GOVERNMENT OF ORISSA
ST & SC DEVELOPMENT DEPARTMENT
No. 2 0 8 8 2/SSD
TAC 1/ 2007
From :
Dr. Taradatt, IAS
Commissioner-cum-Secretary to Govt.
To : All Members,(Except Sl.No 1 & 2)
Tribes Advisory Council.
Sub: Proceeding of the meeting of the Tribes Advisory Council held on 10.4.2007.
Sir,
I am directed to enclose a copy of the proceedings of the meeting of the Tribes Advisory Council held on 10.04.2007 at 11.00 AM in the 3rd Floor Conference Hall of the Secretariat under the chairmanship of the Hon'ble Chief Minister, Orissa for favour of information.
Yours faithfully,
Sd/-
Dr. Taradatt
Commissioner-cum-Secretary to Govt.
Memo No. 2 0 8 8 3/ SSD dated 29th May 2007
Copy along with copy of proceeding of the meeting of the Tribes Advisory Council held on 10.04.2007 forwarded to the Principal Secretary to Chief Minister/ Private Secretary to Minster, ST & SC Development for kind information of Hon'ble Chief Minister and Hon'ble Minister, ST & SC Development.
Sd/- Dr. Taradatt
Commissioner-cum-Secretary to Govt.
Memo No. 2 0 8 8 4/ SSD dated 29th
May 2007
Copy along with copy of proceeding of the meeting of the Tribes Advisory Council held on 10.04.2007 forwarded to the Private Secretary to Chief Secretary/ Private Secretary to Development Commissioner & Addl. Chief Secretary/ Private Secretary to Agriculture Production Commissioner for favour of information of the Chief Secretary, Development Commissioner and Agriculture Production Commissioner.
Sd/- Dr. Taradatt
Commissioner-cum-Secretary to Govt.
Memo No. 2 0 8 8 5/
SSD dated 29th May 2007
Copy along with copy of proceeding of the meeting of the Tribes Advisory Council held on 10.04.2007 forwarded to the Private Secretary to Principal Secretary to Government, Finance Department/ Private Secretary to Principal Secretary to Govt, Agriculture Department/ Private Secretary to Commissioner-cum-Secretary to Govt, Steel and Mines Department/ Private Secretary to Principal Secretary to Govt, Forest & Environment Department / Private Secretary to Principal Secretary to Govt, Home Department/ Private Secretary to Commissioner-cum-Secretary to Govt, Revenue & Disaster Management Department/ Private Secretary to Commissioner-cum-Secretary to Govt, Excise Department/ Private Secretary to Principal Secretary to Govt, Health & Family Welfare Department / Private Secretary to Commissioner-cum-Secretary to Govt, Panchayati Raj Department/ Private Secretary to Commissioner-cum-Secretary to Govt, Rural Development Department/ Private Secretary to Commissioner-cum-Secretary to Govt, F.S. & C.W. Department/ Private Secretary to Commissioner-cum-Secretary to Govt, Energy Department/ Private Secretary to Commissioner-cum-Secretary to Govt, School & Mass Education Department/ Private Secretary to Commissioner-cum-Secretary to Govt, Higher Education Department/ Private Secretary to Commissioner-cum-Secretary to Govt, Women & C.D Department/ Private Secretary to Principal Secretary to Govt, Water Resources Department/ Private Secretary to Commissioner-cum-Secretary to Govt, Industry Department/ Private Secretary to Special Secretary to Govt, G.A. Department/ Private Secretary to Principal Secretary to Govt, Law Department/ Private Secretary to EIC-cum-Secretary to Govt, Works Department / Private Secretary to Commissioner-cum-Secretary to Govt, Information & P.R. Department/ Private Secretary to Commissioner-cum-Secretary to Govt, Tourism & Culture Department for favour of information of Principal Secretaries/ Commissioner-cum-Secretaries.
Sd/- Shri N.P. Das
Director (ST & SC)-cum-Addl Secy. to Govt..
Memo No. 2 0 8 8 6/ SSD dated 29th May 2007
Copy along with copy of proceeding of the meeting of the Tribes Advisory Council held on 10.04.2007 forwarded to the Director, National Commission for STs, N-1/297, IRC Village, Bhubaneswar/ G.M., TRIFED/ GM, NAFED/ M.D, OSDFCC/ MD, TDCCOL / Director, SCSTR & TI/ PD, OTELP/ Director, ATDC for information and necessary action.
