Administration of Scheduled areas and Tribal areas

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  • “Scheduled Areas”?
  • “Tribal Areas”?
  • Administrative of Scheduled Areas in states other than Assam, Meghalaya, Tripura & Assam
  • Administrative of Tribal Areas in states of Assam, Meghalaya, Tripura & Assam.
  1. “Scheduled Areas” –
  1. Are Areas inhabited by Tribes specified as “Scheduled Tribes”.
  2. These scheduled Areas are there in states other than Assam, Meghalaya, Tripura and Mizoram.
  3. Special provisions for the administrative of such areas are given in the V schedule of the Indian Constitution.
  4. Art 244 (1) – Says that the special in the V schedule provisions are to be applied for the administrative of “Scheduled Areas” in states other than Assam, Meghalaya, Tripura and Mizoram, though such areas are situated within a state or UT.
  5. Because the people inhabited by these areas are backward.
“Tribal Areas”
    • Are Areas inhabited by tribes in the states of Assam, Meghalaya, Tripura and Mizoram and are separately dealt with.
    • Art 244 (2) – Says that the special provisions in the VI Schedule are to be applied for the administrative of “Tribal Areas” in the states of Assam, Meghalaya, Tripura and Mizoram.
  • Administration of Scheduled Areas in States other than Assam, Meghalaya, Tripura & Mizoram.
    • V Schedule deals with the administrative & Control of scheduled Areas & Scheduled tribes in states other than Assam, Meghalaya, Tripura & Mizoram.
    • The main features in the schedule are:-
    1. Union has executive power to give directions to the respective states regarding the administrative of scheduled areas.
    2. Government of the states having scheduled Areas have to submit reports regarding the administrative of such areas annually or whenever so regarding by the President.
    3. “Tribes Advisory Council” are to be constituted to give advice on the matters of welfare and administrative of scheduled tribes in the states as referred to them by the Governor.
    4. Governor is authorized to direct that any Act of parliament or of state legislature cannot be applied to a scheduled Areas or be applied only with certain exceptions or modifications.
    5. Governor is authorized to make regulations – to prohibit or restrict the transfer of land
                By or among the member of ST’s.
    • regulate the allotment of land.
    • And regulate the business of money lending.

All such regulations should have the assent of the President.

6.                   The foregoing provisions of the constitution relating to the scheduled areas & tribes may be altered by the parliament with an ordinary legislation without going through the process of constitutional Amendment.
7.       Art 339 (1) Provides for appointment of a commission for the administrative of scheduled areas and welfare of scheduled tribes by the president at any time and compulsorily once in 10 years.
    • First such commission in 1960 chairman – U. N. Dhebar.
  • Tribal Areas in Assam, Meghalaya, Tripura and Mizoram.
    • The Tribal areas in Assam, Meghalaya, Tripura and Mizoram are appended in VI Schedule in the constitution.
    • Provisions relations to the administrative of tribal areas in Assam, Meghalaya, Tripura and Mizoramare dealt in VI schedule.
    • Originally VI such contained Two parts A & B but after several amendments it has (4) parts I, II, IIA & III
  1. Part I
a.                   The North Kachar Hills District.
b.       The Karbi Anglang District.
2.                   Part II
a.       The Khasi Hills District.
b.       The Jaintia Hills District.
c.        The Garo Hills District (in Meghalaya).
3.                   Part IIA
a.       Tripura Tribal Areas District.
4.                   Part III
a.       The Chakma District
b.       The Mara District
c.        The Lai District
                                                         i.            These tribal areas are to be administered as autonomous district & are not outside the executive authority of the state.
                                                        ii.            But there are provisions for the creation of District councils & Regional councils
    • District & Regarding Councils.
a.                   Are primarily representative bodies having legislative and judicial functions.
b.       They have law making in certain fields such as,
i.                        Management of a forest other than reserved forest
                                                        ii.            Inheritance of property,
                                                      iii.            Marriage & social customs.
(c) Governor may confer power to these councils to try certain suits or offences.
(d)Also have power to assess and collect land revenue and impose certain taxes.
(e) Council made laws have no effect unless assented to by the Governor.
      1. Any Act of the state legislature can be extended to these councils only after the relevant District council so directs by public notification.
                                                       v.            President or Governor were to central and state acts of legislature may direct by notification they do not apply to an autonomous district or be applied with certain exceptions or modifications.
                                                      vi.            These councils shall have judicial power both civil & criminal subject to the jurisdiction of the HC as the Governor may from time to time specify.
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