDER, 1950


In the Constitution (Scheduled Tribes) Order, 1950,—


(1) in paragraph 2, for the figures “XIII”, the figures “XVI” shall be substituted;


(2) in paragraph 3,—


(a) for the words and figures “and any reference in Part XIII”, the words and figures “any

reference in Part XIII” shall be substituted;


(b) the following shall be added at the end, namely:—


“and any reference in Parts XIV to XVI to a State shall be construed as a reference to the
State constituted as from the day appointed under clause (b) of section 2 of the
North-Eastern Areas (Reorganisation) Act, 1971”;


(3) in the Schedule,—


(a) in PART II—Assam, paragraph 2 shall be omitted and in paragraph 3, for the words

“excluding the Tribal areas”, the words “excluding the autonomous districts” shall be
substituted;


(b) after Part XIII, the following Parts shall be inserted, namely:—


“PART XIV—Manipur


Throughout the State:—


1. Aimol 19 Moyon

2. Anal 20. Paite

3. Angami 21. Purum

4. Chiru 22. Ralte

5. Chothe 23. Sema

6. Gangte 24. Simte

7. Hmar 25. Suhte

8. Kabui 26. Tangkhul

9. Kacha Naga 27. Thadou

10. Khoirao 28. Vaiphui

11. Koireng 29. Zou.

12. Kom

13. Lamgang

14. Any Mizo (Lushai) tribes

15. Maram

16. Maring

17. Mao

18. Monsang

39


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PART XV—Meghalaya


Throughout the State:—


1. Chakma (xvii) Khelma

(xviii) Kholhou
2. [Dimasa (Kachari) ]

(xix) Kipgen
3. [Garo ]

(xx) Kuki
4. [Hajong ]

(xxi) Lengthang
5. [Hmar ]

(xxii) Lhangum

6. [Khasi and Jaintia (including Khasi, ]

Synteng or Pnar, War, Bhoi or
Lyngngam)

# (xxiii) Lhoujem
7. [Any Kuki tribes, including: ]

# (xxiv) Lhouvum
(i) [Biate or Biete]

(xxv) Lupheng
(ii) [Changsan]

(xxvi) Mangjel
(ii) [Chongloi]

(xxvii) Misao
(iv) [Doungel]

(xxviii) Riang
(v) [Gamalhou]

(xxix) Siarhem
(vi) [Gangte]

(xxx) Selnam
(vii) [Guite]

(viii) [Hanneng] (xxxi) Singson

(ix) [Haokip or Haupit] (xxxii) Sitlhou

(x) [Haolai] (xxxiii) Sukte

(xi) [Hengna] (xxxiv) Thado

(xii) [Hongsungh] (xxxv) Thangngeu

(xiii) [Hrangkhwal or Rangkhol] (xxxvi) Uibuh

(xiv) [Jongbe] (xxxvii) Vaiphei

(xv) [Khawchung]

(xvi) Khanwathlang or Khothalong 8. Lakher

9. Man (Tai-Speaking)

10. Any Mizo (Lushai) tribes

11. Mikir

12. Any Naga tribes

13. Pawi

14. Synteng.

40


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PART XVI—Tripura


Throughout the State:—


(vii) Khareng
1. Lushai

(xi) Lentei
2. Mag

(xii) Mizel
3. Kuki, including the following sub-tribes:—

(i) Balte (xiii) Namte

(ii) Belalhut (xiv) Paitu, Paite

(iii) Chhalya (xv) Rangchan

(iv) Fun (xvi) Rangkhole

(v) Hajango (xvii) Thangluya

(vi) Jangtei (xiv) Paitu, Paite

(vii) Khareng

(viii) Khephong

(ix) Kuntei

(x) Laifang

4. Chakma

5. Garoo

6. Chaimal

7. Halam

8. Khasia

9. Bhutia

10. Munda including Kaur

11. Orang

12. Lepcha

13. Santal

14. Bhil

15. Tripura or Tripuri, Tippera

16. Jamatia

17. Noatia

18. Riang

19. Uchai.”.

41


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THE FIFTH SCHEDULE



[See section 26(2)]


AMENDMENTS TO THE CONSTITUTION (SCHEDULED TRIBES) (UNION TERRITORIES) ORDER, 1951


In the Constitution (Scheduled Tribes) (Union Territories) Order, 1951,—


(1) in paragraph 2, for the words and figures “Parts I to IV”, the words and figures “Parts I to III”

shall be substituted;


(2) for paragraph 3, the following paragraph shall be substituted, namely:—


“3. Any reference in this Order to a Union territory in Part I of the Scheduled shall be

construed as a reference to that territory constituted as a Union territory as from the 1st day of
November, 1956 and any reference to a Union territory in Parts II and III of the Schedule shall be
construed as a reference to the territory constituted as a Union territory as from the day appointed
under clause (b) of section 2 of the North-Eastern Areas (Reorganisation) Act, 1971.”;


(3) in the Schedule,—


(a) Parts II and III shall be omitted;


(b) Part IV shall be re-numbered as Part I and after that Part as so re-numbered, the

following Parts shall be inserted, namely: —


“PART II—Mizoram


Throughout the Union territory:—


(xi) Hengna

1. Chakma (xii) Hongsungh

2. Dimasa (Kachari) (xiii) Hrangkhwal or Rangkhol

3. Garo _(xiv) Jongbe_

4. Hajong (xv) Khawchung

5. Hmar (xvi) Khawathlang or Khothalong

6. Khasi and Jaintia (including Khasi, (xvii) Khelma

Synten or Pnar, War, Bhoi or

Lyngngam)

# 7. Any Kuki tribes, including: (xviii) Kholhou

(i) Biate or Biete (xix) Kipgen

(ii) Changsan (xx) Kuki

(iii) Chongloi (xxi) Lengthang

(iv) Doungel (xxii) Lhangum

(v) Gamalhou (xxiii) Lhoujem

(vi) Gangte (xxiv) Lhouvun

(vii) Guite (xxv) Lupheng

(viii) Hanneng (xxvi) Mangjel

_(ix) Haokip or Haupit_ (xxvii) Missao

42


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(xxviii) Riang
8. Lakher

(xxix) Sirphem 9. Man (Tai-Speaking)

(xxx) Selnam 10. Any Mizo (Lushai tribes)

(xxxi) Singson 11. Mikir

(xxxii) Sitlhou
12. Any Naga tribes

(xxxiii) Sukte
13. Pawi

(xxxiv) Thado
14. Synteng.

(xxxv) Thangngeu

(xxxvi) Uibuh

(xxxvii) Vaiphei


PART III—Arunachal Pradesh


Throughout the Union territory:—


All tribes of the Union territory including:


1. Abor 7. Khowa

2. Aka 8. Mishmi

3. Apatani 9. Momba

4. Dafla 10. Any Naga tribes

5. Galong 11. Sherdukpen

6. Khampti 12. Singpho.”.

43


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THE SIXTH SCHEDULE



[See section 53 (3)]


APPORTIONMENT OF ASSETS AND LIABILITIES


**1. Definitions.—In this Schedule,—**

(a) “population ratio”, in relation to the States of Assam and Meghalaya means the ratio of

93.58 to 6.42; and


(b) “transferred territories” means the territories which, as from the appointed day, become the

territories of the State of Meghalaya under section 5.

**2. Provisions of the Schedule to be applied to the apportionment of certain assets and**

**liabilities.—Where any asset or liability is required to be apportioned to the autonomous State of**
Meghalaya by virtue of section 58 of the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), but
has not been so apportioned before the appointed day, the provisions of this Schedule shall be applied
after apportionment under the said section has been effected.

**3. Apportionment of land, stores, etc.—(1) Subject to the other provisions contained in this**

Schedule, all land and all stores, articles and other goods belonging to the existing State of Assam shall,
on and from the appointed day,—

(a) in a case where such land, stores, articles and other goods are situated within the transferred

territories, pass to the State of Meghalaya; and


(b) in any other case, pass to the State of Assam;


Provided that where the Central Government is of the opinion that any goods or class of goods should

be distributed among the States of Assam and Meghalaya otherwise than according to the situation of the
goods, the Central Government may issue such directions, as it thinks fit, for a just and equitable
distribution of the goods and the goods shall pass to the States of Assam and Meghalaya accordingly.

(2) (a) Such of those lands and buildings as are held by the existing State of Assam, within the limits

of the cantonment and municipality of Shillong immediately before the appointed day as may be agreed
upon between the States of Assam and Meghalaya shall be available for the use of the State of Assam on
the appointed day and thereafter for such period as may be agreed upon between the said States.