Sd/- Shri N.P. Das
Director (ST & SC)-cum-Addl. Secy to Govt.
Memo No2 0 8 8 7_/ SSD dated 29th May 2007
Copy along with copy of proceeding of the meeting of the Tribes Advisory Council held on 10.04.2007 forwarded to the PS to Commissioner-cum-Secretary / PS to Director (ST/SC)-cum-Additional Secretary/ PS to Director OBC / All other Officers of ST. & SC Development Department for information and necessary action.
Sd/- Shri N.P. Das
Director (ST & SC)-cum-Addl.Secy to Govt.
Memo No. 2 0 8 8 8/ SSD dated 29th May 2007
Copy along with copy of proceeding of the meeting of the Tribes Advisory Council held on 10.04.2007 forwarded to all Section Officers of ST & SC Development. Department for information
Sd/- Shri N.P. Das
Director(ST& SC)-cum-Addl. Secy to Govt.
Memo No. 2 0 8 8 9/ SSD dated 29th May 2007
Copy along with copy of proceeding
of the meeting of the Tribes Advisory Council held on 10.04.2007 forwarded to Sri Sujit Mukherjee, I/C Computer Cell
to incorporate the proceeding in the website of this Department
Sd/- Shri N.P. Das
Director(ST& SC)-cum-Addl. Secy to Govt.
PROCEEDINGS
OF THE TRIBES ADVISORY COUNCIL (T.A.C) MEETING HELD ON 10. 04 .2007
The meeting of the Tribes Advisory
Committee was held on 10.04.2007 at 11 A.M. in the 3rd floor Conference
Hall of the Secretariat. Honorable Chief Minister, Orissa presided over the
meeting. The list of honorable members and officers who attended the meeting is
given at Annexure-I.
At the
outset,
Chief
Minister in his opening address extended a warm welcome to the new members of
the TAC and officials present. He informed all the members various steps taken
by the State government for promoting welfare and development of tribal
communities. In this regard, he highlighted that a total number of 1000 ST Girl's hostel were programmed to be
constructed in the state to accommodate 1
lakh additional ST girl students from 2007-08. About 700 nos. of 40 seated ST Girls hostels have been
constructed in KBK districts. Prematric scholarship to ST/SC Boys and Girls
boarders has been enhanced from Rs.3,00/- to Rs.400/- and from Rs.400/- to Rs.425/- respectively which
will be made effective from 1st April
2007. Educational institutions of ST & SC Development Department
have been included in the Sarba Sikhya Abhiyan. An innovative scheme has been
introduced to provide Bicycle to tribal girl students passing out H.S.C.
Examination and prosecuting higher studies. The 2nd phase of OTLEP
extending the programme to 20 more Blocks with inclusion of three more
districts of Nowrangpur, Malkangiri and Rayagada has been launched on 27.3.07.
For constructing blacktop road to tribal villages under PMGSY the state
government has moved to Government of India to relax the existing population
norms and allow PMGSY road to a tribal village with less than 500 population.
He urged that all departments should draw up feasible plans and programmes in
tribal areas of the state to provide optimal benefit to the tribals.
Commissioner-cum-Secretary,
ST & SC Development and Minorities
and Other Backward Classes Welfare department placed the agenda items before
the TAC for discussion.
Agenda No. 1
Confirmation of the proceedings of the meeting of the
Tribes Advisory Council held on 29.07.2006
The proceedings of the meeting of the TAC held on 29.7.2006 were confirmed.
Agenda No.2:
Follow up action
taken on the proceedings of the meeting of the TAC held on 29.07.2006 is
indicated below.
2.1 Introduction of Santali in Oriya script
in educational system of Primary Schools and use of tribal languages in primary
education
As per the report of the Expert
Committee headed by Dr.D.P.Pattnaik, Orissa Primary Education Programme
Authority (OPEPA) was entrusted with preparation of books and introduction of
Santali Language in Olchiki script. OPEPA is preparing Text Books in Santali
language adopting multilingual education Programme and Preparation of Text
Books for Class-I is underway.
2.2 Inclusion of the
MURIA/PAIKA BHUYAN/ PAIK BHUYAN/PAHARIA (KAMAR) communities in the constitution
(ST) order.
Government of
2.3 Making suitable
amendments in the existing rules for production of “Nativity Certificate”
Instead of ‘Residential Certificate’ for the purpose of seeking employment
against a district cadre post in Scheduled Areas.
Commissioner-cum-Secretary, ST & SC Development
Department informed TAC about its discussions and recommendations of the
Committee headed by Revenue Secretary on the subject in addition to explaining
the legal provisions.
2.4
Settlement of Govt. land with STs in the Scheduled Areas:
Members were informed that for settlement
of Government land with S.Ts in Scheduled Areas, the proposal for bringing a
special resolution invoking Para 5 (2)(b) of the 5th Schedule of the
constitution of India was under active consideration by Revenue Deptt.
2.5 Further amendments to Orissa Transfer
of Immovable Properties (by Scheduled Tribes) Regulation 2 of 1956.
The Commissioner-cum-Secretary, ST&SC Development informed
that a Committee has been constituted to examine further amendments to Orissa
Transfer of Immovable Properties (by Scheduled Tribes) Regulation 2 of 1956.
The report of the Committee has already been circulated among all the Members
of the TAC. The Committee has recommended the followings.
1.
Permission for mortgage of tribal land can be granted for obtaining loan
from different Banks/Financial Institutions for some selective purposes such
as, building of residential house, higher studies of children, self-employment,
business and for small-scale industries. (U/s 3(B) of Regulation-2/56) provided
that, he/she possesses a minimum qualification of 10 class pass. (U/s 3(B) of Regulation-2/56).
2.
In the event of insolvency of the loanee, the Bank/Financial
Institutions will be at the liberty to put the mortgaged land to public auction
where any person, even if not belonging to ST, can participate in the auction
sale. (U/s 3(B) of Regulation-2/56).
3. In the above new provision, Collector will
act as the permission granting Authority and the Revenue Divisional
Commissioner will be the appellate Authority. (U/s 3(B) of Regulation-2/56)
4. The Limitation period of 30 years in case of adverse possession of a
tribal land by a non-tribal should be lifted and the period of unauthorized
occupation be calculated with effect from
04.10.1956 in order to effect eviction U/s 3(B) & 7 D of Regiiiation-2/56.
5 The existing provision of transfer of land
by ST person subject to minimum limit of
Ac.2.00 of irrigated land and Ac.5.00 of un-irrigated land with the transferee after transfer should continue.
6. In the
existing Regulation, Sub-Collector/OSD(LR) is the competent authority for
restoration of tribal land under Section 3-A. Against the orders of
Sub-Collector, at present there is no appeal. There should be a provision to
have Collector as the appellate authority against the orders of Sub-Collector.
7. Government in Revenue & Disaster Management Department may explore the option of
bringing in a mandatory concept of 'land to land' rehabilitation, in case of
acquisition of tribal land in Scheduled areas, along the lines similar to the
provisions pertaining to irrigation projects as given in R & R Policy,
2006.
8. There is no need to permit mortgage for
purposes like meeting expenditure in connection with marriages, rituals etc.
The Collectors will be required to apply their mind carefully before according
permission for mortgage of land strictly for economically useful purposes.
9. Regular
evaluation studies need to be conducted by independent and competent professional
bodies, in order to obtain feedback on implementation of Regulation 2 of 1956.
10. In order to give
similar protection to tribals in non-scheduled areas, the Orissa Land Reforms
Act may also be amended accordingly.
2.6Consideration of the need for non-application
(or application with modification) of the provisions of
The Principal Secretary, Forest & Environment Deptt. informed that the Supreme Court in their order dated 13.4.2006 have permitted the State Govt. to regularize Pre-25th October 1980 encroachments subject to certain conditions and clearance given by the Ministry of Forest & Environment. Orissa is the only State to get such clearance from the Supreme Court. Besides, GOI, MOEF in their letter dated 19.5.06 and 29.8.2006 have conveyed their in principle approval for diversion of 1921.31 hectares of forest land for regularizing the encroachments which have been taken placed prior to 1980 in 9 districts i.e. Jharsuguda, Sambalpur, Khurda, Nayagarh, Rayagada, Boudh, Kalahandi, Koraput and Sundergarh. In principle approval of the balance districts are pending with GOI and complete report in respect of other 9 districts have not yet been received.
M.L.A. Rabi Naik pointed out that in 18
reserved forests in our State, the Adivasis have not yet been given individual
RORs. In Uttaranchal and
2.7 Review of implementation of Panchayats
(Extension to Scheduled Areas)
Proposal to exclude Mahua Flower from the purview of stock holding restrictions under the Excise Law.
The Commissioner-cum-Secretary, ST&SC Development informed
that the present provisions of law
regarding restrictions on Mohua flower in Scheduled Areas are follows.
1. The limit of possession of Mohua flower in
the Scheduled Area is prescribed at one quintal per person or family during
off-season and five quintals per person or family during on season i.e. April,
May & June.
2. In other areas the limit of possession of
Mohua Flower is fixed at one quintal per person or family through out the year.
3. In the undivided district of Koraput,
Mayurbhanj and Sundergarh, the tribals can brew and possess liquor to a limit
of 1.5 liters per individual and to a maximum of 5 liters per household for
their bonafide domestic consumption and social and religious occasions, but not
for sale.
Ensuring that the Gram Panchayats fix the
market price of 69 MFPs control over which have been transferred to them.
As per Provision
5(i)(a) of Orissa Grama Panchayats (Minor Forest Produce Administration) Rules,
2002 which came into force with effect
from 14.11.2002, in the month of September every year the Panchayat Samiti
shall, by adopting a resolution to that effect, fix up the minimum price of
procurement of different Minor Forest Produces payable to the primary gatherers
during the next trading year which shall be applicable to all the Grama
Panchayats within the Block.
Provided that the
Gram Panchayat shall be competent to modify the minimum price so fixed
according to the local need by adopting a resolution to that effect.
Educating the GPs to take action against
offenders indulging in distress sale of MFPs by tribals.
The district administration is taking
necessary steps towards awareness creation and action against the offenders
indulging in distress sale of MFPs by tribals.
Reservation of ST seats for Zilla Parishads.
100% of offices of Chairpersons of all the
three tier PRIs are reserved for STs in Scheduled Areas as per provisions of
PESA Act, 1996. Similarly not less than 50% seats in membership have been
reserved for STs in all Scheduled Blocks coming under PESA Act.
2.8
Posting of regular Project Administrators in ITDAs.
Commissioner-cum-Secretary, ST&SC Dev. informed that most
of the vacant post of P.As in ITDAs have been filled up by G.A.Deptt. and
Revenue Deptt.
2.9 Status of ‘Jhodia’ community
Commissioner-cum-Secretary informed
that proposal for inclusion of Jhodia community in the Constitution(ST) order
has been recommended to GOI for including vide letter No.42601, dated
23.11.2002 and No.30469 dated 2.8.2006 and reminder has also been issued.
2.10 Evaluation of
the working of Protective Legislation (as referred by His Excellency, the
Governor of Orissa under Rule-17 of Orissa Tribes Advisory Council Rules)
Commissioner-cum-Secretary informed that
with regard to evolution of an information system on progress of implementation
of the Regulation 2 of 1956, the monthly progress report on
implementation of various Sections of Regulation
2 of 1956 are being reviewed by
Collectors, Land Reforms Commissioner (LRC) and
the Revenue and Disaster Management Deptt. regularly. One M.I.S. has been
developed by the Department to monitor the progress of various sections of
Regulation-2 of 1956.
2.10.1Effectiveness of Regulation-2 of 1956 as amended by
Regulation-1 of 2002 in the Scheduled
Areas of the State.
Action is being taken by Revenue
Deptt. in this regard. Besides, proposal for further amendment has been cleared
by the Committee headed by the Minister, Revenue. The recommendations of the
Committee have been discussed earlier.
2.10.2 Regulating allotment of
Government land to the Members of the STs in the Scheduled Areas
A special Regulation on allotment of
Government land in Scheduled Areas to Tribals is under active consideration of
Govt.
2.10.3
Applicability of the
provisions of
The matter has
already been discussed.
2.11
Need for further amendments to Orissa
Transfer of Immovable Properties (by Scheduled Tribes) Regulation 2 of 1956.
This
has been discussed in detail.
2.12 Review
of implementation of Panchayats (Extension to Scheduled Areas) Act, 1996.
(i) Land passbooks will be issued to the Scheduled
Tribes whether APL or BPL in respect of their homestead and agricultural land free
of cost in I.T.D.A. areas. The expenditure towards taking photographs etc. of
the members of the Scheduled Tribes will be borne by the ITDAs in TSP areas and
elsewhere by State Govt. agencies.
Revenue Department has been
informed that the funds released to ITDAs under SCA, Article 275 (1) etc. are
to be utilized for implementation of family oriented income generating schemes
and infrastructure development projects. As such provisions have to be made by
Revenue Department for issuance of land passbooks in favour of tribals in the
scheduled areas.
(ii) A Committee constituted to suggest modifications
required for Regulation 2 of 1956 will submit its report within three months.
