India - Constitution - Directorate General of Mines Safety

India - Constitution - Directorate General of Mines Safety India - Constitution - Directorate General of Mines Safety

10.07.2015 Views

such matters pertaining to the welfare and advancement of theScheduled Tribes in the State as may be referred to them by theGovernor.(3) The Governor may make rules prescribing or regulating, as thecase may be, -(a) the number of members of the Council, the mode of theirappointment and the appointment of the Chairman of the Council andof the officers and servants thereof;(b) the conduct of its meetings and its procedure in general; and(c) all other incidental matters.Paragraph 5 Law applicable to Scheduled Areas(1) Notwithstanding anything in this Constitution the Governor mayby public notification direct that any particular Act of Parliament orof the Legislature of the State shall not apply to a Scheduled Area orany part thereof in the State or shall apply to a specify in thenotification and any direction given under this sub-paragraph may begiven so as to have retrospective effect.(2) The Governor may make regulations for the peace and goodgovernment of any area in a State which is for the time being aScheduled Area.In particular and without prejudice to the generality of the foregoingpower, such regulations may -(a) prohibit or restrict the transfer of land by or among members of theScheduled Tribes in such area;(b) regulate the allotment of land to members of the Scheduled Tribesin such area;(c) regulate the carrying on of business as money-lender by personswho lend money to members of the Scheduled Tribes in such area.(3) In making any such regulation as is referred to insub-paragraph (2) of this paragraph, the Governor may repeal oramend any Act of Parliament or of the Legislature of the State or anyexisting law which is for the time being applicable to the area inquestion.(4) All regulations made under this paragraph shall be submittedforthwith to the President and, until assented to by him, shall have noeffect.(5) No regulation shall be made under this paragraph unless theGovernor making the regulation has, in the case where there is aTribes Advisory Council for the State, consulted such Council.Part C Scheduled AreasParagraph 6 Scheduled Areas(1) In this Constitution, the expression "Scheduled Areas" means suchareas as the President may by order declare to be Scheduled Areas.(2) The President may at any time by order -(a) direct that the whole or any specified part of a Scheduled Areashall cease to be a Scheduled Area or a part of such an area;(aa) increase the area of any Scheduled Area in a State afterconsultation with the Governor of that State;(b) alter, but only by way of rectification of boundaries, anyScheduled Area;(c) on any alternation of the boundaries of a State or on the admissioninto the Union or the establishment of a new State, declare anyterritory not previously included in any State to be, or to form part of,a Scheduled Area;(d) rescind, in relation to any State or States, any order or orders madeunder this paragraph, and in consultation with the Governor of the

State concerned, make fresh orders redefining the areas which are tobe Scheduled Areas,and any such order contain such incidental and consequentialprovisions as appear to the President to be necessary and proper, butsave as aforesaid, the order made under sub-paragraph (1) of thisparagraph shall not be varied by any subsequent order.Part D Amendment of the ScheduleParagraph 7 Amendment of the Schedule(1) Parliament may from time to time by law amend by way ofaddition, variation or repeal any of the provisions of this Scheduleand, when the Schedule is so amended, any reference to this Schedulein this Constitution shall be construed as a reference to such Scheduleas so amended.(2) No such law as is mentioned in sub-paragraph (1) of thisparagraph shall be deemed to be an amendment of this Constitutionfor the purposes of article 368.[Schedule VI] Sixth Schedule (Articles 244 (2) and 275 (1)) Provisionsas to the Administration of Tribal Areas in the States of Assam,Meghalaya, Tripura and MizoramParagraph 1 Autonomous districts and autonomous regions(1) Subject to the provisions of this paragraph, the tribal areas in eachitem of Parts I, II and IIA and in Part III of the table appended toparagraph 20 of this Schedule shall be an autonomous district.(2) If there are different Scheduled Tribes in an autonomous district,the Governor may, by public notification, divide the area or areasinhabited by them into autonomous regions.(3) The Governor may, by public notification, -(a) include any area in any of the Parts of the said table,(b) exclude any area from any if the Parts of the said table,(c) create a new autonomous district,(d) increase the area of any autonomous district,(e) diminish the area of any autonomous district,(f) unite two or more autonomous districts or parts thereof so as toform one autonomous district,(ff) alter the name of any autonomous district,(g) define the boundaries of any autonomous district:Provided that no order shall be made by the Governor underclauses (c), (d), (e) and (f) of this sub-paragraph except afterconsideration of the report of a Commission appointed undersub-paragraph (1) of paragraph 14 of this Schedule:Provided further that any order made by the Governor under thissub-paragraph may contain such incidental and consequentialprovisions (including any amendment of paragraph 20 and of anyitem in any of the Parts of the said table) as appear to the Governor tobe necessary for giving effect to the provisions of the order.Paragraph 2 Constitution of District Councils and Regional Councils(1) There shall be a District Council for each autonomous districtconsisting of not more than thirty members, of whom not more thanfour persons shall be nominated by the Governor and the rest shall beelected on the basis of adult suffrage.(2) There shall be a separate Regional Council for each areaconstituted an autonomous region under sub-paragraph (2) ofparagraph 1 of this Schedule.(3) Each District Council and each Regional Council shall be a body

such matters pertaining to the welfare and advancement <strong>of</strong> theScheduled Tribes in the State as may be referred to them by theGovernor.(3) The Governor may make rules prescribing or regulating, as thecase may be, -(a) the number <strong>of</strong> members <strong>of</strong> the Council, the mode <strong>of</strong> theirappointment and the appointment <strong>of</strong> the Chairman <strong>of</strong> the Council and<strong>of</strong> the <strong>of</strong>ficers and servants there<strong>of</strong>;(b) the conduct <strong>of</strong> its meetings and its procedure in general; and(c) all other incidental matters.Paragraph 5 Law applicable to Scheduled Areas(1) Notwithstanding anything in this <strong>Constitution</strong> the Governor mayby public notification direct that any particular Act <strong>of</strong> Parliament or<strong>of</strong> the Legislature <strong>of</strong> the State shall not apply to a Scheduled Area orany part there<strong>of</strong> in the State or shall apply to a specify in thenotification and any direction given under this sub-paragraph may begiven so as to have retrospective effect.(2) The Governor may make regulations for the peace and goodgovernment <strong>of</strong> any area in a State which is for the time being aScheduled Area.In particular and without prejudice to the generality <strong>of</strong> the foregoingpower, such regulations may -(a) prohibit or restrict the transfer <strong>of</strong> land by or among members <strong>of</strong> theScheduled Tribes in such area;(b) regulate the allotment <strong>of</strong> land to members <strong>of</strong> the Scheduled Tribesin such area;(c) regulate the carrying on <strong>of</strong> business as money-lender by personswho lend money to members <strong>of</strong> the Scheduled Tribes in such area.(3) In making any such regulation as is referred to insub-paragraph (2) <strong>of</strong> this paragraph, the Governor may repeal oramend any Act <strong>of</strong> Parliament or <strong>of</strong> the Legislature <strong>of</strong> the State or anyexisting law which is for the time being applicable to the area inquestion.(4) All regulations made under this paragraph shall be submittedforthwith to the President and, until assented to by him, shall have noeffect.(5) No regulation shall be made under this paragraph unless theGovernor making the regulation has, in the case where there is aTribes Advisory Council for the State, consulted such Council.Part C Scheduled AreasParagraph 6 Scheduled Areas(1) In this <strong>Constitution</strong>, the expression "Scheduled Areas" means suchareas as the President may by order declare to be Scheduled Areas.(2) The President may at any time by order -(a) direct that the whole or any specified part <strong>of</strong> a Scheduled Areashall cease to be a Scheduled Area or a part <strong>of</strong> such an area;(aa) increase the area <strong>of</strong> any Scheduled Area in a State afterconsultation with the Governor <strong>of</strong> that State;(b) alter, but only by way <strong>of</strong> rectification <strong>of</strong> boundaries, anyScheduled Area;(c) on any alternation <strong>of</strong> the boundaries <strong>of</strong> a State or on the admissioninto the Union or the establishment <strong>of</strong> a new State, declare anyterritory not previously included in any State to be, or to form part <strong>of</strong>,a Scheduled Area;(d) rescind, in relation to any State or States, any order or orders madeunder this paragraph, and in consultation with the Governor <strong>of</strong> the

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