STATE OF ARUNACHAL
PRADESH ACT, 1986 THE STATE OF ARUNACHAL PRADESH ACT,
1986 [Act, No. 69 of 1986] [24th December, 1986] An Act to provide for the establishment of the
State of Arunachal Pradesh and for matters connected therewith. BE it enacted by Parliament in the Thirty-seventh
Year of the Republic of India as follows : This Act may be called the State of Arunachal
Pradesh Act, 1986. In this Act, unless the context otherwise
requires,-- (a) "Administrator" means the Administrator
appointed by the President under article 239
Preamble 1 - STATE OF ARUNACHAL PRADESH
ACT, 1986PREAMBLE
(b) "appointed day" means the day which the Central
Government may, by notification[1]in
the Official Gazette, appoint;
(c) "article" means an article of the
Constitution;
(d) "Election Commission" means the Election
Commission appointed by the President under article 324;
(e) "existing Union territory of Arunachal
Pradesh" means the Union territory of Arunachal Pradesh as existing
immediately before the appointed day;
(f) "law" includes any enactment, ordinance,
regulation, order, bye-law, rule scheme, notification or other instrument
having, immediately before the appointed day, the force of law in the whole or
any part of the existing Union territory of Arunachal Pradesh;
(g) "sitting member," in relation to either
House of Parliament or of the Legislative Assembly of the existing Union
territory of Arunachal Pradesh, means a person who, immediately before the
appointed, day, is a member of that House or that Assembly;
(h) "Treasury" includes a sub-treasury.
Section 3 - Establishment of the State of Arunachal Pradesh
On and from the appointed day, there shall be
established a new State, to be known as the State of Arunachal Pradesh
comprising the territories which immediately before that day were comprised in
the existing Union territory of Arunachal Pradesh.
Section 4 - Amendment of First Schedule to the Constitution
On and from the appointed day, in the
First Schedule to the Constitution,?
(a) under the heading, "I. THE STATES," after
entry 23, the following entry shall be inserted, namely :?
"24. Arunachal Pradesh. The
territories specified in section
7 of the North-Eastern Areas (Reorganisation)
Act, 1971.";
(b) under the heading "II. THE UNION TERRITORIES,"
entry 8 relating to Arunachal Pradesh shall be omitted.
Section 5 - Amendment of Fourth Schedule to the Constitution
On and from the appointed day, in the
Fourth Schedule to the Constitution, in the table,?
(a)
entries
24 and 25 shall be renumbered sis entries 25 and 26 respectively, and before
entry 25 as so renumbered, the following entry shall be inserted, namely
:?"24. Arunachal Pradesh.....1;"
(b)
entry
26 shall be omitted.
Section 6 - Allocation of sitting member
(1)
On
and from the appointed day, the sitting member of the Council of States
representing the existing Union territory of Arunachal Pradesh shall be deemed
to have been duly elected under clause (4) of article
80to fill the seat allotted to the State of Arunachal
Pradesh in that Council.
(2)
The
term of office of such sitting member shall remain unaltered.
Section 7 - Amendment of section 27-A of Act 43 of 1950
On and from the appointed day, in section
27-A of the Representation of the People Act,
1950, in sub-section (4), for the words "The electoral college for each of
the Union territories of Arunachal Pradesh and Pondicherry," the words
"The electoral college for the Union territory of Pondicherry" shall
be substituted.
Section 8 - Allocation of seats in the existing House of the People
(1)
On
and from the appointed day the allocation of seats to the State of Arunachal
Pradesh in the House of the People shall be two; and the First Schedule to the
Representation of the People Act, 1950, shall be deemed to be amended
accordingly.
(2)
On
and from the appointed day the two parliamentary constituencies of the existing
Union territory of Arunachal Pradesh shall be deemed to be the parliamentary
constituencies of the State of Arunachal Pradesh and the Delimitation of
Parliamentary and Assembly Constituencies Order, 1976, shall be construed
accordingly.
Section 9 - Provision as to sitting members
The sitting members of the House of the
People representing the constituencies which, on the appointed day, by virtue
of the provisions of section 8 become the constituencies of the State of
Arunachal Pradesh shall be deemed to have been elected under sub-clause (a) of
clause (1) of article
81 to the House of the People by those
constituencies.
Section 10 - Provision as to Legislative Assembly
[2] [10. Provision as to
Legislative Assembly
The total number of seats in the
Legislative Assembly of the State of Arunachal Pradesh to be filled by persons
chosen by direct election from assembly constituencies shall be sixty, out of
which fifty-nine seats shall be reserved for the Scheduled Tribes; and the
provisions of the Representation of the People Act, 1950, shall be deemed to be
amended accordingly.]
Section 11 - Provisional Legislative Assembly
(1)
Notwithstanding
anything contained in this Act (including provisions relating to the strength
of the Legislative Assembly of the State of Arunachal Pradesh), on and from the
appointed day and until the Legislative Assembly of that State has been duly
constituted and summoned to meet for the first session, there shall be a
provisional Legislative Assembly[3] [which shall consist
of-
(a)
members
elected by the territorial constituencies of; and
(b)
members
nominated to the Legislative Assembly of the existing Union territory of
Arunachal Pradesh.]
(2)
The
period of five years referred to in clause (1) of article
172 shall in the case of the provisional
Legislative Assembly referred to in sub-section (i), be deemed to have
commenced on the day on which the duration of the existing Legislative Assembly
of the Union territory of Arunachal Pradesh commenced under section
5 of the Government of Union Territories Act,
1963.
[4] [(3) For so long as
the provisional Legislative Assembly constituted under this section is in
existence,-
a.
it
shall be deemed to be the Legislative Assembly of the State of Arunachal
Pradesh duly constituted under the Constitution and shall be competent to
discharge all the functions of a Legislative Assembly of a State under the
Constitution; and
b.
the
members thereof, referred to in clause (a) of sub-section (1), shall be deemed
to be the members of the Legislative Assembly of the State of Arunachal Pradesh
duly elected under the Constitution.]
Section 12 - Speaker and Deputy Speaker
The persons who immediately before the
appointed day are the Speaker and the Deputy Speaker of the Legislative
Assembly of the Union territory of Arunachal Pradesh, shall be the Speaker and
the Deputy Speaker, respectively, of the provisional Legislative Assembly of
the State of Arunachal Pradesh on and from that day.
Section 13 - Rules of procedure
The rules of procedure and conduct of
business of the Legislative Assembly of the existing Union territory of
Arunachal Pradesh 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 Arunachal Pradesh
subject to such modifications and adaptations as may be made therein by the
Speaker thereof.
Section 14 - Delimitation of constituencies
(1)
The
Election Commission shall, in the manner herein provided, distribute, whether
before or after the appointed day, the seats assigned to the Legislative
Assembly of the State of Arunachal Pradesh under section 10 to single member
territorial constituencies and delimit them having regard to the provisions of
the Constitution and to the following provisions, namely:?
(a)
all
constituencies shall, as far as practicable, be geographically compact areas,
and in delimiting them regard shall be had to physical features, existing
boundaries of administrative units, facilities of communication and public
convenience; and
(b)
constituencies
in which seats are reserved for the Scheduled Tribes shall, as far as
practicable, be located in areas where the proportion of their population to
the population is the largest.
(2)
For
the purpose of assisting it in the performance of its functions under
sub-section (1), the Election Commission shall associate with itself as
associate members,?
(a)
the
sitting members of the House of the People referred to in section 9; and
(b)
such
six of the members of the Legislative Assembly of the existing Union territory
of Arunachal Pradesh or, as the case may be, the provisional Legislative
Assembly referred to in section 11 as the Speaker thereof may nominate :
Provided that none of the associate
members shall have a right to vote or to sign any decision of the Election
Commission.
(3)
If,
owing to death or resignation, the office of an associate member falls vacant,
it shall be filled, if practicable in accordance with the provisions of
sub-section (2).
(4)
The
Election Commission shall?
(a)
publish
its proposals for the delimitation of constituencies together with the 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 considered by it;
(b)
consider
all objections and suggestions which may have been received by 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.
(5)
As
soon as may be after such publication, every such order relating to assembly
constituencies shall be laid before the Legislative Assembly of the existing
Union territory of Arunachal Pradesh or, as the case may be, the provisional
Legislative Assembly referred to in section 11.
Section 15 - 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 14 or any error arising
therein from inadvertent slip or omission;
(b)
where
the boundaries or name of any territorial division mentioned in any such order
are or is altered, make such amendments as appear to it to be necessary or
expedient for bringing such order up-to-date.
(2)
Every
notification under this section relating to an assembly constituency shall be
laid, as soon as may be after it is issued, before the Legislative Assembly of
the existing Union territory of Arunachal Pradesh, the provisional Legislative
Assembly referred to in section 11 or the Legislative Assembly of the State of
Arunachal Pradesh, as the case may be.
Section 16 - Amendment of Scheduled Castes Orders
(1)
On
and from the appointed day, the Constitution (Scheduled Castes) Order, 1950,
shall stand amended as directed in the First Schedule.
(2)
On
and from the appointed day, the Constitution (Scheduled Castes) (Union
Territories) Order, 1951, shall stand amended as directed in the Second
Schedule.
Section 17 - Amendment of Scheduled Tribes Orders
(1)
On
and from the appointed day, the Constitution (Scheduled Tribes) Order, 1950,
shall stand amended as directed in the Third Schedule.
(2)
On
and from the appointed day, the Constitution (Scheduled Tribes) (Union
Territories) Order, 1951, shall stand amended as directed in the Fourth
Schedule.
Section 18 - Common High Court for Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram and Arunachal Pradesh
(1)
On
and from the appointed day,?
(a)
there
shall be a common High Court for the States of Assam, Nagaland, Meghalaya,
Manipur, Tripura, Mizoram and Arunachal Pradesh to be called the Gauhati High
Court (the High Court of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram
and Arunachal Pradesh) (hereinafter referred to as the common High Court);
(b)
the
Judges of the High Court of Assam, Nagaland, Meghalaya, Manipur, Tripura and
Mizoram holding office immediately before that day shall, unless they have
elected otherwise, become on that day the Judges of the common High Court.
(2)
The
expenditure in respect of the salaries and allowances of the Judges of the
common High Court shall be allocated amongst the States of Arunachal Pradesh,
Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura in such proportion as
the President may, by order, determine.
Section 19 - Provision as to advocates
(1)
On
and from the appointed day,--
(a)
in
the Advocates Act, 1961, in section 3, in sub-section (1),
for clause (b), the following clause shall be substituted, namely :?
"(b) for the States of Arunachal
Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura to be known
as the Bar Council of Assam, Nagaland, Meghalaya, Manipur, Tripura. Mizoram and
Arunachal Pradesh;"
(b)
the
Bar Council of Assam, Nagaland, Meghalaya, Manipur, Tripura and Mizoram shall
be deemed to be the Bar Council of Assam, Nagaland, Meghalaya, Manipur,
Tripura, Mizoram and Arunachal Pradesh.
(2) Any person who, immediately before the appointed
day, is an advocate entitled to practice in the High Court of Assam, Nagaland,
Meghalaya, Manipur, Tripura and Mizoram shall be entitled to practice as an
advocate in the common High Court.
(3) All persons who, immediately before the appointed
day, are advocates on the roll of the Bar Council of Assam, Nagaland,
Meghalaya, Manipur, Tripura and Mizoram shall, as from that day, be?come
advocates on the roll of the Bar Council of Assam, Nagaland, Meghalaya,
Manipur, Tripura, Mizoram and Arunachal Pradesh.
(4)
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, Nagaland, Meghalaya,
Manipur, Tripura and Mizoram :
Provided that as among the
Advocates-General of the States of Arunachal Pradesh, Assam, Manipur.
Meghalaya, Mizoram, Nagaland and Tripura, the right of audience shall be
determined with reference to their dates of enrolment as advocates.
Section 20 - 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, Nagaland, Meghalaya, Manipur, Tripura and
Mizoram shall, with the necessary modifications, apply in relation to the
common High Court.
Section 21 - 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,
Nagaland. Meghalaya. Manipur, Tripura and Mizoram shall, with the necessary
modifications, apply with respect to the cus?tody of the seal of the common
High Court.
Section 22 - Form of writs and other processes
The law in force immediately before the appointed
day with respect to the form of writs and other processes used, issued or
awarded by the High Court of Assam, Nagaland, Meghalaya, Manipur, Tripura and
Mizoram shall, with necessary modifications, ap?ply with respect to the form of
writs and other processes used, issued or awarded by the common High Court.
Section 23 - Powers 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, Nagaland. Meghalaya, Manipur, Tripura and
Mizoram and with respect to all matters, ancillary to the exercise of those
powers shall, with the necessary modifications, apply in relation to the common
High Court.
Section 24 - 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, Nagaland, Meghalaya, Manipur,
Tripura and Mizoram is located immediately before the appointed day.
(2)
The
President may, by notified order, provide 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 proposed 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 States of Assam, Nagaland,
Meghalaya, Manipur, Tripura, Mizoram and Arunachal Pradesh as the Chief Justice
may, with the approval of the Governor of the State concerned, appoint.
Section 25 - 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,Nagaland. Meghalaya, Manipur, Tripura and Mizoram and the Judges and
Division Courts thereof shall, with the necessary modifications, apply in
relation to the common High Court.
Section 26 - Transfer of proceedings from the High Court of Assam, Nagaland, Meghalaya, Manipur, Tripura and Mizoram to the common High Court
(1)
All
proceedings pending in the High Court of Assam, Nagaland, Meghalaya, Manipur,
Tripura and Mizoram 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 by the common
High Court as if such proceeding was entertained by that High Court.
Section 27 - Interpretation
For the purposes of section 26,-
(a)
proceedings
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 costs of the proceedings and shall include appeals, applications for
leave to appeal to the Supreme Court, applications for review, petitions for
revision 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 decree
passed or made by that Court or Judge.
Section 28 - Right to appear or to act in proceedings transferred to common High Court
Any person who, immediately before the
appointed day, is an advocate entitled to practice in the High Court of Assam,
Nagaland, Meghalaya, Manipur, Tripura and Mizoram and was authorised to appear
or to act in any proceedings transferred from the said High Court to the common
High Court under" section 26 shall have the right to appear or to act, as
the case may be, in the common High Court in relation to those proceedings.
Section 28A - Non-applicability of this Part to the States of Meghalaya, Manipur and Tripura
[5] [On and from the
date of commencement of the North-Eastern Areas (Reorganisation) and Other
Related Laws (Amendment) Act, 2012, the provisions of sections 18 to 29 (both
inclusive) shall not apply to the States of Meghalaya, Manipur and Tripura.]
Section 29 - Saving
Nothing in this part shall affect the application
to the common High Court of any provisions of the Constitution, and this Part
shall have effect subject to any provision that may be made on or after the
appointed day with respect to that High Court by any Legislature or other
authority having power to make such provisions.
Section 30 - Authorisation of expenditure pending its sanction by the Legislature
(1) The President may, at any time before the appointed
day, authorise by order such expenditure from the Consolidated Fund of the
State of Arunachal Pradesh 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 Arunachal Pradesh:
Provided that the Governor of Arunachal Pradesh
may, after the appointed day, authorise by order such further expenditure as he
deems necessary from the Consolidated Fund of the State of Arunachal Pradesh
for any period not extending beyond the said period of six months.
(2) The President or, as the case may be, the Governor
of Arunachal Pradesh shall make separate orders under sub-section (1) in
respect of periods falling in different financial years.
Section 31 - Reports relating to the accounts of the existing Union territory of Arunachal Pradesh
(1) The reports of the Comptroller and Auditor-General
of India referred to in section 49 of
the Govern?ment of Union Territories Act, 1963, relating to the accounts of the
existing Union territory of Arunachal Pradesh in respect of any period prior to
the appointed day, shall be submitted to the Governor of Arunachal Pradesh who
shall cause them to be laid before the Legislative Assembly of the State. (2)
The Governor may, by order,--
(a) declare any expenditure incurred out of the
Consolidated Fund of the existing Union territory of Arunachal Pradesh on any
service in respect of any period prior to the appointed day during the
financial year 1986-87 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.
Section 32 - Allowances and privileges of Governor of Arunachal Pradesh
The allowances and privileges of the Governor of Arunachal
Pradesh shall, until the Governors (Emoluments, Allowances and Privileges) Act,
1982, comes into force, be such as the President may, by order, determine.
Section 33 - Distribution of revenues
The President shall, by order, determine the
grants-in-aid of the revenues of the State of Arunachal Pradesh and the share
of that State in the Union duties of excise, estate duty and taxes on income
and for that purpose amend thereby the relevant provisions of the Additional
Duties of Excise (Goods of Special Importance) Act, 1957, the Union Duties of
Excise (Dis?tribution) Act, 1979, the Estate Duty (Distribution) Act, 1962 and
the Constitution (Distribution of Rev?enues) Order, 1985 in such manner as he
thinks fit.
Section 34 - Property, assets, rights, liabilities, obligations, etc.
(1) All such property and assets within the existing
Union territory of Arunachal Pradesh as are held immediately before the
appointed day by the Union for purposes of governance of that Union territory
shall, on and from that day, pass to the State of Arunachal Pradesh unless the
purposes for which such property and assets are so held are Union purposes:
Provided that the cash balances in the treasuries
in the existing Union territory of Arunachal Pradesh before the appointed day shall,
as from that day, vest in the State of Arunachal Pradesh.
(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
existing Union territory of Arunachal Pradesh; or
(b) the rights, liabilities and obligations of the Administrator
of the existing Union territory of Arunachal Pradesh in his capacity as such,
or of the Government of that Union territory,
shall, on and from the appointed day, be the
rights, liabilities and obligations of the Government of the State of Arunachal
Pradesh.
(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 268; or
(c) any tax under the Central Sales Tax Act, 1956,
which have fallen due in the existing Union
territory of Arunachal Pradesh, shall pass to the State of Arunachal Pradesh.
(4) The provisions of this section shall not apply to,
or in relation to,?
(a) any institution, undertaking or project 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 existing Union territory of Arunachal
Pradesh subject to the condition that the ownership thereof will continue to
vest in the Union.
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" means the purposes of Government relatable to any of the matters
mentioned in the Union List.
Section 35 - Provisions relating to All-India Services
Every member of the Indian Administrative Service,
the Indian Police Service and the Indian Forest Service who, immediately before
the appointed day, is holding any post in the existing Union territory of
Arunachal Pradesh shall, until otherwise directed by the Central Government, be
deemed to be on deputation, on and from the appointed day, to the Government of
the State of Arunachal Pradesh on the same terms and conditions of service as
are applicable to him under the relevant cadre rules:
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, "cadre
rules" means the Indian Administrative Service (Cadre) Rules, 1954, the
Indian Police Service (Cadre) Rules, 1954 or the Indian Forest Service (Cadre)
Rules, 1966, as the case may be.
Section 36 - Provisions relating to other services
(1) Every person who immediately before the ap?pointed
day is serving in connection with the affairs of the Union under the
administrative control of the Administrator of the existing Union territory of
Arunachal Pradesh 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 the State of Arunachal Pradesh:
Provided that no directions shall be issued under
this section after the expiry of a period of one year from the appointed day.
(2) The provisions of this section shall not apply in
relation to persons to whom the provisions of section 35 apply.
Section 37 - Other provisions as to services
(1) Nothing in this section or section 36 shall be
deemed to affect on or after the appointed day, the operation of the provisions
of Chapter I of Part XIV of the Constitution in relation to determination of
the conditions of service of persons serving in connection with the affairs of
the State of Arunachal Pradesh:
Provided that the conditions of service applicable
immediately before the appointed day in the case of any person referred to in
section 36 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 deemed to have been allocated under section 36 in connection with the
administration of the existing Union territory of Arunachal Pradesh, shall be
deemed to have been rendered in connection with the affairs of the State of
Arunachal Pradesh for the purposes of the rules regulating his conditions of
service.
Section 38 - Provisions as to continuance of officers in same posts
Every 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 Union territory of Arunachal Pradesh shall
continue to hold the same post or office and shall be deemed, on and from that
day, to have been duly appointed to the post or office by the Government of, or
other appropriate authority in, the State of Arunachal Pradesh on the same
terms and conditions of appointment and on the same tenure as he was holding
the post or office immediately before that day:
Provided that nothing in this section shall be
deemed to prevent a competent authority on or after the appointed day from
passing in relation to such person any order affecting his continuance in such
post or office.
Section 39 - Advisory Committees
The Central Government may, by order, establish one
or more Advisory Committees for the purpose of assisting it in regard to?
(a) the discharge of its functions under this Part; and
(b) the ensuring of fair and equitable treatment to all
persons affected by the provisions of this Part and the proper consideration of
any representations made by such persons.
Section 40 - Prohibition of representation after certain period
Notwithstanding anything to the con?trary contained
in any law or rule for the time being in force, no representation shall lie
against any order passed under the provisions of this part on the expiry of
three months from the date of publication or service, whichever is earlier, of
such order:
Provided that the Central Government may, sue motu
or otherwise and for reasons to be recorded, reopen any matter and pass such
orders thereon as may appear to it to be appropriate if it is satisfied that it
is necessary so to do in order to prevent any miscarriage of justice to any
affected person.
Section 41 - Power of Central Government to give directions
The Central Government may give such directions to
the Government of the State of Arunachal Pradesh as may appear to it to be
necessary for the purpose of giving effect to the foregoing provisions of this
Part and the State Government shall comply with such directions.
Section 42 - Amendment of article 210, article 239-A and article 240 of the Constitution
On and from the appointed day,?
(a) in article 210,
in clause (2), in the second proviso, for the words "Legislature of the
State of Mizoram," the words "Legislatures of the States of Arunachal
Pradesh and Mizoram" shall be substituted;
(b) in article 239A,
in clause (1), for the words, "Pondicherry and Arunachal Pradesh,"
the words "and Pondicherry" shall be substituted;
(c) in article 240,
in clause (1),?
i.
entry
(g) shall be omitted;
ii.
in
the provisos, for the words "Pondicherry or Arunachal Pradesh," the
words "or Pondicherry" shall be substituted.
Section 43 - Amendment of Act 28 of 1958
On
and from the appointed day, in the Armed Forces (Special Powers) Act, 1958, in
the long title and in sub-section (2) of section 1, for the words "Assam,
Manipur, Meghalaya, Mizoram, Nagaland and Tripura and the Union territory of
Arunachal Pradesh," the words "Arunachal Pradesh, Assam, Manipur,
Meghalaya, Mizoram, Nagaland and Tripura" shall be substituted.
Section 44 - Amendment of Act 20 of 1963
On and from the appointed day, in the Government of
Union Territories Act, 1963,?
i.
in
clause (h) of sub-section (1) of section 2, for the words ", Pondicherry
and Arunachal Pradesh," the words "and Pondicherry" shall be
substituted;
ii.
in
section 33, in sub-section (2), the proviso shall be omitted;
iii.
in
section 44, sub-section (2) shall be omitted.
Section 45 - Amendment of Act 84 of 1971
On and from the appointed day. in the North-Eastern
Council Act, 1971,?
(a) in section 2, for clauses (b) and (c), the
following clause shall be substituted, namely :?" (b) "north-eastern
area" means the area comprising the States of Arunachal Pradesh, Assam,
Manipur, Meghalaya, Mizoram, Nagaland and Tripura;"
(b) in section 3, in sub-section (1), for clause (b),
the following clause shall be substituted, namely :? "(b) the Chief
Ministers of the States of Arunachal Pradesh, Assam, Manipur, Meghalaya.
Mizoram, Nagaland and Tripura."
Section 46 - Continuance of existing laws and their adaptations
(1) All laws in force, immediately before the appointed
day, in the existing Union territory of Arunachal Pradesh shall continue to be
in force in the State of Arunachal Pradesh until altered, repealed or amended
by a competent legislature or other competent authority.
(2) For the purpose of facilitating the application in
relation to the State of Arunachal Pradesh of any law made before the appointed
day, the appropriate Government may, within two years from that day, by order,
make such adaptations and modifications of the law, whether by way of repeal or
amend?ment, 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
"appropriate Government" means, as respects any law relating to a
matter enumerated in the Union List in the Seventh Schedule to the
Constitution, the Central Government and as respects and other law, the
Government of the State of Arunachal Pradesh.
Section 47 - Power to construe laws
Notwithstanding that no provision or insufficient
provision has been made under section 46 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 Arunachal Pradesh, construe the law in
such manner not affecting the substance as may be necessary or proper in regard
to the matter before the Court, Tribunal or author?ity, as the case may be.
Section 48 - Provisions as to continuance of Courts, etc.
All Courts and Tribunals and all authorities
discharging lawful functions throughout the existing Union territory of
Arunachal Pradesh or any pan thereof 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.
Section 49 - Effect of provisions of Act inconsistent with other laws
The provisions of this Act shall have effect
notwithstanding anything inconsistent therewith contained in any other law.
Section 50 - 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 which appears to him to be necessary or
expedient for the purpose of removing the difficulty:
Provided that no such order shall be made after the
expiry of three years from the appointed day. (2) Every order made under this
section shall be laid before each House of Parliament.
Section 51 - Power to make rules
(1) The Central Government may, by notification in the
Official 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, while it
is in session, for a total period of thirty days which may be comprised in one
session or in two or more successive sessions, and if, before the expiry of the
session immediately following the session or the successive sessions aforesaid,
both Houses agree in making any modifica?tion in the rule or both Houses agree
that the rule should not be made, the rule shall thereafter have effect only in
such modified form or be of no effect, as the case may be; so, however, that
any such modifica?tion or annulment shall be without prejudice to the validity
of anything previously done under that rule.
Schedule I - FIRST SCHEDULE
THE FIRST SCHEDULE
[Section 16(1)]
AMENDMENTS TO THE CONSTITUTION
(SCHEDULED CASTES) ORDER, 1950
In the Constitution (Scheduled Castes) Order,
1950,?
(1) in paragraph 2, for the figures "XX," the
figures "XX!" shall be substituted;
(2) in the Schedule, after Part XX, the following Part
shall be inserted, namely:?
"PART XXI?Arnuchal Pradesh
1.
Bansbhor
2.
Bhuimali
or Mali
3.
Brittial
Bania or Bania
4.
Dhupi
or Dhobi
5.
Dugla
or Dholi
6.
Hira
7.
Jalkeot
8.
Jhalo,
Malo or Jhalo-Malo
9.
Kaibartta
or Jaliya
10. Lalbegi
11. Mahara
12. Mehtar or Bhangi
13. Muchi or Rishi
14. Namasudra
15. Patni
16. Sutradhar."
Schedule II - SECOND SCHEDULE
THE SECOND SCHEDULE
[Section 16(2)]
AMENDMENTS TO THE CONSTITUTION
(SCHEDULED CASTES) (UNION TERRITORIES) ORDER, 1951
In the Constitution (Scheduled Castes) (Union
Territories) Order, 1951,?
(1) in paragraph 2, tor the words and figures
"Parts I to III," the words and figures "Paris 1 and II"
shall be substituted;
(2) in paragraph 4, for the figures "1956,"
the figures and word "1956 and" shall be substituted and the portion
beginning with the words "and any reference to a Union territory" and
ending with the words, brackets and figures "the North-Eastern Areas
(Reorganisation) Act, 1971" shall be omitted;
(3) in the Schedule, PART III?Arunachal Pradesh shall
be omitted.
Schedule III - THIRD SCHEDULE
THE THIRD SCHEDULE
[Section 17(1)]
AMENDMENTS TO THE CONSTITUTION
(SCHEDULED TRIBES) ORDER, 1950
In the Constitution (Scheduled Tribes) Order,
1950,--
(1) in paragraph 2, for the figures "XVII,"
the figures "XV1I1" shall be substituted;
(2) in the Schedule, after Part XVII, the following
Part shall be inserted, namely :?
"PART XVIII?Arunachal Pradesh
All tribes in the State including :--
1.
Abor
2.
Aka
3.
Apatani
4.
Dafla
5.
Galong
6.
Khampti
7.
Khowa
8.
Mishmi
9.
Momba
10. Any Naga tribes
11. Sherdukpen
12. Singpho."
Schedule IV - FOURTH SCHEDULE
THE FOURTH SCHEDULE
[Section 17(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 and II," the words and figure "Part I" shall be
substituted;
(2) in paragraph 3, the portion beginning with the
words "and any reference," and ending with words, brackets and figures
"the North-Eastern Areas (Reorganisation) Act, 1971" shall be
omitted;
(3) in the Schedule, Part II ?Arunachal Pradesh shall
be omitted.
Statement of Objects and Reasons -
STATE OF ARUNACHAL PRADESH ACT, 1986
STATEMENT OF OBJECTS
AND REASONS
(1) With a view to a satisfying the desires and
aspirations of the people of Arunachal Pradesh, the Government of India have
decided to undertake legislative measures to confer Statehood on the Union
territory Of Arunachal Pradesh. This Bill is intended to give effect to this
decision and will come into force on a date to be notified by the Central
Government. It seeks to establish a new State of Arunachal Pradesh comprising
the territories of the existing Union territory of Arunachal Pradesh and makes
the necessary supplemental, incidental and consequential provisions.
(2) The notes on clauses explain in detail the
provision of the Bill.
[1] Appointed date is 20-2-1987,
[2] Substituted by State of Arunachal
Pradesh (Amdt) Act (52 of 1988), Section 2 (27-9-1988).
[3] Substituted for the words "which
shall consist of members elected by the territorial constituencies of the
Legislative Assembly of the existing Union territory of Arunachal Pradesh"
by State of Arunachal Pradesh (Amdt) Act (19 of 1987), S. 2 (w.r.e.f.
20-2-1987).
[4] Substituted by State of Arunachal
Pradesh (Amdt) Act (19 of 1987), S. 2(b) (w.r.e.f20-2-1987).
[5] Inserted by the North-Eastern Areas
(Reorganisation) and Other Related Laws (Amendment) Act, 2012 (Act No. 26 of
2012) w.e.f. 23.03.2013.