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The State Of Arunachal Pradesh Act, 1986

THE STATE OF ARUNACHAL PRADESH ACT
ACT NO. 69 OF
24th December
An Act to provide for the establishment of the State of Arunachal
Pradesh and for matters connected therewith.

BE it enacted by Parliament in the Thirty – seventh Year of the
Republic of India as follows:–

PART

PRELIMINARY

PART I

PRELIMINARY

1. Short title.

1. Short title. This Act may be called the State of Arunachal
Pradesh Act 1986.

2. Definitions.

2. Definitions. In this Act unless the context otherwise
requires–

(a) Administrator means the Administrator appointed by the
President under article 239;

(b) appointed day means the day which the Central
Government may by notification in the Official Gazette appoint;

(c) article means an article of the Constitution;

(d) Election Commission means the Election Commission
appointed by the President under article 324;

(e) existing Union territory of Arunachal Pradesh means
the Union territory of Arunachal Pradesh as existing immediately
before the appointed day;

(f) 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
the whole or any part of the existing Union territory of
Arunachal Pradesh;

(g) sitting member in relation to either House of
Parliament or of the Legislative Assembly of the existing Union
territory of Arunachal Pradesh means a person who immediately
before the appointed day is a member of that House or that
Assembly;

(h) treasury includes a sub – treasury.

20.2.1987: vide Notification No. S.O. 74 (E) dated 11-2-1987
Gazette of India Extraordinary 1987 part II Section 3(ii).

PART

ESTABLISHMENT OF THE STATE OF ARUNACHAL PRADESH

PART II

ESTABLISHMENT OF THE STATE OF ARUNACHAL PRADESH

3. Establishment of the State of Arunachal Pradesh.

3. Establishment of the State of Arunachal Pradesh. On and from
the appointed day there shall be established a new State to be known
as the State of Arunachal Pradesh comprising the territories which
immediately before that day were comprised in the existing Union
territory of Arunachal Pradesh.

4. Amendment of First Schedule to the Constitution.

4. Amendment of First Schedule to the Constitution. On and from
the appointed day in the First Schedule to the Constitution–

(a) under the heading I. THE STATES after entry 23 the
following entry shall be inserted namely:–

24. Arunachal Pradesh The territories specified in
section 7 of the North – Eastern Areas (Reorganisation) Act 1971.;

(b) under the heading II. THE UNION TERRITORIES entry
relating to Arunachal Pradesh shall be omitted.

PART

REPRESENTATION IN THE LEGISLATURES

PART III

REPRESENTATION IN THE LEGISLATURES

The Council of States

5. Amendment of Fourth Schedule to the Constitution.

5. Amendment of Fourth Schedule to the Constitution. On and from
the appointed day in the Fourth Schedule to the Constitution in the
Table–

(a) entries 24 and 25 shall be re – numbered as entries 25 and
26 respectively and before entry 25 as so re – numbered the
following entry shall be inserted namely:–

24. Arunachal Pradesh……1;

(b) entry 26 shall be omitted.

6. Allocation of sitting member.

6. Allocation of sitting member. (1) On and from the appointed
day the sitting member of the Council of States representing the
existing Union territory of Arunachal Pradesh shall be deemed to have
been duly elected under clause (4) of article 80 to fill the seat
allotted to the State of Arunachal Pradesh in that Council.

(2) The term of office of such sitting member shall remain
unaltered.

7. Amendment of section 27A of Act 43 of 1950.

7. Amendment of section 27A of Act 43 of 1950. On and from the
appointed day in section 27A of the Representation of the People Act
1950 in sub – section (4) for the words The electoral college for
each of the Union territories of Arunachal Pradesh and Pondicherry
the words The electoral college for the Union territory of
Pondicherry shall be substituted.

The House of the People

8. Allocation of seats in the existing House of the People.

8. Allocation of seats in the existing House of the people. (1)
On and from the appointed day the allocation of seats to the State of
Arunachal Pradesh in the House of the People shall be two; and the
First Schedule to the Representation of the People Act 1950 (43 of
1950) shall be deemed to be amended accordingly.

