Life is Like That!: February 2017

Saturday, February 18, 2017

SIXTH SCHEDULE - Provisions as to the Administration of Tribal Areas

SIXTH SCHEDULE

[Articles 244(2) and 275(1)]

Provisions as to the Administration of Tribal Areas in _470[the States of Assam, Meghalaya, Tripura and Mizoram]

1. Autonomous districts and autonomous regions.-(1) Subject to the provisions of this paragraph, the tribal areas in each item of _471[_472 [Parts I, II and IIA] and in Part III] of the table appended to paragraph 20 of this Schedule shall be an autonomous district.

(2) If there are different Scheduled Tribes in an autonomous district, the Governor may, by public notification, divide the area or areas inhabited by them into autonomous regions.

(3) The Governor may, by public notification,-

(a) include any area in _471[any of the Parts] of the said table,

(b) exclude any area from _471[any of the Parts] of the said table,

(d) increase the area of any autonomous district,

(e) diminish the area of any autonomous district,

(f) unite two or more autonomous districts or parts thereof so as to form one autonomous district,

_473[(ff) alter the name of any autonomous district,]

(g) define the boundaries of any autonomous district:

Provided that no order shall be made by the Governor under clauses (c), (d), (e) and (f) of this sub-paragraph except after consideration of the report of a Commission appointed under sub-paragraph (1) of paragraph 14 of this Schedule:

_474[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.]

_475 2. Constitution of District Councils and Regional Councils.- _476[(1) There shall be a District Council for each autonomous district consisting of not more than thirty members, of whom not more than four persons shall be nominated by the Governor and the rest shall be elected on the basis of adult suffrage.]

(2) There shall be a separate Regional Council for each area constituted an autonomous region under sub-paragraph (2) of paragraph 1 of this Schedule.

(3) Each District Council and each Regional Council shall be a body corporate by the name respectively of "the District Council of (name of district)" and "the Regional Council of (name of region)", shall have perpetual succession and a common seal and shall by the said name sue and be sued.

(4) Subject to the provisions of this Schedule, the administration of an autonomous district shall, in so far as it is not vested under this Schedule in any Regional Council within such district, be vested in the District Council for such district and the administration of an autonomous region shall be vested in the Regional Council for such region.

(5) In an autonomous district with Regional Councils, the District Council shall have only such powers with respect to the areas under the authority of the Regional Council as may be delegated to it by the Regional Council in addition to the powers conferred on it by this Schedule with respect to such areas.

(6) The Governor shall make rules for the first constitution of District Councils and Regional Councils in consultation with the existing tribal Councils or other representative tribal organisations within the autonomous districts or regions concerned, and such rules shall provide for-

(a) the composition of the District Councils and Regional Councils and the allocation of seats therein;

(b) the delimitation of territorial constituencies for the purpose of elections to those Councils;

(d) the qualifications for being elected at such elections as members of such Councils;

(e) the term of office of members of _477[Regional Councils];

(f) any other matter relating to or connected with elections or nominations to such Councils;

(g) the procedure and the conduct of business _478[(including the power to act notwithstanding any vacancy)] in the District and Regional Councils;

(h) the appointment of officers and staff of the District and Regional Councils.

_478[(6A) The elected members of the District Council shall hold office for a term of five years from the date appointed for the first meeting of the Council after the general elections to the Council, unless the District Council is sooner dissolved under paragraph 16 and a nominated member shall hold office at the pleasure of the Governor:

Provided that the said period of five years may, while a Proclamation of Emergency is in operation or if circumstances exist which, in the opinion of the Governor, render the holding of elections impracticable, be extended by the Governor for a period not exceeding one year at a time and in any case where a Proclamation of Emergency is in operation not extending beyond a period of six months after the Proclamation has ceased to operate:

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

(7) The District or the Regional Council may after its first constitution make rules _477[with the approval of the Governor] with regard to the matters specified in sub-paragraph (6) of this paragraph and may also make rules _477[with like approval] regulating-

(a) the formation of subordinate local Councils or Boards and their procedure and the conduct of their business; and

(b) generally all matters relating to the transaction of business pertaining to the administration of the district or region, as the case may be:

Provided that until rules are made by the District or the Regional Council under this sub-paragraph the rules made by the Governor under sub-paragraph (6) of this paragraph shall have effect in respect of elections to, the officers and staff of, and the procedure and the conduct of business in, each such Council.

_479* * * * *

_480 3. Powers of the District Councils and Regional Councils to make laws.- (1) The Regional Council for an autonomous region in respect of all areas within such region and the District Council for an autonomous district in respect of all areas within the district except those which are under the authority of Regional Councils, if any, within the district shall have power to make laws with respect to-

(a) the allotment, occupation or use, or the setting apart, of land, other than any land which is a reserved forest for the purposes of agriculture or grazing or for residential or other non-agricultural purposes or for any other purpose likely to promote the interests of the inhabitants of any village or town:

Provided that nothing in such laws shall prevent the compulsory acquisition of any land, whether occupied or unoccupied, for public purposes _481[by the Government of the State concerned] in accordance with the law for the time being in force authorising such acquisition;

(b) the management of any forest not being a reserved forest;

(d) the regulation of the practice of jhum or other forms of shifting cultivation;

(e) the establishment of village or town committees or councils and their powers;

(f) any other matter relating to village or town administration, including village or town police and public health and sanitation;

(g) the appointment or succession of Chiefs or Headmen;

(h) the inheritance of property;

_482[(i) marriage and divorce;]

(j) social customs.

(2) In this paragraph, a "reserved forest" means any area which is a reserved forest under the Assam Forest Regulation, 1891, or under any other law for the time being in force in the area in question.

(3) All laws made under this paragraph shall be submitted forthwith to the Governor and, until assented to by him, shall have no effect.

4. Administration of justice in autonomous districts and autonomous regions.-(1) The Regional Council for an autonomous region in respect of areas within such region and the District Council for an autonomous district in respect of areas within the district other than those which are under the authority of the Reginal Councils, if any, within the district may constitute vilage councils or courts for the trial of suits and cases between the parties all of whom belong to Scheduled Tribes within such areas, other than suits and cases to which the provisons of sub-paragraph (1) of paragraph 5 of this Schedule apply, to the exclusion of any court in the State, and may appoint suitable persons to be members of such village councils or presiding officers of such courts, and may also appoint such officers as may be necessary for the administration of the laws made under paragraph 3 of this Schedule.

(2) Notwithstanding anything in this Constitution, the Regional Council for an autonomous region or any court constituted in that behalf by the Regional Council or, if in respect of any area within an autonomous district there is no Regional Council, the District Council for such district, or any court constituted in that behalf by the District Council, shall exercise the powers of a court of appeal in respect of all suits and cases triable by a village council or court constituted under sub-paragraph (1) of this paragraph within such region or area, as the case may be, other than those to which the provisions of sub-paragraph (1) of paragraph 5 of this Schedule apply, and no other court except the High Court and the Supreme Court shall have jurisdiction over such suits or cases.

(3) The High Court _483*** shall have and exercise such jurisdiction over the suits and cases to which the provisions of sub-paragraph (2) of this paragraph apply as the Governor may from time to time by order specify.

(4) A Regional Council or District Council, as the case may be, may with the previous approval of the Governor make rules regulating-

(a) the constitution of village councils and courts and the powers to be exercised by them under this paragraph;

(b) the procedure to be followed by village councils or courts in the trial of suits and cases under sub-paragraph (1) of this paragraph;

(c) the procedure to be followed by the Regional or District Council or any court constituted by such Council in appeals and other proceedings under sub-paragraph (2) of this paragraph;

(d) the enforcement of decisions and orders of such Councils and courts;

(e) all other ancillary matters for the carrying out of the provisions of sub-paragraphs (1) and (2) of this paragraph.

