That for the Fifth Schedule, the following Schedule be substituted:—”FIFTH SCHEDULE[Articles 215-A (a) and 215-B (1)]PROVISIONS AS TO THE ADMINISTRATION AND CONTROL OF SCHEDULED AREAS AND SCHEDULED TRIBESPart 1GENERAL 1. Interpretation.—In this Schedule, unless the context otherwise requires, the expression “State’ means a State for the time being specified in Part I or Part III of the First Schedule. 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 or Ruler to the Government of India regarding the administration of the scheduled areas.—The Governor or Ruler of each State having scheduled areas therein shall annually, or whenever so required by the Government of India, make a report to that Government 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 II 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 or Ruler, as the case may be. (3) The Governor or Ruler 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 its Chairman 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 contained in this Constitution the Governor or Ruler, as the case may be, may by Public notification direct that any particular Act of Parliament 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.(2) The Governor or Ruler, as the case may be, 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 any such area;(b) regulate the allotment of land to members of the scheduled tribes in such areas;(c) regulate the carrying on of business as money-lender by persons who lend money to members of the scheduled tribes such areas.(3) In making any regulation as is referred to in sub-paragraph (2) of this paragraph, the Governor or Ruler 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 regulation 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 or the Ruler making the regulation has in the case where there is a Tribes Advisory Council for the State, consulted such Council. Part III SCHEDULED AREAS6. 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; (b) alter, but only by way of ratification 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 tobe, or to form part of a scheduled area, and any such older 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 IV AMENDMENT OF THE SCHEDULE7. 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 purposes of article 304 thereof.”
