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NORTH-EASTERN AREAS (RE-ORGANISATION) ACT, 1971

Act No. 81 of 1971

An Act to provide for the establishment of the States of Manipur and Tripura and to provide for the formation of the State of Meghalaya and of the Union territories of Mizoram and Arunachal Pradesh by re-organisation of the existing State of Assam and for matters connected therewith.

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S.21 Amendment of Second Schedule to Act 43 of 1950

(1) In the Second Schedule to the Representation of the People Act, 1950.-

  • (i) under the heading "I. STATES:"-
    • (a) in item 2 relating to Assam, for the figures "126", the figures "114" shall be substituted;
    • (b) after item 17 and the entries relating thereto, the following shall be inserted, namely:-
      18. Manipur 60 1 19
      19. Tripura 60 6 19
      20. Meghalaya 60 ... 50
  • (ii) under the heading "11. UNION TERRITORIES" items 3 and 5 and the entries relating thereto shall be omitted.

(2) The amendment made by clause (i) (a) of sub-section (1) shall have affect on and after the appointed day in relation to the Legislative Assembly of the State of Assam and the amendment made by clause (i) (b) and clause (ii) of sub-section (1) shall them on the b

S.22

(2) For the purpose of assisting in the performance of its functions under sub-section (1), the Election Commission shall associate with itself as associate members.-

  • (a) in respect of the State of Manipur, all the sitting members of the House of the People representing the Union territory of Manipur or, as the case may be, the State of Manipur under sub-section (2) of section 15, and such six persons who were members of the Legislative Assembly of the Union territory of Manipur immediately before its dissolution by order of the President published in the Gazette of India, dated 16th October, 1969 with notification No. S.O.4223, dated 16th October, 1969 of the Government of India in the Ministry of Home Affairs, as the President may, by order, nominate.
  • (b) In respect of the State of Tripura, all the sitting members of the House of the People representing the Union Territory of Tripura or, as the case may be, the State of Tripura under sub-section (2) of secti

S.23 Power of Election Commission to maintain delimitation orders up-to-date

(1) The Election Commission may, from time to time, by notification in the Official Gazette,-

  • (a) correct any printing mistake in any order made under section 22 or any error arising therein from in adverse slip or commission;
  • (b) where the boundaries or name of any territorial division mentioned in any such order are or is altered, make such amendment as appeal to it to be necessary or expedient for bringing such order up-to-date.

(2) Every notification under this section shall be laid, as soon as may be after it is issued, before the Legislative Assembly of the concerned State.


S.24 Validation of acts done previous to the commencement of the Act

All things done, and all steps taken, before the commencement of this Act with a view to delimiting the territorial constituencies of the States of Manipur, Tripura and Meghalaya for the purpose of elections to the Legislative Assemblies of those States shall, in so far as they are in conformity with the provisions of sections 22 and 23, be deemed to have been done or taken under those sections as if those sections were in force the time such things were done or such steps were taken.


S.25 Amendment of Scheduled Castes Orders

(1) On and from the appointed day, the Constitution (Scheduled castes) Order, 1950 shall and amended as directed in the Second Schedule.

(2) On and from the appointed day, the constitution (Scheduled castes) Union Territories) Order, 1951 shall stand amended as directed in the Third Scheduled.


S.26 Amendment of Scheduled tribes Orders

(1) On and from appointed day the Constitution (Schedule tribes) Order, 1950 shall stand amended as directed in the Fourth Schedule.

(2) On and from the appointed day, the Constitution (Scheduled tribes) (Union Territories) Order, 1951 shall stand amended as directed in the Fifth Schedule.


S.27 Provision as to provisional Legislative Assembly of the State of Meghalaya and as to Rules of Procedure and Conduct of Business of the Legislative Assemblies of the States of Meghalaya, Manipur and Tripura

(1) On and from the appointed day and until the Legislative Assembly of the State of Meghalaya has been duly constituted and summoned to meet for the first session under the provisions of the Constitution, the Provisional Legislative Assembly of the Autonomous State of Meghalaya, excluding the members nominated thereto constituted under section 62 of the Assam Re-organisation (Meghalaya) Act, 1969 (55 of 1969), and functioning immediately before the appointed day, shall be the Provisional Legislative Assembly of the State of Meghalaya and that Assembly shall exercise all the powers and perform all the duties conferred by the provisions of the Constitution on the Legislative Assembly of that State:

Provided that for the purposes of this sub-section, the member representative the autonomous District of United Khasi-Jaintia Hills in the said Provisional Legislative Assembly of the autonomous State of Meghalaya shall be deemed also to represent the territories specified in claus

S.28 Common High Court for Assam, Nagaland, Meghalaya, Manipur and Tripura

(1) On and from the appointed day.-

  • (a) the High Court of Assam and Nagaland shall cease to function and is hereby abolished;
  • (b) there shall be a common High Court for the State of Assam, Nagaland, Meghalaya, Manipur and Tripura to be called Guwahati High Court (the High Court of Assam, Nagaland, Meghalaya, Manipur and Tripura);
  • (c) the Judges of the High Court of Assam and Nagaland holding office immediately before the day shall, unless they have elected otherwise, become on that day the Judges of the common High Court.

(2) Nothing in clause (a) of sub-section (1) shall prejudice or affect the continued operation of any notice served, injunction issued, direction given or proceedings taken before the appointed day by the High Court of Assam and Nagaland under the powers then conferred upon that Court.


S.29 Jurisdiction of the common High Court

On and from the appointed day, the Courts of Judicial Commissioners for High Court shall have, in respect of the territories comprised in the State of Assam, Manipur, Meghalaya, Nagaland and Tripura, all such jurisdiction, powers and authority as under the law in force immediately before the appointed day, are exercisable in respect of those territories by the High Court of Assam and Nagaland or the Court of the Judicial Commissioner for Manipur, or the Court of the Judicial Commissioner for Tripura, as the case may be.


