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ASSAMREORGANISATION (MEGHALAYA) ACT

Ministry of Law and Justice

Act nº 55 of 1969


  • Part I
  • Part II
  • Part III
  • Part IV
  • Part V
  • Part VI
  • Part VII
  • Part VIII
  • Schedules
  • Act nº 55 of 1969

Preamble

THE ASSAM REORGANISATION (MEGHALAYA) ACT, 1969

[Act, No. 55 Of 1969]

[29th December, 1969]

PREAMBLE

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 I

Section 1. 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.

1. Sections. 2 and 3 enforced from 12-1-1970-- rest of the provisions came into force on 2-4-1970.


Section 2. 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 under Section 3;

(d) "Constituency" means a territorial constituency provided by order made under Section 12 for the purpose of election to the Legislative Assembly;

(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, havug 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 in Section 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

(l) "Prescribed" means prescribed by rules made under this Act.

Part II

Section 3. 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 than 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 4. 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 transfer to the Governor any functions conferred by any existing law on any other authority; or

(b) prevent Parliament or the Legislature of the State of Assam or Meghalaya from conferring by law functions on any authority subordinate to the Governor.

Section 5. 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 6. 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 7. 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 8. 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 9. 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 Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council.

Part III

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 notification1in 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.

1. For such notification, see G.S.R. 182, published in Gaz. of Ind. 1970, Pt. II, Section 3(i), p. 37.