9. भारताच्या राजपत्रात 26 फेब्रुवारी 1948 रोजी प्रसिद्ध झालेला संविधानाचा मसुदा, तसेच डॉ. आंबेडकरांनी भारताच्या संविधान सभेचे अध्यक्ष डॉ. राजेंद्र प्रसाद यांना 21 फेब्रुवारी 1948 रोजी लिहिलेले पत्र

for, or the extraction of, minerals in any area comprised with in an autonomous district, save in consultation with the District Council for that district.

(2) 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 the Government of Assam in respect of any area within an autonomous district as may be agreed upon between the Government of Assam and the District Council of such district shall be made over to that District Council.

5

10 (3) 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 (2) of this paragraph to the District Council and the decision of the Governor shall be final.

15

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 regula- tions for the regulation and control of money-lending or trading within the district by persons other than scheduled tribes resident in the district.

20 (2) 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;

25 (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 this behalf by the District Council;

30 (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:

35 Provided that no such 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:

40 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 318 287THE DRAFT CONSTITUTION

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 regula- tions,

5

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.

10

12. Application of Acts of Parliament and of the Legis- lature of the State to autonomous districts and autonomous regions—Notwithstanding anything contained in this Consti- tution— (a) no Act of the Legislature of the State in respect of any of the matters specified in paragraph 3 of this Schedule as matters with respect to which a Dis- trict Council or a Regional Council may make laws, and no Act of the Legislature of the State prohibiting or restricting the consumption of any non-distilled alcoholic liquor shall apply to any autonomous district or autonomous region 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;

15

20

25

30 (b) the Governor may, by public notification, direct that any Act of Parliament or of the Legislature of the State to which the provisions of clause (a) of this paragraph do not apply shall not apply to an autonomous district or an autonomous region, or shall apply to such district or region or any part thereof subject to such exceptions or modifications as he may with the approval of the District Council for such district or the Regional Council for such region specify in the notification, if a resolution recommending the issue of such direction is passed by such District Council or such Regional Council, as the case may be.

35

40 319 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 288 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

13. Estimated receipts and expenditure pertaining to au- tonomous 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 revenues of the State of Assam 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.

5

14. Appointment of Commission to inquire into and report on the administration of autonomous districts.—(1) The Gov- ernor of Assam 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 in the State, or may appoint a Commission to inquire into and report from time to time on the administration of autonomous districts in the State generally and in particular on—

10

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

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

20 (c) the administration of the laws, regulations and rules made by the District and Regional Councils;

and define the procedure to be followed by such Commission. (2) The report of every such Commission with the recom- mendations 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 the Government of Assam.

25 (3) In allocating the business of the Government of the State among his ministers the Governor of Assam may place one of his ministers specially in charge of the welfare of the autonomous districts in the State.

30

15. Annulment or suspension of acts and resolutions of the District or Regional Councils.—(1) If at any time the Governor is satisfied that an act or resolution of a Regional Council or a District Council is likely to endanger the safety of India, 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.

35

40 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 320 289THE DRAFT CONSTITUTION

(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 twelve months from the date on which it was so made:

5 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.

10 (3) The functions of the Governor under this paragraph shall be exercised by him in his discretion.

16. Dissolution of a District or Regional Council.—The Governor may on the recommendation of a Commission appointed under paragraph 14 of this Schedule by public notification order the dissolution of a Regional or a District Council and— 15 (a) direct that a fresh general election shall be held imme- diately for the reconstitution of the Council, or 20 (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:

25 Provided that when an order under clause (a) of this para- graph has been made the Governor may take the action re- ferred to in clause (b) of this paragraph with regard to the administration of the area in question pending the re-constitu- tion of the Council on fresh general election:

30 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 being heard by the Legislature of the State.

35

17. Application of the provisions of this Schedule to areas specified in Part II of the table appended to paragraph 19.— (1) The Governor of Assam may—

40 (a) subject to the previous approval of the President, by public notification, apply all or any of the foregoing provisions of this Schedule to any tribal area speci- fied in Part II of the table appended to paragraph 321 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 290 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

19 of this Schedule or any portion of such area and thereupon such area or portion shall be administer- ed in accordance with such provisions, and (b) may also with like approval exclude any tribal area specified in Part II of the said table or any portion thereof from the said table.

5 (2) Until a notification is issued under sub-paragraph (1) of this paragraph in respect of any tribal area specified in Part II of the said table or any portion of such area, the ad- ministration of such area or portion thereof, as the case may be, shall be carried on by the President through the Governor of Assam as his agent and the provisions of Part VIII of this Constitution shall apply thereto as if such area or portion thereof were a territory specified in Part IV of the First Schedule.

10

15

18. Transitional provisions.—As soon as possible after the commencement of this Constitution the Governor of Assam 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 in his discretion and the following provisions shall apply to the administration of the areas within such dis- trict instead of the provisions contained in this Schedule, namely:—

20

25 (a) no Act of Parliament or of the Legislature of the State shall apply to 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;

30 (b) the Governor may make regulations for the peace and good government of 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 appli- cable to such area. Regulations made under this clause shall be submitted forthwith to the President and until assented to by him shall have no effect;

35

40 (c) the Governor shall exercise his functions under clauses (a) and (b) of this paragraph in his discretion. THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 322 291THE DRAFT CONSTITUTION

19. Tribal areas.—The areas specified in Parts I and II of the table below shall be the tribal areas within the State of Assam, and any reference in the said table to any district or administrative area shall be construed as a reference to that district or area as existing on the date of commencement of this Constitution:

5 TABLE Part I

1. The Khasi and Jaintia Hills District excluding the town of Shillong.

10

2. The Garo Hills District.

3. The Lushai Hills District.

4. The Naga Hills District.

5. The North Cachar Sub division of Cachar District.

6. The Mikir Hills portion of Nowgong and Sibsagar Districts excepting the mouzas of Barpathar and Sarupathar.

15 Part II

1. The Sadiya and Balipara Frontier Tracts.

2. The Tirap Frontier Tract (excluding the Lakhimpur Frontier Tract)

20

3. The Naga Tribal Area.

323 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 292 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

SEVENTH SCHEDULE.

[Article 217.]

LIST I—Union List

*1. The defence of the territory of India and of every part thereof and generally all preparation for defence as well as all such acts as may be conducive in times of war to its successful prosecution and after its termination to effective demobilisation.

5

2. Central Intelligence Bureau.

3. Preventive detention in the territory of India **for reasons connected with defence, external affairs or the secu- rity of India.

10

***4. The raising, training, maintenance and control of the Naval, Military and Air Forces of the Union and their employment; the strength, organisation and control of the armed forces raised and employed in States for the time being specified in Part III of the First Schedule.

15

5. Industries declared by Parliament by law to be neces sary for the purpose of defence or for the prosecution of war.

6. Naval, Military and Air Force works. 20

7. Local self-government in cantonment areas, the consti- tution and powers within such areas of cantonment authori- ties, the regulation of house accommodation in such areas and the delimitation of such areas.

8. Arms, firearms, ammunition and explosives. 25

9. Atomic energy and mineral resources essential to its production.

* The Committee has omitted the entry ‘Requisitioning of lands for defence purposes including training and manoeuvres’ as the matter will be covered by entry 43.

** The words ‘reasons connected with defence, external affairs or the secu- rity of India have been substituted for the words ‘reasons of State’ in this entry to avoid conflict with entry 1 of the State List relating to preventive detention for reasons connected with the maintenance of public order.

*** This follows the entry as adopted by the Constituent Assembly, but the Chairman of the Drafting Committee strongly feels that the second part of the entry relating to armed forces in States in Part III of the first Schedule should be deleted in order to preclude such States from maintaining any armed forces of their own.

THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 324 293THE DRAFT CONSTITUTION

10. Foreign Affairs; all matters which bring the Union into relation with any foreign country.

11. Diplomatic, consular and trade representation.

12. United Nations Organisation.

13. Participation in international conferences, associa- tions and other bodies and implementing of decisions made thereat.

5

14. War and Peace.

15. The entering into and implementing of treaties and agreements with foreign countries.

10

16. Foreign jurisdiction.

17. Trade and Commerce with foreign countries.

18. Foreign loans.

19. Citizenship, naturalisation and aliens.

20. Extradition. 15

21. Passports and visas.

22. Piracies, felonies and offences against the law of na- tions committed on the high seas and in the air.

23. Admission into, and emigration and expulsion from the territory of India,

20

24. Pilgrimages to places beyond India.

25. Port quarantine; seamen’s and marine hospitals, and hospitals connected with port quarantine.

26. Import and export across customs frontiers as defined by the Government of India.

25

27. *Posts and telegraphs.

