Fifth Schedule - Page 978

DRAFT CONSTITUTION 945

up with the authority which gave the mandate, it was absolutely clear that the two amendments went together. We wanted this tax to remain a Central tax and not a Central as well as a provincial tax.

The Honourable Dr. B. R. Ambedkar : It is not right to refer here to matters discussed elsewhere. But, as I said, I am quite prepared to abide by that mandate. The other matter was brought in surreptitiously by our friends after they heard what I said in another place as to what a mess they had made by bringing in this amendment.

Shri Ramnath Goenka : As Dr. Ambedkar suggests that we have made a mess we want a way out of the mess.

(Interruption)

Mr. President : I find there is a much feeling in the matter. So we had better take it up on some other day when the feelings are a bit cooler....

F IFTH S CHEDULE

*Mr. President : We will take up the Fifth Schedule.

The Honourable Dr. B. R. Ambedkar : (Bombay : General): Sir, I move:

That for the Fifth Schedule, the following Schedule be substituted :—

FIFTH SCHEDULE

[Article 215-A(a) and 215-B(1)]

PROVISIONS AS TO THE ADMINISTRATION AND CONTROL OF SCHEDULED AREAS AND SCHEDULED TRIBES

PART I

G ENERAL

  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.

*CAD, Vol. IX, 5th September 1949, pp. 965-967.