10Part X (A:244-244A): The Scheduled and Tribal Areas
· Article 244 :
Administration of Scheduled Areas and Tribal Areas
244. (1) The
provisions of the Fifth Schedule shall apply to the administration and control
of the Scheduled Areas and Scheduled Tribes in any State * other than [the
States of Assam [, [Meghalaya, Tripura and Mizoram]****]***]**.
(2) The provisions of the Sixth Schedule shall apply to the administration of
the tribal areas in 2[the States of Assam 3[, 5[Meghalaya, Tripura and Mizoram]*****]***]**.
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* The words and letters "specified in Part A or Part B of the First
Schedule" omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29
and Sch.
** Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s.
71, for "the State of Assam" (w.e.f. 21-1-1972)
*** Subs. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 2, for
"and Meghalaya" (w.e.f. 1-4-1985)
*** Subs. by the State of Mizoram Act, 1986 (34 of 1986), s. 39, for
"Meghalaya and Tripura" (w.e.f. 20-2-1987)
***** Subs. by s. 39, ibid., for "Meghalaya and Tripura and the Union
Territory of Mizoram"(w.e.f. 20-2-1987)
· Article 244A :
Formation of an autonomous State comprising certain tribal areas in Assam and
creation of local Legislature or Council of Ministers or both therefor
[244A. (1)
Notwithstanding anything in this Constitution, Parliament may, by law, form
within the State of Assam an autonomous State comprising (whether wholly or in
part) all or any of the tribal areas specified in [Part I]** of the table
appended to paragraph 20 of the Sixth Schedule and create therefor-
(a) a body, whether elected or partly nominated and partly elected, to function
as a Legislature for the autonomous State, or
(b) a Council of Ministers,
or both with such constitution, powers and functions, in each case, as may be
specified in the law.
(2) Any such law as is referred to in clause (1) may, in particular,-
(a) specify the matters enumerated in the State List or the Concurrent List with
respect to which the Legislature of the autonomous State shall have power to
make laws for the whole or any part thereof, whether to the exclusion of the
Legislature of the State of Assam or otherwise;
(b) define the matters with respect to which the executive power of the
autonomous State shall extend;
(c) provide that any tax levied by the State of Assam shall be assigned to the
autonomous State in so far as the proceeds thereof are attributable to the
autonomous State;
(d) provide that any reference to a State in any article of this Constitution
shall be construed as including a reference to the autonomous State; and
(e) make such supplemental, incidental and consequential provisions as may be
deemed necessary.
(3) An amendment of any such law as aforesaid in so far as such amendment
relates to any of the matters specified in sub-clause (a) or sub-clause (b) of
clause (2) shall have no effect unless the amendment is passed in each House of
Parliament by not less than two-thirds of the members present and voting.
(4) Any such law as is referred to in this article shall not be deemed to be an
amendment of this Constitution for the purposes of article 368 notwithstanding
that it contains any provision which amends or has the effect of amending this
Constitution.]*
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* Ins. by the Constitution (Twenty-second Amendment) Act, 1969, s. 2
** Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s.
71, for "Part A" (w.e.f. 21-1-1972)