- THE CONSTITUTION OF INDIA
CHAPTER VI.—SUBORDINATE COURTS
- 233.Appointment of district judges. (1) Appointments of persons to
be, and the posting and promotion of, district judges in any State shall be made
by the Governor of the State in consultation with the High Court exercising
jurisdiction in relation to such State.
(2) A person not already in the service of the Union or of the State shall
only be eligible to be appointed a district judge if he has been for not less than
seven years an advocate or a pleader and is recommended by the High Court
for appointment. - 233A. Validation of appointments of, and judgments, etc.,delivered by,
- certain district judges.
- Notwithstanding any judgment, decree or order of any court,—
- (a) (i) no appointment of any person already in the judicial service
- of a State or of any person who has been for not less than seven years an
- advocate or a pleader, to be a district judge in that State, and
- (ii) no posting, promotion or transfer of any such person as a
- district judge,
- made at any time before the commencement of the Constitution (Twentieth
- Amendment) Act, 1966, otherwise than in accordance with the provisions
- of article 233 or article 235 shall be deemed to be illegal or void or ever to
- have become illegal or void by reason only of the fact that such
- appointment, posting, promotion or transfer was not made in accordance
- with the said provisions;
- (b) no jurisdiction exercised, no judgment, decree, sentence or order
- passed or made, and no other act or proceeding done or taken, before the
- commencement of the Constitution (Twentieth Amendment) Act, 1966
- by, or before, any person appointed, posted, promoted or transferred as a
- district judge in any State otherwise than in accordance with the
- provisions of article 233 or article 235 shall be deemed to be illegal or
- invalid or ever to have become illegal or invalid by reason only of the
- fact that such appointment, posting, promotion or transfer was not made
- in accordance with the said provisions.]
- 234.Recruitment of persons other than district judges to the judicial service.
- Appointments of persons other than district judges to the judicial service
of a State shall be made by the Governor of the State in accordance with rules made
by him in that behalf after consultation with the State Public Service Commission
and with the High Court exercising jurisdiction in relation to such State. - 235.Control over subordinate courts.—The control over district
courts and courts subordinate thereto including the posting and promotion of,
and the grant of leave to, persons belonging to the judicial service of a State
and holding any post inferior to the post of district judge shall be vested in the
High Court, but nothing in this article shall be construed as taking away from
any such person any right of appeal which he may have under the law
regulating the conditions of his service or as authorising the High Court to deal
with him otherwise than in accordance with the conditions of his service
prescribed under such law. - 236.Interpretation.—In this Chapter—
(a) the expression “district judge” includes judge of a city civil court,
additional district judge, joint district judge, assistant district judge, chief
judge of a small cause court, chief presidency magistrate, additional
chief presidency magistrate, sessions judge, additional sessions judge
and assistant sessions Judge;
(b) the expression “judicial service” means a service consisting
exclusively of persons intended to fill the post of district judge and other
civil judicial posts inferior to the post of district judge. - 237.Application of the provisions of this Chapter to certain class or
classes of magistrates.—The Governor may by public notification direct that
the foregoing provisions of this Chapter and any rules made thereunder shall
with effect from such date as may be fixed by him in that behalf apply in
relation to any class or classes of magistrates in the State as they apply in
relation to persons appointed to the judicial service of the State subject to such
exceptions and modifications as may be specified in the notification.
PART VII
The States in Part B of the First Schedule – OMITTED
PART VIII
[THE UNION TERRITORIES]
239. Administration of Union territories.—(1) Save as otherwise
provided by Parliament by law, every Union territory shall be administered by
the President acting, to such extent as he thinks fit, through an administrator to
be appointed by him with such designation as he may specify.
(2) Notwithstanding anything contained in Part VI, the President may
appoint the Governor of a State as the administrator of an adjoining Union
territory, and where a Governor is so appointed, he shall exercise his functions
as such administrator independently of his Council of Ministers.]
239A. Creation of local Legislatures or Council of Ministers or
both for certain Union territories.
(1) Parliament may by law create for the Union territory of [Puducherry]
(a) a body, whether elected or partly nominated and partly elected, to
function as a Legislature for the Union territory, 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) 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.]
239AA. Special provisions with respect to Delhi.—(1) As from the
date of commencement of the Constitution (Sixty-ninth Amendment) Act,
1991, the Union territory of Delhi shall be called the National Capital Territory
of Delhi (hereafter in this Part referred to as the National Capital Territory) and
the administrator thereof appointed under article 239 shall be designated as the
Lieutenant Governor.
(2)(a) There shall be a Legislative Assembly for the National Capital
Territory and the seats in such Assembly shall be filled by members chosen by
direct election from territorial constituencies in the National Capital Territory.
(b) The total number of seats in the Legislative Assembly, the number of
seats reserved for Scheduled Castes, the division of the National Capital
Territory into territorial constituencies (including the basis for such division)
and all other matters relating to the functioning of the Legislative Assembly
shall be regulated by law made by Parliament.
(c) The provisions of articles 324 to 327 and 329 shall apply in relation
to the National Capital Territory, the Legislative Assembly of the National
Capital Territory and the members thereof as they apply, in relation to a State,
the Legislative Assembly of a State and the members thereof respectively; and
any reference in articles 326 and 329 to “appropriate Legislature” shall be
deemed to be a reference to Parliament.
(3) (a) Subject to the provisions of this Constitution, the Legislative
Assembly shall have power to make laws for the whole or any part of the
National Capital Territory with respect to any of the matters enumerated in the
State List or in the Concurrent List in so far as any such matter is applicable to
Union territories except matters with respect to Entries 1, 2 and 18 of the State
List and Entries 64, 65 and 66 of that List in so far as they relate to the said
Entries 1, 2 and 18.
(b) Nothing in sub-clause (a) shall derogate from the powers of
Parliament under this Constitution to make laws with respect to any matter for
a Union territory or any part thereof.
(c) If any provision of a law made by the Legislative Assembly with
respect to any matter is repugnant to any provision of a law made by Parliament
with respect to that matter, whether passed before or after the law made by the
Legislative Assembly, or of an earlier law, other than a law made by the
Legislative Assembly, then, in either case, the law made by Parliament, or, as
the case may be, such earlier law, shall prevail and the law made by the
Legislative Assembly shall, to the extent of the repugnancy, be void:
Provided that if any such law made by the Legislative Assembly has
been reserved for the consideration of the President and has received his assent,
such law shall prevail in the National Capital Territory:
Provided further that nothing in this sub-clause shall prevent Parliament
from enacting at any time any law with respect to the same matter including a
law adding to, amending, varying or repealing the law so made by the
Legislative Assembly.
