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ASSAM REORGANISATION (MEGHALAYA) ACT, 1969
55 of 1969
29th December, 1969.
STATEMENT OF OBJECTS AND REASONS Article 244A was added to the Constitution by the Constitution (Twenty-Second) Act, 1969 to enable Parliament to erract a law to give effect to the scheme for reorganisation of Assam by forming 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-Jaintia 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 to 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 Meghayala. 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 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 Bill. 3. As indicated in the reorganisation scheme, the Fourth Schedule to the Bill contains provisions for the amendment of the Sixth 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.-S.O.R. Gaz. of Ind., 15-2-1969, Pt. II. S. 2, Ext. p. 1096.
An Act to provide for the formation within the State of Assam of an autonomous State to be known as Meghalaya and for matters connected therewith. BE it enacted by Parliament in the Twentieth Year of the Republic of India as follows :-
PART 01: PRELIMINARY
SECTION 01: SHORT TITLE AND COMMENCEMENT
(1) This Act may be called The Assam Reorganisation (Meghalaya) Act, 1969.
(2) It shall come into force on such date1as the Central Government may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act.
SECTION 02: DEFINITIONS
In this Act unless the context otherwise requires,-
(a) "appointed day" means such date as the Central Government may, by notification in the Official Gazette, appoint for the formation of the autonomous State;
(b) "article" means an article of the Constitution;
(c) "Autonomous State" means the autonomous State of Meghalaya formed underSection 31-
(d) "Constituency" means a territorial constituency provided by order made underSection 12-for the purpose of election to the Legislative Assembly;
(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 Meghalaya 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" means the Legislative Assembly of Meghalaya:
(i) "Meghalaya" means the autonomous State referred to inSection 3-;
(j) "Member" means a member of the Legislative Assembly;
(k) "Official Gazette" means the Official Gazette of Meghayala or the Gazette of India; and
(1) "Prescribed" means prescribed by rules made under this Act.
PART 02: FORMATION OF THE AUTONOMOUS STATE OF MEGHALAYA
SECTION 03: FORMATION OF MEGHALAYA
(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 Khasi Jaintia Hills District as described in sub-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. TAD/R/31- /50/149 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 of the North Cachar Hills or the Mikir Hills or both as the case may be, has or have by resolution passed by a majority of not less man two thirds 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 from the appointed day, the North Cachar Hills District or the Mikir Hills District or both, as the case may be, shall also form part of Meghalaya.
SECTION 04: EXECUTIVE POWER OF MEGHALAYA
(1) The executive power of Meghalaya shall be vested in the Governor and shall be exercised by him either directly or through officers subordinate to him in accordance with this Act.
(2) Nothing in this section shall-
(a) be deemed to transter 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 or Meghalaya from conferring by law functions on any authority subordinate to the Governor.
SECTION 05: EXTENT OF EXECUTIVE POWER OF MEGHALAYA
(1) Subject to the provisions of this Act, the executive power of Meghalaya shall extend to the matters with respect to which the Legislature of Meghalaya has power to make laws : Provided that in any matter with respect to which the Legislature of Meghalaya, the Legislature of the State of Assam and Parliament have power to make laws, the executive power of Meghalaya shall be subject 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 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.
(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.
SECTION 06: COUNCIL OF MINISTERS
(1) There shall be a Council of Ministers with the Chief Minister at the head to aid and advice the Governor in the exercise of his functions in relation to Meghalaya.
(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.
SECTION 07: OTHER PROVISIONS AS TO MINISTERS
(1) The Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office during the pleasure of the Governor.
(2) The Council of Ministers shall be collectively responsible to the Legislative Assembly.
(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 the Legislature of Meghalaya may from time to time by law determine and, until the Legislature so determines, shall be determined by the Governor.
SECTION 08: ADVOCATE GENERAL FOR MEGHALAYA
(1) The Governor may, if he thinks fit to do so, appoint a person who is qualified to be appointed a Judge of a High Court to be Advocate- General for Meghalaya.
(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 referred or assigned to him by the Governor, and to discharge the functions conferred on him by or under this Act or any other law for the time being in force.
(3) The Advocate-General shall hold office during the pleasure of the Governor, and shall receive such remuneration as the Governor may determine.
SECTION 09: CONDUCT OF BUSINESS
(1) All executive actions of the Government of Meghalaya shall be expressed to be taken in the name of the Governor.
(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 instrument 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 rules for the more convenient transaction of the business of the Government of Meghalaya and for the allocation among Ministers of the said business.
SECTION 10: DUTIES OF CHIEF MINISTER AS RESPECTS THE FURNISHING OF INFORMATION TO GOVERNOR, ETC 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 Meghalaya and proposals for legislation;
(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 Cooncil of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council
SECTION 11: CONSTITUTION OF THE LEGISLATURE OF MEGHALAYA
(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 by persons chosen by direct election from constituencies in Meghalaya shall be fixed by the Central Government by notification2in the Official Gazette after consultation with the Election Commission, but shall not be less than thirty-five or more than fifty-five.
(3) The Governor may, if he is 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 members of such communities, not being persons in the service of the Government, to the Legislative Assembly.
SECTION 12: DELIMITATION OF CONSTITUENCIES
(1) The Election Commission shall, in the manner herein provided, distribute the total number of seats in the Legislative Assembly as fixed under sub-section (2) ofsection 11-to single member constituencies and delimit them on the basis of the latest census figures having regard to the following provisions, namely ;-
(a) all constituencies shall as far as practicable, consist of geographically compact areas, and in delimiting them, regard shall be had to the physical features, boundaries of administrative units, facilities of communication and public convenience;
(b) every constituency shall be so delimited as to fall only within an Assembly constituency of the Legislative Assembly of the State of Assam;
(c) the population of each constituency shall, as far as practicable, be the same throughout Meghalaya,
(2) For the purpose of assisting the Election Commission in the performance of its functions under this section, the Commission shall associate with itself such number of associate members not exceeding five as the Governor may nominate to represent Meghalaya: Provided that none of the associate member 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 falls vacant, it shall be filled as soon as may be practicable by the Governor in accordance with the provisions of sub-section (2).
(4) The Election Commission shall-
(a) publish its proposals for the delimitation of constituencies, 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 considered by it;
(b) consider all objections and suggestions which may have been received by it before the date so specified, and for the purpose 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 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 such publication, every such order shall be laid before the Legislative Assembly.
(6) Upon the completion of each census, the total number of seats in the Legislative Assembly and the division of Meghalaya into territorial constituencies shall be readjusted by such authority and in such manner as Parliament may by law determine: Provided that such readjustment shall not affect representation in the Legislative Assembly until the dissolution of the then existing Assembly.
SECTION 13: POWER OF ELECTION COMMISSION TO MAINTAIN DELIMITATION ORDERS UP TO--DATE
(1) The Election Commission may, from time to time by notification in the Official Gazette,-
(a) correct any printing mistake in any order made undersection 12-or any error arising therein from inadvertent slip or omission;
(b) where the boundaries or name of any territorial division mentioned in any such order are or is altered make such amendments as appear to it to be necessary or expedient for bringing such order upto- date.
(2) Every notification under this section shall be laid, as soon as may be after it is issued before the Legislative Assembly,
SECTION 14: ELECTORS AND ELECTORAL ROLLS
(1) The persons entitled to vote at an election of members shall be the persons entitled by virtue of the provisions of the Constitution and theRepresentation 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 80 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.
SECTION 15: RIGHT TO VOTE
Every person, whose name is for the time being entered in the electoral roll for a constituency, shall be entitled to vote at the election of a member from that constituency.
SECTION 16: QUALIFICATION FOR MEMBERSHIP
A person shall not be qualified to be chosen to fill a seat in the Legislative Assembly unless he--
(a) is a citizen of India and makes and subscribes before some person authorised in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the First Schedule;
(b) is not less than twenty-five years of age; and
(c) is an elector in any constituency in Meghalaya.
SECTION 17: ELECTION TO THE LEGISLATIVE ASSEMBLY
The provisions of Part I, Chapters III and IV of Part II and Parts III to XI of theRepresentation of the People Act, 1951-, and of any rules and orders made thereunder for the time being in force, shall apply to and in relation to the elections to the Legislative Assembly of Meghalaya as they apply to and in relation to an election to the Legislative Assembly of a State, subject to such modifications as the President may, after consultation with the Election Commission, by order, direct.
SECTION 18: DURATION OF LEGISLATIVE ASSEMBLY
The Legislative Assembly, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer, and the expiration of the said period of five years shall operate as a dissolution of theLegislative Assembly: Provided that the said period may, while a Proclamation of Emergency issued under Clause (1) of Article 352 is in operation, be extended by Parliament by law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate.
SECTION 19: SESSIONS OF LEGISLATIVE ASSEMBLY, PROROGATION AND DISSOLUTION
(l)The Governor shall, from time to time summon the Legislative Assembly to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session.
(2) The Governor may, from time to time,-
(a) prorogue the Legislative Assembly;
(b) dissolve the Legislative Assembly.
SECTION 20: RIGHT OF GOVERNOR TO ADDRESS AND SEND MESSAGES TO LEGISLATIVE ASSEMBLY
(l)The Governor may address the Legislative Assembly and may for that purpose require the attendance of members.
(2) The Governor may send messages to the Legislative Assembly, whether with respect to a Bill then pending in the Legislative Assembly or otherwise and when a message is so sent, the Legislative Assembly shall with all convenient despatch consider any matter required by the message to be taken into consideration.
SECTION 21: SPECIAL ADDRESS BY THE GOVERNOR
(1) At the commencement of the first session after each general election to the Legislative Assembly and at the commencement of the first session of each year, the Governor shall address the Legislative Assembly and inform the Assembly of the causes of its summons.
(2) Provision shall be made by the rules regulating the procedure of the Legislative Assembly for the allotment of lime for discussion of the matters referred to in such address.
SECTION 22: RIGHTS OF MINISTERS AS RESPECTS LEGISLATIVE ASSEMBLY
-Every Minister and the Advocate General for Meghalaya shall have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Assembly, and to speak in, and otherwise to lake part in the proceedings of, any committee of the Legislative Assembly of which he may be named a member, but shall not, by virtue of this section, be entitled to vote.
SECTION 23: SPEAKER AND DEPUTY SPEAKER OF LEGISLATIVE ASSEMBLY
(l)The Legislative Assembly shall, as soon as may be, choose two members of the Assembly to be respectively Speaker and Deputy Speaker thereof, and, so often as the office of Speaker or Deputy Speaker becomes vacant, the Assembly shall choose another member to be Speaker or Deputy Speaker, as the case may be.
(2) A member holding office as Speaker or Deputy Speaker of the Legislative Assembly-
(a) shall vacate his office if he ceases to be a member of the Assembly:
(b) may at any time by writing under his hand addressed, if such member is the Speaker, to the Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office; and
(c) may be removed from his office by a resolution of the Legislative Assembly passed by a majority of all the then members of the Assembly: 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 dissolved 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 as the Governor may appoint for the purpose.
(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 Legislative Assembly or, if no such person is present, such other person as may be determined by the Legislative Assembly, shall act as Speaker.
(5) There shall be paid to the Speaker and the Deputy Speaker of 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.
SECTION 24: SPEAKER AND DEPUTY SPEAKER NOT TO PRESIDE WHILE A RESOLUTION FOR HIS REMOVAL FROM OFFICE IS UNDER CONSIDERATION
(1) At any sitting of the Legislative Assembly, while any resolution for the removal of the Speaker from his office is under consideration, the Speaker, or, while any resoslution 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 sub-section (4) ofsection 23-shall apply in relation to every such sitting as they apply in relation to a sitting from which the Speaker or, as the case may be, the Deputy Speaker is absent.
(2) The Speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Assembly while any resolsution for his removal from office is under consideration in the Legislative Assembly and shall, notwithstanding anything in section 27, be entitled to vote only in the first instance on such resoslution or on any other matter during such proceedings but not in the case of an equality of votes.
SECTION 25: SECRETARIAT OF LEGISLATIVE ASSEMBLY
(1) The Legislative Assembly shall have a separate secretarial staff,
(2) The Legislature of Meghalaya may by law regulate the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the Legislative Assembly.
(3) Until provision is made by the Legislature of Meghalaya under sub-section (2), the Governor may, after consultation with the Speaker of the Legislative Assembly, make rules regulating the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the Legislative Assembly, and any rules so made shall have effect subject t0 the provisions of any law made under the said sub-section.
SECTION 26: OATH OR AFFIRMATION BY MEMBERS
Every member of the Legislative Assembly shall, before taking his seat, make and subscribe before the Governor,
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