_484[(5) On and from such date as the President may, _480[after consulting the Government of the State concerned], by notification appoint in this behalf, this paragraph shall have effect in relation to such autonomous district or region as may be specified in the notification, as if-

(i) in sub-paragraph (1), for the words "between the parties all of whom belong to Scheduled Tribes within such areas, other than suits and cases to which the provisions of sub-paragraph (1) of paragraph 5 of this Schedule apply,", the words "not being suits and cases of the nature referred to in sub-paragraph (1) of paragraph (5) of this Schedule, which the Governor may specify in this behalf," had been substituted;

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

(iii) in sub-paragraph (4)-

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

(b) for clause (a), the following clause had been substituted, namely:-

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

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

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

5. Conferment of powers under the Code of Civil Procedure, 1908, and the Code of Criminal Procedure, 1898_485, on the Regional and District Councils and on certain courts and officers for the trial of certain suits, cases and offences.-(1) The Governor may, for the trial of suits or cases arising out of any law in force in any autonomous district or region being a law specified in that behalf by the Governor, or for the trial of offences punishable with death, transportation for life, or imprisonment for a term of not less than five years under the Indian Penal Code or under any other law for the time being applicable to such district or region, confer on the District Council or the Regional Council having authority over such district or region or on courts constituted by such District Council or on any officer appointed in that behalf by the Governor, such powers under the Code of Civil Procedure, 1908, or, as the case may be, the Code of Criminal Procedure, 1898_485, as he deems appropriate, and thereupon the said Council, Court or officer shall try the suits, cases or offences in exercise of the powers so conferred.

(2) The Governor may withdraw or modify any of the powers conferred on a District Council, Regional Council, court or officer under sub-paragraph (1) of this paragraph.

(3) Save as expressly provided in this paragraph, the Code of Civil Procedure, 1908, and the Code of Criminal Procedure, 1898_485, shall not apply to the trial of any suits, cases or offences in an autonomous district or in any autonomous region to which the provisions of this paragraph apply.

_486[(4) On and from the date appointed by the President under sub-paragraph (5) of paragraph 4 in relation to any autonomous district or autonomous region, nothing contained in this paragraph shall, in its application to that district or region, be deemed to authorise the Governor to confer on the District Council or Regional Council or on courts constituted by the District Council any of the powers referred to in sub-paragraph (1) of this paragraph.]

_487[6. Powers of the District Council to establish primary schools, etc.-(1) The District Council for an autonomous district may establish, construct, or manage primary schools, dispensaries, markets, _488[cattle pounds], ferries, fisheries, roads, road transport and waterways in the district and may, with the previous approval of the Governor, make regulations for the regulation and control thereof and, in particular, may prescribe the language and the manner in which primary education shall be imparted in the primary schools in the district.

(2) The Governor may, with the consent of any District Council, entrust either conditionally or unconditionally to that Council or to its officers functions in relation to agriculture, animal husbandry, community projects, co-operative societies, social welfare, village planning or any other matter to which the executive power of the State _489*** extends.]

7. District and Regional Funds.- (1) There shall be constituted for each autonomous district, a District Fund and for each autonomous region, a Regional Fund to which shall be credited all moneys received respectively by the District Council for that district and the Regional Council for that region in the course of the administration of such district or region, as the case may be, in accordance with the provisions of this Constitution.

_490[(2) The Governor may make rules for the management of the District Fund, or, as the case may be, the Regional Fund and for the procedure to be followed in respect of payment of money into the said Fund, the withdrawal of moneys therefrom, the custody of moneys therein and any other matter connected with or ancillary to the matters aforesaid.

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

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

8. Powers to assess and collect land revenue and to impose taxes.- (1) The Regional Council for an autonomous region in respect of all lands within such region and the District Council for an autonomous district in respect of all lands within the district except those which are in the areas under the authority of Regional Councils, if any, within the district, shall have the power to assess and collect revenue in respect of such lands in accordance with the principles for the time being followed _481[by the Government of the State in assessing lands for the purpose of land revenue in the State generally].

(2) The Regional Council for an autonomous region in respect of areas within such region and the District Council for an autonomous district in respect of all areas in the district except those which are under the authority of Regional Councils, if any, within the district, shall have power to levy and collect taxes on lands and buildings, and tolls on persons resident within such areas.

(3) The District Council for an autonomous district shall have the power to levy and collect all or any of the following taxes within such district, that is to say-

(a) taxes on professions, trades, callings and employments;

(b) taxes on animals, vehicles and boats;

(c) taxes on the entry of goods into a market for sale therein, and tolls on passengers and goods carried in ferries; and

(d) taxes for the maintenance of schools, dispensaries or roads.

(4) A Regional Council or District Council, as the case may be, may make regulations to provide for the levy and collection of any of the taxes specified in sub-paragraphs (2) and (3) of this paragraph _486[and every such regulation shall be submitted forthwith to the Governor and, until assented to by him, shall have no effect].

_491[9. Licences or leases for the purpose of prospecting for, or extraction of, minerals.- (1) Such share of the royalties accruing each year from licences or leases for the purpose of prospecting for, or the extraction of, minerals granted by _492[the Government of the State] in respect of any area within an autonomous district as may be agreed upon between _492[the Government of the State] and the District Council of such district shall be made over to that District Council.

(2) If any dispute arises as to the share of such royalties to be made over to a District Council, it shall be referred to the Governor for determination and the amount determined by the Governor in his discretion shall be deemed to be the amount payable under sub-paragraph (1) of this paragraph to the District Council and the decision of the Governor shall be final.

_493 10. Power of District Council to make regulations for the Control of money-lending and trading by non-tribals.- (1) The District Council of an autonomous district may make regulations for the regulation and control of money-lending or trading within the district by persons other than Scheduled Tribes resident in the district.

(2) In particular and without prejudice to the generality of the foregoing power, such regulations may-

(a) prescribe that no one except the holder of a licence issued in that behalf shall carry on the business of money-lending;

(b) prescribe the maximum rate of interest which may be charged or be recovered by a money-lender;

(c) provide for the maintenance of accounts by money-lenders and for the inspection of such accounts by officers appointed in that behalf by the District Council;

(d) prescribe that no person who is not a member of the Scheduled Tribes resident in the district shall carry on wholesale or retail business in any commodity except under a licence issued in that behalf by the District Council:

Provided that no regulations may be made under this paragraph unless they are passed by a majority of not less than three-fourths of the total membership of the District Council:

Provided further that it shall not be competent under any such regulations to refuse the grant of a licence to a money-lender or a trader who has been carrying on business within the district since before the time of the making of such regulations.

(3) All regulations made under this paragraph shall be submitted forthwith to the Governor and, until assented to by him, shall have no effect.

11. Publication of laws, rules and regulations made under the Schedule.-All laws, rules and regulations made under this Schedule by a District Council or a Regional Council shall be published forthwith in the Official Gazette of the State and shall on such publication have the force of law.

_494 12. _493[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.-(1) Notwithstanding anything in this Constitution-

(a) no Act of the _496[Legislature of the State of Assam] in respect of any of the matters specified in paragraph 3 of this Schedule as matters with respect to which a District Council or a Regional Council may make laws, and no Act of the _496[Legislature of the State of Assam] prohibiting or restricting the consumption of any non-distilled alcoholic liquor shall apply to any autonomous district or autonomous region _497[in that State] unless in either case the District Council for such district or having jurisdiction over such region by public notification so directs, and the District Council in giving such direction with respect to any Act may direct that the Act shall in its application to such district or region or any part thereof have effect subject to such exceptions or modifications as it thinks fit;

(b) the Governor may, by public notification, direct that any Act of Parliament or of the _496[Legislature of the State of Assam] to which the provisions of clause (a) of this sub-paragraph do not apply shall not apply to an autonomous district or an autonomous region _497[in that State] 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.

(2) Any direction given under sub-paragraph (1) of this paragraph may be given so as to have retrospective effect.

_498[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 autonomous 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.

_499[12AA. Application of Acts of Parliament and of the Legislature of the State of Tripura to the autonomous district and autonomous regions in the State of Tripura.- Notwithstanding anything in this Constitution,-

(a) no Act of the Legislature of the State of Tripura in respect of any of the matters specified in paragraph 3 of this Schedule as matters with respect to which a District Council or a Regional Council may make laws, and no Act of the Legislature of the State of Tripura prohibiting or restricting the consumption of any non-distilled alcoholic liquor shall apply to the autonomous district or any autonomous region in that State unless, in either case, the District Council for that district or having jurisdiction over such region by public notification so directs, and the District Council in giving such direction with respect to any Act may direct that the Act shall, in its application to that district or such region or any part thereof, have effect subject to such exceptions or modifications as it thinks fit;

(b) the Governor may, by public notification, direct that any Act of the Legislature of the State of Tripura to which the provisions of clause (a) of this sub-paragraph do not apply, shall not apply to the autonomous district or an autonomous region in that State, or shall apply to that district or such region, or any part thereof, subject to such exceptions or modifications, as he may specify in the notification;

(c) the President may, with respect to any Act of Parliament, by notification, direct that it shall not apply to the autonomous district or an autonomous region in the State of Tripura, 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 of the Legislature of the State of Mizoram to autonomous districts and autonomous regions in the State of Mizoram.-Notwithstanding anything in this Constitution,-

(a) no Act of the Legislature of the State of Mizoram in respect of any of the matters specified in paragraph 3 of this Schedule as matters with respect to which a District Council or a Regional Council may make laws, and no Act of the Legislature of the State of Mizoram prohibiting or restricting the consumption of any non-distilled alcoholic liquor shall apply to any autonomous district or autonomous region in that State unless, in either case, the District Council for such district or having jurisdiction over such region, by public notification, so directs, and the District Council, in giving such direction with respect to any Act, may direct that the Act shall, in its application to such district or region or any part thereof, have effect subject to such exceptions or modifications as it thinks fit;

(b) the Governor may, by public notification, direct that any Act of the Legislature of the State of Mizoram to which the provisions of clause (a) of this sub-paragraph do not apply, shall not apply to an autonomous district or an autonomous region in that State, 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;

(c) the President may, with respect to any Act of Parliament, by notification, direct that it shall not apply to an autonomous district or an autonomous region in the State 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.]]

13. Estimated receipts and expenditure pertaining to autonomous districts to be shown separately in the annual financial statement.- The estimated receipts and expenditure pertaining to an autonomous district which are to be credited to, or is to be made from, the Consolidated Fund of the State _500*** shall be first placed before the District Council for discussion and then after such discussion be shown separately in the annual financial statement of the State to be laid before the Legislature of the State under article 202.

_501[14. Appointment of Commission to inquire into and report on the administration of autonomous districts and autonomous regions.- (1) The Governor may at any time appoint a Commission to examine and report on any matter specified by him relating to the administration of the autonomous districts and autonomous regions in the State, including matters specified in clauses (c), (d), (e) and (f) of sub-paragraph (3) of paragraph 1 of this Schedule, or may appoint a Commission to inquire into and report from time to time on the administration of autonomous districts and autonomous regions in the State generally and in particular on-

(a) the provision of educational and medical facilities and communications in such districts and regions;

(b) the need for any new or special legislation in respect of such districts and regions; and

and define the procedure to be followed by such Commission.

(2) The report of every such Commission with the recommendations of the Governor with respect thereto shall be laid before the Legislature of the State by the Minister concerned together with an explanatory memorandum regarding the action proposed to be taken thereon by _502[the Government of the State].

(3) In allocating the business of the Government of the State among his Ministers the Governor may place one of his Ministers specially in charge of the welfare of the autonomous districts and autonomous regions in the State.

_503[15. Annulment or suspension of acts and resolutions of District and Regional Councils.-(1) If at any time the Governor is satisfied that an act or resolution of a District or a Regional Council is likely to endanger the safety of India _504[or is likely to be prejudicial to public order], he may annul or suspend such act or resolution and take such steps as he may consider necessary (including the suspension of the Council and the assumption to himself of all or any of the powers vested in or exercisable by the Council) to prevent the commission or continuance of such act, or the giving of effect to such resolution.

(2) Any order made by the Governor under sub-paragraph (1) of this paragraph together with the reasons therefor shall be laid before the Legislature of the State as soon as possible and the order shall, unless revoked by the Legislature of the State, continue in force for a period of twleve months from the date on which it was so made:

Provided that if and so often as a resolution approving the continuance in force of such order is passed by the Legislature of the State, the order shall unless cancelled by the Governor continue in force for a further period of twelve months from the date on which under this paragraph it would otherwise have ceased to operate.

_505[16. Dissolution of a District or a Regional Council.- _506[(1)] The Governor may on the recommendation of a Commission appointed under paragraph 14 of this Schedule by public notification order the dissolution of a District or a Regional Council, and-

(a) direct that a fresh general election shall be held immediately for the reconstitution of the Council, or

(b) subject to the previous approval of the Legislature of the State assume the administration of the area under the authority of such Council himself or place the administration of such area under the Commission appointed under the said paragraph or any other body considered suitable by him for a period not exceeding twelve months:

Provided that when an order under clause (a) of this paragraph has been made, the Governor may take the action referred to in clause (b) of this paragraph with regard to the administration of the area in question pending the reconstitution of the Council on fresh general election:

Provided further that no action shall be taken under clause (b) of this paragraph without giving the District or the Regional Council, as the case may be, an opportunity of placing its views before the Legislature of the State.

_507[(2) If at any time the Governor is satisfied that a situation has arisen in which the administration of an autonomous district or region cannot be carried on in accordance with the provisions of this Schedule, he may, by public notification, assume to himself all or any of the functions or powers vested in or exercisable by the District Council or, as the case may be, the Regional Council and declare that such functions or powers shall be exercisable by such person or authority as he may specify in this behalf, for a period not exceeding six months:

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

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

17. Exclusion of areas from autonomous districts in forming constituencies in such districts.- For the purposes of elections to _508[the Legislative Assembly of Assam or Meghalaya] _509[or Tripura] _510[or Mizoram], the Governor may by order declare that any area within an autonomous district _511[in the State of Assam or Meghalaya] _509[or Tripura] _510[or Mizoram], as the case may be,] shall not form part of any constituency to fill a seat or seats in the Assembly reserved for any such district but shall form part of a constituency to fill a seat or seats in the Assembly not so reserved to be specified in the order.

_512* * * * *

19. Transitional provisions.- (1) As soon as possible after the commencement of this Constitution the Governor shall take steps for the constitution of a District Council for each autonomous district in the State under this Schedule and, until a District Council is so constituted for an autonomous district, the administration of such district shall be vested in the Governor and the following provisions shall apply to the administration of the areas within such district instead of the foregoing provisions of this Schedule, namely:-

(a) no Act of Parliament or of the Legislature of the State shall apply to any such area unless the Governor by public notification so directs; and the Governor in giving such a direction with respect to any Act may direct that the Act shall, in its application to the area or to any specified part thereof, have effect subject to such exceptions or modifications as he thinks fit;

(b) the Governor may make regulations for the peace and good government of any such area and any regulations so made may repeal or amend any Act of Parliament or of the Legislature of the State or any existing law which is for the time being applicable to such area.

(2) Any direction given by the Governor under clause (a) of sub-paragraph (1) of this paragraph may be given so as to have retrospective effect.

(3) All regulations made under clause (b) of sub-paragraph (1) of this paragraph shall be submitted forthwith to the President and, until assented to by him, shall have no effect.

_513[20. Tribal areas.- (1) The areas specified in Parts I, II _514[,IIA] and III of the table below shall respectively be the tribal areas within the State of Assam, the State of Meghalaya _514[,the State of Tripura] and the _515[State] of Mizoram.

(2) _516[Any reference in Part I, Part II or Part III of 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 paragraph 10 of this Schedule, no part of the area comprised within the municipality of Shillong shall be deemed to be within the _517[Khasi Hills District].

_514[(3) The reference in Part IIA in the table below to the "Tripura Tribal Areas District" shall be construed as a reference to the territory comprising the tribal areas specified in the First Schedule to the Tripura Tribal Areas Autonomous District Council Act, 1979.]

TABLE

Part I

1. The North Cachar Hills District.

2. _518[The Karbi Anglong District.]

Part II

_517[1. Khasi Hills District.

2. Jaintia Hills District.]

3. The Garo Hills District.

_514 [Part IIA

Tripura Tribal Areas District.]

Part III

_519* * * * *

_520[1. The Chakma District.

_521[2. The Mara District.

3. The Lai District.]]

_522[20A. Dissolution of the Mizo District Council.-(1) Notwithstanding anything in this Schedule, the District Council of the Mizo District existing immediately before the prescribed date (hereinafter referred to as the Mizo District Council) shall stand dissolved and cease to exist.

(2) The Administrator of the Union territory of Mizoram may, by one or more orders, provide for all or any of the following matters, namely:-

(a) the transfer, in whole or in part, of the assets, rights and liabilities of the Mizo District Council (including the rights and liabilities under any contract made by it) to the Union or to any other authority;

(b) the substitution of the Union or any other authority for the Mizo District Council, or the addition of the Union or any other authority, as a party to any legal proceedings to which the Mizo District Council is a party;

(c) the transfer or re-employment of any employees of the Mizo District Council to or by the Union or any other authoriy, the terms and conditions of service applicable to such employees after such transfer or re-employment;

(d) the continuance of any laws, made by the Mizo District Council and in force immediately before its dissolution, subject to such adaptations and modifications, whether by way of repeal or amendment, as the Administrator may make in this behalf, until such laws are altered, repealed or amended by a competent Legislature or other competent authority;

(e) such incidental, consequential and supplementary matters as the Administrator considers necessary.

