Date: 2019-01-09Category: Extra OrdinaryState: Union GovernmentCountry: India
Bills have been introduced in the Rajya Sabha on the 9th January reg. The Constitution Schedule Tribes Order Amendment Act, 2019,The Constitution Schedule Tribes Order Second Amendment Act, 2019.
Executive Summary:
On January 9, 2019, Bills were introduced in the Rajya Sabha to amend the Constitution Scheduled Tribes Order, 1950. The amendments aim to include certain communities in the list of Scheduled Tribes in relation to the State of Assam and to modify the list of Scheduled Tribes in the State of Karnataka. These changes are based on recommendations from the respective state governments.
Key Points / Main Content:
**Assam Scheduled Tribes Amendment:**
* Bill No. III of 2019 amends the Constitution Scheduled Tribes Order, 1950, to include specific communities in the Scheduled Tribes list for Assam.
* The following communities will be inserted after entry 14 in Part II of the Schedule: Chutiya, Matak, Moran, Koch Rajbongshi, Tai Ahom, Mal Paharia, Kawar, Lodha, Baiga, Nagasia, Bhil, Gorait, Halba, Majwar, Dhanwar, Asur, Pradhan, Khond, Korwa, Kherwar, Chero, Koya, Birhor, Parja, Mirdha, Kishan, Chik Baraik, Kol, Saora, Birjia, Damdari, Bonda, Mahli, Shabar, Kharia, Gond, Munda, Oraon, Bedia, Santal, Bhumij.
* The amendment will not entail additional recurring expenditure from the Consolidated Fund of India, as benefits will be provided through existing schemes.
**Karnataka Scheduled Tribes Amendment:**
* Bill No. IV of 2019 modifies the list of Scheduled Tribes in the State of Karnataka.
* Entry 38 is amended to include "Parivara and Talawara" as synonyms of "Naikda, Nayaka."
* Entry 50 is amended to include the Siddi community in Belagavi and Dharwad districts, along with the existing Siddi community in Uttar Kannada district.
* The amendment will not entail additional recurring expenditure from the Consolidated Fund of India, as benefits will be provided through existing schemes.
Impact Analysis:
**Scheduled Tribe Communities in Assam:**
*Impact:* The listed communities will be granted Scheduled Tribe status, making them eligible for benefits and protections under the Constitution.
*Action Required:* These communities may need to apply for and obtain the necessary documentation to prove their status and access benefits.
**Scheduled Tribe Communities in Karnataka (Naikda, Nayaka, Parivara, Talawara, and Siddi communities):**
*Impact:* Parivara and Talawara communities will be recognized as synonyms of Naikda and Nayaka, and the Siddi community in Belagavi and Dharwad districts will be officially included.
*Action Required:* Affected community members may need to update their official records to reflect the changes in their status.
**State Governments of Assam and Karnataka:**
*Impact:* The state governments are responsible for implementing the amended order and ensuring the included communities receive the intended benefits.
*Action Required:* Update official lists and communicate changes to relevant departments and community members.
**Government of India (Relevant Ministries):**
*Impact:* Oversight of the implementation of the amended order.
*Action Required:* Monitor the implementation of the order and ensure the allocation of resources for the welfare of the Scheduled Tribes.
Key Entities Referenced
Constitution Scheduled Tribes Order, 1950: A legal document that specifies the tribes or tribal communities deemed to be Scheduled Tribes in relation to a State or Union territory.
Rajya Sabha: The Upper House of the Parliament of India, where the Bills were introduced.
State of Assam: A state in India to which amendments to the Scheduled Tribes list are proposed in Bill No. III of 2019.
Scheduled Tribes: Specific tribes or tribal communities recognized by the Constitution of India as being eligible for certain protections and benefits.
Parliament: The legislative body of the Republic of India.
State of Karnataka: A state in India to which amendments to the Scheduled Tribes list are proposed in Bill No. IV of 2019.
Constitution Scheduled Tribes Order Amendment Act, 2019: A Bill further to amend the Constitution Scheduled Tribes Order, 1950 to include certain Communities in the list of the Scheduled Tribes in relation to the State of Assam.
Constitution Scheduled Tribes Order Second Amendment Act, 2019: A Bill further to amend the Constitution Scheduled Tribes Order, 1950 to modify the list of the Scheduled Tribes in the State of Karnataka.
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RAJYA SABHA
————
The following Bills have been introduced in the Rajya Sabha on the 9th January,
2019:—
I
BILL NO. III OF 2019
A Bill further to amend the Constitution (Scheduled Tribes) Order, 1950 to include
certain Communities in the list of the Scheduled Tribes in relation to the State of
Assam.
BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:—
1. This Act may be called the Constitution (Scheduled Tribes) Order (Amendment) Short title.
Act, 2019.
2. In the Schedule to the Constitution (Scheduled Tribes) Order, 1950, in PART II. – Amendment
C.O. 22.
Assam, in paragraph II, after entry 14, the following entries shall be inserted, namely :— of
Constitution
“15. Chutiya (Scheduled
Tribes) Order,
16. Matak 1950.
17. Moran
18. Koch Rajbongshi
19. Tai Ahom2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
20. Mal Paharia
21. Kawar
22. Lodha
23. Baiga
24. Nagasia
25. Bhil
26. Gorait
27. Halba
28. Majwar
29. Dhanwar
30. Asur
31. Pradhan
32. Khond
33. Korwa
34. Kherwar
35. Chero
36. Koya
37. Birhor
38. Parja
39. Mirdha
40. Kishan
41. Chik Baraik
42. Kol
43. Saora
44. Birjia
45. Damdari
46. Bonda
47. Mahli
48. Shabar
49. Kharia
50. Gond
51. Munda
52. Oraon
53. Bedia
54. Santal
55. Bhumij”.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 3
STATEMENT OF OBJECTS AND REASONS
Scheduled Tribes have been defined in clause (25) of article 366 of the Constitution as
“such tribes or tribal communities or parts of or groups within such tribes or tribal communities
as are deemed under article 342 to be Scheduled Tribes for the purposes of this Constitution.”.
2. Article 342 of the Constitution provides as under:—
“342. Scheduled Tribes.—(1) The President may with respect to any State or
Union territory, and where it is a State, after consultation with the Governor thereof, by
public notification, specify the tribes or tribal communities or parts of or group within
tribes or tribal communities which shall for the purposes of this Constitution be deemed
to be Scheduled Tribes in relation to that State or Union territory, as the case may be.
(2) Parliament may by law include in or exclude from the list of Scheduled Tribes
specified in a notification issued under clause (1) any tribe or tribal community or part
of or group within any tribe or tribal community, but save as aforesaid a notification
issued under the said clause shall not be varied by any subsequent notification.”.
3. In accordance with the provision of article 342 of the Constitution, the first list of
Scheduled Tribes in respect of State of Assam was notified, vide the Constitution (Scheduled
Tribes) Order, 1950. List of Scheduled Tribes of the State of Assam has been modified
through the Scheduled Castes and Scheduled Tribes Order (Amendment) Act, 1956, the
North Eastern Areas (Reorganisation) Act, 1971, the Scheduled Castes and Scheduled Tribes
Orders (Amendment) Act, 1976, the Scheduled Castes and Scheduled Tribes Orders
(Amendment) Act, 2002 and the Constitution (Scheduled Tribes) Order (Amendment)
Act, 2003.
4. At present, there are seventy-eight numbers of communities and synonyms appearing
in the list of Scheduled Tribes of the State of Assam.
5. On the basis of recommendation of the State of Assam, it has been decided for
inclusion of the following communities in the Schedule to the Constitution (Scheduled Tribes)
Order, 1950, in Part II.— Assam, in paragraph II, after entry 14, namely:—
“15. Chutiya
16. Matak
17. Moran
18. Koch Rajbongshi
19. Tai Ahom
20. Mal Paharia
21. Kawar
22. Lodha
23. Baiga
24. Nagasia
25. Bhil
26. Gorait
27. Halba
28. Majwar
29. Dhanwar
30. Asur
31. Khond
32. Korwa
33. Kherwar
34. Chero4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
35. Koya
36. Birhor
37. Parja
38. Mirdha
39. Kishan
40. Chik Baraik
41. Kol
42. Saora
43. Pradhan
44. Birjia
45. Damdari
46. Bonda
47. Mahli
48. Shabar
49. Kharia
50. Gond
51. Munda
52. Oraon
53. Bedia
54. Santal
55. Bhumij”.
6. Therefore, it is proposed to amend PART-II of the Schedule to the Constitution
(Scheduled Tribes) Order, 1950 relating to the State of Assam to grant Scheduled Tribes
status to the communities mentioned in paragraph 5.
7. The Bill seeks to achieve the aforesaid objects.
JUAL ORAMSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 5
FINANCIAL MEMORANDUM
The Bill seeks to amend the Constitution (Scheduled Tribes) Order, 1950, by amending
the list of Scheduled Tribes of Assam, as under:—
‘‘1. Koch Rajbongshi
2. Tai Ahom
3. Chutiya
4. Matak
5. Moran
6. Mal Paharia Tribes
7. Kawar Tribes
8. Lodha Tribes
9. Baiga Tribes
10. Nagasia Tribes
11. Bhil Tribes
12. Gorait Tribes
13. Halba Tribes
14. Majwar Tribes
15. Dhanwar Tribes
16. Asur Tribes
17. Pradhan Tribes
18. Khond Tribes
19. Korwa Tribes
20. Kherwar Tribes
21. Chero Tribes
22. Koya Tribes
23. Birhor Tribes
24. Parja Tribes
25. Mirdha Tribes
26. Kishan Tribes
27. Chik Baraik Tribes
28. Kol Tribes
29. Saora Tribes
30. Birjia Tribes
31. Damdari Tribes
32. Bonda Tribes
33. Mahil Tribes
34. Shabar Tribes6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
35. Kharia Tribes
36. Gond Tribes
37. Munda Tribes
38. Oraon Tribes
39. Bedia Tribes
40. Santal Tribes
41. Bhumij Tribes’’.
2. The amendment in the list of Scheduled Tribes in respect of State of Assam will
entail no additional recurring expenditure from Consolidated Fund of India on account of
benefits likely to be provided to the persons belonging to aforementioned communities in
State of Assam, out of continuing schemes meant for welfare of Scheduled Tribes. The said
expenditure will be accommodated withtin the Annual Plan and non-Plan outlay of this
Ministry.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 7
II
BILL NO.IV OF 2019
A Bill further to amend the Constitution (Scheduled Tribes) Order, 1950 to modify the list of
the Scheduled Tribes in the State of Karnataka.
BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:—
1. This Act may be called the Constitution (Scheduled Tribes) Order Short title.
(Second Amendment) Act, 2019.
C.O. 22. 2. In the Constitution (Scheduled Tribes) Order, 1950, in the Schedule, in Amendment of
Part VI.—Karnataka,— Constitution
(Scheduled
(a) in entry 38, for the words "Naikda, Nayaka", the words and brackets "Naikda, Tribes) Order,
Nayaka (including Parivara and Talawara)" shall be substituted; 1950.
(b) in entry 50, for the brackets and words "(in Uttar Kannada district)", the
brackets and words "(in Belagavi, Dharwad and Uttar Kannada districts)" shall be
substituted.8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
STATEMENT OF OBJECTS AND REASONS
Scheduled Tribes have been defined in clause (25) of article 366 of the Constitution as
‘‘such tribes or tribal communities or parts of or groups within such tribes or tribal communities
as are deemed under article 342 to be Scheduled Tribes for the purposes of this Constitution.’’.
2. Article 342 of the Constitution provides as under: —
‘‘342. Scheduled Tribes.— (1) The President may with respect to any State or
Union territory, and where it is a State, after consultation with the Governor thereof, by
public notification, specify the tribes or tribal communities or parts of or group within
tribes or tribal communities which shall for the purposes of this Constitution be deemed
to be Scheduled Tribes in relation to that State or Union territory, as the case may be.
(2) Parliament may by law include in or exclude from the list of Scheduled Tribes
specified in a notification issued under clause (1) any tribe or tribal community or part
of or group within any tribe or tribal community, but save as aforesaid a notification
issued under the said clause shall not be varied by any subsequent notification.’’.
3. In accordance with the provision of article 342 of the Constitution, the first list of
Scheduled Tribes in respect of State of Karnataka (the then State of Mysore) was notified,
vide the Constitution (Scheduled Tribes) Order, 1950. List of Scheduled Tribes of State of
Karnataka has been modified through the Scheduled Castes and Scheduled Tribes Order
(Amendment) Act, 1956, the Scheduled Castes and Scheduled Tribes Orders (Amendment)
Act, 1976, the Constitution (Scheduled Tribes) Order (Second Amendment) Act, 1991, the
Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 2002 and the Constitution
(Scheduled Tribes) Order (Amendment) Act, 2012.
4. At present, there are one hundred and six numbers of communities and synonyms
appearing in the list of Scheduled Tribes of the State of Karnataka.
5. On the basis of recommendation of State of Karnataka, it has been decided for
inclusion of communities, namely: (i) ‘‘Parivara” and “Talawara” at entry 38 as synonyms of
“Nayaka” and (ii) ‘‘Siddi’’ community of Dharwad and Belagavi districts alongwith existing
‘Siddi’ Community of Uttar Kannada district at entry 50 in the list of Scheduled Tribes of
the State of Karnataka. Therefore, it is proposed to amend PART-XI of the Schedule to the
Constitution (Scheduled Tribes) Order, 1950 relating to the State of Karnataka to grant
Scheduled Tribes status to the said communities.
6. The Bill seeks to achieve the aforesaid objects.
JUAL ORAMSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 9
FINANCIAL MEMORANDUM
The Bill seeks to amend the Constitution (Scheduled Tribes) Order, 1950, by amending
the list of Scheduled Tribes of the State of Karnataka, as under:—
‘‘Inclusion of communities, namely (i) “Parivara” and “Talawara” at entry 38 as
synonyms of “Nayaka” and (ii) “Siddi” community of Dharwad and Belagavi districts
alongwith existing “Siddi” community of Uttar Kannada district at entry 50 in the list of
Scheduled Tribes of the State of Karnataka”.
2. The amendment in the list of Scheduled Tribes in respect of the State of Karnataka
will entail no additional recurring expenditure from Consolidated Fund of India on account of
benefits likely to be provided to the persons belonging to aforementioned communities in
State of Karnataka, out of continuing schemes meant for welfare of Scheduled Tribes. The
said expenditure will be accommodated within the Annual Plan and non-Plan outlay of this
Ministry.
——————
DESH DEEPAK VERMA,
Secretary-General.
UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110 002
AND PUBLISHED BY THE SECRETARY-GENERAL, RAJYA SABHA, UNDER RULE 68 OF THE RULES OF
PROCEDURE AND CONDUCT OF BUSINESS IN THE RAJYA SABHA.
MGIPMRND—3205GI(S3)—11-01-2019.