(2) On and from the appointed day the two parliamentary
constituencies of the existing Union territory of Arunachal Pradesh
shall be deemed to be the parliamentary constituencies of the State of
Arunachal Pradesh and the Delimitation of Parliamentary and Assembly
Constituencies Order 1976 shall be construed accordingly.

9. Provision as to sitting members.

9. Provision as to sitting members. The sitting members of the
House of the People representing the constituencies which on the
appointed day by virtue of the provisions of section 8 become the
constituencies of the State of Arunachal Pradesh shall be deemed to
have been elected under sub – clause (a) of clause (1) of article 81 to
the House of the People by those constituencies.

The Legislative Assembly

10. Provision as to Legislative Assembly.

10. Provision as to Legislative Assembly. The total number
of seats in the Legislative Assembly of the State of Arunachal
Pradesh to be filled by persons chosen by direct election from asse-
mbly constituencies shall be sixty out of which fifty – nine seats
shall be reserved for the Scheduled Tribes; and the provisions of the
Representation of the People Act 1950 (43 of 1950) shall be deemed
to be amended accordingly

11. Provisional Legislative Assembly.

11. Provisional Legislative Assembly. (1) Notwithstanding
anything contained in this Act (including provisions relating to the
strength of the Legislative Assembly of the State of Arunachal
Pradesh) on and from the appointed day and until the Legislative
Assembly of that State has been duly constituted and summoned to meet
for the first session there shall be a provisional Legislative
Assembly which shall consist of–

(a) members elected by the territorial constituencies of; and

(b) members nominated to

the Legislative Assembly of the existing Union territory of
Arunachal Pradesh.

(2) The period of five years referred to in clause (1) of article
172 shall in the case of the provisional Legislative Assembly
referred to in sub – section (1) be deemed to have commenced on the day
on which the duration of the existing Legislative Assembly of the
Union territory of Arunachal Pradesh commenced under section 5 of the
Government of Union Territories Act 1963 (20 of 1963).

(3) For so long as the provisional Legislative Assembly cons-
tituted under this section is in existence–

(a) it shall be deemed to be the Legislative Assembly of the
State of Arunachal Pradesh duly constituted under the Constitu-
tion and shall be competent to discharge all the functions of a
Legislative Assembly of a State under the Constitution; and

(b) the members thereof referred to in clause (a) of sub-
section (1) shall be deemed to be the members of the Legislative
Assembly of the State of Arunachal Pradesh duly elected under the
Constitution.

12. Speaker and Deputy Speaker.

12. Speaker and Deputy Speaker. The persons who immediately
before the appointed day are the Speaker and the Deputy Speaker of the
Legislative Assembly of the Union territory of Arunachal Pradesh
shall be the Speaker and the Deputy Speaker respectively of the
provisional Legislative Assembly of the State of Arunachal Pradesh on
and from that day.

13. Rules of procedure.

13. Rules of procedure. The rules of procedure and conduct of
business of the Legislative Assembly of the existing Union territory
of Arunachal Pradesh as in force immediately before the appointed day
shall until rules are made under clause (1) of article 208 be the
rules of procedure and conduct of business of the provisional
Legislative Assembly of the State of Arunachal Pradesh subject to
such modifications and adaptations as may be made therein by the
Speaker thereof.

Subs. by Act 52 of 1988 s. 2.

Subs. by Act 19 of 1987 s. 2 (w.e.f. 20-2-1987).

Delimitation of constituencies

14. Delimitation of constituencies.

14. Delimitation of constituencies. (1) The Election Commission
shall in the manner herein provided distribute whether before or
after the appointed day the seats assigned to the Legislative
Assembly of the State of Arunachal Pradesh under section 10 to single-
member territorial constituencies and delimit them having regard to
the provisions of the Constitution and to the following provisions
namely:–

(a) all constituencies shall as far as practicable be
geographically compact areas and in delimiting them regard shall
be had to physical features existing boundaries of
administrative units facilities of communication and public
convenience; and

(b) constituencies in which seats are reserved for the
Scheduled Tribes shall as far as practicable be located in
areas where the proportion of their population to the total
population is the largest.

