 bill no 147 of 1986 —— the state of arunachal pradesh bill, 1986 a billto provide for the establishment of the state of arunachal pradesh and for matters connected therewith be it enacted by parliament in the thirty seventh year of the republic of india as foliows:—  part 1 preliminary1 this act may be called the state of arunachal pradesh act, 1986 short title 5 2 in this act, unless the context otherwise re uires,— q' (a)"administratoz" means the administrator appointed by the definitions, president under article 236; (b) "appointed day" means the day which the central govern- 10 ment may, by notification in the official gazette, appoint; (c) "article" means an article of the constitution; (da) "election commission" means the election commission appointed by the president under urticle 324; (€) "existing union territory of arunachal pradesh" means the union territory of arunachal pradesh as existing immediately before the appointed day; (f) "law" includes any enactment, ordinance, regulation, order, bye-jaw, rule, scheme, notification or other instrument having, immediately before the appointed day, the force of law in the whole or any part of the existing union tercitory of arunachal pradesh; (g) "sitting merater", in relation to either house of parliament 5 or of the legislative assembly of the existing union territory of arunachal pradesh, means a person who, immediately before the appointed day, is a member of that house or that assembly; (h) "treasury" includes a sub-treasury  part ti 10 establishment of the state of arunachal pradeshestablishment of the state 3 on and from the arpointed day, there shall be established a new state to be known as the state of arunachal pradesh comprising the territories which jmmedistely before that day were comprised in the existing union territory of arunachal pradesh 15 4 on and from the appointed day, in the first schedule to the constitution,— i i of arunachal pradesh, amendment of first schedule (a) under the heading "i the states", after entry 23, the following entry shall be inserted, namely: - to the constitu- "94, arunachal pradesh the territories svecified in csertion 20 tion 1 of the north-eastern areas (reorganisation) act, 1971"5 (b) under the heading "ti the unton territories", entry 8 relating to arunachal pradesh shall be omitted  part iii representation in the legislatures 25 the council of states5 on and from the appointed day, in the fourth schedule to the constitution, in the table,— amendment of fourth schedule to the constitu- (a) entries 24 and 25 shall he re-numbered as entries 25 and 26 respectively, and before entry 25 as so re-numbered, the following 3° entry shall be inserted, namely: - tion "94, arunachal pradesh apes (b) entry 26 shall be omitted allocation of sitting member 6 (1) on and from the appointed day the sitting member of the council of states representing the existing union territory of arunachal 35, pradesh shall be deemed to have been duly elected under clause (4) of article 80 to fill the seat allotted to the state of arunachal pradesh in that council i (2) the term of office of such sitting member shall remain unaltered 7, on and from the appointed day, in sertion 27a of the representa- 4° tion of the people act, 1950, in sub-section (4), for the words "the electoral college for each of the union territories of arunachal pradesh and pondicherry", the words "the electoral college for the union territory amendment of section 27a of act 43 of pondicherry" shall be substituted of 1950  the house of the peoplealloca- 43 of 1950 5 8 (1) on and from the appointed day, the allocation of seats to the stale of arunacnal praaesn in the house of the people shall be wo; and the first schedule to the representation of the people act, 1950, shall be deemed to be amended, accordingly tion of seats in the existing house of the people, 10 (2) on and from the appointed day, the two parliamentary constituencies of the existing union territory of arunacnal pradesh shall be deemed to be the parliamentary constituencies of the state of arunachal pradesh and the deumiation of parliamentary and assembly constituencies order, 1976, shall be construed accordingly provision 9 the sitting members oi the house of the people representing the constituencies which, on the appointed day, by virtue of the provisions as to sitting members, cf section 8 become the consutuencies of the state of arunachal pradesh shail be deemed to have veen elected under sub-clause (@) of clause 15 (1) of articie 81 to the house of the feople by their constituencies,  the legislative assembly40 on and from the appointed day, the total number of seats in the legisiauve 4assembly of tne stae of arunachal pradesh to be filled by personas, chosen by direct eiection from assembly constituencies snal! 20 of 1950, provision as to  legislative assembly, se forty; ana the second scnedule to the representation of the people act, 1950, shall be deemed to be amended accordingly il, (1) notwitastanding anything contained in this act (including provisions reiating to the swength of the legislative assembly of the state of arunachal pradesh), until the legislative assembly of that 25 state has been duly constituted and summoned to meet for the first provisional legislative as sembly, session, there shall be a provisional legislative assembly which shall consist of members elected py the territorial constituencies of the legislative assembly of the existing union territory of arunachal pradesh, 0 (2) the period of five years refeired to in clause (1) of article 172 shail, in the case of the provisional legislative assembly referred to in sub-section (1), be deemed to have commenced on the day on which the duration of the existing legislative assembly of the union territory of 1963 of aiunachal pradesh commenced under section 5 of the government of union territories act, 1963 35 (3) the provisional legislative assembly constituted under this section shail, for so long as it is in existence, be deemed to be the legislative assembly of the state of arunachal pradesh and shall be competent to discharge all the functions of a legislative assembly of a state under the constitution, fe) speaker and deputy speaker, 12 the persons who immediately before the appointed day are the speaker and the deputy speaker of the legislative assembly of the union territory of arunachal pradesh, shall be the speaker and the deputy speaker, respectively, of the provisional legislative assembly of the state of arunachal pradesh on and from that day 13 the rules of procedure and conduct of business of the legislative assembly of the existing union territory of arunachal pradesh as in rules of procedure, force immediately before the appointed day shall, until rules are made under clause (1) of article 208, be the rules of procedure and conduct of business of the provisional legislative assembly of the state of arunachal pradesh, subject to such modifications and adaptations as may be made therein by the speaker thereof  delimitation of constituenciesdelimitation of 14, (1) the election commission shail, in the manner herein provided, distribute, whether before or after the appointed day, the seats assigned