The details have already been discussed. The
Committee has already furnished its recommendations which has been circulated
to the Members.
(iii) A special Regulation will be brought on allotment of
Govt. land in Scheduled Areas
Placed
for active consideration by Revenue Deptt.
(iv) Efforts will be made
for skill upgradation, design improvement and marketing of tribal handcrafts
linking professional support.
Steps are being taken by concerned Departments for skill upgradation, design improvement and marketing of tribal handcrafts.
(v) Vacancies of teachers in
tribal schools will be filled up on priority.
ST&SC Development Deptt. has
already issued instructions to all Collectors to fill up the vacant posts.
(vi) Revenue
Dept. and Law Dept. may take steps to settle various types of ‘Jagir’ land in
the Scheduled Areas in favour of village committees or deities instead of
giving Pattas in favour of individuals rendering service to the village
community/institutions. This was felt necessary in order to keep the tribal
culture and traditions intact, as otherwise the individual servitors (Sevayats)
may stop giving such service to the community/ institutions.
Revenue and
Law Department have been requested to do the needful.
2.13 Review of implementation of ORV Act,
including
All Departments have been advised and reminded
to ensure strict compliance with the provisions of ORV Act and fill up the
backlog vacancies. The ST & SC Dev. Deptt. is in the process of drafting a
Bill for a comprehensive amendment of ORV Act 1975, in consultation with Law
Deptt.
2.14 Developmental
programme under implementation in Scheduled Areas of the State
Commissioner-cum-Secretary
informed that reviews of programmes implemented by ITDAs, MADAs, Clusters and
Micro Projects are being made every month in Zonal review meetings as well as
in State Headquarters. The pace of expenditure has increased up to 80% under
SCA to TSP and Article 275 (1).
Besides, various steps taken by the H&FW
Deptt. for posting of Doctors in the tribal areas was also discussed.
2.15 Adoption of single line demand and single
line administration in Orissa
ST & SC Development
Department is declared as the nodal department for the State in regard to
formulation and monitoring of the Tribal Sub-Plan and SCSP vide P &C Deptt.
Resolution No. 12567/P dt. 12.9.06. A State Level Monitoring Committee was held
on 28.11.06 for formulation and monitoring of the T.S.P. and SCSP.
ST & SC Dev. Deptt. is also
involved in the Pre-Budget Scrutiny Meeting
of the Deptts. along with Finance Deptt & P & C Deptt.
The District Level Monitoring
Committee is constituted under the Chairmanship of District Collectors vide ST
& SC Development Department Resolution No. 55605/ ST & SC dt. 27.9.06
and Block level Monitoring Committee is constituted under the Chairmanship of
Sub-Collector & Chairman Panchayat Samiti vide ST & SC Development
Department Resolution No. 35610/ST & SC dt. 27.9.06 for formulation and
monitoring of TSP & SCSP at the district and Block levels.
2.16 Discussion on R& R Policy, 2006
Government have framed a comprehensive Resettlement and
Rehabilitation Policy, 2006, for mitigation the suffering of displaced groups
with emphasis on the needs of the indigenous communities and vulnerable
sections.
It is categorically mentioned in
the policy that no physical displacement shall be made before completion of the
resettlement work as approved by RPDAC(Rehabilitation & Periphery
Development Advisory Committee). Revenue Divisional Commissioners are asked to
form the RPDACs for all projects and districts.
They are requested to give due weightage to suggestions of tribal members in
finalizing action plan for projects to be implemented with periphery
development funds. A Directorate of Rehabilitation and Resettlement will
shortly be established at State level with Rehabilitation Cells at District and
Project level which will monitor and attend to genuine grievances of the
tribals.
(a) Inclusion of PURAN/ BHANJA PURAN/ TAMDIA PURAN/TAMUDIA PURAN/ TAMURIA PURAN/ TAMARIA PURAN communities in the Constitution (ST) Order.
(b) Inclusion of KONDA REDDI/KONDA REDDY communities in the Constitution (ST) Order.
(c) Inclusion of BHIL community in the Constitution (ST) Order.
Commissioner-cum-Secretary
informed that the SCSTRTI has examined the socio-economic background of the
communities and has recommended for their inclusion in the Constitution (ST)
order. The TAC then recommended for inclusion of these communities in the
Constitution (ST) order.
Amendment of ST
Land Transfer Guidelines for Scheduled Areas
The findings of the
Committee appointed for suggesting the amendments to Regulation 2/56 have
already been circulated to the members of the TAC.
