9. Draft Constitution as published in the Gazette of India, dated 26th February 1948 with Dr. Ambedkar’s letter dated 21st February 1948 to Dr. Rajendra Prasad, President of the Constituent Assembly of India

FIRST SCHEDULE

[Articles 1 and 4]

THE STATES AND THE TERRITORIES OP INDIA

*Part I The territories known immediately before the commence- ment of this Constitution as the Governors’ Provinces of—

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1. Madras,

2. Bombay,

3. West Bengal,

4. The United Provinces,

5. Bihar, 10

6. East Punjab,

7. The Central Provinces and Berar,

8. Assam,

9. Orissa. 15 Part II The territories known immediately before the commence- ment of this Constitution as the Chief Commissioners’ Provinces of—

1. Delhi,

2. Ajmer-Merwara including Panth Piploda, 20

3. Coorg.

*The Committee has anxiously considered the question whether Andhra should be specifically mentioned as a separate State in this Sche- dule. There was recently a statement by the Government on this subject, in which it was said that Andhra could be included among the Provinces in the Constitution as was done in the case of Orissa and Sind under the Government of India Act, 1935. Accordingly the Committee was at one stage inclined to mention Andhra as a distinct State in the Schedule. On fuller consideration, however, the Committee feels that the bare mention of the State in the Schedule will not suffice to bring it into being from the commencement of the new Constitution. Preparatory steps will have to be taken immediately under the present Constitution in order that the new State, with all the machinery of government, may be in being from the commencement of the new Constitution. This was what was done in the case of Orissa and Sind under the Act of 1935: they were made into sepa- rate Provinces with effect from April 1, 1936, while the Act came into operation on April 1, 1937. The Committee therefore recommends that a Commission should be appointed to work out or inquire into all relevant matters not only as regards Andhra but also as regards other linguistic regions, with instructions to submit its report in time to enable any new States whose formation it may recommend to be created under section 290 of the Act of 1935 and to be mentioned in this Schedule before the Consti- tution is finally adopted.

THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 294 263THE DRAFT CONSTITUTION

Part III DIVISION A The following Indian States—

1. Mysore,

2. Kashmir, 5

3. Gwalior,

4. Baroda,

5. Travancore,

6. Cochin,

7. Udaipur, 10

8. Jaipur.

9. Jodhpur,

10. Bikaner,

11. Alwar, 15

12. Kotah,

13. Indore,

14. Bhopal,

15. Rewa,

16. Kolhapur, 20

17. Patiala,

18. Mayurbhanj,

19. United State of Kathiawar.

DIVISION B*

All other Indian States which were within the Dominion of India immediately before the commencement of this Constitution.

25 Part IV The Andaman and Nicobar Islands.

* It is not possible to enumerate each of the States because owing to mergers of various kinds many of the States may disappear in larger units. It will be necessary however to enumerate all the States by name before the Constitu- tion is finally adopted.

295 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 264 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

SECOND SCHEDULE

[Articles 48 (3), 62 (6), 79, 104, 124 (2), 135 (3), 145 (5), 163 and 197]

Part I PROVISIONS AS TO THE PRESIDENT AND THE GOVERNORS OF STATES FOR THE TIME BEING SPECIFIED IN PART I OF THE FIRST SCHEDULE 5

1. There shall be paid to the President and to the Governors of the States for the time being specified in Part I of the First Schedule the following emoluments per mensem, that is to say:—

10 The President ... 5,500 rupees.

The Governor of a State ... 4,500 rupees.

2. There shall be also paid to the President and to the Governors the following allowances per mensem during their respective terms of offices to enable them to discharge con- veniently and with dignity the duties of their respective offices, that is to say:— 15 The President ... ______rupees.

The Governor of a State ... ______rupees. 20

3. There shall be paid to the President and a Governor an allowance equal to the actual expenses respectively in- curred by them in travelling with their families, if any, and their and their families’ effects to take up the appointment of the President or Governor as the case may be.

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4. The President and each Governor throughout their respective terms of office shall be entitled without payment of rent or hire to the use of the official residences and of the railway saloons, river craft, air craft and motor cars pro- vided for their respective use and no charge shall fall on them personally in respect of the maintenance thereof.