(4) There shall be a Council of Ministers consisting of not more than ten
per cent. of the total number of members in the Legislative Assembly, with the
Chief Minister at the head to aid and advise the Lieutenant Governor in the
exercise of his functions in relation to matters with respect to which the
Legislative Assembly has power to make laws, except in so far as he is, by or
under any law, required to act in his discretion:
Provided that in the case of difference of opinion between the Lieutenant
Governor and his Ministers on any matter, the Lieutenant Governor shall refer
it to the President for decision and act according to the decision given thereon
by the President and pending such decision it shall be competent for the
Lieutenant Governor in any case where the matter, in his opinion, is so urgent
that it is necessary for him to take immediate action, to take such action or to
give such direction in the matter as he deems necessary.
(5) The Chief Minister shall be appointed by the President and other
Ministers shall be appointed by the President on the advice of the Chief
Minister and the Ministers shall hold office during the pleasure of the
President.
(6) The Council of Ministers shall be collectively responsible to the
Legislative Assembly.
(7) (a)] Parliament may, by law, make provisions for giving effect to,
or supplementing the provisions contained in the foregoing clauses and for all
matters incidental or consequential thereto.
(b) Any such law as is referred to in sub-clause (a) 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.]
(8) The provisions of article 239B shall, so far as may be, apply in
relation to the National Capital Territory, the Lieutenant Governor and the
Legislative Assembly, as they apply in relation to the Union territory of
3 [Puducherry], the administrator and its Legislature, respectively; and any
reference in that article to “clause (1) of article 239A” shall be deemed to be a
reference to this article or article 239AB, as the case may be.
239AB. Provision in case of failure of constitutional machinery.—If
the President, on receipt of a report from the Lieutenant Governor or otherwise,
is satisfied—
(a) that a situation has arisen in which the administration of the
National Capital Territory cannot be carried on in accordance with the
provisions of article 239AA or of any law made in pursuance of that
article; or
(b) that for the proper administration of the National Capital
Territory it is necessary or expedient so to do,
the President may by order suspend the operation of any provision of article
239AA or of all or any of the provisions of any law made in pursuance of that
article for such period and subject to such conditions as may be specified in
such law and make such incidental and consequential provisions as may appear
him to be necessary or expedient for administering the National Capital
Territory in accordance with the provisions of article 239 and article 239AA.]
239B. Power of administrator to promulgate Ordinances during
recess of Legislature.—(1) If at any time, except when the Legislature of 2[the
Union territory of 3[Puducherry]] is in session, the administrator thereof is
satisfied that circumstances exist which render it necessary for him to take
immediate action, he may promulgate such Ordinances as the circumstances
appear to him to require:
Provided that no such Ordinance shall be promulgated by the
administrator except after obtaining instructions from the President in that
behalf:
Provided further that whenever the said Legislature is dissolved, or its
functioning remains suspended on account of any action taken under any such
law as is referred to in clause (1) of article 239A, the administrator shall not
promulgate any Ordinance during the period of such dissolution or suspension.
(2) An Ordinance promulgated under this article in pursuance of
instructions from the President shall be deemed to be an Act of the Legislature
of the Union territory which has been duly enacted after complying with the
provisions in that behalf contained in any such law as is referred to in clause (1)
of article 239A, but every such Ordinance—
(a) shall be laid before the Legislature of the Union territory and
shall cease to operate at the expiration of six weeks from the reassembly
of the Legislature or if, before the expiration of that period, a resolution
disapproving it is passed by the Legislature, upon the passing of the
resolution; and
(b) may be withdrawn at any time by the administrator after
obtaining instructions from the President in that behalf.
(3) If and so far as an Ordinance under this article makes any provision
which would not be valid if enacted in an Act of the Legislature of the Union
territory made after complying with the provisions in that behalf contained in
any such law as is referred to in clause (1) of article 239A, it shall be void.
- 240.Power of President to make regulations for certain Union
territories.—(1) The President may make regulations for the peace, progress
and good government of the Union territory of—
(a) the Andaman and Nicobar Islands;
(b) Lakshadweep;]
(c) Dadra and Nagar Haveli and Daman and Diu;]
(d) Puducherry ]
Provided that when any body is created under article 239A to function
as a Legislature for the 11[Union territory of 5[Puducherry]], the President shall
not make any regulation for the peace, progress and good government of that - Union territory with effect from the date appointed for the first meeting of the
- Legislature:]
- Provided further that whenever the body functioning as a Legislature
- for the Union territory of 2[Puducherry] is dissolved, or the functioning of that
- body as such Legislature remains suspended on account of any action taken
- under any such law as is referred to in clause (1) of article 239A, the President
- may, during the period of such dissolution or suspension, make regulations for
- the peace, progress and good government of that Union territory.]
- (2) Any regulation so made may repeal or amend any Act made by
- Parliament or 3[any other law], which is for the time being applicable to the
- Union territory and, when promulgated by the President, shall have the same
- force and effect as an Act of Parliament which applies to that territory.]
- 241.High Courts for Union territories—(1) Parliament may by law
constitute a High Court for a 4[Union territory] or declare any court in any
such territory] to be a High Court for all or any of the purposes of this
Constitution.
(2) The provisions of Chapter V of Part VI shall apply in relation to
every High Court referred to in clause (1) as they apply in relation to a High
Court referred to in article 214 subject to such modifications or exceptions as
Parliament may by law provide.
6[(3) Subject to the provisions of this Constitution and to the provisions
of any law of the appropriate Legislature made by virtue of powers conferred
on that Legislature by or under this Constitution, every High Court exercising
jurisdiction immediately before the commencement of the Constitution
(Seventh Amendment) Act, 1956, in relation to any Union territory shall
continue to exercise such jurisdiction in relation to that territory after such
commencement.