28. **Telephones, wireless, broadcasting and other like forms of communication.

29. Post Office Savings Bank.

30. Airways; aircraft and air navigation; provision of aerodromes; regulation and organisation of air traffic and of aerodromes; provision for aeronautical education and train- ing and regulation of such education and training provided by States and other agencies.

30

* For restrictions on the power of Parliament to make laws with respect to ‘Posts and telegraphs’ in relation to States for the time being specified in Part III of the First Schedule, see article 224 (a).

**For restrictions on the power of Parliament to make laws with res- pect to ‘Telephones, wireless, broadcasting and other like forms of comma- nication’ in relation to States for the time being specified in Part III of the First Schedule see article 224 (b).

325 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 294 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

31. National highways declared to be such by Parliament by law.

32. Shipping and navigation on inland waterways, declared by Parliament by law to be national waterways, as regards mechanically propelled vessels, and the rule of the road on such waterways; carriage of passengers and goods cm such waterways.

5

33. Maritime shipping and navigation, including ship- ping and navigation on tidal waters; provision of education and training for the mercantile marine and regulation of such education and training provided by States and other agencies.

10

34. Admiralty jurisdiction.

35. Ports declared to be major ports by or under law made by Parliament or existing law including their delimitation and the constitution and powers of port authorities therein.

15

36. Lighthouses, including lightships, beacons and other provision for the safety of shipping and aircraft.

37. Carriage of passengers and goods by air or by sea.

38. Union railways; the regulation of all railways other than minor railways in respect of the safety, maximum and minimum rates and fares, station and service terminal charges, interchange of traffic and the responsibility of railway administrations as carriers of goods and passengers; the regu- lation of minor railways in respect of safety and the respon- sibility of the administrations of such railways as carriers of goods and passengers.

20

25

39. The institutions known on the 15th day of August, 1947, as the Imperial Library, the Indian Museum, the Imperial War Museum, the Victoria Memorial and any other institution financed by the Government of India wholly or in part and declared by Parliament by law to be an institution of national importance.

30

40. The institutions known on the 15th day of August, 1947, as the Benares Hindu University and the Aligarh Mus- lim University.

35

41. The Survey of India, the Geological, Botanical and Zoological Surveys of India; Union Meteorological organi- sations.

42. Property of the Union and the revenue therefrom, but as regards property situated in a State subject always to legis- lation by the State, save in so far as Parliament by law other- wise provides.

40 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 326 295THE DRAFT CONSTITUTION

*43. Acquisition or requisitioning of property for the pur- poses of the Union subject to the provisions of List III with respect to regulation of the principles on which compensation is to be determined for property acquired or requisitioned for the purposes of the Union.

5

44. Reserve Bank of India.

45. Public debt of the Union.

46. Currency, foreign exchange, coinage and legal tender.

47. Banking.

48. Cheques, bills of exchange, promissory notes and other like instruments.

10

49. Insurance.

**50. Corporations, that is to say, the incorporation, regulation and winding up of trading corporations, includ- ing banking, insurance and financial corporations but not including co-operative societies, and of corporations, whether trading or not, with objects not confined to one State, but not including universities.

15

51. Patents, copyright, inventions, designs, trademarks and merchandise marks.

20

***52. Constitution, organisation, jurisdiction and powers of the Supreme Court and fees taken.

53. Extension of the jurisdiction of a High Court having its principal seat in any State within the territory of India except the States for the time being specified in Part III of the First Schedule to, and exclusion of the jurisdiction of any such High Court from, any area outside that State.

25

54. Jurisdiction and powers of all courts, other than the Supreme Court, with respect to any of the matters in this List.

*The Committee is of opinion that the principle on which compensation is to be paid for the acquisition or the requisitioning of property should be the subject-matter of the Concurrent List and this entry has been revised accordingly and a new entry 35 has been inserted for the purpose in the Concurrent List.

** For restrictions on the power of Parliament to make laws with respect to ‘Corporations’ in relation to States for the time being specified in Tart III of the First Schedule, see article 224 (c).

*** The Committee is of opinion that the reference to ‘Federal Judiciary’ should be omitted from this entry as there should not be parallel Judiciaries in the Union. The Committee has, however, inserted a new article 219 providing power to Parliament to establish additional courts for the better administration of the laws made by Parliament and existing laws with res- pect to matters in the Union List on the lines of Section 101 of the British North America Act, 1867.

327 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 296 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

55. Census.

56. Inquiries, surveys, and statistics for the purposes of the Union.

57. Union agencies and institutes for the following pur- poses, that is to say, for research, for professional or techni- cal training, or for the promotion of special studies.

5

58. Union Public Services and Union Public Service Com- mission.

59. Industrial disputes concerning Union employees.

*60. Ancient and Historical Monuments declared by Par- liament, by law to be of national importance; archaeological sites and remains.

10

61. Establishment of standards of weight and measure.

62. Opium, so far as regards cultivation and manufac- ture, or sale for export.

63. Petroleum and other liquids and substances declared by Parliament by law to be dangerously inflammable, so far as regards possession, storage and transport. 15

64. Development of industries where development under the control of the Union is declared by Parliament by law to be expedient in the public interest.

20

65. Regulation of labour and safety in mines and oilfields.

66. Regulation of mines and oilfields and mineral deve- lopment to the extent to which such regulation and develop- ment under the control of the Union is declared by Parlia- ment by law to be expedient in the public interest.

25

67. Extension of the powers and jurisdiction of members of a police force belonging to any part of a State for the time being specified in Part I or Part II of the First Schedule to any area in any other State so specified, but not so as to enable the police of one part to exercise powers and jurisdiction else- where without the consent of the government of the State; extension of the powers and jurisdiction of members of a force belonging to any State to railway areas outside that State.

30

68. Elections to Parliament and of the President and De- puty President; and Election Commission to superintend, direct and control such elections.

35

*The Committee is of opinion that Ancient and Historical Monuments declared by Parliament by law to be of national importance should be men- tioned in this entry and not any and every Ancient and Historical Monu- ment.

THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 328 297THE DRAFT CONSTITUTION

69. The emoluments and allowances and rights in respect of leave of absence of the President, the salaries and allowan- ces of the Ministers for the Union and of the Chairman and Deputy Chairman of the Council of States and of the Speaker and Deputy Speaker of the House of the People; the salaries, allowances and privileges of the members of Parliament; the salary, allowances and the conditions of service of the Auditor-General of India.

5

70. The enforcement of attendance of persons for giving evidence or producing documents before committees of Par- liament.

10

71. Migration from one State to another.

72. Inter-State quarantine.

73. Inter-State trade and commerce subject to the provi- sion of entry 33 of List II.

15

74. The devlopment of inter-State waterways for pur- poses of flood control, irrigation, navigation and hydro-elec- tric power.

75. Fishing and fisheries beyond territorial waters.

76. Manufacture and distribution of salt by Union agen- cies; regulation and control of manufacture and distribution of salt by other agencies.

20

77. Provision for dealing with grave emergencies in any part of the territory of India affecting the Union.

78. Lotteries organised by the Government of India or the Government of any State.

25

*79. Stock Exchanges and futures market and taxes other than stamp duties on transactions therein.

80. The rates of stamp duty in respect of bills of exchange, cheques, promissory notes, bills of lading, letters of credit, policies of insurance, transfer of shares, debentures, proxies and receipts.

30

81. Duties in respect of succession to property other than agricultural land.

82. Estate duty in respect of property other than agri- cultural land.

35

83. Terminal taxes on goods or passengers, carried by railway or air; taxes on railway fares and freights.

84. Taxes on income other than agricultural income.

85. Duties of customs including export duties. 40

*This entry has been inserted to follow the recommendation of the Expert Committee on the Financial Provisions of the Constitution. 329 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 298 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

*86. Duties of excise on tobacco and other goods manufac- tured or produced in India except— (a) alcoholic liquors for human consumption;

(b) opium, Indian hemp and other narcotic drugs and narcotics; non-narcotic drugs;

5 but including medicinal and toilet preparations containing alcohol, or any substance included in sub-paragraph (b) of this entry.

87. Corporation tax.

88. Taxes on the capital value of the assets, exclusive of agricultural land, of individuals and companies; taxes on the capital of companies.