Agenda Item No.5
The
implementation of the provisions under Article
244(1) by the
(a) The executive power (order) extended so
far to the Scheduled Areas.
(b) The Annual Administrative Report of
Scheduled Areas of Orissa submitted by the Governor of Orissa to the President
since last five years
Annual Administration Report up to 2004-05 has been submitted
to the President of India through Ministry of Tribal Affairs, Govt. of India.
PART-B 4 and 5
(a) The names of the remaining five seats
filled by the Governor as member of TAC as envisaged in first proviso of Tribes
Advisory Council i.e. The remaining seats shall be filled by other members of
those tribes'.
Commissioner-cum-Secretary informed that 15
ST Members of OLA were already the Members of TAC. Besides, there were 2 MPs
and one Member from ST woman. Hon’ble Chief Minister and Minister, ST&SC
Dev. are the Chairman and Vice-Chairman of the TAC. Therefore, the question of
filling up the remaining seats by other ST Members does not arise.
(b) Whether there was any reference or
proposals sent by the Governor of Orissa in recent years for discussion and
advice pertaining to the advancement of Scheduled Tribes?
As per Rule-17 of the Orissa Tribes Council Rules, His Excellency the Governor has been pleased to refer the following points for detailed deliberations and discussion.
(a) Effectiveness of Regulation-2 of 1956 as
amended by Regulation-1 of 2002 in the Schedule Areas of the State.
(b)
Regulating allotment of Government land to the Members of the STs in the
Schedule Areas
(c)
Applicability of the provisions of Forest Conservation Act and Land Acquisition
act in Scheduled Areas
Law applicable to Scheduled Areas
a) Whether there was any study made by the Government of
Orissa to find out the effect and impact on interest of Scheduled Tribes of any
Central and State Act to reject such exception and modification in those Acts
so apply in Scheduled Areas and the Governor had issued any direction in this
regard?
b) The
Regulations adopted for Good Governance of Scheduled Areas?
Para 5(2) of the Part ‘B’ of the
5th Schedule to the Constitution of
India provides that the Governor may make regulations for the peace and
good governance in any area in a State which is for the time being a Schedule
Area. Such regulations may –
(a) Prohibit or restrict the transfer of
land by or amongst members of the Scheduled Tribes in such area;
(b) Regulate the allotment of land to
members of the Scheduled Tribes in such areas; and
(c) Regulate the carrying on business as
money-lender by persons who lend money to members of the Scheduled Tribes in
such area.
According to the above provisions,
suitable amendments have been made in the Orissa Schedule Areas Transfer of
Immovable Property (By Scheduled Tribes) Regulation, 1956 (Orissa
Regulation – 2 of 1956) vide Law
Deptt. Notification No.11714 dated 4.9.2002 to protect the land interest of the
Scheduled Tribes in the Schedule Areas of the State. Similarly the Orissa
Schedule Areas Money Lenders’ Regulation, 1967 (Regulation 2 of 1968) have been
suitably amended vide Law Deptt. Notification No.14217 dated 30.8.2002 to
protect the tribal communities from exploitation by unscrupulous Money Lenders.
The Recommendation of the Committee
appointed for suggesting amendments to Regulation 2/56 has already been
circulated to the Members.
Scheduled Areas
1. The
names and areas of Scheduled Areas in the State with boundary area with in the
State and the districts there off?
2.
Whether
the Koraput District has been divided in four revenue district?
3.
Whether
the divided districts with new boundary area is separate Scheduled Area
boundary or still it forms four revenue district boundary under Undivided
Koraput Scheduled District boundary?
About 44.70% of the area of the State has
been declared as Schedule Area in accordance with the orders of the President
of India, issued under paragraph 6 of the Fifth Schedule of the Constitution.
The Schedule Area in Orissa comprise the entire districts of Mayurbhanj,
Koraput (undivided) and Sundergarh, Kandamal, Balliguda and G.Udayagiri Tahasils
of Phulbani district, R.Udayagiri Tahasil, Gumma & Rayagada Blocks, Soroda
Tahasil, excluding Gazalbadi and Gochha Panchayats of Ganjam district, Kuchinda
Tahasil of Sambalpur district, Telkoi, Keonjhar, Champua and Barbil Tahasils of
Keonjhar district, Th.Rampur and Lanjigarh blocks of Kalahandi district and
Nilagiri Block of Balasore district.
2. Koraput Dist. has been divided into four
revenue districts.