(4) Nothing in this article derogates from the power of Parliament to
extend or exclude the jurisdiction of a High Court for a State to, or from, any
Union territory or part thereof. - 242.[Coorg.].—Omitted by the Constitution (Seventh Amendment) Act,
1956, s. 29 and Sch.(w.e.f. 1-11-1956). - PART IX
THE PANCHAYATS - 243.Definitions.—In this Part, unless the context otherwise requires,—
(a) “district” means a district in a State;
(b) “Gram Sabha” means a body consisting of persons registered in
the electoral rolls relating to a village comprised within the area of
Panchayat at the village level;
(c) “intermediate level” means a level between the village and
district levels specified by the Governor of a State by public notification
to be the intermediate level for the purposes of this Part;
(d) “Panchayat” means an institution (by whatever name called) of
self-government constituted under article 243B, for the rural areas;
(e) “Panchayat area” means the territorial area of a Panchayat;
(f) “Population” means the population as ascertained at the last
preceding census of which the relevant figures have been published;
(g) “village” means a village specified by the Governor by public
notification to be a village for the purposes of this Part and includes a
group of villages so specified.
243A. Gram Sabha.—A Gram Sabha may exercise such powers and
perform such functions at the village level as the Legislature of a State may, by
law, provide.
243B. Constitution of Panchayats.—(1) There shall be constituted in
every State, Panchayats at the village, intermediate and district levels in
accordance with the provisions of this Part.
(2) Notwithstanding anything in clause (1), Panchayats at the intermediate
level may not be constituted in a State having a population not exceeding
twenty lakhs.
243C. Composition of Panchayats.—(1) Subject to the provisions of - this Part, the Legislature of a State may, by law, make provisions with respect
- to the composition of Panchayats:
- Provided that the ratio between the population of the territorial area of a
- Panchayat at any level and the number of seats in such Panchayat to be filled
- by election shall, so far as practicable, be the same throughout the State.
- (2) All the seats in a Panchayat shall be filled by persons chosen by
- direct election from territorial constituencies in the Panchayat area and, for this
- purpose, each Panchayat area shall be divided into territorial constituencies in
- such manner that the ratio between the population of each constituency and the
- number of seats allotted to it shall, so far as practicable, be the same throughout
- the Panchayat area.
- (3) The Legislature of a State may, by law, provide for the
- representation—
- (a) of the Chairpersons of the Panchayats at the village level, in the
- Panchayats at the intermediate level or, in the case of a State not having
- Panchayats at the intermediate level, in the Panchayats at the district
- level;
- (b) of the Chairpersons of the Panchayats at the intermediate level, in
- the Panchayats at the district level;
- (c) of the members of the House of the People and the members of
- the Legislative Assembly of the State representing constituencies which
- comprise wholly or partly a Panchayat area at a level other than the
- village level, in such Panchayat;
- (d) of the members of the Council of States and the members of the
- Legislative Council of the State, where they are registered as electors
- within—
- (i) a Panchayat area at the intermediate level, in Panchayat at the
- intermediate level;
- (ii) a Panchayat area at the district level, in Panchayat at the
- district level.
- (4) The Chairperson of a Panchayat and other members of a Panchayat
- whether or not chosen by direct election from territorial constituencies in the
- Panchayat area shall have the right to vote in the meetings of the Panchayats.
- (5) The Chairperson of—
- (a) a Panchayat at the village level shall be elected in such manner as
- the Legislature of a State may, by law, provide; and
- (b) a Panchayat at the intermediate level or district level shall be
- elected by, and from amongst, the elected members thereof.
- 243D. Reservation of seats.—(1) Seats shall be reserved for—
- (a) the Scheduled Castes; and
- (b) the Scheduled Tribes,
- in every Panchayat and the number of seats so reserved shall bear, as nearly as
- may be, the same proportion to the total number of seats to be filled by direct
- election in that Panchayat as the population of the Scheduled Castes in that
- Panchayat area or of the Scheduled Tribes in that Panchayat area bears to the
- total population of that area and such seats may be allotted by rotation to
- different constituencies in a Panchayat.
- (2) Not less than one-third of the total number of seats reserved under
- clause (1) shall be reserved for women belonging to the Scheduled Castes or, as
- the case may be, the Scheduled Tribes.
- (3) Not less than one-third (including the number of seats reserved for
- women belonging to the Scheduled Castes and the Scheduled Tribes) of the
- total number of seats to be filled by direct election in every Panchayat shall be
- reserved for women and such seats may be allotted by rotation to different
- constituencies in a Panchayat.
- (4) The offices of the Chairpersons in the Panchayats at the village or
- any other level shall be reserved for the Scheduled Castes, the Scheduled
- Tribes and women in such manner as the Legislature of a State may, by law,
- provide:
- Provided that the number of offices of Chairpersons reserved for the
- Scheduled Castes and the Scheduled Tribes in the Panchayats at each level in
- any State shall bear, as nearly as may be, the same proportion to the total
- number of such offices in the Panchayats at each level as the population of the
- Scheduled Castes in the State or of the Scheduled Tribes in the State bears to
- the total population of the State:
- Provided further that not less than one-third of the total number of offices
- of Chairpersons in the Panchayats at each level shall be reserved for women:
- Provided also that the number of offices reserved under this clause shall
- be allotted by rotation to different Panchayats at each level.
- (5) The reservation of seats under clauses (1) and (2) and the reservation of
- offices of Chairpersons (other than the reservation for women) under clause (4)
- shall cease to have effect on the expiration of the period specified in article 334.
- (6) Nothing in this Part shall prevent the Legislature of a State from making
- any provision for reservation of seats in any Panchayat or offices of Chairpersons in
- the Panchayats at any level in favour of backward class of citizens.
- 243E. Duration of Panchayats, etc.—(1) Every Panchayat, unless
- sooner dissolved under any law for the time being in force, shall continue for
- five years from the date appointed for its first meeting and no longer.
- (2) No amendment of any law for the time being in force shall have the
- effect of causing dissolution of a Panchayat at any level, which is functioning
- immediately before such amendment, till the expiration of its duration specified
- in clause (1).
- (3) An election to constitute a Panchayat shall be completed—
- (a) before the expiry of its duration specified in clause (1);
- (b) before the expiration of a period of six months from the date of its
- dissolution:
- Provided that where the remainder of the period for which the dissolved
- Panchayat would have continued is less than six months, it shall not be
- necessary to hold any election under this clause for constituting the Panchayat
- for such period.
- (4) A Panchayat constituted upon the dissolution of a Panchayat before
- the expiration of its duration shall continue only for the remainder of the period
- for which the dissolved Panchayat would have continued under clause (1) had it
- not been so dissolved.
- 243F. Disqualifications for membership.—(1) A person shall be
- disqualified for being chosen as, and for being, a member of a Panchayat—
- (a) if he is so disqualified by or under any law for the time being in
- force for the purposes of elections to the Legislature of the State
- concerned:
- Provided that no person shall be disqualified on the ground that he is
- less than twenty-five years of age, if he has attained the age of twentyone
- years;
- (b) if he is so disqualified by or under any law made by the
- Legislature of the State.
