THE STATE OF ARUNACHAL PRADESH ACT, 1986 
____________ 

ARRANGEMENT OF SECTIONS 
____________ 

PART I 
PRELIMINARY 

SECTIONS 

1.  Short title. 
2.  Definitions. 

PART II 
ESTABLISHMENT OF THE STATE OF ARUNACHAL PRADESH 

3.  Establishment of the State of Arunachal Pradesh. 
4.  [Repealed]. 

PART III 
REPRESENTATION IN THE LEGISLATURES 
The Council of States 

5.  [Repealed]. 
6.  Allocation of sitting member. 
7.  [Repealed]. 

8.  Allocation of seats in the existing House of the People. 
9.  Provision as to sitting members. 

The House of the People 

The Legislative Assembly 

10.  Provision as to Legislative Assembly. 
11.  Provisional Legislative Assembly. 
12.  Speaker and Deputy Speaker. 
13.  Rules of procedure. 

Delimitation of Constituencies 

14.  Delimitation of constituencies. 
15.  Power of Election Commission to maintain delimitation orders up-to-date. 
16.  [Repealed]. 
17.  [Repealed]. 

18.  Common High Court for Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram and 

PART IV 
HIGH COURT 

Arunachal Pradesh. 
19.  Provision as to advocates. 
20.  Practice and procedure in the common High Court. 
21.  Custody of Seal of the common High Court. 
22.  Form of writs and other processes. 

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SECTIONS 

23.  Powers of Judges. 
24.  Principal seat and other places of sitting of the common High Court. 
25.  Procedure as to appeals to Supreme Court. 
26.  Transfer of proceedings from the High Court of Assam, Nagaland, Meghalaya, Manipur, Tripura 

and Mizoram to the common High Court. 

27.  Interpretation. 
28.  Right to appear or to act in proceedings transferred to the common High Court. 
29.  Saving. 

PART V 
AUTHORISATION OF EXPENDITURE AND DISTRIBUTION OF REVENUES 

30.  Authorisation of expenditure pending its sanction by the Legislature. 
31.  Reports relating to the accounts of the existing Union territory of Arunachal Pradesh. 
32.  Allowances and privileges of Governor of Arunachal Pradesh. 
33.  Distribution of revenues. 

34.  Property, assets, rights, liabilities, obligations, etc. 

PART VI 
ASSETS AND LIABILITIES 

PART VII 
PROVISIONS AS TO SERVICES 

35.  Provision relating to All-India Services. 
36.  Provisions relating to other services. 
37.  Other provisions as to services. 
38.  Provisions as to continuance of officers in same posts. 
39.  Advisory Committees. 
40.  Prohibition of representation after certain period. 
41.  Power of Central Government to give direcions. 

PART VIII 
LEGAL AND MISCELLANEOUS PROVISIONS 

42.  [Repealed]. 
43.  [Repealed]. 
44.  [Repealed]. 
45.  [Repealed]. 
46.  Continuance of existing laws and their adaptations. 
47.  Power to construe laws. 
48.  Provisions as to continuance of courts, etc. 
49.  Effect of provisions of Act inconsistent with other laws. 

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SECTIONS 

50.  Power to remove difficulties. 
51.  Power to make rules. 

THE FIRST SCHEDULE [REPEALED]. 
THE SECOND SCHEDULE [REPEALED]. 
THE THIRD SCHEDULE [REPEALED]. 
THE FOURTH SCHEDULE [REPEALED]. 

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THE STATE OF ARUNACHAL PRADESH ACT, 1986 

ACT NO. 69 OF 1986 

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:— 

[24th December, 1986.] 

PART I 

PRELIMINARY 

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

2. Definitions.—In this Act, unless the context otherwise requires,— 

(a) “Administrator” means the Administrator appointed by the President under article 239; 
(b)  “appointed  day1”  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. 

PART II 

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].—Rep.  by  the  Repealing  and  Amending  Act, 

2001 (30 of 2001), s. 2 and the First Schedule (w.e.f. 3-9-2001). 

PART III 

REPRESENTATION IN THE LEGISLATURES 

The Council of States 

5. [Amendment of Fourth Schedule to the Constitution].—Rep. by the Repealing and Amending Act, 

2001 (30 of 2001), s. 2 and the First Schedule (w.e.f. 3-9-2001). 

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 

1. 20th February, 1987, vide notification No. S.O. 74(E), dated 11th February, 1987, see Gazette of India, Extraordinary, Part II, 

sec. 3(ii). 

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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].—Rep. by the Repealing and Amending Act, 2001 

(30 of 2001), s. 2 and the First Schedule (w.e.f. 3-9-2001). 

The 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.—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 

1[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  assembly 
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.—(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 
2[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[(3)  For  so  long  as  the  provisional  Legislative  Assembly  constituted  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  Constitution  and  shall  be  competent  to  discharge  all  the  functions  of  a 
Legislative Assembly of a State under the Constitution; and 

1. Subs. by Act 52 of 1988, s. 2, for section 10 (w.e.f. 27-9-1988). 
2. Subs. by Act 19 of 1987, s. 2, for certain words (w.e.f. 20-2-1987). 
3. Subs. by s. 2, ibid., for sub-section (3) (w.e.f. 20-2-1987). 

5 

 
                                                           
 
(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.—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.—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. 

 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. 

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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].—Rep.  by  the  Repealing  and  Amending  Act,  2001  

(30 of 2001), s. 2 and the First Schedule (w.e.f. 3-9-2001). 

17.  [Amendment  of  Scheduled  Tribes  Orders].—Rep.  by  s.  2  and  the  First  Schedule,  ibid.  

(w.e.f. 3-9-2001). 

PART IV 

HIGH COURT 

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.—(1) On and from the appointed day,— 

(a) in the Advocates Act, 1961 (25 of 1961), in section 3, 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. 

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(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.—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.—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.—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.—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.—(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 Arunachal 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.—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,  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. 

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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  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.—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. 

AUTHORISATION OF EXPENDITURE AND DISTRIBUTION OF REVENUES 

PART V 

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,  after  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 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.—The  allowances  and 
privileges  of  the  Governor  of  Arunachal  Pradesh  shall,  until,  the  Governors  (Emoluments,  Allowances 
and  Privileges)  Act,  1982  (43  of  1982),  comes  into  force,  be  such  as  the  President  may,  by  order, 
determine. 

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 

9 

 
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 VI 

ASSETS AND LIABILITIES 

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 VII 

PROVISIONS AS TO 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: 

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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, 1966, as 
the case may be. 

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.—(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.—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.—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.—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. 

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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 VIII 

LEGAL AND MISCELLANEOUS PROVISIONS 

42.  [Amendment  of  article  210,  article  239A  and  article  240  of  the  Constitution].—Rep.  by  the 

Repealing and Amending Act, 2001 (30 of 2001), s. 2 and the First Schedule (w.e.f. 3-9-2001). 

43. [Amendment of Act 28 of 1958].—Rep. by s. 2 and the First Schedule, ibid. (w.e.f. 3-9-2001). 

44. [Amendment of Act 20 of 1963].—Rep. by s. 2 and the First Schedule, ibid. (w.e.f. 3-9-2001). 

45. [Amendment of Act 84 of 1971].—Rep. by s. 2 and the First Schedule, ibid. (w.e.f. 3-9-2001). 

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.—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.—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.—The provisions of this Act shall have 

effect notwithstanding anything inconsistent therewith contained in any other law. 

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. 

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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. 

[THE FIRST SCHEDULE].—Rep. by the Repealing and Amending Act, 2001 (30 of 2001), s. 2 and 

the First Schedule (w.e.f. 3-9-2001). 

[THE SECOND SCHEDULE].—Rep. by s. 2 and the First Schedule, ibid. (w.e.f. 3-9-2001). 

[THE THIRD SCHEDULE].—Rep. by s. 2 and the First Schedule, ibid. (w.e.f. 3-9-2001). 

[THE FOURTH SCHEDULE].—Rep. by s. 2 and the First Schedule, ibid. (w.e.f. 3-9-2001). 

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