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The Assam Reorganisation (Meghalaya) Act, 1969

Year of Passage: 1969 | Type: Bare Act

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 theOfficial Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act.

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 theOfficial 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 forthe purpose of election to the Legislative Assembly; (e) "Election Commission" means the Election Commission appointed by the President underarticle 324; (f) "Governor" means the Governor of Assam exercising his functions as Governor in relation toMeghalaya by virtue of this Act; (g) "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 thewhole 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.

Section 3 Formation of Meghalaya.

(1) On and from the appointed day, there shall be formed within theState of Assam an autonomous State to be known as Meghalaya which shall, subject to the provisions ofsub-section (2), comprise the following tribal areas, namely: (i) The United Khasi Jaintia Hills District as described in sub-paragraph (2) of paragraph 20 ofthe Sixth Schedule to the Constitution (exclusive of the proviso thereto) but excluding the areastransferred to the Mikir Hills autonomous district by the notification of the Government of AssamNo. 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 forthe purpose not being a date later than the appointed day, the District Council for the autonomous districtof the North Cachar Hills or the Mikir Hills or both, as the case may be, has or have by resolution passedby a majority of not less than two-thirds of the members thereof, expressed a desire that the saidautonomous district or districts shall form part of Meghalaya, the President may, by order, make adeclaration to that effect and accordingly, on and from the appointed day, the North Cachar Hills Districtor 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 theGovernor and shall be exercised by him either directly or through officers subordinate to him inaccordance 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 anyother authority; or (b) prevent Parliament or the Legislature of the State of Assam or Meghalaya from conferring bylaw 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 executivepower of Meghalaya shall extend to the matters with respect to which the Legislature of Meghalaya haspower to make laws: Provided that in any matter with respect to which the Legislature of Meghalaya, the Legislature of theState of Assam and Parliament have power to make laws, the executive power of Meghalaya shall besubject to, and limited by, the executive power expressly conferred by this Act, or by any law made byParliament upon the Union or the State of Assam or the authorities thereof or, as the case may be, by theLegislature 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, inrelation to Meghalaya to the matters with respect to which the Legislature of Meghalaya has exclusivepower to make laws under this Act. (3) For the removal of doubts, it is hereby declared that, save as otherwise provided in this Act, theexecutive power of the State of Assam shall, in relation to Meghalaya, continue to extend to the matterswith respect to which the Legislature of Meghalaya has no power to make laws.
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