Explanation.- In this paragraph and in paragraph 20B of this Schedule, the expression "prescribed date" means the date on which the Legislative Assembly of the Union territory of Mizoram is duly constituted under and in accordance with the provisions of the Government of Union Territories Act, 1963.

_523 20B. Autonomous regions in the Union territory of Mizoram to be autonomous districts and transitory provisions consequent thereto.-(1) Notwithstanding anything in this Schedule,-

(a) every autonomous region existing immediately before the prescribed date in the Union territory of Mizoram shall, on and from that date, be an autonomous district in that Union territory (hereafter referred to as the corresponding new district) and the Administrator thereof may, by one or more orders, direct that such consequential amendments as are necessary to give effect to the provisions of this clause shall be made in paragraph 20 of this Schedule (including Part III of the table appended to that paragraph) and thereupon the said paragraph and the said Part III shall be deemed to have been amended accordingly;

(b) every Regional Council of an autonomous region in the Union territory of Mizoram existing immediately before the prescribed date (hereafter referred to as the existing Regional Council) shall, on and from that date and until a District Council is duly constituted for the corresponding new district, be deemed to be the District Council of that district (hereafter referred to as the corresponding new District Council).

(2) Every member whether elected or nominated of an existing Regional Council shall be deemed to have been elected or, as the case may be, nominated to the corresponding new District Council and shall hold office until a District Council is duly constituted for the corresponding new district under this Schedule.

(3) Until rules are made under sub-paragraph (7) of paragraph 2 and sub-paragraph (4) of paragraph 4 of this Schedule by the corresponding new District Council, the rules made under the said provisions by the existing Regional Council and in force immediately before the prescribed date shall have effect in relation to the corresponding new District Council subject to such adaptations and modifications as may be made therein by the Administrator of the Union territory of Mizoram.

(4) The Administator of the Union territory of Mizoram may, by one or more orders, provide for all or any of the following matters, namely:-

(a) the transfer in whole or in part of the assets, rights and liabilities of the existing Regional Council (including the rights and liabilities under any contract made by it) to the corresponding new District Council;

(b) the substitution of the corresponding new District Council for the existing Regional Council as a party to the legal proceedings to which the existing Regional Council is a party;

(c) the transfer or re-employment of any employees of the existing Regional Council to or by the corresponding new District Council, the terms and conditions of service applicable to such employees after such transfer or re-employment;

(d) the continuance of any laws made by the existing Regional Council and in force immediately before the prescribed date, subject to such adaptations and modifications, whether by way of repeal or amendment, as the Administrator may make in this behalf until such laws are altered, repealed or amended by a competent Legislature or other competent authority;

(e) such incidental, consequential and supplementary matters as the Administrator considers necessary.

20C. Interpretation.- Subject to any 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, references to State (except in the expression "Government of the State") were references to the Union territory of Mizoram and references to the State Legislature were references to the Legislative Assembly of the Union territory of Mizoram;

(2) as if-

(a) in sub-paragraph (5) of paragraph 4, the provision for consultation with the Government of the State concerned had been omitted;

(b) in sub-paragraph (2) of paragraph 6, for the words "to which the executive power of the State extends", the words "with respect to which the Legislative Assembly of the Union territory of Mizoram has power to make laws" had been substituted;

21. Amendment of the Schedule.- (1) Parliament may from time to time by law amend by way of addition, variation or repeal any of the provisions of this Schedule and, when the Schedule is so amended, any reference to this Schedule in this Constitution shall be construed as a reference to such Schedule as so amended.

(2) No such law as is mentioned in sub-paragraph (1) of this paragraph shall be deemed to be an amendment of this Constitution for the purposes of article 368.

THE MANIPUR (HILL AREAS) DISTRICT COUNCILS (THIRD AMENDMENT) ACT, 2008

THE MANIPUR (HILL AREAS) DISTRICT COUNCILS (THIRD AMENDMENT) ACT, 2008

MANIPUR GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

No.276(A) Imphal, Monday, October 27, 2008 (Kartika-.5,1930)

GOVERNMENT OF MANIPUR

DEPARTMENT

NOTIFICATION

Imphal, the 27th October, 2008

No.2/56/2008-Ix:B/L: The following Act of the Legislature, Manipur which received assent of the Governor of Manipur on 27-70-2008 is hereby published in the official Gazette: THE MANIPUR (HILL AREAS) DISTRICT COUNCILS (THIRD AMENDMENT) ACT, 2008

(Manipur Act No. 7 of 2008)

An Act

Further to amend the Manipur (Hill Areas) District Councils Act, 1971 (Act No.76 of 1971).

WHEREAS, the Parliament enacted the Manipur (Hill Areas) District Councils Act, 1971. for the establishment of District Councils in the Hill Areas in the then Union Territory of Manipur;

AND WHEREAS, the Manipur (Hill Areas) District Councils Act, 1971 has continued to be in force in the State of Manipur with necessary adaptations under the Manipur (Adaptation of Laws) Order, 1972;

AND WHEREAS, the Manipur Legislative Assembly enacted the Manipur (Hill Areas) District Councils (First Amendment) Act, 1975 to amend section 23 of the Manipur (Hill Areas) District Councils Act, 1971;

AND WHEREAS, the Manipur Legislative Assembly enacted the Manipur Hill Areas Autonomous District Councils Act, 2000 (Manipur Act No.11 of 2OOO) which provided for repeal of the Manipur (Hill Areas) District Councils Act, 1971;

AND WHEREAS, the Manipur Hill Areas Autonomous District Council Act, 2000, however, was not brought into force

AND WHEREAS, the Manipur Legislative Assembly enacted the Manipur (Hill Areas) District Councils (Second Amendment) Act, 2006 which repealed the Manipur Hill Areas Autonomous Disitict Council Act, 2000;

AND WHEREAS, the Manipur Hill Areas Autonomous District Councils Bill. 2OO8 was introduced in the Manipur Legislative Assembly during the Third Session of the Ninth Legislative Assembly of Manipur but was withdrawn;

AND WHEREAS, it is expedient to continue the enforcement of the Manipur (Hill Areas) District Councils Act, 1971 with necessary amendments;

AND WHEREAS, it is expedient to consolidate/rationalise the law for establishment of the District Councils in the Hill Areas in the State of Manipur.

Be it enacted by the Legislature of Manipur in the Fifth-ninth Year of the Republic of India as follows:

1. Short title and commencement:

(1) This Act may be called the Manipur (Hill Areas) District Councils (Third Amendment) Act, 2008.

(2) The Manipur (Hill Areas) District Councils Act, 1971 shall continue to be in force with the amendments.

(3) It shall be deemed to have come into force with effect from 11th May, 2008.

2. General Amendments :- In the Manipur (Hill Areas) District Councils Act, 1971 (hereinafter to as the principal Act), after the word “Deputy Commissioner”, wherever they occur, the following words, “or Additional Deputy Commissioner, Kangpokpi in the case of Sadar Hill Areas” shall be inserted.

3. Amendment of section 2 :- In section 2 of the principal Act :

(1) for clause (f), the following new clause (f) shall be substituted, namely,-

(f), “Hill Areas” means the areas specified in the First Schedule to be the Manipur Legislative Assembly (Hill Areas Committee) Order, 1972.

(2) for clause (g), the following new clause (g) shall be substituted, namely:

(g) “Hill Areas Committee” means the Hill Areas Committee constituted under the Manipur Legislative Assembly (Hill Areas Committee) Order, 1972.

4. Amendment of section 4 :- In sub-section (2) of section 4 of the principal Act, for the words “eighteen”, the words “twenty four” shall be substituted.

5. Amendment of section 11:- For section 11 of the principal Act, the following new section 11 shall be substituted, namely:

“11. Election of Members of District Council:- (1) The superintendence, direction and control of the preparation of electoral rolls for and the conduct of all elections to the District Councils under this Act and the rules made thereunder shall be vested in a State Election Commission consisting of a State Election Commissioner to be appointed by the Governor.

Provided that a casual vacancy shall be filled up as soon as after the occurrence of the vacancy

Provided further that no election shall be held to fill up a casual vacancy occurring within six months prior to the holding of a general election to the District Councils under this section.

