Vol. 13 · pages 316–320

(b) generally all matters relating to the transaction of business pertaining to the administration of the district or region, as the case may be: Provided that until rules are made by the District or the Regional Council under this sub-paragraph the rules made by the Governor under sub-paragraph (7) of this paragraph shall have effect in respect of elections to, the officers and staff of, and the procedure and the conduct of business in, each such Council: 5 Provided further that the Deputy Commissioner or the Sub- Divisional Officer, as the case may be, of the Mikir and North Cachar Hills shall be the Chairman ex-officio of the District Council in respect of the territories included in items 5 and 6 respectively of Part I of the Table appended to paragraph 19 of this Schedule and shall have power for a period of six years after the first constitution of the District Council, subject to the control of the Governor, to annul or modify any resolu- tion or decision of the District Council or to issue such instruc- tions to the District Council, as he may consider appropriate, and the District Council shall comply with every such instruc- tion issued. 10 15 20 3. Powers of the District Councils and Regional Councils to make laws.—(1) The Regional Council for an autonomous region in respect of all areas within such region and the Dis- trict Council for an autonomous district in respect of all areas within the district except those which are under the authority of Regional Councils, if any, within the district shall have power to make laws with respect to— 25 (a) the allotment, occupation or use, or the setting apart of land other than any land which is a reserved forest for the purposes of agriculture or grazing or for residential or other non-agricultural purposes or for any other purpose likely to promote the in- terests of the inhabitants of any village or town: 30 Provided that nothing in such laws shall pre- vent the compulsory acquisition of any land whether occupied or unoccupied for public pur- poses by the State of Assam in accordance with the law for the time being in force authorising such acquisition; 35 40 (b) the management of any forest not being a reserved forest; (c) the use of any canal or water-course for the purpose of agriculture; THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 314 283THE DRAFT CONSTITUTION

(d) the regulation of the practice of jhum or other forms of shifting cultivation; (e) the es tablishment of village or town committees or councils and their powers; (f) any other matter relating to village or town adminis- tration including village or town police and public health and sanitation; 5 (g) the appointment or succession of Chiefs or Headmen; (h) the inheritance of property; (i) marriage; 10 (j) social customs. (2) In this paragraph, a “reserved forest” means any area which is a reserved forest under the Assam Forest Regulation, 1899, or under any other law for the time being in force in the area in question. 15 4. Administration of justice in autonomous districts and autonomous regions.— (1) The Regional Council for an autonomous region in respect of areas within such region and the District Council for an autonomous district in respect of areas within the dis- trict other than those which are under the authority of the Regional Councils, if any, within the district may constitute village Councils or courts for the trial of suits and cases other than those to which the provisions of sub-paragraph (1) of paragraph 5 of this Schedule apply or those arising out of any law made under paragraph 3 of this Schedule, to the exclusion of any court in the State, and may appoint suitable persons to be members of such village Councils or presiding officers of such courts, and may also appoint such officers as may be necessary for the administration of the laws made under para- graph 3 of this Schedule. 20 25 30 (2) Notwithstanding anything in this Constitution the Regional Council for an autonomous region or any court constituted in this behalf by the Regional Council or, if in respect of any area within an autonomous district there is no Regional Council, the District Council for such district, or any court constituted in this behalf by the District Council, shall exercise the powers of a Court of Appeal in respect of ail suits and cases between the parties all of whom belong to scheduled tribes within such region or area, as the case may be, other than those to which the provisions of sub-paragraph (1) of paragraph 5 of this Schedule apply, and no other Court 35 40 315 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 284 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

in the State shall have appellate jurisdiction over such suits or cases and the decision of such Regional or District Council or Court shall be final. 5. Conferment of powers under the Code of Civil Proce- dure, 1908 and the Code of Criminal Procedure, 1898 on the Regional and District Councils and on certain courts and officers for the trial of certain suits and offences.—(1) The Governor may, for the trial of suits or cases arising out of any law in force in any autonomous district or region being a law specified in this behalf by the Governor, or for the trial of offences punishable with death, transportation for life, or im- prisonment for a term of not less than five years under the Indian Penal Code or under any other law for the time being applicable to such region or district, confer on the District Council or the Regional Council having authority over such district or region or on courts constituted by such District Council or on any officer appointed in this behalf by the Governor, such powers under the Code of Civil Procedure, 1908 or, as the case may be, the Code of Criminal Procedure, 1898, as he deems appropriate, and thereupon the said Council, court or officer shall try the suits, cases or offences in exercise of the powers so conferred. 5 10 15 20 (2) The Governor may withdraw or modify any of the powers conferred on a District Council, Regional Council, court or officer under sub-paragraph (1) of this paragraph. 25 (3) Save as expressly provided in this paragraph the Code of Civil Procedure, 1908 and the Code of Criminal Procedure 1898, shall not apply to the trial of any suits, cases or offen- ces in an autonomous district or in any autonomous region. 6. Powers of the District Council to establish primary schools, etc.—The District Council for an autonomous district may establish, construct, or manage primary schools, dispen- saries, markets, cattle pounds, ferries, fisheries, roads and waterways in the district and in particular may prescribe the language and the manner in which primary education shall be imparted in the primary schools in the district. 30 35 7. District and Regional Funds.—(1) There shall be con- stitued for each autonomous district, a District Fund and for each autonomous region, a Regional Fund to which shall be credited all moneys received respectively by the District Council for that district and the Regional Council for that region in the course of the administration of such district or region, as the case may be, in accordance with the pro- visions of this Constitution. 40 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 316 285THE DRAFT CONSTITUTION

(2) Subject to the approval of the Governor rules may be made by the District Council and by the Regional Council for the management of the District Fund or, as the case may be, the Regional Fund; and the rules so made may pre- scribe the procedure to be followed in respect of payment of money into the said Fund, the withdrawal of moneys there- from, the custody of moneys therein and any other matter connected with or ancillary to the matters aforesaid. 5 8. Powers to assess and collect land revenue and to impose taxes.—(1) The Regional Council for an autonomous region in respect of all lands within such region and the District Council for an autonomous district in respect of all lands within the district except those which are in the areas under the authority of Regional Councils, if any, within the district, shall have the power to assess and collect revenue in respect of such lands in accordance with the principles for the time being followed by the Government of Assam in assessing lands for the purpose of land revenue in the State of Assam generally, 10 15 (2) The Regional Council for an autonomous region in respect of areas within such region and the District Council for an autonomous district in respect of all areas in the district except those which are under the authority of Regional Councils, if any, within the district, shall have power to levy and collect taxes on land and buildings, and tolls on persons resident within such areas. 20 25 (3) The District Council for an autonomous district shall have the power to levy and collect all or any of the following taxes within such district, that is to say— (a) tax on professions, trades, callings and employments: 30 (b) a tax on animals, vehicles and boats; (c) taxes on the entry of goods into a market for sale there- in, and tolls on passengers and goods carried in ferries; and (d) taxes for the maintenance of schools, dispensaries or roads. 35 (4) A Regional Council or District Council, as the case may be, may make regulations to provide for the levy and collection of any of the taxes specified in sub-paragraphs (2) and (3) of this paragraph. 40 9. Licences or leases for the purpose of prospecting for, or extraction of, minerals.—(1) No licence or lease shall be grant- ed by the Government of Assam for the purpose of prospecting 317 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 286 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

for, or the extraction of, minerals in any area comprised with in an autonomous district, save in consultation with the District Council for that district. (2) Such share of the royalties accruing each year from licences or leases for the purpose of prospecting for, or the extraction of, minerals granted by the Government of Assam in respect of any area within an autonomous district as may be agreed upon between the Government of Assam and the District Council of such district shall be made over to that District Council. 5 10 (3) If any dispute arises as to the share of such royalties to be made over to a District Council, it shall be referred to the Governor for determination and the amount determined by the Governor in his discretion shall be deemed to be the amount payable under sub-paragraph (2) of this paragraph to the District Council and the decision of the Governor shall be final. 15 10. Power of District Council to make regulations for the control of money-lending and trading by non-tribals.—(1) The District Council of an autonomous district may make regula- tions for the regulation and control of money-lending or trading within the district by persons other than scheduled tribes resident in the district. 20 (2) Such regulations may— (a) prescribe that no one except the holder of a licence issued in that behalf shall carry on the business of money-lending; 25 (b) prescribe the maximum rate of interest which may be charged or be recovered by a money-lender; (c) provide for the maintenance of accounts by money- lenders and for the inspection of such accounts by officers appointed in this behalf by the District Council; 30 (d) prescribe that no person who is not a member of the scheduled tribes resident in the district shall carry on wholesale or retail business in any commodity except under a licence issued in that behalf by the District Council: 35 Provided that no such regulations may be made under this paragraph unless they are passed by a majority of not less than three-fourths of the total membership of the District Council: 40 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 318 287THE DRAFT CONSTITUTION