(2) For the purpose of assisting it in the performance of its
functions under sub – section (1) the Election Commission shall
associate with itself as associate members–

(a) the sitting members of the House of the People referred
to in section 9; and

(b) such six of the members of the Legislative Assembly of
the existing Union territory of Arunachal Pradesh or as the case
may be the provisional Legislative Assembly referred to in
section 11 as the Speaker thereof may nominate:

Provided that none of the associate members shall have a right to
vote or to sign any decision of the Election Commission.

(3) If owing to death or resignation the office of an associate
member falls vacant it shall be filled if practicable in accordance
with the provisions of sub – section (2).

(4) The Election Commission shall–

(a) publish its proposals for the delimitation of
constituencies together with the dissenting proposals if any of
any associate member who desires publication thereof in the
Official Gazette and in such other manner as the Commission may
consider fit together with a notice inviting objections and
suggestions in relation to the proposals and specifying a date on
or after which the proposals will be further considered by it;

(b) consider all objections and suggestions which may have
been received by it before the date so specified;

(c) after considering all objections and suggestions which
may have been received by it before the date so specified
determine by one or more orders the delimitation of
constituencies and cause such order or orders to be published in
the Official Gazette; and upon such publication the order or
orders shall have the full force of law and shall not be called
in question in any court.

(5) As soon as may be after such publication every such order
relating to assembly constituencies shall be laid before the
Legislative Assembly of the existing Union territory of Arunachal
Pradesh or as the case may be the provisional Legislative Assembly
referred to in section 11.

15. Power of Election Commission to maintain delimitation orders up – to-date.

15. Power of Election Commission to maintain delimitation orders
up – to-date. (1) The Election Commission may from time to time by
notification in the Official Gazette–

(a) correct any printing mistake in any order made under
section 14 or any error arising therein from inadvertent slip or
omission;

(b) where the boundaries or name of any territorial division
mentioned in any such order are or is altered make such
amendments as appear to it to be necessary or expedient for
bringing such order up – to-date.

(2) Every notification under this section relating to an assembly
constituency shall be laid as soon as may be after it is issued
before the Legislative Assembly of the existing Union territory of
Arunachal Pradesh the provisional Legislative Assembly referred to in
section 11 or the Legislative Assembly of the State of Arunachal
Pradesh as the case may be.

16. Amendment of Scheduled Castes Orders.

16. Amendment of Scheduled Castes Orders. (1) On and from the
appointed day the Constitution (Scheduled Castes) Order 1950 shall
stand amended as directed in the First Schedule.

(2) On and from the appointed day the Constitution (Scheduled
Castes) (Union Territories) Order 1951 shall stand amended as
directed in the Second Schedule.

17. Amendment of Scheduled Tribes Orders.

17. Amendment of Scheduled Tribes Orders. (1) On and from the
appointed day the Constitution (Scheduled Tribes) Order 1950 shall
stand amended as directed in the Third Schedule.

(2) On and from the appointed day the Constitution (Scheduled
Tribes) (Union Territories) Order 1951 shall stand amended as
directed in the Fourth Schedule.

PART

HIGH COURT

PART IV

HIGH COURT

18. Common High Court for Assam Nagaland Meghalaya Manipur TripuraMizoram
and Arunachal Pradesh.

18. Common High Court for Assam Nagaland Meghalaya Manipur
Tripura Mizoram and Arunachal Pradesh. (1) On and from the appointed
day–

(a) there shall be a common High Court for the States of
Assam Nagaland Meghalaya Manipur Tripura Mizoram and
Arunachal Pradesh to be called the Gauhati High Court (the High
Court of Assam Nagaland Meghalaya Manipur Tripura Mizoram
and Arunachal Pradesh) (hereinafter referred to as the common
High Court);

(b) the Judges of the High Court of Assam Nagaland
Meghalaya Manipur Tripura and Mizoram holding office
immediately before that day shall unless they have elected
otherwise become on that day the Judges of the common High
Court.