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5. While the Vice-President or any other person is dis- charging the functions of the, or is acting as, President, or any person is discharging the functions of the Governor, he shall be entitled to the same emolument and allowance under paragraphs 1 and 2 of this Schedule as the President or the Governor whose functions he discharges or for whom he acts, as the case may be, and during the period he so dis- charges the functions or acts, the provisions of paragraph 4 of this Schedule shall apply to him, but the provisions of paragraph 3 thereof shall not apply to him.

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40 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 296 265THE DRAFT CONSTITUTION

Part II PROVISIONS AS TO THE MINISTERS FOR THE UNION AND FOR THE STATES IN PART I OF THE FIRST SCHEDULE

6. There shall be paid to the Prime Minister and to each of the other Ministers for the Union such salaries and allowances as were payable respectively to the Prime Minister and to each of the other Ministers for the Dominion immediately before the commencement of this Constitution. 5

7. There shall be paid to the Ministers for any State for the time being specified in Part I of the First Schedule such salaries and allowances as were payable to such Ministers for the corresponding Province immediately before the com- mencement of this Constitution.

10 Part III 15 PROVISIONS AS TO THE SPEAKER AND THE DEPUTY SPEAKER OF THE HOUSE OF THE PEOPLE, AND THE CHAIRMAN AND THE DEPUTY CHAIRMAN OF THE COUNCIL OF STATES AND THE SPEAKER AND THE DEPUTY SPEAKER OF THE LEGISLATIVE ASSEMBLIES OF STATES IN PART I OF THE FIRST SCHEDULE AND THE CHAIRMAN AND THE DEPUTY CHAIRMAN OF THE LEGISLA- TIVE COUNCILS OF SUCH STATES

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8. There shall be paid to the Speaker of the House of the People and the Chairman of the Council of States such salaries and allowances as were payable to the Speaker of the Constituent Assembly of the Dominion of India immediately before the commencement of this Constitution, and there shall be paid to the Deputy Speaker of the House of the People and to the Deputy Chairman of the Council of States such salaries and allowances as were payable respectively to the Deputy President of the Legislative Assembly and to the Deputy President of the Council of State immediately before the fifteenth day of August, 1947.

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35

9. There shall be paid to the Speaker and the Deputy Speaker of the Legislative Assembly of a State for the time being specified in Part I of the First Schedule and to 297 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 266 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

the Chairman and the Deputy Chairman of the Legislative Council of such State such salaries and allowances as were payable respectively to the Speaker and the Deputy Speaker of the Legislative Assembly and the President and the De- puty President of the Legislative Council of the correspond- ing Province immediately before the commencement of this Constitution and where the corresponding Province had no Legislative Council immediately before such commencement there shall be paid to the Chairman and the Deputy Chairman of the Legislative Council of the State such salaries and allowances as the Governor of the State may determine.

5

10 Part IV PROVISIONS AS TO THE JUDGES OF THE SUPREME COURT AND OF THE HIGH COURTS

10. There shall be paid to the judges of the Supreme Court and of each High Court within the territory of India except the States for the time being specified in Part III of the First Schedule in respect of time spent on actual service salary at the following rates per mensem, that is to say:— 15 Chief Justice of the Supreme Court . 5,000 rupees: 20 Any other judge of the Supreme Court . 4,500 rupees: Chiei Justice of a High Court . 4,000 rupees: Any other judge of a High Court . 3,500 rupees: Provided that if a judge of the Supreme Court at the time of his appointment is in receipt of a pension (other than a disability or wound pension) in respect of any previous service under the Government of India or any of its predeces- sor Governments or under the Government of a State for the time being specified in Part I of the First Schedule or any of its predecessor Governments, his salary in respect of service in the Supreme Court shall be reduced by the amount of that pension.

25

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11. The Chief Justice or any other judge of the Supreme Court or a Chief Justice or any other judge of a High Court within the territory of India except the States for the time being specified in Part III of the First Schedule shall receive such reasonable allowances to reimburse him for expenses Incurred in travelling on duty within the territory of India and shall be afforded such reasonable facilities in connection with travelling as the President in the case of the Chief

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40 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 298 267THE DRAFT CONSTITUTION

Justice or any other judge of the Supreme Court, or the Governor of the State in the case of the Chief Justice or any other judge of such High Court, may from time to time prescribe.

12. (1) The rights in respect of leave of absence or pension of the Chief Justice or any other judge of the Supreme Court shall be governed or shall continue to be governed, as the case may be, by the provisions which were applicable to any such judge of the Federal Court.

