constituent assembly of india debates (proceedings)- volume vii
constituent assembly of india debates (proceedings)- volume vii
constituent assembly of india debates (proceedings)- volume vii
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