[Article 244(1)]
PROVISION AS TO THE ADMINISTRATION AND CONTROL OF SCHEDULED AREAS
AND SCHEDULED TRIBES
PART A
GENERAL
1. Interpretation.—In this Schedule, unless the context otherwise requires, the expression “State” does
not include the [States of Assam 3 [, 4 [ Meghalaya, Tripura and Mizoram.]]]
2. Executive power of a State in Scheduled Areas.—Subject to the provisions of this Schedule, the
executive power of a State extends to the Scheduled Areas therein.
3. Report by the Governor to the President regarding the administration of Scheduled Areas.—
The Governor of each State having Scheduled Areas therein shall annually, or whenever so required by the
President, make a report to the President regarding the administration of the Scheduled Areas in that State
and the executive power of the Union shall extend to the giving of directions to the State as to the
administration of the said areas.
PART B
ADMINISTRATION AND CONTROL OF SCHEDULED AREAS AND SCHEDULED TRIBES
4. Tribes Advisory Council.—(1) There shall be established in each State having Scheduled Areas therein
and, if the President so directs, also in any State having Scheduled Tribes but not Scheduled Areas therein,
a Tribes Advisory Council consisting of not more than twenty members of whom, as nearly as may be,
three-fourths shall be the representatives of the Scheduled Tribes in the Legislative Assembly of the State:
Provided that if the number of representatives of the Scheduled Tribes in the Legislative Assembly of the
State is less than the number of seats in the Tribes Advisory Council to be filled by such representatives, the
remaining seats shall be filled by other members of those tribes.
(2) It shall be the duty of the Tribes Advisory Council to advise on such matters pertaining to the welfare
and advancement of the Scheduled Tribes in the State as may be referred to them by the Governor.
(3) The Governor may make rules prescribing or regulating, as the case may be,
(a) the number of members of the Council, the mode of their appointment and the appointment of the
Chairman of the Council and of the officers and servants thereof;
(b) the conduct of its meetings and its procedure in general; and
(c) all other incidental matters.
5. Law applicable to Scheduled Areas.— (1) Notwithstanding anything in this Constitution, the Governor
may by public notification direct that any particular Act of Parliament or of the Legislature of the State shall
not apply to a Scheduled Area or any part thereof in the State or shall apply to a Scheduled Area or any
part thereof in the State subject to such exceptions and modifications as he may specify in the
notification and any direction given under this sub-paragraph may be given so as to have retrospective
effect.
(2) The Governor may make regulations for the peace and good government of any area in a State which is
for the time being a Scheduled Area.
(a) prohibit or restrict the transfer of land by or among members of the Scheduled Tribes in such area;
(b) regulate the allotment of land to members of the Scheduled Tribes in such area;
(c) regulate the carrying on of business as money-lender by persons who lend money to members of the
Scheduled Tribes in such area.
(3) In making any such regulation as is referred to in sub-paragraph (2) of this paragraph, the Governor
may repeal or amend any Act of Parliament or of the Legislature of the State or any existing law which is for
the time being applicable to the area in question.
(4) All regulations made under this paragraph shall be submitted forthwith to the President and, until
assented to by him, shall have no effect.
(5) No regulation shall be made under this paragraph unless the Governor making the regulation has, in the
case where there is a Tribes Advisory Council for the State, consulted such Council.
PART C
SCHEDULED AREAS
6. Scheduled Areas.—(1) In this Constitution, the expression “Scheduled Areas” means such areas as the
President may by order declare to be Scheduled Areas.
(2) The President may at any time by order —
(a) direct that the whole or any specified part of a Scheduled Area shall cease to be a Scheduled Area or a
part of such an area;
[(aa) increase the area of any Scheduled Area in a State after consultation with the Governor of that State;]
(b) alter, but only by way of rectification of boundaries, any Scheduled Area;
(c) on any alteration of the boundaries of a State or on the admission into the Union or the establishment of
a new State, declare any territory not previously included in any State to be, or to form part of, a Scheduled
Area;
[(d) rescind, in relation to any State or States, any order or orders made under this paragraph, and in
consultation with the Governor of the State concerned, make fresh orders redefining the areas which are to
be Scheduled Areas;]
and any such order may contain such incidental and consequential provisions as appear to the President to
be necessary and proper, but save as aforesaid, the order made under sub-paragraph (1) of this paragraph
shall not be varied by any subsequent order.
PART D
AMENDMENT OF THE SCHEDULE
7. Amendment of the Schedule.—(1) Parliament may from time to time by law amend by way of addition,
variation or repeal any of the provisions of this Schedule and, when the Schedule is so amended, any
reference to this Schedule in this Constitution shall be construed as a reference to such Schedule as so
amended.
(2) No such law as is mentioned in sub-paragraph (1) of this paragraph shall be deemed to be an
amendment of this Constitution for the purposes of article 368.
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