Susant-Achary/constitution-of-india-dataset

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PART IX

THE TERRITORIES IN PART D OF THE FIRST

SCHEDULE AND OTHER TERRITORIES

NOT SPECIFIED IN THAT SCHEDULE

243 Administration of territories specified in PART D
of the First Schedule and other
territories not specified in that Schedule
(1) Any territory specified in Part D of the First
Schedule and any Other territory COm-
prised within the territory of India but
not specified in that Schedule shall be
administered by the President acting, to
such extent as he thinks fit, through a
Chief Commissioner or other authority to be appointed by
him.

(2) The President may make regulations for the peace
and good government of any such territory and any regu-
lations so made may repeal or amend any law made by
Parliament or any existing law which is for the time being
applicable to such territory and, when promulgated by the
President, shall have the same force and effect as an Act
of Parliament which applies to such territory,
PART X
THE SCHEDULED AND TRIBAL AREAS
244. Administration of Scheduled Areas and tribal areas.—(1) The
provisions of the Fifth Schedule shall apply to the administration and control of
the Scheduled Areas and Scheduled Tribes in any State specified in Part A or Part B of the First Schedule other than the States of
Assam.
(2) The provisions of the Sixth Schedule shall apply to the
administration of the tribal areas in the States of Assam.


PART XIII
TRADE, COMMERCE AND INTERCOURSE WITHIN THE
TERRITORY OF INDIA
301. Freedom of trade, commerce and intercourse.—Subject to the
other provisions of this Part, trade, commerce and intercourse throughout the
territory of India shall be free.
302. Power of Parliament to impose restrictions on trade, commerce
and intercourse.—Parliament may by law impose such restrictions on the
freedom of trade, commerce or intercourse between one State and another or
within any part of the territory of India as may be required in the public
interest.
303. Restrictions on the legislative powers of the Union and of the
States with regard to trade and commerce.—(1) Notwithstanding anything
in article 302, neither Parliament nor the Legislature of a State shall have power
to make any law giving, or authorising the giving of, any preference to one
State over another, or making, or authorising the making of, any discrimination
between one State and another, by virtue of any entry relating to trade and
commerce in any of the Lists in the Seventh Schedule.
(2) Nothing in clause (1) shall prevent Parliament from making any law
giving, or authorising the giving of, any preference or making, or authorising
the making of, any discrimination if it is declared by such law that it is
necessary to do so for the purpose of dealing with a situation arising from
scarcity of goods in any part of the territory of India.
304. Restrictions on trade, commerce and intercourse among
States.—Notwithstanding anything in article 301 or article 303, the
Legislature of a State may by law—
(a) impose on goods imported from other States any tax to which similar goods manufactured or produced in
that State are subject, so, however, as not to discriminate between goods
so imported and goods so manufactured or produced; and
(b) impose such reasonable restrictions on the freedom of trade,
commerce or intercourse with or within that State as may be required in
the public interest:
Provided that no Bill or amendment for the purposes of clause (b) shall
be introduced or moved in the Legislature of a State without the previous
sanction of the President.
148

149

THE CONSTITUTION OF INDIA

305. Effect of articles 301 and 303 on existing laws—
Nothing in articles 301 and 303 shall affect the
provisions of any existing law except in
so far as the President may by order
otherwise provide.
306. Power of certain States in Part B of the First Schedule to impose
restrictions on trade and commerce.-
Notwithstanding anything in the foregoing pro-
visions of this Part or in any other pro-
visions of this Constitution, any State
specified in Part B of the First Schedule
which before the commencement of this
Constitution was levying any tax or duty
on the import of goods into the State from other States
or on the export of goods from the State to other States
may, if an agreement in that behalf has been entered into
between the Government of India and the Government of
that State, continue to levy and collect such tax or duty
subject to the terms of such agreement and for such period
not exceeding ten years from the commencement of this
Constitution as may be specified in the agreement :

PART IX

THE TERRITORIES IN PART D OF THE FIRST

SCHEDULE AND OTHER TERRITORIES

NOT SPECIFIED IN THAT SCHEDULE

243 Administration of territories specified in PART D

of the First Schedule and other

territories not specified in that Schedule

(1) Any territory specified in Part D of the First

Schedule and any Other territory COm-

prised within the territory of India but

not specified in that Schedule shall be

administered by the President acting, to

such extent as he thinks fit, through a

Chief Commissioner or other authority to be appointed by

him.

(2) The President may make regulations for the peace

and good government of any such territory and any regu-

lations so made may repeal or amend any law made by

Parliament or any existing law which is for the time being

applicable to such territory and, when promulgated by the

President, shall have the same force and effect as an Act

of Parliament which applies to such territory,

PART X

THE SCHEDULED AND TRIBAL AREAS

244. Administration of Scheduled Areas and tribal areas.—(1) The

provisions of the Fifth Schedule shall apply to the administration and control of

the Scheduled Areas and Scheduled Tribes in any State specified in Part A or Part B of the First Schedule other than the States of

Assam.

(2) The provisions of the Sixth Schedule shall apply to the

administration of the tribal areas in the States of Assam.

PART XIII

TRADE, COMMERCE AND INTERCOURSE WITHIN THE

TERRITORY OF INDIA

301. Freedom of trade, commerce and intercourse.—Subject to the

other provisions of this Part, trade, commerce and intercourse throughout the

territory of India shall be free.

302. Power of Parliament to impose restrictions on trade, commerce

and intercourse.—Parliament may by law impose such restrictions on the

freedom of trade, commerce or intercourse between one State and another or

within any part of the territory of India as may be required in the public

interest.

303. Restrictions on the legislative powers of the Union and of the

States with regard to trade and commerce.—(1) Notwithstanding anything

in article 302, neither Parliament nor the Legislature of a State shall have power

to make any law giving, or authorising the giving of, any preference to one

State over another, or making, or authorising the making of, any discrimination

between one State and another, by virtue of any entry relating to trade and

commerce in any of the Lists in the Seventh Schedule.

(2) Nothing in clause (1) shall prevent Parliament from making any law

giving, or authorising the giving of, any preference or making, or authorising

the making of, any discrimination if it is declared by such law that it is

necessary to do so for the purpose of dealing with a situation arising from

scarcity of goods in any part of the territory of India.

304. Restrictions on trade, commerce and intercourse among

States.—Notwithstanding anything in article 301 or article 303, the

Legislature of a State may by law—

(a) impose on goods imported from other States any tax to which similar goods manufactured or produced in

that State are subject, so, however, as not to discriminate between goods

so imported and goods so manufactured or produced; and

(b) impose such reasonable restrictions on the freedom of trade,

commerce or intercourse with or within that State as may be required in

the public interest:

Provided that no Bill or amendment for the purposes of clause (b) shall

be introduced or moved in the Legislature of a State without the previous

sanction of the President.

148

149

THE CONSTITUTION OF INDIA

305. Effect of articles 301 and 303 on existing laws—

Nothing in articles 301 and 303 shall affect the

provisions of any existing law except in

so far as the President may by order

otherwise provide.

306. Power of certain States in Part B of the First Schedule to impose

restrictions on trade and commerce.-

Notwithstanding anything in the foregoing pro-

visions of this Part or in any other pro-

visions of this Constitution, any State

specified in Part B of the First Schedule

which before the commencement of this

Constitution was levying any tax or duty

on the import of goods into the State from other States

or on the export of goods from the State to other States

may, if an agreement in that behalf has been entered into

between the Government of India and the Government of

that State, continue to levy and collect such tax or duty

subject to the terms of such agreement and for such period

not exceeding ten years from the commencement of this

Constitution as may be specified in the agreement :