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States Tribal Areas

1. Assam 1. The North Cachar Hills District.

2. The Karbi Anglong District.

3. The Bodoland Territorial Areas District.

2. Meghalaya

1. Khasi Hills District.

2. Jaintia Hills District.

3. The Garo Hills District.

3. Tripura

Tripura Tribal Areas District.

4. Mizoram

1. The Chakma District.

2. The Mara District.

3. The Lai District.


Table 41.2 Articles Related to Scheduled and Tribal Areas at a Glance


Article No. Subject-matter

244. Administration of Scheduled Areas and Tribal Areas

244A. Formation of an autonomous state comprising certain tribal areas in Assam and creation of local legislature or Council of Ministers or both therefore

339. Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes


Table 41.3 Parliamentary Laws Related to the Fifth and Sixth Schedules of the Constitution


Sl. Acts No.

Provisions

1. Lushai Hills District (Change of Name) Act, 1954

Renamed the Lushai Hills District as the Mizo District. The Lushai Hills District was one of the six autonomous districts in the tribal areas of Assam specified in the Sixth Schedule of the Constitution.

2. Government of Union Territories

Amended the Sixth Schedule of the constitution to include certain provisions with respect to the

(Amendment) Act, 1971


3. Repealing and Amending Act, 1974


4. Fifth Schedule to the Constitution (Amendment) Act, 1976


5. Sixth Schedule to the Constitution (Amendment) Act, 1988


6. Sixth Schedule to the Constitution

autonomous districts and autonomous regions of the Union Territory of Mizoram.

Repealed certain enactments and amended certain other enactments. It also substituted the words "cattle pounds” for "cattle ponds” in the Sixth Schedule of the Constitution.

Empowered the President of India:

(i) to increase the area of any Scheduled Area in a State after consultation with the Governor of that state; and (ii) to rescind any order made for the designation of an area in any state to be a Scheduled Area, or in consultation with the Governor of the State concerned, make fresh order redefining the area which is to be a Scheduled Area.

Included certain modifications in the Sixth Schedule of the Constitution in its application to the States of Tripura and Mizoram. These (i) provided that the Governors shall act in their discretion in the discharge of some of their functions; (ii) made provisions relating to the application of Acts of Parliament and the State Legislatures to autonomous districts and autonomous regions; and (iii) provided for a time-limit in making over the share of royalties to the District Councils.

Included certain modifications in the Sixth Schedule of the Constitution

(Amendment) Act, 1995


7. Sixth Schedule to the Constitution (Amendment) Act, 2003

in its application to the State of Assam. These (i) provided that the District Council constituted for the North Cachar Hills District shall be called as the North Cachar Hills Autonomous Council and the District Council constituted for the Karbi-Anglong District shall be called as the Karbi-Anglong Autonomous Council; (ii) made provisions for the additional powers of the North Cachar Hills Autonomous Council and the Karbi- Anglong Autonomous Council to make laws; and (iii) made it mandatory for the Governor to consult the North Cachar Hills Autonomous Council or the Karbi- Anglong Autonomous Council, as the case may be, in the exercise of his discretionary powers.

Included certain modifications in the Sixth Schedule of the Constitution in its application to the State of Assam. This was done to meet the aspirations of the Bodos in Assam and in pursuance of the Memorandum of Settlement signed between the Central Government, the Government of Assam and Bodo Liberation Tigers (BLT) on

10-02-2003 for a durable solution to the Bodo issues. In this context, the Act made the following provisions : (i) specified the Bodoland Territorial Areas District in the list of the tribal areas of the State of Assam; (ii) created an

autonomous selfgoverning body known as the Bodoland Territorial Council (BTC) within the state of Assam; (iii) vested the council with legislative, administrative and financial powers in respect of specified subjects; and (iv) provided for adequate safeguards for the non-tribals in the BTC area.