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STATE OF ARUNACHAL PRADESH ACT

Ministry of Law and Justice

Act nº 69 of 1986


  • Part 1
  • Part 2
  • Part 3
  • Part 5
  • Part 5
  • Part 6
  • Part 7
  • Part 8
  • Schedules
  • Act nº 69 of 1986

Preamble

THE STATE OF ARUNACHAL PRADESH ACT, 1986

[Act, No. 69 of 1986]

[24th December, 1986]

PREAMBLE

An Act to 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 follows :

Part 1

Section 1. Short title

This Act may be called the State of Arunachal Pradesh Act, 1986.

Section 2. Definitions

In this Act, unless the context otherwise requires,--

(a) "Administrator" means the Administrator appointed by the President under article 239;

(b) "appointed day" means the day which the Central Government may, by notification1in the Official Gazette, appoint;

(c) "article" means an article of the Constitution;

(d) "Election Commission" means the Election Commission appointed by the President under article 324;

(e) "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-law, 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 territory of Arunachal Pradesh;

(g) "sitting member," in relation to either House of Parliament 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.

1. Appointed date is 20-2-1987,


Part 2

Section 3. Establishment of the State of Arunachal Pradesh

On and from the appointed day, there shall be established a new State, to be known as the State of Arunachal Pradesh comprising the territories which immediately before that day were comprised in the existing Union territory of Arunachal Pradesh.

Section 4. Amendment of First Schedule to the Constitution

On and from the appointed day, in the First Schedule to the Constitution,

(a) under the heading, "I. THE STATES," after entry 23, the following entry shall be inserted, namely :

"24. Arunachal Pradesh. The territories specified in section 7 of the North-Eastern Areas (Reorganisation) Act, 1971.";

(b) under the heading "II. THE UNION TERRITORIES," entry 8 relating to Arunachal Pradesh shall be omitted.

Part 3

Section 5. Amendment of Fourth Schedule to the Constitution

On and from the appointed day, in the Fourth Schedule to the Constitution, in the table,

(a) entries 24 and 25 shall be renumbered sis entries 25 and 26 respectively, and before entry 25 as so renumbered, the following entry shall be inserted, namely :"24. Arunachal Pradesh.....1;"

(b) entry 26 shall be omitted.

Section 6. Allocation of sitting member

(1) On and from the appointed day, the sitting member of the Council of States representing the existing Union territory of Arunachal 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.

(2) The term of office of such sitting member shall remain unaltered.

Section 7. Amendment of section 27-A of Act 43 of 1950

On and from the appointed day, in section 27-A of the Representation 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 of Pondicherry" shall be substituted.

Section 8. Allocation of seats in the existing House of the People

(1) On and from the appointed day the allocation of seats to the State of Arunachal Pradesh in the House of the People shall be two; and the First Schedule to the Representation of the People Act, 1950, shall be deemed to be amended accordingly.

(2) On and from the appointed day the two parliamentary constituencies of the existing Union territory of Arunachal Pradesh shall be deemed to be the parliamentary constituencies of the State of Arunachat Pradesh and the Delimitation of Parliamentary and Assembly Constituencies Order, 1976, shall be construed accordingly.

Section 9. Provision as to sitting members

The sitting members of the House of the People representing the constituencies which, on the appointed day, by virtue of the provisions of section 8 become the constituencies of the State of Arunachal Pradesh shall be deemed to have been elected under sub-clause (a) of clause (1) of article 81 to the House of the People by those constituencies.

Section 10. Provision as to Legislative Assembly

1[10. Provision as to Legislative Assembly

The total number of seats in the Legislative Assembly of the State of Arunachal Pradesh to be filled by persons chosen by direct election from assembly constituencies shall be sixty, out of which fifty-nine seats shall be reserved for the Scheduled Tribes; and the provisions of the Representation of the People Act, 1950, shall be deemed to be amended accordingly.]

1. Substituted by State of Arunachal Pradesh (Amdt) Act (52 of 1988), Section 2 (27-9-1988).


Section 11. Provisional Legislative Assembly

(1) Notwithstanding anything contained in this Act (including provisions relating to the strength of the Legislative Assembly of the State of Arunachal Pradesh), on and from the appointed day and until the Legislative Assembly of that State has been duly constituted and summoned to meet for the first session, there shall be a provisional Legislative Assembly1[which shall consist of-

(a) members elected by the territorial constituencies of; and

(b) members nominated to the Legislative Assembly of the existing Union territory of Arunachal Pradesh.]

(2) The period of five years referred to in clause (1) of article 172 shall in the case of the provisional Legislative Assembly referred to in sub-section (i), be deemed to have commenced on the day on which the duration of the existing Legislative Assembly of the Union territory of Arunachal Pradesh commenced under section 5 of the Government of Union Territories Act, 1963.

2[(3) For so long as the provisional Legislative Assembly constituted under this section is in existence,-

(a) it shall be deemed to be the Legislative Assembly of the State of Arunachal Pradesh duly constituted under the Constitution and shall be competent to discharge all the functions of a Legislative Assembly of a State under the Constitution; and

(b) the members thereof, referred to in clause (a) of sub-section (1), shall be deemed to be the members of the Legislative Assembly of the State of Arunachal Pradesh duly elected under the Constitution.]

1. Substituted for the words "which shall consist of members elected by the territorial constituencies of the Legislative Assembly of the existing Union territory of Arunachal Pradesh" by State of Arunachal Pradesh (Amdt) Act (19 of 1987), S. 2 (w.r.e.f. 20-2-1987).

2. Substituted by State of Arunachal Pradesh (Amdt) Act (19 of 1987), S. 2(b) (w.r.e.f20-2-1987).