- (2) If any question arises as to whether a member of a Panchayat has
- become subject to any of the disqualifications mentioned in clause (1), the
- question shall be referred for the decision of such authority and in such manner
- as the Legislature of a State may, by law, provide.
- 243G. Powers, authority and responsibilities of Panchayats.
- Subject to the provisions of this Constitution, the Legislature of a State may, by
- law, endow the Panchayats with such powers and authority as may be
- necessary to enable them to function as institutions of self-government and
- such law may contain provisions for the devolution of powers and
- responsibilities upon Panchayats at the appropriate level, subject to such
- conditions as may be specified therein, with respect to—
- (a) the preparation of plans for economic development and social justice;
- (b) the implementation of schemes for economic development and
- social justice as may be entrusted to them including those in relation to
- the matters listed in the Eleventh Schedule.
- 243H. Powers to impose taxes by, and Funds of, the Panchayats.
- The Legislature of a State may, by law,—
- (a) authorise a Panchayat to levy, collect and appropriate such taxes,
- duties, tolls and fees in accordance with such procedure and subject to
- such limits;
- (b) assign to a Panchayat such taxes, duties, tolls and fees levied and
- collected by the State Government for such purposes and subject to such
- conditions and limits;
- (c) provide for making such grants-in-aid to the Panchayats from the
- Consolidated Fund of the State; and
- (d) provide for constitution of such Funds for crediting all moneys
- received, respectively, by or on behalf of the Panchayats and also for the
- withdrawal of such moneys therefrom,
- as may be specified in the law.
- 243-I. Constitution of Finance Commission to review financial position.
- (1) The Governor of a State shall, as soon as may be within one
- year from the commencement of the Constitution (Seventy-third Amendment)
- Act, 1992, and thereafter at the expiration of every fifth year, constitute a
- Finance Commission to review the financial position of the Panchayats and to
- make recommendations to the Governor as to—
- (a) the principles which should govern—
- (i) the distribution between the State and the Panchayats of the
- net proceeds of the taxes, duties, tolls and fees leviable by the
- State, which may be divided between them under this Part and the
- allocation between the Panchayats at all levels of their respective
- shares of such proceeds;
- (ii) the determination of the taxes, duties, tolls and fees which
- may be assigned to, or appropriated by, the Panchayats;
- (iii) the grants-in-aid to the Panchayats from the Consolidated
- Fund of the State;
- (b) the measures needed to improve the financial position of the
- Panchayats;
- (c) any other matter referred to the Finance Commission by the
- Governor in the interests of sound finance of the Panchayats.
- (2) The Legislature of a State may, by law, provide for the composition
- of the Commission, the qualifications which shall be requisite for appointment
- as members thereof and the manner in which they shall be selected.
- (3) The Commission shall determine their procedure and shall have such
- powers in the performance of their functions as the Legislature of the State
- may, by law, confer on them.
- (4) The Governor shall cause every recommendation made by the
- Commission under this article together with an explanatory memorandum as to
- the action taken thereon to be laid before the Legislature of the State.
- 243J. Audit of accounts of Panchayats.—The Legislature of a State
- may, by law, make provisions with respect to the maintenance of accounts by
- the Panchayats and the auditing of such accounts.
- 243K. Elections to the Panchayats.—(1) The superintendence,
- direction and control of the preparation of electoral rolls for, and the conduct
- of, all elections to the Panchayats shall be vested in a State Election
- Commission consisting of a State Election Commissioner to be appointed by
- the Governor.
- (2) Subject to the provisions of any law made by the Legislature of a
- State, the conditions of service and tenure of office of the State Election
- Commissioner shall be such as the Governor may by rule determine:
- Provided that the State Election Commissioner shall not be removed
- from his office except in like manner and on the like grounds as a Judge of a
- High Court and the conditions of service of the State Election Commissioner
- shall not be varied to his disadvantage after his appointment.
- (3) The Governor of a State shall, when so requested by the State
- Election Commission, make available to the State Election Commission such
- staff as may be necessary for the discharge of the functions conferred on the
- State Election Commission by clause (1).
- (4) Subject to the provisions of this Constitution, the Legislature of a
- State may, by law, make provision with respect to all matters relating to, or in
- connection with, elections to the Panchayats.
- 243L. Application to Union territories.—The provisions of this Part
- shall apply to the Union territories and shall, in their application to a Union
- territory, have effect as if the references to the Governor of a State were
- references to the Administrator of the Union territory appointed under article
- 239 and references to the Legislature or the legislative Assembly of a State
- were references, in relation to a Union territory having a Legislative Assembly,
- to that Legislative Assembly:
- Provided that the President may, by public notification, direct that the
- provisions of this Part shall apply to any Union territory or part thereof subject
- to such exceptions and modifications as he may specify in the notification.
- 243M. Part not to apply to certain areas.—(1) Nothing in this Part
- shall apply to the Scheduled Areas referred to in clause (1), and the tribal areas
- referred to in clause (2), of article 244.
- (2) Nothing in this Part shall apply to—
- (a) the States of Nagaland, Meghalaya and Mizoram;
- (b) the hill areas in the State of Manipur for which District Councils
- exist under any law for the time being in force.
- (3) Nothing in this Part—
- (a) relating to Panchayats at the district level shall apply to the hill
- areas of the District of Darjeeling in the State of West Bengal for which
- Darjeeling Gorkha Hill Council exists under any law for the time being
- in force;
- (b) shall be construed to affect the functions and powers of the
- Darjeeling Gorkha Hill Council constituted under such law.
- (3A) Nothing in article 243D, relating to reservation of seats for the
- Scheduled Castes, shall apply to the State of Arunachal Pradesh.]
- (4) Notwithstanding anything in this Constitution,—
- (a) the Legislature of a State referred to in sub-clause (a) of clause
- (2) may, by law, extend this Part to that State, except the areas, if any,
- referred to in clause (1), if the Legislative Assembly of that State passes
- a resolution to that effect by a majority of the total membership of that
- House and by a majority of not less than two-thirds of the members of
- that House present and voting;
- (b) Parliament may, by law, extend the provisions of this Part to the
- Scheduled Areas and the tribal areas referred to in clause (1) subject to
- such exceptions and modifications as may be specified in such law, and
- no such law shall be deemed to be an amendment of this Constitution for
- the purposes of article 368.