(b) Where no agreement is reached between the States of Assam and Meghalaya on any of the matters

referred to in clause (a), the Central Government shall decide such matter and the decision of the Central
Government thereon shall be binding on the said States.

(c) Different periods may be agreed upon under clause (a) or decided under clause (b) for different

lands and buildings.

(d) Where any land or building is made available to the State of Assam under this sub-paragraph on

or after the appointed day, then, notwithstanding anything contained in this Schedule, the debt or other
liabilities in respect of such land or building shall pass to the State of Meghalaya only from the date from
which possession of the land or building is given to the State of Meghalaya and the amount of such debt
or other liability shall be determined by agreement between the States of Assam and Meghalaya or, in
default of any such agreement, by the Central Government.

(e) For so long as any land or building referred to in clause (a) is held by the State of Assam for its

use, it shall be the responsibility of that State to properly maintain such land or building from its own
funds.

(3) Stores relating to the Secretariat and the offices of Heads of departments having jurisdiction over

the areas comprised partly in the transferred territories and partly in the State of Assam and unissued
stores shall be divided between the States of Assam and Meghalaya in accordance with such directions as
the Central Government may think fit to issue for a just and equitable distribution thereof.

44


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_Explanation.—In this paragraph, the expression “land” includes immovable 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.

**4. Arrears of Taxes.—The State of Meghalaya shall have the right to recover the arrears of any tax or**

duty, including the arrears of land revenue, on property situate in the transferred territories, 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 the transferred territories.

**5. Right to recover loans and advances.—(1) Save as provided in sub-paragraph (2) of paragraph 6,**

the right to recover any loans or advances made before the appointed day by the existing State of Assam
to any local body, society, agriculturist or other person in the transferred territories shall belong to the
State of Meghalaya.

(2) The right to recover loans and advances of pay and travelling allowances to a Government servant

made before the appointed day by the existing State of Assam shall pass to the State of Meghalaya if,
after the appointed day, that Government servant is required to serve in connection with the affairs of
Meghalaya.

**6. Investments.—(1) The investments of the existing State of Assam immediately before the**

appointed day in any company or private commercial or industrial undertaking, in so far as such
investments have not been made or deemed not to have been made from the Cash Balance Investment
Account, shall pass to the State of Meghalaya, if the principal seat of business of the company or
undertaking is located in the transferred territories and where on that day the principal seat of business of
the company or undertaking is located outside the territories of the existing State of Assam, such
investments shall be divided between the States of Assam and Meghalaya in the population ratio:

Provided that such investments in any Government company shall be divided between the States of

Assam and Meghalaya in such proportion as may be agreed upon between those States or—


(a) in default of such agreement; or


(b) at the expiry of a period of one year from the appointed day,


whichever is earlier, in such proportion as the Central Government may, by order, determine:


Provided further that nothing in this paragraph shall apply to any investment made by the existing

State of Assam on or after the 2nd day of April, 1970 in any company or private commercial or industrial
undertaking located outside the territories of the existing State of Assam.

(2) Where any body corporate constituted under a Central Act, State Act or Provincial Act for the

existing State of Assam or any part thereof has, by virtue of the provisions of Part II, become an
inter-State body corporate, the investments in, or loans or advances to, any such body corporate by the
existing State of Assam made before the appointed day shall, save as otherwise expressly provided by or
under this Act, be divided between the State of Assam and Meghalaya in the same proportion in which
the assets of the body corporate are divided under the provisions of Part VII.

**7. Assets and liabilities of State undertakings.—(1) The assets and liabilities relating to any**

commercial or industrial undertaking of the existing State of Assam shall pass to the State of Meghalaya
if the undertaking is located in the transferred territories.

(2) Where a depreciation reserve fund is maintained by the existing State of Assam for any

commercial or industrial undertaking, the securities held in respect of investments made from that fund
shall pass to the State of Meghalaya if the undertaking is located in the transferred territories.

(3) Where any such undertaking is located partly in the State of Assam and partly in the State of

Meghalaya, the assets and liabilities and the securities referred to in sub-paragraphs (1) and (2)
respectively shall be divided in such manner as may be agreed upon between the Governments of the two
States within one year from the appointed day, or in default of such agreement, as the Central
Government may, by order, direct.

45


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**8. Public debt.—(1) The public debt of the existing 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 public debt of the State of Assam, and the State of Meghalaya shall be liable to
pay to the State of Assam a share of the sums due from time to time for the servicing and repayment of
the debt and for the purpose of determining the said share, the debt shall be deemed to be divided between
the States of Assam and Meghalaya as if it were a debt referred to in sub-paragraph (5).

_Explanation.—In this sub-paragraph, “the public debt of the existing State of Assam”, excludes the_

portion of such public debt the liability for servicing and repayment of which has been apportioned to the
autonomous State of Meghalaya by virtue of section 58 of the Assam Reorganisation (Meghalaya) Act,
1969 (55 of 1969).

(2) Where a sinking fund or depreciation fund is maintained by the existing State of Assam for

repayment of any loan raised by it, the securities held in respect of investments made from that fund shall
be divided between the States of Assam and Meghalaya in the same proportion in which the total public
debt is divided between the two States under this paragraph.

(3) The public debt of the existing State of Assam attributable to loans taken from the Central

Government, the National Co-operative Development Corporation or the Central Warehousing
Corporation or the Khadi and Village Industries Commission or from any other source for the express
purpose of re-lending the same to a specific institution and outstanding immediately before the appointed
day shall,—

(a) if re-lent to the Assam State Electricity Board, or any other institution which becomes an

inter-State body corporate on the appointed day, be divided between the States of Assam and
Meghalaya in the same proportion in which the assets of such body corporate are divided under the
provisions of Part VII;

(b) if re-lent to any local body, body corporate or other institution in any local area, be the debt of

the State in which the local area is included on the appointed day.

(4) Out of so much of the public debt of the existing State of Assam, other than the public debt

referred to in sub-paragraphs (1) and (3), as is equal to loans and advances made by that State and
outstanding on the appointed day, the share of the liability of the State of Meghalaya shall be for an
amount equal to the loans and advances [not being re-lent amounts referred to in sub-paragraph (3) and
outstanding immediately before the appointed day] recoverable by the State of Meghalaya under
paragraph 5.

(5) The remaining public debt of the existing 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 States of Assam and Meghalaya in proportion to
the total expenditure on all capital works and other capital outlays incurred or deemed to have been
incurred by the existing State of Assam up to the appointed day in the territories remaining in the State of
Assam and the total expenditure on all capital works and other capital outlays incurred or deemed to have
been incurred by the existing State of Assam up to the appointed day in the transferred territories, other
than such outlays incurred or deemed to have been incurred before the 2nd day of April, 1970 in the
autonomous State of Meghalaya for the purposes of the autonomous State as defined in paragraph 1 of the
Third Schedule to the Assam Re-organisation (Meghalaya) Act, 1969 (55 of 1969).

(6) For the purpose of this paragraph, “Government security” means a security created and issued by

the existing State of Assam for the purpose of raising a public loan and having any of the forms specified
in, or prescribed under, clause (2) of section 2 of the Public Debt Act, 1944 (18 of 1944).

(7) For the purpose of this paragraph, “the public debt of the existing State of Assam attributable to

the loan taken from the Central Government” means the public debt of the State as reduced in accordance
with the provisions of sub-section (4) of section 52.

46


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**9. Refund of taxes collected in excess.—After the appointed day it shall be the liability of the State**

of Meghalaya to refund any tax or duty on property, including land revenue, collected in excess on any
property situate in the transferred territories or any other tax or duty collected in excess, if the place of
assessment of that tax or duty is situate in the transferred territories.

**10. Deposits, etc.—(1) The liability of the existing State of Assam in respect of any civil deposit or**

local fund deposit, made before the appointed day in any place situate in the transferred territories, shall
become the liability of the State of Meghalaya.

(2) The liability of the existing State of Assam in respect of any charitable or other endowment shall,

as from the appointed day, be the liability of the State or Meghalaya if the institution entitled to the
benefit of the endowment is located in the transferred territories, or if the objects of the endowment, under
the terms thereof, are confined to the transferred territories.

**11. Arrears of pay and allowances.—The liability of the existing State of Assam in respect of any**

arrears of pay or allowances due to any Government servant for the period prior to the appointed day
shall, if the Government servant is required to serve in connection with the affairs of the State of
Meghalaya, be the liability of the State of Meghalaya.

**12. Provident Fund, etc.—The liability of the existing State of Assam in respect of the Provident**

Fund and Special Deposit Fund accounts of a Government servant required to serve in connection with
the affairs of the State of Meghalaya shall, on and from the appointed day, be the liability of the State of
Meghalaya.