(2) The expenditure in respect of the salaries and allowances of
the Judges of the common High Court shall be allocated amongst the

States of Arunachal Pradesh Assam Manipur Meghalaya Mizoram
Nagaland and Tripura in such proportion as the President may by
order determine.

19. Provision as to advocates.

19. Provision as to advocates. (1) On and from the appointed
day–

(a) in the Advocates Act 1961 (25 of 1961) in section
in sub – section (1) for clause (b) the following clause shall be
substituted namely:–

(b) for the States of Arunachal Pradesh Assam
Manipur Meghalaya Mizoram Nagaland and Tripura to be
known as the Bar Council of Assam Nagaland Meghalaya
Manipur Tripura Mizoram and Arunachal Pradesh;;

(b) the Bar Council of Assam Nagaland Meghalaya Manipur
Tripura and Mizoram shall be deemed to be the Bar Council of
Assam Nagaland Meghalaya Manipur Tripura Mizoram and
Arunachal Pradesh.

(2) Any person who immediately before the appointed day is an
advocate entitled to practise in the High Court of Assam Nagaland
Meghalaya Manipur Tripura and Mizoram shall be entitled to practise
as an advocate in the common High Court.

(3) All persons who immediately before the appointed day are
advocates on the roll of the Bar Council of Assam Nagaland
Meghalaya Manipur Tripura and Mizoram shall as from that day
become advocates on the roll of the Bar Council of Assam Nagaland
Meghalaya Manipur Tripura Mizoram and Arunachal Pradesh.

(4) The right of audience in the common High Court shall be
regulated in accordance with the like principles as immediately
before the appointed day are in force with respect to the right of
audience in the High Court of Assam Nagaland Meghalaya Manipur
Tripura and Mizoram:

Provided that as among the Advocates – General of the States of
Arunachal Pradesh Assam Manipur Meghalaya Mizoram Nagaland and
Tripura the right of audience shall be determined with reference to
their dates of enrolment as advocates.

20. Practice and procedure in the common High Court.

20. Practice and procedure in the common High Court. Subject to
the provisions of this Part the law in force immediately before the
appointed day with respect to practice and procedure in the High Court
of Assam Nagaland Meghalaya Manipur Tripura and Mizoram shall
with the necessary modifications apply in relation to the common High
Court.

21. Custody of Seal of the common High Court.

21. Custody of Seal of the common High Court. The law in force
immediately before the appointed day with respect to the custody of
the Seal of the High Court of Assam Nagaland Meghalaya Manipur
Tripura and Mizoram shall with the necessary modifications apply
with respect to the custody of the Seal of the common High Court.

22. Form of writs and other processes.

22. Form of writs and other processes. The law in force
immediately before the appointed day with respect to the form of writs
and other processes used issued or awarded by the High Court of
Assam Nagaland Meghalaya Manipur Tripura and Mizoram shall with
necessary modifications apply with respect to the form of writs and
other processes used issued or awarded by the common High Court.

23. Powers of Judges.

23. Powers of Judges. The law in force immediately before the
appointed day with respect to the powers of the Chief Justice single
Judges and division courts of the High Court of Assam Nagaland
Meghalaya Manipur Tripura and Mizoram and with respect to all
matters ancillary to the exercise of those powers shall with the
necessary modifications apply in relation to the common High Court.

24. Principal seat and other places of sitting of the common High Court.

24. Principal seat and other places of sitting of the common High
Court. (1) The principal seat of the common High Court shall be at the
same place at which the principal seat of the High Court of Assam
Nagaland Meghalaya Manipur Tripura and Mizoram is located
immediately before the appointed day.

