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Part-10

THE SCHEDULED AND TRIBAL AREAS

244. Admini s trat ion of Scheduled Areas and tribal areas .—(1) The provisions of the Fifth Schedule shall apply to the administration and control of the Scheduled Areas and Scheduled Tribes in any State other than the States of Assam, Meghalaya, Tripura and Mizoram. (2) The provisions of the Sixth Schedule shall apply to the administration of the tribal areas in the States of Assam, Meghalaya, Tripura and Mizoram.

244A. Formation of an autonomous State comprising certain tribal areas in Assam and creation of local Legislature or Council of Ministers or both therefor.—(1) Notwiths tanding anything in this Constitution, Parliament may, by law, form within the State of Assam an autonomous State comprising (whether wholly or in part) all or any of the tribal areas specified in Part I of the table appended to paragraph 20 of the Sixth Schedule and create therefor—

(a) a body, whether elected or partly nominated and partly elected, to function as a Legislature for the autonomous State, or

(b) a Council of Miniters , or both with such constitution, powers and functions , in each case, as may be specified in the law.

(2) Any such law as is refer red to in clause (1) may, in particular ,—

(a) specify the matters enumerated in the State List or the Concur rent List with respect to which the Legislature of the autonomous State shall have power to make laws for the whole or any part thereof, whether to the exclus ion of the Legislature of the State of Assam or otherwi se;

(b) define the matters with respect to which the executive power of the autonomous State shall extend;

(c) provide that any tax levied by the State of Assam shall be as signed to the autonomous State in so far as the proceeds thereof are at tributable to the autonomous State;

(d) provide that any reference to a State in any article of this Constitution shall be cons t rued as including a reference to the autonomous State; and

(e) make such supplemental , incidental and consequential provisions as may be deemed necessary.

(3) An amendment of any such law as aforesaid in so far as such amendment relates to any of the matters specified in sub-clause (a) or sub-clause (b) of clause (2) shall have no effect unless the amendment is passed in each House of Parliament by not les s than two-thirds of the members present and voting.

(4) Any such law as is refer red to in this article shall not be deemed to be an amendment of this Constitution for the purposes of ar t icle 368

not withstanding that it contains any provission which amends or has the effect of amending this Constitut ion.