5 (2) The rights in respect of leave of absence or pension of the Chief Justice or any other judge of a High Court within the territory of India except the States for the time being specified in Part III of the First Schedule shall be governed or shall continue to be governed, as the case may be, by the same provisions which were applicable immediately before the commencement of this Constitution to any such judge of such High Court.

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15 (3) For the purposes of this paragraph, a person who was serving as an ad hoc judge, acting judge or additional judge at the commencement of this Constitution shall be deemed to have been serving as a judge at that date if, but only if, his service as such ad hoc judge, acting judge or additional judge continued without interruption until his subsequent permanent appointment as a judge.

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13. In this Part, unless the context otherwise requires,— 25 (a) the expression “Chief Justice” includes an acting Chief Justice, and a “judge” includes an ad hoc judge, an acting judge and an additional judge; (b) “actual service” includes— (i) time spent by a judge on duty as a judge or in the performance of such other functions as he may be directed by the President or the Governor, as the case may be, or by the Commission appointed under Article 289 of this Constitution to discharge;

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35 (ii) vacations, excluding any time during which the judge is absent on leave; and (iii) joining time on transfer from a High Court to the Supreme Court or from one High Court to another.

40 299 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 268 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

Part V PROVISIONS AS TO THE AUDITOR-GENERAL OF INDIA

14. There shall be paid to the Auditor-General of India a salary at the rate of four thousand rupees per mensem. 5

15. The rights in respect of leave of absence or pension of the Auditor-General of India shall be governed or shall continue to be governed, as the case may be, by the provisions which were applicable to the Auditor-General of India immediately before the commencement of this Constitution and all references in those provisions to the Governor-General shall be construed as references to the President.

10 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 300 269THE DRAFT CONSTITUTION

THIRD SCHEDULE

[Articles 62 (4), 81, 103 (6), 144 (2), 165 and 195] FORMS OF DECLARATIONS I Form of oath of office for a Minister for the Union:— 5 “I, A.B., do solemnly affirm (or swear) that I will bear true faith and allegiance to the Constitution of India as by law established, that I will faithfully and conscientiously dis- charge my duties as a Minister for the Union and that I will do right to all manner of people in accordance with the Constitution and the law, without fear or favour, affection or illwill.”

10 II Form of oath of secrecy for a Minister for the Union:— “I, A.B., do solemnly affirm (or swear) that I will not directly or indirectly communicate or reveal to any person or persons any matter which shall be brought under my consi- deration or shall become known to me as a Minister for the Union except as may be required for the due discharge of my duties as such Minister.”

15

20 III Form of declaration to be made by a member of Parliament:— “I, A.B., having been elected (or nominated) a member of the Council of States (or the House of the People) do solemnly and sincerely promise and declare that I will bear true faith and allegiance to the Constitution of India as by law established and that I will faithfully discharge the duty upon which I am about to enter.”

25 IV Form of declaration to be made by the judges of the Supreme Court:— 30 “I, A.B., having been appointed Chief Justice (or a judge) of the Supreme Court of India do solemnly and sincerely promise and declare that I will bear true faith and allegi- ance to the Constitution of India as by law established, that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or illwill and that I will uphold the Constitution and the laws.”

35 301 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 270 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

V Form of oath of office for a Minister for a State for the time being specified in Part I of the First Schedule:— “I, A.B., do solemnly affirm (or swear) that I will bear true faith and allegiance to the Constitution of India as by law established, that I will faithfully and conscientiously discharge my duties as a Minister for the State of and that I will do right to all manner of people in accord- ance with the Constitution and the law without fear or favour, affection or illwill.”

5 VI Form of oath of secrecy for a Minister for a State for the time being specified in Part I of the First Schedule:— 10 “I, A.B., do solemnly affirm (or swear) that I will not directly or indirectly communicate or reveal to any person or persons any matter which shall be brought under my consi- deration or shall become known to me as a Minister of except as may be required for the due dis- charge of my duties as such Minister or as may be specially permitted by the Governor in the case of any matter pertain- ing to the functions to be exercised by him in his discre- tion.”