(2) Subject to the provisions of any law made by the Legislature of Manipur, 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 ground 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 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 sub-section (1) above.”

6. Amendment of section 23.- In section 23(2) of the principal Act, the following words, “or Vice-Chairman” shall be inserted between the words, “The Chairman” and “of the District Council”.

7. Insertion of new sections 27 A and 27 B. ~ After section 27 of the principal Act, the following new sections 27A and 27B shall be inserted, namely:

“27A. Constitution of Executive Committee. - (1) There shall be constituted an Executive Committee in a District Council consisting of a Chairman, Vice-Chairman and five other Members.

(2) The Chairman and the Vice-chairman of the District Council shall be the ex-Officio Chairman and Vice-Chairman respectively of the Executive Committee and five other Executive Members shall be nominated by the Chairman from amongst the Members of the District Council.

(3) All administrative functions of the District Council as may be specified shall vest in the Executive Committee.

(4) Upon removal or resignation of the Chairman, or in the event the Chairman ceases to be the Chairman of the District Council for any reason, the nominated Executive Members shall cease to be members of the Executive Committee.

27B. Salaries and Allowances of Chairman, Vice-Chairman and Members. -The Chairman, the Vice-Chairman, the Executive Members and the Members of District Council shall be entitled to such salaries and allowances as may be determined by the Government.

8. Amendment of section 29, In sub-section (1) of section 29 of the principal Act, entries(i) to (xvii) shall be substituted by the following entries (i) to (xxvi), namely:

“(i) the maintenance and management of such property, moveable and immovable, and institutions as may be transferred to the Council by the Governor;

(ii) the construction, repair and maintenance of such of the roads, bridges, channels and buildings as may be transferred to that Council by the Governor;

(iii) the establishment, maintenance and management of schools upto class VIII;

(iv) the establishment, maintenance and management of medical dispensaries and Primary Health Sub-Centres;

(v) the establishment and maintenance of cattle pounds including such function under the Cattle-trespass Act, 1871 as may be transferred to that Council by the Governor;

(vi) the establishment, maintenance and management of markets and fairs and the construction, repair and maintenance of all buildings connected therewith;

(vii) water supply and sanitation schemes;

(viii) the construction, repair and maintenance of embankments and the supply, storage and control of water for agricultural purposes including minor irrigation schemes;

(ix) the preservation, reclamation and conservation of soils;

(x) animal husbandry and veterinary dispensaries;

(xi) management of such ferries as may be entrusted to the charge of that Council by the Governor;

(xii) the initiation, inspection, and control of relief works;

(xiii) the allotment, occupation or use, or the setting apart of land, other than land acquired for any public purpose or land which is a reserved forest, for the purpose of agricultural or grazing or for residential or other non-agricultural purposes or for any other purposes likely to promote the interest of the inhabitants of any village or town situated within the autonomous District for which that Council is Constituted;

(xiv) the management of any forest not being a reserved forest, minor forest produce including fuel and fodder;

(xv) the regulation of the practice of Jhum or other form of shifting cultivation;

(xvi) fisheries;

(xvii) co-operatives;

(xviii) sports and youth affairs;

(xix) adult and non formal education;

(xx) horticulture and floriculture;

(xxi) rural housing and schemes under rural development including tribal development;

(xxii) khadi & village industries and cottage industries;

(xxiii) small scale industries.

(xxiv) non-conventional energy sources ;

(xxv) library and culture activities ;

(xxvi) any other matter which the Governor may, in consultation with the Hill Areas Committee, entrust to the District Council in the field of agriculture, animal husbandry, community development, .social and tribal welfare, village planning or any other matter.”

9. Addition of new section 29A. - After section 29 of the principal Act, the following new section 29A shall be added, namely :

“ 29A. Recommendation for recognition of village - The District Council may recommend a village for recognition to the State Government subject to a resolution passed by a simple majority of the total members of the District Council on fulfilment of the conditions as may be prescribed.”

10. Amendment of section 42.- In section 42 of the principal Act, the word, “Magistrate”, shall be substituted by the words “competent court or authority established under a law for the time being in force”.

11. Repeal and savings.- (1) The Manipur (Hill Areas) District Councils (Third Amendment) Ordinance, 2008 is hereby repealed.

(2) Notwithstanding the repeal of this Ordinance, anything done and any action taken under the said Ordinance shall be deemed to have been done and acted under the corresponding provisions of this Act and shall continue to be in force until superseded.

A. SUKUMAR SINGH,

Secretary (Law),

Govt. of Manipur.

Printed at the Directorate of Printing and Stationary. Govt of Manipur 310-C 27-10-2008

THE MANIPUR (HILL AREAS) DISTRICT COUNCILS ACT, 1971

Central Government Act

THE MANIPUR (HILL AREAS) DISTRICT COUNCILS ACT, 1971

ACT NO. 76 OF 1971 [26th December, 1971.]

An Act to provide for the establishment of District Councils in the Hill Areas in the Union territory of Manipur.

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

CHAPTER I - PRELIMINARY

1. Short title and extent.

(a) This Act may be called the Manipur (Hill Areas) District Councils Act, 1971 .

(b) It extends to the whole of the Union territory of Manipur.

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

(a) " Administrator" means the administrator of the Union territory of Manipur appointed under article 239 of the Constitution;

(b) " autonomous district" means an autonomous district referred to in sub- section (1) of section 3;

(c) " building" includes a house, out- house, stable, latrine, urinal, shed, hut, wall (other than boundary wall) and any other structure (whether of masonry, bricks, wood, mud or other material) but does not include any portable or temporary shelter;

(d) " constituency" means a District Council constituency provided by order made under section 5 for the purpose of elections to the District Council;

(e) " Deputy Commissioner", in relation to any District Council, means the officer appointed as such by the Administrator, by notification in the Official Gazette, to perform the functions of the Deputy Commissioner under this Act in the autonomous district for which such District Council has been constituted;

(f) " Hill Areas" means the Hill Areas determined by the President by any notification issued under sub- section (2) of section 52 of the Government of Union Territories Act, 1963 (20 of 1963 .) and in force immediately before the commencement of this Act;

(g) " Hill Areas Committee" means the Standing Committee referred to in section 52 of the Government of Union Territories Act, 1963 ; (20 of 1963 .)

(h) " market" includes any place where persons assemble for the sale of, or for the purpose of exposing for sale of, meat, fish, fruit, vegetables, animals intended for human food or any other articles of human food whatsoever with or without the consent of the owner of such place notwithstanding that there may be no common regulation for the concourse of buyers and sellers and whether or not any control is exercised over the business of, or the persons frequenting, the market by the owner of the place or by any other persons;

(i) " member" means a member of a District Council constituted under this Act;

(j) " Official Gazette" means the Gazette of the Union territory of Manipur;

(k) " person" does not include a body of persons;

(l) " prescribed" means prescribed by rules made under this Act;

(m) " Scheduled Tribes" has the same meaning assigned to it in clause (25) of article 366 of the Constitution;

(n) " vehicle" includes a carriage, cart, hand- cart, bicycle, tricycle and every wheeled conveyance which is used or is capable of being used on a street but does not include a mechanically propelled vehicle.

CHAPTER II - CONSTITUTION OF DISTRICT COUNCILS

3. Division of Hill Areas into autonomous districts.

(1) As soon as may be after the commencement of this Act, the Administrator shall cause all the Hill Areas to be divided into not more than six autonomous districts.

(2) The Administrator may, by order notified in the Official Gazette,--

(a) declare that any area in any autonomous district which is, or is intended to be, included within the limits of any

municipality, cantonment or town committee shall cease to be a part of such autonomous district;

(b) increase the area of any autonomous district;

(d) unite two or more autonomous districts or parts thereof so as to form one autonomous district;

(e) define the boundaries of any autonomous district;

(f) alter the name of any autonomous district.

(3) No order under sub- section (2) shall be made by the Administrator except after consultation with the Hill Areas Committee.

(4) Any order made by the Administrator under sub- section (2) may contain such incidental and consequential provisions as appear to the Administrator to be necessary for giving effect to the provisions of the order.

4. Constitution of District Councils and their composition.

(1) For each autonomous district there shall be a District Council as from such date as the Administrator may, by notification in the Official Gazette, appoint in this behalf.

(2) The total number of seats in the District Council to be filled by persons chosen by direct election on the basis of adult suffrage from territorial constituencies shall be not more than eighteen.

(3) The Administrator may nominate not more than two persons, not being persons in the service of Government, to be members of any District Council.