constituencies, to the legislative assembly of the state of arunachal pradesh under section 19 to single-member territorial constituencies and delimit them ' having regard to the provisions of the constitution and to the following provisions, namely:— (a) all constituencies shall, as far as practicable, be geographically compact areas, and in delimiting them regard shall be had to physical features, existing boundaries of administrative units, 15 facilities of communication and public convenience; and (b) constituencies in which seats are reserved for the scheduled tribes shall, as far as practicable, be located in areas where the proportion of their population to the total population is the largest (2) for the purpose of assisting it in the performance of its functions 20 under sub-section (1), the election commission shall associate with itself as associate members,— (a) the sitting members of the house of the people referred to in section 9; and (b) such six of the members of the legislative assembly of the 9; existing union territory of arunachal pradesh or, as the case may be, the provisional legislative assembly referred to in section 11 as the speaker thereof may nominate: provided that mone of the associate members shall have a right to vote or to sign any decision of the election commission 30 (3) if , owing to death or resignation, the office of an associate member falls vacant, it shall be filled, if practicable, in accordance with the provisions of sub-section (2) (4) the election commission shall— (a) publish its proposals for the delimitation of constituencies 35 together with the dissenting proposals, if any, of any associate member who desires publication thereof, in the official gazette and in such other manner as the commission may consider fit, together with a notice inviting objections and suggestions in relation to the proposals and specifying a date on or after which the proposals will be further 40 considered by it; (b) consider all objections and suggestions which may have been received by it before the date so specified; (c) after considering all objections and suggestions which may have been received by it before the date so specified, determine by one or more orders the delimitation of constituencies and cause such 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 shall not be called in question in any court (5) as soon as may be after stich publication, every such order relating to assembly constituencies shall be laid before the legislative assembly of the existing union territory of arunachal pradesh or, as the case may he, the provisional legislative assembly referred to in 5 section 11 15 (1) the election commission may, from time to time, by notification in the official gazette,— (a) correct any printing mistake in any order made under section 14 or any error arising therein trom inadvertent slip or omission; | power     | of    ||-----------|-------|| election  |       || commis-   |       || sion      | to    || maintain  |       || delimi'a- |       || tion      |       || orders    |       || up-to-    |       || date     |       |10 (6) where the boundaries or name of any territorial division mentioned in any such order are or is altered, make such amendmenis as appear to it to be necessary or expedient for bringing such order up-to-date (2) every notification under this section relating to an assembly 15 constituency shall be laid, as soon as may be after it is issued, before the legislative assembly of the existing union territory of arunachal pradesh or, as the case may be, the provisional legislative assembly referred, to in section 11 16 (1) on and from the appointed day, the constitution (schedulgo ed castes) order, 1950, shall stand amended as directed in the first schedule, amendment of scheduled  castes orders (2) on and from the appointed day, the constitution (scheduled castes) (union territories) order, 1951, shall stand amended as directed in the second schedule 25 17 (j) on and from the appointed day, the constitution (scheduled tribes) order, 1950, shall stand amended as directed in the third schedule, amendment of scheduled tribes orders, (2) on and from the appointed day, the constitution (scheduled tribes) (union territories) order, 1951, shall stand amended as directed go in the fourth schedule  part iv hicu courr18 (1) on and from the appointed day,— (a) there shall be a common high court for the states of 35 assam, nagaland, meghalaya, manipur, tripura, mizoram and arunachal pradesh to be called the gauhati high court (the high court of assam, nagaland, meghalaya, manipur, tripura, mizoram and arunachal pradesh) (hereinafter referred to as the common high court); 40 (b) the judges of the high court of assam, nagaland, meghalaya, manipur, and mizoram tripura holding office immediately before that day shall, unless they have elected otherwise, become on that day the judges of the common high court common high court for assam, nagaland, megha- jaya, manipur, tripura, mizoram and arunachal pradesh(2) the expenditure in respect of the salaries and allowances of 5 the judges of the common high court shall be allocated amongst the states of arunachal pradesh, assam, manipur, meghalaya, mizoram, nagaland and tripura in such proportion as the president may, by order, determine 19 (1) on and from the appointed day,— provision as to advocates (a) in the advocates act, 1961, in section 3, in sub-section (1), for clause (b), the following clause shall be substituted, namely:— "(b) for the states of arunachal pradesh, assam, manipur, meghalaya, mizoram, nagaland and tripura to be known as the bar council of assam, nagaland, meghalaya, manipur, tripura, mizoram and arunachal pradesh;"; \ 10 (b) the bar council of assam, nagaland, meghalaya, manipur, tripura and mizoram shall be deemed to be the bar council of assam, nagaland, meghalaya, manipur, tripura, mizoram and arunachal pradesh: (2) any person who, immediately before the appointed day, is an advocate entitled to practise in the high court of assam, nagaland, meghalaya, manipur, tripura and mizoram shall be entitled to practise as an advocate in the common high court 15 (3) all persons who, immediately before the appointed day, are advocates on the roll of the bar council of assam, nagaland, meghalaya, manipur, tripura and mizoram shall as from that day, become advocates on the roll of the bar council of assam, nagaland, meghalaya, manipur, tripura, mizoram and arunachal pradesh, 20 (4) the right of audience in the common high court shall be regulated in accordance with the like principles as, immediately before the appointed day, are in force with respect to the right of audience in the high court of assam, nagaland, meghalaya, manipur, tripura and mizoram: 25 provided that as among the advocates-general of the states of arunachal pradesh, assam, manipur, meghalaya, mizoram, nagaland and tripura, the right of audience shall be determined with reference to their dates of enrolment as advocates 30 practice and procedure 20 subject to the provisions of this part, the law in force immedia~ tely before the appointed day with respect to practice and procedure in the high court of