- 243N. Continuance of existing laws and Panchayats.
- Notwithstanding anything in this Part, any provision of any law relating to
- Panchayats in force in a State immediately before the commencement of the
- Constitution (Seventy-third Amendment) Act, 1992, which is inconsistent with
- the provisions of this Part, shall continue to be in force until amended or
- repealed by a competent Legislature or other competent authority or until the
- expiration of one year from such commencement, whichever is earlier:
- Provided that all the Panchayats existing immediately before such
- commencement shall continue till the expiration of their duration, unless sooner
- dissolved by a resolution passed to that effect by the Legislative Assembly of
- that State or, in the case of a State having a Legislative Council, by each House
- of the Legislature of that State.
- 243-O. Bar to interference by courts in electoral matters.
- Notwithstanding anything in this Constitution,—
- (a) the validity of any law relating to the delimitation of
- constituencies or the allotment of seats to such constituencies, made or
- purporting to be made under article 243K, shall not be called in question
- in any court;
- (b) no election to any Panchayat shall be called in question except by
- an election petition presented to such authority and in such manner as is
- provided for by or under any law made by the Legislature of a State.
PART IXA
THE MUNICIPALITIES
243P. Definitions.—In this Part, unless the context otherwise
requires,—
(a) “Committee” means a Committee constituted under article 243S;
(b) “district” means a district in a State;
(c) “Metropolitan area” means an area having a population of ten
lakhs or more, comprised in one or more districts and consisting of two
or more Municipalities or Panchayats or other contiguous areas,
specified by the Governor by public notification to be a Metropolitan
area for the purposes of this Part;
(d) “Municipal area” means the territorial area of a Municipality as is
notified by the Governor;
(e) “Municipality” means an institution of self-government
constituted under article 243Q;
(f) “Panchayat” means a Panchayat constituted under article 243B;
(g) “population” means the population as ascertained at the last
preceding census of which the relevant figures have been published.
243Q. Constitution of Municipalities.—(1) There shall be constituted
in every State,—
(a) a Nagar Panchayat (by whatever name called) for a transitional
area, that is to say, an area in transition from a rural area to an urban
area;
(b) a Municipal Council for a smaller urban area; and
(c) a Municipal Corporation for a larger urban area,
in accordance with the provisions of this Part:
Provided that a Municipality under this clause may not be constituted in
such urban area or part thereof as the Governor may, having regard to the size
of the area and the municipal services being provided or proposed to be
provided by an industrial establishment in that area and such other factors as he
may deem fit, by public notification, specify to be an industrial township.
(2) In this article, “a transitional area”, “a smaller urban area” or “a
larger urban area” means such area as the Governor may, having regard to the
population of the area, the density of the population therein, the revenue
generated for local administration, the percentage of employment in nonagricultural
activities, the economic importance or such other factors as he may
deem fit, specify by public notification for the purposes of this Part.
243R. Composition of Municipalities.—(1) Save as provided in clause
all the seats in a Municipality shall be filled by persons chosen by direct
election from the territorial constituencies in the Municipal area and for this
purpose each Municipal area shall be divided into territorial constituencies to
be known as wards.
(2) The Legislature of a State may, by law, provide—
(a) for the representation in a Municipality of—
(i) persons having special knowledge or experience in
Municipal administration;
(ii) the members of the House of the People and the members
of the Legislative Assembly of the State representing
constituencies which comprise wholly or partly the Municipal
area;
(iii) the members of the Council of States and the members of
the Legislative Council of the State registered as electors within
the Municipal area;
(iv) the Chairpersons of the Committees constituted under
clause (5) of article 243S:
Provided that the persons referred to in paragraph (i) shall not
have the right to vote in the meetings of the Municipality;
(b) the manner of election of the Chairperson of a Municipality.
243S. Constitution and composition of Wards Committees, etc.
(1) There shall be constituted Wards Committees, consisting of one or more wards,
within the territorial area of a Municipality having a population of three lakhs
or more.
(2) The Legislature of a State may, by law, make provision with respect
to—
(a) the composition and the territorial area of a Wards Committee;
(b) the manner in which the seats in a Wards Committee shall be
filled.
(3) A member of a Municipality representing a ward within the territorial
area of the Wards Committee shall be a member of that Committee.
(4) Where a Wards Committee consists of—
(a) one ward, the member representing that ward in the Municipality;
or
(b) two or more wards, one of the members representing such wards
in the Municipality elected by the members of the Wards Committee,
shall be the Chairperson of that Committee.
(5) Nothing in this article shall be deemed to prevent the Legislature of a
State from making any provision for the constitution of Committees in addition
to the Wards Committees.
243T. Reservation of seats.—(1) Seats shall be reserved for the
Scheduled Castes and the Scheduled Tribes in every Municipality and the
number of seats so reserved shall bear, as nearly as may be, the same
proportion to the total number of seats to be filled by direct election in that
Municipality as the population of the Scheduled Castes in the Municipal area or
of the Scheduled Tribes in the Municipal area bears to the total population of
that area and such seats may be allotted by rotation to different constituencies
in a Municipality.
(2) Not less than one-third of the total number of seats reserved under
clause (1) shall be reserved for women belonging to the Scheduled Castes or, as
the case may be, the Scheduled Tribes.
(3) Not less than one-third (including the number of seats reserved for
women belonging to the Scheduled Castes and the Scheduled Tribes) of the
total number of seats to be filled by direct election in every Municipality shall
be reserved for women and such seats may be allotted by rotation to different
constituencies in a Municipality.
(4) The offices of Chairpersons in the Municipalities shall be reserved
for the Scheduled Castes, the Scheduled Tribes and women in such manner as
the Legislature of a State may, by law, provide.
(5) The reservation of seats under clauses (1) and (2) and the reservation of
offices of Chairpersons (other than the reservation for women) under clause (4)
shall cease to have effect on the expiration of the period specified in article 334.
(6) Nothing in this Part shall prevent the Legislature of a State from
making any provision for reservation of seats in any Municipality or offices of
Chairpersons in the Municipalities in favour of backward class of citizens.
243U. Duration of Municipalities, etc.—(1) Every Municipality, unless
sooner dissolved under any law for the time being in force, shall continue for
five years from the date appointed for its first meeting and no longer:
Provided that a Municipality shall be given a reasonable opportunity of
being heard before its dissolution.
