NORTH-EASTERN
AREAS (RE-ORGANISATION) ACT, 1971 THE 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. Be it enacted by Parliament
in the Twenty-second Year of the Republic of India as follows:- (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 basis of the latest census figures having
regard to the provisions of the constitution and to the following provisions:- (a)
all constituencies shall, so far as practicable be geographically
compact areas and in delimiting them, regard shall be had to physical features
existing boundaries of administrative unit; facilities of communication and
public convenience. (b)
every assembly constituency shall be so delimited as to fall only
within one parliamentary constituency; (c)
constituencies in which seats are reserved for the scheduled
Castes shall be distributed in different parts of the States and located, as
far as practicable, in those areas where the proportion of their population to
the total population is comparatively large; and (d)
constituencies in which seats are reserved for the Scheduled
Tribes shall as far as practible, be located in those areas where the
proportion of their population to the total population is the largest. Explanation.-In this
section "latest census figures" means the census figures with respect
to the State concerned ascertainable from the latest census of which the
finally published figures are available. (3)
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 section 15, and such six
persons, being members of the Legislative Assembly of the Union territory of
Tripura as it functioned immediately before the 1st November, 1971, as the
President may, by order, nominate; (c)
in respect of the State of Meghalaya, the member of the House of
the People representing the Autonomous Districts parliamentary constituency or,
as the case may be the Meghalaya parliamentary constituency under section 17,
and such of the six members of the Legislative Assembly of the Autonomous State
of Meghalaya constituted under Section 62 of the Assam Re-organisation
(Meghalaya) Act, 1969 (55 of 1969) or as the case may be, of the Provisional
Legislative Assembly of the State of Meghalaya referred to in section 27, as
the President may, by order, nominate; Provided that more of the
associate members shall have a right to vote or to sign any decision of the
Election Commission. (4)
If owing to death or resignation, the office of an associate
member fails vacant, it shall be filled, if practicable, in accordance with the
provisions of sub-section (2). (5)
A member of any Legislative Assembly nominated under clause (b) or
clause (c) of sub-section (2) shall continue to be an associate member
notwithstanding that the ceases to be a member of such Legislative Assembly,
otherwise that consequent on the incurring of any disqualification. (6)
The Election Commission shall- (a)
publish its proposals of delimitation of constituencies, together
with dissenting proposals, if any, of any associate member who desires
publication thereof, in the Official Gazette and in such other manner as the
Commission may consider fit, together with a notice inviting objections and
suggestions in relation to the proposals and specifying a date on or after
which the proposals will be further consider by it; (b)
consider all objections and suggestions which may have been
received but it before the date so specified; (c)
after considering all objections and suggestions which may have
been received by it before the date so specified determine by one or more
orders the delimitation of constituencies and cause such order or orders to be
published in the Official Gazette; and upon such publication, the order or
orders shall have the full force of law and shall not be called in question in
any court. (7)
As soon as may be after such publication, every such order shall
be laid before the Legislative Assembly of the concerned State. (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. 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. (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. (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. (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 clause (b) of section 5. (2)
The term of office of the members of the Provisional Legislative
Assembly of the State of Meghalaya shall, unless the said Legislative is sooner
dissolved, expire immediately before the first meeting of the Legislative
Assembly of the State of Meghalaya. (3)
The person who, immediately before the appointed day, are the
Speaker and Deputy Speaker of the Provisional Legislative Assembly of the
autonomous State of Meghalaya shall be the Speaker and the Deputy Speaker
respectively of the Provisional Legislative Assembly of the State of Meghalaya. (4)
The Rules of Procedure and Conduct of Business of the Provisional
Legislative Assembly of the autonomous State of Meghalaya, as in force
immediately before the appointed day, shall, until rules are made under clause
(1) of article 208, be the Rules of Procedure and Conduct of Business of the
Provisional Legislative Assembly of the State of Meghalaya and of the
Legislative State of Meghalaya duly constituted under the provisions of the
Constitution subject to such adaptations as may be made therein by the Speaker