15

20 VII Form of declaration to be made by a member of the Legisla- ture of a State for the time being specified in Part I of the First Schedule:—

25 “I, A.B., having been elected (or nominated) a member of the Legislative Assembly (or Legislative Council), do solemnly and sincerely promise and declare that I will bear true faith and allegiance to the Constitution of India as by law established and that I will faithfully discharge the duty upon which I am about to enter.”

30 VIII Form of declaration to be made by the judges of a High Court:—

35 “I, A. B., having been appointed Chief Justice (or a judge) of the High Court at (or of) ----- do solemnly and sincerely promise and declare that I will bear true faith and allegiance to the Constitution of India as by law established, that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or illwill and that I will uphold the Constitution and the laws.”

40 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 302 271THE DRAFT CONSTITUTION

FOURTH SCHEDULE

[Article 144 (4) ]

INSTRUCTIONS TO THE GOVERNORS OF STATES IN PART I OF THE FIRST SCHEDULE

1. In these instructions, unless the context otherwise requires, the term “Governor” shall include every person for the time being discharging the functions of the Governor according to the provisions of this Constitution. 5 2, In making appointments to his Council of ministers the Governor shall use his best endeavours to select his ministers in the following manner, that is to say, to appoint in consultation with the person who in his judgment is most likely to command a stable majority in the Legislature those persons (including so far as practicable members of impor- tant minority communities) who will best be in a position collectively to command the confidence of the Legislature. In so acting, he shall bear constantly in mind the need for fostering a sense of joint responsibility among the ministers.

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3. In all matters within the scope of the executive power of the State, save in relation to functions which he is required by or under this Constitution to exercise in his discretion, the Governor shall, in the exercise of the powers conferred upon him, be guided by the advice of his ministers.

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4. The Governor shall do all that in him lies to maintain standards of good administration, to promote all measures making for moral, social and economic welfare and tending to fit all classes of the population to take their due share in the public life and government of the State, and to secure amongst all classes and creeds co-operation, goodwill and mutual respect for religious beliefs and sentiments.

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FIFTH SCHEDULE

[Articles 189 (a) and 190 (1)]

PROVISIONS AS TO THE ADMINISTRATION AND CONTROL OF SCHEDULED AREAS AND SCHEDULED TRIBES

6 Part I GENERAL

1. Executive power of a State in scheduled areas.—Subject to the provisions of this Schedule the executive power of a State for the time being specified in Part I of the First Schedule extends to the scheduled areas therein.

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2. Report by the Governor to the Government of India regarding the administration of the scheduled areas.—The Governor of each State having scheduled areas therein shall annually, or whenever so required by the Government of India, make a report to that Government regarding the administra- tion 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.

15 Part II 20 PROVISIONS AS TO THE STATES OF MADRAS, BOMBAY. WEST BENGAL, BIHAR, THE CENTRAL PROVINCES AND BERAR, AND ORISSA

3. Application of Part II.—The provisions of this Part shall apply to the States of Madras, Bombay, West Bengal, Bihar, the Central Provinces and Berar, and Orissa. 25

4. Tribes Advisory Council.—(1) As soon as may be after the commencement of this Constitution, there shall be estab- lished in the States of Madras, Bombay, West Bengal, Bihar, the Central Provinces and Berar, and Orissa, a Tribes Advisory Council consisting of not less than ten and more than twenty-five members, of whom, as nearly as may be, three- fourths shall be elected representatives of the scheduled tribes in the. Legislative Assembly of the State.

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35 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 304 273THE DRAFT CONSTITUTION

(2) It shall be the duty of the Tribes Advisory Council generally to advise the Government of the State on all matters pertaining to the administration of the scheduled areas, if any, and the welfare of the scheduled tribes in the State. (3) The Governor may make rules prescribing or regulating as the case may be— 5 (a) the number of members of the Council, the mode of their appointment and of the appointment of its Chairman and of the officers and servants thereof; (b) the conduct of its meetings and its procedure in general;

10 (c) its relations with officials and local bodies in the State; and (d) all other incidental matters.

5. Law applicable to scheduled areas.—(1) The Governor may, if so advised by the Tribes Advisory Council for the State, 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 with the approval of the said Council specify in the notification: 15

20 Provided that where such Act relates to any of the follow- ing subjects, that is to say— (a) marriage; 25 (b) inheritance of property;

(c) social customs of the tribes;

(d) land, other than lands which are reserved forest under the Indian Forest Act, 1927 or under any other law for the time being in force in the area in question, including rights of tenants, allotment of land and reservation of land for any purpose;

30 (e) any matter relating to village administration includ- ing the establishment of village panchayats, the Governor shall issue such direction when so advised by the Tribes Advisory Council, 35 (2) The Governor may, after consultation with the Tribes Advisory Council for the State, make Regulations for any scheduled area in the State with respect to any matter not provided for by any law for the time being in force in such area.