(2) No amendment of any law for the time being in force shall have the
effect of causing dissolution of a Municipality at any level, which is
functioning immediately before such amendment, till the expiration of its
duration specified in clause (1).
(3) An election to constitute a Municipality shall be completed,—
(a) before the expiry of its duration specified in clause (1);
(b) before the expiration of a period of six months from the date of its
dissolution:
Provided that where the remainder of the period for which the dissolved
Municipality would have continued is less than six months, it shall not be
necessary to hold any election under this clause for constituting the
Municipality for such period.
(4) A Municipality constituted upon the dissolution of a Municipality
before the expiration of its duration shall continue only for the remainder of the
period for which the dissolved Municipality would have continued under clause
had it not been so dissolved.
243V. Disqualifications for membership.—(1) A person shall be
disqualified for being chosen as, and for being, a member of a Municipality—
(a) if he is so disqualified by or under any law for the time being in force
for the purposes of elections to the Legislature of the State concerned:
Provided that no person shall be disqualified on the ground that he is
less than twenty-five years of age, if he has attained the age of
twenty-one years;
(b) if he is so disqualified by or under any law made by the
Legislature of the State.
(2) If any question arises as to whether a member of a Municipality has
become subject to any of the disqualifications mentioned in clause (1), the
question shall be referred for the decision of such authority and in such manner
as the Legislature of a State may, by law, provide.
243W. Powers, authority and responsibilities of Municipalities,
etc.—Subject to the provisions of this Constitution, the Legislature of a State
may, by law, endow—
(a) the Municipalities with such powers and authority as may be
necessary to enable them to function as institutions of self-government
and such law may contain provisions for the devolution of powers and
responsibilities upon Municipalities, subject to such conditions as may
be specified therein, with respect to—
(i) the preparation of plans for economic development and social
justice;
(ii) the performance of functions and the implementation of
schemes as may be entrusted to them including those in relation to
the matters listed in the Twelfth Schedule;
(b) the Committees with such powers and authority as may be
necessary to enable them to carry out the responsibilities conferred upon
them including those in relation to the matters listed in the Twelfth
Schedule.
243X. Power to impose taxes by, and Funds of, the Municipalities.
The Legislature of a State may, by law,—
(a) authorise a Municipality to levy, collect and appropriate such
taxes, duties, tolls and fees in accordance with such procedure and
subject to such limits;
(b) assign to a Municipality such taxes, duties, tolls and fees levied
and collected by the State Government for such purposes and subject to
such conditions and limits;
(c) provide for making such grants-in-aid to the Municipalities from
the Consolidated Fund of the State; and
(d) provide for constitution of such Funds for crediting all moneys
received, respectively, by or on behalf of the Municipalities and also for
the withdrawal of such moneys therefrom,
as may be specified in the law.
243Y. Finance Commission.—(1) The Finance Commission constituted
under article 243-I shall also review the financial position of the Municipalities
and make recommendations to the Governor as to—
(a) the principles which should govern—
(i) the distribution between the State and the Municipalities of
the net proceeds of the taxes, duties, tolls and fees leviable by the
State, which may be divided between them under this Part and the
allocation between the Municipalities at all levels of their respective
shares of such proceeds;
(ii) the determination of the taxes, duties, tolls and fees which
may be assigned to, or appropriated by, the Municipalities;
(iii) the grants-in-aid to the Municipalities from the
Consolidated Fund of the State;
(b) the measures needed to improve the financial position of the
Municipalities;
(c) any other matter referred to the Finance Commission by the
Governor in the interests of sound finance of the Municipalities.
(2) The Governor shall cause every recommendation made by the
Commission under this article together with an explanatory memorandum as to
the action taken thereon to be laid before the Legislature of the State.
243Z. Audit of accounts of Municipalities.—The Legislature of a State
may, by law, make provisions with respect to the maintenance of accounts by
the Municipalities and the auditing of such accounts.
243ZA. Elections to the Municipalities.—(1) The superintendence,
direction and control of the preparation of electoral rolls for, and the conduct
of, all elections to the Municipalities shall be vested in the State Election
Commission referred to in article 243K.
(2) Subject to the provisions of this Constitution, the Legislature of a
State may, by law, make provision with respect to all matters relating to, or in
connection with, elections to the Municipalities.
243ZB. Application to Union territories.—The provisions of this Part
shall apply to the Union territories and shall, in their application to a Union
territory, have effect as if the references to the Governor of a State were
references to the Administrator of the Union territory appointed under
article 239 and references to the Legislature or the Legislative Assembly of a
State were references in relation to a Union territory having a Legislative
Assembly, to that Legislative Assembly:
Provided that the President may, by public notification, direct that the
provisions of this Part shall apply to any Union territory or part thereof subject
to such exceptions and modifications as he may specify in the notification.
243ZC. Part not to apply to certain areas.—(1) Nothing in this Part
shall apply to the Scheduled Areas referred to in clause (1), and the tribal areas
referred to in clause (2) of article 244.
(2) Nothing in this Part shall be construed to affect the functions and
powers of the Darjeeling Gorkha Hill Council constituted under any law for the
time being in force for the hill areas of the district of Darjeeling in the State of
West Bengal.
(3) Notwithstanding anything in this Constitution, Parliament may, by
law, extend the provisions of this Part to the Scheduled Areas and the tribal
areas referred to in clause (1) subject to such exceptions and modifications as
may be specified in such law, and no such law shall be deemed to be an
amendment of this Constitution for the purposes of article 368.
243ZD. Committee for district planning.—(1) There shall be
constituted in every State at the district level a District Planning Committee to
consolidate the plans prepared by the Panchayats and the Municipalities in the
district and to prepare a draft development plan for the district as a whole.
(2) The Legislature of a State may, by law, make provision with respect to
(a) the composition of the District Planning Committees;
(b) the manner in which the seats in such Committees shall be
filled:
Provided that not less than four-fifths of the total number of
members of such Committee shall be elected by, and from amongst, the
elected members of the Panchayat at the district level and of the
Municipalities in the district in proportion to the ratio between the
population of the rural areas and of the urban areas in the district;
(c) the functions relating to district planning which may be
assigned to such Committees;
(d) the manner in which the Chairpersons of such Committees
shall be chosen.
(3) Every District Planning Committee shall, in preparing the draft
development plan,—
(a) have regard to—
(i) matters of common interest between the Panchayats and
the Municipalities including spatial planning, sharing of water and
other physical and natural resources, the integrated development
of infrastructure and environmental conservation;
(ii) the extent and type of available resources whether
financial or otherwise;
(b) consult such institutions and organisations as the Governor
may, by order, specify.