of the Legislative Assembly concerned. (5)
The Rules of Procedure and Conduct of Business of the Legislative
Assembly of the Union territory of Manipur, as in force immediately before its
dissolution by order of the President published in the Gazette of India, dated
the 16th October 1969 with notification No. S.O.4223, dated the 16th October
1969 of the Government of India in the Ministry of Home Affairs, shall until
rules are made under clause of article 208, be the Rules of Procedure and
Conduct of Business of the Legislative Assembly of the State of Manipur subject
to such modifications and adaptations as may be made therein by the Governor of
that State. (6)
The Rules of Procedure and Conduct of Business of the Legislative
Assembly of the Union territory of Tripura as in force immediately before the
1st November, 1971, shall, until rules are made under clause (1) of article
208, be the Rules of Procedure and Conduct of Business of the Legislative
Assembly of the State of Tripura, subject to such modifications and adaptations
as may be made therein by the Governor of that State. (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. 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. (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. (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 Tripura as Chief
Justice may, with the approval of the Governor of the State concerned, appoint. On and from the appointed
day, the jurisdiction of the common High Court shall extent to the Union
territories of Mizoram and Arunachal Pradesh. 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. (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 Advocate Act), in section 3,- (a)
in sub-section (1);- (i)
for clause (b), the following clause shall be substituted namely:- "(b) for the States of
Assam, Manipur, Meghalaya, Nagaland and Tripura and the Union territories of
Mizoram and Arunachal Pradesh, to be known as the Bar Council of Assam,
Nagaland, Meghalaya, Manipur and Tripura". (ii)
in clause (e) for the word; "Union territories of Tripura and
the Andaman and Nicobar Island" the words "Union territory of the
Andaman and Nicobar Islands" shall substituted; (b)
in sub-section (2), in clause (b), for the words "Bar Council
of Assam", the words "Bar Council of Assam, Nagaland. Meghalaya,
Manipur and Tripura" shall be substituted. (4)
The provisions of section f17 of the Advocates Act shall have
effect in respect of the roll of the bar Council of Assam, Nagaland, Meghalaya,
Manipur and Tripura subject to the modifications that,- (a)
for clause (a) of sub-section (1) of the said section 17, the
following clause shall be substituted, namely:- "(a) all persons who
were entered as advocates,- (i)
on the roll of Bar Council of Assam and Nagaland immediately
before the day appointed under clause (b) of section 2 of the North-Eastern
(re-organisation) Act, 1971. (ii)
On the roll of the Bar Council of West Bengal immediately before
that day and who, within three months from that day, express in such manner as
the Bar Council of India may, by rules, prescribe their intension in writing to
practice within the jurisdiction of the Bar Council of Assam, Nagaland or, as
the case may be, the Bar Council of West Bengal" shall be substituted. (b)
in clause (a) of sub-section (3) of the said section f17, for the
words and figures "with his date of enrolment under the Indian Bar
Councils Act, 1926", (38 of 1926) the words "with his seniority on
the roll of the bar Council of Assam and Nagaland or, as the case may be, the Bar
Council of West Bengal" shall be substituted. (5)
Notwithstanding anything contained in the Advocates Act, as
amended or modified by sub-sections (3) and (4),- (a)
in the case of the first Bar Council of Assam, Nagaland,
Meghalaya, Manipur and Tripura under that Act, the fifteen members required to
be elected under clause (b) of sub-section (2) of section 3 of that Act, shall
be nominated by the Chief Justice of the Common High Court from amongst the
advocates who are entitled as of right to practice in that High Court and ordinarily
practicing within the territories comprised in the States of Assam, Manipur,
Meghalaya, Nagaland and Tripura and the Union territories of Assam, Manipur,
Meghalaya, Nagaland and Tripura and the Union territories of Mizoram and
Arunachal Pradesh and the term of office of the members so nominated shall be
one year from the date of the first meeting of the Council or until their
successors are duly elected in accordance with the provisions of the said Act,
whichever is earlier: (b)
the names of persons entered on the roll of the Bar Council of
Assam, Nagaland, Meghalaya, Manipur and Tripura from the roll of the bar
Council of West Bengal in accordance with the provisions of clause (a) of
sub-section (1) of section 17 of the Advocates Act, as modified by sub-section
(4), shall as from the date or dates on which the names are so entered, stand
removed from the roll of the Bar council of West Bengal; (c)
any proceedings which were pending or which may be instituted
against any person before or by the Bar Council of Assam and Nagaland or by Bar
Council of West Bengal immediately before his name is entered in the roll of
the Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura in
