Provisions as to the Administration and Control of Scheduled Areas and
Part A -- General
1. Interpretation.- In this Schedule, unless the context otherwise
requires, the expression "State" _460*** does not include the
_461[States of Assam, _462[,_463[Meghalaya, Tripura and Mizoram.]]]
2. Executive power of a State in Scheduled Areas.-Subject to the
provisions of this Schedule, the executive power of a State extends to
the Scheduled Areas therein.
3. Report by the Governor _464*** to the President regarding the
administration of Scheduled Areas.- The Governor _464*** of each State
having Scheduled Areas therein shall annually, or whenever so required
by the President, make a report to the President regarding the
administration of the Scheduled Areas in that State and the executive
power of the Union shall extend to the giving of directions to the
State as to the administration of the said areas.
Part B -- Administration and Control of Scheduled Areas and Scheduled Tribes
4. Tribes Advisory Council.-(1) There shall be established in each
State having Scheduled Areas therein and, if the President so directs,
also in any State having Scheduled Tribes but not Scheduled Areas
therein, a Tribes Advisory Council consisting of not more than twenty
members of whom, as nearly as may be, three-fourths shall be the
representatives of the Scheduled Tribes in the Legislative Assembly of
Provided that if the number of represenatives of the Scheduled Tribes
in the Legislative Assembly of the State is less than the number of
seats in the Tribes Advisory Council to be filled by such
representatives, the remaining seats shall be filled by other members
of those tribes.
(2) It shall be the duty of the Tribes Advisory Council to advise on
such matters pertaining to the welfare and advancement of the
Scheduled Tribes in the State as may be referred to them by the
(3) The Governor _464*** may make rules prescribing or regulating, as
the case may be,-
(a) the number of members of the Council, the mode of their
appointment and the appointment of the Chairman of the Council and of
the officers and servants thereof;
(b) the conduct of its meetings and its procedure in general; and
(c) all other incidental matters.
5. Law applicable to Scheduled Areas.- (1) Notwithstanding anything
in this Constitution, the Governor _465*** may by public notification
direct that any particular Act of Parliament or of the Legislature of
the State shall not apply to a Scheduled Area or any part thereof in
the State or shall apply to a Scheduled Area or any part thereof in
the State subject to such exceptions and modifications as he may
specify in the notification and any direction given under this
sub-paragraph may be given so as to have retrospective effect.
(2) The Governor _465*** may make regulations for the peace and good
government of any area in a State which is for the time being a
In particular and without prejudice to the generality of the foregoing
power, such regulations may-
(a) prohibit or restrict the transfer of land by or among members of
the Scheduled Tribes in such area;
(b) regulate the allotment of land to members of the Scheduled Tribes
in such area;
(c) regulate the carrying on of business as money-lender by persons
who lend money to members of the Scheduled Tribes in such area.
(3) In making any such regulation as is referred to in sub-paragraph
(2) of this paragraph, the Governor _464*** may repeal or amend any
Act of Parliament or of the Legislature of the State or any existing
law which is for the time being applicable to the area in question.
(4) All regulations made under this paragraph shall be submitted
forthwith to the President and, until assented to by him, shall have
(5) No regulation shall be made under this paragraph unless the
Governor _466*** making the regulation has, in the case where there is
a Tribes Advisory Council for the State, consulted such Council.
Part C -- Scheduled Areas
6. Scheduled Areas.- (1) In this Constitution, the expression
"Scheduled Areas" means such areas as the President may by order_467
declare to be Scheduled Areas.
(2) The President may at any time by order _468
(a) direct that the whole or any specified part of a Scheduled Area
shall cease to be a Scheduled Area or a part of such an area;
_469[(aa) increase the area of any Scheduled Area in a State
after consultation with the Governor of that State;]
(b) alter, but only by way of rectification of boundaries, any
(c) on any alteration of the boundaries of a State or on the admission
into the Union or the establishment of a new State, declare any
territory not previously included in any State to be, or to form part
of, a Scheduled Area;
_468[(d) rescind, in relation to any State or States, any order or
orders made under this paragraph, and in consultation with the
Governor of the State concerned, make fresh orders redefining the
areas which are to be Scheduled Areas;]
and any such order may contain such incidental and consequential
provisions as appear to the President to be necessary and proper, but
save as aforesaid, the order made under sub-paragraph (1) of this
paragraph shall not be varied by any subsequent order.
Part D -- Amendment of the Schedule
7. Amendment of the Schedule.- (1) Parliament may from time to time
by law amend by way of addition, variation or repeal any of the
provisions of this Schedule and, when the Schedule is so amended, any
reference to this Schedule in this Constitution shall be construed as
a reference to such Schedule as so amended.
(2) No such law as is mentioned in sub-paragraph (1) of this paragraph
shall be deemed to be an amendment of this Constitution for the
purposes of article 368.
SIXTH SCHEDULE- Provisions as to the Administration of Tribal Areas
in the States of Assam, Meghalaya, Tripura and Mizoram.