**13. Pensions.—The liability of the State of Assam or the State of Meghalaya in respect of pensions**

shall be apportioned between the two States 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.

**14. Contracts.—(1) Where, before the appointed day, the existing State of Assam has made any**

contract in exercise of its executive power for any purposes of that State, that contract shall be deemed to
have been made in the exercise of the executive power,—

(a) if such purposes are, as from the appointed day, exclusively purposes of either the State of

Assam or the State of Meghalaya, of the State of Assam or, as the case may be, of the State of
Meghalaya; and


(b) in any other case, of the State of Assam,


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 the existing State of Assam, be rights or liabilities of
the State of Assam or, as the case may be, of the State of Meghalaya:

Provided that in any such case as is referred to in clause (b), the initial allocation of rights and

liabilities made under this sub-paragraph shall be subject to such financial adjustment as may be agreed
upon between the States of Assam and Meghalaya or, in default of such agreement, as the Central
Government may, by order, direct.

(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 connection 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 contractual rights, be dealt
with under those provisions.

47


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**15. Liability in respect of actionable wrong.—Where, immediately before the appointed day, the**

existing State of Assam is subject to any liability in respect of any actionable wrong, other than breach of
contract, that liability shall,—

(a) if the cause of action arose wholly within the territories, which as from that day, are the

territories of the State of Assam or the State of Meghalaya, be the liability of the State of Assam or, as
the case may be, of the State of Meghalaya; and

(b) in any other case, be initially the liability of the State of Assam, but subject to such financial

adjustment as may be agreed upon between the States of Assam and Meghalaya or, in default of any
such agreement, as the Central Government may, by order, direct.

**16. Liability as guarantor.—Where, immediately before the appointed day, the existing State of**

Assam is liable as guarantor in respect of any liability of a registered co-operative society or other person,
that liability shall,—

(a) if the area of operation of such society or person is limited to the territories which, as from

that day, are the territories of the State of Assam or the State of Meghalaya, be the liability of the
State of Assam or as the case may be, of the State of Meghalaya; and

(b) in any other case, be initially the liability of the State of Assam, subject to such financial

adjustment as may be agreed upon between the States of Assam and Meghalaya or, in default of such
agreement, as the Central Government may, by order, direct.

**17. Items in suspense.—If any item in suspense is ultimately found to affect an asset or liability of**

the nature referred to in any of the foregoing provisions of this Schedule, it shall be dealt with in
accordance with that provision.

**18. Residuary provisions.—The benefit or burden of any asset or liability of the existing State of**

Assam not dealt with in the foregoing paragraphs of this Schedule shall pass to the State of Assam in the
first instance, subject to such financial adjustment as may be agreed upon between the States of Assam
and Meghalaya within one year from the appointed day or, in default of such agreement, as the Central
Government may, by order, direct.

**19. Apportionment of assets and liabilities by agreement.—Where the States 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 so agreed upon.

**20. Power of Central Government to order allocation or adjustment in certain cases.—Where,**

by virtue of any of the provisions of this Schedule, the State of Assam or the State of 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 made to it within a period of three years from the appointed day
by the State of Assam or the State of Meghalaya, 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 the State of Meghalaya or the State of Assam shall make to the other
State primarily subject to the liability such contribution in respect thereof, as the Central Government
may, after consultation with the Government of Assam and the Government of Meghalaya, by order,
determine.

48


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THE SEVENTH SCHEDULE



[See section 60(1)]


LIST OF INSTITUTIONS WHERE EXISTING FACILITIES SHALL BE CONTINUED


1. Assam Forest Training School, Jhalukbari.

2. Survey School for Mandals, Gauhati.

3. Assam Survey Training School, Gauhati.

4. Assam Co-operative Training Centre, Joysagar.

5. Grain Sevikas Training Centre, Jorhat.

6. Police Training College, Dergaon.

7. Forensic Science Laboratory, Gauhati.

8. Finger Print Bureau, Shillong.

9. Public Health Laboratory, Shillong.

10. Administrative Training School, Gauhati.

11. Reid Chest T. B. Hospital, Shillong.

12. Gauhati Medical College, Gauhati.

13. Assam Medical College, Dibrugarh.

14. Medical College, Silchar.

15. Pasteur Institute, Shillong.

16. State Malaria Institute, Shillong.

17. Ayurvedic College, Gauhati.

18. Mental Hospital, Tezpur.

19. Primary Health Centre, Chabua.

20. Assam Engineering College, Jhalukbari.

21. Jorhat Engineering College, Jorhat.

22. Assam Government Press, Shillong.

Under the Agricultural

23. Assam Agricultural College.

University, Jorhat

24. Assam Veterinary College.

49


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THE EIGHTH SCHEDULE



[See section 71 (i)]