5. Delimitation of constituencies. The Administrator shall, by order, determine--

(a) the constituencies (which shall be single member constituencies) into which an autonomous district shall be divided for the purpose of election of members to the District Council of that district; and

(b) the extent of each constituency.

6. Power to alter or amend delimitation orders. The Administrator may, from time to time, by order, alter or amend any order made under section 5.

7. Qualifications for membership. A person shall not be qualified to be chosen as a member of a District Council of any autonomous district unless he is an elector for any District Council constituency in that autonomous district.

8. Disqualifications for membership.

(1) A person shall be disqualified for being chosen as a member of a District Council if he is for the time being disqualified for being chosen as a member of either House of Parliament or holds any office of profit under any District Council.

(2) For the purposes of this section, a person shall not be deemed to hold an office of profit under a District Council by reason only that he is a member thereof.

9. Electors on electoral rolls.

(1) The persons entitled to vote at elections of members of a District Council shall be the persons entitled, by virtue of the provisions of the Constitution and the Representation of the People Act, 1950 , (43 of 1950 .) to be registered as voters at elections to the House of the People.

(2) So much of the electoral roll for any parliamentary constituency for the time being in force as relates to the areas comprised within a constituency formed under section 5 shall be deemed to be the electoral roll for that constituency for the purposes of this Act.

10. Right to vote.

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

(2) Every person shall give one vote and no more to any one candidate at an election.

11. Election of members. Election of members of a District Council shall be held in accordance with the rules made under section 21 on such date or dates as the Administrator may, by notification in the Official Gazette, direct: Provided that a casual vacancy shall be filled as soon as may be after the occurrence of the vacancy: Provided further that no election shall be held to fill up a casual vacancy occurring within four months prior to the holding of a general election under this section.

12. Notification of results of elections. The names of all persons elected or nominated to be members of a District Council shall be published by the Administrator in the Official Gazette.

13. Term of office of members.

(1) Save as otherwise provided in this section, the term of office of a member shall be five years and shall commence from the date of the notification of his election or nomination under section 12 or from

the date on which the vacancy in which he is elected or nominated has occurred, whichever date is later: Provided that the Adminstrator may, when satisfied that it is necessary in order to avoid administrative difficulty, extend the term of office of all the members by such period not exceeding one year as he thinks fit.

(2) The term of office of a member elected to fill a casual vacancy shall commence from the date of the notification of his election and shall continue so long only as the member in whose place he is elected would have been entitled to hold office if the vacancy had not occurred.

14. Disputes as to elections.

(1) No election of a member shall be called in question except by an election petition presented to the court of the District Judge having jurisdiction in the area in which the constituency concerned is situated, within thirty days from the date of the notification of the result of the election under section 12.

(2) An election petition calling in question any such election may be presented on one or more of the grounds specified in section 16 by any candidate at such election or by any elector of the constituency.

(3) A petitioner shall join as respondents to his petition all the candidates at the election.

(4) An election petition--

(a) shall contain a concise statement of the material facts on which the petitioner relies;

(b) shall, with sufficient particulars, set forth the ground or grounds on which the election is called in question; and

(c) shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 (5 of 1908 .) for the verification of pleadings.

15. Relief that may be claimed by petitioner. A petitioner may, in addition to claiming a declaration that the election of all or any of the returned candidates is void, claim a further declaration that he himself or any other candidate has been duly elected.

16. Grounds on which an election may be called in question. The election of a returned candidate may be called in question on any one or more of the following grounds, namely:--

(a) that on the date of his election the returned candidate was not qualified to be elected, or he was disqualified for being elected, as a member under this Act; or

(b) that the nomination paper of any candidate at the election has been improperly rejected; or

(c) that the result of the election has been materially affected by the improper acceptance of a nomination paper or by the improper acceptance or refusal of a vote or by any other cause.

17. Procedure to be followed by the District Judge. The procedure provided in the Code of Civil Procedure, 1908 (5 of 1908 .) in regard to suits shall be followed by the court of the District Judge, as far as it can be made applicable, in the trial and disposal of an election petition under this Act.

18. Decision of the District Judge.

(1) At the conclusion of the trial of an election petition, the court of the District Judge shall make an order--

(a) dismissing the election petition; or

(b) declaring the election of all or any of the returned candidates to be void; or

(c) declaring the election of all or any of the returned candidates to be void and the petitioner or any other candidate to have been duly elected.

(2) If any person who has filed an election petition has, in addition to calling in question the election of the returned candidate, claimed a declaration that he himself or any other candidate has been duly elected and the court of the District Judge is of opinion--

(a) that in fact the petitioner or such other candidate received a majority of the valid votes; or

(b) that but for the votes obtained by the returned candidate, the petitioner or such other candidate would have obtained a majority of the valid votes, the court of the District Judge shall, after declaring the election of the returned candidate to be void, declare the petitioner or such other candidate, as the case may be, to have been duly elected.

19. Procedure in case of equality of votes.

(1) If during the trial of an election petition it appears that there is equality of votes between any candidates at the election and that the addition of a vote would entitle any of those candidates to be declared elected, then, the court of the District Judge shall decide between them by lot and proceed as if the one on whom the lot falls had received an additional vote.

20. Finality of decisions.

(1) An order of the court of the District Judge on an election petition shall be final and conclusive.

(2) An election of a member not called in question in accordance with the foregoing provisions shall be deemed to be a good and valid election.

21. Power to make rules regulating the election of members. The Administrator may make rules to regulate all or any of the following matters for the purpose of the holding of elections of members under this Act, namely:--

(a) the manner of the splitting up of electoral rolls for parliamentary constituencies into parts for the purpose of constituting one or more of such parts into electoral roll for a constituency; and the officer or authority by whom such splitting up is to be carried out;

(b) the drawing up of the programme of election;

(d) the nomination of candidates and the scrutiny of such nomination;

(e) the deposits to be made by candidates and the time and manner of making such deposits;

(f) the withdrawal of candidatures;

(g) the appointment of agents of candidates;

(h) the time and manner of holding elections;

(i) the general procedure at the elections including the time, place and hours of poll and the method by which votes shall be cast;

(j) the fee to be paid on an election petition;

(k) any other matter relating to elections or election disputes in respect of which the Administrator deems it necessary to make rules under this section or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Administrator, necessary.

22. Incorporation of District Councils. Each District Council shall be a body corporate by the name respectively of" the District Council of (name of autonomous district)" and shall have perpetual succession and a common seal with power to acquire, hold and dispose of property and to contract and may by the said name sue and be sued.

23. Chairman and Vice- Chairman.

(1) A District Council shall, as soon as may be, choose two members to be respectively Chairman and Vice- Chairman thereof and so often as the office of Chairman or Vice- Chairman becomes vacant, the Council shall choose another member to be Chairman or Vice- Chairman, as the case may be: Provided that the Administrator may nominate the first Chairman who shall hold office for a period not exceeding one year.

(2) If a resolution for the removal of an elected Chairman is passed by not less than two- thirds of the total membership of the Council at a meeting convened in accordance with the provisions of sub- section (3), such resolution shall have the effect of removing the Chairman from his office as from the date on which the resolution is so passed and if such resolution is passed by less than two- thirds but not less than one- half of the total membership of the Council, the Administrator may, by order in writing, remove, for reasons to be recorded, the Chairman from his office as from such date as may be specified in the order: Provided that no such resolution shall be brought within one year from the date of election of the Chairman: Provided further that if the resolution is not passed by not less than two- thirds of the total membership of the Council, no other resolution for the removal of the Chairman shall be allowed to be considered within one year from the date on which such resolution was considered.

(3) A notice in writing of the intention to move a resolution referred to in sub- section (2) signed by not less than one- third of the total membership of the Council together with a copy of the proposed resolution shall be delivered to the Deputy Commissioner in accordance with the rules made by the Deputy Commissioner in this behalf and the Deputy Commissioner shall, after giving not less than fifteen days' notice thereon, convene for consideration of the resolution a meeting of the Council to be held in the office of the Council on a date not later than thirty days from the date on which the notice was delivered to him and he shall preside over the meeting.

(4) The Chairman of the Council shall be a whole- time functionary and shall be entitled to such salary or allowances as may be fixed by the Administrator.

24. Oath or affirmation by members. Every member shall, before taking his seat, make and subscribe at a meeting of the District Council, an oath or affirmation in the prescribed form.

