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FIFTH SCHEDULE
[Article 244(1)
Provisions as to the Administration and Control of Scheduled
Areas and Scheduled Tribes
PART A
General
1. Interpretation.—
In this Schedule, unless the context otherwise requires, the expression
‘State’ *** does not include the States of Assam , Meghalaya,
Tripura and Mizoram.
2. Executive power of a State in Scheduled Areas.—
Subject to the provisions of this Schedule, the executive power of a State
extends to the Scheduled Areas therein.
3. Report by the Governor *** to the President regarding the administration
of Scheduled Areas.—
The Governor *** of each State having Scheduled Areas therein shall annually,
or whenever so required by the President, make a report to the President
regarding the administration of the Scheduled Areas in that State and the
executive power of the Union shall extend to the giving of directions to the
State as to the administration of the said areas.
PART B
ADMINISTRATION AND CONTROL OF SCHEDULED AREAS AND SCHEDULED TRIBES
4. Tribes Advisory Council.—
(1) There shall be established in each State having Scheduled Areas therein
and, if the President so directs, also in any State having Scheduled Tribes
but not Scheduled Areas therein, a Tribes Advisory Council consisting of not
more than twenty members of whom, as nearly as may be, three-fourths shall be
the representatives of the Scheduled Tribes in the Legislative Assembly of
the State:
Provided that if the number of representatives of the Scheduled Tribes in the
Legislative Assembly of the State is less than the number of seats in the
Tribes Advisory Council to be filled by such representatives, the remaining
seats shall be filled by other members of those tribes.
(2) It shall be the duty of the Tribes Advisory Council to advise on such
matters pertaining to the welfare and advancement of the Scheduled Tribes in
the State as may be referred to them by the Governor ***.
(3) The Governor *** may make rules prescribing or regulating, as the case
may be,
(a) the number of members of the Council, the mode of their appointment and
the appointment of the Chairman of the Council and of the officers and
servants thereof,
(b) the conduct of its meetings and its procedure in general; and
(c) all other incidental matters.
5. Law applicable to Scheduled Areas.—
(1) Notwithstanding anything in this Constitution, the Governor *** may by
public notification direct that any particular Act of Parliament or of the
Legislature of the State shall not apply to a Scheduled Area or any part
thereof in the State or shall apply to a Scheduled Area or any part thereof
in the State subject to such exceptions and modifications as he may specify
in the notification and any direction given under this sub-paragraph may be
given so as to have retrospective effect.
(2) The Governor *** may make regulations for the peace and good government
of any area in a State which is for the time being a Scheduled Area.
In particular and without prejudice to the generality of the foregoing power,
such regulations may—
(a) prohibit or restrict the transfer of land by or among members of the
Scheduled Tribes in such area;
(b) regulate the allotment of land to members of the Scheduled Tribes in such
area;
(c) regulate the carrying on of business as money-lender by persons who lend
money to members of the Scheduled Tribes in such area.
(3) In making any such regulation as is referred to in sub-paragraph (2) of
this paragraph, the Governor *** 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 the area in question.
(4) All regulations made under this paragraph shall be submitted forthwith to
the President and, until assented to by him, shall
have no effect.
(5) No regulation shall be made under this paragraph unless the Government
*** making the regulation has, in the case where there is a Tribes Advisory
Council for the State, consulted such Council.
PART C
SCHEDULED AREAS
6. Scheduled Areas.
—(1) In this Constitution, the expression ‘Scheduled Areas’ means such areas
as the President may by order2 declare to be Scheduled Areas.
(2) The President may at any time by order2—
(a) direct that the whole or any specified part of a Scheduled Area shall
cease to be a Scheduled Area or a part of such an area;
(aa) increase the area of any Scheduled Area in a
State after consultation with the Governor of that State;
(b) alter, but only by way of rectification of boundaries, any Scheduled
Area;
(c) on any alteration of the boundaries of a State or on the admission into
the Union or the establishment of a new State, declare any territory not
previously included in any State to be, or to form part of, a Scheduled
Area;
(d) rescind, in relation to any State or States, any order or orders made
under this paragraph, and in consultation with the Governor of the State
concerned, make fresh orders redefining the areas which are as to be
Scheduled Areas,
and any such order may contain such incidental and consequential provisions
as appear to the President to be necessary and proper, but save as aforesaid,
the order made under sub-paragraph (1) of this paragraph shall not be varied
by any subsequent order.
PART D
AMENDMENT OF THE SCHEDULE
7. 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.
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