 bill no 107 of 1988 (amendment) the sixth schedule to the constitution bill, 1988 a billfu r t h e r  to  a m e n d  th e  s ix t h  s c h e d u le  to th e  c o n s titu tio n  o f in d ia  in  its  a p p lic a tio n  to  th e  s ta te s  o f t r ip u r a  a n d  m iz o ra m shorttitlebe it enacted by parliam ent in the thirty-ninth year of the repub­lic of india as follows:—1- this act m ay be called the sixth schedule to the constitution (a m endm ent) act, 1988 i5 2, the sixth schedule to the constitution shall, in its application tothe states of t ripura and mizoram, have effect subject to the following modifications, nam ely: —(1) in paragraph 9, after sub-paragraph (2), the following subparagraph shall be inserted, nam ely:—applica­ tion of sixth schedule to the states of tripura andmizoram10 ''(3) the governor may, by order, direct that the share ofroyalties to be made over to a district council under this para­graph shall be made over to that council within a period of one year from the date of any agreement under sub-paragraph( 1) or, as the case may be, of any determ ination under sub-15 paragraph (2 )/'(2) in paragraph 10,—(a) in the heading the w ords ''by non-tribals" shall be om itted;(b) in sub-paragraph (1), the w ords "other than scheduled t ribes" shall be om itted; 5(c) in sub-paragraph (2), for clause (d), the following clause shall be substituted, nam ely:—" (d) prescribe th at no person resident in the district shall carry on any trade, w hether wholesale or retail, except under a licence issued in th at behalf by the d istrict lo council: "(3) for paragraphs 12aa and 12b, the following paragraphs shall be substituted, nam ely;— ^"12aa a pplication of acts of parliam ent and of the legis­latu re of ihe state of t ripura to the autonom ous  district and 15 autonom ous regions in the state of t rip u ra— n otw ithstanding anything in this constitutidn,—(a) no act of the l egislature of the s tate of t ripura in respect of any of the m atters specified in paragraph 3 of this schedule as m atters w ith respect to which a d istrict coun- 20 cil or a regional council m ay m ake laws, and no a ct of the l egislature of the s tate of t ripura prohibiting or restricting the consum ption of any nonrdistilled alcoholic liquor shall apply to the autonom ous district or an autonom ous region in th a t s tate unless, in either case, the d istrict council for 25 th at district or having jurisdiction over such region by pub­lic notification so directs, and the d istrict council in giving such direction w ith respect to any a ct m ay direct th at th e act shall, in its application to th at district or such region or any p art thereof, have effect subject to such exceptions or 30 modifications as it thinks fit;(b) the g overnor m ay, by public notification, direct th at any a ct of the l egislature of the s tate of t ripura to w hich the provisions of clause (a) of this sub-paragraph do not apply, shall not apply to the autonom ous district or an 35 autonom ous region in th a t state, or shall apply to th at dis­trict or such region, or an y  p art thereof, subject to such ex­ceptions or modifications, as he m ay specify in the notifica­tion; !(c) the president may, w ith respect to any act of p ar- 49 liam ent, by notification, direct th at it shall not apply to the autonom ous district or an autonom ous region in th e s tate of t ripura, or shall apply to such district or region or any p art thereof, subject to such exceptions or m odifications as he m ay specify in the notification and any such direction 45 m ay be given so as to have retrospective effect 12b application of acts of parliament and of the legislature of the state of mizoram to autonomous districts and autonomous regions in the state of m izoram -n otw ithstanding anything in this constitution,-10(a) no act of the legislature of the state of mizoram; in respect of any of the m atters specified in paragraph 3 of this schedule as m atters w ith respect to which a district council or a regional council may make laws, and no act of the legislature of the state of mizoram prohibiting or restrictin,g' the consumption of any non-distilled alcoholic liquor shall apply to any autonomous district or autonomous region in th at state unless, in either case, the district council for such district or having jurisdiction over such region, by public notification, so directs, and the district council, in giving such direction w ith respect to any act, may direct that the act shall, in its application to such district or region or any p art thereof, have effect subject to such exceptions or modifications as it thinks fit;(b) the governor may, by public notification, direct th at any act of the legislature of the state of mizoram to which the provisions of clause (a) of this sub-paragraph do not apply, shall not apply to an autonomous district or an autonomous region in that state, or shall apply to such dis­trict or region, or any part thereof, subject to such excep­tions or modifications, as he may specify in the notification;(c) the president may, w ith respect to any act of p ar­liam ent, by notification, direct that it shall not apply to an autonom ous district or an autonomous region in the state of m izoram, or shall apply to such district or region or any^ part thereof, subject to such exceptions or modifications as he m ay specify in the notification and any such direction m ay be given so as to have retrospective effect' (4) in paragraph 15, in sub-paragraph (2)—(a) in the opening paragraph, for the words "by the legis­lature of the s tate", the words "by him " _shall be substituted;35( b) the proviso shall be omitted-(5) tn paragraph 16—(a) in sub-paragraph (1), the words "subject to the previ­ous approval of the legislature of the state'' occurring in clause40 (b) , and the second proviso shall be omitted;(b) for sub-paragraph (3), the following sub-paragraph shall be substituted, namely; —" (3) every order made under sub-paragxaph (1) or sub-paragraph' (2) of this paragraph, along with the reasons 45 therefor shall be laid before the legislature of the stat(6) in paragraph 20, in the table, in p a rt iii, for serial num ­bers 2 and 3 and th e entries relating thereto,, the following shall be substituted, nam eliy:— |"2 the m ara d istrict (3 the l ai d istrict" i(7) a fter paragraph 20b, the following paragraph shall be in­serted, nam ely:— i''20bb exercise of discretionary powers by the governor' in the discharge of his functions—the g overnor, in the discharge of his functions under sub-paragraphs (2) and (3) of paragraph1, sub-paragraphs (1) and (7) of paragraph 2, sub-paragraph(4) of paragraph 4, paragraph 5, sub-paragaph (1) of paragraph6, sub-paragraph (3) of paragraph 9, sub-paragraph (1) of para­graph 14, sub-paragraph (1) of paragraph 15 and sub-para­graphs (1) and (2) of paragraph 16 of this schedule, shall, after consulting the council of m inisters, and if he thinks it necessary, the d istrict council or the regional council concern­ed, take such action as he considers necessary in his discretion"the provisions of the sixth schedule bo the constitution have evolved a separate scheme for the adm inistration of the tribal areas in assam, m eghalaya, mizoram and tripura through the institution of d istrict councils or regional councils- these councils are vested with legislative authority on specified subjects, allotted sources of taxation and given powers to set up and adm inister their system of justice and m aintain adm inistrative and welfare services in respect of land, revenue, forests, education, public health, etc2 over a period of time, the m inority tribals of mizoram covered under , the sixth schedule have come to feel tjiat their autonomy under the sixth schedule will be more m eaningful and they can achieve speedier progress if there is less overall control of the state gk)vernm ent over them  in m atters like approval of the rules made by the d istrict councils, nom ination of their members, appointment of com­mission to inquire into their adm inistration, their dissolution, etc they have, therefore, represented that the governor should exercise powers in his discretion in these m atters in the m emorandum of settlem ent on mizoram, there is a provision that the rights and privileges of the m inorities in mizoram as envisaged in the constitution shall continue to be preserved and protected similarly, in the memorandum of settlem ent on tripura, there is a commitment to the protection of tribal interests3 in pursuance of the memoranda and to meet the aspirations of the m inority tribals in mizoram and tripura it has been provided that the grovernor shall act in his discretion in the discharge of certain of his functions o pportunity has been availed of to bring the language of the provisions relating to the application of the acts of parliam ent and of the state legislatures in line w ith the language used in the corresponding provisions in relation to the state of assam the bill also provides for a tim e lim it in m aking over the share of royalties to the d istrict councils4 the bill seeks to achieve the aforesaid objectsn ew  d elh i; sontosh mohan devthe 2nd september, 1^88 a billfurther to amend the sixth schedule to the constitution of india in its application to the states of tripura and mizoram(sh sontosh mohan dev, minister of state in the ministry of home affairs)