25. Vacation of seats.

(1) No person shall be a member both of the Legislative Assembly of the Union territory of Manipur and of a District Council and if a person is chosen a member both of the Legislative Assembly and of a District Council, then, at the expiration of fourteen days from the date of publication in the Official Gazette that he has been so chosen, that person' s seat in the District Council shall become vacant unless he has previously resigned his seat in the Legislative Assembly.

(2) If a member--

(a) becomes subject to any of the disqualifications mentioned in section 8; or

(b) resigns his seat by writing under his hand addressed to the Chairman of the District Council, his seat shall thereupon become vacant.

(3) If during the six successive months a member is, without the permission of the District Council, absent from all meetings thereof, the Council may declare his seat vacant.

(4) If any question arises as to whether a member has become subject to any of the disqualifications mentioned in section 8, it shall be referred to the District Judge having jurisdiction in the area in which the constituency concerned is situated and his decision shall be final.

26. Allowances of members. Subject to the provisions of sub- section (4) of section 23, every member shall be entitled to receive such allowances as may be determined by the Administrator.

27. Liability of members. Every person shall be liable for the loss, waste or misappropriation of any money or other property belonging to a District Council, if such loss, waste or misappropriation is a direct consequence of his neglect or misconduct while a member of the District Council and a suit for compensation may be instituted against him by the Council with the previous sanction of the Deputy Commissioner or by the Deputy Commissioner with the previous sanction of the Administrator.

28. Members to be deemed to be public servants. Every member shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code. (45 of 1860 .)

CHAPTER III - FUNCTIONS OF DISTRICT COUNCILS

29. Functions of District Councils.

(1) Subject to such exceptions and conditions as the Administrator may make and impose, the following matters shall be under the control and administration of a District Council, namely:--

(i) the maintenance and management of such property, movable and immovable, and institutions as may be transferred to that Council by the Administrator;

(ii) the construction, repair and maintenance of such of the roads, bridges, channels and buildings as may be transferred to that Council by the Administrator;

(iii) the establishment, maintenance and management of primary schools and the construction and repair of all buildings connected with these institutions and institution of scholarships;

(iv) the establishment, maintenance and management of dispensaries;

(v) the establishment and maintenance of cattle pounds including such functions under the Cattle- trespass Act, 1871 (1 of 1871 .) as may be transferred to that Council by the Administrator;

(vi) the establishment, maintenance and management of markets and fairs and the construction, repair and maintenance of all buildings connected therewith;

(vii) the supply, storage and prevention from pollution of water for drinking, cooking and bathing purposes;

(viii) the construction, repair and maintenance of embankments and the supply, storage and control of water for agricultural purposes;

(ix) the preservation and reclamation of soil;

(x) the preservation, protection and improvement of live- stock and prevention of animal diseases;

(xi) public health and sanitation;

(xii) the management of such ferries as may be entrusted to the charge of that Council by the Administrator;

(xiii) the initiation, inspection and control of relief works;

(xiv) the allotment, occupation or use, or the setting apart of land, other than land acquired for any public purpose or land which is a reserved forest, for the purpose of agriculture or grazing or for residential or other non- agricultural purposes or for any other purposes likely to promote the interests of the inhabitants of any village or town situated within the autonomous district for which that council is constituted;

(xv) the management of any forest not being a reserved forest;

(xvi) the regulation of the practice of Jhum or other form of shifting cultivation; and

(xvii) any other matter which the Administrator may, in consultation with the Hill Areas Committee, entrust to the District Council in the field of agriculture, animal husbandry, community development, social and tribal welfare, village planning or any other matter referred to in section 52 of the Government of Union Territories Act, 1963 (20 of 1963 .).

(2) It shall be competent for a District Council to recommend to the Government of the Union territory of Manipur legislation relating to the following matters in so far as they concern members of the Scheduled Tribes, namely:--

(a) appointment or succession of Chiefs;

(b) inheritance of property;

(d) social customs.

CHAPTER IV - PROCEDURE AND STAFF OF DISTRICT COUNCILS

30. Conduct of business. A District Council shall conduct its business in such manner and in accordance with such procedure as may be prescribed.

31. Committees. A District Council may, from time to time, appoint out of its own body such and so many committees for the efficient discharge of its duties as may be necessary.

32. Officers and staff.

(1) For every District Council there shall be a Chief Executive Officer, who shall be appointed by the Administrator.

(2) If a resolution for removal of the Chief Executive Officer is passed at a meeting of the District Council by a majority of not less than two- thirds of the total membership of the Council, the Administrator shall remove him forthwith.

(3) The District Council shall appoint such officers and staff as may be necessary for the proper and efficient execution of its duties and make regulations for their conditions of service.

(4) The power of appointing officers and staff (whether temporary or permanent) shall be exercised in accordance with the rules framed for the purpose by the Administrator.

(5) The conditions of service applicable to a person immediately before his appointment to a post under a District Council shall not be varied to his disadvantage except with the previous approval of the Administrator.

(6) Every officer or member of staff of a District Council shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code. (45 of 1860 .)

CHAPTER V - FINANCE OF DISTRICT COUNCILS AND VESTING OF PROPERTY

33. Powers of taxation. Notwithstanding anything to the contrary contained in any other law for the time being in force, a District Council shall have the power to levy all or any of the following taxes within the autonomous district for which the Council is constituted, that is to say--

(a) taxes on professions, trades, callings and employments;

(b) taxes on animals, vehicles (other than mechanically propelled vehicles) and boats;

(d) taxes for the maintenance of schools, dispensaries or roads; and

(e) any other tax falling under List II of the Seventh Schedule to the Constitution which the Legislature of the Union territory of Manipur may, by law, empower the District Council to levy.

34. Levy of fees. A District Council may fix and levy--

(a) school fees; and

(b) fees for the use of, or benefits derived from, any of the works done or services rendered under section 29.

35. Procedure for imposing taxes.

(1) A District Council may resolve at a meeting specially convened for the purpose to propose the imposition of any of the taxes mentioned in section 33.

(2) When a resolution has been passed, the Council shall publish a notice in the Official Gazette and also in the prescribed manner, defining

the class of persons or description of property proposed to be taxed, the amount or rate of tax to be imposed and the system of assessment to be adopted.

(3) Any person, directly or indirectly affected by the proposed tax and objecting to it, may, within thirty days from the publication of the notice, send his objections in writing to the Council and the Council shall, at a specially convened meeting, take all such objections into consideration.

(4) If no objection is sent within the said period of thirty days or if the objections received are deemed insufficient, the Council may submit its proposals to the Administrator with the objections, if any, and its decision thereon.

(5) The Administrator may then sanction the proposals or refuse to sanction them or return them to the Council for further consideration.

(6) When the proposal in respect of a tax has been sanctioned, the Administrator shall notify its imposition in the Official Gazette and specify a date not later than three months from the date of notification on which the tax shall come into force.

36. Abolition or reduction of taxes. The Administrator may, by notification in the Official Gazette, and a District Council may with the previous approval of the Administrator by a resolution passed at a meeting specially convened for the purpose, abolish or reduce any tax imposed under section 33.

37. Recovery of taxes and fees. All arrears of taxes and fees levied under this Act may be recovered under the law for the time being in force for the recovery public dues as if such arrears were public dues.

38. Assessment and collection of taxes and fees. A District council may, by notification in the Official Gazette, determine the person by whom any tax or fee shall be assessed and collected and make rules for the assessment and collection of such tax or fee and direct in what manner persons employed in the assessment or collection shall be remunerated.

39. Appeals.

(1) In matters connected with the assessment and collection of any tax or fee levied under this Act, an appeal shall lie from the order of any person authorised to make assessment or collections to such person as the Administrator may appoint or designate for the purpose.

(2) An appeal under sub- section (1) shall be presented within thirty days from the date of the order.

(3) The order passed on the appeal shall be final.

40. Instalments of taxes and fees. A District Council may, by notification in the Official Gazette and with the previous approval of the Deputy Commissioner, prescribe by what instalments and at what times any tax or fee shall be payable.

41. Power to exempt from taxation. A District Council may, with the previous approval of the Administrator, by notification in the Official Gazette, remit or reduce any tax or fee or exempt any persons or class of persons or any description of property, wholly or in part, from liability to any tax or fee and cancel any such remission, reduction or exemption.

42. Recoveries of moneys claimable by the Council.

(1) Save as provided by section 37, all moneys claimable by a District Council may be recovered on an application to a Magistrate having jurisdiction in the area where the person from whom the money is claimable may, for the time being, be resident, by the distress and sale of any movable property or by the attachment and sale of any immovable property, within the limits of his jurisdiction belonging to such person and the cost of such proceedings shall be recoverable in the same manner as the said moneys.

