THE CONSTITUTION (FORTY-NINTH AMENDMENT)

THE CONSTITUTION (FORTY-NINTH AMENDMENT)

Statement of Objects and Reasons appended to the Constitution
(Fifty-first Amendment) Bill, 1984 which was enacted as
THE CONSTITUTION (Forty-ninth Amendment) Act, 1984

STATEMENT OF OBJECTS AND REASONS

The Tripura Legislative Assembly passed a resolution on the 19th
March, 1982 and again on the 11th February, 1983, urging the
Government of India to apply the provisions of the Sixth Schedule to
the Constitution to the tribal areas of the State of Triupura. The
State Government of Tripura, therefore, recommended amendment of the
Constitution for the purpose. Though under the Triupura Tribal Areas
Autonomous District Council Act, 1979, an autonomous District Council
has been functioning in the State, it was considered necessary to give
it Constitutional sanctity with a view to meet the aspirations of the
tribal population. The Council is expected to ensure rapid
development of tribal areas and self-governance by the tribals.

2. The Bill seeks to achieve the above objects.

NEW DELHI; P. V. NARASIMHA RAO.

The 14th August, 1984.

THE CONSTITUTION (FORTY-NINTH AMENDMENT)
ACT, 1984

[11th September, 1984.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Thirty-fifth Year of the Republic
of India as follows:-

1. Short title and commencement.-(1) This Act may be called the
Constitution (Forty-ninth Amendment) Act, 1984.

(2) It shall come into force on such date_669 as the Central
Government may, by notification in the Official Gazette, appoint.

2. Amendment of article 244.-In article 244 of the Constitution, in
clauses (1) and (2), for the words "and Meghalaya", the words
",Meghalaya and Tripura" shall be substituted.

3. Amendment of the Fifth Schedule.-In the Fifth Schedule to the
Constitution, in paragraph 1, for the words "and Meghalaya", the words
",Meghalaya and Tripura" shall be substituted.

4. Amendment of the Sixth Schedule.-In the Sixth Schedule to the
Constitution,-

(a) in the heading, for the words "and Meghalaya", the words ",
Meghalaya and Tripura" shall be substituted;

(b) in sub-paragraph (1) of paragraph I, for the words and figures
"Parts I and II", the words, figures and letter "Parts I,II and IIA"
shall be substituted;

(c) after paragraph 12A, the following paragraph shall be inserted,
namely:-

"12AA. Application of Acts of Parliament and of the Legislature of
the State of Tripura to the autonomous district and autonomous regions
in the State of Tripura.-Notwithstanding anything in this
Constitution,-

(a) if any provision of a law made by the District or a Regional
Council in the State of Tripura with respect to any matter specified
in sub-paragraph (1) of paragraph 3 of this Schedule or if any
provision of any regulation made by the District Council or a Regional
Council in that State under paragraph 8 or paragraph 10 of this
Schedule, is repugnant to any provision of a law made by the
Legislature of the State of Tripura with respect to the matter, then,
the law or regulation made by the District Council or, as the case may
be, the Regional Council whether made before or after the law made by
the Legislature of the State of Tripura, shall, to the extent of
repugnancy, be void and the law made by the Legislature of the State
of Tripura shall prevail;

(b) the President may, with respect to any Act of Parliament, by
notification, direct that it shall not apply to the autonomous
district or an autonomous region in the State of Tripura, 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 and
any such direction may be given so as to have retrospective effect.";

(d) in paragraph 17, after the words "or Meghalaya", at both the
places where they occur, the words "or Tripura" shall be inserted;

(e) in paragraph 20,-

(i) in sub-paragraph (1),-

(A) after the words and figures "in Parts I, II", the figures and
letter ", IIA" shall be inserted;

(B) after the words "the State of Meghalaya", the words ", the State
of Tripura" shall be inserted;

(ii) in sub-paragraph (2), for the words "Any reference in the table
below", the words and figures "Any reference in Part I, Part II or
Part III of the table below" shall be substituted;

(iii) after sub-paragraph (2), the following sub-paragraph shall be
inserted, namely:-

`(3) The reference in Part IIA in the table below to the "Tripura
Tribal Areas District" shall be construed as a reference to the
territory comprising the tribal areas specified in the First Schedule
to the Tripura Tribal Areas Autonomous District Council Act, 1979.';

(f) in the Table, after Part II and the entries relating thereto, the
following Part shall be inserted, namely:-

"PART IIA
Tripura Tribal Areas District.".