40 (3) The Governor may also make regulations for any scheduled area in the State with respect to the trial of cases relating to offences other than those which are punishable with 305 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 274 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

death, transportation for life or imprisonment for five years or upwards or relating to disputes other than those arising out of any such laws as may be defined in such regulations, and may by such regulations empower the headmen or panchayats in any such area to try such cases.

5 (4) Any regulations made under this paragraph when pro- mulgated by the Governor shall have the same force and effect as any Act of the appropriate Legislature which applies to such area and has been enacted by virtue of the powers con- ferred on that Legislature by this Constitution.

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6. Alienation and allotment of lands to non-tribals in scheduled areas.—(1) It shall not be lawful for a member of the scheduled tribes to transfer any land in a scheduled area to any person who is not a member of the scheduled tribes;

15 (2) No land in a scheduled area vested in the State within which such area is situate shall be allotted to, or settled with, any person who is not a member of the scheduled tribes ex- cept in accordance with rules made in that behalf by the Go- vernor in consultation with the Tribes Advisory Council for the State.

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7. Regulation of money-lending in scheduled areas.—The Governor may, and if so advised by the Tribes Advisory Coun- cil for the State shall, by public notification direct that no person shall carry on business as a money-lender in a sche- duled area in the State except under or in accordance with the conditions of a licence issued by an officer authorised in this behalf by the Government of the State and every such direction shall provide that a breach of it shall be an offence, and shall specify the penalty with which it shall be punish- able.

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8. Estimated receipts and expenditure pertaining to sche- duled areas to be shown separately in the annual financial statement.—The estimated receipts and expenditure pertain- ing to a scheduled area in a State which are to be credited to, or is to be met from, the revenues of the State shall be shown separately in the annual financial statement of the State to be laid before the Legislature of the State under article 177 of this Constitution.

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9. Application of Part II to areas other than Scheduled areas.—(1) The Governor may, at any time by public notifi- cation, direct that all or any of the provisions of this Part 40 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 306 275THE DRAFT CONSTITUTION

shall on and from such date as may be specified in the noti- fication apply in relation to any area in the State inhabited by members of any scheduled tribe other than a scheduled area as they apply in relation to a scheduled area in the State, and the publication of such notification shall be con- clusive evidence that such provisions have been duly applied in relation to such other area.

5 (2) The Governor may by a like notification direct that all or any of the provisions of this Part shall on and from such date as may be specified in the notification cease to apply in relation to any area in the State in respect of which a noti- fication may have been issued under sub-paragraph (1) of this paragraph.

10 Part III PROVISIONS AS TO THE STATE OF THE UNITED PROVINCES 15

10. Application of Part III.—The provisions of this Part shall apply only to the State of the United Provinces.

11. Scheduled Areas Advisory Committee.—(1) As soon as may be after the commencement of this Constitution the Governor shall by order appoint for the State a Scheduled Areas Advisory Committee, two-thirds of the members of which shall be the members of the Scheduled tribes. Such order may define the composition, powers and procedure of the Committee and may contain such incidental or ancillary provisions as the Governor may consider necessary or desir- able.

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25 (2) It shall be the duty of the Scheduled Areas Advisory Committee generally to advise the Government of the State on all matters pertaining to the development of scheduled areas in the State.

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12. Power of Governor to make regulations in certain cases.—(1) The Governor may make regulations for any sche- duled area in the State with respect to the trial of cases relat- ing to offences other than those which are punishable with death, transportation for life or imprisonment for five years or upwards or for the trial of such classes of suits or cases of small pecuniary value as may be specified in such regulations, and may also by such regulations empower the headmen or panchayats in any such area to try such cases or suits.

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40 307 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 276 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

(2) The Governor may also make regulations so as to pro- hibit the transfer of any land in a scheduled area in the State by a member of the scheduled tribes to any person who is not a member of the scheduled tribes.