(4) The Chairperson of every District Planning Committee shall forward
the development plan, as recommended by such Committee, to the Government
of the State.
243ZE. Committee for Metropolitan planning.—(1) There shall be
constituted in every Metropolitan area a Metropolitan Planning Committee to
prepare a draft development plan for the Metropolitan area as a whole.
(2) The Legislature of a State may, by law, make provision with respect to—
(a) the composition of the Metropolitan Planning Committees;
(b) the manner in hhich the seats in such Committees shall be filled:
Provided that not less than two-thirds of the members of such
Committee shall be elected by, and from amongst, the elected members
of the Municipalities and Chairpersons of the Panchayats in the
Metropolitan area in proportion to the ratio between the population of
the Municipalities and of the Panchayats in that area;
(c) the representation in such Committees of the Government of
India and the Government of the State and of such organisations and
institutions as may be deemed necessary for carrying out the functions
assigned to such Committees;
(d) the functions relating to planning and coordination for the
Metropolitan area which may be assigned to such Committees;
(e) the manner in which the Chairpersons of such Committees
shall be chosen.
(3) Every Metropolitan Planning Committee shall, in preparing the draft
development plan,—
(a) have regard to—
(i) the plans prepared by the Municipalities and the
Panchayats in the Metropolitan area;
(ii) matters of common interest between the Municipalities
and the Panchayats, including coordinated spatial planning of the
area, sharing of water and other physical and natural resources,
the integrated development of infrastructure and environmental
conservation;
(iii) the overall objectives and priorities set by the
Government of India and the Government of the State;
(iv) the extent and nature of investments likely to be made
in the Metropolitan area by agencies of the Government of India
and of the Government of the State and other available resources
whether financial or otherwise;
(b) consult such institutions and organisations as the Governor
may, by order, specify.
(4) The Chairperson of every Metropolitan Planning Committee shall
forward the development plan, as recommended by such Committee, to the
Government of the State.
243ZF. Continuance of existing laws and Municipalities.
Notwithstanding anything in this Part, any provision of any law relating to
Municipalities in force in a State immediately before the commencement of the
Constitution (Seventy-fourth Amendment) Act, 1992, which is inconsistent
with the provisions of this Part, shall continue to be in force until amended or
repealed by a competent Legislature or other competent authority or until the
expiration of one year from such commencement, whichever is earlier:
Provided that all the Municipalities existing immediately before such
commencement shall continue till the expiration of their duration, unless sooner
dissolved by a resolution passed to that effect by the Legislative Assembly of
that State or, in the case of a State having a Legislative Council, by each House
of the Legislature of that State.
243ZG. Bar to interference by courts in electoral matters.
Notwithstanding anything in this Constitution,—
(a) the validity of any law relating to the delimitation of
constituencies or the allotment of seats to such constituencies, made or
purporting to be made under article 243ZA shall not be called in
question in any court;
(b) no election to any Municipality shall be called in question
except by an election petition presented to such authority and in such
manner as is provided for by or under any law made by the Legislature
of a State.
PART IXB
THE CO-OPERATIVE SOCIETIES
243ZH. Definitions.—In this Part, unless the context otherwise
requires,—
(a) “authorised person” means a person referred to as such in article
243ZQ;
(b) “board” means the board of directors or the governing body of a
co-operative society, by whatever name called, to which the direction
and control of the management of the affairs of a society is entrusted to;
(c) “co-operative society” means a society registered or deemed to be
registered under any law relating to co-operative societies for the time
being in force in any State;
(d) “multi-State co-operative society” means a society with objects
not confined to one State and registered or deemed to be registered under
any law for the time being in force relating to such co-operatives;
(e) “office bearer” means a President, Vice-President, Chairperson,
Vice-Chairperson, Secretary or Treasurer, of a co-operative society and
includes any other person to be elected by the board of any co-operative
society;
(f) “Registrar” means the Central Registrar appointed by the Central
Government in relation to the multi-State co-operative societies and the
Registrar for co-operative societies appointed by the State Government
under the law made by the Legislature of a State in relation to
co-operative societies;
(g) “State Act” means any law made by the Legislature of a State;
(h) “State level co-operative society” means a co-operative society
having its area of operation extending to the whole of a State and defined
as such in any law made by the Legislature of a State.
243ZI . Incorporation of co-operative societies.—Subject to the
provisions of this Part, the Legislature of a State may, by law, make provisions
with respect to the incorporation, regulation and winding up of co-operative
societies based on the principles of voluntary formation, democratic membercontrol,
member-economic participation and autonomous functioning.
243ZJ. Number and term of members of board and its office
bearers.—(1) The board shall consist of such number of directors as may be
provided by the Legislature of a State, by law:
Provided that the maximum number of directors of a co-operative
society shall not exceed twenty-one:
Provided further that the Legislature of a State shall, by law, provide for
the reservation of one seat for the Scheduled Castes or the Scheduled Tribes
and two seats for women on board of every co-operative society consisting of
individuals as members and having members from such class of category of
persons.
(2) The term of office of elected members of the board and its office
bearers shall be five years from the date of election and the term of office
bearers shall be conterminous with the term of the board:
Provided that the board may fill a casual vacancy on the board by
nomination out of the same class of members in respect of which the casual
vacancy has arisen, if the term of office of the board is less than half of its
original term.
(3) The Legislature of a State shall, by law, make provisions for
co-option of persons to be members of the board having experience in the field
of banking, management, finance or specialisation in any other field relating to
the objects and activities undertaken by the co-operative society, as members of
the board of such society:
Provided that the number of such co-opted members shall not exceed
two in addition to twenty-one directors specified in the first proviso to
clause (1):
Provided further that such co-opted members shall not have the right to
vote in any election of the co-operative society in their capacity as such
member or to be eligible to be elected as office bearers of the board:
Provided also that the functional directors of a co-operative society shall
also be the members of the board and such members shall be excluded for the
purpose of counting the total number of directors specified in the first proviso
to clause (1).
243ZK. Election of members of board.—(1) Notwithstanding anything
contained in any law made by the Legislature of a State, the election of a board
shall be conducted before the expiry of the term of the board so as to ensure
that the newly elected members of the board assume office immediately on the
expiry of the term of the office of members of the outgoing board.
(2) The superintendence, direction and control of the preparation of
electoral rolls for, and the conduct of, all elections to a co-operative society
shall vest in such an authority or body, as may be provided by the Legislature
of a State, by law:
Provided that the Legislature of a State may, by law, provide for the
procedure and guidelines for the conduct of such elections.
243ZL. Supersession and suspension of board and interim
management.—(1) Notwithstanding anything contained in any law for the
time being in force, no board shall be superseded or kept under suspension for a
period exceeding six months:
Provided that the board may be superseded or kept under suspension in a
case—
(i) of its persistent default; or
(ii) of negligence in the performance of its duties; or
(iii) the board has committed any act prejudicial to the interests of
the co-operative society or its members; or
(iv) there is stalemate in the constitution or functions of the board;
or
(v) the authority or body as provided by the Legislature of a State,
by law, under clause (2) of article 243ZK, has failed to conduct
elections in accordance with the provisions of the State Act:
Provided further that the board of any such co-operative society shall not
be superseded or kept under suspension where there is no Government
shareholding or loan or financial assistance or any guarantee by the
Government:
Provided also that in case of a co-operative society carrying on the
business of banking, the provisions of the Banking Regulation Act, 1949 shall
also apply:
Provided also that in case of a co-operative society, other than a
multi-State co-operative society, carrying on the business of banking, the
provisions of this clause shall have the effect as if for the words “six months”,
the words “one year” had been substituted.
(2) In case of supersession of a board, the administrator appointed to
manage the affairs of such co-operative society shall arrange for conduct of
elections within the period specified in clause (1) and handover the
management to the elected board.
(3) The Legislature of a State may, by law, make provisions for the
conditions of service of the administrator.
243ZM. Audit of accounts of co-operative societies.—(1) The
Legislature of a State may, by law, make provisions with respect to the
maintenance of accounts by the co-operative societies and the auditing of such
accounts at least once in each financial year.
(2) The Legislature of a State shall, by law, lay down the minimum
qualifications and experience of auditors and auditing firms that shall be
eligible for auditing accounts of the co-operative societies.
(3) Every co-operative society shall cause to be audited by an auditor or
auditing firms referred to in clause (2) appointed by the general body of the
co-operative society:
Provided that such auditors or auditing firms shall be appointed from a
panel approved by a State Government or an authority authorised by the State
Government in this behalf.
(4) The accounts of every co-operative society shall be audited within
six months of the close of the financial year to which such accounts relate.
(5) The audit report of the accounts of an apex co-operative society, as
may be defined by the State Act, shall be laid before the State Legislature in the
manner, as may be provided by the State Legislature, by law.
243ZN. Convening of general body meetings.—The Legislature of a
State may, by law, make provisions that the annual general body meeting of
every co-operative society shall be convened within a period of six months of
close of the financial year to transact the business as may be provided in such
law.
243ZO. Right of a member to get information.—(1) The Legislature
of a State may, by law, provide for access to every member of a co-operative
society to the books, information and accounts of the co-operative society kept
in regular transaction of its business with such member.
(2) The Legislature of a State may, by law, make provisions to ensure
the participation of members in the management of the co-operative society
providing minimum requirement of attending meetings by the members and
utilising the minimum level of services as may be provided in such law.
(3) The Legislature of a State may, by law, provide for co-operative
education and training for its members.
243ZP. Returns.—Every co-operative society shall file returns, within
six months of the close of every financial year, to the authority designated by
the State Government including the following matters, namely:—
(a) annual report of its activities;
(b) its audited statement of accounts;
(c) plan for surplus disposal as approved by the general body of the
co-operative society;
(d) list of amendments to the bye-laws of the co-operative society, if
any;
(e) declaration regarding date of holding of its general body meeting
and conduct of elections when due; and
(f) any other information required by the Registrar in pursuance of
any of the provisions of the State Act.
243ZQ. Offences and penalties.—(1) The Legislature of a State may,
by law, make provisions for the offences relating to the co-operative societies
and penalties for such offences.
(2) A law made by the Legislature of a State under clause (1) shall
include the commission of the following act or omission as offences, namely:—
(a) a co-operative society or an officer or member thereof wilfully
makes a false return or furnishes false information, or any person
wilfully not furnishes any information required from him by a person
authorised in this behalf under the provisions of the State Act;
(b) any person wilfully or without any reasonable excuse disobeys
any summons, requisition or lawful written order issued under the
provisions of the State Act;
(c) any employer who, without sufficient cause, fails to pay to a
co-operative society amount deducted by him from its employee within a
period of fourteen days from the date on which such deduction is made;
(d) any officer or custodian who wilfully fails to handover custody of
books, accounts, documents, records, cash, security and other property
belonging to a co-operative society of which he is an officer or
custodian, to an authorised person; and
(e) whoever, before, during or after the election of members of the
board or office bearers, adopts any corrupt practice.
243ZR. Application to multi-State co-operative societies.—The
provisions of this Part shall apply to the multi-State co-operative societies
subject to the modification that any reference to “Legislature of a State”, “State
Act” or “State Government” shall be construed as a reference to “Parliament”,
“Central Act” or “the Central Government” respectively.
243ZS. Application to Union territories.—The provisions of this Part
shall apply to the Union territories and shall, in their application to a Union
territory, having no Legislative Assembly as if the references to the Legislature
of a State were a reference to the administrator thereof appointed under article
239 and, in relation to a Union territory having a Legislative Assembly, to that
Legislative Assembly:
Provided that the President may, by notification in the Official Gazette,
direct that the provisions of this Part shall not apply to any Union territory or
part thereof as he may specify in the notification.
243ZT. Continuance of existing laws.— Notwithstanding anything in
this Part, any provision of any law relating to co-operative societies in force in
a State immediately before the commencement of the Constitution (Ninetyseventh
Amendment) Act, 2011, which is inconsistent with the provisions of
this Part, shall continue to be in force until amended or repealed by a competent
Legislature or other competent authority or until the expiration of one year
from such commencement, whichever is less.
PART X
THE SCHEDULED AND TRIBAL AREAS
- 244.Administration of Scheduled Areas and Tribal Areas.—(1) The
provisions of the Fifth Schedule shall apply to the administration and control of
the Scheduled Areas and Scheduled Tribes in any State 1*** other than 2[the
States of Assam, 3[, 4[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]]].
244A. Formation of an autonomous State comprising certain tribal
areas in Assam and creation of local Legislature or Council of Ministers or
both therefor.—(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 7[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.