(2) The President may by notified order provide for the
establishment of a permanent bench or benches of the common High Court
at one or more places within the territories to which the jurisdiction
of the High Court extends other than the principal seat of the High
Court and for any matters connected therewith:

Provided that before issuing any order under this sub – section
the President shall consult the Chief Justice of the common High Court
and the Governor of the State in which the bench or benches is or are
proposed to be established.

(3) Notwithstanding anything contained in sub – section (1) or sub-
section (2) the Judges and division courts of the common High Court
may also sit at such other place or places in the States of Assam
Nagaland Meghalaya Manipur Tripura Mizoram and Arunahal Pradesh as
the Chief Justice may with the approval of the Governor of the State
concerned appoint.

25. Procedure as to appeals to Supreme Court.

25. Procedure as to appeals to Supreme Court. The law in force
immediately before the appointed day relating to appeals to the
Supreme Court from the High Court of Assam Nagaland Meghalaya
Manipur Tripura and Mizoram and the Judges and division courts
thereof shall with the necessary modifications apply in relation to
the common High Court.

26. Transfer of proceedings from the High Court of Assam
NagalandMeghalaya Manipur Tripura and Mizoram to the common High Court.

26. Transfer of proceedings from the High Court of Assam
Nagaland Meghalaya Manipur Tripura and Mizoram to the common High
Court. (1) All proceedings pending in the High Court of Assam
Nagaland Meghalaya Manipur Tripura and Mizoram immediately before
the appointed day shall from such day stand transferred to the
common High Court.

(2) Every proceeding transferred under sub – section (1) shall be
disposed of by the common High Court as if such proceeding was
entertained by that High Court.

27. Interpretation.

27. Interpretation. For the purposes of section 26–

(a) proceedings shall be deemed to be pending in a court
until that court has disposed of all issues between the parties
including any issues with respect to the taxation of the costs of
the proceedings and shall include appeals applications for leave
to appeal to the

Supreme Court applications for review petitions for revision
and petitions for writs; and

(b) references to a High Court shall be construed as
including references to a Judge or division court thereof; and
references to an order made by a court or a Judge shall be
construed as including references to a sentence judgment or
decree passed or made by that court or Judge.

28. Right to appear or to act in proceedings transferred to the commonHigh
Court.

28. Right to appear or to act in proceedings transferred to the
common High Court. Any person who immediately before the appointed
day is an advocate entitled to practise in the High Court of Assam
Nagaland Meghalaya Manipur Tripura and Mizoram and was authorised
to appear or to act in any proceedings transferred from the said High
Court to the common High Court under section 26 shall have the right
to appear or to act as the case may be in the common High Court in
relation to those proceedings.

29. Saving.

29. Saving. Nothing in this Part shall affect the application to
the common High Court of any provisions of the Constitution and this
Part shall have effect subject to any provision that may be made on or
after the appointed day with respect to that High Court by any
Legislature or other authority having power to make such provisions.

PART

AUTHORISATION OF EXPENDITURE AND DISTRIBUTION OF REVENUES

PART V

AUTHORISATION OF EXPENDITURE AND DISTRIBUTION OF REVENUES

30. Authorisation of expenditure pending its sanction by the Legislature.

30. Authorisation of expenditure pending its sanction by the
Legislature. (1) The President may at any time before the appointed
day authorise by order such expenditure from the Consolidated Fund of
the State of Arunachal Pradesh as he deems necessary for a period of
not more than six months beginning with the appointed day pending the
sanction of such expenditure by the Legislative Assembly of the State
of Arunachal Pradesh:

Provided that the Governor of Arunachal Pradesh may afer the
appointed day authorise by order such further expenditure as he deems
necessary from the Consolidated Fund of the State of Arunachal Pradesh
for any period not extending beyond the said period of six months.

(2) The President or as the case may be the Governor of
Arunachal Pradesh shall make separate orders under sub – section (1) in
respect of periods falling in different financial years.

31. Reports relating to the accounts of the existing Union territory ofArunachal
Pradesh.

31. Reports relating to the accounts of the existing Union
territory of Arunachal Pradesh. (1) The reports of the Comptroller and
Auditor – General of India referred to in section 49 of the Government
of Union Territories Act 1963 (20 of 1963) relating to the accounts
of the exising Union territory of Arunachal Pradesh in respect of any
period prior to the appointed day shall be submitted to the Governor
of Arunachal Pradesh who shall cause them to be laid before the
Legislative Assembly of the State.

(2) The Governor may by order–

(a) declare any expenditure incurred out of the Consolidated
Fund of the existing Union territory of Arunachal Pradesh on any
service in respect of any period prior to the appointed day
during the financial year 1986-87 or in respect of any earlier
financial year in

excess of the amount granted for that service and for that year
as disclosed in the reports referred to in sub – section (1) to
have been duly authorised and

(b) provide for any action to be taken on any matter arising
out of the said reports.

32. Allowances and privileges of Governor of Arunachal Pradesh.

32. Allowances and privileges of Governor of Arunachal Pradesh.
The allowances and privileges of the Governor of Arunachal Pradesh
shall until the Governors (Emoluments Allowances and Privileges)
Act 1982 (46 of 1982) comes into force be such as the President
may by order determine.

33. Distribution of revenues.

33. Distribution of revenues. The President shall by order
determine the grants – in-aid of the revenues of the State of Arunachal
Pradesh and the share of that State in the Union duties of excise
estate duty and taxes on income and for that purpose amend thereby the
relevant provisions of the Additional Duties of Excise (Goods of
Special Importance) Act 1957 (58 of 1957) the Union Duties of
Excise (Distribution) Act 1979 (24 of 1979) the Estate Duty
(Distribution) Act 1962 (9 of 1962) and the Constitution
(Distribution of Revenues) Order 1985 in such manner as he thinks
fit.

PART

ASSETS AND LIABILITIES

PART VI

ASSETS AND LIABILITIES

34. Property assets rights liabilities obligations etc.

34. Property assets rights liabilities obligations etc. (1)
All such property and assets within the existing Union territory of
Arunachal Pradesh as are held immediately before the appointed day by
the Union for purposes of governance of that Union territory shall on
and from that day pass to the State of Arunachal Pradesh unless the
purposes for which such property and assets are so held are Union
purposes:

Provided that the cash balances in the treasuries in the existing
Union territory of Arunachal Pradesh before the appointed day shall
as from that day vest in the State of Arunachal Pradesh.

(2) All rights liabilities and obligations (other than those
relatable to or in connection with a Union purpose) whether arising
out of any contract or otherwise which are immediately before the
appointed day–

(a) the rights liabilities and obligations of the Central
Government arising out of or in connection with the governance
of the existing Union territory of Arunachal Pradesh; or

(b) the rights liabilities and obligations of the
Administrator of the existing Union territory of Arunachal
Pradesh in his capacity as such or of the Government of that
Union territory shall on and from the appointed day be the
rights liabilities and obligations of the Government of the
State of Arunachal Pradesh.

(3) The right to recover arrears of–

(a) any tax or duty being a tax or duty enumerated in the
State List in the Seventh Schedule to the Constitution; or

(b) any duty referred to in article 268; or

(c) any tax under the Central Sales Tax Act 1956 (74 of
1956)

which have fallen due in the existing Union territory of
Arunachal Pradesh shall pass to the State of Arunachal Pradesh.

(4) The provisions of this section shall not apply to or in
relation to–

(a) any institution undertaking or project the expenditure
in relation to which is immediately before the appointed day
met from and out of the Consolidated Fund of India;

(b) any property which has been placed by the Union at the
disposal of the administration of the existing Union territory of
Arunachal Pradesh subject to the condition that the ownership
thereof will continue to vest in the Union.

Explanation: — For the purposes of this section–

(a) liability includes liability in respect of any civil
deposit local fund deposit charitable or other endowment
provident fund account pension or actionable wrong;

(b) Union purposes means the purposes of Government
relatable to any of the matters mentioned in the Union List.

PART

PROVISIONS AS TO SERVICES

PART VII

PROVISIONS AS TO SERVICES

35. Provision relating to All – India Services.

35. Provision relating to All – India Services. Every member of the
Indian Administrative Service the Indian Police Service and the
Indian Forest Service who immediately before the appointed day is
holding any post in the existing Union territory of Arunachal Pradesh
shall until otherwise directed by the Central Government be deemed
to be on deputation on and from the appointed day to the Government
of the State of Arunachal Pradesh on the same terms and conditions of
service as are applicable to him under the relevant cadre rules:

Provided that the period of such deputation shall in no case
extend beyond a period of three years from the appointed day.

Explanation: — In this section cadre rules means the Indian
Administrative Service (Cadre) Rules 1954 the Indian Police Service
(Cadre) Rules 1954 or the Indian Forest Service (Cadre) Rules
as the case may be.

36. Provisions relating to other services.

36. Provisions relating to other services. (1) Every person who
immediately before the appointed day is serving in connection with the
affairs of the Union under the administrative control of the
Administrator of the existing Union territory of Arunachal Pradesh
shall unless otherwise directed by an order of the Central
Government be deemed to have been allocated for service as from that
day in connection with the affairs of the State of Arunachal Pradesh:

Provided that no directions shall be issued under this section
after the expiry of a period of one year from the appointed day.

(2) The provisions of this section shall not apply in relation to
persons to whom the provisions of section 35 apply.

37. Other provisions as to services.

37. Other provisions as to services. (1) Nothing in this section
or section 36 shall be deemed to affect on or after the appointed day
the operation of the provisions of Chapter I of Part XIV of the
Constitution in relation to determination of the conditions of service
of persons serving in connection with the affairs of the State of
Arunachal Pradesh:

Provided that the conditions of service applicable immediately
before the appointed day in the case of any person referred to in
section 36 shall not be varied to his disadvantage except with the
previous approval of the Central Government.

(2) All services prior to the appointed day rendered by a person
deemed to have been allocated under section 36 in connection with the
administration of the existing Union territory of Arunachal Pradesh
shall be deemed to have been rendered in connection with the affairs
of the State of Arunachal Pradesh for the purposes of the rules
regulating his conditions of service.

38. Provisions as to continuance of officers in same posts.

38. Provisions as to continuance of officers in same posts. Every
person who immediately before the appointed day is holding or
discharging the duties of any post or office in connection with the
affairs of the existing Union territory of Arunachal Pradesh shall
continue to hold the same post or office and shall be deemed on and
from that day to have been duly appointed to the post or office by
the Government of or other appropriate authority in the State of
Arunachal Pradesh on the same terms and conditions of appointment and
on the same tenure as he was holding the post or office immediately
before that day:

Provided that nothing in this section shall be deemed to prevent
a competent authority on or after the appointed day from passing in
relation to such person any order affecting his continuance in such
post or office.

39. Advisory Committees.

39. Advisory Committees. The Central Government may by order
establish one or more Advisory Committees for the purpose of assisting
it in regard to–

(a) the discharge of its functions under this Part; and

(b) the ensuring of fair and equitable treatment to all
persons affected by the provisions of this Part and the proper
consideration of any representations made by such persons.

40. Prohibition of representation after certain period.

40. Prohibition of representation after certain period.
Notwithstanding anything to the contrary contained in any law or rule
for the time being in force no representation shall lie against any
order passed under the provisions of this Part on the expiry of three
months from the date of publication or service whichever is earlier
of such order:

Provided that the Central Government may suo motu or otherwise
and for reasons to be recorded re – open any matter and pass such
orders thereon as may appear to it to be appropriate if it is
satisfied that it is necessary so to do in order to prevent any
miscarriage of justice to any affected person.