(3) Any regulations made under this paragraph when pro- mulgated by the Governor shall have the same force and effect as any Act of the appropriate Legislature which applies to such area and has been enacted by virtue of the powers con- ferred on that Legislature by this Constitution. 5

13. Estimated receipts and expenditure pertaining to scheduled areas to be shown separately in the Annual Finan- cial Statement.—The estimated receipts and expenditure per- taining to the scheduled areas in the State which are to be credited to, or is to be met from, the revenues of the State shall be shown separately in the Annual Financial Statement of the State to be laid before the Legislature of the State under Article 177 of this Constitution.

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15 Part IV PROVISIONS AS TO THE STATE OF EAST PUNJAB

14. Application of Part IV.—The provisions of this Part shall apply only to the State of East Punjab. 20

15. Appointment of Scheduled Areas Advisory Committee.— (1) As soon as may be after the commencement of this Cons- titution the Governor shall by order appoint for the State a Scheduled Areas Advisory Committee, two-thirds of the members of which shall be the residents of the scheduled areas in the State. Such order may define the composition, powers and procedure of the Committee and may contain such inci- dental or ancillary provisions as the Governor may consider necessary or desirable.

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30 (2) It shall be the duty of the Scheduled Areas Advisory Committee generally to advise the Government of the State on all matters pertaining to the administration of the scheduled areas in the State.

16. Application of Acts of Parliament or of the Legislature of the Slate to scheduled areas.—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 notifica- tion.

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17. Power of Governor to make regulations.—(1) The Governor may make regulations for any scheduled area in the State with respect to the trial of cases relating to offences other than those which are punishable with death, transporta- tion for life or imprisonment for five years or upwards, or for the trial of such classes of suits or cases of small pecuniary value as may be specified in such regulations, and may also by such regulations empower the headmen or panchayats in any such area to try such cases or suits.

5 (2) The Governor may also make regulations so as to pro- hibit the transfer of any land in a scheduled area in the State by a member of the scheduled tribes to any person who is not a member of the scheduled tribes.

10 (3) Any regulations made under this paragraph when pro- mulgated by the Governor shall have the same force and effect as any Act of the appropriate Legislature which applies to such area and has been enacted by virtue of the powers conferred on that Legislature by this Constitution.

15 Part V SCHEDULED AREAS 20

*18. Scheduled areas.—(1) The areas specified in Parts I to VII of the Table below shall be the scheduled areas within the meaning of this Constitution, and any reference in the said Table to any division, district, administrative area, tahsil or estate shall be construed as a reference to that divi- sion, district, area, tahsil or estate as existing on the date of commencement of this Constitution.

25 (2) The President may at any time by Order— (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;

30 (b) alter, but only by way of rectification of boundaries, any scheduled area;

*The Committee is of opinion that a provision on the lines of section 91(2) of the Government of India Act, 1935, as originally enacted, should be included in this paragraph to enable any area to be excluded from or included in the scheduled areas and the Committee has accordingly added sub-paragraph (2) to this paragraph.

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(c) on any alteration of the boundaries of a State for the time being specified in Part I of the First Schedule or on the inclusion in Part I of that Schedule of a new State admitted into the Union or establish- ed by Parliament by law, declare any territory not previously included in any State so specified to be, or to form part of, a scheduled area,

5 and any such Order may contain such incidental and conse- quential provisions as appear to the President to be necessary and proper.

10 TABLE I—MADRAS The Laccadive Islands (including Minicoy) and the Amin- divi Islands.

The East Godavari Agency and so much of the Vizaga- patam Agency as is not transferred to Orissa under the pro- visions of the Government of India (Constitution of Orissa) Order, 1936.

15 II—BOMBAY In the West Khandesh District:—The Navapur Petha, the Akrani Mahal and the villages belonging to the following Mehwassi Chiefs: (1) the Parvi of Kathi, (2) the Parvi of Nal, (3) the Parvi of Singpur, (4) the Walwi of Gaohali, (5) the Wassawa of Chikhli, and (6) the Parvi of Navalpur, 20 In the East Khandesh District:—The Satpura Hills reserved forest areas.

25 In the Nasik District:—The Kalvan Taluk and Peint Petha.

In the Thana District:—The Dahanu and Shahapur Talukas and Mokhada and Umbergaon Pethas.

30 III.—THE UNITED PROVINCES The Jaunsar-Bawar Pargana of the Dehra Dun District. The portion of the Mirzapur District south of the Kaimur range.

