Vol. 13 · pages 321–325

Provided further that it shall not be competent under any such regulations to refuse the grant of a licence to a money- lender or a trader who has been carrying on business within the district since before the time of the making of such regula- tions, 5 11. Publication of laws, rules and regulations made under the Schedule.—All laws, rules and regulations made under this Schedule by a District Council or a Regional Council shall be published forthwith in the Official Gazette of the State and shall on such publication have the force of law. 10 12. Application of Acts of Parliament and of the Legis- lature of the State to autonomous districts and autonomous regions—Notwithstanding anything contained in this Consti- tution— (a) no Act of the Legislature of the State in respect of any of the matters specified in paragraph 3 of this Schedule as matters with respect to which a Dis- trict Council or a Regional Council may make laws, and no Act of the Legislature of the State prohibiting or restricting the consumption of any non-distilled alcoholic liquor shall apply to any autonomous district or autonomous region unless in either case the District Council for such district or having jurisdiction over such region by public notification so directs, and the District Council in giving such direction with respect to any Act may direct that the Act shall in its application to such district or region or any part thereof have effect subject to such exceptions or modifications as it thinks fit; 15 20 25 30 (b) the Governor may, by public notification, direct that any Act of Parliament or of the Legislature of the State to which the provisions of clause (a) of this paragraph do not apply shall not apply to an autonomous district or an autonomous region, or shall apply to such district or region or any part thereof subject to such exceptions or modifications as he may with the approval of the District Council for such district or the Regional Council for such region specify in the notification, if a resolution recommending the issue of such direction is passed by such District Council or such Regional Council, as the case may be. 35 40 319 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 288 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

13. Estimated receipts and expenditure pertaining to au- tonomous districts to be shown separately in the annual financial statement.—The estimated receipts and expenditure pertaining to an autonomous district which are to be credited to, or is to be made from, the revenues of the State of Assam shall be shown separately in the annual financial statement of the State to be laid before the Legislature of the State under article 177 of this Constitution. 5 14. Appointment of Commission to inquire into and report on the administration of autonomous districts.—(1) The Gov- ernor of Assam may at any time appoint a Commission to examine and report on any matter specified by him relating to the administration of the autonomous districts in the State, or may appoint a Commission to inquire into and report from time to time on the administration of autonomous districts in the State generally and in particular on— 10 15 (a) the provision of educational and medical facilities and communications in such districts; (b) the need for any new or special legislation in respect of such districts; and 20 (c) the administration of the laws, regulations and rules made by the District and Regional Councils; and define the procedure to be followed by such Commission. (2) The report of every such Commission with the recom- mendations of the Governor with respect thereto shall be laid before the Legislature of the State by the minister concerned together with an explanatory memorandum regarding the action proposed to be taken thereon by the Government of Assam. 25 (3) In allocating the business of the Government of the State among his ministers the Governor of Assam may place one of his ministers specially in charge of the welfare of the autonomous districts in the State. 30 15. Annulment or suspension of acts and resolutions of the District or Regional Councils.—(1) If at any time the Governor is satisfied that an act or resolution of a Regional Council or a District Council is likely to endanger the safety of India, he may annul or suspend such act or resolution and take such steps as he may consider necessary (including the suspension of the Council and the assumption to himself of all or any of the powers vested in or exercisable by the Council) to prevent the commission or continuance of such act, or the giving of effect to such resolution. 35 40 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 320 289THE DRAFT CONSTITUTION