41. Power of Central Government to give direcions.

41. Power of Central Government to give direcions. The Central
Government may give such directions to the Government of the State of
Arunachal Pradesh as may appear to it to be necessary for the purpose
of giving effect to the foregoing provisions of this Part and the
State Government shall comply with such directions.

PART

LEGAL AND MISCELLANEOUS PROVISIONS

PART VIII

LEGAL AND MISCELLANEOUS PROVISIONS

42. Amendment of article 210 article 239A and article 240 of
theConstitution.

42. Amendment of article 210 article 239A and article 240 of the
Constitution. On and from the appointed day–

(a) in article 210 in clause (2) in the second proviso
for the words Legislature of the State of Mizoram the words
Legislatures of the States of Arunachal Pradesh and Mizoram
shall be substituted;

(b) in article 239A in clause (1) for the words
Pondicherry and Arunachal Pradesh the words and Pondicherry
shall be substituted;

(c) in article 240 in clause (1)–

(i) entry (g) shall be omitted;

(ii) in the provisos for the words Pondicherry or
Arunachal Pradesh the words or Pondicherry shall be
substituted.

43. Amendment of Act 28 of 1958.

43. Amendment of Act 28 of 1958. On and from the appointed day
in the Armed Forces (Special Powers) Act 1958 in the long title and
in sub – section (2) of section 1 for the words Assam Manipur
Meghalaya Mizoram Nagaland and Tripura and the Union territory of
Arunachal Pradesh the words Arunachal Pradesh Assam Manipur
Meghalaya Mizoram Nagaland and Tripura shall be substituted.

44. Amendment of Act 20 of 1963.

44. Amendment of Act 20 of 1963. On and from the appointed day
in the Government of Union territories Act 1963–

(i) in clause (h) of sub – section (1) of section 2 for the
words Pondicherry and Arunachal Pradesh the words and
Pondicherry shall be substituted;

(ii) in section 33 in sub – section (2) the proviso shall be
omitted;

(iii) in section 44 sub – section (2) shall be omitted.

45. Amendment of Act 84 of 1971.

45. Amendment of Act 84 of 1971. On and from the appointed day
in the North – Eastern Council Act 1971–

(a) in section 2 for clauses (b) and (c) the following
clause shall be substituted namely:–

‘(b) north – eastern area means the area comprising the
States of Arunachal Pradesh Assam Manipur Meghalaya
Mizoram Nagaland and Tripura.’;

(b) in section 3 in sub – section (1) for clause (b) the
following clause shall be substituted namely:–

(b) the Chief Ministers of the States of Arunachal
Pradesh Assam Manipur Meghalaya Mizoram Nagaland and
Tripura..

46. Continuance of existing laws and their adaptations.

46. Continuance of existing laws and their adaptations. (1) All
laws in force immediately before the appointed day in the existing
Union territory of Arunachal Pradesh shall continue to be in force in
the State of Arunachal Pradesh 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 State of Arunachal Pradesh of any law made before the appointed
day the appropriate Government may within two years from that day
by order make such adaptations and 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 and as respects any other law the Government of
the State of Arunachal Pradesh.

47. Power to construe laws.

47. Power to construe laws. Notwithstanding that no provision or
insufficient provision has been made under section 46 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 State of
Arunachal Pradesh 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.

48. Provisions as to continuance of courts etc.

48. Provisions as to continuance of courts etc. All courts and
tribunals and all authorities discharging lawful functions throughout
the existing Union territory of Arunachal Pradesh 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 Legislature or other competent
authority continue to exercise their respective functions.

49. Effect of provisions of Act inconsistent with other laws.

49. 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.

50. Power to remove difficulties.

50. 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:

Provided that no such order shall be made after the expiry of
three years from the appointed day.

(2) Every order made under this section shall be laid before each
House of Parliament.

51. Power to make rules.

51. 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 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.

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