Bare Acts

PART VIII MISCELLANEOUS PROVISIONS


63. Special committee for development of Shillong.—The Central Government may, in consultation
with the Governments of Assam and Meghalaya, by order, constitute a committee consisting of such
number of persons as it may think fit for advising the two Governments on matters of common interests
with respect to Shillong in the field of education and water supply in particular, and with respect to its
development and administration in general.
Explanation.—In this section, Shillong shall mean the areas comprised within the cantonment and
municipality of Shillong and include such other areas adjoining the said cantonment or Municipality as
may be agreed upon by the Governments of Assam and Meghalaya in this behalf.
64. Provisions as to continuance of courts.—All courts and tribunals and all authorities discharging
lawful functions throughout Meghalaya or any part thereof immediately before the appointed day shall,
unless their continuance is inconsistent with the provisions of this Act or until other provision is made by
a competent authority, continue to exercise their respective functions.
65. Provisions relating to services.—(1) Every person who being a member of an All-India Service
is for the time being borne on the Assam State Cadre of that Service or is otherwise serving in connection
with the affairs of the State of Assam as a member of Class I service of that State may be required by the
Government of that State to serve in connection with the affairs of Meghalaya for such period or periods
as the Government of Assam may, by order, direct:
Provided that no such order shall be made—
(a) before the appointed day, except with the approval of the Central Government; and
(b) on or after the appointed day, except in accordance with such rules as may be made by the
Central Government after consultation with the Governments of Assam and Meghalaya.
(2) Subject to any general or special order which the Central Government may make in this behalf,
the control over any such person as is referred to in sub-section (1) shall, for so long as he is required to
serve in connection with the affairs of Meghalaya, be vested in the Government of Meghalaya.
(3) Such persons serving in connection with the affairs of the State of Assam immediately before the
appointed day, not being a person referred to in sub-section (1) as may be determined by agreement,
21
between the Government of Assam and the Government of Meghalaya or in default of agreement, by the
Central Government, may, notwithstanding anything in the terms of their appointments or their conditions
of service, be required to serve in connection with the affairs of the autonomous State.
(4) All previous service rendered by a person referred to in sub-section (3) in connection with the
affairs of the State of Assam shall be deemed to have been rendered in connection with the affairs of the
autonomous State for the purposes of the rules regulating his conditions of service.
(5) Nothing in sub-sections (3) and (4) shall be deemed to affect the power of the Legislature of
Meghalaya or the Governor to determine the conditions of service of persons serving in connection with
the affairs of Meghalaya:
Provided that the conditions of service applicable immediately before the appointed day to any person
referred to in sub-section (3) shall not be varied to his disadvantage except with the previous approval of
the Government of Assam.
66. Continuance of existing laws and their adaptations.—(1) All laws in force immediately before
the appointed day in the autonomous State shall continue to be in force therein until altered, repealed or
amended by a competent legislature or other competent authority.
(2) For the purpose of facilitating the application in relation to the autonomous State of any law made
before the appointed day, the appropriate Government may, within two years from that day, by order,
make such adaptations or modifications of the law, whether by way of repeal or amendment, as may be
necessary or expedient and thereupon every such law shall have effect subject to the adaptations and
modifications so made until altered, repealed or amended by a competent legislature or other competent
authority.
Explanation.—In this section, the expression ―appropriate Government‖ means as respects any law
relating to a matter enumerated in the Union List in the Seventh Schedule to the Constitution, the
Central Government, as respects any law relating to a matter in the Second Schedule, the Government of
Meghalaya, and, as respects any other law, the Government of Assam.
67. Autonomous State to be a State for certain purposes of the Constitution.—Subject to the
other provisions contained in this Act, reference to a State (by whatever form of words) in any of the
following articles of the Constitution shall be construed as including a reference to the autonomous State,
namely:—
Articles 12 to 15 (inclusive), 16 [except clause (3) thereof], 18, 19, 23, 25, 28 to 31 (inclusive),
31A, 34 to 51 (inclusive), 58, 59, 66, 73, 102, 110(1)(f), 131, 138, 149, 150, 151, 161, 209, 210, 233,
234, 235, 237, 251, 252, 256 to 258A (inclusive), 261, 262, 263, 268, 269, 270, 272, 274 to 280
(inclusive), 282, 288, 289, 293, 296, 298 to 305 (inclusive), 308 to 311 (inclusive), 320, 323(2), 324
to 329 (inclusive), 339 to 342 (inclusive), 345 to 348 (inclusive), 350, 350A, 350B, 353, 355 to 358
(inclusive), 360, 361, 364 to 367 (inclusive).
Explanation.—Reference in any of the articles above specified to the High Court or to the
State Public Service Commission shall be construed as reference to the High Court of Assam or the
Public Service Commission of the State of Assam, as the case may be.
68. Power of Governments of Assam and Meghalaya to carry on trade, etc., in
Meghalaya.—(1) The executive power which the Government of Assam may exercise under article 298
in Meghalaya for the carrying on of any trade or business and for the acquisition, holding and disposal of
property and the making of contracts for any purpose shall, in so far as such trade or business or such
purpose is not one with respect to which the Legislature of the State of Assam may make laws, be subject
to legislation by the Legislature of Meghalaya.
(2) The executive power which the Government of Meghalaya may exercise under article 298 in
Meghalaya for the carrying on of any trade or business and for the acquisition, holding and disposal of
property and the making of contracts of for any purpose shall, in so far as such trade or business or such
purpose is not one with respect to which the Legislature of Mehgalaya may make laws, be subject also to
legislation by the Legislature of the State of Assam.
22
69. Power to suspend provisions of this Act in case of failure of constitutional
machinery.—Where a Proclamation is issued under article 356 in respect of Meghalaya, the President
may, by the same Proclamation or a subsequent Proclamation varying it, suspend also, in whole or in part,
the operation of any of the provisions of this Act.
70. Construction of reference to “State” and “State Government” in other laws in relation to
Meghalaya.—Without prejudice to the provisions of sections 66 and 71 the Central Government may,
after consulting the Government of Assam, by notification in the Official Gazette, declare that any
reference to a ―State‖ in a Central Act specified in the notification shall, in its application to Meghalaya,
be construed as a reference to the whole or any part of Meghalaya and any reference to ―State
Government‖ in a Central Act specified in the notification shall in its application to Meghalaya be
construed as a reference to the Central Government.
71. Power to construe laws.—Notwithstanding that no provision or insufficient provision has been
made under section 66 for the adaptation of a law made before the appointed day, any court, tribunal or
authority required or empowered to enforce such law may, for the purpose of facilitating its application in
relation to the autonomous State, construe the law in such manner not affecting the substance as may be
necessary or proper in regard to the matter before the court, tribunal or authority, as the case may be.
72. Effect of provisions of Act inconsistent with other laws.—The provisions of this Act shall have
effect notwithstanding anything inconsistent therewith contained in any other law.
73. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of
this Act, the President may, by order, do anything not inconsistent with such provisions which appears to
him to be necessary or expedient for the purpose of removing the difficulty.
(2) Every order made under this section shall be laid before both Houses of Parliament as soon as
may be after it is made.
74. Amendment of the Sixth Schedule.—The Sixth Schedule in the Constitution shall stand
amended as specified in the Fourth Schedule.
75. Amendment of Act 2 of 1934.—In section 21A of the Reserve Bank of India Act, 1934, in
sub-section (1) , after the words ―any State‖, the brackets and words ―(including the autonomous State of
Meghalaya)‖ shall be inserted.
76. Amendment of Act 37 of 1956.—In section 16 of the States Reorganisation Act, 1956, in
sub-section (1) , for clause (d), the following clause shall be substituted, namely:—
―(d) in the case of the Eastern Zone,—
(i) the Chief Minister and another Minister of the autonomous State of Meghalaya to be
nominated by the Governor of Assam and if there is no Council of Ministers therein, not more
than two members from the autonomous State of Meghalaya to be nominated by the
President; and
(ii) the person for the time being holding the office of the Adviser to the Governor of Assam
for Tribal areas.‖.
77. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,
make rules to give effect to the provisions of this Act.
(2) Every rule made under this section shall be laid as soon as may be after it is made, before each
House of Parliament, while it is in session for a total period of thirty days which may be comprised in one
session or 1
[in two or more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid], both Houses agree in making any modification
in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only
in such modified form or be of no effect, as the case may be, so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously done under that rule.

Back