(2) An application for recovery of money shall be in writing and shall be signed by an officer authorised in this behalf by order of the Chairman of the Council.

43. Council Fund.

(1) All moneys received by or on behalf of a District Council under the provisions of this Act or any other law for the time being in force shall be credited to a fund which shall be called the" Council Fund" and it shall be held by the District Council in trust for the purposes of this Act.

(2) All expenditure of the Council shall be defrayed out of the Council Fund.

(3) The Administrator may make rules for the management of the Council Fund and for the procedure to be followed in respect of payment of money into the said Fund, the withdrawal of moneys therefrom, the custody of moneys therein and any other matter connected with or ancillary to the matters aforesaid.

(4) The accounts of a District Council shall be kept in such form as may be prescribed.

(5) The accounts of a District Council shall be audited in such manner as may be prescribed.

44. Property vested in District Council. Subject to any order of the Administrator, all property of the nature specified below and situated in the autonomous district shall vest in and belong to the District Council for which it is constituted and shall,

with all other property which may become vested in the Council, be under its direction, management and control and shall be held and applied for the purposes of this Act--

(a) all public buildings, constructed or maintained out of the Council Fund;

(b) all public roads which have been constructed or are maintained out of the Council Fund and the stones and other materials thereof and also all trees, erections, materials, implements and things provided for such roads;

(c) all land or other property transferred to the District Council by the Administrator or by gift, sale or otherwise for public purposes.

45. Budget.

(1) A District Council shall, on or before a prescribed day in each year submit to the Administrator an estimate of the income and expenditure of the Council for the next financial year in such form as may be prescribed.

(2) The Administrator may, on or before a prescribed day, return the estimate of the Council with or without modifications.

(3) When a budget is returned with modifications under sub- section (2), the Council shall consider the proposed modifications, take a decision thereon and report the same to the Administrator.

(4) The budget estimate finally adopted by the Council shall be the budget of the District Council.

(5) Any subsequent alteration in the budget or reappropriation or transfer of provision within the estimate shall be made with the approval of the Administrator.

CHAPTER VI - CONTROL

46. Control.

(1) It shall be the duty of the Chairman of a District Council to furnish to the Deputy Commissioner a copy of the proceedings of the meetings of the Council and such other information as the Deputy Commissioner may require.

(2) The Deputy Commissioner shall have the power to give to any District Council all such directions as he may consider necessary in res-

pect of subjects, curricula, text books and standards of teaching in schools vested wholly or partly in the Council and in schools wholly or partly maintained by grants payable from the Council Fund and the Council shall comply with such directions.

(3) The Deputy Commissioner may, by order, and for reasons to be recorded, suspend the execution of any resolution or order of any District Council or prohibit the doing of any act which is about to be done, or is being done, in pursuance of or under cover of any provision of the law relating to the constitution or functions of the District Council, if, in his opinion, the resolution, order or act is in excess of the powers conferred by law or the execution of the resolution or order or the doing of the act is likely to lead to a breach of the peace, or to cause annoyance or injury to the public or to any class or body of persons: Provided that the Council may, within fifteen days of the date of the order of the Deputy Commissioner offer such explanation as it deems fit in relation to the execution of the resolution or order which has been suspended or the doing of the act has been prohibited.

(4) When the Deputy Commissioner makes any order as aforesaid, he shall forthwith send a copy of it to the Administrator with a statement of the reasons for making it and forward in due course to the Administrator the explanation, if any, offered by the Council and the Administrator may, thereupon, confirm, modify or rescind the order of the Deputy Commissioner.

47. Supersession of District Council.

(1) If, on receipt of a report from the Deputy Commissioner or otherwise, the Administrator is of opinion that--

(a) any District Council is not competent to perform, or persistently makes default in the performance of, the duties imposed on it by or under this Act or any other law; or

(b) any District Council exceeds or abuses its powers; or

(d) a situation has arisen in which the administration of any District Council cannot be carried on in accordance with the provisions of this Act, the Administrator may, by an order published, together with a statement of reasons therefor, in the Official Gazette, supersede such Council for such period, not exceeding one year, as may be specified in the order: Provided that before making an order of supersession as aforesaid under clause (a) or clause (b) or clause (c), reasonable opportunity shall

be given to such Council to show cause why such order of supersession should not be made: Provided further that the period of supersession may be extended for any further period or periods not exceeding six months at a time in consultation with the Hill Areas Committee.

(2) When any District Council is superseded by an order under subsection (1),--

(a) all the members of the Council (including the Chairman and Vice- Chairman thereof) shall, on such date as may be specified in the order, vacate their offices as such members without prejudice to their eligibility for election or nomination under clause (d);

(b) during the period of supersession of the Council, all powers and duties conferred and imposed upon the Council by or under this Act or any other law shall be exercised and performed by such officer or authority as the Administrator may appoint in this behalf;

(d) before the expiry of the period of supersession, election or nomination, as the case may be, of members to the Council shall be held or made for the purpose of reconstituting the Council.

48. Effect of certain provisions during the period when the Hill Areas Committee is not functioning. Where at any time, consequent on the dissolution of the Legislative Assembly of the Union territory of Manipur, the Hill Areas Committee is not functioning, then, during the period when such Committee is not functioning,--

(i) section 3 shall have effect as if sub- section (3) thereof had been omitted;

(ii) clause (xvii) of section 29 and the second proviso to subsection (1) of section 47 have effect as if the words" in consultation with the Hill Areas Committee" had been omitted therefrom.

CHAPTER VII - OFFENCES AND PENALTIES

49. Penalty for obstruction. If any person wilfully obstructs a District Council or any officer or servant of a District Council or any person authorised by the District Council in the exercise of its powers, he shall be punishable with fine which may extend to fifty rupees.

50. Penalty for entering into any contract with the Council. If any member, officer or other employee of a District Council enters into any contract with the Council, he shall be deemed to have committed an offence under section 168 of the Indian Penal Code.

CHAPTER VIII - RULES AND BYE- LAWS

51. Power of Administrator to make rules.

(1) Without prejudice to the power to make rules under any other provision of this Act, the Administrator may, after previous publication, make, by notification in the Official Gazette, rules for the purpose of carrying out the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may--

(i) regulate the conduct of business of a District Council;

(ii) prescribe the forms in which the budget estimate is to be prepared and the dates for the various stages of its completion;

(iii) determine the language in which the business of a District Council will be transacted;

(iv) regulate the powers of a District Council to transfer property;

(v) regulate the powers of a District Council to contract and do other things necessary for the purposes of its constitution and the mode of executing contracts;

(vi) regulate the employment, payment, suspension and removal of officers and staff of a District Council;

(vii) protect the terms and conditions of service of Government servants transferred to a District Council;

(viii) prescribe the forms for statements, registers, estimates and accounts of a District Council and regulate the keeping, checking and publication of such accounts;

(ix) prescribe the authority by whom and the manner in which the accounts of a District Council shall be audited; and

(x) provide for any other matter for which rules have to be made under this Act.

52. Power to make bye- laws.

(1) Subject to the provisions of this Act and of the rules made thereunder, a District Council may make bye- laws to provide for all or any of the following matters in the autonomous district for which it is constituted or in any part thereof, namely:--

(a) the maintenance and management of schools and grants of stipends and scholarships;

(b) control and administration of dispensaries, their construction and repairs, the supply of medicines and the measures to be taken during the prevalence of diseases;

(c) the protection from pollution of such tanks, springs, wells or parts of rivers, streams, channels or water courses as are set apart for drinking or culinary purposes;

(d) any other matter which is necessary for carrying out all of any of the provisions of this Act and the rules made there- under.

(2) A bye- law made under sub- section (1) shall not have effect until it has been confirmed by the Administrator and published in such manner as he may direct.

(3) The Administrator, in confirming a bye- law, may make any change therein which appears to him to be necessary.

53. Penalty for infringement of rules or bye- laws.

(1) In making any rule, the Administrator, and in making any bye- law, a District Council, may direct that the breach of the same shall be punishable with fine which may extend to one hundred rupees and in the case of a continuing breach with a further fine which may extend to ten rupees of every day during which the breach is continued after the offender has been convicted of such breach.

(2) In default of payment of any fine, the defaulter shall be punishable with imprisonment for a term which may extend to fifteen days.

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