AMENDMENTS TO THE SIXTH SCHEDULE TO THE CONSTITUTION


1. In the Sixth Schedule to the Constitution (hereinafter in this Schedule referred to as the Sixth

Schedule), in the heading, for the word “Assam”, the words “the States of Assam and Meghalaya and in
the Union territory of Mizoram” shall be substituted.


2. In paragraph 1 of the Sixth Schedule,—


(i) in sub-paragraph (1), for the word and letter “Part A”, the words and figures “Parts I and II
and in Part III” shall be substituted;


(ii) in sub-paragraph (3),—


(i) in clauses (a) and (b), for the word and letter “Part A”, the words “any of the Parts”
shall be substituted;


(ii) after the existing proviso, the following proviso shall be inserted, namely:—


“Provided further that any order made by the Governor under this sub-paragraph may
contain such incidental and consequential provisions (including any amendment of
paragraph 20 and of any item in any of the Parts of the said table) as appear to the
Governor to be necessary for giving effect to the provisions of the order.”.

3. In paragraph 3 of the Sixth Schedule, in the proviso to clause (a) of sub-paragraph (1), for the

words “by the Government of Assam or the Government of Meghalaya”, the words “by the Government
of the State concerned” shall be substituted.


4. In paragraph 4 of the Sixth Schedule,—


(i) in sub-paragraph (3), the words “of Assam” shall be omitted;


(ii) in sub-paragraph (5), for the words “after consulting the Government of Assam or, as the
case may be, the Government of Meghalaya”, the words “after consulting the Government of
the State concerned” shall be substituted.

5. In paragraph 6 of the Sixth Schedule, in sub-paragraph (2), the words “of Assam or Meghalaya, as

the case may be,” shall be omitted.

6. In paragraph 8 of the Sixth Schedule, in sub-paragraph (1), for the words “by the Government of

Assam in assessing lands for the purpose of land revenue in the State of Assam generally”, the words “by
the Government of the State in assessing lands for the purpose of land revenue in the State generally”
shall be substituted.

7. In paragraph 9 of the Sixth Schedule, in sub-paragraph (1), for the words “the Government of

Assam”, in both the places where they occur, the words “the Government of the State” shall be
substituted.


8. In paragraph 12 of the Sixth Schedule,—


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


“Application of Acts of Parliament and of the Legislature of the State of Assam to
autonomous districts and autonomous regions in the State of Assam.”;


(ii) in sub-paragraph (1), —


(a) in clause (a), for the words “Legislature of the State”, in both the places where they occur,

the words “Legislature of the State of Assam” shall be substituted and after the words “any
autonomous district or autonomous region”, the words “in that State” shall be inserted;

50


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(b) in clause (b), for the words “Legislature of the State”, the words “Legislature of the State

of Assam” shall be substituted and after the words “an autonomous district or an autonomous
region”, the words “in that State” shall be inserted.


9. For paragraph 12A of the Sixth Schedule, the following paragraphs shall be substituted, namely:—


**“12A. Application of Acts of Parliament and of the Legislature of the State of Meghalaya to**

**autonomous districts and autonomous regions in the State of Meghalaya.—Notwithstanding**
anything in this Constitution,—

(a) if any provision of a law made by a District or Regional Council in the State of

Meghalaya with respect to any matter specified in sub-paragraph (1) of paragraph 3 of this
Schedule or if any provision of any regulation made by a District Council or a Regional Council
in that State under paragraph 8 or paragraph 10 of this Schedule, is repugnant to any provision of
a law made by the Legislature of the State of Meghalaya with respect to that matter, then, the law
or regulation 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 Meghalaya, shall, to the
extent of repugnancy, be void and the law made by the Legislature of the State of Meghalaya
shall prevail;

(b) the President may, with respect to any Act of Parliament, by notification, direct that it

shall not apply to an autonomous district or an atonomous region in the State of Meghalaya, or
shall apply to such district or region or any part thereof subject to such exceptions or
modifications as he may specify in the notification and any such direction may be given so as to
have retrospective effect.

