- (1.) C.A.No.3140 of 1980. This appeal by certificate granted by the High Court of Gauhati arises from its judgment dated September 19,1979, in Civil Rule No.82/73. The respondent-Shillong City Bus Syndicate filed the writ petition questioning the memo issued by the appellant on October 26,1972, under Section 7A of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (for short, the 'Act') alleging non-payment of employees' Provident Fund Contribution for period from January to September 1972. The principal contention raised by the respondent was that the operation of the transport service was within Khasi Hills District defined in paragraph 1 of Sixth Schedule to the Constitution as autonomous District by operation of proviso to sub-paragraph (2) of paragraph 20. Although, it has been stated that no part of the area comprised within the municipality of Shillong shall be deemed to be within the Khasi Hills District for certain purposes mentioned there in, since their base is to ply their buses beyond Shillong Municipality, the Act is not applicable to the autonomous District of Khasi Hills. The notice, therefore, is without authority of law and jurisdiction. The matter was referred to a larger Bench of five learned Judges. By judgment and order dated September 19,1979, per majority of four learned Judges, though for different reasons, the Court had held that the Act does not apply to the Khasi Hills autonomous District; the dissenting learned Judge had held that the Act would apply. Accordingly, writ was issued. It was held that the Act being not in force in that area the notice was without jurisdiction. Thus, this appeal by special leave.
(2.) Shri P.A.Chowdhary, learned senior counsel for the appellant, contended that the Fifth and Sixth Schedules to the Constitution have been incorporated to protect the autonomy of the tribals and to evolve a separate scheme for the administration of tribal areas covered thereunder. The District or Regional Councils have been constituted therein with a view to vest in them the legislative power on specified subjects allotted in relevant paragraphs of the Schedules with a power of taxation and setting up of administration and system of justice to maintain administration and welfare services in respect of the subjects enumerated in the respective paragraphs. Article 245 of the Constitution empowers the Parliament and the Legislatures of the States, subject to the provisions of the Constitution, to make laws for the whole or any part of the territory of India. The Act was made to implement welfare schemes to provide medical facilities and health care to the workmen of the industries or establishments covered or notified under the Act. On constitution of the autonomous District or Regional Council, by operation of Paragraph 12-1 (b) in relation to State of Assam and paragraph 12-A (b) in relation to Meghalaya, all the Acts of Parliament shall apply to the notified autonomous District, unless the Governor or the President, as the case may be, by notification directs that the particular Act of Parliament shall not apply to an autonomous District or an autonomous Region or a part thereof in the respective States or shall apply to such District or Region or any part thereof subject to such exceptions or modifications as may be specified in that behalf in the notification. Autonomous District Council was constituted w.e.f. June 27,1952, proprio vigore, the Act stands applicable to the Khasi Hills autonomous District. The notice issued by the appellant calling upon the respondents to contribute the arrears of the amount to the fund is valid in law. Shri D.P.Mukherjee, learned counsel for the respondents, contended that the Constitution intended to protect the autonomy of the administration, operation of law and administration of justice in the autonomous District or Region suited to their environment to the exclusion of any law made by the Parliament or the State Legislature unless the Governor or the President, as the case may be, by a public notification, makes the Act applicable with or without such modifications or exceptions in relation to the autonomous District or Regions as may be specified in the notification. The Act was not made applicable by the President in relation to Khasi Hills autonomous District by a public notification.
(3.) The object of the Schedule is to preserve the autonomy of the tribals and groups of tribals in the autonomous District by automatic application of Acts of Parliament or State Legislature. The Constitution, therefore, envisaged, with a non obstante clause engrafted in paragraphs 5 and 6 respectively, to preserve the autonomy of the tribals. By operation of the non obstante clause, the provisions in the Schedules would operate exclusively in that area. By necessay implication, the operation of Acts of Parliament or State Legislatures as covered under the Schedule, did not automatically apply. The view of the majority of the learned Judges, therefore, is correct in law.;