10

89. Offences against laws with respect to any of the mat- ters in this List.

90. Fees in respect of any of the matters in this List, but not including fees taken in any court.

15

91. Any other matter not enumerated in List II or List III including any tax not mentioned in either of those Lists. List II—State List

1. Public order (but not including the use of naval, military or air forces in aid of the civil power); preventive detention for reasons connected with the maintenance of public order; persons subjected to such detention.

20

2. The administration of justice; constitution and organi- sation of all courts, except the Supreme Court, and fees taken therein.

25

3. Jurisdiction and powers of all courts except the Supreme Court, with respect to any of the matters in this List; procedure in Rent and Revenue Courts.

4. Police, including railway and village police. 30

*The Committee is of opinion that duties of excise on medicinal and toilet preparations containing alcohol or any substance included in sub-paragraph (b) of this entry should be included in this entry as duties leviable by the Union, as it thinks that uniform rates of excise duty should be fixed in respect of these goods in all Statos for the sake of development of the pharmaceutical industry. The levy of different rates in differ- ent States is likely to lead to a discrimination in favour of goods imported from foreign countries which would be detrimental to the interests of Indian manufacturers as was pointed out by the Drugs Enquiry Committee in their report in 1931.

THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 330 299THE DRAFT CONSTITUTION

5. Prisons, reformatories, Borstal institutions and other institutions of a like nature, and persons detained therein; arrangements with other States for the use of prisons and other institutions.

6. Public debt of the State. 5

7. State Public Services and State Public Service Com- missions.

8. Works, lands and buildings vested in or in the posses- sion of the State.

*9. Compulsory acquisition of land except for the purposes of the Union subject to the provisions of List III with respect to regulation of the principles on which compen- sation is to be determined for property acquired or requisi- tioned for the purposes of a State.

10

10. Libraries, museums and other similar institutions controlled or financed by the State.

15

**11. Elections to the Legislature of the State and of the Governor of the State/for the constitution of a panel for the propose of the appointment of a Governor for the State; and Election Commission to superintend, direct and control such elections.

20

12. The emoluments and allowances and rights with respect to leave of absence of the Governor of the State, salaries and allowances of the Ministers for the State, of the Speaker and Deputy Speaker of the Legislative Assembly, and if there is a Legislative Council, of the Chairman and Deputy Chairman thereof; the salaries, allowances and privileges of the members of the Legislature of the State.

25

13. The enforcement of attendance of persons for giving evidence or producing documents before Committees of the Legislature of the State.

30

14. Local Government, that is to say, the constitution and powers of municipal corporations, improvement trusts, district boards, mining settlement authorities and other local authorities for the purpose of local self-government or village administration.

35

15. Public health and sanitation; hospitals and dispen- saries; registration of births and deaths.

*See footnote to entry 43 of List I (Union List).

**The words ‘for the constitution of a panel for the purpose of the appoint- ment of a Governor for the State’ will have to be used for the words ‘of the Governor of the State’ in this entry if the second alternative is adopted in article 131.

331 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 300 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

16. Pilgrimages, other than pilgrimages to places beyond India.

17. Burials and burial grounds; cremations and crema- tion grounds.

18. Education including Universities other than those specified in entry 40 of List I.

5

19. Communications, that is to say, roads, bridges, ferries, and other means of communication not specified in List I; minor railways subject to the provisions of List I with respect to such railways; municipal tramways; ropeways; inland waterways and traffic thereon subject to the provisions; of List I and List III with regard to such waterways; ports, subject to the provisions in List I with regard to major ports; vehicles other than mechanically propelled vehicles.

10

20. Water, that is to say, water supplies, irrigation and canals, drainage and embankments, water storage and water power subject to the provisions of entry 74 of List I. 15

21. Agriculture, including agricultural education and research, protection against pests and prevention of plant diseases

20

22. Improvement of stock and prevention of animal diseases; veterinary training and practice.

23. Pounds and the prevention of cattle trespass.

24. Land, that is to say, rights in or over land, land tenures including the relation of land-lord and tenant, and the collection of rents; transfer and alienation of agricultural land; land improvement and agricultural loans; colonization.