3. The Scheduled Area comprises of all the
divided districts of Koraput.
a) Whether the provision in PESA and
'Panchayat’ under Article 243 and the
State Panchayat Act at three tier level has been extended in Scheduled Areas?
b) If
so, what are the provisions in the Central Act and State Act has been
identified obligatory, mandatory consistency and inconsistency there off
c) Whether the PESA in Scheduled Areas is
intended to check the discontentment of Scheduled Tribes and projecting from
all forms of
exploitation?
d) If so, the measures and steps taken to
formulate the schemes, legislations and regulations there off?
The provisions of the Panchayats
(Extension to Scheduled Areas) Act, 1996 (PESA) has been extended to Scheduled
Areas of the State.
(i) The provisions of Panchayats
(Extension to Scheduled Areas) Act, 1996 came into force w.e.f. 24.12.96. The
State Panchayat laws namely, the Orissa Gram Panchayat Act, the Orissa
Panchayat Samiti Act and the Orissa Zilla Parishad Act have been amended
consistent with provisions of the Central Act within the schedule time.
(ii) Important features of amended State law
are as under:
(a) In the Schedule Areas, a Gram shall
ordinarily consist of a habitation or a group of habitation of a community or
communities and manage its affairs in accordance with traditions and customs.
b) Statutory recognition has been
given to Grama Sabha in the light of Section 4(c) of the Central Act.
(c) Reservation for Scheduled Tribe
Members in Schedule Areas : State laws have been amended to provide minimum 50%
representation of ST members in every panchayat, in the Scheduled Area.
Provisions have also been made to reserve all offices of Chairpersons in
the three tier PRIs in favour of ST.
(d) In conformity with provisions of Central
Act powers have been given to different tiers of PRIs.
The progress made so far by the
concerned Departments in implementation of the relevant provisions of the Act
are as follows.
Provisions of
Central Act (PESA)
1.Section 4(c) & (e)
Grama
Sabha has been given power to approve plans, programmes, projects, selection of
beneficiaries under the Poverty Alleviation Programme.
2. Section 4(i)
No
acquisition of land for development projects and for resettling and
rehabilitating persons affected by such projects can be made without prior
consultation with Panchayat.
3. Section 4(j)
Management
of Minor Water Bodies has been given to Zilla Parishad.
4.Section 4(k)
Recommendation
by Panchayat is necessary prior to issue of prospecting license or mining
lease, minor minerals.
5.Section 4(m)
Grama
Sabha has been authorized to exercise control over bonafide manufacture and
sale of intoxicants.
6.Section 4(n)
Regulation
and trade in 69 items, specified as Minor Forest Produce, have been transferred
to Grama Panchayats.
Agenda Item No.9 & 10
Implementation
of the Articles 19 (a), (b), (c), (d),
(e) along with Clause (5)
Article 244 Governor's Report
Article 19
Article 275(1) First Provision
-
Single line Administration
-
Single budget mechanism
-
Policies formulated and adopted for Scheduled Areas
(proposal submitted by Hon’ble Member Shri
Giridhar Gamang, MP, Lok Sabha)
Commissioner cum Secretary informed that Orissa has received about
Rs.40.00 crore annually as grant under
Article 275(1) for specific projects approved by Ministry of Tribal Affairs
within the overall entitlements of each State depending on its tribal
population. This is additionality to normal Central Assistance to State Plan to
meet the cost of such schemes/projects as may be undertaken by the State and
approved by the Ministry of Tribal Affairs for the purpose of welfare and
development of STs for raising up the administration in the Scheduled Areas.
The projects that are usually implemented under the programme are as under:
1. Roads and Bridges
2. Minor Irrigation Projects
3. Educational complexes
4. Hostel buildings
5. Drinking water projects
6. Electrification of tribal bastis.
Economic Rehabilitation of Tribal Weavers (Proposal submitted by
Textiles & Handloom Deptt
Chief Minister, indicated that there
were many Tribal Weavers who needed to be trained properly. To train tribal
weavers, three training centers at Sohela (Bargarh Dist.), Saintala (Bolangir
Dist.) and Bangiriposhi (Mayurbhanj Dist.) will be opened.
It was resolved that the
Handloom & Textile Deptt. should make adequate provisions towards TSP and
give specific proposals to ITDAs/Blocks for infrastructure development and
income generating scheme to assist the tribal families below the poverty line
as per the SCA guidelines, if additional resources are requested.