S.30 Abolition of certain Courts

(1) On and from the appointed day, the Courts of Judicial Commissioners for Manipur and Tripura shall cease to function and are hereby abolished.

(2) Nothing in sub-section (1) shall prejudice or affect the continued operation by any notice served, injunction issued, direction given or proceedings taken before the appointed day by any of the Courts abolished by that sub-section, under the powers then conferred upon that Court.


S.31 Principal seat and other places of sitting of the common High Court

(1) The principal seat of the common High Court shall be at the same place at which the principal seat of the High Court of Assam and Nagaland is located immediately before the appointed day.

(2) The President may by notified order provided for the establishment of a permanent bench or benches of the common High Court at one or more places within the territories to which the jurisdiction of the High Court extends, other than the principal seat of the High Court, and for any matters connected therewith:

Provided that before issuing any Order under this sub-section, the President shall consult the Chief Justice of the common High Court and the Governor of the State in which the bench or benches is or are propose to be established.

(3) Notwithstanding anything contained in sub-section (1) or sub-section (2) the Judges and division courts of the common High Court may also sit at such other place or places in the State of Assam, Manipur, Meghalaya, Nagaland or Tripu

S.32 Extension of jurisdiction of the common Health Court to the Union territories of Mizoram and Arunachal Pradesh

On and from the appointed day, the jurisdiction of the common High Court shall extent to the Union territories of Mizoram and Arunachal Pradesh.


S.33 Allocation of expenditure of the common High Court

The expenditure in respect of salaries and allowances of the Judges of the common High Court shall be allocated amongst the State of Assam, Manipur, Meghalaya, Nagaland and Tripura and the Union in such proportion as the President may, by order, determine.


S.34 Special provisions relating to advocates and Bar Council

(1) Subject to any rule made or direction given by the common High Court in this behalf, any person, who immediately before the appointed day, is an advocate entitled to practice in the High Court of Assam and Nagaland or in the Court of the Judicial Commissioner for Manipur or in the Court of the Judicial Commissioner for Tripura, shall be entitled to practice as an advocate in the common High Court.

(2) The right of audience in the common High Court shall be regulated in accordance with the like principles as, immediately before the appointed day, are in force with respect to the right of audience in the High Court of Assam and Nagaland:

Provided that as among the Advocates-General of the State of Assam, Manipur, Meghalaya, Nagaland and Tripura the right of audience shall be determine with reference to their dates of enrolment as advocates.

(3) On and from the appointed day, in the Advocates Act, 1961 (25 of 1961) (thereafter in this Part referred to as the A

S.35 Practice and procedure in the common High Court

Subject to the provisions of this Part, the law in force immediately before the appointed day with respect to practice and procedure in the High Court of Assam and Nagaland shall, with the necessary modifications apply in relation to the Common High Court.


S.36 Custody of seal of the Common High Court

The law in force immediately before the appointed day with respect to the custody of the seal of the High Court of Assam and Nagaland shall, with the necessary modifications apply with respect to the custody of the seal of the common High Court.


S.37 Form of writs and other process

The law in force immediately before the appointed day with respect to the form of writs and other process used, issued or awarded by the High Court of Assam and Nagaland shall, with necessary modifications, apply with respect to the form of writs and other process used, issued or awarded by the common High Court.


S.38 Power of Judges

The law in force immediately before the appointed day with respect to the powers of the Chief Justice, single Judges and division courts of the High Court of Assam and Nagaland and with respect to all matters ancillary to the exercise to those powers shall, with the necessary modifications, apply in relation to the common High Court.


S.39 Procedure as to appeals to Supreme Court

The Law in force immediately before the appointed day relating to appeals to the Supreme Court from the High Court of Assam and Nagaland and the Judges and division courts thereof shall, with the necessary modifications, apply in relation to the common High Court.


S.40 Transfer of proceedings from the High Court of Assam and Nagaland and the Courts of the Judicial Commissioners to the common High Court

(1) All proceedings pending in the High Court of Assam and Nagaland and in the Courts of the Judicial Commissioners for Manipur and Tripura immediately before the appointed day shall, from such day, stand transferred to the common High Court.

(2) Every proceeding transferred under sub-section (1) shall be disposed of the by the common High Courts as if such proceeding was entertained by that High Court.

(3) Any order made before the appointed day by the High Court of Assam, and Nagaland or by the Court of the Judicial Commissioner for Manipur or by the Court of the Judicial Commissioner for Tripura shall for all purposes, have effect not only as an order of that High Court or, as the case may be, of that Court but also as an order of the common High Court.


S.41 Interpretation

For the purposes of section (40).-

  • (a) proceeding shall be deemed to be pending in a court until that court has disposed of all issues between the parties, including any issues with respect to the taxation of the courts of the proceedings and shall include appeals, applications for leave to appeal to the Supreme Court, applications for review, petitions for revisions and petitions for writs; and
  • (b) references to a High Court shall be construed as including references to a Judge or division court thereof, and references to an order made by a court or a Judge shall be construed as including references to a sentence, Judgment or degree passed or made by that court or Judge.

S.42 Right to appear or act in proceeding transferred to the common High Court

Any person who, immediately before the appointed day, is an advocate entitled to practice in the High Court of Assam and Nagaland or in the Court of the Judicial Commissioner for Manipur or in the court of the Judicial Commissioner for Tripura and was authorized to appear or to act in any proceedings transferred from the said High Court or Courts of the Judicial Commissioner to the common High Court under 40, shall have the right to appear or to act as the case may be in the common High Court in relation to those proceedings.


S.43 Savings

Nothing in this Part shall effect the application to the common High Court of any provisions of the Constitution, and this Part shall have effect subject top any provision that may be made on after the appointed day with respect to that High Court by any Legislature or other authority having power to make such provisions.


S.44 Authorisation of expenditure pending sanction by Legislature

(1) the President may, at any time before the appointed day, authorized by order such expenditure from the Consolidated Fund of the State of Manipur or of the State of Tripura as he deems necessary for a period of not more than six months beginning with the appointed day pending the sanction of such expenditure by the Legislative Assembly of the State of Manipur or of the State of Manipur or of the State of Tripura as the case may be:

Provided that the Governor of Manipur or of Tripura may, after the appointed day, authorized by order such further expenditure as he deems necessary from the Consolidated Fund of the State of Manipur or as the case may be, the State of Tripura for any period not extending beyond the said period of six months.

(2) The President or, as the case may be, the Governor of the concerned State shall make separate orders under sub-section (1) in respect of period falling in different financial years.

(3) The Governor of Assam, exercising t

S.45 Appropriation of moneys for expenditure to the Union territory of Arunachal Pradesh

Any Act passed by Parliament, for the appropriation of any money out of the consolidated Fund of India to meet the expenditure in respect of any part of the financial year 1971, 72 in or for the purposes of the tribal areas of Assam specified in Part B of the Table appended to paragraph 20 of the Sixth Schedule to the Constitution shall, on and from the appointed day, have effect also in relation to the Union territory of Arunachal Pradesh and it shall be lawful for the President to spent any amount in, or for the purposes of that Union territory out of the amounts authorised by such Act to be expended in, or for the purposes of the said tribal areas.


S.46 Reports relating to the accounts of the Union territories of Manipur and Tripura

(1) The reports of the Comptroller and Auditor General of India referred to in section 29 of the Government of Union Territories Act, 1965 (20 of 1965) relating to the accounts of the Union territory of Manipur or of the Union territory of Tripura in respect of any period prior to the appointed day shall be submitted to the Governor of Manipur or of Tripura, as the case may be, who shall cause them to be laid before the Legislative Assembly of the State of Manipur or of the State of Tripura, as the case may be.

(2) The Governor of Manipur or of Tripura, as the case may be, may be by order.-

  • (a) declare any expenditure incurred out of the Consolidated Fund of the Union territory of Manipur or of Tripura, on any service in respect of any period prior to the appointed day during the financial year 1971-72 or in respect of any earlier financial year in excess of the amount granted for that service and for that year as disclosed in the reports referred to in sub-sect

S.47 Reports relating to the accounts of the autonomous State of Meghalaya

(1) The reports of the Comptroller and Auditor-General of India relating to the accounts of the autonomous State of Meghalaya in respect of any period prior to the appointed day shall be submitted to the Governor of Meghalaya who shall cause them to be laid before the Legislative Assembly of the State of Meghalaya.

(2) The Governor of Meghalaya, may, by order.-

  • (a) declare any expenditure incurred out of the Consolidated Fund of the autonomous State of Meghalaya on any service in respect of any period prior to the appointed day during the financial year 1971-72 or in respect of any earlier financial year in excess of the amount granted for that service and for that year as disclosed in the reports referred to in sub-section (1) to have been duly authorised, and
  • (b) provide for any action to be taken on any matter arising out of the said reports.

S.48 Allowances and privileges of the Governor of Assam, Manipur, Meghalaya and Tripura

The allowances and privileges of the Governor of Assam, Manipur, Meghalaya and Tripura shall, until provision in that behalf is made by Parliament by law under clause (3) of article 158, be such as the President may, by order, determine.


S.49 Distribution of revenues

The President shall by order, determine the grants-in-aid of the revenues of the State of Assam, Manipur, Meghalaya and Tripura and the share of each State in the Union duties of excise estate duty and taxes on income and for that purpose amend thereby the relevant provisions of the Union duties of Excise (Distribution) Act, 1962 (3 of 1962) the Additional Duties of Excise (Goods of Special Importance) Act, 1957 (58 of 1957) the Estate Duty (Distribution) Act, 1962 (9 of 1962) and the Constituent Distribution of Revenues Order, 1969 (C.O. 87) in such manner as he thinks fit.


S.50 Property, assets, rights, liabilities, obligations etc., of the States of Manipur and Tripura

(1) All such property and assets within the Union territory of Manipur or of Tripura as are held immediately before the appointed day by the Union for purpose of governance of that Union territory shall, on and from that day, pass to the State of Manipur or of Tripura, as the case may be, unless the purposes for which such property and assets are so held are Union purposes:

Provided that the cash balance in the treasuries in the Union territory of Manipur or of Tripura before the appointed day shall, as from that day, vest in the State of Manipur or of Tripura, as the case may be.

(2) All rights, liabilities and obligations (other than those relatable to, or in connection with, a Union purpose), whether arising out of any contract or otherwise, which are, immediately before the appointed day.-

  • (a) the rights, liabilities and obligations of the Central Government arising out of, or in connection with, the governance of the Union territory of Manipur or of

S.51 Assets and liabilities of the State of Meghalaya

(1) All rights, liabilities and obligations whether arising out of any contract or otherwise, which are, immediately before the appointed day, the rights liabilities and obligations of the autonomous State of Meghalaya, including the rights, liabilities and obligations apportioned or to be apportioned to the share of the autonomous State Meghalaya, including the rights, liabilities and obligations apportioned to the share of the autonomous State Meghalaya by virtue of section 58 of the Assam Re-organisation (Meghalaya) Act, 1969 (55 of 1969) shall, on and from the appointed day, be the rights, liabilities and obligations of the State of Meghalaya.

(2) All property and assets held by the autonomous State of Meghalaya immediately before the appointed day, including the property and assets apportioned or to be apportioned to the share of the autonomous State of Meghalaya Act by virtue of section 58 of the Assam Re-organisation Meghalaya Act, 1969 (55 of 1969), shall, on and fro

S.52 Assets and liabilities (including public debt) relating to the Mizo Districts

(1) All property and assets within the Mizo District which are, immediately before the appointed day, vested in the existing State of Assam shall, as from that day, pass to the Union.

(2) Unless the Central government otherwise direct any stores, articles and other goods belonging to the existing State of Assam and situated outside the Mizo district immediately before the appointed day shall, as form that day, pass to the Union if such store, articles or other goods are held for, or are relatable to, the administration of that District.

(3) All rights, liabilities and obligations of the existing State of Assam in relation to the Mizo District shall, as from the appointed day, be the rights, liabilities and obligations of the Union.

(4) The liability of the existing State of Assam to the Union in respect of the loans taken by the State from the Central Government shall be reduces by an amount which bears such proportion to the total public debt of that State imm

S.53 Provisions as to certain corporations

(1) The following bodies corporate constituted for the existing State of Assam, namely:-

  • (a) the State Electricity Board constituted under the electricity (Supply) Act, 1948, (54 of 1948); and
  • (b) the State Warehousing corporation established under the Warehousing Corporation Act, 1962 (58 of 1962).

shall, on and from the appointed day, continue to function in those areas in respect of which they were functioning immediately before that day, subject to the provisions of this section and to such directions as may, from time to time, be issued by the Central Government.

(2) Any directions issued by the Central Government under sub-section (1) in respect of the Board or the Corporation may include a direction that the Act under which the Board or the Corporation was constituted shall, in its application to that Board or Corporation have effect subject to such exceptions and modification as the Central Government thinks fit.

(3) The Boa

S.54 Continuance of arrangements in regard to generation and supply of electric power and supply of water

If it appears to the Central Government that the arrangement in regard to the generation or supply of electric power of the supply of water for any are or in regard to the execution of any project for such generation or supply has been or is likely to be modified to the disadvantage of that area by reason of the fact that it is, by virtue of the provisions of Part II, outside the State in which the power stations and other installations for the generation and supply of such power or the catchment area reservoirs and other works for the supply of water, as the case may be are located, the Central Government may give such directions as it deems fit to the State Government or other authority concerned for the maintenance, so far as practicable, of the previous arrangement.


S.55 Provisions as to Assam State Financial Corporation

(1) The Assam State Financial Corporation established under the State Financial Corporation act, 1951,(63 of 1951), shall, on and from the appointed day, continue to function in those areas in respect of which it was functioning immediately before that day, subject to the provisions of this section and to such directions as may, from time to time, be issued by the Central Government.

(2) Any direction issued by the Central Government under sub-section (1) in respect of the Corporation may include a direction that the said Act, in its application to the Corporation, shall have effect subject to such exceptions and modifications as may specified in the direction.

(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), the Board of Directors of the Corporation may, with the previous approval of the Central Government and shall, if so required by the Central Government, convene at any time after the appointed day a meeting for the consideration of a

S.56 General provisions as to statutory corporations

Save as otherwise expressly provided by the foregoing provisions of this Part, where anybody corporate constituted under a Central Act, State Act, or Provincial Act for the existing State of Assam or any part thereof has, by virtue of the provisions of Part II, become as inter State body corporate, then, the body corporate shall, on and from the appointed day continue to function and operate in those areas in respect of which it was functioning and operating immediately before that day, subject to such directions may from time to time be issued by the Central Government, until other provision is made by law in respect of the said body corporate.

(2) Any directions issued by the Central Government under sub-section (1) in respect of any such body corporate may include a direction that any law by which the said body corporate is governed shall, in its application to that body corporate, have effect, subject to such exceptions and modifications as may be specified in the direct

S.57 Temporary provisions as to continuance of certain existing road transport permits

(1) Notwithstanding anything contained in section 63 of the Motor Vehicles Act, 1939, (4 of 1939) a permit granted by the State or a Regional Transport Authority in the existing State of Assam shall, if such permit was immediately before the appointed day, valid and effective in any area therein, be deemed to continue to be valid and effective in that area after that day subject to the provisions of that Act, as for the time being in force in that area and it shall not be necessary for any such permit to be countersigned by any State or Regional Transport Authority for the purpose of validating it for use in such area:

Provided that the Central Government may, after consultation with the State Government or Governments concerned, add to amend or vary the conditions attached to the permit by the authority by which the permit was granted.

(2) No tolls, entrance fees or other charges of a like nature shall be levied after the appointed day in respect of any transport veh

S.58 Special provision relating to retrenchment compensation in certain cases

Where, on account of the re-organisation of the existing State of Assam under this Act, anybody corporate constituted under a Central Act, State Act or Provincial Act, any cooperative society registered under any law relating to co-operative societies or any commercial or industrial undertaking of that State is reconstituted or re-organised in any manner whatsoever or is amalgamated with any other body corporate co-operative society or undertaking, or is dissolved, and in consequence of such re-constitution re-organisation, amalgamation or dissolution, any workman employed by such body corporate or any such cooperative society or undertaking, is transferred to, or re-employed any other body corporate, or in any other co-operative society or undertaking, then notwithstanding anything contained in section 25F, 25FF or 25FFF of the Industrial Disputes act, 1947, (14 of 1947) such transfer or re-employment shall not entitle him to any compensation under that section:

Provided Th

S.59 Special provisions as to income tax

Where the assets, rights and liabilities of anybody corporate carrying on business are under the provisions of this Part, transferred to any other bodies corporate which after the transfer carry on the same business, the losses or profits or gains sustained by the body corporate first mentioned which, but for such transfer, would have been allowed to be carried forward and set-off in accordance with the provisions of Chapter VI of the Income tax Act 1961 (43 of 1961), shall be apportioned amongst the transferred bodies corporate in accordance with the rules to be made by the Central Government in this behalf and, upon such apportionment, the share of loss allotted to each transferee body corporate shall be dealt with in accordance with the provisions of Chapter VI of the said Act, as if the transferee body corporate has itself sustained such loss in a business carried on by it in the years in which these losses were sustained.