2

25. Courts of Wards, encumbered and attached estates.

26. Treasure trove.

27. Forests. 30

28. Regulation of mines and oilfields and mineral deve- lopment subject to the provisions of List I with respect to regulation and development under the control of the Union.

29. Fisheries.

30. Protection of wild birds and wild animals. 35

31. Gas and gasworks.

32. Trade and commerce within the State; markets and fairs.

33. Regulation of trade, commerce and intercourse with Other States for the purposes of the provisions of article 244 of this Constitution.

40 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 332 301THE DRAFT CONSTITUTION

31. Money lending and money lenders; relief of agricul- tural indebtedness.

35. Inns and inn-keepers.

36, Production, supply and distribution of goods.

37. Development of industries, subject to the provisions in List I with respect to the development of certain industries under the control of the Union, 5

38. Adulteration of foodstuffs and other goods.

39. Weights and measures except establishment of standards.

10

40. Intoxicating liquors and narcotic drugs, that is to say, the production, manufacture, possession, transport, purchase and sale of intoxicating liquors, opium and other narcotic drugs, but subject, as respects opium, to the provisions of List I and, as respects poisons and dangerous drugs, to the provisions of List III.

15

41. Relief of the poor; unemployment.

42. The incorporation, regulation, and winding up of corporations not being corporations specified in List I, or Universities; unincorporated trading, literary, scientific, religious and other societies and associations; co-operative societies

20

43. Charities and charitable institutions, charitable and religious endowments and religious institutions.

44. Theatres, dramatic performances and cinemas, but not including the sanction of cinematograph films for exhibi- tion 25

45. Betting and gambling.

46. Land revenue, including the assessment and collection of revenue, the maintenance of land records, survey for reve- nue purposes and records of rights, and alienation of revenues.

30

47. The rates of stamp duty in respect of documents other than those specified in the provisions of List I with regard to rates of stamp duty.

48. Duties in respect of succession to agricultural land. 35

49. Estate duty in respect of agricultural land.

50. Taxes on passengers and goods carried on inland waterways.

51. Taxes on agricultural income. 40

52. Duties of excise on the following goods manufactured or produced in the State and countervailing duties at the same or lower rates on similar goods manufactured or produced 333 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 302 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

elsewhere in the territory of India:— (a) alcoholic liquors for human consumption; (b) opium, Indian hemp and other narcotic drugs and narcotics, non-narcotic drugs;

*but not including medical and toilet preparations contain- ing alcohol or any substance included in sub-paragraph (b) of this entry.

5

53. Taxes on lands and buildings.

54. Taxes on mineral rights, subject to any limitations imposed by Parliament by law relating to mineral develop- ment.

10

55. Capitation taxes.

56. Taxes on professions, trades, callings and employ- ments.

57. Taxes on animals and boats. 15

**58. Taxes on the sale, turnover or purchase of goods in- cluding taxes in lieu thereof on the use or consumption within the State of goods liable to taxes within the State on sale, turnover or purchase; taxes on advertisements.

59. Taxes on vehicles suitable for use on roads, whether mechanically propelled or not, including tramcars. 20

60. Taxes on the consumption or sale of electricity.

61. Taxes on the entry of goods into a local area for con- sumption, use or sale therein.

62. Taxes on luxuries, including taxes on entertainments, amusements, betting and gambling.

25

63. Tolls.

64. Inquiries and statistics for the purpose of any of the matters in this last.

65. Offences against laws with respect to any of the matters in this List.

30

66. Fees in respect of any of the matters in this List, but not including fees taken in any court.

List III—Concurrent List

1. Criminal Law, including all matters included in the Indian Penal Code at the date of commencement of this Con- stitution, but excluding offences against laws with respect to 35

* See footnote to entry 86 of List I (Union List).

** This entry has been revised to follow the recommendation of the Expert Committee on the Financial Provisions of the Constitution. THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 334 303THE DRAFT CONSTITUTION

any of the matters specified in List I or List II and excluding the use of the naval, military and air forces in aid of the civil power.

2. Criminal Procedure, including all matters included in the Code of Criminal Procedure at the date of commencement of this Constitution.

5

3. Removal of prisoners and accused persons from one State to another State.

4. Civil Procedure, including the law of Limitation and all matters included in the Code of Civil Procedure at the date of commencement of this Constitution; the recovery in a State for the time being specified in Part I or Part II of the First Schedule of claims in respect of taxes and other public demands including arrears of land revenue and sums TPC ver- able as such, arising outside that State.

10

15 5, Evidence and oaths; recognition of laws, public acts and records and judicial proceedings.

6. Marriage and divorce; infants and minors; adoption.

*7. Wills, intestacy and succession; joint family and partition; all matters in respect of which parties in judicial proceedings were immediately before the commencement of this Constitution subject to their personal law.

20

8. Transfer of property other than agricultural land; registration of deeds and documents.

9. Trusts and Trustees. 25

10. Contracts, including partnership, agency, contracts of carriage, and other special forms of contracts, but not in- cluding contracts relating to agricultural land.

11. Arbitration.

12. Bankruptcy and insolvency. 30

13. Administrators-general and official trustees.

14. Stamp duties other than duties or fees collected by means of judicial stamps, but not including rates of stamp duty.

15. Actionable wrongs, save in so far as included in laws with respect to any of the matters specified in List II. 35

16. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters in this List.

* The Committee is of opinion that if there is to be a uniform personal law, e.g., for Hindus, throughout India, all the matters included therein at present should be put into the Concurrent List. Hence the enlargement of his entry.

335 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 304 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

17. Legal, medical and other professions.

18. Newspapers, books and printing presses.

19. Lunacy and mental deficiency, including places for the reception or treatment of lunatics and mental deficients.

20. Poisons and dangerous drugs. 5

21. Mechanically propelled vehicles.

22. Boilers.

23. Prevention of cruelty to animals.

24. Vagrancy; nomadic and migratory tribes.

25. Factories. 10

26. Welfare of labour; conditions of labour; provident funds; employers’ liability and workmen’s compensation; health insurance, including invalidity pensions; old age pensions.

27. Unemployment and social insurance. 15

28. Trade Union; industrial and labour disputes.

29. The prevention of the extension from one State to cm- other of infectious or contagious diseases or pests affecting men, animals or plants.

30. Electricity. 20

31. Shipping and navigation on inland waterways as regards mechanically propelled vessels, and the rule of the road on such waterways, and the carriage of passengers and goods on inland waterways subject to the provisions of List I with respect to National waterways.

23

32. The sanctioning of cinematograph films for exhibition.

33. Persons subjected to preventive detention under the authority of the Union.

34. Economic and social planning.

*35. The principles on which compensation is to be determined for property acquired or requisitioned for the pur- poses of the Union or a State.

30

36. Inquiries and statistics for the purpose of any of the matters in this List.

37. Fees in respect of any of the matters in this List, but not including fees taken in any court.

35

* See footnote to entry 43 of List I (Union last). THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 336 305THE DRAFT CONSTITUTION

EIGHTH SCHEDULE

[Article 303 (I) (x)]

SCHEDULED TRIBES

Part I MADRAS 5

1. Bagata 2, Bhottadas — Bodo Bhottada, Muria Bhottada and Sano Bhottada.

3. Bhumias — Bhuri Bhumia and Bodo Bhumia.

4. Bissoy — Barangi Jodia, Bennangi Daduva, 10 Frangi, Hollar, Jhoriya, Kollai, Konde, Paranga, Fenga Jodia, Sodo Jodia and Takora.

5. Dhakkada

6. Dombs — Andhiya Dombs, Audiniya Dombs, 15 Chonel Dombs, Christian Dombs, Mirgani Dombs, Oriya Dombs, Ponaka Dombs, Telega and Ummia.

7. Gadabas — Boda Gadaba, Cerllam Gadaba, 20 Franji Gadaba, Jodia Gadaba, Olaro Gadaba, Fangi Gadaba and Paranga Gadaba.

8. Ghaais. — Boda Ghasis and San Ghasls.

9. Gondi. — Modya Gond and Rajo Gond. 25

10. Goudus — Bato, Bhirithya, Dudhokouria, Hato, Jatako and Joria.

11. Kosalya Goudus Bosothoriya Goudus, Chitti — Goudus, Dangayath Goudus, Doddu Kamariya, Dudu 3 0 Kamaro, Ladiya Goudus and Pullosoriya Goudus.

