06.04.2013 Views

constituent assembly of india debates (proceedings)- volume vii

constituent assembly of india debates (proceedings)- volume vii

constituent assembly of india debates (proceedings)- volume vii

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

(2) In the Federal Legislature (House <strong>of</strong> the People) there shall be such number <strong>of</strong> representatives <strong>of</strong><br />

the tribes <strong>of</strong> each Province as may be in accordance with the total population <strong>of</strong> the tribes in that<br />

Province on the scale prescribed in Section.<br />

C. The election <strong>of</strong> the representatives <strong>of</strong> the tribes to the Provincial Legislature shall be by universal<br />

adult franchise.<br />

PART II<br />

D. As from the commencement <strong>of</strong> this Constitution the provisions <strong>of</strong> this Part shall apply to the areas<br />

specified in Schedule B to this Chapter (and hereinafter referred to as "the Scheduled Areas").<br />

E. (1) The Provincial Government may, if so advised by the Tribes Advisory Council, by notification<br />

direct that any law passed by the Legislature shall not apply to a Scheduled Area or shall apply with such<br />

modifications as it may prescribe:<br />

Provided that the Provincial Government shall, if so advised by the Tribes Advisory Council, direct<br />

that any law passed by the Provincial legislature in respect <strong>of</strong> the following subjects, that is to say, (i) all<br />

social matters including inheritance <strong>of</strong> property; (ii) occupation <strong>of</strong> land (not being forest reserved under<br />

the provisions <strong>of</strong> the Indian Forest Act or other law applicable) including tenancy laws, allotment <strong>of</strong> land,<br />

reservation <strong>of</strong> land for any purpose; (iii) village management, including the establishment <strong>of</strong> village<br />

panchayats, shall not apply to a Scheduled Area or shall apply with such modifications as it may<br />

prescribe with the concurrence <strong>of</strong> the said Council.<br />

(2) The Provincial Government may, in consultation with the Tribes Advisory Council, make special<br />

regulations for a Scheduled Area on any matter not provided for by a law in force in the Area.<br />

F. Vacant land in a Scheduled Area which is the property <strong>of</strong> the State shall not be allotted to a nontribal<br />

except in accordance with rules made by the Provincial Government in consultation with the Tribes<br />

Advisory Council.<br />

G. (1) The Provincial Government may, and if so advised by the Tribes Advisory Council shall, direct<br />

that no person shall carry on business in a Scheduled Area as a money lender except under and in<br />

accordance with the conditions <strong>of</strong> a licence issued by it or by an <strong>of</strong>ficer authorised by it in this behalf.<br />

(2) Any contravention <strong>of</strong> an order issued by the Provincial Government under sub-section (1) <strong>of</strong> this<br />

Sections hall be an <strong>of</strong>fence.<br />

H. The revenue and expenditure pertaining to a Scheduled Area which is credited to or met from the<br />

funds <strong>of</strong> the Provincial Government shall be shown separately in the annual financial statement <strong>of</strong> the<br />

Provincial Government.<br />

I. There shall be paid out <strong>of</strong> the revenues <strong>of</strong> the Federation such capital and recurring sums as may<br />

be necessary to enable the Provincial Government to meet the cost <strong>of</strong> such schemes <strong>of</strong> development as<br />

may be undertaken with the approval <strong>of</strong> the Federal Government for the purpose <strong>of</strong> raising the level <strong>of</strong><br />

administration <strong>of</strong> the Scheduled Areas and all round development <strong>of</strong> the tribes to that <strong>of</strong> the rest <strong>of</strong> the<br />

province.<br />

J. (1) There shall be established as soon as may be after the commencement <strong>of</strong> this Constitution in<br />

the Provinces <strong>of</strong> Madras, Bombay, West Bengal, Bihar, C. P. and Berar and Orissa, a Tribes Advisory<br />

Council to perform such functions as may be prescribed in this Constitution and to advise the Provincial

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!