(2) Any order made by the Governor under sub-paragraph (1) of this paragraph together with the reasons therefor shall be laid before the Legislature of the State as soon as possible and the order shall, unless revoked by the Legislature of the State, continue in force for a period of twelve months from the date on which it was so made: 5 Provided that if and so often as a resolution approving the continuance in force of such order is passed by the Legislature of the State the order shall unless cancelled by the Governor continue in force for a further period of twelve months from the date on which under this paragraph it would otherwise have ceased to operate. 10 (3) The functions of the Governor under this paragraph shall be exercised by him in his discretion. 16. Dissolution of a District or Regional Council.—The Governor may on the recommendation of a Commission appointed under paragraph 14 of this Schedule by public notification order the dissolution of a Regional or a District Council and— 15 (a) direct that a fresh general election shall be held imme- diately for the reconstitution of the Council, or 20 (b) subject to the previous approval of the Legislature of the State assume the administration of the area under the authority of such Council himself or place the administration of such area under the Commission appointed under the said paragraph or any other body considered suitable by him for a period not exceeding twelve months: 25 Provided that when an order under clause (a) of this para- graph has been made the Governor may take the action re- ferred to in clause (b) of this paragraph with regard to the administration of the area in question pending the re-constitu- tion of the Council on fresh general election: 30 Provided further that no action shall be taken under clause (b) of this paragraph without giving the District or the Regional Council, as the case may be, an opportunity of being heard by the Legislature of the State. 35 17. Application of the provisions of this Schedule to areas specified in Part II of the table appended to paragraph 19.— (1) The Governor of Assam may— 40 (a) subject to the previous approval of the President, by public notification, apply all or any of the foregoing provisions of this Schedule to any tribal area speci- fied in Part II of the table appended to paragraph 321 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 290 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

19 of this Schedule or any portion of such area and thereupon such area or portion shall be administer- ed in accordance with such provisions, and (b) may also with like approval exclude any tribal area specified in Part II of the said table or any portion thereof from the said table. 5 (2) Until a notification is issued under sub-paragraph (1) of this paragraph in respect of any tribal area specified in Part II of the said table or any portion of such area, the ad- ministration of such area or portion thereof, as the case may be, shall be carried on by the President through the Governor of Assam as his agent and the provisions of Part VIII of this Constitution shall apply thereto as if such area or portion thereof were a territory specified in Part IV of the First Schedule. 10 15 18. Transitional provisions.—As soon as possible after the commencement of this Constitution the Governor of Assam shall take steps for the constitution of a District Council for each autonomous district in the State under this Schedule and until a District Council is so constituted for an autonomous district the administration of such district shall be vested in the Governor in his discretion and the following provisions shall apply to the administration of the areas within such dis- trict instead of the provisions contained in this Schedule, namely:— 20 25 (a) no Act of Parliament or of the Legislature of the State shall apply to such area unless the Governor by public notification so directs; and the Governor in giving such a direction with respect to any Act may direct that the Act shall in its application to the area or to any specified part thereof, have effect subject to such exceptions or modifications as he thinks fit; 30 (b) the Governor may make regulations for the peace and good government of such area and any regulations so made ‘may repeal or amend any Act of Parliament or of the Legislature of the State or any existing law which is for the time being appli- cable to such area. Regulations made under this clause shall be submitted forthwith to the President and until assented to by him shall have no effect; 35 40 (c) the Governor shall exercise his functions under clauses (a) and (b) of this paragraph in his discretion. THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 322 291THE DRAFT CONSTITUTION

19. Tribal areas.—The areas specified in Parts I and II of the table below shall be the tribal areas within the State of Assam, and any reference in the said table to any district or administrative area shall be construed as a reference to that district or area as existing on the date of commencement of this Constitution: 5 TABLE Part I 1. The Khasi and Jaintia Hills District excluding the town of Shillong. 10 2. The Garo Hills District. 3. The Lushai Hills District. 4. The Naga Hills District. 5. The North Cachar Sub division of Cachar District. 6. The Mikir Hills portion of Nowgong and Sibsagar Districts excepting the mouzas of Barpathar and Sarupathar. 15 Part II 1. The Sadiya and Balipara Frontier Tracts. 2. The Tirap Frontier Tract (excluding the Lakhimpur Frontier Tract) 20 3. The Naga Tribal Area. 323 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 292 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES