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SC Ruling in the KRIBHCO case: An Analysis (See 'TII Edit')2 Quality Control Orders for 19 Geo Textiles and 12 Protective Textiles issuedTariff value of edible oil & gold amendedIMF expects China to grow by 5% in 2023Scindia emphasizes on need for tailored decarbonisation solutions50 killed in Pak bomb blast; Dozens more feared deadGST - Applicant owns Namma Yatri App and qualifies as an Electronic Commerce Operator but the impugned services are not supplied 'through' them, hence Applicant is not liable to collect and pay GST: AARGST- Cancellation of registration - By issuing a cryptic show cause notice, the authorities had violated the principles of natural justice - Petition allowed: HCGST - Cancellation of registration - SCN is incapable of eliciting any meaningful response - Order is equally cryptic and vague - Petition allowed with costs: HCCus - s.149 - Tribunal was right in allowing amendment of shipping bill so as to enable respondent claim service tax rebate in terms of notification 41/2012-ST: HCI-T - Re-opening of assessment can be sustained where the reasons recorded by the AO for commencing these proceedings are based on incorrect appreciation of facts: HCIndia's energy-mix strategies include sharp shift toward clean energy alternatives: MoSBIS organizes workshop to popularise Draft Development and Building RegulationsI-T - Aan order passed by CIT(A) in remanding matter back to AO is sustainable, where it is in excess of powers to enhance assessment provided for in Section 251 of Act : HCPradhan launches CRIIIO 4 GOOD modules to advance gender equalitySurgeons find earphones, screws, rakhis and more in 40-yr-old person’s stomach in PunjabI-T- Additions on grounds of unexplained cash credit cannot be upheld where where Assessee is able to prove identity of lenders as well as their creditworthiness and genuineness: HCMoS to lead delegation to Tashkent International Film FestivalSC orders police probe into phantom order attached to pending petitionI-T - As per settled precedent in judgment of Gopalakrishnan Rajkumar Versus Principal Commissioner of Income Tax revisionary proceedings under Section 263 cannot be sustained when Assessee opts for settlement under Vivad Se Vishwas Scheme: HCIndia-Canada brawl: A peep into eerie thesaurus of diplomatic taunts!US, India Foreign Ministers hold talks but shrug of India-Canada brawlI-T - Granting of license to developer to enter Assessee's land for purpose of development, is not tantamount to allowing possession of land as per Transfer of Property Act & thus does not amount to transfer as per Section 2(47)(v) of I-T Act: HCVietnam logs economic growth of 5.3% in Q3I-T- Assessee is an organisation which survives on contributions; cancellation of registration u/s 12AB would disable it from receiving contributions from domestic patrons; employees of the Assessee would be adversely impacted - case made out for interim relief - Stay granted on order cancelling Assessee's registration: HCUnidentified shooters kill 3 persons in RotterdamCX - Assessee originally registered as manufacturer, cannot change its status to dealer, solely to evade payment of Excise duty & confiscation of goods as per Rule 25 of Central Excise Rules 2002: CESTATCBIC Chairman says Govt to bring down logistics cost to 8% of GDPST - In view of conduct of appellants in depositing tax with interest and 25% penalty, provisions of Section 80 are invited and benefits of Section 80 can be extended to appellants, thus penalties imposed are not sustainable: CESTAT



[Article 244(1)]

Provisions as to the Administration and Control of Scheduled Areas and Scheduled Tribes

Part A


1. Interpretation:-In this Schedule, unless the context otherwise requires, the expression "State" does not include the States of Assam, 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.

In particular and without prejudice to the generality of the foregoing power, such regulations may-

(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 order1 declare to be Scheduled Areas.

(2) The President may at any time by order2-

(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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