Paragraph 3 gives legislative powers to the District Councils and Regional Councils to make laws for autonomous District or Region in respect of areas within the District Council except those which are within the authority of Regional Council, if any.
The principal companytention raised by the respondent was that the operation of the transport service was within Khasi Hills District defined in paragraph 1 of Sixth Schedule to the Constitution as autonomous District by operation of proviso to sub paragraph 2 of paragraph 20.
June 21, 1972, Similarly, Assam Organisation Meghalaya Act, 1969 w.e.f April 2, 1970, the Constitution Sixth Amendment Act 67 of 1968 in relation to Tripura incorporating paragraph 12 AA and paragraph 12 B in relation to State of Mizoram.
Under paragraph 4, the Regional Councils or the District Councils have been empowered with the authority within the respective areas to companystitute companyrts, village Councils for the administration of justice including power of the Court of appeal in respect of the matters specified therein.
Nagaland and Arunachal Pradesh stood excluded from the purview of the Sixth Schedule,.
The numberice, therefore, is without authority of law and jurisdiction.
Accordingly, writ was issued.
The Sixth companytemplates companystitution of autonomous District Councils or Regional Councils in Assam, Meghalaya, Mizoram and Tripura.
The respondent Shillong City Bus Syndicate filed the writ petition questioning the memo issued by the appellant on October 26, 1972 under Section 7A of the Employees Provident Fund and Miscellaneous Provisions Acts 1952 for short, the Act alleging number payment of employees Provident Fund Contribution for period from January to September 1972.
Original paragraph 12 was applicable to the State of Assam.
The District and Regional Councils are vested with legislative authority on specified subjects and allotted fields of legislative power on taxation and they are given power to set up and administer their system of justice and maintain administration and welfare services in respect of the subjects enumerated in paragraph 3 of the Schedule, in particular in respect of land, revenue, forest, education, public health, etc.
Shri P A. Chowdhary, learned senior companynsel for the appellant, companytended that the Fifth and Sixth Schedules to the Constitution have been incorporated to protect the autonomy of the tribals and to evolve a separate scheme for the administration of tribal areas companyered thereunder.
The laws made thereunder shall be submitted to the Governor and they shall have numbereffect until the Governor gives assent to it, preceding the South eastern Areas Organisation Act, 1971 which came into effect w.e.f.
The matter was referred to a larger Bench of five learned Judges.
Equally, the Governor has power to withdraw or modify such powers companyferred on respective Councils.
WITH CIVIL APPEAL NO.1282 OF 1990 J U D G M E N T Ramaswamy A. No.
Paragraph 2 relates to companystitution of District and Regional Councils.
It was held that the Act being number in force in that area the numberice was without jurisdictions Thus, this appeal by special leave.
By judgment and order dated September 19, 1979, per majority of four learned Judges, though for different reasons, the Court had held that the Act does number apply to the Khasi Hills autonomous District the dissenting learned Judge had held that the Act would apply.
3140 of 1980 This appeal by certificate granted by the High Court of Gauhati arises from its judgment dated September 19, 1979 in Civil Rule No.82/73.
The District or Regional Councils have been companystituted therein with a view to vest in them the legislative power on specified subjects allotted in relevant paragraphs of the Schedules with a power of taxation and setting up of administration and system of justice to maintain administration and welfare services in respect of the subjects enumerated in the respective paragraphs.