**12B. Application of Acts of Parliament and other Acts to autonomous districts and**

**autonomous regions in the Union territory of Mizoram.-—Notwithstanding anything in this**
Constitution, the President may with respect to any Act of Parliament and the Administrator may with
respect to any other Act, by notification, direct that it shall not apply to an autonomous district or an
autonomous region in the Union territory of Mizoram or shall apply to such district or region or any
part thereof subject to such exceptions or modifications as he may specify in the notification and any
such direction may be given so as to have retrospective effect”.


10. In paragraph 13 of the Sixth Schedule, the words “of Assam” shall be omitted.


11. In paragraph 14 of the Sixth Schedule, in sub-paragraph (2), for the words “the Government of

Assam”, the words “the Government of the State” shall be substituted.

12. In paragraph 17 of the Sixth Schedule, for the words “the Legislative Assembly of Assam”, the

words “the Legislative Assembly of Assam or Meghalaya” shall be substituted and after the words
“autonomous district”, the words “in the State of Assam or Meghalaya, as the case may be,” shall be
inserted.


13. Paragraph 18 of the Sixth Schedule shall be omitted.


14. For paragraphs 20 and 20A of the Sixth Schedule, the following paragraphs shall be substituted,

namely:—

“20. Tribal areas.—(1) The areas specified in Parts I, II and III of the table below shall

respectively be the tribal areas within the State of Assam, the State of Meghalaya and the Union
territory of Mizoram.

(2) Any reference in the table below to any district shall be construed as a reference to the

territories comprised within the autonomous district of that name existing immediately before the day
appointed under clause (b) of section 2 of the North-Eastern Areas (Reorganisation) Act, 1971:

Provided that for the purposes of clauses (e) and (f) of sub-paragraph (1) of paragraph 3,

paragraph 4, paragraph 5, paragraph 6, sub-paragraph (2), clauses (a), (b) and (d) of
sub-paragraph (3) and sub-paragraph (4) of paragraph 8 and clause (d) of sub-paragraph (2) of

51


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paragraph 10 of this Schedule, no part of the area comprised within the Municipality of Shillong shall
be deemed to be within the United Khasi-Jaintia Hills District.


TABLE


PART I


1. The North Cachar Hills District.


2. The Mikir Hills District.


PART II


1. The United Khasi-Jaintia Hills District.


2. The Jowai District.


3. The Garo Hills District.


PART III


The Mizo District.


**20A. Interpretation.—Subject to any express provision made in this behalf, the provisions of**

this Schedule shall, in their application to the Union territory of Mizoram, have effect—

(1) as if references to the Governor and Government of the State were references to the

Administrator of the Union territory appointed under Article 239 and references to State (except
in the expression “Government of the State”) were references to the Union territory of Mizoram;


(2) as if—


(a) in sub-paragraph (3) of paragraph 1,—


(i) after clause (g), the following clause had been inserted, namely:—


“(h) divide any autonomous region into two or more autonomous regions and

define the boundaries thereof”;


(ii) the first proviso had been omitted;


(b) in sub-paragraph (5) of paragraph 4 the provisions for consultation with the

Government of the State concerned had been omitted;


(c) in sub-paragraph (2) of paragraph 9, the words “in his discretion” had been omitted;


(d) paragraph 13 had been omitted;


(e) sub-paragraphs (2) and (3) of paragraph 14 had been omitted;


(f) sub-paragraph (2) (including the proviso thereto) of paragraph 15 had been omitted;


(g) in paragraph 16,—


(i) in sub-paragraph (1), in clause (b), the words “subject to the previous approval of

the Legislature of the State” and the second proviso to that sub-paragraph had been
omitted;


(ii) sub-paragraph (3) had been omitted.’


52


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THE NINTH SCHEDULE



[See section 76(a)]


AMENDMENTS TO THE MANIPUR (COURTS) ACT, 1955


In the Manipur (Courts) Act, 1955 (56 of 1955),—


(i) throughout the Act, save as otherwise expressly provided,—


(a) for the words “Chief Commissioner”, the words “State Government” shall be substituted,

and for the words, “Judicial Commissioner” or “Court of the Judicial Commissioner”, the words
“High Court” shall be substituted, and such consequential amendments, as the rules of grammar
may require, shall be made;

(b) for the words “Union territory of Manipur”, the words “State of Manipur” shall be

substituted;


(ii) in the long title, the words “a Judicial Commissioner's Court and other” shall be omitted;


(iii) in section 2,—


(a) clause (i) shall be omitted;


(b) after clause (iii), the following clause shall be inserted, namely:—


(iiia) “High Court” means the Gauhati High Court (the High Court of Assam, Nagaland,

Maghalaya, Manipur and Tripura);';


(iv) Chapter II shall be omitted;


(v) in section 16, the words “the Court of the Judicial Commissioner and” shall be omitted;


(vi) in section 17,—


(a) the brackets and figure “(1)” shall be omitted;


(b) sub-section (2) shall be omitted;


(vii) in section18, for sub-section (1), the following sub-section shall be substituted, namely:—


“(1) When the business pending before the court of a district judge requires the aid of an

additional district judge for its speedy disposal, one or more additional district judges may be
appointed.”;


(viii) section 19 shall be omitted;


(ix) for section 23, the following section shall be substituted, namely:—


“23. Local limits of the jurisdiction of courts of subordinate judges and

**munsiffs.—(1) The local limits of the jurisdiction of the court of a subordinate judge or a**
munsiff shall be such as the State Government may, after consultation with the High Court,
by notification in the Official Gazette, define.

(2) When a subordinate judge is posted to a district, the local limits of the district shall, in

the absence of any direction to the contrary, be the local limits of his jurisdiction.”;


(x) in section 25, sub-section (4) shall be omitted;


(xi) sections 33, 34, 35 and 40 shall be omitted;


(xii) in sub-section (1) of section 43, the words “the Court of the Judicial Commissioner and”

shall be omitted;


(xiii) section 46 shall be omitted.


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THE TENTH SCHEDULE

[See section 76(b)]

AMENDMENTS TO THE TRIPURA (COURTS) ORDER, 1950

In the Tripura (Courts) Order, 1950,—

(i) throughout the Order, save as otherwise expressly provided, for the words “Chief

Commissioner”, the words “State Government” shall be substituted, and for the words “Judicial
Commissioner” or “Court of the Judicial Commissioner”, the words “High Court” shall be
substituted, and such consequential amendments, as the rules of grammar may require, shall be made;

(ii) in paragraph 2,—

(a) clause (i) shall be omitted;

(b) for clause (iii), the following clause shall be substituted, namely:—

(iii) “High Court” means the Gauhati High Court (the High Court of Assam, Nagaland,

Meghalaya, Manipur and Tripura);

(iiia) “Tripura” means the State of Tripura;

(iii) Chapter II shall be omitted;

(iv) in paragraph 15, the words “the Court of the Judicial Commissioner and” shall be omitted;

(v) in paragraph 16,—

(a) the brackets and figure “(1)” shall be omitted;

(b) sub-paragraph (2) shall be omitted;

(vi) in paragraph 17, for sub-paragraph (1), the following sub-paragraph shall be substituted,

namely:—

“(1) When the business pending before the Court of a District Judge requires the aid of an

Additional Judge or Judges for its speedy disposal, one or more Additional District Judges
may be appointed.”;

(vii) paragraph 18 shall be omitted;

(viii) for paragraph 22, the following paragraph shall be substituted, namely:—

“22. Local limits of jurisdiction of Courts of Subordinate Judges and Munsiffs.—(1) The

local limits of the jurisdiction of the Court of a Subordinate Judge or Munsiff shall be such as the
State Government may, after consultation with the High Court, by notification in the Official
Gazette, define.

(2) When a Subordinate Judge is posted to a district, the local limits of the district shall, in the

absence of any directions to the contrary, be the local limits of his jurisdiction.” ;

(ix) paragraph 31 shall be omitted;

(x) for paragraph 32, the following paragraph shall be substituted, namely:—

“32. Finality of appellate decrees of District Court.—Subject to the provisions of section

100 of the Code of Civil Procedure, 1908 (5 of 1908), an appellate decree of a District Court shall
be final.”;

(xi) paragraphs 33, 34, 35 and 41 shall be omitted;

(xii) in sub-paragraph (1) of paragraph 42, the words “the Court of Judicial Commissioner and”

shall be omitted.

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