IV.—EAST PUNJAB 35

Spiti and Lahaul in the Kangra District.

V.—BIHAR

The Ranchi and Singhbhum Districts, and the Latehar sub-division of the Palamau District of the Chota Nagpur Division.

40 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 310 279THE DRAFT CONSTITUTION

The Santal Parganas District excluding the Godda and Deogarh Sub-divisions.

VI.—THE CENTRAL PROVINCES AND BERAR

In the Chanda district, the Ahiri Zamindari in the Sironcha Tahsil and the Dhanora, Dudmala, Gewardha, Jharapapra Khutgaon, Kotgal, Muramgaon, Palasgarh, Rangi, Sirsundi Sonsari, Chandala, Gilgaon, Pai-Muranda and Potegaon Zamindaris in the Garchiroli Tahsil.

5 The Harrai, Gorakghat, Gorpani, Batkagarh, Bardagarh Partabgarh (Pagara), Almod and Sonpur Jagirs of the Chhindwara District, and the portion of the Pachmarhi jagir in the Chhindwara District.

10 The Mandla District.

The Pendra, Kenda, Matin, Lapha, Uprora, Chhuri and Korba Zamindaris of the Bilaspur District.

15 The Aundhi, Koracha, Panabaras and Ambagarh Ghauki Zamindaris of the Drug District.

The Baihar Tahsil of the Balaghat District. The Melghat Taluk of the Amraoti District. The Bhainsdehi Tahsil of the Betul District, 20 VII—ORISSA The Ganjam Agency Tracts including Khondmals. The Koraput District.

311 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 280 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

SIXTH SCHEDULE

[Articles 189 (b) and 190 (2)]

PROVISIONS AS TO THE ADMINISTRATION OF THE TRIBAL AREAS IN ASSAM

1. Autonomous districts and autonomous regions.—(1) The tribal areas in each item of Part I of the Table appended to paragraph 19 of this Schedule for the time being included in that Part shall be an autonomous district. 5 (2) If there are different scheduled tribes in an autono- mous district, the Governor may, by public notification, divide the area or areas inhabited by them into autonomous regions.

10 (3) The Governor may, by public notification— (a) include any area in Part I of the said Table, (b) create a new autonomous district, (c) increase the area of any autonomous district, 15 (d) exclude any area from Part I of the said Table, (e) diminish the area of any autonomous district: Provided that no order shall be made by the Governor under clause (b) or clause (c) of this sub-paragraph except after consideration of the report of a Commission appointed under sub-paragraph (1) of paragraph 14 of this Schedule:

20 Provided further that no order shall be made by the Governor under clause (d) or clause (e) of this sub-paragraph unless a resolution to that effect is passed by the District Council of the autonomous district concerned.

25 2, Constitution of District Councils and Regional Coun- cils.—(1) There shall be a District Council for each auto- nomous district consisting of not less than twenty and not more than forty members of whom not less than three-fourths shall be elected on the basis of adult suffrage.

30 (2) The territorial constituencies for elections to each District Council shall be so delimited that as far as possible the areas inhabited by the different scheduled tribes of the district and the areas, if any, inhabited by other persons shall form separate constituencies:

35 Provided that no constituency shall be formed which has a total population of less than five hundred. (3) There shall be a separate regional Council for each area constituted an autonomous region under sub-paragraph (2) of paragraph 1 of this Schedule.

40 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 312 281THE DRAFT CONSTITUTION

(4) Each District Council and each Regional Council shall be a body corporate by the name respectively of “the Dis- trict Council of (name of District)” and “the Regional Coun- cil of (name of Region)”, shall have perpetual succession and a common seal and shall by the said name sue and be sued.

5 (5) Subject to the provisions of this Schedule the ad- ministration 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 Re- gion shall be vested in the Regional Council for such region.

10 (6) In an autonomous district with Regional Councils, the District Council shall have only such powers with res- pect 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.

15 (7) The Governor shall make rules for the first constitu- tion of District Councils and Regional Councils in consulta- tion with the existing tribal Councils or other representa- tive tribal organisations within the autonomous districts or regions concerned and such rules shall provide for—

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

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

(c) the qualifications for voting at such elections and the preparation of electoral rolls;

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

30 (e) any other matter relating to or connected with elec- tions or nominations to such Councils;

(i) the procedure and the conduct of business in the District and Regional Councils;

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

(8) The District or the Regional Council may after its first constitution make rules with regard to the matters specified in sub-paragraph (7) of this paragraph and may also make rules regulating—

40 (a) the formation of subordinate local Councils or Boards and their procedure and the conduct of their busi- ness; and 313 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 282 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

(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 (7) 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:

5 Provided further that the Deputy Commissioner or the Sub- Divisional Officer, as the case may be, of the Mikir and North Cachar Hills shall be the Chairman ex-officio of the District Council in respect of the territories included in items 5 and 6 respectively of Part I of the Table appended to paragraph 19 of this Schedule and shall have power for a period of six years after the first constitution of the District Council, subject to the control of the Governor, to annul or modify any resolu- tion or decision of the District Council or to issue such instruc- tions to the District Council, as he may consider appropriate, and the District Council shall comply with every such instruc- tion issued.

10

15

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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 Dis- trict 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—

25 (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 in- terests of the inhabitants of any village or town:

30 Provided that nothing in such laws shall pre- vent the compulsory acquisition of any land whether occupied or unoccupied for public pur- poses by the State of Assam in accordance with the law for the time being in force authorising such acquisition;

35

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

(c) the use of any canal or water-course for the purpose of agriculture;

THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 314 283THE DRAFT CONSTITUTION

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

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

(f) any other matter relating to village or town adminis- tration including village or town police and public health and sanitation;

5 (g) the appointment or succession of Chiefs or Headmen; (h) the inheritance of property;

(i) marriage; 10 (j) social customs.

(2) In this paragraph, a “reserved forest” means any area which is a reserved forest under the Assam Forest Regulation, 1899, or under any other law for the time being in force in the area in question.

15

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 dis- trict other than those which are under the authority of the Regional Councils, if any, within the district may constitute village Councils or courts for the trial of suits and cases other than those to which the provisions of sub-paragraph (1) of paragraph 5 of this Schedule apply or those arising out of any law made under paragraph 3 of this Schedule, 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 para- graph 3 of this Schedule.

20

25

30 (2) Notwithstanding anything in this Constitution the Regional Council for an autonomous region or any court constituted in this 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 this behalf by the District Council, shall exercise the powers of a Court of Appeal in respect of ail suits and cases between the parties all of whom belong to scheduled tribes 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

35

40 315 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 284 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

in the State shall have appellate jurisdiction over such suits or cases and the decision of such Regional or District Council or Court shall be final.

5. Conferment of powers under the Code of Civil Proce- dure, 1908 and the Code of Criminal Procedure, 1898 on the Regional and District Councils and on certain courts and officers for the trial of certain suits 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 this behalf by the Governor, or for the trial of offences punishable with death, transportation for life, or im- prisonment 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 region or district, 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 this 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, 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.

5

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20 (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.

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

6. Powers of the District Council to establish primary schools, etc.—The District Council for an autonomous district may establish, construct, or manage primary schools, dispen- saries, markets, cattle pounds, ferries, fisheries, roads and waterways in the district and in particular may prescribe the language and the manner in which primary education shall be imparted in the primary schools in the district. 30

35

7. District and Regional Funds.—(1) There shall be con- stitued 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 pro- visions of this Constitution.

40 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 316 285THE DRAFT CONSTITUTION

(2) Subject to the approval of the Governor rules may be made by the District Council and by the Regional Council for the management of the District Fund or, as the case may be, the Regional Fund; and the rules so made may pre- scribe the procedure to be followed in respect of payment of money into the said Fund, the withdrawal of moneys there- from, the custody of moneys therein and any other matter connected with or ancillary to the matters aforesaid.

5

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 by the Government of Assam in assessing lands for the purpose of land revenue in the State of Assam generally,

10

15 (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 land and buildings, and tolls on persons resident within such areas.

20

25 (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) tax on professions, trades, callings and employments: 30 (b) a tax on animals, vehicles and boats;

(c) taxes on the entry of goods into a market for sale there- in, and tolls on passengers and goods carried in ferries; and (d) taxes for the maintenance of schools, dispensaries or roads.

35 (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.

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9. Licences or leases for the purpose of prospecting for, or extraction of, minerals.—(1) No licence or lease shall be grant- ed by the Government of Assam for the purpose of prospecting 317 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 286 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES