 the assam reorganisation blll no 1i1oflh9 (meghalaya) bill, 1969 arrangement of clauses part i clausl short title and commencement 2 definitions  part ii formation of the autonomous stata of meghalaya3 formation of meghalaya 4 executive power of meghalaya 5 extent of executive power of meghalaya 6 council of ministers 7 other provisions as to ministers 8 advocate-general for meghalaya 9 conduct of business 10 duties of chief minister as respects the furnishine of information to governor, etc  part iii thi lbgislatuu general11 constitution of the legislature of megllalaya 12 delimitation of constituencies 13 power of election commission to maintain delimitation orden u}>-to-date 14 electors and electoral rolls 15 right to vote 16 qualification for membership 17 election to the legislative assembly 18 duration of legislative assembly 19 sessions of legislative assembly, prorogation and dissolution 20 right of governor to address and send messages to legislative assembly 21 special address by the governor 22 rights of minister as respects legislative aisembly  officer, of the legidative auembly23 speaker and deputy speaker of legislative assembly 24 speaker and deputy speaker not to preside while a resolution for his removal from office is under consideration 25 secretariat of legislative assembly  conduct of btuiness26 oath or affirmation by members '1:1 voting in assembly, power of assembly to act notwithbtand~ ing vacancies and quon&iil  disqualifications oj members28 vacation of seats 29 disqualifications for membership 30 penalty for sitting and voting before making an oath or amr~ mation or when not qualified or when disqualified 31 powers, privileges, etc, of members 32 salaries and allowances of memben  legislative powers and procedure33 extent of legislative power 34 exemption from taxation of properties of the union and the state of assam and of certain vehicles registered in assam or meghalaya 35 inconsistency between laws made by parliament and laws made by the legislature of meghalaya 36 inconsistency between laws made by the legislature of the state of assam and laws made by the legislature of megbalaya 37 special provisions as to financial bills 3& procedure as to lapsing of bills 39 assent to bills 40 bills reserved for consideration 41 requirements as to sanction and recommendation to be regarded as matters of procedure only  procedure in financial matter&42 annual financial statement ~ procedure in legislative assembly with respect to estimates ·m appropriation bills 45 supplementary, additional or excess grants 46 votes on account and exceptional grant  procedure generally47 rules of procedure  • restrictions on discussion in the legislative auembly 49 courts not to enquire into the proceedings of legislative aaiembly legiblatit1e power of the governor 50 power of governor to promulgate ordinances during receii of legislative assembly  part iv financial provision's51 consolidated fund 52 contingency fund 53 custody of suitors' deposits and other moneys received by public servants and courts 54 custody, etc, of consolidated fund, contingency, fund and moneys credited to the public accounts 55 certain duties levied by assam to be approfjrtated by meghalaya 56 distribution of revenues 57 authorisation of expenditure pending its sanction by legislative assembly  part v assets and liabilltibi!j58 apportionment of assets and liabilities  part vi administrative relanons59 obligation of meghalaya, the state of assam and the union· 60 control over the autonomous state in certain casel 61 entrustment of functions  part vii tltansmonal pftovisions62 provisions as to provisional legislative assembly  part vol miscellaneous provisions63 special committee for development of shillong 64 provisions as to continuance of courts 65 provisions relating to services 66 continuance of existing laws and thelr adaptations 67 autonomous state to be a state for certain purposes of the constitution clau" se power of governments of assam and meghalaya to carry on trade, etc, in meghalaya 69 power to suspend provisions of this act in case of failure of constitutional machinery 70 construction of references to "state" and "state government" in other laws in relation to meghalaya 71 power to construe laws 72 effect of provisions of act inconsistent with other lawi 73 power to remove difficulties 74 amendment of -the sixth schedule 75 amendment of act 2 of 1934 76 amendment of act 37 of 1956 77 power to make rules the first schedule the &econd schedule the third schedule the fourth schedule  billto provide for the formation within the state of assam of an autonomo\18 state to be known as meghazaya and for matters connected tht-tewilth be it enacted by parliament in the twentieth year of the republic of india as follows:- part i preliminary5 1 (1) this 'act may be called the assam reorganisation laya) act, 1969 (2) it shall come into force on such date as the central ment may, by notification in the 0fficial gazette, appoint: (megha- short title and govern- commencement provided that different dates may be appointed for different provi-10 sions of this act 2 in this act, unless the context otherwise requires,-deftni-(a) "appointed day" means such date as the central government tiona may, by notification in the official gazette, appoint for the formation of the autonomous state; (b) "article" means an article of the constitution; 15 (c) "autonomous state" means the autonomous state of megh  -laya formed under section 3; (d) "constituency" means a territorial constituency provided by order made under section 12 for the purpose of election to the legislative assembly; 20 (e) "election commission" means the election commission appointed by the president under article 324; (f) "governor" means the governor of assam exercising his functions as governor in relation to meghalava by virtue of this act; (g) "law" includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument, having immediately before the appointed day, the force of law in the whole or in any part of the autonomous state; (h) "legislative assembly" meana the legislative aasembly of meghalaya; (i) ''meghalaya'' means the autonomous state referred to in section 3; (;) "member" means a member of the legislative assembly; 5 (k) "official gazette" means the official gazette of meghalaya or the gazette of india; and (l) "prescribed" means prescribed by rules made under this act  part ii formation of the autonomous state 01-' mbghalayaformation of meghalaya 3 (1) on and from the appointed day, there shall be formed within the state of assam an autonomous state to be known as meghalaya which shall, subject to the provisions of sub-section (2), comprise the following tribal areas, namely:-(i) the united kbasi-jaintia hills district as described in lub-is paragraph (2) of paragraph 20 of the sixth schedule to the constitution (exclusive of the proviso thereto) but excluding the areas transferred to the mikir hills autonomous district by the notification of the government of assam no tadir/31150/149 dated the 13th april, 1951, and (ii) the garo hills district specified in part a of the table appended to paragraph 20 aforesaid (2) if, before such date as the central government may, by notification in the official gazette, fix for the purpose not being a date later than the appointed day, the district council for the autonomous district zs of the north cachar hills or the mikir hills or both, as the ease may be, has or have by resolution passed by a majority of not less than twothirds of the members thereof expressed a desire that the said autonomous district or districts shall form part of meghalaya, the president may, by order, make a declaration to that effect and accordingly, on and 30 from the appointed day, the north cachar hills district or the miktr hills district or both, as the easf' may be shall also form part of meghalaya 4 (1) the executive power of meghalaya shall be vested in the governor and shall be exercised by him either directly or through 3' oftlcers subordinate to him in accordance with this act (2) nothing in this section shall-executive power of meehalay • (4) be deemed to transfer to the governor any functions conferred by any existing law on any other authority; or (b) prevent parliament or the legislature of the state of assam ,,0 or meghalaya from conferring by law functions on any authority subordinate to the governor s (1) subject to the provisions of this act, the executive power of extent meghalaya shall extend to the matters with respect to which the legisla- of ~xeture of meghalaya has power to make laws: cutlve power provi-ded that in any matter with respect to which the legislature of of 5 meghalaya, the legislature of the state of assam and parliament have melbapower to make laws, the executive power of meghalaya shall be subject laya to, and limited by the executive power expressly conferred by this act or by any law made by parliament upon the union or the state of assam or the authorities thereof or, as the case may be, by the legislature of lo the state of assam upon the state of assam or authorities thereof (2) on and from the appointed day, the executive power of the state of assam shall not extend, in relation to meghalaya, to the matters with respect to which the legislature of meghalaya has exclusive power to make laws under this act 15 (3) for the removal of doubts, it is hereby declared that, save as· otherwise provided in this act, the executive power of the state of assam shall, in relation to meghalaya, continue to extend to the matters with respect to which the legislature of meghalaya has no power to make laws 6 (1) there shall be a council of ministers with the chief minister coujt :ao at the head to aid and advise the governor in the exercise of his funcco ot tions in relation to meghalaya ministers (2) the question whether any, and if so, what, advice was tendered by ministers to the governor shall not be inquired into in any court 7 (1) the chief minister shall be appointed by the governor and the other 25 other ministers shall be appointed by the governor on the advice of the provi-chief minister and the ministers shall hold office during the pleasure of mona ~~~ ~ (2) the council of ministers shall be collectively responsible to the ters legislative assembly 30 (3) before a minister enters upon his office, the governor shall administer to him the oaths of office and of secrecy according to the form set out for this purpose in the first schedule (4) a minister who for any period of six consecutive months is not a member of the legislative assembly shall at the expiration of that period cease to be a minister " (5) the salaries and allowances of ministers shall be such as th e legislature of meghalaya may from time to time by law detennine and, until the legislature so determines, shall be determined by the governor s (1) the governor may, if he thinks fit to do so, appoint a person advo-40 who is qualified to be appointed a judge of a high court to be advocate- ~=~_ general for meghalay3 ral for (2) it shall be the duty of the advocate-general to give advice to the ~-government of meghalaya upon such legal matters, and to perform such  other duties of a legal character as may, from time to time, be refel"ced 4s or assigned to him by the governor, and to discharge the func~lon8 c?nferred on him by or under this act or any other law for the time bemg in force (3) the advocate-general shall hold office during the pleasure of the governor, and shall receive such remuneration as the governor may 50 determine 9 (j) all executive action of the government of meghalayashall be expressed to be taken in the name of the governor conduct 01 business (2) orders and other instruments made and executed in the name of the governor shall be authenticated in such manner as may be specified in rules to be made by the governor, and the validity of an order or ins-5 trument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the governor (3) the governor shall make i:ules for the more convenient tradiaction of the business of the government of meghalaya and for the ahoea-10 tion among ministers of the said business 10 it shall be the duty of the chief minister of meghalaya-(a) to communicate to the governor all decisions of the council of ministers relating to the administration of the affairs of ~alaya and proposals for legislation; is (b) to furnish such information relating to the administration of the affairs of meghalaya and proposals for legislation as the governor may call for; and (c) if the governor so requires, to submit for the consideration of the council of ministers any matter on which a decision has been 20 taken by a minister but which has not been considered by the council duties of chief minil· ter as respects the fur-dishing of information to governor etc ,  part iii the legislaturegeneral 25 11 (1) there shall be a legislature for meghalaya which shall consist of the governor and the legislative assembly (2) the total number of seats in the legislative assembly to be filled consti tution of the leala-iature of melhalaya by persons chosen by direct election from constituencies in meghalaya shall be fixed by the central government by nottfieation in the oftlclal 30 gazette after consultation with the election commission, but shall not be less than thirty-five or more than fifty-ftve (3) the governor may, if he i9 of opinion that any minority communities in meghalaya need representation in the legislative assembly and are not adequately represented therein, nominate not more than three 3s members of such communities, not being persons in the service of the government, to the legislative assembly - delimitation of constituenc1es 12 (1) the election commission shall, in the manner herein provided, distribute the total number of seats in the lepslative assembly as axed under sub-section (2) of section 11 to single member constituencies add 40 delimit them on the basis of the latest censull figures havin, regard to the fouowinic provitrions, namely:-(a) all constituencies shah as far as practicable consist of geographically compact areas and in delimiting them, regard shall be had to the physical features existing boundaries of admini8tra-4~ tive units, facilities of communication and pubuc convenience; (b) every constituency shall be so delimhed as to fall ouly within an assembly constituency of the legislative assembly of the state o{ as8am; (c) the population of each constituency shall, as far as practi s cable, be the same throughuut meghalaya (2) for the purpose of 8s5isting the election commimien ita the performance of its fundions under this section, the commission hh  ciate with itself such number of as~jate meftlbers not mceedid, five as the governor may nominate to represent mcghalaya: 10 provided that none of the associate loomber~ ·shall have a right to vote or to sign any decision of the election commission (3) if owing to death or resignation, the office of an associate member faus vacant, it shall be filled as soon as may be practicable by the governor in accordance with ijle provisions of sub-section (2) 15 (4) the election commission shall-(a) publish its proposals for the delimitation of constituencies, to gether with the dissenting proposals, if any, of any associate member who desires publication thereof in the official gstette and in such other manner as the commission may consider fit, together with a 20 notice inviting objections and suggestions in relation to' the proposals and specifying a date on or after which the proposals whl be further considered by it; (b) consider all objections and suggestions which may ba~ been received by it before the date so specified and for the purpose 25 of such consideration hold one or more public sittings at such place or places as it may think fit; (c) after considering all objections and suggestions whieh may have been received by it before the d'ltc so specified, determine by one or more orders the delimitation of constituencies and cause such 30 order or orders to be published in the official gazette; and upon such publication, the order or orders shall have the full force of law and stmll not be called in question in any court (5) as soon al!! may be after such publication, every such order shall be laid before the legislative assembly 35 (6) upon the completion of each census, thetota,l number of seats in the legislative assembly and the division of meghalaya into terri· torial constituencies shall be readjusted by such authority and in such mnnner as parliament may by law determine: provided that such readjustment shall not hffect represetitation in the 40 legislative assembly until the dissolution of tb~ then e:odsting a8sembl~' explanation-in this section "latest census figures" mean the census figures with respect to meghalaya ascertainable from the latest census of which the flnally pu blfshed flgurps nte avana hi" 11 (1) the election commission may, from time to tim~, by notiftca tion in the otftcial gazette,-(,,) correct any printing mistake in ftny order made under section 12 or any error arising therein from inadvertent slip or omis-~~; 5 power of election cornmis-ilion to maintain delimitatloa orden! up-todate, (b) where the boundaries or name of any territorial division mentioned in any such order arc or is altered, make such amendments as appear to it to be necessary or expedient for bringing such order up-to-date (2) every notification under this section shall be laid, as soon as may 10 be after it ia issued, before the legis1<ltive assembly i:lectoh and electoral rollll 43 of 15 1910 14 (1) the persons mtitled to vote at an election of members' shall be the persons entitled by virtue of the provisions of the constitution and the representation of the people act 1950 to be registered as voters at elections to the house of the people (2) the electoral roll for every constituency shall consist of so much of the electoral roll for an assembly constituency of the legislative assembly of the state of assam as relates to the areas comprised within each such constituency and it shall not be necessary to prepare or revise separately the electoral roll for any such constituency 20 hi,ht to vote 15 every person, whose name is for the time bein,g entered in th~ electoral roll for a constituency, shall be entitled to vote at the election of a member from that constituency 16 a person shall not be qualified to be chosem to fill a seat in th~ legirlativ~ assembly unless he-25 qualification for membership (a) ifl a citizen of india nnd makes and subscribes berlore som~ person authorised in that behalf iw the election commission an oath or atftnnation according to the form set out for the purpose in the p'irst schedule; (b) is not less than twenty-five years of age: and 30 (c) is an elector in :my ('onstituenry in meghalaya t'f the provision!! of part i chapters di and iv of part ii and part or; election to the ie-iiiiiatift allllembly m to xi of the representation of the people act, 1951, and of any rule~ 43 of and orders made thereunder for the time betng in force, shall apply to 1911 and in relation to the elections to the legislnth;e assembly of meghabya 35 as they apply to and ill relation to an election to the ra,~slative \sselnbly of a state, subject to such modiftcations as the pre'!ident may after coilmltation with th  ei~tior commission b:\, nrder direct 18 the legislative assembly unless soonf~r dissolved, shall continue for five years from th~ date appointed for its first meeting and no longer 40 and the expiration of the said perio-l i)f 1',,'0 "'''m~ sn;111 operatp as a dis- eolutlon of the legislative' assembly: duration of ielillative asernbl, provided that the said period ma~· while ::l proclamrtion t"ff emergency issued under clau~(' (1) of article 3')2 io; in :"'iperatjon he extended by parliament by law for :\ peri()~ not (,:"c(,ee-clint{ one year at a time nnd not 4~ extending in any case beyond n per;od of six months aftpt the proclamatfon has ceased to operate, 19 (1) the governor shall, from time tu time, summon the legisla- settive assembly to meet at such time and place as he thinks fit, but six al0m ot mol1ths shall not jntervene betwl;!l;!n its last sitting in one session and the~gj·· date appointed for its first sitting in the next session ~!~_ {2) the governor may, from time to time,-5 (a) prorogue the legislative assembly; biy, prorogation and dis-iolutlon (b) cusso1\c the legislative assembly 20 (1) the governor may address the legislative assembly and may ri,ht for: that purpose require the attendance of members at governor 10 (2) the governor may send messages to the legislative assembly, to addwhether with respect to a bill then pending in the legislative assembly ress or otherwise and when a message is so sent, th& legislative assembly and send shall with all convenient despatch consider any matter required by the =~ message to be taken into consideration to le gislative assembl, 15 n (1) at the commencement of the first session after eact general special election to the legislathre assembly and at the commencemmt of the addr8ls ftrst session of each year, the governor shall address the legislative by the assembly and inform the assembly of the causes of it summons governor (2) provision shall be made by the rules regulating the procedure of 20 the legislative assembly for the allotment of time for disc\li8ion of the matters referred to in such address 22 every ministel' and the advocate-general for meghalaya shall rights· have the right to speak in, and otherwise to take part in the proceedings ot mia of, the legislative assembly, and to speak in, and otherwise to take part lsters , 25 in the proceedings of, any committee of the legislative assembly of as rellwhich he may be named a member, but shall not, by virtue of this sec- i:;: tion, be entitled to vote lative assem- ovjrcers of the legislative assemblll bly23 (1) the legislative assembly shall, as soon as may be, choose two speaker 30 members of the assembly to be respectively speaker and deputy speaker and thel'eol and, so often as the office of speaker or deputy speaker becomes desppukty ea er vacant, the assembly shall choose another member to be speaker or of le,ia-deputy speaker, as the case may be lative ai •• iil-(2) a member holding office all speaker or deputy speaker of the bly 3s legislative assembly-(a) shall vacate his oflice i! he ceases to be a member of the assembly; (b) may at any time by writing under his hand addressed, i1 such member is the speaker, to the deputy speaker, and if such member is the deputy speaker, to the speaker, reaign hia office; and (c) may be removed from his office by a resolution of the legialative assembly passed by a majority of all the then memberll of the asembly: provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution: provided further that whenever the legislative assembly is dis· solved, the speaker shall not vacate his office until immediately before ~ the first meeting of the assembly after the dissolution (3) while the office of speaker is vacant, the duties of the office shall be performed by the deputy speaker or, if the office of deputy speaker is also vacant, by such member of the legislative assembly all the governor may appoint for the purpose 10 (4') during the absence of the speaker from any sitting of the legislative assembly, the deputy speaker or, if he is also absent, such person as may be determined by the rules of procedure of the legisl'stive assembly, or, if no such person is present, such other person as may be determined by thf' legislative assembly, shall act as speaker (5) there shall be paid to the speaker and the deputy speaker ot the legislative assembly such salaries and allowances as may be respectively fixed by the legislature of meghalaya by law and, until provision in that behalf is so made, such salaries and allowances as the governor may, by order, determine 20 speaker lind deputy speaker not to preside while 14 (1) at any sitting of the legislative assembly, while any resolution for the removal of the speaker from his oftice is under consideration, the speaker, or, while any resolution for the removal of the deputy speaker from his office is under consideration, the deputy speaker, shall not, though he is present, preside, and the provisions of 25 sub-section (4) of section 23 shall apply in relation to every such sitting as they apply in relation to a sitting from which the' speaker or, as thf'l case may be, the deputy speaker is ab!'lent i resolution for hw removal from oft\ce 1 under codiideration (2) the speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the legislative assembly while any 30 resolution for his removal from office is under consideration in the legislative assembly and shall, notwithstanding anything in section 2'1, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes 35 25, (1) the l(~~is]ative assembly shall have a sl'parate secretarial itaft seer tarlat of lelillattv aimmbi), (2) the legislatul't' of meghalaya may by law regulatt· the recruitment, and the conditions of service of persons appointed, to the gec-retartal staff of the- legislative assembly 40 (3) until provision is made by the legislature of meghalaya under s\tb-sectlon (2), the governor may, after consultation with the speakpr of the legislative as~emhly, make rules regulating the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the legislative assembly, and any rule~ so made shau have etrect sub-  5 ject to the provisions of any law made under the said sub-section 26 every member of the legislative assembly shall, before takiug oath or his seat, make and subscribe befotre the governor, or some person ap- affirmapointed in that behalf by him, a-n oath or at1lrm1ltion accordinf{ to the tion by 5 fonn set out for the purpose in the first schedule ::~-rz (1) save as otherwise provided in this act, all questions at any voting sitting of the legislative assembly shah be determined by a majority in assemof votes of the members present and voting other than the speaker or bly po\\'-person acting as such aer ot slem-10 (2) the speaker or person acting as such shall not vote in the first bly to instance, but &hall have and exercise a casting vote in the case of an ~~:h~t~~dequality of votes ing (3) the legislative assembly shall have power to act notwithstanding vncdsncies an any vacancy in the membership thereof, and any proceedings in the legis- quorum 15 lative assembly shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled so to do sat or voted or otherwise took part in the proceedings (4) until the legislature of mcghalaya by law otherwise provides, the quorum to constitute a meeting of the legislative assembly shall be 20 ten members (5) if at any time during a meeting of the legislative assembly there is no quorum, it shall be the duty of the speaker or person acting as such either to adjourn the assembly or suspend the meeting until there' i!'i a quorum  disqualifications of members28 (1) no person shall be a member of parliament or of the legis- vaealative assembly of the state of auam and also of the legislative tion of assembly of meghalaya, and if a person is chosen a member of parha- leata ment or of the legislative assembly of assam and also of the legislative assembly of meghalaya, then, at the expiration of such period, as 30 may be specified in rules made by the president, that person's seat in parltanumt or,as the case may be, in the legislative assembly of asaam shall become vacant unless he has previously resigned his seat in the legislative assembly of meahalaya 35 (2) if !l member of the legislative assembly-(4) becomes subject to any of the disqualifications mentioned in section 29, or (b) resigns his seat by writing under his hand addressed to the speaker, 40 his seat shall thereupon become vacant (3) if for a period of sixty days a member of the legislative assembly is without permi'ssion of the legislative assembly absent from u meetings thereof, the assembly may declare his seat vacant: provided that in computing the said period of sixty days no account f5 shall be taken of any period during which the legislative asaetnbly is proroeued or is adjourned for more than four consecutive day • disquali-28 (1) a person shall be disqualified for being chosen as, and for being, a member of the legislative assembly,-ftcation~ for memh(~i'­ship government of government of legislature of 5 (a) if he holds any office of profit under the india or the government of any state or the meghalaya other than an office declared by the meihalaya by law not to disqualify its holder; or (b) if he is of unsound mind and stands so declared by a competent court; (c) if he is an undischarged insolvent; (d) if he is not a citizen of india, or has voluntarily acquired the 10 citizenship of a foreign state or is under any acknowleidgement of allegiance or adherence to a foreign state;  (e) if he is so disqualified by or under any of the provisions of chapter iii of part ii of the representation of the people act, 1951, as applied to and in relation to the legislative assembly by section 17 (2) for the purposes of this section, a person shall not be deemed to hold an office of profit under the government of india or the government of any state or the government of meghalaya by reason only, that he is a minister either for the union or for such state or for 20 meghalaya (3) if any question arises as to whether a member has become disqualified for being such a memher under the provisions of sub-section (1) the question shall be refen-ed for the decision of the governor and his decision shall be final (4) before giving any decision on any such question, the governor shall obtain the opinion of the election commission and shall act according to such opinion 30 if a person sits or votes as a member of the legislative assembly before he has complied with the requirements of section 26 or when 30 he knows that he is not qualified or that he is disqualified for membership thereof, or that he is prohibited from so doing by the provisions of any law made by parliament or the legislature of meghalaya, he shall be liable in respect of each day on which he so sits or votes, to a penalty of five hutldred rupees to he recovered as a deht due to meghalaya 35 penalty for sitting and votin, before makin, an oath or affirmation or when not qualifled or when dilqualifted powers, privileges etc, of members 31 (1) subject to the provlslons of this act and to the rules and standing orders regulating the procedure of the legislature of megha]aya there shall be freedom of speech in the legislative assembly of meghalaya (2) no member of the legislative assembly of meghalaya shall be afl liable to any proceedings in any court in respect of anythini said or any vote etc iivi!n by him in the assembly or any committee thereof, and no person shall be so liabl~ in respect of the publication by or under the authority of the assembly of any report, paper, votes or proceedings (3) in other respects, the powers, privileges and immunities of the 5 legislative assembly and of the members and the committees thereof shall be sueh as may from time to time be defined by the legislature of meghalaya by law, and until so defined, shall be those for the time being enjoyed by the house of the people and its members and committees (4) the provisions of sub-sections (1), (2) and (1) shall apply in 10 relation to persons who by virtue of this act have the right to speak in, or otherwise to take part in the proceedings of, the legislative assembly 'ot any committee thereof as they apply in relation to members of that assembly 32 members of the legislative assembly shall be entitled to receive salaries 15 such salaries and allowances as may froml time to time be determined by and the legislature of meghalaya by law and, until provision in that respect allowani~ eo made, such salaries and allowances as the governor may, ,by order ::;~rs determine  legislative powers and procedure20 33 (1) subject to the provisions of this act, the legislature of megha- extent laya has ·exclusive power to make laws for meghalaya or any part there- of ,legisof with respect to 'anv of the matters enumerated in part a or part b ot laptlve  ower the second schedule: provided that the exclusive power of the legishture of meghalaya 25 lo make laws in so far as it relates to that part of the area comprised within the municipality of shillong as immediately before the commencement of the constitution formed p~rt of the khasi state of mylliem, shall extend only to matters with respect to which the district council having authority in that area has power to make laws (in whatever (orm it may 30 be) immediately before the appointed day in exercise of any of the powers conferred by the sixth schedule to the constitution  (2) subject to the provisions of this act, the legislature of meghalayr and the legislature of the state of assam also shall have power to make laws for meghalaya or any part thereof with respect to any of the mat-35 ten enumerated in part c of the second schedule: provided that the powej: of the legislature of meghalaya to make any such law shall not extend to the area comprised within the municipality of shiilong which immediately before the commencement of the constitution forme~ part of the khasi state of mylliem 40 (3) for the removal of doubts it is hereby declared that nothing in sub-section (1) or sub-section (2) shall derogate from the powers conferred by the constitution-(a) on parliament to make laws for the whole or any part of the state of assam, including meghalaya, with respect to any of the mattt'r~ enumerated in the second schedule; or 45 (b) on the legislature of the state of assam to make laws for the whole or any part of assam, including meghalaya, with respect to any of the matters enumerated in list ii or list iii in the seventh schedule to the constitution except in so far as any of the matters aforesaid falls within sub-section (1) 5 34 (1) the property of the union shall; save in so far as parliament may by law otherwise provide, be exempt from all taxes imposed by meghalaya or by any authority within meghalaya (2) nothing in sub-section (1) shall, until parliament by law otherwise provides, prevent any authority within meghalaya from levying aoy tax 10 on any property of the union to which such property was immediately before the commencement of this act liable or treated as hable 1h) long r~ that tax continues to be levied in meghalaya (3) the property of the state of assam shall, so long as the property of meghalaya in the rest of assam is exempt from taxes imposed by the 15 government of assam or by any authority within the state of assam, be exempt from all taxes imposed by meghalaya or by any authority within meghalaya exemption from taxation of propertie! of the union and the state of as!lnm and of certain vehicles l"egi!-tered ill assam or meghalaya (4) no vehicle registered at any place in the state of assam not being a place in meghalaya, and transiting through meghalaya shall be liable 20 to any tax under any law enacted by thp 'leogi!!lature of meghalaya so long as any vehicle registered at any place in meghnlayfl and transiting through the territory of assa~ (not comprised in meghalaya) is exempt from payment of any tax under any law enacted by the legislature of the state of assam 25 35 (1) if any provision of a law made by the legislature of meghalaya is repugnant to any provision of a law made by parliament which parliament is competent to enact, or to any provision of any existing law with respect to one of the matters enumerated in the concurrent list in the seventh schedule to the constitution then, subject to the provi-30 !'dons of sub-section (2), the law made by parliament, whether passed before or after the law made by the legislature of meghalaya cr, as the case may be, the existin,g law shall prevail and the law made by the legislature of mcghalaya shall, to the extent of the repugnancy, be v'oi9 inc'onsistency between laws made by parliament and laws made by the legislature of meghalaya (2) where a law made by the legislature of meghalaya with respect 35 to one of the matters enumerated in the concurrent list in the seventh schedule to the constitution which the legislature of meghalaya is competent to enact under this act contains any provision repugnant to the provisions of an earlier law made by parliament or an existing law with respect to that matter, then, the law so made by the legislature of me· 40 ~halaya shall if it has been reserved for the consideration of the prec;jdent and has received his assent prevail in meghalaya: provided that nothing in this sub-section shah prevent parliament from enacting at any time anv law with respect to the same matter includin~ fl lrw adding to amending varyin~ or r6pealin~ the law so mad-e by th£' 45 legislaturf' of me~halhya ii where a law made by the legislature of meghalaya with respect inconabto one of the matters enumerated in part c of the second schedule con- tency tains any provision repugnant to the provision of an earlier law made by :een the legislatw'e of the s~ate of assam which that leg151ature is competent made by , to enact, or to any prllvision of any existing law with respect to that mat- the legiater, then, the law so made by the legislature of meghalaya shall, to the lature of extent of the repugnancy, be void unless the law has received assent !~e!:~ under section 39 a~r the governor has obtained the advice of the chief and laws minister of assam: made by i the 10 provided that nothing contained in this section shall prevent the legis- ~lisla-iture of the state of assam from enacting at any time any law with o~~ba­respect to the same matter including a law adding to, amending, varying la;ya or repealing the law so made by the legislatw'e of meghalaya explanation j -in this section and in sections 35 and 59 "existing law" 15 means any law, ordinance, order, bye-law, rule or regulation passed or made before the appointed day by any leigislatw'e, authority or person having power to make such a law, ordinance, order, bye-law, rule or regulation i explanation 2-1n this section and in secti<ms 39 and 50, the refer-20 ence to the advice of the chief minister of assam shall, while a proclamation issued in relation to the state of assam under clause (1) of article 356 of the constitution is in operation, be construed as a reference to the instructions from the president 37 (1) a bill or amendment shall not be introduced into, or moved special 2s in, the leiislative assembly except on the recommendation of the gov- proviernor if such bill or amendment makes provisions dealing with any of sions u the following matters, namely:-~flnanl but"' cia umi (a) the imposition, abolition, remission, alteration or regulation of any tax; 30 (b) the regulation of the borrowing of money or the giving of any guarantee by meghalaya, or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by meghalayaj (c) the custody of the consolidated fund or the contingency 35 fund of meghalaya, the payment of moneys into, or withdrawal of moneys from, any such fundj (d) the appropriation of moneys out of the consolidated fund of meghalayaj (e) the declaring of any expenditure to be expenditure charged ",0 on the consolidated fund of meghalaya, or the increasing of the amount of any such expenditurej <f) the receipt of money on account of the consolidated fund of meghalaya or the public account of meghalaya or the custody or issue of such money: 45 provided that no recommendation shall be required under this subsejction for the moving of an amendment making provision for the reciuction or abolition of any tax (2) a bill or amendment shall not be deemed to make provision for any of the matters specified in sub-section (1) by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, al-5 teration or regulation of any tax by any local authority or body for local purposes (3) a bill, which, if enacted and brought into operation, would involve expenditure from the consolidated fund of meghalaya, shall not be passed by the legislative assembly unless the governor has recom- 10; mended to the assembly the consideration of the bill 38 a bill pending in the legislative assembly shall not lapse by reason of the prorogation of the assembly, but shall lapse on a dissolution thereof pr0-cedure as to lapsing of bills assent to billj 39 when a bill has been passed by the legislative assembly, it shall is be presented to the governor and the governor shall 'declare either that he assents to the bill or that he withholds assent thehefrom or that he reserves the bill for the consideration of the president: provided that the governor may, as soon as possible after the presentation to him of the bill for assent, return the bill if it is not a money :30 bill together with a message requesting that the legislative assembly will reconsider the bill 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 a bill is so returned the legislative assembly shall reconsider the bill accordingly, and if the 25 bill is passed again by the assembly with or without amendment 'and presented to the governor for assent, the governor shall not-(a) give assent in the case of a bill containing provisions of the nature referred to in section 36 except after obtaining the advice 01 the chief minister of assam; 30 (b) withhold assent in the case of any other bill explanation-for the purposes of this section and section 40, a bill shall be deemed to be a money bill if it contains only provisions dealing with all or any of the matters specified in sub-section (1) of section 37 or any matter incidental to any of those matters and there is endorsed 35 thereon the certificate of the speaker of the legislative assembly signed by him that it is a money bill: provided that a bill shall not be deemed to be a money bill by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for ser-040 vices rendered or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes bill 40 when a bill is reserved by the governor for the consideration of reserved the president, the president shall declare either that he assents to the 045'· for con-bill or that he withholds ass,ent therefrom: deration provided that where the bill is not a money bill, the president may direct the governor to return the bill to the legislative assembly together with such a message as is referred to in section 39, and when a bill is so returned, the legislative assembly shall reconsider it accord-singly within a period of six months from the date of receipt of such message, and if it is again passed by the legislative assembly with or without amendment, it s1')a11 be presented again to the president for his consideration '1 no act of the legislature of meghalaya and no provision in any require-10 such act shall be invalid by reason only that some recommendation or menu previous sanction required by the constitution or this act was nots to given, if assent to that act was givensandction an re-(a) where the recommendation required was that of the gover- commennor, either by the governor or by the president; dation to be 15 (b) where the recommendation or previous sanction required regardwas that of the president, by the president eel as matters ot proce-procedure in financial matter dure only 42 (1) the governor shall in respect of every financial ye'ar cause annual to be laid before the legislative assembly a statement <1f the estimat~d finan-20 receipts and expenditure of meghalaya for that year, hereinafter refer- cial red to as "the annual financial statement" :=-(2) the estimates of expenditure embodied in the annual financial statement shall show separately-(a) the sums required to meet expenditure described by this 25 act as expenditure charged upon the consolidated fund of meghalaya; and (b) the' sums required to meet other expenditure proposed to be made from the consolidated fund of meghalaya, and shall distinguish expenditure on revenue account from other 30 expenditure (3) the following-, 1 "lditure shall be expenditure charged upon  the consolidated fund 'i~: meghalaya-(a) the salaries and allowances of the speaker and the deputy speaker of the legislative assembly; 3s (b) debt charjjtes for which the autonomous state is liable including interest, sinking fund charges and redemption charges, and other expenditure relating to the raising of loans and the service and redemption of debt; (c) any sums required to satisfy any judgement, decree or 40  award of any court or arbitral tribunal; and (d) any other expenditure declared by the cobstitution or by the legislature of meghalaya to be so charged 43 (1) so much of the estimates as relates to expenditure charged proceupon the consolidated fund of mejjthalaya shall not be submitted to the d~ in 45 vote of the legislative assembly, but nothing in this sub-section shall ::j~:­aaiembly with respect to est!-maw be construed as preventing the discussion in the legislative assembly of any of those estimates (2) so much of the said estimates as relates to other expenditure shall be submitted in the form of demands for grants to the legislative assembly, and the legislative assembly shall have power to assent, or 5 to refuse to assent, to any demand, or to assent to any demand subject to a reduction of the amount specified therein (3) no demand for a grant shall be made except on the recommendation of the governor appropriation bi11& 44 (1) as so'on as may be after the grants under section 43 have 10 been made by the legislative assembly, there shall be introduced a b1ll to provide for the appropriation out of the consolidated fund of meghalaya of all moneys required to meet-(a) the grants so made by the legislative assembly; and (b) the expenditure charged on the consolidated fund of is meghalaya, but not exceeding in any case the amount shown in the statement previously laid before the assembly (2) no amendment shall be proposed to any such bill in the legislative assembly which will have the effect of varying the amount or alter-20 ing the destination of any grant so made or of varying the amount of any expenditure charged on the consolidated fund of meghalaya, and the decision of the person presiding as to whether an amendment is inadmissible under this sub-section shall be final (3) subject to the provisions of sections 45 anod 46, no money shall 25 be withdrawn from the consolidated fund of meghalaya except under appropriation made by law passed in accordance with the provisions of this section 45 (1) the governor shall,-supplementary, addltionalor ucesl gants (a) if the amount authorised by any law made in accordance 30 with the provisions of section 44 to be expended for a particular service for the current financial year is found to be insufficient for the purpose of that year or when a need has arisen during the current financial year for supplementary or additional expenditure upon some new service not contemplated in the annual financial 3' statement for that year, or (b) if any money has been spent on any service during a ftnan~ cial year in excess of the amount granted for that service and for that year, cause to be laid before the legis:ative assembly another statement show'~ 40 ing the estimated amount of that expenditure or cause to be presented to the legislative assembly a demand for such excess, as the case may be (2) the provisions of sections 42, 43 and 44 shall have effect in relation to any such statement and expenditure or demand and also to any 4s law to be made authorising the appropriation of moneys out of the consolidated fund of meghalaya to meet such expenditure or the grant in respect of such demand as they have effect in relation to the annual financial statement and the expenditure mentioned therein or to a demand for a grant and the law to be made for the authorisation of appropriation of moneys out of the consolidated fund of meghalaya to s meet such expenditure or grant 46 (1) notwithstanding anything in the foregoing provisions of votel this part, the legislative assembly shall have poweron     account (a) to make any grant in advance in respect of the t;'c;bmated and expenditure for a part of any financial year pending the completion excep-10 (1f the procedure prescribed in section 43 for the voting of such grant tiona! and the passing of the law in accordance with the provisions of sec- grant tion 44 in relation to that expenditure; (b) to make a grant for meeting an unexpected demand upon the resources of the autonomous state when on account of the magni· 15 tude or the indefinite character of the service the demand cannot be stated with the details ordinarily given in an annual financial statement; (c) to make an exceptional grant which forms no part of the current service of any financial year; 20 and the legislature of meghalaya shall have power to authorise by law the withdrawal of moneys from the conso'lidated fund of meghalaya for the purpose for which the said grants are made (2) the provisions of sections 43 and 44 shall have eft'ect in relation to the making of any grant under sub-section (1) and to any law to be 25 made under that sub-section, as they have effect in relation to the making of a grant with regard to any expenditure mentioned in the annual financial statement and the law to be made for the authorisation of appropriation of moneys out of the consolidated fund of meghalaya to meet such expenditure 30 procedure gtmerally 47 (1) the legislative assembly may make rules for regul&tfng, mb- rulesot ject to the provisions of this act, its procedure and the conduct of its proce· business including the language or languages to be used in the legislative dure assembly 35 (2) until ru11'5 are made under sub-section (1), the rule~ of proepdure and standing orders with respect to the lerislative as~embly of the state of assam in force immedirtely before the commencement of this act ~hal1 have effect in relation to the legislative assembly imbject to such modifications and adaptations as may be made therein by the governor 40 48 no discussion shal1 take place in the-le~slative a~semblv with restricrespect to the conduct of any junge of the ~unr~me court, or of ~ high ~ona o~ court, in the discharge of his duties in sc~:lllon legislative a!sembly 49 (1) the validity of any proceedings in the legislative a!'i~embly court8 shan not be called in que-stion on the ground of any allered irrelnjlarlty not to ~f ed ~~ o proc ure into the proceed-(2) no offtcer or member of the lerislative a!'i8embly in whom powet~ ~:i~~! are ve!'lt!"d by or under this act for regulating procedure or the conduct tive of business or for mgintaining order in the tjelrislative assemblv  hall aaeembly be subject to the jurisdiction ot any court in respect ot the exerclse by him of those powers  legislative power 01 the governorpow'erot 50 (i) if at any time, except when the legislative assembly is in governor session, tht! governor is satisfied that circumstances exist which render s ~oa:omu1- it necessary for him to take immediate action, he may promulgate such ordi-ordinances as the circumstances appear to him to require: nance during provided that the governor shall not without instructions from the receaaof president, promulgate any such ordinance, if-legialative assembly (a) a bill containing the same provisions would under the cons-10 titution or this act have required the previous sanction of the president for the introduction thereof into the legislative assembly of meghalaya; or (b) he would have deemed it necessary to reserve a bill con taining the same provisions for the consideration of the president; or is (c) an act of the legislature of meghalaya containing the same provisions would under this act have been invalid unless, having been reserved for the consideration of the president, it had received the assent of the president: provided further that the governor shall not, except on the advice of 20 the chief minister of assam, promulgate any such ordinance if with respect to a bill containing the same provisions he would have deemed it necessary under this act to obtain the advice of the chief minister before assenting thereto (2) an ordinance promulgated under this section shall have the same 2s force and effect as an act of the legislative assembly assented to by the governor, but every such ordinance--(a) shall be laid before the legislative assembly and shall cease to operate at the expiration of six weeks from the reassembly of the legislative assembly or if before the expiration of that period a 30 resolution disapproving it is passed by the legislative assembly, upon the passing of the resolution; and (b) may be withdrawn at any time by the governor (3) if and so far as an ordinance under this section makes any provision which would not be valid if enacted in an act of the legislature of 3s meghalaya assented to by the governor, it shall be void: provided that-(a) for the purposes of section 35 relating to the effect of an act of the legislature of meghalaya, which is repugnant to an act of parliament or an existing law with respect to a matter enumerated 40 in the concurrent list in the seventh schedule to the constitution, an ordinance promulgated under this section in pursuance of instructions from the president shall be deemed to be an act of the legislature which has been reserved for the consideration of the president and assented to by him; (b) for the purpoaes of section 36 relating to the effect of an act of the legislature of meghalaya which is repugnant to an act of the legislatul'e of the state of assam or an existing law with respect to a matter enumerated in part c of the second schedule, an ordinance promulgated under this section on the advice of the chief minister of assam shall be deemed to be an act of the legislature which has been assented to on the advice of the chief minister  part iv financial provisions10 51 (1) subject to the provisions of section 52, all revenue received by conloll the government of meghalaya, all loans raised by that government by dated the issue of treasury bills, loans or ways and means advances and all fund moneys received iby that government in repayment of loans shall form one consolidated fund to be entitled "the consolidated fund of meghalaya" is (2) all other public moneys received by or on behalf of the government of meghalaya shall be credited to the public account of meghalaya (3) no moneys out of the consolidated fund of meghalaya shall be appropriated except in accordance with law and for the purposes and in the manner provided in this act 20 52 the legislature of meghalaya may, by law, establish a contingency contin-fund in the nature of an imprest to be entitled "the contingency fund gency of meghalaya" into which shall be paid from time to time such sums fund as may be determined by such law, and the said fund shall be placed at the disposal of the governor to enable advances to be made by him out 25 of such fund for the purposes of meeting unforeseen expenditure pending authorisation of such expenditure by the legislature of meghalaya by law under section 45 or section 46 30 53 all moneys received by or deposited with-custody (a) any officer employed in connection with the affairs of of s,ui meghalaya in his capacity as such, other than revenues or public ~::osita moneys raised or received by the government of meghalaya, or and other (b) any court within meghalaya to the credit of any cause, money matter, account or perlons, received by pubshall be paid into the public account of meghalaya lic ervanta end courtl 35 54 the custody of the consolidated fund and the contingency fund custody, of megbalaya, the payment of moneys into such funds, the withdrawal etc, of of moneys therefrom, the custody of public moneys other than those consolicredited to such funds received by or on behalf of the government of ~e: meghalaya, their payment into the public account of meghalaya and the contino 40 withdrawal of moneys from such account and all other matters connected gency with or ancillary to matters aforesaid shall be regulated by law made by fund the legislature of meghalaya, and, until provision in that behalf is so and money made, shall be regulated by rules made by the governor credit ed to the public accounts certaintaxes levied by assam to be appropriated by meihalaya 55 (1) notwithstanding anything contained in this act, any tax on the consumption or sale of electricity relatable to entry 53 in the state list in the seventh schedule to the constitution, and any tax on the sale or purchase of goods relatable to entry 54 in the said list levied by the government of assam shall be collected within meghalaya but not in-s eluding any area comprised within the municipality of shillong by the government of meghalaya, and the proceeds in any financial year of any such tax leviable within meghalaya shall not form part of the consolidated fund of ass3m, but shall form part of the consolidated fund of meehalaya 10 (2) where a tax relatable to cntry 54 in the state list aforesaid levied by the government of assam is collected by that government at the first point of sale or purchase of goods, such portion of the tax so collected as may be agreed upon by the governments of assam and meghalaya or in default of such agreement, as the central government may determine, is shall be payable to meghalaya (3) the laws with respect to the taxes referred to in sub-section (1) shall have effect subject to such exceptions and modifications as the central government, may, by order, specify for the purpose of giving effect to the provision of that sub-section 20 distribution o'! reve· nue • 56 (1) the vants-in-aid under clause (1) of article 275 and the share of the taxes on income, the distributable union duties of excise, the additional duties of excise on &,oods of spc(!ial importance and estate duty payable to the state of assam under the constitution (distribution of revenues) order, 1969, the union duties of excise (distribution) act, 25 1962, the additional duties of excise (goods of special importance) act, 3 of lq6j 1957 and the estate duty (distribution) '\ct, 1962, shall be construed, as !lb ot 19'7 from the appointed day, as payable to the state of assam and the auto-9 ot 1q82 nomous state of meh&"alaya in such proportion as the preisident may, by order, determine 30 (2) every order made by the president under sub-section (1) shall be laid before parliament as 800n as may be after it is made 57 the governor may, at any time before the appointed day, authorise such expenditure from the consolidated fund of meghalaya as he deems necessary for a period of not more than six months beginning with the 3' appointed day pending the sanction of that expenditure by the legislative assembly: authorisation of e%penditure pendinl ita sane· tim by lelilative auembl1· provided that the governor may, after the appointed day, authorise such further expenditure as he deems necessary from the consolidated fund of meghalaya for any period not extending beyond the said period 40 of six months  part v aneta and liabilities58 the assets and liabilities of the state of assam immediately before the appointed day shall be apportioned between that state and meghalaya 45 in accordance with the provisions contained in the third schedule apportiod-mentol aueta and llabiliti   part vi administrative relationi51 the executive power of meghalaya shall be so exercised as to oblipensure compliance with the laws made by parliament, the legislature tion of 5 of the state of assam and any existing laws which apply in meghalaya, mechaand the executive power of the union and of the state of assam shall laya, the extend to the giving of such directions to meghalaya as may appear to astate of s8am the government of india or the government of assam, as the case may and the be to be necessary for that purpose union 10 00 the executive power of meghalaya shall be so exercised as control not to impede or prejudice the exercise of the executiv~ power of the over the union or the government of assam, as the case may be, and the execu- autonotive power of the union and the state of assam shall extend to the ~~~ i giving of such directions to meghalaya as may appear to the govern- cert:; is ment of india or the government of assam, as the case may be, to be cases necessary for that purpose 61 notwithstanding anything in this act,-entrust-20 (a) the government of assam may, with the consent of the ~e~t government of meghalaya, entrust either conditionally or uncondi- ~ion~c­tionally to that government or to its officers functions in relation to any matter to which the executive power of the state of assam extends: (b) the government of meghalaya mlly, with the consent of the government of assam, entrust either conditionally or unconditionally to that government or to its officers functions in relation to any matter to which the executive power of meghalaya extends  part vii transitional provisions62 (1) until the legislative assembly of megbalaya bas been provl-30 duly constituted and summoned to meet for the first session under siona u the provisions of part m, there shall be a provisional legislative to provl-assembly which shall consist of not less than thirty-five and not more ~:a­than fifty-five persons as the central government may, after consulta- tiv tion with the election commission, by order, determine, and such per- aem-35 lions shall be elected in the manner specified in sub-section (2) bly (2) subject to the provisions of sub-section (1), the members of the provisional legislative assembly shall be elected in the followinc manner, namely:-(a) there shall be an electoral college for each autonomous district within meghalaya which shall consist of the elected members of the district council thereof, and each electoral college shall elect such number of persons to the provisional legislative assembly a5 the president may, after con~ultation with the election commission, by order, determine; 45 (b) the election of members to the provisional legillauve ;asaemhlv shall be in accordance with the system of propertional representation by means of the single transferable vote and shall be subject to such rules as the central government may, after consultation with the' election commission, make' in this behalf :5 (3) the central government may nominate to the provisional legislative assembly not more than three persons, not being persodi in the service of the government, to represent any minority communities in meghalaya which in its opinion need representation in the assembly, (4) no person shall be qualified to be chosen as a member of the provisional legislative assembly unless he is a person whose name is for the time being entered in the electoral roll for so much of any 10 constituency of the legislative assembly of assam as is comprised within meghalaya and is not less than twenty-five years of age (5) if owing to death, resignation or otherwise, the office of a member of the provisional legislative assembly falls vacant, it may be filled up as soon as practicable under and in accordance with the foregoing is provisions of this section (6) the term of office of the members of the provisional legislative assembly shall expire immediately before the first meeting of the legislatjve assembly duly constituted under this act (7) the election by the electoral college under this section shall not 20 be called in question on the ground merely of the existence of a vacancy in the membership of any district council forming part of the electoral college (8) the provisional legislative assembly constituted under this section shall, for so long it is in existence, be deemed to be the legis- 25 lative assembly duly constituted under this act, and accordingly the provisions of part iii shall, so far as may be, apply in relation to the provisional legislative assembly as they apply in relation to the legislative assembly  part viii miscellaneous provisionscommitdevelop-13 the central government may, in consultation with the governmenta of assam and meghalaya, by order, constitute a committee consisting of such number of persons as it may think fit for advising the two governments on matters of common interest with respect to 3s shillong in the field of education and water supply in particular, and with respect to its development and administration in general explanatwn-in this section, shillong shall mean the areas comprised within the cantonment and municipality of shillong and include such other areas adjoining the said cantonment or municipality as may 40 be agreed upon by the governments of assam and meghalaya in this behalf proviliona  to conti nuance of courta  all courts and tribuna]s and all authorities discharging lawful functions throughout meghalaya or any part thereof immediately before the appointed day shall, unless their continuance is inconsistent with the 45 provisions of this act or until other provision is made by a com;etent authority, continue to exercise their respective functions 65 (l? ever~ person who being a member of an all-india service is provi for the time bemg borne on the assam state cadre of that service or is siam otherwise serving in connection with the affairs of the state of assam relating as a member of class i service of that state may be required by the to er· s government of that state to serve in connection with the affairs of vices meghalaya for such period or periods as the government ot assam may, by order, direct: provided that no such order shall be made-(a) before the appointed day, except with the approval of the 10 central government; and (b) on or after the appointed day, except after consulting the government of meghalaya (2) subject to any general or special order which the central government may make in this behalf, the control over any such person as 15 is referred to in sub-section (1) shall, for so long as he is required to serve in connection with the affairs of meghalaya, be vested :n the government of meghalaya (3) such persons serving in connection with the affairs of the state of assam immediately before the appointed day, not being a person 20 referred to in sub·section (1), as may be determined by agreement between the government of assam and the government of meghalaya or in default of agreement, by the central government, may, notwithstanding anything in the terms of their appointments or their conditions of service, be required to serve in connection with the affairs of the auto-25 nomous state (4) all previous service rendererl by a person referred to in sub-»ection (3) in connection with the affairs of the state of assam shall be dee~ed to have been rendered in connection with the affairs of the autonomous state for the purposes of the rules re~ulating his conditions 30 of service (5) nothing in sub-sections (3) and (4) shall be deemed to affect the power of the legislature of meghalaya or the governor to determine the conditions of service of persons serving in connection with the affairs of meghalaya: 3s provided that the conditions of service applicable immediately before the appointed day to any person referred to in sub-section (3) shall not be varied to his disadvantage except with the previous apprctval of the government of assam 66 (1) all laws in force immediately before the appointed day in conti-40 the autonomous statp shall continue to br in force th~rein until altered, nuance at repealed or amended by a competent legislature or other competent existin,  laws and authorlty their (2) for the purpose of facilitating the application in relation to the adapta autonomous state of any jaw made before the appointed day, the approtlo!1l 4s priate government may, within two years from that day, by order, make such adaptations or modifications of the law whether by way at repeal or amendment as may be necessary or expedient and thereupon ev('ry such law shall have effect subject to the adaptatifij1s nnd modification!' so made until altered, repealed or amended by 8 competent legislaturp or other competent authority ezplanation_-in this section, the expression "appropriate government" mears as respects any law relating to a matter enumerated in the union list in the seventh schedule to the constitution, the central 5 government, as respects any law relating to a matter in the second schedule, the government of meghalaya, and, as respects any other law the government of assam 67 subject to the other provisions contained in this act, reference to a state (by whatever form of words) in any of the following articles of 10 the constitution shall be construed as including a reference to the autonomous state, namely:-autonomou state to bea state tor certaln purposes 01 the conatitution articles 12 to 15 (inclusive), 16 [except clause (3) thereof], 18, 19, 23, 25, 28 to 31 (inclusive), 31a, 34 to 51 (inclusive), 58, 59, 66, 73, 102, 110(1) <f), 131, 138, 149, 150, 151, 161, 209, 210, 233, 234, 235, 237, 251, is 252, 256 to 258a (inclusive), 261, 262, 263, 268, 269, 270, 272, 274 to 280 (inclusive), 282, 288, 289, 293, 296, 298 to 305 (inclusive), 308 to 311 (inclusive), 320, 323(2), 324 to 329 (inclusive), 339 to 342 (inclusive), 345 to 348 (inclusive), 350, 350a, 350b, 353, 355 to 358 (inclusive), 360, 361, 364 to 367 (inclusive), 20 expla1l4tion-reference in any of the articles above specified to the high court or to the state public service commission shall be construed as reference to the high court of assam or the public service commission of the state of assam as the case may be 61 (1) the executive power which the government of assam may 25 exercise under article 298 in meghalaya for the carrying 011 of any trade or business and for the acquisition, holding and disposal of property and the making of contracts for any purpose shall, in so far as such trade or business or such purpose is not one with respect to which the legislature of the state of assam may make laws, be subject to legisla-30 tion by the legislature of meghalaya power otoovernments ot assam and meghalaya to carryon trade, etc, in me,halaya (2) the executive power which the government of meghalaya may exercise under article 298 in meghalaya for the carrying on of any trade or business and for the acquisition, holding and disposal of property and the making of contracts for any purpose shall, in so far as such trade 35 or business or such purpose is not one with respect to which the legi lature of meghalaya may make laws, be subject also to legislation by the legislature of the state of assam u where a proclamation is issued under article 356 in rebpect of meghalaya the president may, by the same proclamation or a subsequent 40 proclamation varying it, suspend also, in whole or in part, the operation of any of the provisions of this act power to suspend prov!-siomot this act in cue c1ftaflureot codstitutiona! maehlnery 70 without prejudice to the provisions of sections 66 and 71 the cojwtne central government may, after consulting the government of assam, tion of by notification in the official gazette, declare that any reference toa referen_ "state" in a central act specified in the notification shall, in its appli- ::a=-, 5 cation to meghalaya, be construed as a reference to the whole or any and part of meghalaya and any reference to "state government" in a "state central act specified in the notification shall in its application to govern· ment" meghalaya be construed as a reference to the central government  th mo er iawain relation to melbalaya 71 notwithstanding that no provision or insufficient provision has been power to 10 made under section 66 for the adaptation of a law made before the ap- conatrue 'pointed day, any court, tribunal or authority required or empowered to laws enforce such law may, for the purpose of facilitating its application in relation to the autonomous state, construe the law in such manner not affecting the substance as may be necessary or proper in regard to the is matter before the court, tribunal or authority, as the case may be 7z the provisions of this act l:ihall have effect notwithstanding any- meet thing inconsistent therewith contained in any other law of provision of act incod-si6tent with other haws n (1) if any difficulty arises in giving effect to the provisions of this power to act, the president may, by order, do anything not inconsistent with such remove ~o provisions which appears to him to be necessary or expedient for the pur- diftlcui-pose of removing the difficulty tiea (2) every order made under this section shall be laid before both houses of parliament as soon as may be after it is made 74 the sixth schedule in the constitution shall stand amended specified in the fourth schedule 25 81 amendmentol the sixth schedule   - 2 ot 1t1475 in section 21a of the reserve bank of india act, 19m, in sub- amendsection (1), after the words "any state", the brackets and words "(in- mental cluding the autonomous state of meghalaya)'f shall be inserted ~2 of 37 of 1956 76 in section 16 of the states reorganisation act, 1956, in sub-section amend-(1) for clause (d), the following clause shall be substituted, namely:- mentof ~ , ~h "(d) in the case of the eastern zone,-ollen (i) the chief minister and another minister of the autonomous state of meghalaya to be nominated by the governor of assam and if there is no council of ministers therein, not more than two members from the autonomous state of meghalaya to be nominated by the president; and (ii) the person for the time being holding the office of the adviser to the governor of assam for tribal areas  11 (1) the central government may, by notification in the official s gazette, make rules to give effect to the provisions of this act power to make rules (2) every rule made under this section shall be laid as soon as may be after it is made, before each house of parliament, while it is in ses~ sion for a total period of thirty days which may be comprised in one session or in two successive sessions and, if before the expiry of the 10 session in which it is so laid or the session immediately following, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that ,any such modification or annulment shall be without preju- is dice to the validity of anything previously done under that rule  forms of oaths or affirmatiol'isi 5 form of oath or affirmation to be made by a candidate for election to the legislative assembly:-"i, ab, having ,been nominated 88 a candidate to fill a seat in the _ do swear in the name of god legislative assembly of meghalaya  ---- that solemnly aftirm 10 i will bear true faith and allegiance to the constitution of india as by law established and that i will uphold the sovereignty and integrity of india" n form of oath or affirmation to be made by a member of the legislativ~ j 5 assembly:-"i, ab, having been elected (or nominated) a member of the legisdo swear in the name of god lative assembly of meghalaya ------that i will solemnly affinn bear true faith and allegiance to the constitution of india as by law 20 established, that i will uphold the sovereignty and integrity of india and that i will faithfully discharge the duty upon which i am about to enter" ill form of oath of office for a member of the council of ministers:-swear in the name of god "i, ab, do i mnl ftlnn that i will bear true faith and 25 so e y a allegiance to the constitution of india as by law established, that i will uphold the sovereignty and integrity of india, that i will faithfully and conscientiously discharge my duties as a minister for meghalaya, and that i will do right to all mariner of people in accordance with the cen-30 stitution and the law without fear or favour, affection or ill-will" iv fonn of oath of secrecy for a member of the council of ministers:-"i ab, do swear in the name of god solemnly affinn that i will not directly or in-35 directly communicate or reveal to any perlol1 or persons any matter which shall be brought under my consideration or shall become known to me as a minister for meghalaya except as may be required for the due discharge of my duties as such minister"  (iee sections 33 and 36) autonomous state list[see sections 33 (1)] 5 matters with respect to which the legislative assembly has exclusive power to make laws  part athe following matters enumerated or to the extent included in list u-state list· 1 village and town police within the meaning of clause (f) of sub-10 paragraph (1) of paragraph 3 of title sixth schedule to the constitution (entry 2) 2 administration of justice; constitution and organisation of all courts, except the supreme court and the high court; procedure in rent and revenue courts; fees taken in all courts except the supreme court 15 and the high court (entry 3) 3 prisons, refonnatories, borsta1 institutions and other institutions of a like nature, and persons detained therein; arrangements with the state of assam and other states for the use of prisons and other jnstitutions (entry 4) 20 4 local government, that is to say, the constitution and powers of municipal corporations, improvement trusts, district boards, mining settlement authorities and other local authorities for the purpose of local self-government or village admiaistration (entry 5) 5 public health and sanitation; hospitals and dispensaries (entry 6) 2s 6 pilgrimages, other than pilgrimages to places outside india (entry 7)  7 intoxicating liquors, that is to say, the production, manufacture, possession, transport, purchase and sale of intoxicating liquors (entry 8) 8 relief of the disabled and unemployable (entry 9) 9 burials and burial grounds; cremaftons and cremation grounds 30 (entry 10) 10 education including universities, subject to the prclvisions of entries 83, 64, 65 and 66 of list i and entry 25 of list iii (entry 11) 11 ubraries, musewns and other similar institutions controlled or fin anced by the autonomous state; ancient and historical monuments and records other than those declared by or under law made by parliament to be of national importance (entry 12) 5 12 communications, that is to say, roads, bridges, ferries and other means of communication not specified in list i, but excluding roads, bridges and ferries declared by the legislature of assam by law to ~ state highways; municipal tramways; ropeways; inland waterways and traffic thereon subject to the provisions of list i and list iii with regard 10 to such waterways; vehicles other than mechanically propelled vehicles (entry 13) 13 agriculture, including agricultural education and research, protection against pests and prevention of plant diseases subject to the provisions of entry i of part c (entry 14) 15 14 preservation, protection and improvement of stock and prevention of animal diseases; veterinary training and practice (entry 15) 15 pounds and the prevention of cattle trespass (entry 16) 16 water, that is to say, water supplies, irrigation and canals, drainage and embankments, water storage and water power, subject to the 20 provisions of entry 56 of list i, but excluding water-supplies, irrigation and canals, drainage and embankments, water storage and water power in relation to irrigation, hydro-electric and navigation projects financed by the government of assam wholly or in part and declared by the legislature of the state of assam by law to be projects of state fmport-25 ance (entry 17) 17 land, that is to say, rights in or over land, land tenures including the relation of landlord and tenant, and the collection of rents; transfer and alienation of agricultural land; land improvement and agricultural loans, colonization (entry 18) ! 30 18 forests, subject to the provisi9ns of entry 2 of part c (entry 19) 19 protection of wild animals and birds (entry 20) 20 fisheries (entry 21) 21 courts of wards subject to the provisions of entry 34 of list i; encumbered and attached estates (entry 22) 35 22 regulation of mines and mineral development subject to the provisions of list i with respect to regulation and development under the control of the union (entry 23) 23 aas and gas-works (entry 25) 24 trade and commerce within the autonomous state subject to the 40 provisions of entry 33 of list iii (entry 26)  25 markets and fairs (entry 28) 26 weights and measures except e5tablishment of standard (entry 2~) 27 mozwy·lending and money-lenders; relief of agricultural indebtedne~~ (entry 30) 28 inns and inn· keepers (entry 31) 29 incorporation, regulation and winding up of universities; unincorporated trading literary, scientific, religious and other societies and ~ a~sociations; co·operative societies (entry 32) 30 theatres and dramatic performances; cinemas subject to the provisions of entry 60 of list 1; sports, entertainments and amusements (entry 33) 31 betting and gambling (entry 34) }o 32 works, lands and buildings vested in or in the possession of th~ autonomous state (entry 35) 33 elections to the legislature of the autonomous state subject to the provisions of any law made by parliament (entry 37) 34 salaries and allowances of members, speaker and deputy speaker 1 'i of the legislative assembly (entry 38) 35 powers, privileges and immunities of the legislative assembly and of toe members and committees thereof, enforcement of attendance of per!lons for giving evidence or producing documents before committees of the legislature of meghal~ya (entry 39) 20 36 salaries and allowances of ministers for the autonomous state (entry 40) 37 public services of the autonomous state (entry 41) 38 pensions payab:e by the autonomous state or out of the consolidated fund of meghalaya (entry 42) 25 39 public debt of the autonomous state (entry 43) 40 treasure trove (entry 44) 41 land revenue, including the assessment and collection of revenue, the maintenance of land records, sw-vey for revenue purposes and records of rights, and alienaticm of revenues (entry 45) 42 taxes on agricultural income (entry 46) 43 duties in respect of succession to agricultural land (entry 47) 44 estate duty in respect of agricultural land (entry 48) 45 taxes on lands and buildings (entry 49) 46 taxes on mineral rights subject to any limitations imposed by 35 parliament by law relating to mineral development (entry 50) 47 duties of excise on the following goods manufactured or produced in the autonomous state and countervailing duties at the same or lower ra~s on similar goods manufactured or produced elsewhere in india:-(a) alcoholic liquors for human consumption; (b) opium indian hemp and other narcotic drugs and narcotics; but not including medicinal and toilet preparations containing alcohol or any substance included in su\)paragraph (b) of this entry (entry 51) 48 taxes on the entry of goods into a local area for consumption use or sale therein (entry 52)  49 taxes on advertisements other than advertisements published in the newspapers (entry 55) 5 50 taxes on goods and passengers carried by road or on inland waterways (entry 56) 51 taxes on vehicles, whether mechanically propelled or' not, suitable for use on roads including tram·cars subject to 'the provisions of ('ntry 35 of list iii (entry 57) 10 52 taxes on animals and boats (entry 58) 53 tolls (entry 59) 54 taxes on professions, trades, callings and employments (entry 60) 55 capitation taxes (entry 61) 56 taxes on luxuries, including taxes on entertainment, amwoements, 15 betting and gambling (entry 62) 57 rates of stamp duty in respect of documents other thag, those specified in the provisions of list i with regard to rates of st~mp duty (entry 63) 58 any other matter not enumerated in !his part and in respect of 20 which a district council has power to make laws under paragraph 3 or the sixth schedule in the constitution, to the extent to which it is not included in entry 16 of this part and entry 2 of part c 59 offences against laws with respect to any of the matters in this part (entry 64) :!5 rd jurisdiction and powers of all court  , except the supreme court, with respect to any of the matters in this part (entry 6~) 61 fees in respect of any of the matters in this part but not including fees taken in any court (entry 66)  part bthe following matters enumerated or to the extent included in list 3° iii-concurrent list 1 marriage and divorce; wills intestacy and succession: social cuslams; appointment or succession of chiefs or headmen (entry 5) 2 offenet~s against laws with respect to any of the matters in this part ~5 (entry) ~jurisdiction and powers of all courts, except the supreme court, with respect to any of the matters in this part (entry 46) 4 fees in respect of any of the matters in this part, but not including fees taken in any court (entry 4'1)  part c [see section 33(2)]matters with respect to which the legislature of meghalaya and the legislature of the state of assam also have power to make laws, namely, 5 the following matters enumerated or to the extent included in list u-state list and list iii-concurrent list 1 scheme of agriculture designed to benefit both the areas of the autonomous state as well as the rest of assam (entry 14 of list ii) 10 2 conservation of forests in catchment areas of projects referred to in entry 16 of part a, financed by the government of assam wholly or in part and declared by the legislature of the state of assam by law to be projects of state importance (entry 19 of list ii) 3 industries subject to the provisions of entries 7 and 52 of list i (entry 24 of list ll) 15 4 production, supply and distribution of goocic;, subject to the provisions of entry 33 of list iii (entry 27 of list ii) 5 removal from the autonomous state to any other area of the state of assam or to any other state of prisoners and accused persons (entry 4 of list iii) 20 6 transfer of property other than agricultural land, subject to entry 58 of part a; registration of deeds and documents (entry 6 of list iii) 7 economic aud social planning (e'ntry 20 01 list iii) 8 acquisition and requisitioning of property (entry 42 of list itt) 9 recovery in the autonomous state of claims in respect of taxes and 2s other public demands, including arrears of land revenue and sums recoverable as luch arrears, arising outside the autonomous state (entry 43 of list iii) 10 inquiries and statistics for the purposes of any' of the matters specified in this schedule (entry 45 of list iii) 30 11 offences against laws with respect to any of the matters in this part (entry 64 of list ii and entry 1 of list iii) 12 jurisdiction and powers of all courts, except the supreme court, with respect to any of the matters in this part (entry 65 of list ii and entry 46 of list nl) 35 13 fees in respect of any of the matters in this part, but llq't including fees taken in any court (entry 66 of list ii and entry 47 of list iii) (see section 58)  apportionmtnt of asstts and liabilities1 in this schedule:-definitions s (a) "purpose of the autonomous state" means a purpose relatable to any of the matters in respect of which the legislature of meghalaya has power to make laws under this act; and (lj) "population ratio", in relation to meghalaya, means such ratio as the central government may, by order, specify as the ratio bet-10 ween the population as ascertained at the last preceding censlls of meghalaya and the rest of the state of assam 2 (1) subject to the other pl'ovisions contained in this schedule, all lands land and all stores, articles and other goods held by the state of assam and within the territories of meghalaya shall, on the appointed day pciss to goods 15 m('~halaya if thp pul'pos('s fur which they we]'£' held will be purposes of the autonomous state (2) stores relating to the secretariat and offices of heads uf depart menta having jurisdiction over the areas comprised partly in meghalaya and partly in the rest of assam and unissued stores shall be divided bet-20 ween the state of assam and meghalaya in accordance with such directions as the central government may think fit to issue for a just and ('quita-ble distribution thereof explanation-in this paragraph the expression "land" includes immovable property of every description and any rights in or over such 25 property, and the expression "goods" does not include coins bank notes alld currency notes 3 1'he total of the cash balances in all treasuries of the state of trealw"y assam and the bajances of that state with the reserve bank of india or and bank any other bank immediately before the appointed day shall be divided bal'mees 30 between the state of assam and meghalaya accoroing to the population ratio: provided that for the purpose of such division there shall be no transfer of cash balance from any treasury to any other treasury, and the apportionment shall be effected by adjusting the balance of the state of assam 35 and meghalaya in the books of the reserve bank of india on the appointed day or in such ,other manner as the central government may, by 0rder direct 4 meghalaya sha 11 have the right to recover the arrears of any tax arrears or duty, including the arrears of land revenue, on property situate in of taxes 40 meghajaya, and shall also have the right to recover thp arrears of any other tax or duty if the place of assessment of that tax or duty is located in meghalaya: provided that nothing in this section shall apply in relation to arrears <'f any tax or duty which me~ha13ya is not competent to cojipct right to recover loans and advrnces 5 (1) the right to recover any loans or advances made before the appointed day by the state of assam to any local body society agriculturist or other person in meghalaya shall belong to meghalaya, if the purpose for which the loans or advances were made will thereafter be a purpose of the autonomous state s (2) the right to' recover loans and advances of pay and travelling allowances to a government servant made before the appointed day by the state of assam shall pass to meghalaya if, after the appointed day, that government servant is required to serve in connection with the affairs of meghalaya under sub-section (3) of section 65 10 invest·  ments and credits in certain funds 6 the investments made before the appointed day from the cash balance investment account and any other general fund of the state of assam shall, after the appointed day, be divided between the state of assam and maghajaya according to the population ratio; and the investments in any special fund the objects of which are confined to a ) 5 local area in meghalaya shall pass to meghalaya if such investment t£'-iates to a purpose of the autonomous state 7 (1) the assets and liabilities in meghalaya on the appointed day re lating to any commercial or industrial undertaking of the state of assam other than an undertaking on which the state of assam has incurred a 20 capital outlay exceeding rupees fifty lakhs or a government company shall after the appointed day, pass to meghalaya if the purpose of the undertaking relates to a purpose of the autonomous state assets 'and liabilities of state undertakings and investmenb (2) where a depreciatio'n reserve fund is maintained by the state of assam for any such undertaking as is referred to in sub-paragraph (1) 25 the securities held in respect of such investments made from that funrl shall pass to meghalaya (3) the investments of the state of assam made before the appointed day in any body corporate or co-operative society whose area of operation or jurisdiction extends to areas comprised partly with- 30 in meghalaya and partly within the rest of' the state of assam, or in any government c()mnanv or privati" commercial or industrial undertaking shall if the central government so directs be allce-flted between the government of assam and the government or mcghalaya in such proportion as may be alzreed upon between the two govetnments within 35 one year from the (late of the direction ;lf~)resai(! or, in default of such a~reement m; the central government may h" orrt('r direct public debt 8 (1) the public debt of the state of assam attributable to loans raised by the issue (if government securities and outstanding with the public immediately before thf' rnpointed day shan continue to be the 40 public debt of that state and meghalaya shall be liable to p3y to the state of ac;sam its share of the sums due from time to time for the servicing and repavm('nt of the debt (2) for the' purposf' of detprmining the shaj'f' referred to in sub-paragraph (1) the debt shall be deemed to be divided between the state of 45 assam and meghalav(1 n:o: if it were n debt referred to in sub-para~ltn" (4) (3) out of so much of the public debt of assam, other than the public debt referred to' in sub-paragraph (1) as is equal to the amount of loans and advances made by that state and outstanding on the appointed day the share of the liability of meghalaya shall be for an amount equal to 5 the loans and advances recoverable by meghalaya under paragraph 5 (4) the remaining public debt of the state of a"sam attributable to loans taken from the central government the reserve bank of india or any other body or bank outstanding immediately before the appointed day shall be divided between the state of assam and meghalaya in pro-io portion to the total capital expenditure on all capital works and other eapital outlays incurred or deemed to have been incurred by the state of assam up to the appointed day and the total expenditure on all capital works and other capital outlays incurred or deemed to have been incurred upto that day in meghalaya for purposes of the autonomous state i5 (5) }<'or the purposes of this paragraph "government security" means a security created and issued by the state of assam for the purpose of raising a public loan and having any of the forms specified in or prescrib-18 of 1944 cd under, clause (2) of section 2 of the public debt act, 1944 9 after the appointed day, it shall he the liability of meghalaya to refund 20 refund any tax or duty on property, including land revenue, collected of taxes in excess on any prol,erty situate in meghalaya or any other tax or duty ~ollected collected in excess, if the place of assessment of that tax or duty is 111 exee • situate in meghalaya: provided that nothing in this section shall apply to the refund of any 25 tax or duty which meghalaya is not competent to collect 10 the liability of the state of assam in respect of any civil deposit deposits or local fund deposit made before the appointed day in any place situate etc in meghalaya, shall become the liability of meghalaya if the deposit is for any purpose of the autonomous state 30 11 the liability of the state of assam in respect of the provident provi-fund account of a government servant required to serve in connection dent d with the affairs (if meghalaya under sub-section (3) of section 65 shall, fun on and from the appointed day, be the liability of meghalaya 12 the liability of the state of assam or meghalaya in respect of pensions 35 pensions shall be apportioned between the two in such manner as may be agreed upon between them or in default of such agreement, in such manner as the central government may, by order, specify 13 (1) where, before the appointed day, the state of assam has conmade any contract in the exercise of its executive power for any of the tracts 40 purposes of that state, that contract shall be deemed to have been made in the exercise of the executive power of meghalaya if the purpose is as from that day exclusively a purpose of the autonomous state, and all rights and liabilities which have accrued, or may accrue, under any such contract shall, to the extent to which they would have been rights or 45 liabilities of assam; be rights or liabilities of meghalaya (2) for the purposes of this paragraph, there shall be deemed to he included in the liabilities which have accrued or may accrue under any contract-(a) any liability to satisfy an order or award made by any court or tribunal in proceedings relating to the contract; and (u) any liability in respect of expenses incurred in, or in oon· nection with, any such proceedings (3) this paragraph shall have effect subject to the other provisions of this schedule relating to the apportionment of liabilities in respect of loans, guarantees and other financial obligations; and bank balances and 10 securities shall, notwithstanding that they partake of the nature of contractual rights, be dealt with under those provisions 14 where, immediately before the appointed day, the state of assam is subject to any liability in respect of an actionable wrong other than a breach of contract, that liability shall be the liability of meghalaya if it 15 relates thereafter to a purpose of the autonomous state liabilit yin respect oj actionable wrong liabi· lityas guarantor 15 where, immediately before the appointed day, the state of assam is liable as guarantor in respect of any liability of a registered cooperative society or other person, that liability shall be the liability of meghalaya if it relates thereafter to a purpose of the autonomous state 20 items in ruspense 16 if any item in suspense relating to a purpose of the autonomous state is ultimately found to affect an asset or liability of the nature referred to in any of the foregoing paragraphs of this schedule, it shall he dealt with in accordance with that provision residuary provi-sionll 17 the benefit or burden of any asset or liability of the state of 25 assam which relates to a purpose of the autonomous state nnd which is not dealt with in any of the foregoing paragraphs of this- &chedule, shall pass to meghalaya appor_ tionment of assets and liabi lities by agreement 18 where the state of assam and meghalaya agree that the benefit or burden of any particujar asset or liability should be apportioned 30 between them in a manner other than that as provided for in the foregoing paragraphs of this schedule, then, notwithstanding anything contalned therein, the benefit or burden of that asset or liability shall be apportioned in the manner agreed upon pow\!rof central governmentto order allocation or adjustment in cer· tain cases 19 where, by virtue of any of the provisions of this schedule, 1;he 35 state of assam or meghalaya is entitled to any property, or obtains any benefits or becomes subject to any liability, and the central government is of opinion on a reference mlade to it within a: period of three yelirs from the appointed day by the state of assam or the autonomous state, as th(> case may be, that it is just and equitable that that property or 40 those benefits should be transferred to one of the two states or shared between them, or that a contribution towards that liability should be made by either of the states, the said property or benefits shall be allocated in such manner, or meghalaya or the state of assam shall make to the other state primarily subject to the liability such contribl1-45 tion in respect thereof, as the central government may, ~fter consulta· tion with the government of assam and the government of meghalaya, by order, determine  (see section 74) amendments to the sixth schedule of the constitution1 in the sixth schedule to the constitution (hereinafter referred 5 to as the sixth schedule), in sub-paragraph (3) of paragraph 1, after clause, (1), the follpwing clause shall be inserted, namely:-"(i) alter the name of any autonomous district,"; 2 in paragraph 2 of the sixth schedule,-, (i) for sub-paragraph (1), the following sub-paragraph shall be 10 substituted, namely:-" "0) there shall be, a district council for each autonomous , district consisting of not mote than thirty members, of whom i not more than four persons shall be n<1minated by the governor !, , , i   '   i and the rest shall be elected on the basis of 'adult suffrage!';  ' ,   (ii) in sub-paragraph (6)-j, '(ii) in' clause (e), for· the ,words "such councils", the words " ~reg1onal councils"" shall 'be "ubstit~ed; " r"  'f '0>)' iii ~lause' (gl attet: toe' 'vttords '''c6i1duct tlf business", the o ~ ~': r,pt~¢~e'ts' and words' f il (in~1jbi~~ - thl 'po\ver 'ttl f:at!t t1<1twithstand-!"1,~ f ;~'~ '~,; 'v~can,ey) n' shalf' ";1' 'inserted; :" -'f ,'" '" i ( rrt'-', t t(, n 1  " r ' ,, r-:~), i r )' ,  i" ,  pi (~ r~ ,r '''j ", ',q("i:: "'f"1 ~, i' (iii) after sub-ptii'a~rlipt\lii8),' rtlu!,'fou6wing, 5ud1'aragraph, shall be inserted, i ~elv:-  (f () i  ,(' )  f '  'j' ):1 " , ·'f:' "' -,( ql:~~tl;'i':(; ,"i'' f' , "(6a) the elected members ('9f ,~h~l"p,i~,~ri~, co1plcil  shall hold office for a term of five years from the date appointed for 25 ;- ~ ~njjtlif! ·1fttst·ftieetirlgrof,loui,{joqaoll after, lihe g~ej;iu ej~tions to the )" t!llulidi'i 1mles9,<theddi8trictvc-otmch·/iflf1sopner  s$ol~q under  'r 't:la'tisl''l1t (and·' a' nbminatedi ,jdembe~ 'is~ fpow, fq~~ )81" uie plea-i·c~ r'suft!il0fi tttjei ; govetrlm "'1f' ij 1'11,1)'" ;," i ,,"i,: in i:"', ,,, , dm: f!~lpto\lidt!dl~tltheiridl,}leri()d ~\ftve;~earslmayi"while a pro-30 of clamation of emergency is in operation q~lijrhi~~~es exist which, in ~he opinion of the governor, render th~ holding of ·?1l~1ecd(hi!a ffli~hl~fica'm~,''be1f~rl~cf  blf·tl1~igd-wrnor for a period r"w9(:'~cije_ 8nef!ye'tl~ ~t"'1fi~ ah\ilth ili1~oase'~here a pro-~rrn ~~antati8b 'b~:t km~r~~tic~') 'l~ "iii'1 ~~ttot1 llnbt' l~xtet1ding beyond a period of; six' irrt&rtth~:'ffi!r thl!·· '~lathatloi1' tuui' ceased to i'f -d;rp~,;t,e:i";rl :1;·,1,;'1 ~:fl'willl,,1 ",l! (» ":1)(::'\  '-: : '\ provided further that a member eledtedl:flo !ifill" :a·' casual ;':'lnh'~ ~~lhrl~, ~~,s~1f~~l~~~je~~~~r of the term of ,!,(t;p11w~ ;q~rl~ rp~w9n wr?p;l,,~~,\~fp1~c;~·':h it! yilt: h ,( i 'i1nl~) yfnl~j)~gtapw(md;>lj;: '(d ll'11jj i; 1;;110:) t'liiln of, -g'h~·-(ru?l<)bjli)ljl·lhr?:t1(r' !'lnj yd b'i}llrflihp; ·'!d,  h (4) after the words "make ru~i\':1 :w:~~e $r~¥;l first occur, i'y~rds "with the approval of the governor" shalt" be inserted, ?·il'cif \vh~'j:¥ii~¥d e~)w ~brih'ltirll~1 thej~r8s l4;lith like ap-9lo"~ '/1't illa\1r~~ ,~~~ti~j "j~~ !q"; ,,' r,l  i:n'·~1":,,,\!_,iil'::  ],,!, • i(!(ftr!' w~:'" [,j:d \:' i'1q\, ,';-:,;q·ncj" (b) the second proviso shall be omitted a in paragraph 3 of the sixth schedule, in sub-paragraph (1) ,-(t> in the proviso to clause (a), fur the words "government of assam", the words "government of assam or the government of meghalaya" shall be substituted; s (ii) for clause (i), the fo'llowing clause shall be substituted namely:-(i) "marriage and divorce;" 4 in paragraph 4 of the sixth schedule, the following sub-paragraph shall be inserted at the end, namely: -10 '(5) on and from such date as the president may, after consulting the government of assam or, as the case may be, the government of meghalaya, by notification appoint in this behalf, this paragraph shall have effect in relation· to such auton<1mous district or region as may be specified in the notification, as if-1 s (i) in sub-paragraph (1), fur the words "between the parties all of whom belong to scheduled tribes within such areas, other than suits and cases to which the provisions of sub-paragraph (1) ofp,r~graph 5 of this schedule apply,", the words "not being suits and cases of the nature referred to in sub-paragraph 20' (1) of paragraph s of this schedule, which the-governor may specify in this behalf," had been substituted; (ii) sub-paragraphs (2) and (3) had been omitted; (iii) in sub-paragraph (4)-(it) for the words "a reglonalcouncil or district coun- 25 cil, as the case may be may with the previous appro\ta1 of the governor make rules regulating", the words "the governor may make rules regulating" had been substituted; and (b) for clause (it), the following clause had been substituted, namely: -30 "(it) the constituti<tn of village councils and courtl, the powers to be exercised by them under this paragraph and the courts to which appealsfrqm the decisions of village councils and courts shall liej"; (c) for clause (e) the following clause had been sub- 35 stituted, namely:-"(e) the transfer of appeals and other proce~ngs pending before the regional (!f district council or any court constituted by such council immediately before the date appointed by the president under sub-para- 40 graph (s) ;"; and (;i) in clause (e), for the woros, brackets and figures "sub-paragraphs (1) and (2) " the word, brackets ~d ~iur "sub-paragraph (1)" had been substituted'  5 inparagrapjl' 5,of the sixth schedule, after sub-paragraph (3), the following sub-paragraph shallbe inserted, namely:-"(4) on and from the date appointed by the president under sub-paragraph (5) of paragraph 4 in relation to any autonomous , district or autonomous region, nothing contained in this paragraph shall, in its application to that district or region, be deemed to authorise the governor to confer on the district council or regional council or on courts constituted by the district council any of the powers referred to in sub-paragraph (1) of this paragraph   10 6 for paragraph 6 of the sixth schedule, the following paragraph shall be substituted, namely:-"6 (1) the district council for an autonomous district may estab- powers ush, construct, or manage primary schools, dispensaries, markets, ~ th~ 1$ cattle pounds, ferries, fisheries, roads, road transport and waterways co~~~~~ to in the district and may with the previous approval of the governor, establish make regulations for the regulation and control thereof and, in parti- primary cular, may prescribe the language and the manner in which ,t>rimary schools, educatio'jl shall be imparted in the primary schools in the district etc (2) the governor may, with the consent of any district council, entrust either conditionally or unconditionally to that council or to its officers, functions in relation to agriculture, animal husbandry, community projects, co-operative societies, social welfare, village planning or any other jl'l8tter to which the executive power of the state of asstm or meghalaya, as the case may be, extends 55 7 in paragraph 7 of the sixth schedule for sub-paragraph (2), the following sub-paragraphs shall be substituted, namely:-30 "(2) the governor may make rules for the management of the district fund, or, as the case may be, the regional fund and for the procedure to be followed in respect of payment of money into the said fund, the withdrawal of moneys therefrom, the custody of moneys therein and any other matter connected with or ancillary to the matters aforesaid 35 (3) the accounts of the district council or, as the ease may be, the regional council shall be kept in such form as the comptroller and auditor-general of india may, with the approval of the presi~ dent, prescribe   <') the comptroller _ auditor-general  u cause the ae:· eowlta of the distriet and regional co1uleils to be a~ted in such bulber as he may think 6t, and the report" of the comptroller and auditor-general relating to such accounts shad be submitted to the governor who shall anuel them to be laid hef8re the council" a in paragraph 8 01 the sixth schedule, in sub-paragraph (4), the following worda shall be inserted at the end, namely:-liand every such regulation shall be submitted forthwith to the 45 governor and, unw auented to by him, aball have no effect" 9 after paragraph 12 of the sixth schedule, the following plrag:r&i)h shall be inserted, namely:-"12a (1) notwithstanding anything contained in paragraph 12,-special provisions as respects application of laws in meghalaya (a) if any provision of a law made by a district or regioll&l council in meghalaya with respect to any of tbe matters sped- $ fied in clause (b) or clause (c) of sub-paragraph (1) of paragraph 3 of this schedule is repugnant to any provision of a law made by the legislature of the state of assam with rest>ect to any project declared by the legislature of that state to be of state importance, then, the law made by the district council or,as the cue 10 may be, the regional council, whether made before or af~er the law made by the legislature of the state of assam, shall, to the extent',of the repugnancy, be void and the law made by the legislature of the state of assam shall prevail; (b) if any provision of a law made by a district or reponal i, council in meghalaya with respect to any of the matters specified in clause (b) or clause (c) (jr clause (f> of sub-paragraph (1) of paragraph 3 of this schedule is repugnant to any provision of a law made by the legislature of meghalaya with respect to that matter, then, the law made by the district council or, as 20 the case may be, the regional council, whether made before or after the law made by the legislature (jf meghalaya, shall, to the extent of repugnancy, be void and the law made by the legislature of meghaiaya shall prevail (2) if it appears to two or more district councils or regional a$ councils in meghahiya to be desirable that any 0£ the matters with respect to which they have power to make laws under paragraph 3 of this schedule should be regulated by the legislature of meghalaya by law, and if resolutions to that effect are passed-by the said district councils 'or regional councils, it shall be lawful for the'legislature 50 of meghalaya to pass an act regulating that matter accordingly and any act so passed shall apply to the autonoiddus districts or regions concerned, and to any other autonomous district or region the di8-triet or regional council whereof adopts it afterwards by resolution passed in this ~half is " (3) any act passed by the legislature of meghalaya under subparagraph (2) of this paragraph may be amended or repealed by an act of the legislature of meghalaya passed in like manner, but shall not, as respects any autonomous district or region to which it appues, be amended or repealed by any law made by th district qf regional , council thereof  (4) the governor may, with respect to any act of the legialature of the state of assam, and the president may, with respect to any act of parliament, by public notification direct, that it shall not apply to meghalaya, or shaii apply thereto, or to any part thereof , subject to such exceptions or modifications 8s he may specify in the notification, and any such direction may be so given 88 to have retrospective effect (5) the provisions of clause (b) of sub-paragraph (1)' of paragraph 12 shall not apply to meghalaya" 10 in sub-paragraph (1) of paragraph 15 of the sixth schedule, after the words "safety of india", the words "or is 1ikely to be prejudicial to 5 public order" shall be inserted 11 paragraph 16 of the sixth schedule shall be re-riumbered as subparagraph (1) of that paragraph and to that paragraph as so re-numbered, the following sub-paragraphs shall be added, namely:-"(2) if at any time the governor is satisfied that a situation hal 10 arisen in which the administration of an autonomous district or region cannot be carried on in accordance with the provisions of thi8 schedule, he may, by public notification, assume to himself all ell any of the functions or powers vested in or exercisable by the district councilor, as the case may be, the regional council and declare is that such functions or powers shall be exercisable by such person or authority as he may specify in this behalf, for a period il9t exceeding six months: provided that the governor may by a further order or ordert extend the operation of the initial order by a period not exceeding 30 six months on each occasion (3) every order made under sub-paragraph (2) of this paragraph with the reasons therefor shall be laid before the legislature of tbe state and shall cease to operate at the expiration of thirty days from the· date on which the state legislature first sits after the issue of the 25 order, unless, before the expiry of that period it has been approved by the state legislature" 12 after paragraph 20 of the sixth schedule, the foll~g paragrapli ahall be inserted, namely:-'20a (1) in this! schedule,-, 30 (a) "governor", in relation to meghalaya, m~ans the gover-ror of assam acting on the aid and advice of the ~cil of ministers for meghalaya, except in so far· as he is by or under this schedule required to exercise his functions in his discretion or to exercise his powers under sub-paragraph (4) of paragraph 12a; 35 (b) "meghalaya" means the autonomous state formed wide~ article 244a (2) subject to any express provision made in this behalf, the provisions of this schedule shall, in their application to meghalaya, have effect-(i) as if references to the government of assam, state of assam, state and legislature of the state were referenees re-pectively to the government of meghalaya, the autonomowt state of meghalaya, meghalaya and the legislature of megbalaya; 4' (ii) as if in paragraph 13, the words and ftgures "under arti-cle 202" had been omitted' article 244a was added to the constitution by the constitution (twenty-second amendment) act, 1969 to enable parliament to enact a law to give effect to the scheme for reorganisation of assam by fonning within the state of assam an autonomous state comprising (whether wholly or in part) all or any of the tribal areas specified in part a of the table appended to paragraph 20 of the sixth schedule  the present bill has been brought forward in pursuance of that article and seeks to establish an autonomous state called meghalaya within the state of assam as envisaged in the reorganisation scheme, meghalaya will comprise the areas now forming part of the united khasi-j aintia hills district as defined in the substantive part of paragraph 20 (2) of the sixth schedule and the garo hills district the bill also provides for separate options to the mikir hills autonomous district and the north cachar hills autonomous district to become part of meghalaya the legislative powers of meghalaya have been set out in the second schedule to the bill and subject to the 'provisions of the bill' the executive power of meghalaya will extend to matters with respect 1:0' which the legislature of meghalaya shall have power to make laws the bill makes detailed provisions regarding the constitution of the legislative assembly of meghalaya, delimitation of constituencies, elections to the assembly and its procedure, council of ministers for meghalaya, administrative relations between the governments of assam and meghalaya and between the central government and the government of meghalaya provision has also been made for transferring to meghalaya such assets and liabilities of the assam government in the meghalaya area as are relatable to matters which fall within the purview of the autonomous state 2 provision has also been made in the bill for the constitution of a provisional legislative assembly for meghalaya pending general elections to the assembly in order to dovetail the scheme of the bill with the main provisions of the constitution, the autonomous state will be treated as a state for certain provisions of the constitution specified in  clause 67 of the bul 3 as indicated in the reorganisatiq'n scheme, the fourth schedule to the bill contains provisions for the amendment of the si¥th schedule to the constitution in order to improve the procedures of the district councils and make them function efficiently 4 the provisions of the bill are further explained in the notes on clauses, wherever necessary new l>blm; y b chav an xhe 9th december, 1969  note, on czauae,clawe 3-this clause provides for the formation of an autoj1()moui state within the state of assam to be known as meghalaya the united khasi-jaintia hills district (which comprises two autonomous districts called united khasi-jaintia hills autonomous district and jowai autone> mous district) and the garo hills district as defined in paragraph 20 of the sixth schedule to the constitution excluding part of the former transferred to the mikir hills autonomous district in 1951, will automatically form part of meghalaya the part of shillong municipality which formed part of the khasi state of mylliem before the commencement of the constitution and which now forms part of the united khasi-jaintia hills autonomous district will be territorially part of meghalaya but jurisdiction of meghalaya in this area will be limited as provided in the proviso to clause 33(1) rest of the shil10ng municipality and cantonment which do not form part of the tribal areas will not form part of the autonomous state the north cachar hills autonomous district and the mikir hills autonomous district have been provided with an option to join meghalaya as soon as the proposed law is enacted, the district councils of these two districts would be asked to indicate their choice and if the council concerned expresses a desire by a two-thirds majority thntthe autonomous district shall form part of meghalaya, the president wul make a declaration to that effect and thereupon that district will also become a part of meghalaya 2 clauses 4 to 10-these clauses define the extent of the executive power of meghalaya and manner in which the power may be exercised provision has also been made for the constituti<1n of a council of ministers which shall be collectively responsible to the legislative assembly of meghalaya clause 8 contains a provision to enable tthe appointment of an advocate-general for meghalaya as and when the government of meghalaya deems fit to do so 3 clauses 11 to 17-these clauses relate to the size of the legislative assembly of meghalaya, delimitation of the assembly constituencies and matters connected with elections to the assembly it has been provided that the number of elected members of the assembly will be not less than 35 and not more than 55 so that the actual 'number could be determined in the light of the option to be exercised by the district councils ot north cachar hills autonomous district and mikir hills autonomous district provision has also been made tor nominating not more than three persons to represent the interests of minority communities 1n meghalaya if there is need for giving them representation in this maluler the work of delimiting the constituencies is proposed to be entrusted to the election commission clause 17 provides for the representation of the people act, 1951, being applied in relation to the elections to the legislative assembly as they apply in relation to elections to 8 state legislative assembly 4 clauses 18 to 49, and second schedule-these clauses relate to duration of the legislative assembly, speaker and deputy speaker, conduct of businesa powers and privileges of mf!mbers and their salaries and allowbllces, legislative powers and procedures, including procedure ba ftnancial matters these provisions are generally modelled on the corresponding provisions of the constitution relating to state legislative assemblies clawd 28 in particular provides that an individual shall not simultaneously be the member of the meghalaya assembly and also of the legislative assembly of assam or parliament clause 33 defines the legislative powers of the legislature of meghlllay these powers are enumerated in the second schedule to the bill, which is divided into three parts, namely, part a, part b and part c part a cantains the subjects in the state list in respect of which meghalaya will have exclusive legislative powers part b contains subjects tn the concurrent list which even now come within the purview of the district councils by virtue of paragraph 3 (1) of the sixth schedule to the cbnstitution in respect of which similar exclusive powers will be available to, meghalaya part c contains subjects which win be concurrent to a_am, and me~alaya acoording to the reorganisation scheme shillong will serve as the heaciql1aiters c'of'both assam' and meghalaya and assam will have the sanl',' ~le~l~~ve' aria bciministrative control over thei,cantonmentand mun't~paf'a\t~:m'-bf''shmong'9s at present; under the sixth schedule t9, the i je<'1nstlt6:tfctit 'the 'distrk!t;rcouncil,has cet'tain powers ,i,n respect of that part of the shillong municipality, which fol'ml;-}l)art(of the, trlpal, 1 areas the reorganisation scheme also provides that the district couneil '~;i1t~~an:flriife' td' 118ve'1hf!~e l'x'wers 'tmdwiilbe:uncier ,th' co, n~rol, of, me~a~@w;r"p'r6vis?to'dause '33(1), thetefore, ensures, thljt the ,le~s]a~, t1ve?;p'o~rl;' of m'~'ghalata "'witliin r; the  'shil1ong m,uniclpal,ity shall" bf;,, ci lim1i~'d"(rot~o's~ i 'o~~tbe 'district cdumdl so that, !msaro's, le~at\ve:, apd '  ad~~~~l~i~~;' ~~tr?i~: b~:~, ,th~' :~ht~l~ ,mun~~ipal~~~j$" n~taffe~~, r ~',  clause 34 of the bill provides for exe~ptio~,o~t,r1,1~~q~lpr~pjt:tte'!;'tr°~' :t' the taxes imposed by meghalaya or by any authority within the autoh~ , mo_is~'iiljld,~l!q, fal;',tbl!ie1~el1lp?,qn ?f,pro~rti~~ o~th7 :~ssam ~ov-, emtnen~,~ i simll~ ,~~~io~ <;til ir~~ipl'<?~a~ b~si~, ,~ccdrcli~~ ,to" ,~~try , 51 tn\~nj\~,~f'the, ~on,d :~~hedul~, ,tc! ,th~ '13111, m~~ill11aya wt1l haw! powel'rtojlevy,ta~es, ~fr$icl~s, '~w~\t~r, ,in o;dier t? ia~oid ,aouble'tlf~a~ , tioiujil·itie~le$ :~~~"iq ~haj~y~, transit~pg tll~ough ~st ofassllm'" ' and~!i1iae'''t1'bq;,8 ~qn) h~b~en made to exemt>t stieh"vehicl~g: from ,i' , " i ,i  t· f" ' , 'i '\" ,: f' i ' doub1efl'taxation, i',!! ··,:rr", ", ':' ",', '"'' , , , ' ' , i! i, "'" i :' ' '" (1"~f~t ·t'!\ ily '\~,  i~j,r'· i'; , -, \'1 ;!-, "', :'  "  etaun8i3~r~ ,~6 spe11"o,ll,t ~~ ~e~~:o(c~~tf~lartd,a:ssatn"lqws:on:· , meghaiaplla~,in,(~ wmc;urr~nt fi~ld, ~~d t?eptocw,ure ~o~:enbcbn,g,~j spebiai:llaw, in'tbi~ fielp jqr meg'ha1~j:~"  ,  i",,'" v npitrtq"''1""",q ,  i, , !   i: li\ i '1'\  ;i~:· 8jicjgllte, ,1o~i' cl$~~ ~pqw~r~,,~~i~,~etrl?r i t~, :rn-om~i~qte 'o~ ,> n~;:aw'iftg ,thelre~es,s i ofth~ megbataya a:ssembly arid 1s ~noerally , modelled on article 213 of the constitution " , ,i'  ,' >,1" i  i ( 'i ,  'j - 1 - ~ clause 55 provid,es for elac4'kity ta,x and~les tax ~'n ,the ~g~aya area outside the shillqqi mloulicipajty bei"i oohected by the ga¥erement of meghalaya while the rates of taxes are to be determined by the allam leplawtte atisaft'l ,hat> als~got a fitst"mnt sa1es tax levy on gertain liakury i1em6 as '5\lch goods would su'ft'er safes tax at th~ distrilrution -eentres in tl:le ,,181m uk~ ga'11hatibefore they move into megha-iwya ior~tan 4isirihutien, the autoftal'r9us state win not be a1)1e to oouect ally _lestax <>r ugese goods it has, therefore, been provided that a portion of such tax collected by assam should be payable to mi!:,qalaya by assam claue 56 pawides f<>r the central <levolutions '00' assam under the figaace colllmis8ichl~s recommendations being apportioned between ajeam and the auoollomolls stat~ in such propot'tion as the central government may determine it has 8(')'t been possible to specify in the law th~ alctual proportion, because tne actual territorial extent of meghalaya wowd be known only after the district councils of north cachu hills autonoroous 4istrict and tbe mikir hills autonomous diitrict mve exerwed ~ qption for the purpose of future awards of the finance com-~n, ]l4eghalaya would be treated as a separate state and the finance comlj)issioo would recormnend the quantum of devolution separately for ~m and megb4!aya the provision made in this clause will, therefore, qply only sq far as the devolutions based an the fifth finance commission's recommen4auoili are concerned 7 clause 58 and third schedule-this clause refers to apportionment qf usets and l,iabilities detliiled provisions in this behalf have been iocorparflted in the third schedule to the' bill these generally follow tbe provi,iqns made in other state reorganisation laws with the modification tbat assets ~d liabilities to be transferred to megbalaya would b~ thoie relatable to u1e legislative powers· proposed to be ronfel'red on the ~gislatllfe of tl1e autonomous state 8 clauses 59 to 61-these clauses re 'ate to administrative relations between meghalaya and assam and also meghalaya and the union it haabeen provided that the autonomous state' shall comply with laws made by parliament, the laws made by the legislature of a~sam and otper laws in force within its territory if any executive action taken by meghalaya impedes or prejudices the exercise of executive power of the upion the government of india will have power to give directions tathe meghalaya government similarly, if the actions of meghalaya government impede the exercise of the exec\4tive power of the government ctf assam, the government of asam will have powers to give directions a provision has al$o ~en made in clause 61 for entrustment of executive ful'\ctions of the government of assam to meghalaya g<>'vernment and vice versa 9 clause 62-this clause makes a transitional provision for the settin, up of a provisional legislative assembly pending the holding of the ftrat general eleetions to the meghalaya assembly in accordance with the proposed law the members of the provisional auembjy wul be elected by the member of the district councils on the basts at propor-uoul reiel\tation ~ meam of the single transferrable vom elected members of eachl>iatrict council will constitute an ejectqs!81 'ioltge returning a specified number of members to the assembl:v 10 clauses 63 to 73-these clauses contain miscellaneous provisions, the more important of which are explained below: - clause 63-this clause makes a provision enabling the central ckrvernment to appoint a high level committee to advise the govemments of assam and meghalaya on matters of common interest with respect to shillong and also such of the adjoining areas as may be treated as part of shillong for this purpose by agreement between the two governments clause 65-this clause provides fer services of oftieers of assam cadre of the all-india services and class i services of that state being made available to meghalaya for specified periods and allocation of serving employees of assam in lower cadres to meghalaya for service under the autonomous state clause 67-to' the extent legislative and executive powers are entrusted to meghalaya, it will have to function as a state under the constitution it was, therefore, provided in article 244a added to the constitution by the constitution (twenty-second amendment) act, 1969, that a parliamentary law under that article may provide that any referenc;~ to a state in any article in the constitution shall be construed as including a reference to the autonomous state this clause enumerates the various articles for the purposes of which the autonomous state will be treated as a state clause 68-in the meghalaya area not only the laws made by parliament but also the laws made by assam and meghalaya would be in operation this clause, therefore, provides that the executive power of the (;qvernment of assam in relation to meghalaya under article 298 shall also be subject to legislation enacted by the legislature of meghalaya and that the executive power of meghalaya under the same article shall also be subject to legislation enacted by the legislature of assam clause 69-this clause provides for suspension of relevant provisions of the proposed law in the event of president's rule in meghalaya clause 70-there are a number of central laws particularly in the concurrent field which require the state governments to implement the laws in actual working of the scheme at reorganisation it might become necessary to entrust functions under some of these laws to mcghalaya government to ensure smooth administration this clause, therefore, contains an enabling provision for the central government themselves to take over the executive authority in meghalaya area under any such law as may be notified so that where necessary the powers could be delegated to the meghalaya gctvernment under article 258 11 clause 74 and fourth schedule-this clause read with the fourth schedule to the bill makes eerta:n amendments in the sixth schedule to the constitution the important amendments to the sixth schedule proposed in the fourth schedule to the bill are as follows:-parag1'4ph 1-a provision has been made in paragraph 1 of the fourth schedule to enable the governor to alter th~ name of an autonomous district by notiflcation paragraph 2-the maximum strength of the district councils has been fixed at 30 out of whom the maximum number of nominated members would be 4 provision has also been made for fuang a five-year t~rm for the district counclls at present, these provisions are contained in the rules of the district councils concerned the rule relating to delimitation of cohstltuencies, eleclons, etc, to the district councils are at present made by the councils themselves under paragraph ::! (i) 01 the sixth schedule 1t is proposed that such rules should be made with the approval of the governor paragraphs 4 and 5-at present the village courts in the autonomous districts have jurisdiction only in respect 01 sults and cases in which both the partles are members ot the scheduled ttibes 01 the autonomous distnct concerned 'lne district council or courts constituted by the district coullcil function as appellate court more serious offences like those punishable with death or imprisonment for a term of 110t less than 5 years are outside the purview of these courts but the governor is empowered, to confer juri::;dji:tion on these courts in regard to these matters as web on the conditlon that the code of criminal procedure and the code of civil procedure shall be followed in deciding such matters this paragraph seeks to enable village level courts to function more or less like nyaya panchayats in the rest of the country subject to the procedural rules relating to these courts being made by the assam government or meghalaya government, as the case may be it is intended that appeals from the village level courts should lie to regular courts however, some preparatory work will be necessary to effect the change over and local conditions will have to be taken into account in fixing the time schedule for the change it is, therefore, proposed to enforce these amendments from a date to be fixed in respect of each autonomous district paragraph 6-this paragraph seeks to enable the governor to entrust additional functions particularly in the field of local development, to the district councils and also make it clear that the district council could set up its own road transport system paragraph 7-this paragraph makes provisions for improving the financial and accounting procedures of the district councils paragraph 9-under paragraph 12 of the sixth schedule the state laws relating to matters in respect of which the district councils are empowered to legislate under paragraph 3 of the sixth schedule do not automatically apply to the autonomous districts there is also a provision which enables the governor to apply the state and parliamentary laws to the autonomous districts with modifications or not to apply such laws at all having regard to the provisions made in the bill the scheme of that paragraph is sought to be applied to meghalaya in a modified form by adding a new paragraph 12a in the sixth schedule paragraph h-situations may arise in which a district council may not be able to function in accordance with the provisions of the sixth schedule this paragraph, therefore, seeks to m18ke a provisfon to enable the governor to take over any or all the functions of the district council in such cases fof a period not exceeding six months "mita power to extend the period from time to time 1t has been provicied that such orders shall be subject to approval by the assam or meplaya legislature, as the case may be, within 30 days from the date of its first session after the issue of the order  paragraph 12-this paragraph provides that in so far as meghalaya is concerned, the governor shall exercise his powers under the &ixth schedule on the advice of the council of the ministers of megbalaya 12 claus6 75-under section 21a of the reserve bank of india act, 193", the reserve bank can enter into agreement with the government of a state to transact government business of that state it may be necessuy for meghalaya also to enter into similar agreemlent the particular section of the reserve bank of india act is, therefore, sought to be amplified by including therein a reference to the autonomous state of meghalaya 13: cllluse 76-this clause provid~s for representation of megbtllaya in the eastern zonal council: _ cl'auses- 6'( 1') and' 11 (1) of the lrtuprovide' for a coun"cu' of ministers leiislafure for meglfal'aya ci'auses 7(5), ~~5)' ar'la 32' tmt~ to p~-eenl o~ s-al'~t!~s a~cr allowal\ces t'o th~ ministers; sllealter and d~puty spe~ and memoers of tlie :ugislati've' ~ssefu'bly eilaulte' 25n'r pr()~id~ for a sepa~lit~ secret'ariai' staff' for t'h'e legr~na'f1ve' a'sserhbly tht! ex~'tfffure on such siilariesand -ailowmfces awd 6t'1l~r e)('pewt!tfui'e 0'( a~ i1\~~rittii nature'suen as' a'd'dni@al sraff for t'l1e'c6'uj'\cu' of min'is~s' wiu depend'ott tli"e' cfe'cisions tna"t'may be ta1t'eri by th~ ltf~ha1a)ta gt'lve!tnmem hen:' it comes into existence or lti'ws wh'i~h rriay been'acfed by th~ legistat\:freof m"eghalaya it is tyot' poss'ilfle to tfi'ake an e~t'ih1ate of su~ e'x})enttjtlli'e wfirch will' in' any case be met- from -the' cor\~oln'!afetf ful'l'd or megtrm~ c'ia'use 12'(1)' of'the bul seeks to e'i'npower the ~ii!ctt6tt c~slon to delitnif' the tifti'itb'tiai cbrtst'ifuert~es- for elett'iohs' to tt\e legfslatwe assembly ofm~ghatl:lya clatl~ 1'2(2), provideih'6t- appothtrlitelit1of nl)t more! than five asso~iate members to as's'ist the e1e~iott cotntniss'ion hi'delttritting toe constltuemci~, cla:u~ 17 provides fot el~iorts to th~ ~st'a"-ve assembty oj megh'alilya betrtjt li~lti itl accordance with the p-rovisiortt of hie retsre!!lehtatioh' 6f hie f'~ple ~ct, 1951 clause 62{1} provitit:!ls for the setting up of a provisional legislative ~erhbly, th~ delimitation of cdl'lstituencies will involve an es:pe-nditure of about rs 25,000 on account of, travelling allowances and other incidental expenditure the 'elections to the provisionlfl legislative assembly may involve an expenditure of about rs 3,000 on account of travelling allowances, etc  of the mem1:iers of the-eiecrorei colleges the expenditure on both these items which will be of a non-recu~irlg nature!, will have to be met from the consolidated fund of india the elections from territorial constituencies to the meghalaya le-gislative kssembly may involve a rioh-r~curiirlg ex~rtait\lre of about' rs z'liililis as the ele<!tibrts- would b~' held i after the autbrtmnobs s'taie of m'egllalaya comes intb existt!ri~e the ej(jjetiditut'e will: hd~mr, be met'from uie- conso1idated' fund of me-ghalaya clausef14(2) provtd9 that the electoi"al roll of eacn 1tegh'alay<a cdtfstltuehey slilill~' ~b' much of the electoral roll of the assam a'ssetntlly constifuertcy as' re!ate§ to the area of that constituency cov~re'cr' by the! meghalaya con~tittiet1cy the electoral rolls for all assam assembly constituencies are under li!ktisiofl-at present and the revised rolls will be finally published in january, 1970, no additional expenditure will, therefore, be involved in the preparation of the electoral rolls of the meghalaya assembly constituencies clause 58 of the bill along with the third schedule relates to the apportionment of assets and liabilities of the state of assam in so far as meghalaya is concerned, the cash assets falling to the share of meghalaya will accrue to its consolidated fund and the liabilities to be assumed by meghalaya will have to be met from that fund no expenditure on this account also will be involved from the consolidated fund of india clause 63 provides for a special committee for shillong being constituted fo'r advising the two governments on matters of common interest with respect to shillong expenditure, if any, in regard to this committee will have to be met either by government of assam or partly by that government and partly by government of meghalaya hence this provision also will involve no expenditure from the consolidated fund of india under clause 67 meghalaya is proposed to be treated as a state for the purposes of articles 272, 275 and 282 by virtue of the order to be made under clause 56, a part of assam's share of union duties of excise under article 272 will have to be paid to meghalaya out of the consolidated fund of india similarly, by virtue of the order under that clause, a part of the grants-in-aid payable to assam under article 275(1) will have to be paid to meghalaya from the consolidated fund of india the precise quantum of such devolution and grants to meghalaya cannot, however, be estimated at this stage as the amount would depend on the areas which would ultimately form part of the autonomous state hence, provision has been made in clause 56 to determine by a presidential order the proportion in which the grants-in-aid and central taxes payable to assam are to be allocated between assam and meghalaya assam is also receiving plan grants and certain non-plan grants under article 282 so much of these grants as are relatable to subjects transferred to meghalaya will have to be diverted to the autonomous state the precise amount of such grants to meghalaya cannot be estimated at this stage as this would depenq on factors like the size of the plan for meghalaya however, to the extent resources are transferred from assam to meghalaya, there will be no extra expenditure from the consolidaied fund of india clause 76 provides for repre3entation being given to meghalaya on the eastern zonal council this will involve some expenditure on the travelling allowances of the members of the council representing meghalaya to attend meetings of the council the expenditure will, however, be met from the consolidated fund of meghalaya and there will be no expenditure on this account from the consolidated fund of india clause 67 provides for meghalaya being treated as a state for purposes of articles 149, 150 and 151 of the constitution and paragraph 7 of the fourth schedule provides for the audit of the accounts of the district councils by the comptroller and auditor·general these arrangements may require the strengthening of the establishment of the office of the accountant general, assam and nagaland, and the expenditure on this account is estimated at rs 30,000 per annum recurring and rs 5,000 nonrecurring clause 9(3) of the bill empowers the governor to make rules for the more convenient transaction of business of the government of meghalaya and for allocation among ministers of the said business clauses 7(5), 23(5) and 32 would enable the governor to determine the salaries and allowances of ministers, speaker and deputy speaker and members of the legislative as~embly until laws in that behalf are enacted clause 25 (3) of the bill empowers the governor to make, after consultation with the speaker of the legislative assembly, rules regulating the recruitment and conditions of service of persons appointed to the secretarial staff of the legislahre assembly, pending enactment of a law on the subject clause 47 of the bill empowers the legislative assembly of meghalaya to make rules for regulating its procedure and conduct of business it further provides that till such rules are made, the rules of procedure and standing orders applicable to the legislative assembly of assam shall apply to the legislative assemibly of meghalaya subject to any modifications or adaptations which may be made by the governor clause 54 provides for rules regarding the custody, etc, of the consolidated fund and contingency fund of meghalaya being made by the governor pending the enactment of legislation in this behalf clause 56 empowers the president to determine by order the proportion in which the grants-in-aid under article 275(1) of the constitution and taxes on income, duties of excise, estate duty, etc, shall be payable to the state of assam and the autonomous state of meghalaya it is not possible to specify in the bill the actual proportion because the actual territorial extent of meghalaya would be known only after the district councils of north cachar hills autonomous district and the mikir hills autonomous district have exerc :sed their option the order of the president will however be laid before parliament clause 66(2) empowers the appropriate government to adapt existing laws in order to facilitate their application in relation to the autonomous state of meghalaya this power will be available for a period of two years from the appointed day clausl' 17 empowers the president to direct, after consultation with the election commission, thl' modifications rubject to' which the representation of the people act 1951, would apply to elections to the legislative assembly of meghalaya clause 55(3) empowers the central government to direct that the laws with respect to tanf:'s on the consumption or sale of electricity and sale or purchase of goons shan have effect subject to specified exceptions and modifications for the purpose of enabling the government of meghalaya to collect those taxe-; the adaptations exceptions and modifications referred to above cannot affect the ~ubstance of the enactments clause 77 makes the usual provision regarding power to make rules it empowers the central government to make rules to give effect to the provisions of the bill the rules will have to be laid before both houses of parliament in the f~th schedwe tothe billl (whicb ne~s to ~9~8, sixth ~~~edule to the constitution), it is proposed to amend paragraph 2 of the sl?'~h schedule so as to provide that the rules relatmg to lilnitlitwm of constituencies, el~ctions, etc, to the district councilb which ar~ at present made' by the co'uncils themselves, should be made with the approlval dt the governor {p1¥~~ 2(iv)] lt is f~r~ proposed to ~e~ci paraaraph  ,qf the batk;l&be4ule to enal:l~ viuage level courts t9, fuqctton marc jjf less like nyjya papr;:h~iyats in the r~s~ of th,ecqumry subj~t to tpe 1-1' )<;e9~ral rules relating to these courts being made by the assam ~vernm('~t or tpe meghalaya government, as the case ma~ be it is in-~~r--~i!d ~l: at appe~ls from the village level courts shojild lie to regwar c;~ur~s [p~rawaph 4(iii)] it is also proposed to amend paragj'apb ·7 f)/ the sixth schedule so as to take power for the governor to make rujw; for the management of the district fund or the regional fund, pfooedur~ for paiyment of ~oney into it, etc [paragraph 7] jt i~ a)~opropos~ to amend paragraph ~ pf the si~~p sched~1,e to emppwfff tp~ pi~trict council to make regujations, with the p;evipus approv~l of -~pe g()ve},'por, for tl}e replation of primary ~qolij, d~peflsari~, et~', ~,~"~pjish~d by thept [paragj:aph6] it will be seen that the matters mentioned above are metiers qf 1i114il or per,tain to prgcec4lfb ajld a~ §4~~ ~ 4e~~atiqn 9£ l~,@isljltive pgw-ers is of a normal nature - - - - -  sixth schedule [articles 244(2) and 275(1)] prorisiods as to the administratiod of tribal areal in allam1 autonomous districts and autonomous regions-(1) •••• ,  - - - - - - (3) the governor may, by public notification,-(a) include any area in part a of the said table, , , i (b) exclude any area from part a of the said table, (c) create a new autonomous district, (d) increase the area of any autonomous district (e) diminish the area of any autonomous diitrict - (j) unite ~o or more autonomous district! or par1:l thereo1 '0 as to form one autonomous district, ~': (g) define the boundaries of any autonomous district: provided that ilq order shall be made by the governor under clauel (:c), (jii), (e) and (1) of this sub-paragraph except after :onaideration of the report of a commission appointed under sub-paragraph (1) of paragraph 14 of this schedule 2 constitution of district councils and repooal counaiii-(1) there shall be a district council for each autonomous district con&isting of not miore than twenty-four members, of whom not lesa than three-lourtha shall be elected on the basis of adult suffrage - - - - - - (6) the governor shall make rules for the first constitution of dis--trict councils and regional councils in consultation with the exiting tribal councils or other representative tribal organisations within the autonomous districts or regions concerned, and such rules shall pro~d f " \ - ,\ '',' '~",: 'j  ~ or- ,f ' ,';-1 "j i, - - - - - - ," <e> the term of office of members ,of such councils; - - - - - - (g) the procedure and the conduct of businesa in the diatrict and regional councils; - - - - - - (7) the district or the regional council may after its 8rst eonatitl1· tion make rules with regard to the matters specified in sub-paragraph, (0) of this paragraph and may also make rules regulating-(4) the formation of subordinate local councils or boardt and their procedurej and the conduct of their business; and (b) generally all matters relating to the transaction of buttoeaa pertaining to the administration of the district or region, u the cue may be: t, if • provided that until l'ules arc made by the dj/ilrict or the regional council under this sub-paragraph the rules made by the governor under sub-paragraph (6) of this paragraph shall have effect in respect of elections to, the officers 1lm ~ ef, and the prc;>cedure and the conduct' of business in, each such council: provided fwthef ~at the d~puty com1pis$io~ or tpe ~ub-piv~ional officer  as the cafe may be, of the north cachar and moor iiillsshall be the chairman ex-officio of the district council in respect of the territories included in items 5 and 6 respectively of part a of the table appended to praragraph 20 of this schedule and shall have power for a period of six years after the first cc;>pstitution of tbq dstrict council, subject to the control of the governor, to annul or modify any resolution of decision of the district council or to issue such instructions to the district council, as he may consider appropriate, and the distriet council shall -comply with ew!ry sueh instruction issued 3 powers of the district ccmukib and regional countils to mbke laws-(1) the regional council for an autonomous region in respect of ajl areas within such region and the district council for an autonomous eli8tr'ictt ij:lreepect of allai'eas within $e c;iistrict except those which are under the authority of regional councils, if any, wiulip the ~c'~ ~hal1 have power to make laws with respect to- (a) the allotment, occupation or use, or the setting apart, of land, other than my land which is a reserved forest, for \he purpose of agriculture or grazing or for residential or other nonr-airicultural purposes or for any other purpose likely to promote the idtehijts of the inhabitants of any village or town: provided that nothing in such laws shall prevent the compulsory acquisition of any land, whether oceupied or unoccupied, for public purposes by the govemment of assam in accordance with the law for the time being in force authorwng, sucll 4lcquisition; (b) the managenlent of any forest not being a reserved forest; (c)' the use of any canal or water-course f(1c the purpose of agriculture; l \ (d) the regulation of the practic:e of·, jhum or other forms of _ shifting cultivation; (e) the establishment of village or town committees or councils and their powers; (f) any other matter relating to village or town administration, including village or town police and public health and sanitation; (g) the appointment or succession of chiefs or headmen; (h) the inheritance of property; (0; mani~ie; ''"7-• " (j) socia! customs '" '" " '" '" - 4 administration of justice in autodoinious districts and autonoldoui -,to  -(l) the regional co\ulcil for an autonolijlous region in respect of 'areas within :such region and the di~trict council -for an a~oub di!i»"i~ ~, ~~pectof areas \vithin the district other than those which are under the authority of the regional councils, if any, within the district may 'constitute village' councils or courts for the trial of sui ts and cases  between the patties all of whom belong to scheduled tribes '~tb1n guch areas~'other' than suits and cases to which the provisions of sub-patagtaph ' (1) of paragraphs of this schedule apply, to the exclusion of any court to ' the sfa'te,·andmay appoint suitable persons to be members of stich village councils or presiding officers of such courts, and may also appoint such officers as may be necessary for the administration of the laws made under paragraph 3 of this schedule (2) nqt~ithstanding anything in this constitution, the regional co~cil fqr an ilutonomous region or any court constituted in that behalf by the regional counc:il or, if in reipect of auy area wi~ an autonomous district there is no regional council, the 'district council for' such district, or any court constituted in that behalf by the district council, shall exercise the powers of a court of appeal in respect of all suits and cases triable by' a village council or coart con'stitutedunder ·sub  pangraph (1) of this paragraph within such region or area, as the ease n1ay be~ btlwllt' than those to which the provisions of su't);paragraph ~l)· of pat1lgtaph si- ~ of this sch~dule apply, and no other court except the high court and the supreme court shall have jurisdiction over such suits or cases  '  : '(3) 'phs high caurt ,01 assam shall have and, ~e~f';ise ~, ~~cti, qv_ the· suits ad easel to whic:h the p~iolw of sl,tb-par4ph (a) of ibis-paragraph ~ly as the governch:' merr trom time to tjme by order~:  4 a ~gional council or district council, as th~ case may be; may with the previous approval of the governor make rules regulating- (11)' th~aonstitutionof vm&ge< eollrllo!l8> and' courts anel, thei powers  to bt! exereiaed -by th~ under· tlns ~apapb; -(b) the p!'ocedure to'be foll~ed b~ vihagecouncils or co~rll -"~~q: the trial· of suits antj,cateb under sub·paragraph (lj of trus para~" ''mnh·,      ~-"'f" ,  ~'-ute- ~~to· be followed: by the ;regional or district, council or any court constituted' by such cowcit in· appeals: ad other proceedings under sub-paragraph (2) of this paragraph; (d) the enforcement of decisions and orders of such councils and cour~i (e)att clther ancillary matters for the carrying out ottlle·~   ,viions·of~agraph (1) anq;' (2) of, tiuparagrapll - - - '  ' ';i;~~~o~"drediwiiict couadl to ntabliah'priallri s  - ~ ~i~on for an autoaomous: diatriet lnll)'! eatabli8h, -c~ orinmap'~:sehools;' cli8pe'mjariettj markets, cattle ~da, f~ fisheries, roads 8nd waterways in the district and, in particui8r, may prescribe :the language- and the mamler in which ·primary edu'5tion shall be imparted in the primary schools in the district  '7  1>;ist:rict and reaional f'udcis  - (1 ) ,ii' (2)' subject to the approval of the governor, rules may' be madeb)' the district council and by the uegional council for the manaiement of the district fund or,as the case may be, the regional p'wid, and' the  rules so made may prescribe-the procedure to be' followecl fit respect -of payment- of money into the said fuhd, the withdrawal" of momys therefrom, the custody of moneys thereiu and aily other matter eonnected ' with or ancillary to the matters aforesaid   8 powers to uses and collect land revenue and te impnee taua-(1) ,                   -                                 -                                               -                                                             -                                                                           -                                                                                         -    (4) a regional council or district council, as the case may be, may make regulations to provide for the levy and collection of any of the taxes specified in suj:>-paragraphs (2) and (3) of this par~aph                      -                               -                                          -                                                     -                                                                -    12 appticauon of acts of parliament add" of the ~"tun of tbii state to autodolda)us clistricts and autonomous repons-(l)                                                                                     notwith-tanding anything in this constitution-            -                           -                                         -                                                       -                                                                     -                                                                                   -       (b) the governor may, by public notification, direct that my aci  of parliament or of the legislature of the state to which the provi- sions of clause (a) of this sub-paragraph do not apply shall notapp11  to an autonomous district or an autonomous region, or ahall apply to  such district or region or any part thereof subject to iucb __ ~oaa ,  or modifications as he may specify in the notification         -                      -                                  -                                               -                                                            -                                                                         -     13 estimated receipts add expenditure pertaididc to aut"llclllllalua en trieta to be shown  -tel, in the alldual 6n aocial ltatemedtr-the estimated recepits and ependiture pertaining to an autonomous dlitrict which are to be credited to, or is to be made from, the consolidated fudd of the state of assam shall be first placed before the district council for discussion and then after such discusalon be shown leparately m the annual financial statement of the state to be ,laid before the leei8latur of the state under article 202 - - - - - 15 adnulment or irbpeusiod of acta and resolutiobs of dlstrict and bepooal eowac:ils-(l) if at any time the governor is satlatied that an act or resolution of a dittict or a regional coundl is liltely to endangdt the safety of india, he may annul or suspend such act or resolution and take such steps as he may consider necessary (inchldlng the suspension of the council and the assumption to himself of all or, atly of the po~ vested in or exereisable by the council) to prevent the commtss1oaot continuanee of such ~, or the giving of effect to such l'8iolution  - - - - -  - extract nom the reserve bank of india act, 1934j, (201' 1934) -  -  2ia (1) the bank may by agreement with the government of any state undertake-(a) all its money, remittance, exchange and banking transactions in india, including in particular, the deposit, free of interest, of all its cash balances with the bank; and (b) the management of the public debt of, and the issue of any new loans by, that state  -  - ,  bank to tralllact government b~­nessot states on agree_ ment  extract from th'i!l states reorganisation act, 1956 (37 of 1956) - - - 16 (1) the zonal council for each zone shall consist of the following members, namely:-- -   - composition otthe councill (d) in the case of the eastern zone, the person for the time being holding the office of the adviser to the governor of assam for tribal areas ' ' -  a bill 10 provide for the formation within the state of assam of an autmiomous state to be mowq ii mesbalaya and for maners connected therewith (shrt y b c"-- m,," of h"",,:a/fgirs) 