S.60 Continuance of facilities in certain State institutions

(1) The Government of the State of Assam or Meghalaya or, as the case may be, the Central Government in relation to the Union territory of Mizoram shall, in respect of the institutions specified in the seventh Schedule located in that State or Union territory, continue to provide facilities to any other Government aforesaid and the people of the States and Union territory aforesaid which shall not, in any respect, be less favourable to such Government and people than what were being provided to them before the appointed day, for such period and upon such terms and conditions (including those relating to any contributions to be made for the provision of such facilities) as may be agreed upon between the said Governments before the expiry of a period of one year from the appointed day or, if no agreement is reached before such expiry, as may be fixed by order of the Central Government.

(2) The Central Government may at any time before the expiry of a period of one year from th

S.61 Provisions relating to All-India Services

(1) In this section, the expression "joint cadre"-

  • (a) in relation to the Indian Administrative Service, has the meaning assigned to it in the Indian Administrative Service (Cadre) Rules, 1954;
  • (b) in relation to the Indian Police Service has the meaning assigned to it in the Indian Forest service Cadre Rules, 1954; and
  • (c) in relation to the Indian Forest Service, has the meaning assigned to it in the Indian Forest Service (Cadre) Rules, 1966.

(2) On and from the appointed day, there shall be constituted for the States of Assam and Meghalaya a joint cadre of the Indian Administrative Service, a joint cadre of the Indian Police Service and a joint cadre of the Indian Forest Service.

(3) On and from the appointed day, there shall be constituted for the States of Manipur and Tripura a joint cadre of the Indian Administrative Service, a joint cadre of the Indian Police Service and a joint cadre of the Indian Forest Service.

(4

S.62 Provision relating to Services in Manipur and Tripura

Every person who immediately before the appointed day is serving in connection with the affairs of the Union under the administrative control of the Administrator of the Union territory of Manipur or the Administrator of the Union territory of Tripura (including a person who has been placed on deputation by the Administrator concerned with any other authority), shall, unless otherwise directed by an order of the Central Government, be deemed to have been allocated for service as from that day in connection with the affairs of State of Manipur or, as the case may be, of the State of Tripura:

Provided that no direction shall be issued under this section after the expiry of a period of one year from the appointed day.


S.63 Special provisions relating to members of Central Health Service

Notwithstanding the provisions of section 62, every member of the Central Health Service who immediately before the appointed day is holding any post in the Union territory of Manipur or the Union territory of Tripura, being a post included in the authorised strength of that Service, shall unless otherwise directed by the Central Government, be deemed to be on deputation on and from the appointed, to the Government of the State of Manipur or, as the case may be or the State of Tripura on the same terms and conditions of service as are applicable to him under the Central Health Service Rules, 1963, but without any deputation allowance:

Provided that the period of such deputation shall in no case extend beyond a period of three years from the appointed day.

Explanation.-In this section, "central Health Service" means the Central Health Service constituted under the Central Health Service Rules, 1963.


S.64 Provisions relating to Services in the existing State of Assam

(1) Such persons serving in connection with the affairs of the existing State of Assam (including persons borne on any cadre of that State and serving under the Government of the autonomous State of Meghalaya or on deputation to any other Government or authority) as may be determined at any time before or after the appointed day.-

  • (a) by agreement the Government of the existing State of Assam and the Government of the autonomous State of Meghalaya or between the Government of the State of Assam and the Government of the State of Meghalaya, as the case may be, or
  • (b) in default of any such agreement, by the Central Government may, notwithstanding anything in their terms of appointment or their conditions of service,-
    • (i) in a case referred to in clause (a), by one or more orders made by the Government of the existing State of Assam or the Government of the State of Assam, as the case may be, or
    • (ii) in a case referred to in clause

S.65 Provisions relating to Services in the autonomous State of Meghalaya

Every person who immediately before the appointed day is serving in connection with the affairs of the autonomous State of Meghalaya (including a person on deputation from the Government of that autonomous State to any other Government or authority) not being a person to whom section 64 applies, shall be deemed to have been allocated to serve as from that day in connect on with the affairs of the State of Meghalaya.


S.66 Other provisions relating to Services

(1) Nothing in this section or sections 62 to 65 (both inclusive) shall be deemed to effect on or after the appointed day the operation of the provision of Chapter I of Part XIV of the Constitution in relation to determination of conditions of service of persons serving in connection with the affairs of the State of Manipur, Meghalaya or Tripura or the Union territory of Mizoram.

Provided that the conditions of service applicable immediately before the appointed day in the case of any person deemed to have been allocated to the State of Manipur or the State of Tripura under section 62 or to the State of Meghalaya under sub-section (1) of section 564 or section 65 or to the Union under sub-section (2) of section 64 shall not be varied to his disadvantage except with the previous approval of the Central Government.

(2) All services prior to the appointed day rendered by a person-

  • (a) if he is deemed to have been allocated to any State under section 62 or se

S.67 Provisions to continuance of officers in same posts

(1) Every person who, immediately before the appointed day is holding or discharging the duties of any post or office in connection with the administration of the Union territory of Manipur or Union territory of Tripura, shall continue to hold the same post of office in the State of Manipur or, as the case may be in the State of Tripura and shall be deemed, on and from the day, to have been duly appointed to the post or office by the Government of, or order appropriate authority in the State concerned.

(2) Where a person who immediately before the appointed day is holding or discharging the duties of any post or office in connection with the affairs of the existing State of Assam, and, as from the appointed day, such duties become duties in connection with the affairs of the State of Meghalaya or administration of the Union territory of Mizoram, then he shall continue to hold the same post or office in that State or Union territory and shall be deemed, on and from that day t

S.68 Advisory Committee

The Central Government may, by order, establish one or more Advisory Committees for the purposes of assisting it in regard to-

  • (a) the discharge of any of its functions under this Part; and
  • (b) the ensuring of fair and equitable treatment to all person affected by the provisions of this Part and proper consideration of any representations made by such persons.

S.69 Power of Central Government to give directions

The Central Government may give such directions to the State Governments of Assam, Manipur, Meghalaya and Tripura and to the Administrator of the Union territory of Mizoram as may appear to it to be necessary for the purposes of giving effect to the foregoing provisions of this Part and the State Governments and the Administrator shall comply with such directions.


S.70 Provisions as to State Public Service Commission

(1) The Public Service Commission for the existing State of Assam shall, on and from the appointed day, be deemed to be the Public Service Commission for the State of Assam.

(2) Every person holding office immediately before the appointed day, as Chairman or other member of the Public Service Commission for the existing State of Assam shall, as from the appointed day, be the Chairman or, as the case may be the other member of the Public Service Commission for the State of Assam.

(3) Every person who becomes Chairman or other member of the Public Service Commission for the State of Assam on the appointed day under sub-section (2) shall-

  • (a) be entitled to receive from the Government of the State of Assam conditions of service not less favourable than those to which he was entitled under the provisions applicable to him immediately before the appointed day, and
  • (b) subject to the proviso to clause (2) of article 316, hold office or continue to hold

S.71 Amendment of articles 210, 239A, 244, 244A, 275, 332, 371B and Fifth and Sixth Schedules to the Constitution

On and from the appointed day-

  • (a) in article 210, in the proviso to clause (2), for the words "Legislature of the State of Himachal Pradesh", the words "Legislature of the State of Himachal Pradesh, Manipur, Meghalaya and Tripura" shall be substituted;
  • (b) in article 239A, in clause (1), the words "Manipur, Tripura", shall be omitted;
  • (c) in article 244,-
    • (i) in clause (1), for words "the State of Assam", the words "the State of Assam and Meghalaya" shall be substituted;
    • (ii) in clause (2), for the words "the State of Assam", the words "the State of Assam and Meghalaya and the Union territory of Mizoram" shall be substituted;
  • (d) in article 244A, in clause (1), for the words and letter "Part A" the word and figure "Part I" shall be substituted;
  • (e) in article 275, in clause (a) of the second proviso to clause (1) for the word and letter "Part A", the word and figure "Part 1", shall be substi

S.72 Amendment of Act 2 of 1934

On and from the appointed day, in section 21A of the Reserve bank of India Act, 1934, in sub-section (1), the brackets and words "(including the autonomous State of Meghalaya)" shall be omitted.


S.73 Amendment of Act 64 of 1950

On and from the appointment day, in section 47A of the Road Transport Corporation Act 1950, in the Explanation to sub-section (1), after clause (ii), the following clause shall be inserted, namely:-

"(iii) in relation to the Assam State Road Transport; Corporation, shall mean the Government of the State of Assam or of Meghalaya as formed under the North-Eastern Areas (Re-organisation) Act, 1971".


S.74 Amendment of act 37 of 1956

On and from the appointment day, in the States Re-organisation Act, 1956.-

  • (a) for clause (c) section 15, the following clause shall be substituted, namely:-
  • (b) the Eastern Zone, comprising the States of Bihar, West Bengal and Orissa;
  • (c) in sub-section (1) of section 16, clause (d) shall be omitted.

S.75 Amendment of Act 20 of 1963

On and from the appointed day, in the Government of union Territories Act, 1963.-

  • (a) in clause (h) of sub-section (1) of section 2, the words "Manipur", "Tripura" shall be omitted;
  • (b) in section 44, sub-section (2) shall be omitted;
  • (c) section 52 shall be omitted.

S.76 Amendment of Act 56 of 1955 and the Tripura (Courts) Order, 1950

On and from the appointed day.-

  • (a) the Manipur (Courts) Acts, 1955 shall stand amended as directed in the Ninth Schedule;
  • (b) the Tripura (Courts) Order, 1950 shall stand amended as directed in the Tenth Schedule;

S.77 Amendment extend of laws

The provisions of Part II shall not, be deemed to have effected any change in the territories to which any law in force immediately before the appointed day extends or applies and the territorial references in any such law to the existing States of Assam or the autonomous State of Meghalaya or the Union territory of Manipur or the Union territory of Tripura or the North-East Frontier Agency shall, until otherwise provided by a competent Legislature of other competent authority, be construed as meaning the territories within that State or autonomous State of Union territory or Agency immediately before the Appointed day.


S.78 Continuance of existing District Councils and Regional Council and members thereof

For the removal of doubt it is hereby declared that all District Councils and the Regional Council constituted under the provisions of sixth Schedule to the Constitution and functioning immediately before the appointed day in the respective autonomous districts and in the autonomous region shall, as from that day, be deemed to have been constituted under the said Schedule as amended by clause (i) of section 71, read with the Eight Schedule and accordingly,-

  • (a) every such District Council and Regional Council shall, unless sooner dissolved, continue to function in the respective autonomous districts and in the autonomous region notwithstanding that any such district or region ceases to be comprised in the territories of the State of Assam, by virtue of the provisions of Part II; and
  • (b) every member of such District Council or regional Council shall continue to be a member thereof for the unexpired term of this office as such.

S.79 Power to adapt laws

For the purpose of facilitating the application of any law in relation to any of the States or Union territories formed or established by the provisions of Part II, the appropriate Government may before the expiration of two years from the appointed day by order, makes such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent Legislature or other competent authority.

Explanation.-In this section, the expression "the appropriated Government" means-

  • (a) as respects any law relating to a matter enumerated in the Union List in the Seventh Schedule to the Constitution, the Central Government; and
  • (b) as respects, any other law,-
    • (i) in its application to a State, the State Government, and
    • (ii) in its application to a Uni

S.80 Power to construe laws

(1) Notwithstanding that no provision or insufficient provision has been made under section 79 for the adaptation of a law made before the appointed day, any court, tribunal or authority required or empowered to enforce such law may for the purpose of facilitating its application in relation to the State of Assam Manipur, Meghalaya or Tripura or to the Union territory of Mizoram or Arunachal Pradesh construe the law in such manner without affecting the substance, as may be necessary or proper in regard to the matter before the court, tribunal or authority.

(2) Any reference to the High Court of Assam or the High Court of Assam and Nagaland or to the Judicial Commissioner for Manipur or of the Judicial Commissioner for Tripura in any law shall, unless the context otherwise requires, be construed, on and from the appointed day, as a reference to the common High Court.


S.81 Power to name authorities, etc., for exercising statutory functions

The Central Government, as respects the Union territory of Mizoram or Arunachal Pradesh and the State Government as respects any new State established or formed by the provisions of Part II may, by notification in the Official Gazette, specify the authority, officer or person who, as from the appointed day, shall be competent to exercise such functions exercisable under any law in force on that day as may be mentioned in that notification and such law have effect accordingly.


S.82 Legal proceedings

(1) Where immediately before the appointed day the Union is a party to any legal proceedings with respect to any property, right or liability and such property, right or liability devolved on the State of Manipur or the State of Tripura under this act, then, the State of Manipur or, as the case may be, the State of Tripura shall be deemed to be substituted for the union as a party to those proceedings and the proceeding may continue accordingly.

(2) Where immediately before the appointed day the autonomous State of Meghalaya is a party to any legal proceedings with respect to any poverty, right or liability of that State, and such property, right or, liability devolves on the State of Meghalaya under this act, than the State of Meghalaya shall be deemed to be substituted for the autonomous State of Meghalaya as a party to those proceedings and the proceedings may continue accordingly.

(3) Where immediately before the appointed day the existing State of Assam is a part

S.83 Rights of pleaders to practice in certain cases

Any person who, immediately before the appointed day, is enrolled as a pleader entitled to practice in any subordinate courts in the existing State of Assam shall, for a period of one year from that day, continue to be entitled to practice in those courts, notwithstanding that the whole or any part of the territories within jurisdiction of those court has been transferred to the State of Meghalaya or to a Union territory.


S.84 Transfer of pending proceedings

(1) Every proceeding pending immediately before the appointed day before a court other than a High Court), tribunal, authority or officer in any area which on that day falls within a State or Union territory shall, if it is a proceeding relating exclusively to the territories which from that day are the corresponding court, tribunal, authority or officer in that other State or Union territory, as the case may be.

(2) If any question arises as to whether any proceeding should stand transferred under sub-section (1), it shall be referred to the common High Court and the decision of that High Court shall be final.

(3) In this section,-

  • (a) "proceeding" includes any suit, case or appeal; and
  • (b) "corresponding court, tribunal, authority or officer" in a State or a Union territory means-
    • (i) the court, tribunal, authority or officer in that State or Union territory in which or before whom the proceeding would have laid if it had b

S.85 Provisions as to continuance of courts, etc

All courts and tribunal and all authorities discharging lawful functions throughout the existing State of Assam of the Union territory of Manipur or the Union territory of Tripura or any part of such State or Union territory immediately before the appointed day shall unless their continuance is inconsistent with the provisions of this Act or until other provision is made by a competent Legislature or other competent authority continue to exercise, their respective functions.


S.86 Effect of provisions of the Act inconsistent with other laws

The provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law.


S.87 Power to remove difficulties

(1) If any difficulty arises in giving effect to the provisions of this Act, the President may, by order, do anything not inconsistent with such provisions with appears to him to be necessary or expedient for the purpose of removing the difficulty.

(2) every order made under this section shall be laid before each House of Parliament.


S.88 Power to make rules

(1) The Central Government may, by notification in the Gazette, make rules to give effect to the provisions of this Act.

(2) Every rule made under this section shall be laid, as soon as may be after it is made, before each house of Parliament white it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions and if, before the expiry of the session in which it is so laid or the session immediately following both Houses agree in making any modification in the rule of both Houses agree that the rule should not be made, the rules shall thereafter have effect only in such modified from or be no effect, as the case may be; so, however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.


S.Schedule I THE FIRST SCHEDULE

[See section 14(2) and 20 (5)]

Amendments to the Delimitation of Parliamentary and Assembly Constituency Order, 1966

In Schedule II to the Delimitation of Parliamentary and Assembly Constituencies Order, 1966,-

  • 1) in Part A.-PARLIAMENTARY CONSTITUENCIES,-
    • (a) FOR SERIAL No. 1 and the entries relating thereto, the following shall be substituted, namely:- "Cachar-(II) Silchar, (12) Sonai, (13) Dholai, (14) Lakhipur, (15) Udharbond, (16) Borkhola".
    • (b) For serial No. 3 and the entries relating thereto, the following shall be substituted, namely:- "3. Diphu (S.T.).-(18) Halflong, (19) Bokajan, (20) Howraghat, (21) Baithalangso".
    • (c) for serial No. 4 and the entries relating thereto, the following shall be substituted "4. Dhubri.-(31) Mankachar, (32) South Salmara (33) Dhubri, (34) Gauripur, (35) Golakanj, (36) Bilaspara";
  • (2) in Part B.-ASSEMBLY CONSTITUENCIES, serial Nos. 1, 2, 3 and 22 to 30 (both

S.Schedule II THE SECOND SCHEDULE

[See section 25 (1)]

Amendment to the Constitution (Scheduled Castes) Order, 1950

In the Constitution (Scheduled Castes) Order, 1950.-

  • (1) in paragraph 2, for the figures "XIV", the figures "XVII" shall be substituted;
  • (2) in paragraph 4,-
    • (a) for the words and figures "and any reference in Part XIV", the words and figures "any reference in Part XIV" shall be substituted;
    • (b) the following shall be added at the end, namely:- "and any reference in Parts XV, XVI and XVII to a State shall be construed as a reference to the State constituted as from the day appointed under clause (b) of section 2 of the North-Eastern Areas (Re-organisation) Act, 1971";
  • (3) in the Schedule, after Part XIV, the following Parts shall be inserted, namely:-
    • "Part XV-Manipur Throughout the State:- 1. Dhupi of Dhobi 2. Lois 3. Muchi or Ravidas 4. Namasudra 5. Patni 6. Sutradhar 7. Yaihibi
    • Part

S.Schedule III THE THIRD SCHEDULE

[See section 25 (2)]

AMENDMENT TO THE CONSTITUTION (SCHEDULED CASTES) (UNION TERRITORIES) ORDER, 1951

In the Constitution (Scheduled castes) (Union Territories) Order 1951,-

  • (1) for paragraph 4, the following paragraph shall be substituted namely:- "4. Any reference in this Order to a Union territory in Part I of the Schedule shall be construed as a reference to the territory constituted as a Union territory as from the 1st day of November, 1956, any reference to a Union territory in Part II of the Schedule shall be construed as a reference to the territory constituted as Union territory as from the 1st day of November, 1966, and any reference to a Union territory in Parts III and IV of the Schedule shall be construed as a reference to the territory constituted as a Union territory as from the day appointed under clause (b) of section 2 of the North-Eastern Areas (Re-organisation) Act, 1971."
  • (2) in the Schedule,-
    • (a) Parts I

S.Schedule IV THE FOURTH SCHEDULE

[See section 26 (1)]

AMENDMENT TO THE CONSTITUTION (SCHEDULED CASTES) ORDER, 1950

In the Constitution (Scheduled castes) Order 1950,-

  • (1) in paragraph 2, for the figures "XIII", the figures "XVI" shall be substituted;
  • (2) in paragraph 3,-
    • (a) for the words and figures "and any reference in Part XIII" the words and figures "any reference in Part XIII" shall be substituted;
    • (b) the following shall be added at the end, namely- "and any reference in Parts XIV to XVI to a state shall be construed as a reference to the State constituted as from the day appointed under clause (b) of section 2 of the North Eastern Areas (Re-organisation) Act, 1971.
  • (3) in the Schedule.-
    • (a) in Part II-Assam, paragraph 3, for the words "excluding the Tribal areas", the words "excluding the autonomous districts" shall be substituted;
    • (b) after Part XIII, the following Parts shall be inserted,

S.Schedule V THE FIFTH SCHEDULE

[See section 26 (2)]

AMENDMENTS TO THE CONSTITUTION (SCHEDULED TRIBES) (UNION TERRITORIES) ORDER, 1951

In the Constitution (Scheduled Tribes) (Union Territories) Order, 1951,-

  • 1) in paragraph 2, for the words and figures "Parts I to IV", the words and figures "Parts I to III" shall be substituted.
  • 2) for paragraph 3, the following paragraph shall be substituted, namely:- "3. Any reference in this Order to a Union territory in Part I of the Schedule shall be construed as a reference to that territory constituted as a Union territory as from the 1st day to November, 1956 and any reference to a Union territory in Part II and III of the Schedule shall be construed as a reference to the territory constituted as a Union territory as from the day appointed under clause (b) of section 2 of the North-Eastern Areas (Re-organisation) Act, 1971".
  • 3) in the Schedule,-
    • (a) Parts II and III shall be omitted;
    • (b) Part IV sh

S.Schedule VI THE SIXTH SCHEDULE

[See section 51 (3)]

Apportionment of Assets and Liabilities

Section 1 - Definitions

In this Schedule:-

  • (a) "population ratio, in relation to the States of Assam and Meghalaya, means the ration of 93, 58 to 6.42; and
  • (b) "transferred territories" means the territories which, as from the appointed day, become the territories of the State of Meghalaya under section 5.

Section 2 - Provisions of the Schedule to be applied to the appointment of certain assets and liabilities

Where any asset or liability is required to be apportioned to the autonomous State of Meghalaya by virtue of section 58 of the Assam Re-organisation (Meghalaya) Act, 1969 (55 of 1969) but has not been so apportioned before the appointed day, the provisions of this Schedule shall be applied after apportionment under the said section has been effected.

Section 3 - Apportionment of land, stores, etc

(a) Subject to the other provisions contain

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