12. Magatha Goudus Bernia Goudu, Boodo Magatha, — Dongayath Goudu, Ladya Goudu, Ponna Magatha and 35 Sana Magatha.

13. Seerithi Goudus

14. Holva.

15. Jadapus.

16. Jatapus. 40 337 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 306 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

17. Kammaras.

18. Khattis-Khatti, Kommaro and Lohara.

19. Kodu.

20. Kommar.

21. Konda Dhoras. 5

22. Konda Kapus.

23. Kondareddia.

24. Kondhs — Desaya Kondhs, Dongria Kondhs, Kuttiya Kondhs, Tikiria Kondhs and Yenity Kondhs. 10

25. Kotia . — Bartika, Bentho Oriya, Dhulia or Dulia, Holva Paiko, Putiya, Sanrona and Sidho Paiko.

26. Koya or Goud Raja of Rasha Koyas, Lingadhari with its subsects, — Koyas, (ordinary) and Kottu 15 Koyas 27 Madigas

28. Malas or Agency Malas or Valmikies

29. Malis. — Korchia Malis, Paiko Malis and Pedda Malis. 20

30. Maune.

31. Manna Dhora.

32. Mukha Dhora. — Nooka Dhora.

33. Muli or Muliya.

34. Muria. 25

35. Ojulus or Metta Komsalies.

36. Omanaito.

37. Paigarapu.

38. Palasi.

39. Palli. 30

40. Pentias.

41. Porjas . — Bodo, Bonda, Daruva, Didua, Jodia, Mundili, Pengu, Pydi and Saliya,

42. Reddi Dhoras. 5

43. Relli or Sachandi.

44. Ronas.

45. Savaras. — Kapu Savaras, Khutto Savaras and Maliya Savaras.

THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 338 307THE DRAFT CONSTITUTION

46. The residents of the Laccadive, Minicoy and Amin- divi Islands.

Part II BOMBAY

1. Barda. 5

2. Bavacha.

3. Bhil.

4. Chodhra.

5. Dhanka.

6. Dhodia. 10

7. Dubla.

8. Gamit, or Gamta.

9. Gond.

10. Kathodi, or Katkari.

11. Konkna 15

12. Koli Mahadeb.

13. Mavchi.

14. Naikda, or Nayak.

15. Pardhi, including Advichincher or Phanse Pardhl.

16. Patelia. 20

17. Pomla.

18. Powara.

19. Rathawa.

20. Tadvi Bhill.

21. Thakur. 25

22. Valvai.

23. Varli.

24. Vasava.

Part III WEST BENGAL 30

1. Botia.

2. Chakma.

339 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 308 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

3. Kuki.

4. Lepcha.

5. Munda.

6. Magh.

7. Mro.

8. Oraon.

9. Santal.

10. Tippera.

11. Any other tribe notified by the Government of West Bengal. 10 Part IV THE UNITED PROVINCES

1. Bhuinya.

2. Baiswar.

3. Baiga. 15

4. Gond.

5. Kharwar.

6. Kol.

7. Ojha.

8. Any other tribe notified by the 20 Government of the United Provinces.

Part V EAST PUNJAB The Tibetans in Spiti and Lahaul in the Kangra District. Part VI 25 BIHAR I. A resident of the State of Bihar belonging to any of the following tribes:—

1. Asur.

2. Banjara. 30 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 340 309THE DRAFT CONSTITUTION

3. Bathudi.

4. Bentkar.

5. Binjhia.

6. Birhor.

7. Birjia. 5

8. Chero.

9. Chik Baraik.

10. Gadaba.

11. Ghatwar.

12. Gond. 10

13. Gorait.

14. Ho.

15. Juang.

16. Karmali.

17. Kharia. 15

18. Kharwar.

19. Khetauri.

20. Khond.

21. Kisan.

22. Koli. 20

23. Kora.

24. Korwa.

25. Mahli.

26. Mal Paharia.

27. Munda. 25

28. Oraon.

29. Parhiya.

30. Santal.

31. Sauria Paharia.

32. Savar. 30

33. Tharu.

II. A resident in any of the following districts or police stations, that is to say, the districts of Ranchi, Singhbhum, Hazaribagh and the Santal Parganas, and the police stations of Arsha, Balarampur, Jhalda, Jaipur Baghmundi, Chan- dil, Ichagarh, Barahabhum, Patamda Banduan and Manbazar

35 341 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 310 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES