Vol. 13 · pages 311–315

17. Power of Governor to make regulations.—(1) The Governor may make regulations for any scheduled area in the State with respect to the trial of cases relating to offences other than those which are punishable with death, transporta- tion for life or imprisonment for five years or upwards, or for the trial of such classes of suits or cases of small pecuniary value as may be specified in such regulations, and may also by such regulations empower the headmen or panchayats in any such area to try such cases or suits. 5 (2) The Governor may also make regulations so as to pro- hibit the transfer of any land in a scheduled area in the State by a member of the scheduled tribes to any person who is not a member of the scheduled tribes. 10 (3) Any regulations made under this paragraph when pro- mulgated by the Governor shall have the same force and effect as any Act of the appropriate Legislature which applies to such area and has been enacted by virtue of the powers conferred on that Legislature by this Constitution. 15 Part V SCHEDULED AREAS 20 *18. Scheduled areas.—(1) The areas specified in Parts I to VII of the Table below shall be the scheduled areas within the meaning of this Constitution, and any reference in the said Table to any division, district, administrative area, tahsil or estate shall be construed as a reference to that divi- sion, district, area, tahsil or estate as existing on the date of commencement of this Constitution. 25 (2) The President may at any time by Order— (a) direct that the whole or any specified part of a scheduled area shall cease to be a scheduled area or a part of such an area; 30 (b) alter, but only by way of rectification of boundaries, any scheduled area; *The Committee is of opinion that a provision on the lines of section 91(2) of the Government of India Act, 1935, as originally enacted, should be included in this paragraph to enable any area to be excluded from or included in the scheduled areas and the Committee has accordingly added sub-paragraph (2) to this paragraph. 309 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 278 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

(c) on any alteration of the boundaries of a State for the time being specified in Part I of the First Schedule or on the inclusion in Part I of that Schedule of a new State admitted into the Union or establish- ed by Parliament by law, declare any territory not previously included in any State so specified to be, or to form part of, a scheduled area, 5 and any such Order may contain such incidental and conse- quential provisions as appear to the President to be necessary and proper. 10 TABLE I—MADRAS The Laccadive Islands (including Minicoy) and the Amin- divi Islands. The East Godavari Agency and so much of the Vizaga- patam Agency as is not transferred to Orissa under the pro- visions of the Government of India (Constitution of Orissa) Order, 1936. 15 II—BOMBAY In the West Khandesh District:—The Navapur Petha, the Akrani Mahal and the villages belonging to the following Mehwassi Chiefs: (1) the Parvi of Kathi, (2) the Parvi of Nal, (3) the Parvi of Singpur, (4) the Walwi of Gaohali, (5) the Wassawa of Chikhli, and (6) the Parvi of Navalpur, 20 In the East Khandesh District:—The Satpura Hills reserved forest areas. 25 In the Nasik District:—The Kalvan Taluk and Peint Petha. In the Thana District:—The Dahanu and Shahapur Talukas and Mokhada and Umbergaon Pethas. 30 III.—THE UNITED PROVINCES The Jaunsar-Bawar Pargana of the Dehra Dun District. The portion of the Mirzapur District south of the Kaimur range. IV.—EAST PUNJAB 35 Spiti and Lahaul in the Kangra District. V.—BIHAR The Ranchi and Singhbhum Districts, and the Latehar sub-division of the Palamau District of the Chota Nagpur Division. 40 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 310 279THE DRAFT CONSTITUTION

The Santal Parganas District excluding the Godda and Deogarh Sub-divisions. VI.—THE CENTRAL PROVINCES AND BERAR In the Chanda district, the Ahiri Zamindari in the Sironcha Tahsil and the Dhanora, Dudmala, Gewardha, Jharapapra Khutgaon, Kotgal, Muramgaon, Palasgarh, Rangi, Sirsundi Sonsari, Chandala, Gilgaon, Pai-Muranda and Potegaon Zamindaris in the Garchiroli Tahsil. 5 The Harrai, Gorakghat, Gorpani, Batkagarh, Bardagarh Partabgarh (Pagara), Almod and Sonpur Jagirs of the Chhindwara District, and the portion of the Pachmarhi jagir in the Chhindwara District. 10 The Mandla District. The Pendra, Kenda, Matin, Lapha, Uprora, Chhuri and Korba Zamindaris of the Bilaspur District. 15 The Aundhi, Koracha, Panabaras and Ambagarh Ghauki Zamindaris of the Drug District. The Baihar Tahsil of the Balaghat District. The Melghat Taluk of the Amraoti District. The Bhainsdehi Tahsil of the Betul District, 20 VII—ORISSA The Ganjam Agency Tracts including Khondmals. The Koraput District. 311 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 280 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

SIXTH SCHEDULE [Articles 189 (b) and 190 (2)] PROVISIONS AS TO THE ADMINISTRATION OF THE TRIBAL AREAS IN ASSAM 1. Autonomous districts and autonomous regions.—(1) The tribal areas in each item of Part I of the Table appended to paragraph 19 of this Schedule for the time being included in that Part shall be an autonomous district. 5 (2) If there are different scheduled tribes in an autono- mous district, the Governor may, by public notification, divide the area or areas inhabited by them into autonomous regions. 10 (3) The Governor may, by public notification— (a) include any area in Part I of the said Table, (b) create a new autonomous district, (c) increase the area of any autonomous district, 15 (d) exclude any area from Part I of the said Table, (e) diminish the area of any autonomous district: Provided that no order shall be made by the Governor under clause (b) or clause (c) of this sub-paragraph except after consideration of the report of a Commission appointed under sub-paragraph (1) of paragraph 14 of this Schedule: 20 Provided further that no order shall be made by the Governor under clause (d) or clause (e) of this sub-paragraph unless a resolution to that effect is passed by the District Council of the autonomous district concerned. 25 2, Constitution of District Councils and Regional Coun- cils.—(1) There shall be a District Council for each auto- nomous district consisting of not less than twenty and not more than forty members of whom not less than three-fourths shall be elected on the basis of adult suffrage. 30 (2) The territorial constituencies for elections to each District Council shall be so delimited that as far as possible the areas inhabited by the different scheduled tribes of the district and the areas, if any, inhabited by other persons shall form separate constituencies: 35 Provided that no constituency shall be formed which has a total population of less than five hundred. (3) There shall be a separate regional Council for each area constituted an autonomous region under sub-paragraph (2) of paragraph 1 of this Schedule. 40 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 312 281THE DRAFT CONSTITUTION

(4) Each District Council and each Regional Council shall be a body corporate by the name respectively of “the Dis- trict Council of (name of District)” and “the Regional Coun- cil of (name of Region)”, shall have perpetual succession and a common seal and shall by the said name sue and be sued. 5 (5) Subject to the provisions of this Schedule the ad- ministration of an autonomous district shall, in so far as it is not vested under this Schedule in any Regional Council within such district, be vested in the District Council for such district and the administration of an autonomous Re- gion shall be vested in the Regional Council for such region. 10 (6) In an autonomous district with Regional Councils, the District Council shall have only such powers with res- pect to the areas under the authority of the Regional Council as may be delegated to it by the Regional Council in addition to the powers conferred on it by this Schedule with respect to such areas. 15 (7) The Governor shall make rules for the first constitu- tion of District Councils and Regional Councils in consulta- tion with the existing tribal Councils or other representa- tive tribal organisations within the autonomous districts or regions concerned and such rules shall provide for— 20 (a) the composition of the District Councils and Regional Councils and the allocation of seats therein; 25 (b) the delimitation of territorial constituencies for the purpose of elections to those Councils; (c) the qualifications for voting at such elections and the preparation of electoral rolls; (d) the qualifications for being elected at such elections as members of such Councils; 30 (e) any other matter relating to or connected with elec- tions or nominations to such Councils; (i) the procedure and the conduct of business in the District and Regional Councils; 35 (g) the appointment of officers and staff of the District and Regional Councils. (8) The District or the Regional Council may after its first constitution make rules with regard to the matters specified in sub-paragraph (7) of this paragraph and may also make rules regulating— 40 (a) the formation of subordinate local Councils or Boards and their procedure and the conduct of their busi- ness; and 313 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 282 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES