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Date: 2022-12-09 Category: Extra Ordinary State: Union Government Country: India

The Constitution Scheduled Tribes Order Amendment Bills 2022

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Okay, I will analyze the provided policy text and generate the requested report. **Report: Analysis of Amendments to the Constitution Scheduled Tribes Order, 1950** **1. Executive Summary:** This report analyzes four amendment bills (Bill Nos. 217, 218, 219, and 220 of 2022) to the Constitution Scheduled Tribes Order, 1950. These bills aim to modify the lists of Scheduled Tribes for the states of Tamil Nadu, Himachal Pradesh, Karnataka and Chhattisgarh. The core purpose is to include or modify entries of specific communities within these lists, based on recommendations from the respective state governments. This report details the specific changes introduced by each amendment, their likely rationale, and potential impacts on the identified communities and stakeholders. **2. Introduction:** The purpose of this report is to provide an informative analysis of four amendment bills (Bill Nos. 217, 218, 219, and 220 of 2022) to the Constitution Scheduled Tribes Order, 1950, based solely on the information contained within the provided policy text. The report will outline the changes introduced by each amendment, the rationale behind them, and their expected impact. **3. Policy Overview:** * **Original Policy:** The Constitution Scheduled Tribes Order, 1950 (C.O. 22). * **Core Objective(s):** The core objective of the original policy, as inferred from the provided text, is to specify the tribes or tribal communities or parts of or groups 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. The amendments aim to update and modify these lists to reflect current realities and recommendations from state governments. **4. Background and Rationale:** The rationale for these amendments stems from requests by the respective State Governments (Tamil Nadu, Himachal Pradesh, Karnataka and Chhattisgarh) to modify their Scheduled Tribes lists. The amendments are based on recommendations from these states, and after consultation with the Registrar General of India and the National Commission for Scheduled Tribes. The text suggests that these modifications are intended to ensure accurate and inclusive representation of tribal communities within the Scheduled Tribes lists, aligning the lists with on-the-ground realities and state-level assessments. **5. Key Provisions / Changes:** This section details the changes introduced by each of the four amendment bills. * **Bill No. 217 of 2022 (Tamil Nadu):** * **Specific Part Changed:** Part XIV of the Schedule to the Constitution Scheduled Tribes Order, 1950, relating to Tamil Nadu. * **New Rule/Provision:** Insertion of the following entry after entry 36: "37. Narikoravan, Kurivikkaran." * **Difference/Effect:** This change adds the Narikoravan and Kurivikkaran communities to the list of Scheduled Tribes in Tamil Nadu. This makes these communities eligible for benefits and protections afforded to Scheduled Tribes under the Constitution. * **Bill No. 218 of 2022 (Himachal Pradesh):** * **Specific Part Changed:** Part V of the Schedule to the Constitution Scheduled Tribes Order, 1950, relating to Himachal Pradesh. * **New Rule/Provision:** Insertion of the following entry after entry 10: "11. Hattee of Trans Giri area of Sirmour district." * **Difference/Effect:** This change adds the Hattee community of Trans Giri area of Sirmour district to the list of Scheduled Tribes in Himachal Pradesh. This makes the community eligible for benefits and protections afforded to Scheduled Tribes under the Constitution. * **Bill No. 219 of 2022 (Karnataka):** * **Specific Part Changed:** Part VI of the Schedule to the Constitution Scheduled Tribes Order, 1950, relating to Karnataka. * **New Rule/Provision:** Substitution of entry 16 with: "16. Kadu Kuruba, BettaKuruba." * **Difference/Effect:** This change includes the BettaKuruba community as a synonym of Kadu Kuruba in the list of Scheduled Tribes of Karnataka, meaning both names now refer to the same Scheduled Tribe. * **Bill No. 220 of 2022 (Chhattisgarh):** * **Specific Part Changed:** PART XX.Chhattisgarh of the Constitution Scheduled Tribes Order, 1950 * **New Rule/Provision:** Several changes: * i for entry 5, the following entry shall be substituted, namely: 5. Bharia Bhumia, Bhuinhar Bhumia, Bhumiya, Bharia, Bhuinya, Bhuiyan, Tribes Bhuyan, Paliha, Pando; * ii in entry 14, after "Dhanwar", insert ", Dhanuhar, Dhanuwar"; * iii for entry 15, as amended by the Fourth Schedule to the Madhya Pradesh Reorganisation Act, 2000, as appearing in the Hindi version of the said Act, the following 28 of 2000. shall be substituted, namely: "15. Gadaba, Gadba"; * iv for entry 16, as amended by the Fourth Schedule to the Madhya Pradesh Reorganisation Act, 2000, as appearing in the Hindi version of the said Act, the following 28 of 2000. shall be substituted, namely: "16. Gond, Arakh, Arrakh, Agaria, Asur, Abujh Maria, Badi Maria, Bada Maria, Bhatola, Bhimma, Bhuta, Koilabhuta, Koliabhuti, Bhar, Bisonhorn Maria, Chota Maria, Dandami Maria, Dhuru, Dhurwa, Dhoba, Dhulia, Dorla, Gaiki, Gatta, Gatti, Gaita, Gond Gowari, Hill Maria, Kandra, Kalanga, Khatola, Koitar, Koya, Khirwar, Khirwara, Kucha Maria, Kuchaki Maria, Madia, Maria, Mana, Mannewar, Moghya, Mogia, Monghya, Mudia, Muria, Nagarchi, Nagwanshi, Ojha, Raj, Sonjhari, Jhareka, Thatia, Thotya, Wade Maria, Vade Maria, Daroi"; * v in entry 23, for "Kondh", substitute "Kond, Kondh"; * vi for entry 27, as amended by the Fourth Schedule to the Madhya Pradesh Reorganisation Act, 2000, as appearing in the Hindi version of the said Act, for 28 of 2000. "Kodaku", substitute "Kodaku"; * vii in entry 32, after "Nagasia", insert ", Kisan"; * viii for entry 33, as amended by the Fourth Schedule to the Madhya Pradesh Reorganisation Act, 2000, as appearing in the Hindi version of the said Act, the following 28 of 2000. shall be substituted, namely: "33. Oraon, Dhanka, Dhangad"; * ix in entry 41, after "Sawara", insert ", Saunra, Saonra"; * x after entry 42, the following entry shall be inserted, namely: "43. Binjhia". * **Difference/Effect:** This change includes Bhuinya, Bhuiyan and Bhuyan communities as synonyms of Bharia Bhumia; ii Bharia in the Hindi version; and iii three Devanagari versions of Pando community, in entry 5; includes Dhanuhar and Dhanuwar communities in entry 14; substitutes entries 15, 16, 27 and 33 as appearing in Hindi version of the Madhya Pradesh Reorganisation Act, 2000; substitutes Kond, Kondh for Kondh in entry 23; includes Kisan community in entry 32; includes Saunra and Saonra communities in entry 41; includes Binjhia community in new entry 43. **6. Target Audience and Stakeholders:** The primary target audience and stakeholders are the members of the Narikoravan, Kurivikkaran, Hattee, BettaKuruba, Kadu Kuruba and others communities listed in Chattisgarh and residing in the respective states (Tamil Nadu, Himachal Pradesh, Karnataka and Chhattisgarh). Other stakeholders include the state governments of these states, the Registrar General of India, the National Commission for Scheduled Tribes, and any organizations involved in the welfare and development of Scheduled Tribes. **7. Implementation Aspects (Inferred):** * **Responsible Agency/Bodies:** The provided text indicates the involvement of the Parliament, the President, the Governor of the respective states (in consultation), the Registrar General of India, and the National Commission for Scheduled Tribes. The actual implementation would likely fall under the purview of the respective State Governments and their tribal welfare departments. * **Timelines/Procedures:** The text does not specify any explicit timelines or procedures for implementation *beyond* the enactment of the amendment bills. **8. Expected Outcomes / Impact of Changes:** The intended outcome of these amendments is to extend the benefits and protections afforded to Scheduled Tribes under the Constitution to the newly included communities or to clarify existing entries. This would likely include access to reserved seats in education and employment, as well as benefits under various government schemes designed for the welfare of Scheduled Tribes. The impact on the communities is expected to be positive, leading to improved socio-economic conditions and greater inclusion in society. **9. Conclusion:** The four amendment bills (Bill Nos. 217, 218, 219, and 220 of 2022) represent a significant step towards ensuring accurate and inclusive representation of tribal communities within the Scheduled Tribes lists of Tamil Nadu, Himachal Pradesh, Karnataka and Chhattisgarh. By adding the Narikoravan, Kurivikkaran and Hattee communities to the lists, clarifying the inclusion of BettaKuruba as a synonym for Kadu Kuruba, and updating the Chattisgarh list, these amendments are likely to have a positive impact on the lives of the communities concerned, facilitating their access to essential resources and opportunities. The amendments highlight the ongoing efforts to refine and update the Scheduled Tribes lists to reflect the evolving needs and circumstances of tribal communities in India.

Key Entities Referenced

Constitution Scheduled Tribes Order, 1950: A key legal document that lists Scheduled Tribes in India, frequently amended by the bills discussed in the document. Scheduled Tribes: Refers to specific tribes or tribal communities that are officially recognized by the Constitution of India for specific protections and benefits. Tamil Nadu: A state in India, where the bill proposes to modify the list of Scheduled Tribes by including Narikoravan and Kurivikkaran communities. Narikoravan: A community in Tamil Nadu proposed for inclusion in the list of Scheduled Tribes. Kurivikkaran: A community in Tamil Nadu proposed for inclusion in the list of Scheduled Tribes. Himachal Pradesh: A state in India where the bill proposes to include certain communities in the list of Scheduled Tribes. Hattee: A community of Trans Giri area of Sirmour district in Himachal Pradesh proposed for inclusion in the list of Scheduled Tribes. Sirmour district: A district in Himachal Pradesh where the Hattee community resides. Karnataka: A state in India where the bill proposes to modify the list of Scheduled Tribes. Kadu Kuruba: A community in Karnataka, already listed as a Scheduled Tribe. BettaKuruba: A community in Karnataka proposed as a synonym of Kadu Kuruba in the list of Scheduled Tribes. Chhattisgarh: A state in India where the bill proposes to modify the list of Scheduled Tribes by including certain communities. Bharia Bhumia: A community in Chhattisgarh, the bill proposes to include Bhuinya, Bhuiyan and Bhuyan communities as synonyms Dhanwar: A community in Chhattisgarh, the bill proposes to include Dhanuhar and Dhanuwar communities as synonyms Gadaba: A community in Chhattisgarh, the bill proposes to substitute entries 15 Gond: A community in Chhattisgarh, the bill proposes to substitute entries 16 Kondh: A community in Chhattisgarh, the bill proposes to substitute Kond, Kondh for Kondh in entry 23 Kodaku: A community in Chhattisgarh, the bill proposes to substitute entries 27 Nagasia: A community in Chhattisgarh, the bill proposes to include Kisan community in entry 32 Oraon: A community in Chhattisgarh, the bill proposes to substitute entries 33 Sawara: A community in Chhattisgarh, the bill proposes to include Saunra and Saonra communities in entry 41 Binjhia: A community in Chhattisgarh, the bill proposes to include Binjhia community in new entry 43 Arjun Munda: Likely a government official or minister involved in the proposal of these bills. Parliament: The legislative body responsible for enacting the bills mentioned. National Commission for Scheduled Tribes: An organization consulted for the modification of list of Scheduled Tribes Registrar General of India: An organization consulted for the modification of list of Scheduled Tribes
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jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—22 REGISTERED NO. DL—(N)04/0007/2003—22 सी.जी.-डxी.xएxलG.-अID.-H14x1x2x2022-241070 CG-xDxLx-GE-I1D41E2x20x2x2-241070 vlk/kkj.k EXTRAORDINARY Hkkx II — [k.M 2 PART II—Section 2 izkf/kdkj ls izdkf'kr PUBLISHED BY AUTHORITY lañ 23] ubZ fnYyh] 'kqØokj] fnlEcj 09] 2022@vxzgk;.k 18] 1944 ¼'kd½ No. 23] NEW DELHI, FRIDAY, DECEMBER 09, 2022/AGRAHAYANA 18, 1944 (SAKA) bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA Separate paging is given to this Part in order that it may be filed as a separate compilation. LOK SABHA ———— The following Bills were introduced in Lok Sabha on 9th December, 2022:— BILL NO. 217 OF 2022 A Bill further to amend the Constitution (Scheduled Tribes) Order, 1950 to modify the list of Scheduled Tribes in the State of Tamil Nadu. BE it enacted by Parliament in the Seventy-third Year of the Republic of India as follows:— 1. This Act may be called the Constitution (Scheduled Tribes) Order (Second Short title. Amendment) Act, 2022. C.O. 22. 2. In the Constitution (Scheduled Tribes) Order, 1950, in the Schedule, in Part XIV.— Amendment of Tamil Nadu, after entry 36, the following entry shall be inserted, namely:— Constitution (Scheduled "37. Narikoravan, Kurivikkaran.". Tribes) Order, 1950.2 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 the 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 groups 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 said Constitutional provisions, the first list of Scheduled Tribes was notified in respect of various States and Union territories vide the Constitution (Scheduled Tribes) Order, 1950. Subsequently, the list of Scheduled Tribes in respect of the State of Tamil Nadu was amended vide the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 2002. 4. The Government of Tamil Nadu has requested to include Narikoravan along with Kurivikkaran communities in the list of Scheduled Tribes in respect of the State of Tamil Nadu. On the basis of the recommendation of the State of Tamil Nadu and after consultation with the Registrar General of India and the National Commission for Scheduled Tribes, it is proposed to amend Part XIV of the Schedule to the Constitution (Scheduled Tribes) Order, 1950. 5. Accordingly, the Constitution (Scheduled Tribes) Order (Second Amendment) Bill, 2022 proposes to insert entry "37. Narikoravan, Kurivikkaran" in Part XIV of the Schedule to the Constitution (Scheduled Tribes) Order, 1950 in respect of the State of Tamil Nadu. 6. The Bill seeks to achieve the aforesaid objects. NEW DELHI; ARJUN MUNDA. The 17th November, 2022.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 3 FINANCIAL MEMORANDUM The Bill seeks to amend the Constitution (Scheduled Tribes) Order, 1950 for inclusion of entry "37. Narikoravan, Kurivikkaran" in Part XIV of the Schedule to the Constitution (Scheduled Tribes) Order, 1950 in respect of the State of Tamil Nadu. The amendment in the list of Scheduled Tribes in respect of the State of Tamil Nadu may entail additional expenditure on account of benefits to be provided to persons belonging to the said communities proposed in the Bill under the continuing schemes meant for the welfare of the Scheduled Tribes. 2. It is not possible to estimate the likely additional expenditure to be incurred on this account at this stage. However, the expenditure, if any, will be accommodated within the approved budgetary outlay of the Government.4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 218 OF 2022 A Bill further to amend the Constitution (Scheduled Tribes) Order, 1950 to provide for inclusion of certain communities in the list of Scheduled Tribes in relation to the State of Himachal Pradesh. BE it enacted by Parliament in the Seventy-third Year of the Republic of India as follows:— Short title. 1. This Act may be called the Constitution (Scheduled Tribes) Order (Third Amend- ment) Act, 2022. Amendment 2. In the Schedule to the Constitution (Scheduled Tribes) Order, 1950, in Part V.— C.O. 22. of Himachal Pradesh, after entry 10, the following entry shall be inserted, namely:— Constitution (Scheduled “11. Hattee of Trans Giri area of Sirmour district.”. Tribes) Order, 1950.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 5 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 groups 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. According to the provisions of article 342 of the Constitution, the first list of the Scheduled Tribes was notified during the year 1950 in respect of various States and Union territories, vide the Constitution (Scheduled Tribes) Order, 1950. This list was modified from time to time. List of Scheduled Tribes of the State of Himachal Pradesh has been modified, vide the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 2002 (10 of 2003). The State Government of Himachal Pradesh has requested to include Hattee community of Trans Giri area of Sirmour district in Scheduled Tribes list, excluding those communities which are already notified as Scheduled Castes for the State of Himachal Pradesh. 4. On the basis of recommendation of the State Government of Himachal Pradesh, it is proposed to modify the list of Scheduled Tribes in respect of State of Himachal Pradesh by amending the Constitution (Scheduled Tribes) Order, 1950. 5. The Constitution (Scheduled Tribes) Order (Third Amendment) Bill, 2022 proposes to amend Part V.—Himachal Pradesh of the Schedule to the Constitution (Scheduled Tribes) Order, 1950 to insert "Hattee of Trans Giri area of Sirmour district" in the list of Scheduled Tribes after entry 10. 6. The Bill seeks to achieve the aforesaid objects. NEW DELHI; ARJUN MUNDA. The 9th November, 2022.6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM The Bill seeks to amend the Constitution (Scheduled Tribes) Order, 1950, by amending the list of Scheduled Tribes in the State of Himachal Pradesh. The amendment in the list of Scheduled Tribes relating to the State of Himachal Pradesh may entail additional expenditure on account of benefits to be provided to the persons belonging to the communities proposed in the Bill under the continuing schemes meant for the welfare of the Scheduled Tribes. 2. It is not possible to estimate the likely additional expenditure to be incurred on this account at this stage. However, the expenditure, if any, shall be accommodated within the approved budgetary outlay of the Government.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 7 BILL NO. 219 OF 2022 A Bill further to amend the Constitution (Scheduled Tribes) Order, 1950 to modify the list of Scheduled Tribes in relation to the State of Karnataka. BE it enacted by Parliament in the Seventy-third Year of the Republic of India as follows:— 1. This Act may be called the Constitution (Scheduled Tribes) Order (Fourth Short title. Amendment) Act, 2022. C.O. 22. 2. In the Schedule to the Constitution (Scheduled Tribes) Order, 1950, in PART VI.— Amendment Karnataka, for entry 16, the following entry shall be substituted, namely:— of Constitution “16. Kadu Kuruba, Betta-Kuruba”. (Scheduled Tribes) Order, 1950.8 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 groups 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. According to the provisions of article 342 of the Constitution, the first list of the Scheduled Tribes was notified during the year 1950 in respect of various States and Union territories, vide the Constitution (Scheduled Tribes) Order, 1950. This list was modified from time to time. List of Scheduled Tribes of the State of Karnataka has been modified, vide the Constitution (Scheduled Tribes) Order (Amendment) Act, 2020 (4 of 2020). The State Government of Karnataka has requested to include “Betta-Kuruba” community as synonym of “Kadu Kuruba” in entry 16 in the list of Scheduled Tribes of Karnataka. 4. On the basis of recommendation of the State Government of Karnataka, it is proposed to modify the list of Scheduled Tribes in respect of State of Karnataka by amending the Constitution (Scheduled Tribes) Order, 1950. 5. The Constitution (Scheduled Tribes) Order (Fourth Amendment) Bill, 2022 proposes to amend Part VI.—Karnataka of the Schedule to the Constitution (Scheduled Tribes) Order, 1950 by substituting entry 16 to include “Betta-Kuruba” alongwith “Kadu Kuruba”. 6. The Bill seeks to achieve the aforesaid objects. NEW DELHI; ARJUN MUNDA. The 18th November, 2022.SEC. 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 in the State of Karnataka. The amendment in the list of Scheduled Tribes relating to the State of Karnataka may entail additional expenditure on account of benefits to be provided to the persons belonging to the communities proposed in the Bill under the continuing schemes meant for the welfare of the Scheduled Tribes. 2. It is not possible to estimate the likely additional expenditure to be incurred on this account at this stage. However, the expenditure, if any, shall be accommodated within the approved budgetary outlay of the Government.10 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— ANNEXURE EXTRACT FROM THE CONSTITUTION (SCHEDULED TRIBES) ORDER, 1950 (C.O. 22) * * * * * THE SCHEDULE * * * * * PART VI.—Karnataka * * * * * 16. Kadu Kuruba * * * * *SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 11 BILL NO. 220 OF 2022 A Bill further to amend the Constitution (Scheduled Tribes) Order, 1950 for inclusion of certain communities in the list of Scheduled Tribes in relation to the State of Chhattisgarh. BE it enacted by Parliament in the Seventy-third Year of the Republic of India as follows:— 1. This Act may be called the Constitution (Scheduled Tribes) Order (Fifth Amendment) Short title. Act, 2022. C.O. 22. 2. In the Schedule to the Constitution (Scheduled Tribes) Order, 1950, in Amendment PART XX.—Chhattisgarh,— of Part XX of (i) for entry 5, the following entry shall be substituted, namely:— Constitution (Scheduled “5. Bharia Bhumia, Bhuinhar Bhumia, Bhumiya, Bharia, Bhuinya, Bhuiyan, Tribes) Bhuyan, Paliha, Pando”; Order, 1950.12 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (ii) in entry 14, after "Dhanwar", insert ", Dhanuhar, Dhanuwar"; (iii) for entry 15, as amended by the Fourth Schedule to the Madhya Pradesh Reorganisation Act, 2000, as appearing in the Hindi version of the said Act, the following 28 of 2000. shall be substituted, namely:— "15. Gadaba, Gadba"; (iv) for entry 16, as amended by the Fourth Schedule to the Madhya Pradesh Reorganisation Act, 2000, as appearing in the Hindi version of the said Act, the following 28 of 2000. shall be substituted, namely:— "16. Gond, Arakh, Arrakh, Agaria, Asur, Abujh Maria, Badi Maria, Bada Maria, Bhatola, Bhimma, Bhuta, Koilabhuta, Koliabhuti, Bhar, Bisonhorn Maria, Chota Maria, Dandami Maria, Dhuru, Dhurwa, Dhoba, Dhulia, Dorla, Gaiki, Gatta, Gatti, Gaita, Gond Gowari, Hill Maria, Kandra, Kalanga, Khatola, Koitar, Koya, Khirwar, Khirwara, Kucha Maria, Kuchaki Maria, Madia, Maria, Mana, Mannewar, Moghya, Mogia, Monghya, Mudia, Muria, Nagarchi, Nagwanshi, Ojha, Raj, Sonjhari, Jhareka, Thatia, Thotya, Wade Maria, Vade Maria, Daroi"; (v) in entry 23, for "Kondh", substitute "Kond, Kondh"; (vi) for entry 27, as amended by the Fourth Schedule to the Madhya Pradesh Reorganisation Act, 2000, as appearing in the Hindi version of the said Act, for 28 of 2000. "Kodaku", substitute "Kodaku"; (vii) in entry 32, after "Nagasia", insert ", Kisan"; (viii) for entry 33, as amended by the Fourth Schedule to the Madhya Pradesh Reorganisation Act, 2000, as appearing in the Hindi version of the said Act, the following 28 of 2000. shall be substituted, namely:— "33. Oraon, Dhanka, Dhangad"; (ix) in entry 41, after "Sawara", insert ", Saunra, Saonra"; (x) after entry 42, the following entry shall be inserted, namely:— "43. Binjhia".SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 13 STATEMENT OF OBJECTS AND REASONS The 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 Tribe.—(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 groups 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. According to the provisions of article 342 of the Constitution, the first list of the Scheduled Tribes was notified on 6th September, 1950 in respect of various States and Union territories, vide the Constitution (Scheduled Tribes) Order, 1950. This list was modified from time to time. The State Government of Chhattisgarh has recommended to modify the list of the Scheduled Tribes to amend the Constitution (Scheduled Tribes) Order, 1950. 4. Accordingly, the list of the Scheduled Tribes is proposed to be modified in respect of the State of Chhattisgarh, after consultation with the Registrar General of India and the National Commission for the Scheduled Tribes. 5. The Constitution (Scheduled Tribes) Order (Fifth Amendment) Bill, 2022, inter alia proposes— (a) to include— (i) Bhuinya, Bhuiyan and Bhuyan communities as synonyms of Bharia Bhumia; (ii) Bharia in the Hindi version; and (iii) three Devanagari versions of Pando community, in entry 5; (b) to include Dhanuhar and Dhanuwar communities in entry 14; (c) to substitute entries 15, 16, 27 and 33 as appearing in Hindi version of the Madhya Pradesh Reorganisation Act, 2000; (d) to substitute Kond, Kondh for Kondh in entry 23; (e) to include Kisan community in entry 32; (f) to include Saunra and Saonra communities in entry 41; (g) to include Binjhia community in new entry 43. 6. The Bill seeks to achieve the above objectives. NEW DELHI; ARJUN MUNDA. The 23rd November, 2022.14 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 2 of the Bill seeks to include certain communities as well as addition of synonyms of communities in the existing lists of Scheduled Tribes. This may entail additional expenditures on account of benefits to be provided to the persons belonging to such communities, under the continuing schemes meant for the welfare of the Scheduled Tribes. 2. It is not possible to estimate the likely additional expenditures to be incurred on this account at this stage. However, the expenditure, if any, shall be accommodated within the approved budgetary outlay of the Government.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 15 ANNEXURE EXTRACT FROM THE CONSTITUTION (SCHEDULED TRIBES) ORDER, 1950 C.O. 22 * * * * * THE SCHEDULE * * * * * PART XX.—Chhattisgarh * * * * * 5. Bharia Bhumia, Bhuinhar Bhumia, Bhumiya, Bharia, Paliha, Pando * * * * * 14. Dhanwar 15. Gadaba, Gadba 16. Gond, Arakh, Arrakh, Agaria, Asur, Badi Maria, Bada Maria, Bhatola, Bimma, Bhuta, Koilabhuta, Kolibhuti, Bhar, Bisonhorn Maria, Chota Maria, Dandami Maria, Dhuru, Dhurwa, Dhoba, Dhulia, Dorla, Gaiki, Gatta, Gatti, Gaita, Gond, Gowari Hill Maria, Kandra, Kalanga, Hatola, Koitar, Koya, Khirwar, Hirwara, Kucha Maria, Kuchaki Maria, Madia, Maria, Mana, Mannewar, Moghya, Mogia, Minghya, Mudia, Muria, Nagarchi, Nagwanshi, Ojha, Raj Gond, Sonjhari, Jhareka, Thatia, Thotya, Wade Maria, Vade Maria, Daroi * * * * * 23. Kondh, Khond, Kandh * * * * * 27. Korwa, Kodaku * * * * * 32. Nagesia, Nagasia 33. Oraon, Dhanka, Dhangad * * * * * 41. Sawar, Sawara 42. Sonr. * * * * * UTPAL KUMAR SINGH Secretary General UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002 AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054. MGIPMRND—1709GI(S3)—14-12-2022.

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