Sericulture
programmes have been implemented mostly in tribal pockets of rural areas of the
state & most of the beneficiaries
involved in Sericulture Programmes are tribal. 'The following assistance may
please be provided to the Tribal people for their economic development. (proposed by Textile & Handloom Deptt.)
Chief Minister informed the
Committee that the Tribal farmers rearing Tassar and Mulbery should be provided
pucca house, for storing of rearing equipments, seeds and commercial cocoons
etc. The possibility of financial support under the SCA can be explored if
feasible proposals keeping in view the guidelines submitted to
ITDAs/Blocks/OSFDC.
Agenda Item No.13
TAC agreed for
registering a Tribal Society to attract investments from different agencies and
to take care of the educational development of the tribals under various
programmes.
Agenda
Item No.14
Constitution of
Employment Mission etc.
TAC underlined that proposal submitted by
the Director of Employment needed to be
firmed up with proper scrutiny and keeping in view the existing norms.
Agenda
Item No.15
Creation of more
number of posts of D.S.P for investigation of cases under Rule-7 of SC & ST
(POA) Rule- 1995.
Home Secretary informed the TAC members that interim
arrangements are being made to create more number of posts of DSPs for
investigation of SC/ST atrocities cases
Agenda Item No.16
Provision for infrastructure like Office building,
Residential building and other facilities for doctors, paramedical staff &
Class-IV staff in the CHCs & PHCs in the Tribal Districts.
It was noted that more funds have been
allocated in 2007-08 for construction of ANM Centres, Sub centers, government
quarters in the PHCs and CHCs in Tribal
Blocks. However, it was decided that funds from Biju KBK etc. should be
explored to meet the critical health requirement.
Agenda
Item No.17
Enhancement of
Subsidy for pisciculture through FFDA to fish farmers under S.T. category.
Honourable C.M. announced the enhancement of subsidies from
the existing 25% to 50% subject to Rs.1 lakh per hectare instead of the
prevailing amount of Rs.50,000 for excavation of new ponds and Rs.30,000/- per
hectare for renovation of old ponds instead of the prevailing rate of Rs.15,000/.
Construction of
Road Project to connect the
TAC observed
that construction of road project to connect the Sevashram Schools at
Bahiapadar under Barpali Block of Bargarh district will be undertaken out of
the funds of NREGP.
Other Items:
(i) It was proposed by Shri Bhagirathi Majhi, M.P. to rename
the
(ii) Some Members
demanded that 11 Colleges, situated at Malkangiri, Nowrangpur, Rayagada,
Gunupur, Baliguda, Kuchinda, Bonei, Nilgiri, Champua, Rairangpur should be
taken over by Govt. Secretary, Higher Education informed that the final
decision will be taken on the basis of the recommendation of the Standing
Committee of the Assembly.
Making a
policy announcement, Chief Minister informed the Committee that undivided
Koraput, Kandhamal and Gajapati Districts are most backward districts in the
State. In order to boost education among the ST girls, each Block of these
districts will have one residential
(iii) It was resolved that the
proposal submitted by two former members of TAC for consideration should be
sent to the departments concerned for indepth examination and necessary action.
Submergence of villages of Motu Tahasil, due to Irrigation
Project on river Godavari at Pollavaram.
Secretary, Water Resources, indicated that 10 villages of Motu Tahasil in Malkangiri District are likely to be submerged due to Indira Sagar Multi purpose Project proposed by Andhra Pradesh on river Godavari at Pollavaram. It is apprehended that, 1002 families of which 930 belong to Scheduled Tribe category may be displaced due to the construction of the Project. It will also submerge 297 acres of command area of Potteru Irrigation Project besides a large forest area.
MOEF,
Govt. of
All the members of the TAC, unanimously opposed the execution of the Project, and recommended to Chief Minister, to take up the matter strongly with Govt. of India.
The meeting ended with thanks to the
Chair and the participants.
ANNEXURE – I
MEMBERS PARTICIPATED IN THE MEETING OF
THE TRIBES ADVISORY COUNCIL HELD ON
10.04.2007.
|
Sl. No. |
Name of the Member |
|
1. |
Sri Golak Bihari Naik, Minister F & A.R.D, Textile & Handloom. |
|
2. |
Sri Giridhar Gamang, MP, Lok Sabha |
|
3. |
Sri Bhagirathi Majhi, MP, Rajya Sabha |
|
4. |
Sri Balabhadra Majhi, MLA, Narla |
|
5. |
Sri Basudev Majhi, MLA, Kotpad |
|
6. |