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1.
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This
Act may be called the Sixth Schedule
to the Constitution (Amendment)
Act 2003. |
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2.
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The
Sixth Schedule to the Constitution
shall, in its application to the
State of Assam, have effect subject
to the following modifications,
namely:-
(1) In paragraph 1, after sub-paragraph
(2), the following proviso shall
be inserted, namely :-
"Provided that nothing in
this sub-paragraph shall apply
to the Bodoland Territorial Areas
District". |
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(2) In paragraph 2, after sub-paragraph
(1), the following proviso shall
be inserted, namely :-
"Provided
that the Bodoland Territorial
Council shall consist of not more
than forty-six members of whom
forty shall be elected on the
basis of adult suffrage, of whom
thirty shall be reserved for the
Schedule Tribes, five for non-tribal
communities, five open for all
communities and the remaining
six shall be nominated by the
Governor having same rights and
privileges as other members, including
voting rights, from amongst the
un-represented communities of
the Bodoland Territorial Areas
District, of which at least Two
shall be women"; |
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(3) In paragraph 2, in sub-paragraph
(3), after the proviso, the following
proviso shall be inserted, namely:-
"
Provide further that the District
Council constituted for the Bodoland
Territorial Areas Council";
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(4) In paragraph 3, for sub-paragraph
(3), the following sub-paragraph
shall be constituted, namely:-
"(3) Save
as otherwise provided in sub-paragraph
(2) of paragraph 3A or sub-paragraph
(2) of paragraph 3B, all laws
made under this paragraph or sub-paragraph
(1) of paragraph 3A paragraph
3A of sub-paragraph (1) of paragraph
3B shall be submitted forthwith
to the Governor, and until assented
to by him, shall have no effect.";
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(5) After paragraph 3A, the following
paragraph shall be inserted, namely:-
"3B.
Additional power of the Bodoland
Territorial Council to make laws
:-
(1) Without prejudice to the
provisions of paragraph 3, the
Boroland territorial Council within
its area shall have power to make
laws with respect to:- (i) Agriculture,
including agricultural education
and research, protecting against
pest and prevention of plants
diseases; (ii) Animal husbandry
and veterinary, that is to say,
preservation, protection and improvement
of stock and prevention of animal
diseases, veterinary training
and practice, cattle pounds; (iii)
Co-operation; (iv) Cultural affairs;
(v) Education, that is to say,
primary education, higher education
including vocational training,
adult education, college education
(general); (vi) Fisheries; (vii)
Flood control for protection of
village, paddy fields, market
and towns (not of technical nature);
(viii) Food and civil supply;
(ix) Forests (other than reserved
forests); (x) Handloom and textile;
(xi) health and family welfare;
(xii) Intoxicating liquors, opium
and derivatives, subject to the
provisions of entry 84 of List
I of the Seventh Schedule; (xiii)
Irrigation; (xiv) Labour and employment;
(xv) Land and Revenue; (xvi) Library
services (financed and controlled
by the State Government); (xvii)
Lotteries (subject to the provisions
of entry 40 of List I of the Seventh
Schedule); theatre, dramatic performance
and cinemas (subject to the provisions
of entry 60 of List I of the Seventh
Schedule); (viii) Markets and
fairs; (xix) Municipal Corporation
Improvement trust, districts boards
and other local authorities; (xx)
Museum and archeology institutions
controlled or financed by the
state, ancient and historical
monuments and records other than
those declared by or under any
law made by Parliament to be of
national importance; (xxi) Panchayat
and rural development; (xxii)
Planning and development; (xxiii)
Printing and stationary; (xxiv)
Public health engineering; (xxv)
Public works department; (xxvi)
Publicity and public relations;
(xxvii) registration of births
and deaths; (xxviii) Relief and
rehabilitation; (xxix) Sericulture;
(xxx) Small, cottage and rural
industry subject to the provisions
of entries 7 and 52 of List I
of the Seventh Schedule; (xxxi)
Social welfare; (xxxii) Soil conservation;
(xxxiii)Sports and youth welfare;
(xxxiv) Statistics; (xxxv) Tourism;
(xxxvi) Transport (roads, bridges
ferries and other means of communications
not specified in List I of the
Seventh Schedule municipal tramways,
ropeways, inland waterways and
traffic thereon subject to the
provisions of entry 40 of List
I and List III of the Seventh
Schedule with regards to such
waterways, vehicles and other
mechanically propelled vehicles);
(xxxvii) Tribal research institution
controlled and financed by the
State Government; (xxxviii) Urban
development - town and country
planning; (xxxix) Weights and
measures subject to the provisions
of entry 50 of List I of the Seventh
Schedule; and (xxxx) Welfare of
plain tribes and backward classes:
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Provided
that nothing in such laws
shall -
(a) extinguish
or modify the existing rights
and privileges of any citizen
in respect of his land at
the date of commencement
of this Act; and
(b) disallow
any citizen from acquiring
land either by way of inheritance,
allotment, settlement or
by any other way of transfer
if such citizen is otherwise
eligible for such acquisition
of land within the Boroland
Territorial Areas District.
(2) All
laws made under paragraph
3 or under this paragraph
shall in so far as they
relate to matters specified
in List III of the Seventh
Schedule be submitted forthwith
to the Governor who shall
reserve the same for the
consideration of the President.
(3) When
a law is reserved for the
consideration of the President,
the President shall declare
either that he assents to
the said law or that he
withholds assent there from
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Provided the President
may direct the Governor to return
the law to the Boroland Territorial
Council, together with the message
requesting that the said Council
will reconsider the law or any
specified provisions thereof and,
in particular, will consider the
desirability of introducing any
such amendments as he may recommend
in his message and, when the law
is so returned, the said Council
shall consider the law accordingly
within a period of six months
from the date of receipt if such
message and, if the law id again
passed by the said Council with
or without amendment it shall
be presented again to the President
for his consideration.";
"(6) In paragraph 4, after
sub-paragraph (5), the following
sub-paragraph shall be inserted,
namely : -
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(6) Nothing in this paragraph
shall apply to the Boroland
Territorial Council constituted
under the proviso to sub-paragraph
(3) of paragraph 2 of this
Schedule.";
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(7) in paragraph
10, after sub-paragraph (3), the
following shall be inserted namely
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"(4) Nothing in this
paragraph shall apply to
the Boroland Territorial
Council constituted under
the proviso to sub-paragraph
(3) of paragraph 2 of this
schedule.";
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(8) In
paragraph 12, in sub-paragraph
(1), in clause (a), for the words,
figure and letter "matters
specified in paragraph 3 or paragraph
3A of this Schedule", the
words, figure and letters "
matters specified in paragraph
3 or paragraph 3A or paragraph
3B of this Schedule" shall
be substituted;
(9) In paragraph 17, the following
proviso shall be inserted, namely
:-
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"Provided that nothing
in this paragraph shall
apply to the Boroland Territorial
Areas District."; |
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(10) In paragraph
19, after sub-paragraph (3), the
following sub-paragraph shall
be inserted, namely :- |
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"(4) As soon as possible
after the commencement of
this Act, an Interim Executive
Council for Boroland Territorial
Areas District in Assam
shall be formed by the Governor
from amongst leaders of
the Bodo movement, including
the signatories to the Memorandum
of Settlement, and shall
provide adequate representations
to the non-tribal communities
in that area:
Provided that the Interim
Council shall be for a
period of six months during
which endeavour to hold
the election to the Council
shall be made.
Explanation -
For the purposes of this
sub-paragraph, the expression
"Memorandum of Settlement"
means the Memorandum signed
on the 10th day of February,
2003 between Government
of India, Government of
Assam and Bodo Liberation
Tigers,";
(11) In paragraph 20,
in Part I of the Table,
after entry 2, the following
entry shall be inserted,
namely :-
"
3. The Bodoland Territorial
Areas District."
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