accordance with provision of clause (a) of sub-section (1) of section 17 of the
Advocates Act, as modified by sub-section (4), may after such entry, be
continued or instituted before or by the Bar Council of Assam, Nagaland,
Meghalaya, Manipur and Tripura. (d)
every person who, immediately before his name stands removed from
the roll of the Bar Council of West Bengal in accordance with the provisions of
clause (b), is a member of the Bar Council of West Bengal, shall cease to be a
member of that Council as from the date on which his name stands so removed
from the roll of that Bar Council; (e)
the rule made or deemed to have been made by the Bar Council of
Assam and Nagaland and in force immediately before the date on which the first
Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura is duly
constituted in accordance with the provisions of clause (a), shall, subject to
such modifications and adaptations as may be made therein by the Chairman of
the Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura, be deemed
to be rules made by that Bar Council and shall have effect accordingly. (6)
(a) As from appointed day, the assets and liabilities of the Bar
Council of Assam and Nagaland shall pass to the Bar Council of Assam, Nagaland,
Meghalaya, Manipur and Tripura. (b) The assets and
liabilities of the Bar Council of West Bengal shall be apportioned between that
Bar Council and the Bar Council of Assam Nagaland, Meghalaya, Manipur and
Tripura in such manner and proportion as may be agreed upon by the Bar Councils
and in default of agreement with reference to any matter, the matter shall be
referred to the Chairman of the Bar Council of India and his decision thereon
shall be final. Explanation:-Expressions
used in this section but not defined in this Act shall have the meanings
assigned to them respectively in the Advocates Act. 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. 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. 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. 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. 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. (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. 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. 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. 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. (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 the functions as Governor in
relation to the autonomous State of Meghalaya by virtue of the Assam
Re-organisation (Meghalaya) Act, 1969 (55 of 1969) may at any time, before the
appointed day, authorise by order such expenditure from the Consolidated Fund
of the State of Meghalaya 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 Meghalaya: Provided that the Governor
of Meghalaya may, after the appointed day, authorise such further expenditure
as he deems necessary from the Consolidated Fund of the State of Meghalaya for
any period not extending beyond the said period of six months. (4)
The Governors referred to in sub-section (3) shall make separate
orders under that sub-section in respect of periods falling in different
financial years. (5)
The President may, at any time, before or after the appointed day
authorise by order such expenditure from the Consolidated Fund of India as he
deems necessary for a period of not more than six months beginning with the
appointed day for the administration of the affairs of the affairs of the Union
territory of Mizoram pending the section of such expenditure by Parliament. (6)
The President shall make separate orders under sub-section (5) in
respect of periods falling in different financial years. 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. (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-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. (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. 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. 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. (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 Tripura: or (b)
the rights, liabilities and obligations of the Administrator of
the Union territory of Manipur or of Tripura in his capacity as such or of the
Government of the Union territory of Manipur or of Tripura, shall, on and from
the appointed day, be the rights, liabilities and obligations of the Government
of the State of Manipur or of Tripura, as the case may be. (3)
The right to recover arrears of- (a)
any tax or duty being a tax or duty enumerated in the State List
in the Seventh Schedule to the Constitution, or (b)
any duty referred to in article 262, or (c)
any tax under the Central Sales Tax Act, 1956, (74 of 1956). Which have fallen due in
Union territory of Manipur or of Tripura immediately before the appointed day
shall, on and from that day pass to the State of Manipur or of Tripura, as the
case may be. (4)
The provision of this section shall not apply to or in relation
to.- (a)
any institution, undertaking or profect the expenditure in
relation to which is, immediately before the appointed day, met from and out of
the consolidated Fund of India: (b)
any property which has been placed by the Union at the disposal of
the administration of the Union territory of Manipur or of Tripura subject to
the condition that the ownership thereof will continue to vest in the Urban. Explanation:-For the
purposes of this section.- (a)
"liability" includes liability in respect of any civil
deposit, local fund deposit, charitable or other endowment, provident fund
account, pension or actionable wrong; (b)
"Union purposes" mean the purposes of Government
relatable to any of the matters mentioned in the Union List in the Seventh
Schedule to the Constitution. (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 from that day, pass to the State of
Meghalaya. (3)
Subject to the provisions of sub-sections (1) and (2) of this
section and section 52, all rights, liabilities and obligation whether arising
out of any contract or otherwise, which are, immediately before the appointed
day, the rights, liabilities and obligations of the existing State of Assam and
all property and assets held by the existing State of Assam immediately before
the appointed day shall be apportioned between the State of Assam and the State
of Meghalaya in accordance with the provisions contained in the sixth schedule. (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 immediately before the appointed day as the total expenditure on all
capital works and other capital outlays incurred or deemed to have been
incurred up to that day by the existing State of Assam and in the Mizo District
bears to the total expenditure on all capital works and other capital outlays
incurred or deemed to have been incurred by the existing State of Assam up to
the appointed day: Provided that for the
purposes of this sub-section the total public debt of the existing State of
Assam shall exclude the public debt apportioned or apportionable to the
autonomous State of Meghalaya under section 58 of the Assam Re-organisation
(Meghalaya) Act, 1969, (55 of 1969) and the total expenditure on all capital
works and other capital outlays incurred or deemed to have been incurred by the
existing State of Assam shall exclude such outlays incurred or deemed to have
been incurred for the purposes of the autonomous State under the said section. (5) Nothing
in this section shall apply to any amount which may be payable by the Union to
the existing State of Assam in respect of the expenditure incurred by the State
in connection with internal disturbances in the Mizo District. (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 Board or the Corporation referred to in sub-section (1) shall
cease to function as form, and shall be deemed to be dissolved on, the expiry
of a period of two years from the appointed day or such earlier date as the
Central Government may, by order, appoint; and upon such dissolution, its
assets, rights and liabilities shall be apportioned between the successor
States in such manner as may be agreed upon among them within one year of the
dissolution of the Board or the dissolution of the Board or the Corporation
referred to in subsection (1),- (a)
provisions may be made by order of the Central Government enabling
the new Board of the new Corporation to take over from the existing Board of
Corporation all or any of its undertakings, assets, rights and liabilities in
that State, and (b)
upon the dissolution of the existing Board or Corporation,- (i)
any assets, rights and liabilities which would otherwise have
passed to that State by or under the provisions of sub-section (3) shall pass
to the new Board or the Corporation instead of to that State; (ii)
any employees who would otherwise have been transferred to or
re-employed by that State under sub-section (3), read with clause (i) of
sub-section (5), shall be transferred to or re-employed by the new board of the
Corporation instead of to or by that State. (4)
An agreement entered into between the successor States under
sub-section (3) and an order made by the Central Government under that
sub-section or under-clause (a) of subsection (4) may provide for the transfer
or re-employment of any employees of the Board or the Corporation referred to
in sub-section (1),- (i)
to or by the successor States, in the case of an agreement under
sub-section (3) or an order made under that sub-section; (ii)
to or by the new Board or the new Corporation constituted under
sub-section (4), in the case of an order made under clause (a) of that
sub-section. and subject to the
provisions of section 58, also for the terms and conditions of service
applicable to such employees after such transfer or re-employment. 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. (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 scheme for the re-constitution or reorganisation or
dissolution, as the case may be of the Corporation including proposals
regarding the formation of new Corporations and the transfer thereto of the
assets, rights and liabilities of the existing Corporation, and if such a
scheme is approved at a general meeting by a resolution passed by a majority of
the shareholders present and voting, the scheme shall be submitted to the
Central Government for its sanction. (4)
If the scheme is sanctioned by the Central Government either
without modifications or with modifications which are approval at a general
meeting the Central Government shall certify the scheme, and upon such
certification the scheme shall, notwithstanding anything to the contrary
contained in any law for the time being in force, be binding on the Corporation
affected by the scheme as well as the shareholder and creditors thereof. (5)
If the scheme is not so approved or sanctioned the Central
Government may refer the scheme to such Judge of the common High Court as may
be nominated in this behalf by the Chief Justice thereof, and the decision of
the Judge in regard to the scheme shall be final and shall be binding on the
Corporations affected by the scheme as well as the shareholders and creditors
thereof. (6)
Nothing in the proceeding provisions of this section shall be
constructed as preventing the Government of the State of Meghalaya from
constructing, at any time after the appointed day and with the approval of the
Central Government, a State Financial Corporation for that State under the
State Financial Corporations Act, 1951, (63 of 1951). (1)
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 direction. (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 vehicle for its operations in any of
the successor States under any such permit, if such vehicle was immediately
before that day exempt from the payment of any such tolls, entrance fees or
other charges for its operations within the existing State of Assam. Provided that the Central
Government may after consultation with the State Government or Governments
concerned, authorise the levy of any such tolls, entrance fees or other
charges, as the case may be. 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 That- (a)
the terms and conditions of service applicable to the workman
after such transfer or re-employment are not less favourable to the work man
than those applicable to him immediately before the transfer or re-employment;
and (b)
the employer in relation to the body corporate, the co-operative
society or the undertaking where the workman transferred or re-employed is, by
agreement or otherwise, legally liable to pay to the workman, in the event of
his retrenchment, compensation under section 25F 25FF or 25FFF of the
Industrial Disputes Act, 1947 (14 of 1947), on the basis that his service has
been continuous and has not been interrupted by the transfer or re-employment. 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. (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 the appointed day, by notification in the Official
Gazette, specify in the Seventh Schedule any other institution existing on the
appointed day in the said States and Union territory and on the issue of such notification,
the said Schedule shall be deemed to be amended by the inclusion of the said
institution therein. (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)
The initial strength and composition of each of the joint cadre
referred to in subsection (2) and (3) shall be such as the Central Government
may, by order determine before the appointed day. (5)
The members of each of the said Services borne on the Assam cadre
thereof immediately before the appointed day shall be allocated to the joint
cadre of the same Service constituted under sub-section (2) and to the Union
Territories cadre of that Service in such manner and with effect from such date
or dates as the Central Government may, by order, specify. (6)
Such members of each of said Services borne on the Union
Territories cadre thereof immediately before the appointed day, as the Central
Government may by order, specify, shall be allocated to the joint cadre of the
same Service constituted under sub-section (3) with effect from such date or
dates as may be specified in the order. (7)
Every person who, being a member of State Civil Service of the
existing State of Assam is borne on a Select List for promotion to the Assam
cadre of an All-India Service immediately before the appointed day shall,
unless he is deemed to have been allocated to the Union under section 64, be
deemed to have been included in the same order as in that List in the Select
List for promotion to the joint cadre of the same Service constituted under
subsection (2). (8)
Every person who, being a person deemed to have been allocated
under section 62 for service in connection with the affairs of the State of
Manipur or the State of Tripura, is borne on a Select List for promotion to the
Union Territories cadre of an All-India Service immediately before the
appointed day, shall be deemed to have been included in the same order as in
that List, in the Select List for promotion to the joint cadre of the same
Service constituted under sub-section (3). (9)
Every person who, being a person deemed to have been allocated to
the Union under section 64, is borne on a Select List for promotion to the
Assam cadre of an All-India Service immediately before the appointed day, shall
be deemed to have been included in the Select List for promotion to the Union
Territories cadre of the same Service and his position in the said Select List
shall be determined by the Central Government in consultation with the Union
Public Service Commission. (10)
Nothing in this section shall be deemed to effect the operation
after the appointed day of the All-India Services Act, 1951 (61 of 1951), or
the rules or regulations made thereunder. 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.
Preamble - NORTH-EASTERN AREAS (RE-ORGANISATION) ACT, 1971PREAMBLE