CENTRAL LAWS (EXTENSION TO ARUNACHAL PRADESH) ACT, 1993

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The State of Arunachal Pradesh is positioned in the Northeastern part of India and nearly all of the people are natives of Tibet and Burma and also include migrants from many parts of India. Arunachal Pradesh was recognized as a State in 1987 by amending the Constitution. According to the provisions of the Constitution, there should be at least thirty members in the Legislative Assembly of Arunachal Pradesh.

The Constitution of India under Article 371HF confers the Governor of the State of Arunachal Pradesh with particular duty with a view to maintain law and order of the state and discharge the functions accordingly. In order to implement the powers entrusted under the Constitution, the Governor shall discuss with the Council of Ministers, but can reach individual conclusion. In this connection the authority of the Governor to act under his discretion is indisputable and the decision of the Governor shall be absolute. The validity of his assessment cannot be questioned on the ground that he was not under an authority to act accordingly. The President can cease the authority of the Governor to act in his individual capacity if the Governor furnishes a report that there is no such state of affairs to have particular duty for maintaining law and order of Arunachal Pradesh.

The Central Government has also enacted a brief legislation with five sections and a Schedule concerning the State of Arunachal Pradesh. The Central Laws (Extension to Arunachal Pradesh) Act was passed by the Parliament in 1993. The main purpose of the legislation is to expand the scope and ambit of a few Acts passed by the Parliament to Arunachal Pradesh.

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The Act declares the extension and application of various Acts mentioned in the Schedule and the rules, regulations, guidelines and policies formulated by the Centre to the State of Arunachal Pradesh. Occasionally, the extended Acts will refer to certain Acts which does not subsist in the State of Arunachal Pradesh. At this point, such indication can be considered as a reference to the analogous law prevalent in Arunachal Pradesh. In addition, the existing laws in the State of Arunachal Pradesh may contain an indication regarding the powers and functions of an expert authority and the duties to be discharged by him. When the new extended law comes into play, the authorities under the other laws shall be deemed as an addition of the new Authority formed under the extended Acts.

The Act confers power on the Central Government to take appropriate measures to remove the existing difficulties or complexities that may arise in future for the application of the extended Acts in the State of Arunachal Pradesh. This can be done by the Central Government by publishing a notification in the Gazette of India. The notification so published shall stipulate the subsequent authority mentioned under the provisions of the Act. An order can be made by the Central Government to transfer any case in consideration before an adjudicatory body or authority to a subsequent court, committee or authority for disposing such case. Such an order shall be made before the completion of two years from the application of the present Act in the State of Arunachal Pradesh. The orders made by the Central Government shall be placed before the Parliament and should obtain its approval.

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Hence, the present Act stipulates to extend the applicability of few Acts and regulations to the State of Arunachal Pradesh with an intention to associate the State with that of other states in India. The Central Government presumes that where certain legislations are expanded to Arunachal Pradesh, the rights and duties of a class of persons can be protected. The extended acts are mentioned under the Schedule to the Act of 1993.