assam, nagaland, meghalaya, manipur, tripura and mizoram shall, with the necessary modifications, apply in relation to the common high court, } in the common high court custody of seal 21 the law in force immediately before the appointed day with respect to the custody of the seal of the high court of assam, nagaland, meghalaya, manipur, tripura and mizoram shall, with the necessary modifications, apply with respect to the custody of the seal of the common high court of the common high court 40 22, the law in force immediately before the appointed day with respect to the form of writs and other processes used, issued or awarded by the high court of assam, nagaland, meghalaya, manipur, tripura and mizoram shall, with necessary modifications, apply with respect to form of writs and other processes, the form of writs and other processes used, issued or awarded by the common high court 45powers of judges 23 the law in force immediately before the appointed day with respect to the powers of the chief justice, single judges and division courts of the high court of assam, nagaland, meghalaya,  manipur tripura and mizoram and with respect to all matters, ancillary to the exercise of those powers shall, with the necessary modifications, apply in relation to the common high court, 24, (1) the principal seat of the common high court shall be at the same place at which the principal seat of the high court of assam, nagaland, meghalaya, manipur, tripura and mizoram is located immediately before the appointed day principal (2) the president may, by notified order, provide for the establishment of a permanent bench or benches of the common high court at one or more places within the territories to which the jurisdiction of the high seat and other places of sitting 10 court extends, other than the principal seat of the high court, and for any matters connected therewith: of the common high court, provided that before issuing any order under this sub-section, the president shall consult the chief justice of the common high court and the governor of the state in which the bench or benches is or are pro- 15 posed to be established (3) notwithstanding anything contained in sub-section (1) or subsection (2), the judges and division courts of the common high court may also sit at such other place or places in the states of assam, nagaland, meghalaya, manipur mizoram and arunachal pradesh as the chief 20 justice may, with the approval of the governor of the state concerned, appoint : procedure as 25 the law in force immediately before the appointed day relating to appeals to the suvreme court from the high court of assam, nagaland, meghalava, manivur, tripura and mizoram and the judges and division 25 courts thereof shall with the necessary modifications, apply in relation to the common high court to appeals to supreme court 26 (1) ali proceedings pending in the high court of assam, naga- transfer jand, meghalaya, manivur, tripura and mizoram immediately before the appointed day shall, from such day, stand transferred to the common hieh go court (2) every proceeding transferred under sub-section (1) shall be disposed of by he common high court as if such proceeding was entertained by that high court of proceedings from the high court of assam, nagaland, meghalaya, manipur, tripura and to mizoram the common high court 27 for the purposes of section 26,-— interpretation35 (a) proceedings shall be deemed to be pending in a court until that court has disposed of all issues between the parties, including any issues with respect to the taxation of the costs of the proceedings and shall include appeals, applications for leave to appeal to the supreme court, avplications for review, petitions for revision and 40 petitions for writs; and (b) references to a high court shall be construed as including references to a judge or division court thereof; and references to an order made by a court or a judge shall be construed as including references to a sentence, judgment or decree passed or made by that 45 court or judge right to 28 any person who, immediately before the appointed day, is an advoappear cate entitled to practise in the high court of assam, nagaland, meghaa ae jaya, mamipur, tripura and mizoram and was authorised to appear or to coe e act in any proceedings transferred from the said high court to the comtransfermon high court under section 26 shall have the right to appear or to act, 5 ' ted to as the case may be, in the common high court in relation to those vrothe com- —_ ceedings  oe mon high court saving 29 nothing in this part shall affect the application to the common high court of any provisicns of the constitution, and this part shall have effect subject to any provisicn that may be made on or after the appoint- 10 ed day with respect to that high court by any legislature or other authority having power to make such previsions, part v authorisation of expenditure and distribution of revenues authori- 30 (1) the president may, at any time before the appointed day, 15 sation of authorise by order such expenditure from the consolidated fund of the ae state of arunachal pradesh as he deems necessary for a period of not jure penmore than six months beginning with the appointed day, pending the soe sanction of such expenditure by the legislative assembly of the state of ion by arunachal pradesh: 20 ee provided that the governor of arunachal pradesh may, after the : appointed day, authorise ky order such further expenditure as he deems necessary from the consolidated fund of the state of arunachal pradesh for any veriod not extending beyond the said period of six months (2) the president or, as the case may be, the governor of arunachal 25 pradesh shall make separate orders under sub-section (j) in respect of periods falling in different financial years reports 31 (1) the reports of the comptroller and auditor-general of india relating referred to in section 49 cf the government of union territories act, 1963, 20 of 1963 to the relating to the accounts of the existing union territory of arunachal pra- go accounts desh in respect of any period prior to the appointed day, shall be sub- he e mitted to the governor of arunachal pradesh who shall cause them to be union jaid before the legislative assembly of the state territory (2) the governor may, by crder,-— ee pane (a) declare any expenditure incurred out of the consolidated 35 a fund of the existing union territory of arunachal pradesh on any service 1n respect of any period prior to the appointed day during the financial year 1986-87 or in respect of any earlier financial year in excess of the amount granted for that service and for that year as disclosed in the reports referred to in sub-section (1) to have been 40 duly authorised, and (b) provide for any action to be taken on any matter arising out of the said reports 32 the allowances end privileges of the governor of arunachal pra- 5 allow  ' d privileges' e anceg desh shall, until the governors (emoluments, allowances and privileges' 43 of 19) and pri- act, 1982, comes into force, be such as the president may, by order, ' vileges determine of governor of arunachal pradesh 33 the fresident shall, by order, determine the grants-in-aid of the revenues of the state of arunachal pradesh and the share of that state distri bution of reve nues, in the union duties of excise, estate duty and taxes on income and for that purpose amend thereby the relevant provisions of the additional 0f 1957, 5 duties of excise (goods of special importance) act, 1957, the union 4 of 1979, duties of excise (distribution) act, 1979, the estate duty (distribution) of 1962, act, 1962 and the constitution (distribution of revenues) order, 1985 in such manner as he thinks fit  part vi 10 ji assets and liabilities34, (1) all such property and assets within the existing union territory of a1unachal pradesh as are held immediately before the appointed day by the union for purpeses of governance of that union territory shall, on and from that day, pass to the state of arunachal pradesh unless 15 the purposes for which such property and assets are so held are union purposes: property, assets, rights, liabiljties obli_ gations, ete,| provided that the cash balances in the treasuries in the existing union territory of arunachal pradesh before the appointed day shall, as from that day, vest in the state of arunachal pradesh 20 (2) all rights, liabilities and obligations (other than those relatable to, or in connection with, a union purpose), whether arising out of any contract or otherwise, which are, immediately before the appointed day,— (a) the rights, liabilities and obligations of the central government arising out of, or in connection with, the governance of the 25 existing union territory of arunachal pradesh; or (b) the rights, liabilities and obligations of the administrator of the existing union territory of arunachal pradesh in his capacity as such, or of the government of that union territory, shall, on and from the appointed day, be the rights, liabilities and obligago tions of the government of the state of arunachal pradesh, (3) the right to recover arrears of - 1 (a) any tax or duty being a tax or duty enumerated in the state list in the seventh schedule to the constitution; or (b) any duty referred to in article 268; or (c) any tax under the central sales tax act, 1956, which have fallen due in the existing union territory of arunachal pradesh shall pass to the state of arunachal pradesh (4) the provisions of this section shall not apply to or in relation to,— (a) any institution, undertaking or project the expenditure' in 40 relation to which is immediately before the appointed day, met from and out of the consolidated fund of india; | (b) any property which has been placed by the union at the disposal of the administration of the existing union territory of arunachal pradesh subject to the condition that the ownership there- 45 of will continue to vest in the union 1 explanation—for the purposes of this section,— (a) "liability" includes liability in respect of any civil deposit, local fund deposit, charitable or other endowment, provident fund | 'account, pension or actionable wrong; (b) "union purposes" means the purposes of government rela- 5 table to any of the matters mentioned in the union list  part vil provisions as to servicesprovislun relating to all india services 35 every member of the indian administrative service, the indian police service and the indian forest service who, immediately before the appointed day, is holding any post in the existing union territory of arunachal pradesh shall, until otherwise directed by the central government, be deemed to be on deputation, on and from the appointed day, to the government of the state of arunachal pradesh on the same terms and conditions of service as ak applicable to him under the relevant cadre 15, rules: aii | provided that the mata of such deputation shall in no case extend beyond a period of three years from the appointed day explanation —in this section, "cadre rules" means the indian administrative service (cadre) rules, 1954, the indian police service (cadre) rules, 1954 or the indian forest service (cadre) rules, 1966, as the case may be provisions relating to other services, 36 (1) every person who immediately before the appointed day is serving in connection with the affairs of the union under the administrative control of the administrator of the union territory of arunachal pradesh shall, unless otherwise directed by an order of the central government, be deemed to have been allorated for service as from that day in connection with the affairs of the state of arunachal pradesh: provided that no directions shall be issued under this section after the expiry of a period of one year from the appointed day 30 (2) the provisions of this section shall not apply in relation to persons to whom the provisions of section 35 apply 37 (1) nothing in this section or section 36 shall be deemed to affect on or after the appointed day, the operation of the provisions of chapter other provisiong as to services i of part xiv of the constitution in relation to determination of the con- g5 ditions of service of persons serving in connection with the affairs of the state of arunachal pradesh: provided that the conditions of service applicable immediately before the appointed day in the case of any person referred to in section 36 shall not be varied to his disadvantage except with the previous approval 40 of the central government (2) 'all services prior to the appointed day rendered by a person deemed to have been allocated under section 33 in connection with the administration of the existing union territory of arunachal pradesh, shall be deemed to have heen rendered in connection with the affairs of 45 the state of arunachal pradesh for the purposes of the rules regulating his conditions of serviceprovisions as to con tinuance of officers in same posts, 38 every person who, immediately before the appointed day, is holding or discharging the duties of any post or office in connection with the affairs of the existing union territory of arunachal pradesh shall continue to hold the same post or office and shall be deemed, on and from that day, to have been duly appointed to the post or office by the government of, or other appropriate authority in, the state of arunachal pradesh on the same terms and conditions of appointment and on the same tenure as he was holding the post or office immediately before that day: , 10 provided that nothing in this section shall be deemed to prevent a competent authority on or after the appointed day from passing in relation to such person any order affecting his continuance in such post or office te 1 39 the central government may, by order, establish one or more advisory committees for the purpose of assisting it in regard to— gl advisory committees, (a) the discharge of its functions under this part; and (0) the ensuring of fair and equitable treatment to all persons affected by the provisions of this part and the proper consideration of any representations made by such persons 40 notwithstanding anything to the contrary contained in any law 20 or rule for the time being in force, no representation shal] lie against any order passed under the provisions of this part on the expiry of three months from the date of publication or service, whichever is earlier, of such order: prohibition of representation after certain period 25 provided that the central government may, suo motu or otherwise and for reasons to be recorded, re-open any matter and pass such orders thereon as may appear to it to be appropriate if it is satisfied that it is necessary so to do in order to prevent any miscarriage of justice to any affected person co) power of central gov ernment 41, the central government may give such directions to the government of the state of arunachal pradesh as may appear to it to be necessary for the purpose of giving effect to the foregoing provisions of this part and the state government shall comply with such directions  part viiito give directions,  legal and miscellaneous provisions35 42, on and from the appointed day,— amendment of article 210, arti- (a) in article 210, in clause (2), in the second proviso, for the words " legislature of the state of mizoram", the words "legislatures of the states of arunachal pradesh and mizoram" shall be substituted; 40 cle 239a and article 240 to the constitution(b) in article 239a, in clause (1), for the words, ", pondicherry and arunachal pradesh", the words "and pondicherry" shall be substituted; (c) in article 240, in clause (1),— (i) entry (g) shall be omitted; (i) in the provisos, for the words "pondicherry or arunachal pradesh", the words "or pondicherry" shall be substituted 43 on and from the appointed day, in the armed forces (special powers) act, 1958, in the long title and in sub-section (2) of section 1, for amendment of act 28, of 1958, the werds "assam, manipur, meghalaya, mizoram, nagaland and tripura and the union territory of arunachal pradesh", the words "arunachal pradesh, assam, manipur, meghalaya, nagaland and tripura" shall be substituted 44 on and from the appointed day, in the government of union territories act, 1963,— 10 amendment of act 20 of 1963 (® in clause (h) of sub-section (1) of section 2, for the words ", pondicherry and arunachal pradesh" the words "and pondicherry" shall be substituted; (@) in section 33, in sub-section (2), the proviso shall be omitted; (tit) in section 44, sub-section (2) shall be omitted 45 on and from the appointed day, in the north-eastern council act, 1971,— amendment of act 84 of 1971 (a) in section 2, for clauses (b) and (c), the following clause shall be substituted, namely: - | (b) "north-eastern area" means the area comprising the states of arunachal pradesh, assam, manipur, meghalaya, mizoram, nagaland and tripura'; (b) in section 3, in sub-section (1), for clause (b), the following clause shall be substituted, namely:— "(b) the chief minister of the states of arunachal pradesh, assam, manipur, meghalaya, mizoram, nagaland and tripura" 46 (1) all laws in force, immediately before the appointed day, in the existing union territory of arunachal pradesh shall continue to be in force in the state of arunachal pradesh until altered, repealed or amended by a competent legislature or other competent authority 30 continuance of existing jaws and their adaptations, (2) for the purpose of facilitating the application in relation to the state of arunachal pradesh of any law made before the appointed day, the appropriate government may, within two years from that day, by 35 order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent legislature or other competent authority explanation—in this section, the expression ("appropriate government" means, as respects any law relating to a matter enumerated in the 40 union list in the seventh schedule to the constitution, the central government, and as respects any other law, the government of the state of mizoram| power    ||----------|| construe || laws    |47 notwithstanding 'that no provision or insufficient provision has been made under section 46 for the adaptation of a law made before the appointed day, any court, tribunal or authority required or empowered to enforce such law may, for the purpose of facilitating its application 5 in relation to the state of arunachal pradesh, construe the law in such manner not affecting the substance as may be necessary or proper in regard to the matier before the court, tribunal or authority, as the case may be ' s provisiona 48 all courts and tribunals and all authorities discharging lawful ro functions throughout the existing union territory of arunachal pradesh | as       | to    ||----------|-------|| continu- |       || ance     | of    || courts,  |       || ete     |       |or any part thereof immediately before the appointed day shall, unless their continuance is inconsistent with the provisions of this act or until other provision is made by a competent legislature or other competent authority, continue to exercise their respective functions, 49 the provisions of this act shall have effect notwithstanding any- 5 thing inconsistent therewith contained in any other law | effect    | of    ||-----------|-------|| provi-    |       || sions     |       || of        | act   || inconsis- |       || tent      | with  || other     |       || laws     |       |50 (1) if any difficulty arises in giving effect to the provisions of this act, the president may, by order, do anything not inconsistent with such provisions which appears to him to be necessary or expedient for a the purpose of removing the difficulty: | power to remove difficulties provided that no such order shall be made after the expiry of three years from the appointed day (2) every order made under this section shall be laid before each house of parliament 51 (1) the central government may, by notification in the official gazette, make rules to give effect to the provisions of this act | power    ||----------|| 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 session, for a total period of thirty days which may be comprised in one session go of in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, 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 prejudice to the validity of anything previously dene under that tule  the first schedule[see section 16(1)]  amendments to the constitution (scheduled castes) orper, 1950in the constitution (scheduled castes) order, 1950— (1) im paragraph 2, for the figures "xx", the figures "xi" shall be substituted; (2) in the schedule, after part xx, the following part shail be inserted, namely:— :  "part xxiarunachal pradesh 10 1 bansbhor 2 bhuimali or mali 3 brittial bania or bania 4, dhupi or dhobi f 5 dugla or dholi 6 hira r ' 7 jalkeot \ 8 jhalo, malo or jhalo-malo \ 9 kaibartta or jaliya 10 lalbegi 20 1, mahara 12 mehtar or bhangi 13 muchi or rishi 14 namasudra 15 patni 25 16 sutradhar", l  the second schedule[see section 16(2)]  amendments to the consmrution (scheduled castes) (unron 'territories) order, 1951in the constitution (scheduled castes) (union territories) order, 1051 - (1) in paragraph 2, for the words and figures "parts i to iii" the words and figures "parts i and il" shall be substituted; (2) in paragraph 4, for the figures "1956,", the figures and word , "1956 and" shall be substituted and the portion beginning with the words, figures and brackets "and any reference to a union territory" and ending with "the north-eastern areas (reorganisation) act, 1974" shall be omitted;(8) in the schedule, part iii—arunachal pradesh shall be omitted,  the third schedule[see section 17(1)] amendments to the constrrution (scumputen trrbes) onpir, 1950 in the constitution (scheduled tribes) order, 1950,— (1) in paragraph 2, or the figures "xvii", the figures "sviti" shall be substituted; (2) in the schedule, after part xvii, the following part shall be inserted, namely: - g 10  "part xviii—arunachal pradeshall tribes in the state including:—  abor  aka  apatani 5 dafla galong khampti khowa mishmi 20 ow i tm  momba 10 any naga tribes 11 sherdukpen 12 singpho"  the fourth schedule25 [see section 17(2)] amendments to the consttitution (scheduled tribes) (unien territories) orver, 1951 in the constitution (scheduled tribes) (union territories) order, go 1951,— (1) in paragraph 2, for the words and figures "parts i and it" the word and figure "part i" shall be substituted; (2) in paragraph 3, the portion beginning with the words, brackets and figures "and any reference", and ending with the "north- eastern areas (reorganisation) act, 1971" shall be omitted; 35 '(8) in the schedule, part 1i—arunachal pradesh shall be omitted ' looky seety statement of objects and reasonswith a view to a satisfying the desires and aspirations of the people of arunachal pradesh, the government of india have decided to undertake legislative measures to confer statehood on the union territory of arunachal pradesh this bill is intended to give effect to this decision and will come into force on a date to be notified by the central government it seeks to establish a new state of arunachal pradesh comprising the territories of the existing union territory of arunachal pradesh and makes the necessary supplemental, incidental and consequential provisions, 2 the notes on clauses explain in detail the provsion of the bill, new detar; buta singh the 1st december, 1986 i t  president's recommendation under articles 117 and 274 of the constituion of india[copy of letter no f 12013/5/86-sr, dated the 1st december, 1986 from shri buta singh, minister of home affairs to the secretary-general, lok sabha] the president: having been informed of the subject matter of the bill to provide for the establishment of the state of arunachal pradesh and for matters connected therewith, recommends the introduction of the bil] in lok sabha under articles 117(1) and 274(1) of the constitution and the consideration of the bill in lok sabha under article 117(3) of the constitution,  notes on clausesclauses 3 and 4—clause 3 provides for the establishment of the new state of arunachal prdesh while clause 4 makes necessary consequential amendments in the first schedule to the constitution clauses 5 and 6—these clauses deal with the representation of arunachal pradesh in the council of states at present there is one seat in the said council for the union territory of arunachal pradesh it is proposed to continue this representation for the new state also the sitting member from arunachal pradesh in the council of states will be deemed to be duly elected and will represent the new state for the unexpired term clause 7—the amendment is of a consequential nature clauses 8 and 9—these clauses deal with representation of arunachal pradesh in the house of the people at present there are two seats in the house of the people for the union territory of arunachal pradesh it is proposed to continue this representation for the new state also the sitting members from arunachal pradesh in the house of the people will be deemed to have been duly elected and will represent the new state clause 10—this clause provides that the number of seats in the legislative assembly of the state of arunachal pradesh to be filled by persons by direct election shall be 40 clause 11—this clause provides for a provisional legislative assembly for the new state consisting of the existing members of the union territory assembly until the legislative assembly of the new state is duly constituted this clause also provides for the period of 5 years in the case of the provisional legislative assembly being deemed to have commenced on the date on which the duration of the existing union territory assembly commenced clause 12—this clause provides for the continuance of the existing speaker and deputy speaker of the legislative assembly of the union territory of arunachal pradesh clause 13—this clause provides for the continuance of the existing rules of procedure of the legislative assembly of the existing union territory of arunachal pradesh clause 14 and 15—these clauses provide for delimitation of the assembly constituencies by the election commission according to the procedure generally followed by the delimitation commission, clauses 16 and 17 and the schedule seek to make the necessary consequential amendments in the constitution (scheduled castes) order, 1950, the constitution (scheduled castes) (union territories) order, 1951, the constitution (scheduled tribes) order, 1950 and the constitution (scheduled tribes) (union territories) order, 1951 clauses 18 to 29—at present the jurisdiction of the common high court for the states of assam, nagaland, meghalaya, manipur, tripura and mizoram, called the gauhati high court extends to the union territory of arunachal] pradesh clause 18 provides for common high court for the states of assam, nagaland, meghalaya, manipur, tripura, mizoram and arunachal pradesh to be called the gauhati high court the detailed provisions contained in other clauses follow broadly the relevant provisions of the previous reorganisation acts and deal inter alia with the powers, functions and the procedure to be followed by the new common high court clauses 30 to 33—these clauses deal with authorisation of expenditure and distribution of revenues as it will take some time for the new state to prepare its budget and have it approved by the state legislature, provision has been made in clause 30 that before the new state comes into existence, the president may, by order, authorise expenditure from the consolidated fund of the state for a period of six months thereafter the power will be exercised by the governor provision has been made in clause 32 to enable the president to determine the allowances and privileges of the governor of the new state clause 33 empowers the president to determine by order the grants-in-aid to the new state and its share of central taxes clause 34—this clause relates to transfer of property, assets, rights, liabilities and obligations to the new state this clause provides that all properties and other assets in the union territory of arunachal pradesh which are at present held for purposes of governance of the union territory and which are not properties or assets held for union purposes shall vest in the new state alongwith the cash balances in the treasuries in the union territory under this clause, all rights, liabilities and other obligations arising out of, or in connection with the governance of the union territory excluding those relatable to the union purposes become the rights, liabilities and obligations of the new state however, institutions, undertakings or projects financed at present out of the consolidated fund of india and properties of the central government placed at the disposal of the government of arunachal pradesh will not be transferred to the new state [vide clause 34(4)], it is not proposed to transfer any deb' liability to the new state on account of the capital outlay made by the central government on the properties which become vested in the new state under the provisions of this clause clauses 35 to 41—clause 35 provides for the officers of the indian administrative service, indian police service and the indian forest service serving in the union territory at present, being deemed to be on deputation on and from the appointed day to the government of the state of arunachal pradesh on the same terms and conditions of service as are applicable under the relevant cadre rules, the period of such deputation not extending beyond a period of three years from the appointed day in any case clauses 36 to 38 are on the same lines as corresponding provisions of the previous reorganisation acts clause 39 provides for the establishment of one or more advisory committees by the central government for the purpose of assisting it in regard to the discharge of its functions relating to provisions as to services and for ensuring a fair and equitable treatment to all persons so affected clause 40 prohibits representation against orders passed under the provisions of part vii after a certain period clause 41 empowers the central government to give directions to the new state for the purpose of giving effect to the various provisions relating to servicesclause 42 to 45—these clauses make consequential amendments in article 210 (relating to language to be used in the legislature), article 239a (creation of local legislature or council of ministers or both or certain union territories), article 240 (power of president to make regulations for certain union territories) the consequential amendments a!so include amendments in the armed forces (special powers) act 1958, the government of union territories act, 1963 and the north- eastern council act, 1971 clauses 46 to 51—these clauses make the usual provisions regarding the continuance of existing laws and adaptations of those laws and their interpretation by courts, etc these provisions follow the corresponding provisions of the previous reorganisation acts financial memorandumclause 14 of the bill seeks to empower the election commission of india to delimit the assembly constituencies of the new state of arunachal pradesh, for this purpose, non-recurring expenditure of about rs, 50,000 will have to be incurred this expenditure will be met from the consolidated fund of india 2, according to the budget estimates of arunachal pradesh for the current year, the domestic revenue receipt of the union territory are rs 1795 crores, while the non-plan expenditure on revenue account is rs, 6561 crores the gap is met by the grants-in-aid given by the central government as a state, arunachal pradesh will be entitled to a share in the income tax and additional excise duties of the central government to the extent of about rs 435 crores the new state's share in the basic excise duty of the central government will be determined by the finance commission consequently, the state's revenue would be augmented and the non-plan revenue deficit reduced correspondingly in the past, finance commission has taken note of such deficits and recommended suitable grants-in-aid under article 275(1) of the constitution it is, herefor, proposed o provide for such quantum of grants-in-aid to the new state as may be considered necessary until the recommendations of the next finance commission become available, by suitably amending the provisions of the constitution (distribution of revenue) order, 1985, in exercise of the powers sought to be taken in clause 33 of the bill 3 clause 39 of the bill seeks to empower the central government to establish one or more advisory committees for the purpose of assisting it in regard to the dicharge of its functioning in relation to allocation of members of the services and the ensuring of fair and equitable treatment to all persons affected some xpenditure not exceeding rs 5,000 may have to be incurred out 0 the consolidated fund of india on account of travelling allowances of members of the committe  memorandum regarding delegated legislationclause 32 of the bill enables the president to determine by order the allowances and privileges of the governor of the new state, 2 clause 33 of the bill empowers the president to determine by order the grant-in-aid to the new state and its share of central taxes and amend for that purpose the relevant provisions of the additional duties of excise (goods of special importance) act, 1957, the union duties of excise (distribution) act, 1979, the estate duty (distribution) act, 1962, and the constitution (distribution of revenues) order, 1985, 3 clause 46 provides for the adaptation of existing laws to facilitate their application to the new state: the power to adapt is being conferred on the central government in the case of laws relating to matters enumerated in the union list in the seventh schedule to the constitution and on the government of the new state in the case of all other jaws, 4 clause 51 of the bill empowers the central government to make rules to give effect to the provisions of the bill when enacted, the tules, if any will be confined to matters of procedure and other matters of minor detail relating to the enforcement of the various provisions included in the bill, 5 the various provisions aforementioned are modelled on identical or analogous provisions in the state reorganisation acts passed by parliament earlier besides, they are mainly of a consequential nature or pertain to matters of detail and procedure as such the proposed delegation of legislative powers is of a normal character, annexure extracts from the constitution of india     210 (2)      language to be used in the legis lature, (2) unless the legislature of the state by law otherwise provides, this article shall, after the expiration of a period of fifteen years from the commencement of this constitution, have effect as if the words "or in english" were omitted therefrom:      provided further that in relation to the legislature of the state of mizoram, this clause shall have effect as if for the words "fifteen years" occurring therein, the words "forty years" were susbtituted,      creation 239a (1) parliament may by law create for any of the union territories of goa, daman and diu, pondicherry and araunchal pradesh—      of local legis latures or council of ministers or both for certain union territories, power of president 240 (1) the president may make regulations for the peace, progress and good government of the union territory of— to make regulations      (g) arunachal pradesh: »     for certain union territories, provided that when any body is created under article 239a to function as a legislature for the union territory of goa, daman and diu, pondicherry or arunachal pradesh, the president shall not make any regulation for the peace, progress and good government of that union territory with effect from the date appointed for the first meeting of the legislature: provided further that whenever the body functioning as a legislature for the union territory of goa, daman and diu, pondicherry or arunachal pradesh is dissolved, or the functioning of that body as such legislature remains suspended on account of any action taken under any such law as is referred to in clause (1) of article 239a, the president may, during the period of such dissolution or suspension, make regulations for the peace, progress and good government of that union territory       first shchedule(articles 1 and 4)       u the union territoriesextent 8 arunachal pradesh the territories specified in section 7 of the north-eastern areas (reorganisation) act, 1971,  fourth schedule[articles 4(1) and 80 (1)]     table    26 arunachal pradesh      extract from the constrrution (scheputep casts) orper, 1950 (co 19)      2 subject to the provisions of this order, the castes, or parts of, or groups within, castes or tribes, specified in taces or tribes parts i to xx ates to which luled castes so localities specified in of the schedule to this order shall, in relation to the st; those parts respectively relate, be deemed to be sched far as regards member thereof resident in the telation to them in those parts of that schedule      extracts from the constrrution (screputep castes) (union territories) orper, 1951 (c0 32)     4 any reference in this order to a union territory in part i of the schedule shall be construed as a reference to the territory constituted as a union territory as from the ist day of november, 1956, any reference to a union territory in part ii of the schedule shall be construed as a reference to the territory constituted as a union territory as from the ist day of november, 1966 and any reference to a union territory in parts iii and iv of the schedule shall be construed as a reference to the territory constituted as a union territory as from the day appointed under clause (b) of section 2 of the north-eastern areas (reorganisation) act, 1971 j  the schedule® ® €    parr iil—arunachal pradeshthroughout the union territory: - 1 bansphor 2 bhinmali or mali 3 brittial-bania or bania 4 dhupi or dhobi 5 dugla or dholi 6 hira 7 jalkeot 8 jhalo, malo or jhalo-malo 9 kaibartta or jaliya 10 lalbegi d 11 mahara 12 mehtar or bhangi 13 muchi or rishi 14 namasudra 15, patni 16 sutradhar       extract from the constrtution (scheduled tribes) orper, 1950 (c0 22)     2 the tribes or tribal communities or parts of, or groups within, tribes or tribal communities, specified in parts i to xvii of the schedule to this order shall, in relation to the states to which those parts respectively relate be deemed to be scheduled 'tribes so far as regards members thereof resident in the localities specified in relation to them respectively in those parts of that schedule       extracts from the constitution (scheduled tribes) (union territories) order, 1951 (c0 33)     2 the tribes or tribal communities, or parts of, or groups within, tribes or tribal communities, specified in parts i and ii of the schedule to this order shall, in relation to the union territories to which those parts respectively relate, be deemed to be scheduled tribes so far as regards members thereof resident in the localities specified in relation to them respectively in those parts of that schedule 3 any reference in this order to a union territory in part i of the schedule shall be construed as a reference to that territory constituted as a union territory as from the ist day of november, 1956 and any reference to a union territory in parts ii and iti of the schedule shall be construed as a reference to the territory constituted as a union territory as from the day appointed under clause (b) of section 2 of the north- eastern areas (reorganisation) act, 1971  the schedule      part il—arunachal pradeshthroughout the union territory: - all tribes of the union territory including:  abor hoe aka  apatani - dafia ey  galong  khampti  khowa  mishmi contr oauw pw  momba 10 any naga tribes 11 sherdukpen 12 singpho  f   f   extracts from the representation of the people act, 1950(43 or 1950)      27a, (1)      (4) the electoral college for each of the union territories of arunachal pradesh and pondicherry shall consist of the elected members constitution of electoral, colleges for the filling of cf the legislative assembly constituted for that territory under the government of union territories act, 1963 (20 of 1963) seats it the council      of states allotted to union territories  extracts from the armed forces (special powers) act, 1958 (28 or 1958)an act to enable certain special powers to be conferred upon members of the armed forces is disturbed areas in the states of assam, manipur, meghalaya, mizoram, nagaland and tripura and the union territories of arunachal pradesh and mizoram,      lw      (2) it extends to the whole of the states of assam, manipur, short title ang extent meghalaya, mizoram, nagaland and tripura and the union territories of arunachal pradesh and mizorm       extract from the apvocates act, 1961 (25 of 1961)  ;    3 (1) there shall be a bar council—   i   state bar councils (b) for the states of assam, manipur, meghalaya, nagaland and tripura and the union territories of mizoram and arunachal pradesh, to be known as the bar council of assam, nagaland, maghalaya, manipur and tripura;       extracts from the government or unron territories act, 1963 (20 of 1963)     2 (1) in this act, unless the context otherwise requires,—   '   defini_ tions and 'interpretation, (h) "union territory" means any of the union territories of goa, daman and diu, pondicherry and arunachal pradesh a]     33 (1)  =   ts rules of procedure (2) until rules are made under sub-section (1), the rules of procedure and standing orders with respect to the legislative assembly of the state of uttar pradesh in force immediately before the commencement of this act in any union territory shall have effect in relation to the legislative assembly of that union territory subject to such modifications and adaptations as may be made therein by the administrator; provided that the provisions of this sub-section shall apply in relation to the legislative assemblies of the union territories of arunachal pradesh and mizoram as if for the words "the state of uttar pradesh" the words "the state of assam" had been substituted, ok     44 (1)      council of minis ters  exrracts from the nortu-eastern counci act, 1971 (84 or 1971)     2 in this act, unless the context otherwise requires,— definitions,      (b) "north-eastern area" means the area comprising the states ef assam, manipur, meghalaya, nagaland and tripura and the union territories of arunachal pradesh and mizoram; and (c) "state" includes the union territories of arunachal pradesh and mizoram setting 3 (1) there shall be a council to be called the north-eastern council which shall consist of the following members, namely: -      (b) the chief ministers of the states of assam, manipu:, meghalaya, nagaland and tripura and of the union territories of arunachal pradesh and mizoram; and up and composition of the north eastern council     